36C26124Q0044 - Valet Parking Services-DRAFT.docx

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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-3951

36C26124Q0044 James Postell | james.postell@va.gov

702.791.9000 x18936

4PM

PDT

00261 Department of Veterans Affairs Network Co VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas NV 89086 X X 812930 $47 Million 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

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page The requirement is for Valet Parking Services at the VA Southern Nevada Healthcare System.

Offerors must be registered and "Verified" as an SDVOSB concern in https://veterans.certify.sba.gov/ on the date quotes are due and at time of award.

Offerors shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212-2, and their addendums included in this solicitation. Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for award.

Submit all questions and quotes electronically to:

james.postell@va.gov and jennifer.sarraga@va.gov by October 11, and October 16, 2023 respectively

NLT 4PM PDT.

See CONTINUATION Page X x Jennifer Sarraga 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 Jennifer Sarraga Department of Veterans Affairs 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.

All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. VA's Electronic Invoice Presentment and Payment System - The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to register and begin submitting electronic invoices, free of charge. The Department of Veterans Affairs Tungsten Number is: AAA544240062 (this allows you to file invoices online for free.)

More information on the VA Financial Services Center is available at: http://www.fsc.va.gov/einvoice.asp

Vendor e-Invoice Set-Up Information:

If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Valet Parking Services for VA Medical Center locations included: East, West, and Emergency Department.

Contract Period: Base POP Begin: 11-01-2023 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 812930 - Parking Lots and Garages PRODUCT/SERVICE CODE: M1LZ - Operation of Parking Facilities MANUFACTURER PART NUMBER (MPN): none

Valet Parking Services for VA Medical Center locations

Contract Period: Option 1 POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 812930 - Parking Lots and Garages

Valet Parking Services for VA Medical Center locations

Contract Period: Option 2 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 812930 - Parking Lots and Garages

Valet Parking Services for VA Medical Center locations

Contract Period: Option 3 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 812930 - Parking Lots and Garages

Valet Parking Services for VA Medical Center locations

Contract Period: Option 4 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 812930 - Parking Lots and Garages

Performance Work Statement VA Southern Nevada Healthcare System 6900 North Pecos Road, North Las Vegas, NV 89086

1. CONTRACT TITLE: Valet Parking Services for the VA Medical Center

2. REQUIREMENTS/SCOPE

1.1 VA Southern Nevada Healthcare System (VASNHS) has a requirement for Valet Parking Services to alleviate the parking problems experienced by our Veteran patients at the facility. The contractor shall provide all resources necessary to accomplish the services described in the performance work statement (PWS), except as may otherwise be specified.

1.2 Parking volume averages 150 – 450 cars per day. The amount of available parking spaces any given day is limited. A dedicated area for parking will be provided for valet service use. Additionally, a limited number of waiting vehicles/pickup spaces will be located near the valet drop off areas.

DEFINITIONS:

(a) “Valet Parking” - Refers to all services performed by the Contractor under this agreement. Customers are greeted by valet parking attendants, and the keys to customer vehicles are delivered to the attendant (except for those vehicles the Contractor deems appropriate for self-parking).

(b) "Contractor”: - Contractor refers to the valet parking Contractor, offeror or vendor providing services under this agreement.

(c) “CO” - Contracting Officer

(d) “COR” Contracting Officer's Representative – Limited authority

(e) “AOD” - Administrative Officer of the Day

(f) “VASNHS” Department of Veterans Affairs Southern Nevada Healthcare System

(g) “FAR”- Federal Acquisition Regulations

(h) “VAAR”- VA Acquisition Regulation

3. PERIOD OF PERFORMANCE/SCHEDULE:

A. The POP for this contract shall be: See Price/Cost Schedule

B. Normal daytime working hours will be adhered to. Normal daytime work hours are 0730 to 1700 Monday through Friday. If the contractor wishes to work at nighttime or during other unscheduled times, they must first get permission from the Contracting Officer.

3.0 GOVERNMENT FURNISHED

3.1 The VASNHS will provide orientation and training on VA policies and procedures. All parking attendants will be required to attend a facility orientation program on safety, health and emergency procedures. This training will be scheduled at kick off meeting on a mutually agreeable date. VA specific training and orientation must be completed by each employee after award and prior to commencement of any work.

3.2 A dedicated area for valet parking will be available for valet service parking. The Government shall provide a parking area for the contractors use for providing this service. Said parking shall be located on VA property up to .5 miles away from the valet drop off area and may be paved and or graveled surface.

An area will be designated for the contractor. The Graph below shows number of designated valet parking spaces per hospital entrances. Figure 1 below displays a map of the VA Medical Center’s parking lot. The contractor will notify the COR by phone or in person of the need for additional spaces when only ten spaces remain available. Additional designated areas will be identified for permanent use if required based on demand. If the contractor runs out of identified spaces, the contractor will not be held accountable as long as proper notification was provided to the government.

Figure 1. VA Parking Lot

4.0 REQUIREMENT

4.1The Contractor shall supply equipment and staff for valet service at the Main entrances to the VASNHS main hospital building 1. Government shall work with the contractor to establish the designated areas for the contractor-provided booths for the valet parking operation at the main entrance of the VASNHS. The booth will only be required to be monitored throughout the workday by contractor staff

4.2 The Contractor shall park and/or assist in parking for Veteran patients only, five days per week. The service shall include assisting patients and their families who request this front door service, assisting with wheelchairs and other devices in and out of cars, escort patients inside, and parking of automobiles to include vehicles with adaptive equipment.

4.3 The Government shall provide wheelchairs to transport patients to the clinics. The Contractor shall deliver these wheelchairs, upon patient’s or caretaker’s request, to the patient to facilitate patient’s travel from the car in the valet greeting area to the appointment and back to the car in the valet greeting area.

4.3.1 The contractor shall provide only the minimal physical assistance necessary to help patients enter and exit a vehicle and shall only do so at the patient’s request. Under no circumstances shall the contractor lift the patient. The Contractor shall deliver these wheelchairs upon patient or caretaker request to the patient to facilitate patient travel from the car in the valet greeting area to the appointment and back to the car in the valet greeting area. The contractor will not escort patients between the valet greeting area and the hospital/facility. All wheelchairs used will be noted on the contractor ticket for accountability. No clinical or emergency care shall be given by the contractor – in an instance of medical emergency or in the event that complex physical assistance is needed, the contract supervisor shall notify the VA Police, VA Emergency Room Personnel or local Community Emergency Personnel, depending on location of emergency.

4.4 The contractor shall greet every vehicle excluding ambulances, VA transportation vans, taxis, and other commercial vehicles of Vendors conducting business at the VASNHS. The greeter shall ask the driver for an appointment letter or VA Patient Identification card and the estimated time of departure. A claim check will be given to the driver. Before leaving the greeting area, the contractor shall thoroughly inspect outside of the vehicle. After parking the car, the attendant will write the vehicle description, location and other pertinent information on a card to aid in locating the vehicle when the customer requests it.

4.4.1 The Contractor may decline to park the following types of vehicles and shall instead direct the drivers of such vehicles to self-park in non-valet parking areas on the VA campus:

(a) Vehicles modified to accommodate a specific disability for the driver which cannot be operated without additional training.

(b) Vehicles which lack a functional seat belt or are otherwise unsafe to drive.

(c) Vehicles which do not have fully functioning doors, windows, or locks.

(d) Shall not provide service to those that cannot provide the required documentation as indicated in paragraph 4.4.

(e) No new vehicles shall be valet parked between the hours of 4:00pm and 5:00 pm. This timeframe shall be used for retrieving previously valet parked vehicles only.

4.5 The Contractor shall provide lockable key cabinet(s), a 3-part claim check, safety cones, operational supplies, and other miscellaneous items necessary to facilitate valet parking, all to be located in the contractor-provided valet booths.

4.6 At the beginning of each new day of performance, the Contract Supervisor may pick up any remaining keys from the VA police and will allow retrieval following standard procedures. When keys are dropped off to the VA police, the contractor will submit a chain of custody form (provided by contractor) that includes the number of keys being dropped off and the associated valet ID numbers. No double-parking, parking outside of striped areas, or other congestion of patient vehicles shall be left overnight and/or for patient recovery.

4.7 The contractor shall provide several signs in the valet greeting area:

(a) The first are general valet parking signs that will be set-up each morning of operation and remove at the end of each day. These signs are to emphasize a policy of “NO TIPPING”. The “NO TIPPING” sign will be double-sided (meaning, it will be seen from the front and back of the sign). Acceptance of tips – monetary or otherwise – by contract staff will result in an automatic failure of this standard and disciplinary action. The contractor staff will also be required to relinquish the tip. These signs will also include the valet hours.

(b) The second set of signs will indicate that an appointment letter or VA Patient Identification card is required for service. Handwritten signs are not permitted.

(c) The third set of signs will indicate “Insurance Liability” signs for vehicle damage claim process.

All signage content and placement shall be subject to review and approval by the COR. No signage with excessively large or prominent company logos will be accepted. Additionally, no sign may insinuate or otherwise imply that the contract staff personnel are VA employees (i.e., no VA logos on contractor’s signage).

4.8 At 5:00 pm, the parking attendants shall move any remaining vehicles to designated location, turning over keys and associated tickets to the VA police. Contractor shall provide an inventory log of all remaining vehicles and associated ticket numbers to Voluntary Service and the VA Police daily. Owners of these vehicles will be directed to pick up their keys from the VA police. The Contractor shall furnish a sign explaining this procedure.

4.9 The contractor shall provide their own transportation to shuttle their employees to and from the parking areas which may be up to .5 miles from the valet check in area. Valet staff shall obtain a parking sticker from the VASNHS Police and may park in any employee parking area.

4.10 Contractor employees must be able to direct patients to the entrances and the volunteer stations inside. Contractor employees must keep the work area clean and always appear ready for work even though no customers are present.

4.11 The contractor shall provide appropriate ropes, chains or physical barriers, etc. to indicate VALET ONLY parking. All items shall be subject to review and approval by the COR. These barriers may need to be removed temporarily by the contractor at the request of the government.

5.0 RESPONSIBILITIES

5.1 The Contractor shall be completely liable and responsible for providing patients with a valet claim check, securing keys, parking, delivering, and directing certain valet vehicles to and from the valet greeting area.

5.2 The contractor shall staff the valet and assisted parking operation with an appropriate number of employees as required to ensuring an efficient and safe operation.

5.2.1 An efficient operation is defined as:

(a) No vehicle waits more than 10 minutes to be valet-parked, nor more than 10 minutes to be retrieved, 95% of the time. The 10-minute period begins for parking as soon as the vehicle queues itself into the Valet staging area, and performance is complete when the vehicle has been processed and driven out of the queue area by the contractor. The 10-minute retrieval period begins as soon as the patient queues themselves into the retrieval line and is complete as soon the patient is presented their idling vehicle.

(b) The COR will audit the turnaround time (TAT) to assure contractor compliance. The Contractor’s ability to manage the traffic flow will be periodically audited to assure that the contractor is putting the Veteran first and is providing a safe and efficient operation.

5.3 A greeter who is required to be at the booth at all times during normal operations should not be included in the staffing for parking vehicles. Any increase in the number of valet parking personnel necessary to meet the 10-minute requirement shall be provided at no additional cost to the Government.

5.4 Claims of damage or missing/stolen property involving customer’s vehicles shall be the responsibility of the Contractor. The VA assumes no responsibility for any damage to patron’s vehicles caused during the performance of the Contractor’s services or for any such claims. Claims shall be reported to the COR within 24 hours of occurrence. All vehicle accidents or theft claims shall be immediately reported to the COR and VA Police.

5.5 All parking attendants shall be trained in providing excellent customer service demonstrating courtesy, kindness, and caring. Contractor employees shall be neat and clean in appearance. A pleasant demeanor and courteousness is required at all times. Good hygiene practice shall be enforced by the Contractor, including a professional appearance in dress and hairstyle.

5.6 The Contractor’s regular uniform is acceptable, it shall clearly identify the company and the occupation is easily understood (Contract Valet Parking Services).

5.7 Contractor staff shall possess a thorough understanding of written and spoken English and shall not be permitted to use slang or non-English within earshot of customers.

5.8. Contract staff may also not utilize clothing, signs, or any other item that conveys support for a particular political party or figure, union, or other personal statement.

5.9 Contractor staff shall be able to handle all normal transmission types, read all standard speedometers, and operate all of the aspects of commercially available vehicles.

5.10 The Contractor shall always provide adequate on-site supervision in order to handle customer concerns and parking incidents. The Contractor does all recruiting, hiring, training, and supervising.

5.11 The Contractor will comply with all VASHNS campus driving regulations including obeying speed limits.

6.0 SPECIAL CIRCUMSTANCES

6.1 Construction projects are on-going, may impact the valet parking operation during the term of the contract. The contractor is expected to work with VA staff to modify operations in consideration these projects, continuing to provide services within the guidelines of the contract.

6.2 There may be special events at the VASNHS on some Federal holidays and the contractor may be required to provide limited hours of operation on those days. The VASNHS will give the contractor a minimum of one-week advance notice of such events; and this would be an additional contractual requirement.

7.0 REPORTS

7.1 The Contractor shall submit monthly reports to the COR within 5 days of month's end. Reports to the COR shall be hand-delivered to COR. However, a copy of the reports may be faxed or scanned and provided via email. The reports shall be legible and easy to understand. Reports shall be signed by the Supervisor and/or authorized representative of the Contractor.

7.2 The reports shall include, but are not limited to, the following: 1) summary of the number of vehicles valet parked by date; 2) a final summary sheet which includes the total number of vehicles; 3) any unusual events, by date. This shall include any accidents or special situations with patients, visitors, VA employees, or VA volunteers; and 4) reports or incidences in which the assistance of the VA Police were requested. Failure to provide this report as required may result in delay of payment to the Contractor. Contractor will provide a sample of the types of report forms used on similar projects for approval at the kickoff meeting.

7.3 Records of assisted parking activity shall be maintained on daily basis. This information will provide documentation into appropriate staffing levels, as well as serve as a mechanism to adjust the service to meet customer demand and to reduce cost if possible.

8.0 PERFORMANCE STANDARDS SUMMARY

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

Performance Threshold

The Contractor shall adhere to requirements in accordance with (IAW) Performance Work Statement (PWS) Section 4.0

The Contractor successfully performs the required services throughout the period of performance

Periodic surveillances will be conducted on a scheduled basis (daily, weekly, monthly, quarterly, semi-annual, or annually) and may be adjusted, based on quality trends.

Incentive: favorable contractor performance evaluation.

Disincentive:

A Contract Discrepancy Report (CDR) will be issued on the first instance of failure to provide the acceptable level of service Five or more issued CDRs may result in reduction of the monthly invoice of 5%.

The Contractor shall adhere to Responsibilities IAW PWS Section 5.0

Disincentive:

A Contract Discrepancy Report (CDR) will be issued on the first instance of failure to provide the acceptable level of service

The Contractor shall adhere to Special Circumstances IAW PWS Section 6.0

Disincentive:

A Contract Discrepancy Report (CDR) will be issued on the first instance of failure to provide the acceptable level of service

The Contractor shall adhere Reports IAW PWS Section 7.0

Disincentive:

A Contract Discrepancy Report (CDR) will be issued on the first instance of failure to provide the acceptable level of service

B.4 SPECIAL CONTRACT REQUIREMENTS

1.0 WORK HOURS/HOLIDAYS:

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on a Federal Holiday or during off duty hours as described below.

1.1 The following terms have the following meanings:

1.1.1 Normal working hours: Monday through Friday, 7:00 a.m. – 5:00 p.m., excluding federal holidays.

1.1.2 Federal Holidays: The 11 holidays observed by the Federal Government are:

Independence Day

Any other day specifically declared by the President of the United States to be a federal holiday.

When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

2.0 SECURITY REQUIREMENTS:

2.1 A full background check is not required for this position; however, all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements

2.2 Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their Contractor-owned or privately-owned vehicle while on VASNHS property.

2.3 Contractor personnel shall report to an appropriate authority any information or circumstances of which they are aware which may pose a threat to the security of VASNHS’s patients, employees, or contractor personnel.

3.0 CONTRACTOR’S PERSONNEL: The parties agree that the Contractor’s personnel working as a result of this contract shall not be considered VA employees for any purpose and shall be considered employees of the contractor. The Contractor shall be responsible for providing:

(a) Workers Compensation.

(b) Professional liability insurance.

(c) Health examinations.

(d) Income tax withholding, and,

(e) Social Security payments.

4.0 SERVICE CONTRACT ACT:

The resulting contract shall be subject to the Service Contract Act of 1965 (as amended). Service employees performing under this contract shall be paid NO less than the wages as indicated in the applicable Wage Determination incorporated herein.

5.0 OVERTIME AND HOLIDAYS:

Any overtime and/or holiday pay that may be entitled to the personnel performing under this contract shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

6.0 INSURANCE LIABILITY: 6.1 Workers Compensation and Employer’s Liability: The Contractor is required to comply with applicable Federal and State worker's compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $1,000,000 shall be required.

6.2 General Liability:

6.2.1 The Contractor is required to maintain bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

6.2.2 The Contractor will be responsible for all damage to property, which may be caused by him, or any employee engaged in the performance of this contract.

6.3 Automobile Liability: The Contractor is required to maintain automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the U.S. shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

6.4 Before commencing work under this contract, the Contracting Officer may require the Contractor to furnish certification from his insurance company indicating that the coverage outlined in paragraphs (A) and (B) and (C) has been obtained and that it may not be changed or canceled without a guaranteed thirty (30) days’ notice to the Contracting Officer. The Contracting Officer may waive the requirement if it is determined that insurance certifications now on file are acceptable, however, new certifications shall be furnished prior to the expiration date.

7.0 CONTRACTOR POINT OF CONTACT:

The Contractor shall designate one (1) employee as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act for Contractor on all matters relating to the daily performance of this contract. An alternate may be designated, but the Contractor shall notify the Contracting Officer and COR in writing those times when the alternate shall act as the POC. The Contractor shall provide the name and telephone number of the person designated as Point of Contact and Alternate on the space below:

The POC shall be available by telephone Monday through Friday, between 8:00 a.m. and 4:30 p.m. excluding federal holidays.

* The parties agree that the Contractor’s personnel including POC and subcontractors performing under this contract shall not be considered VA employees for any purpose. They all shall be considered employees of the Contractor.

8.0 GENERAL POLICY

8.1 No food, beverages, cigarettes, or outside debris may be brought into, consumed in, or left in patient vehicles.

8.2 Cell phones shall not be used while the valet attendants are inside of valet vehicles or VA buildings. However, cell phone use can be allowed when appropriate to conducting business related to valet operations and following VA and the Contractor policies.

8.3 Smoking is permitted in designated smoking areas only. Other than in designated smoking areas, smoking is not permitted on the VA hospital campus or in customer vehicles.

8.4 The VASNHS is a drug-free workplace. Any contract employee appearing under the influence of a controlled substance will be asked to leave the VASNHS immediately. The Contractor will be notified immediately of the removal and reason for the removal. The Contractor agrees to terminate immediately an employee who, at the sole discretion of the VA, poses a risk to the health or safety of a patient requiring services. Contractor shall be completely responsible for all actions of their employees.

9.0 TRAINING

All contracted parking attendants must possess and maintain a valid Driver’s License and be legal residents or US Citizens and be fluent in the English language. The contractor must provide a written plan identifying the extent the employee training for safety and customer service. Access to any required VA training will be provided by the VA prior to contract performance.

10.0 KEY PERSONNEL

The Contractor or designated qualified personnel, such as a Project Manager or Supervisor and any substitute(s), shall effectively communicate with all Government and non-government personnel and shall have full authority to act for the contractor on all contractual matters relating to the daily performance of the contract; and, to receive, accept and sign for any notices, inspection reports and all other correspondence on behalf of the contractor from the COR/CO. This individual shall serve as the central point of contact for the Government and shall oversee the collection operations and monitor and ensure all work is performed in accordance with the contract and shall maintain the work specification requirements, scheduling, inspections, and safety standards. This individual shall be available at all times when the contract work is in progress, if needed and shall have the ability to respond to the site, when needed, to monitor work progress and for any other emergency, as required. The Contractor or designated qualified personnel shall return calls to the COR within 1 hour of being contacted. This individual shall provide the COR his/her cellular phone or a beeper to be reached during normal workday hours.

The contractor shall notify the CO/COR within fifteen (15) business days prior to any change in key personnel.

11.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR shall be identified by the Contracting Officer after contract award. The COR shall be the Contractor’s primary point-of-contact and will have limited authority in relation to the contract – identified in his/her Delegation of Authority. A copy of the COR’s Delegation of Authority will be provided to the Contractor after all required signatures have been obtained.

12. RECORDS MANAGEMENT LANGUAGE

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, the 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.

The VA Southern Nevada Healthcare System (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, the 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 (CO) 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 documents. 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 VASNHS 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 CO or address prescribed in the contract documents. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The contractor is required to obtain the CO'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.

The contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VASNHS 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 FOIA.

Training. All contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

Flowdown of requirements to Subcontractors:

The contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract document, and require written subcontractor acknowledgment of same.

36C26124Q0044 Violation by a subcontractor of any provision set forth in this clause will be attributed to the contractor.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount…