36C26123Q0226_1.docx

36C26123Q0226

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C261-23-AP-0673

593-23-2-771-001 36C26123Q0226 01-03-2023 James Postell

702.791.9000 x18936 01-17-2023

10AM

PST

00261 Department of Veterans Affairs Network Contracting Office 21 VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas

NV

89086 X X 561612 N/A X See Price/Cost Schedule

00261 Department of Veterans Affairs Network Contracting Office 21 Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas

NV

89086

Financial Services Center P.O. Box 149971 Austin

TX

78714-9971 See CONTINUATION Page This procurement is for Security Guard Services for VA Southern Nevada Healthcare System.

The Period of performance: 2/01/2023 - 9/30/2023 Wage Determination# 15-5593 (Clark County) Wage Determination# 15-5599 (Nye County) See CONTINUATION Page x x James Postell Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 James Postell

Network Contracting Office 21 VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas NV 89086

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Security for Period of Performance 1 February 2023 to 30 September 2023 for Laughlin and Pahrump Clinics Contract Period: Base POP Begin: 02-01-2023 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 561612 - Security Guards and Patrol Services PRODUCT/SERVICE CODE: R430 - Support - Professional: Physical Security and Badging

MANUFACTURER PART NUMBER (MPN): N/A

Page 1 of Page 1 of United States Department of Veterans Affairs Southern Nevada Healthcare System (VASNHS) North Las Vegas, NV

Performance Work Statement Unarmed Security Guard Services

A. GENERAL:

This is a non-personal services contract to provide Security Guard services for the Veterans Affairs Southern Nevada Healthcare System (VASNHS) located in North Las Vegas, Nevada and the outer-laying VA facilities as listed below.

B. PERIOD OF PERFORMANCE:

February 1, 2023, to September 30, 2023

C. PLACE OF PERFORMANCE:

Services are required at the following locations.

MCPO Jesse Dean VA Clinic 3650 South Point Cir, Bldg. D, 2nd FL, Ste 200 Laughlin, NV 89029 Clark County Pahrump CBOC 220 South Lola Lane Pahrump, NV 89048 Nye County

D. DUTY SCHEDULES/HOURS OF OPERATION:

E. FEDERAL HOLIDAYS OBSERVED BY VA:

The following days/hours will be deducted from the monthly billed hours.

When a Holiday falls on a Sunday, the following Monday shall be observed as a legal Holiday by U.S. Government Agencies. When a Holiday falls on a Saturday, the preceding Friday shall be observed as a legal Holiday.

In the event the President issues an Executive Order for an additional observed Holiday; hours of the contract will be deducted as there is no requirement for any on site security guards.

F. QUALIFICATIONS:

The Contractor shall meet all certification, registration and licensure requirements of Federal, State or Local laws regarding operation of this type of service.

The Contractor shall have relevant and recent (within past 4 years) experience providing the same services described herein.

The Contractor shall provide training records that demonstrate the Contractor’s ability to provide the services required. The training records will include all training certificates and licenses per the Qualifications Standards listed in the Performance Work Statement (PWS).

G. INITIAL GUARD QUALIFICATIONS:

Guards performing duties under this contract shall be a minimum of 18 years of age and be qualified as required by local and state laws- must have current State of Nevada Private Investigators Licensing Board certificate/badge. All guards must have relevant experience performing the services required in this PWS. Guards will complete training prior to assignment of this contract. Proof of training will be provided to the Contracting Officer’s Representative (COR) prior to the start of the contract.

Guards providing services under this contract shall not have any criminal record. Any criminal record/s found will disqualify them from employment. The Contractor shall provide a list of their employees, copies of Driver’s Licenses and the following required documents (Optional Form 306, Self-Certification Form and VA form 0710) prior to the employee’s start date. Criminal history inquiries will be processed on a semi-annual basis to ensure continued employment. Guards shall also be subject to a government background investigation, Special Agreement Check (SAC). Guards shall not commence work until the Contracting Officer receives notification that an investigation has been initiated. All guards shall provide required documents listed above to have a SAC initiated with Police Service. A favorable adjudication shall be received for guards to continue performance. All guards shall obtain a Personal Identity Verification (PIV) contractor badge from the PIV Badging office and always display/wear the badge above waist level and on their outer-most garments to ensure clear visibility.

H. MINIMUM QUALIFICATION STANDARD FOR GUARDS:

1. Education/Experience: All guards must:

· Possess a high school diploma or equivalency and have two (2) years’ experience in security services.

· Be literate in English to the extent of possessing the ability to clearly speak, read, understand and apply printed rules, detailed orders, instructions, and training material.

· Demonstrate the ability to construct and write clear, concise, accurate and detailed reports.

· Possess the ability to communicate and interact with the public.

· Possess the ability to maintain poise and self-control under stress.

· Maintain professionalism and abide by Veterans Affairs Code of Conduct at all times.

· Military Service may be credited toward meeting the above requirements.

2. Health and Physical Fitness Requirements: All guards shall:

· Be given a physical examination without cost to the Government or the employee, and medical certification attesting to the results of this examination shall be furnished to the Contracting Officer or COR on Standard Form 78 at least five (5) days prior to assignment of the employee to duty.

· Possess binocular vision correctable to 20/30.

· Be capable of hearing ordinary conversation at 15ft with either ear without benefit of a hearing aid.

· Be tested as TB-free and COVID-19-free prior to starting work.

· Be in good general health without physical defects or abnormalities, which would interfere with the performance of the duties and functions outlined in this PWS.

· Must have negative results from a urinalysis for the presence of illicit drug use.

· Additionally, Security Guards shall undergo a psychological assessment at no additional cost to the Government or the employee on an annual basis. The psychological assessment shall be provided by a physician or licensed practitioner authorized to conduct such examinations. Results shall be sent to the COR prior to start of the contract.

· Functional requirements include moderate lifting between 15 to 40 pounds, repeated bending, climbing, pulling, pushing, kneeling, standing and walking.

· Environmental factors include outside/inside excessive heat, irregular hours working alone and working around moving objects or vehicles.

I. SPECIFICATIONS:

· Contractor shall furnish all transportation, management, supervision, personnel, equipment, and supplies

· necessary to provide unarmed, uniformed guard services in accordance with all the terms and conditions

· defined herein.

· All guards working under this contract shall not be considered VA employees for any purpose and shall be

· considered employees of the Contractor. All guards assigned to the performance of this contract shall wear a Contractor-provided uniform that clearly identifies the individual as a Contracted Guard.

· Guards are only authorized to park in designated VA employee parking.

· Guards shall present a neat appearance and be easily recognized as Contracted employees. Example: wearing of distinctive clothing such as uniform, badges, patches, etc. Guards shall not wear sandals, flip-flop style footwear, or open-toe shoes and shall follow VA dress code guidelines.

· Guards will be required to wear masks per VA regulation. Masks will have no wording or photographs

· offensive in nature.

· Guards will comply with COVID-specific policies, set forth by VASNHS, (e.g. wearing a mask while on duty, decontamination, PPE wear, etc.)

· Guards will only perform their duties within the jurisdictional boundaries of VA property. If any guard

· observes or is informed of an incident, accident, suspicious activity inside/outside of VA property, they will

· immediately notify VA Police Dispatch who will contact the appropriate authorities.

Basic duties include:

· Manning static posts and performing foot patrols

· Monitoring COVID-19 screening stations

· Assisting in enforcement of COVID-19 policy-driven directives

· Complete visitors logs, if applicable

· Conducting ID checks

· Direct traffic

· Conducting foot patrols in parking lots and external areas to buildings and reporting any deficiencies

· Providing directions to VA employees, Veterans, contractors and visitors

· Providing witness statements on all incidents, reported or observed, when directed by VA Police

· Assisting with alarm and camera checks

· Detecting unauthorized access to VA property

· Be vigilant of vandalism to buildings and vehicles

· Immediately notify VA Police Dispatch of any person(s) suspected of committing a crime, affecting personal safety, creating a disturbance and any incident which requires the intervention of a certified law enforcement officer (VA Police)

· Educating veterans, visitors and staff of the No Smoking Policy and notifying VA Police of any violation

· Maintaining telephonic communication with VA Police Dispatch/Officers

· Replace US and POW flags, if applicable

Prohibitions:

· Consumption of alcohol on VA property is prohibited. The Contractor will be immediately notified of

· any guard that reports for duty and appears to be impaired. The guard will be removed from duty and

· subject to charges for being under the influence

· Alcohol and/or prescribed medication (which is classified as a narcotic, or which is sleep inducing) will

· not be consumed eight (8) hours prior to duty

· Guards will not be armed with any type of weapon in the performance of their duties, nor will they carry

· such weapons onto VA property; this includes firearms, OC pepper spray/mace, tasers, batons, knives,

· brass knuckles, etc.

· Guards will not possess handcuffs

· Guards will not use personal cell phones for personal use while on duty (including social media, YouTube,

· videos, movies, entertainment channels)

· No smoking on government property

· Guards will not park in designated Patient Parking when reporting for duty

· Guards do not possess arrest powers

· Guards cannot write federal or state citations

· Guards will not have access to the VA network nor VA Police internal communications

J. GOVERNMENT FURNISHED PROPERTY, EQUIPMENT AND SERVICES:

Training: VA Police Training section and COR will provide all Guards 8 hours of training/orientation prior to being assigned to a shift and starting work. Training will consist of localized training, which includes business hours, visitor logs, sign in sheet for start of and end of day, reportable incidents, communication with VA Police, special attention to Veteran-related issues, verbal de-escalation, response to incidents, contraband identification, and emergency procedures. Additional VA Privacy training will be provided to include Health Insurance Portability and Accountability Act (HIPAA), statutes and privacy standards per Veterans Health Administration directives.

Communications: A cellular phone will be provided to the Guards to communicate with VA Police Dispatch and the COR. Guards will sign for the cell phone at the beginning of duty and place it on charge after completing the tour of duty.

Accountability for Government Property: All non-disposable property (such as building keys) furnished by the Government under this contract will remain the property of the Government. Annually and upon termination of the contract, the Contractor shall conduct a joint inventory of all such property with the COR. Any property furnished by the Government to fulfill contracted requirements which is lost or damaged, resulting from improper use or negligence by the Contractor’s employees, shall be repaired or replaced at the Contractor’s expense, as directed by the COR.

Facemasks and when needed, PPE will be provided to perform a specific task.

K. CONTRACTOR FURNISHED PROPERTY, EQUIPMENT AND SUPPLIES:

Transportation: The Contractor will be responsible for providing any vehicles that are needed in the performance of the contract.

Uniforms: The Contractor shall furnish and maintain in acceptable condition, at no cost to the Government, all items of uniform and equipment necessary to perform the services required herein, (and specified below), and additional items as needed, within reason.

Guards shall always wear professional uniforms while in the performance of his/her duties. The color of the guard force’s uniforms shall be a color in general use by large guard organizations. All guards performing under this contract shall wear the same color and style of uniform. Shoulder patches shall be worn on uniform jacket and shirt. Identification nametags shall always be worn over the right breast shirt pocket. The only other identification the Guards shall wear and display on the uniform is the contractor badge. Contractor is responsible for issue of duty belts, flashlights, inclement/cold weather gear, notepad cases, etc.

a. Approved uniforms and related accessories listed do not have to be new but shall be in good condition:

1) Shirt, long sleeve

2) Shirt, short sleeve

3) Trousers, all season weight

4) Jacket, winter, patrol type

5) Jacket, light weight

6) Gloves, (pair) (color to match accessories)

7) Key strap with flap

8) Insignia, shoulder patches (each shirt and jacket)

9) Whistle with chain attachment

10) Nameplate, 3 ½” X ¾”, black/blue, ½” lettering on gold metal

b. Long or short sleeve shirts may be worn for the season or as weather permits.

c. The uniform shall only be worn when the officer/guard is on official duty or in transit between residence and duty station.

d. The color of the accessories and equipment shall be standard black/brown to match the uniform.

e. Shoes shall be low quarter or high topped, laced type or plain toe and standard heel. The color of the shoe shall match the color of equipment accessories; any deviation from the above requirements shall be approved by the COR.

f. Inclement weather clothing shall be required for those guards required to perform duties while exposed to cold, rain, and other inclement weather conditions. All weather clothing shall be identical in style and color for each guard.

Note: No guard shall enter on duty without wearing the proper uniform (including accessories).

g. Each guard on duty shall be equipped with supplementary equipment including, but not limited to: notebook, pen, pencil, replacement flashlight batteries, bulbs, and traffic control safety apparel (reflective vest, gloves). Guards shall not equip themselves with unauthorized supplemental, personal items and/or non-standard items.

L. QUALITY ASSURANCE:

The Contractor is responsible for the quality of all work performed under this contract. Any complaints or contract deficiencies identified shall be given a unique tracking number and must be retained by the Contractor for the entire duration of the contract. A report shall be generated by the Contractor containing a description of the complaint or deficiency, date, time, person issuing the complaint, internal remedies implemented, and a resolution of the complaint or deficiency. All pertinent individuals shall be named in the report and all complaints or deficiencies shall be remedied within seven (7) calendar days of the notification of the complaint or deficiency. All reports shall be delivered to the COR upon correction for inspection and validation. A report is not considered closed/corrected until the COR validates such in writing.

When a deficiency exists, it shall be brought to the attention of the COR, Contracting Officer (CO) and the Contractor. The COR shall retain a copy of each complaint or deficiency provided by the Contractor.

The Contractor shall ensure all guards are cognizant of the VA’s sexual harassment, alcohol and drug-free workplace and no smoking policies. The Contractor may obtain a copy of this information from the COR.

Surveillance: The COR shall evaluate the services provided by the Contractor on an ongoing basis through scheduled and random visits/inspections. The COR shall also investigate any complaints lodged against the guard(s) by VA employees or Veteran patients.

Standard: The Contractor shall strictly perform all work required under the terms of the PWS. The COR will notify the Contractor of any deficiencies identified and monitor corrective actions until fully remedied.

M. CONTRACTING OFFICER REPRESENTATIVE (COR):

The Government will appoint a COR to monitor the Contractor’s performance of this contract. A Delegation of Authority letter shall be forwarded to the Contractor after the contract has been awarded, identifying the individual(s) appointed as the COR(s).

N. CONTRACTOR’S RESPONSIBILITIES:

The Contractor shall maintain Workers Compensation and Employee’s Public Liability Insurance as prescribed by the State of Nevada. The Contractor shall comply with all applicable Federal and State laws regarding liability for the injury or death of an employee in performing the work under this contract and shall hold the Government harmless against any or all loss, cost, damage, claim expense or liability for accident or injury to persons or property occurring in the performance of this contract.

Before commencing work under this contract, the Contractor shall furnish an insurance certificate indicating coverage has been obtained and may not be changed or canceled without a thirty (30) days’ notice to the Contracting Officer. Offerors are encouraged to ensure they have the applicable insurance coverage and it is current and up to date prior to submitting their offer.

O. INVOICING:

An itemized invoice is required. Contractor will invoice in the arrears after each month. Invoices must be submitted electronically via the VA’s Tungsten Network.

https://www.fsc.va.gov/einvoice.asp

The VA has established and shall maintain a record keeping system for verification of actual hours worked by the Contractor’s employees. Contractor’s employees shall be required to sign the record, which shall be used to audit/match Contractor’s invoice. Records such as time and attendance logs shall be used to verify contractor's performance. This procedure is mandatory and will be strictly enforced.

P. SECURITY AND PRIVACY REQUIREMENTS:

Guards will have no access to the VA network, police information systems or patient information. The Certification & Accreditation requirements of VHA Handbook 6500.6 does not apply to this requirement; therefore, a Security Accreditation Package is not required.

Contractor employees must successfully undergo the VA’s Tier 1 (formerly NACI) Background Investigation and Special Agency Check (SAC), which is a fingerprint screen. Contractor employees can be electronically fingerprinted at the VASNHS Medical Center located in North Las Vegas.

The contractor shall provide the following completed documents to the COR for each employee:

- OF 306 – Declaration for Federal Employment

- VA Form 0710 – Authorization for Release of Information

- Self-Certification of Continuous Service Form Contractor employees shall be eligible for the VA issued contractor Badge upon successful adjudication of the SAC. If a selectee is found unsuitable, the Suitability Specialist will notify the Contracting Officer, VASNHS Chief of Police and the COR of the findings.

Q. INFORMATION SECURITY:

The Contractor(s) will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

The Contractor will not have access to protected Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

R. VA SENSITIVE INFORMATION & DATA SECURITY REQUIREMENTS:

Any security violations or suspected violations shall be immediately reported to the COR who will notify the assigned Information Security Officer (ISO).

S. POLICIES AND REGULATIONS:

The VA’s Policies and Regulations are confidential in nature and cannot be released outside of official VA channels. The Police Training Section will provide the Contractor’s employees with training on VA’s Policies and Regulations during the 8 hours of Minimum Government Furnished Training/Orientation.

T. RECORDS MANAGEMENT:

Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chapters. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

VASNHS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VASNHS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VASNHS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government's behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Central Arkansas Veterans Healthcare system control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VASNHS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

Any security violations or suspected violations shall be immediately reported to the COR who will notify the assigned Information Security Officer (ISO).

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA Southern Nevada Healthcare System policy.

The Contractor shall not create or maintain any records containing any non-public VASNHS information that are not specifically tied to or authorized by the contract.

The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

U. VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors:

Contractor employees who work in or travel to VHA locations must comply with the following:

Documentation requirements:

If fully vaccinated, shall show proof of vaccination NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination

If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool. Regularly check the website for updates.

Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

For indefinite delivery contracts: Contractor agrees to comply with FAR 52.232-99 and VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

SECTION C - CONTRACT CLAUSES

C.1 FSS RFQ INTRODUCTORY LANGUAGE

The terms and conditions of the contractor's FSS contract (including any contract modifications) apply to all Blanket Purchase Agreements (BPA) and task or delivery orders issued under the contract as a result of this RFQ. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the BPA or task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the FSS contract. Any unique terms and conditions of a BPA or order issued under the contract that are not a part of the applicable FSS contract will govern. In the event of an inconsistency between the terms and conditions of a BPA or task/delivery order and the Contractor's FSS terms, other than those identified above, the terms of the FSS contract will take precedence.

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before contract expiration.

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.5 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. The Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:________________________________________ Printed Title of Signee:_________________________________________ Signature:___________________________________________________ Date:_____________________ Company Name and Address:________________________________________ (End of Clause)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: WD-15-5593-Clark.

See attached document: WD-15-5599.

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SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions,…