36C26219R0060-004.docx

36C26219R0060

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.

DUNS:

DUNS+4

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

691-19-2-829-0030 36C26219R0060 05-23-2019 Lee Tanner

(562) 766-2206 06-10-2019

10:00AM

(PDT)

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X X 485991 $15 Million X N/A X Department of Veterans Affairs 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Contractor shall bill in arrears to:

Tungsten Network http://www.tungsten-network.com/us/ Bus Transportation Services for VA Greater Los Angeles System Set-aside for Service Disabled Veteran Owned Small Business This is a request for proposal (RFP).

All proposals shall be submitted (PDF files only) via email to Contract Specialist Lee Tanner at lee.tanner@va.gov

X X X Sandra L. Fusco Table of Contents

SECTION B - CONTRACT ADMINISTRATION DATA

B.1 CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

b. GOVERNMENT: Department of Veterans Affairs VISN 22 - Network Contracting Office (36C262) Lee Tanner, Contract Specialist 4811 Airport Plaza Drive, Suite 600 Long Beach, CA 90815

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

[X] 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management, or

3. INVOICES: Invoices shall be submitted in arrears:

a. Monthly [X]

4. GOVERNMENT INVOICE INFORMATION: All invoices from the contractor shall be submitted electronically via the Tungsten-Network system to the following address:

Department of Veterans Affairs Financial Services Center http://www.tungsten-network.com

5. INVOICE REQUIREMENTS: The invoice shall be itemized to include the following:

a. The Contractor shall utilize the Schedule of Services and Price for all orders and invoices.

Monthly invoices shall be submitted to the VA no later than 10 days past the last day of the billing period. Invoices not submitted electronically will NOT be processed for payment.

Please make sure to cite obligation and contract numbers on all invoices. Contractor may contact (877) 489-6135 for invoice inquiries. Incomplete and incorrect invoices shall be returned for correction.

6. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER:

In accordance with FAR Provision 52.212-1 paragraph (j), please provide the Dun and Bradstreet Number assigned to your firm in the space provided below:

DUNS# ___ ___ ___ - ___ ___ ___ - ___ ___ ___

B.2 SCHEDULE OF SERVICES AND PRICE

This is a Fixed-Price contract to provide Bus Transportation Services for the Department of Veterans Affairs Greater Los Angeles Healthcare System.

The contract period shall be for one (1) base year, with the Government having the option to exercise four (4) one-year option periods.

Note: The total service rate for the period will be determined by multiplying the daily rate, by the number of service days per period.

Base Year – July 1, 2019 – June 30, 2020

Route #1

Route #1: Sub-Total

Route #2

Route #2: Sub-Total

Base Year Total

Option Year 1 – July 01, 2020 – June 30, 2021

Route #1

Route #2

Option Year 1 Total

Option Year 2 – July 01, 2021 – June 30, 2022

Route #1

Route #2

Option Year 2 Total

Option Year 3 – July 01, 2022 – June 30, 2023

Route #1

Route #2

Option Year 3 Total

Option Year 4 – July 01, 2023 – June 30, 2024

Route #1

Route #2

Option Year 4 Total

PRICE TOTAL SUMMARY

Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

TOTAL AGGERATE COST FOR BASE PLUS FOUR (4) OPTION YEARS

B.3 DESCRIPTION/SPECIFICATIONS/WORK STATEMENT AND REQUIREMENTS

1. GENERAL PROCEDURE:

The Contractor shall provide Bus Transportation Services for Veterans and Caregivers per the established routes in this statement of work (SOW), in support of the VA Greater Los Angeles Healthcare System (VAGLAHS).

The Contractor shall provide all personnel, supervision, transportation services, vehicles, vehicle maintenance, fuel, supplies, insurance, training, route updates and equipment necessary to safely transport authorized Veterans’ and Caregivers to and from the Veteran’s verified appointments.

The safety and security of the passengers is of the highest priority in the performance of these contract services.

2. ROUTES:

The Contractor shall be responsible for completing the following two (2) routes each business day:

(a) Route #1: Bakersfield (see route table for times and scheduled stops)

(b) Route #2: San Luis Obispo (see route table for times and scheduled stops)

The Contractor shall not deviate from these routes and schedules unless authorized in writing (e.g. email) from the Contracting Officer (CO), Contracting Officer Representative (COR), or Transportation Manager. In the event of a natural disaster, storm, road closure, or any uncontrollable traffic related event, the Contractor shall provide an alternate route in writing to the COR for further dissemination and shall continue transportation services for all patients to and/or from the original destination. The contractor shall meet the following additional requirements:

(a) The driver shall step outside of the bus and make an announcement five (5) minutes prior to departing each location.

(b) The Contractor shall remain in compliance with the State of California Vehicle Code 34501.2 and CCR 1212, which places limits on the number of hours a bus driver may drive.

(c) The Contractor shall use two (2) drivers for Route #2 San Luis Obispo. The second driver shall board the bus on the return route and complete Route #2 each day. The Contractor shall inform the COR of the change in drivers each day.

(d) Transportation shall include vehicles with the capacity to provide transportation for up to forty-four (44) seated passengers, a minimum of two (2) wheelchair passengers and bathroom facilities.

(e) Driver Breaks: All vehicles shall be locked and closed (no patients or caregivers shall be aboard or allowed to remain on board) during driver’s lunch and break times. The driver’s fifteen (15) minute break time shall be between 9:15a.m. through 9:30a.m. (morning break) and 3:10p.m. through 3:25p.m. (afternoon break).

ROUTE# 1 (Bakersfield): The Contractor shall provide transportation for authorized Veterans’ and their Caregivers per the stops and times indicated below:

VA Bakersfield Community Based Outpatient Clinic Ambulatory Care Center (BACC)

North Hills, CA

Los Angeles, CA

North Hills, CA

Driver Lunch

Los Angeles, CA.

VA Bakersfield Community Based Outpatient Clinic Ambulatory Care Center (BACC)

NOTE: * Patients who may have not been scheduled for pick-up may be allowed to be transported (RETURN TRIP ONLY), if there are available seats on the bus and ONLY if authorized and verified by the COR.

ROUTE# 2: The Contractor shall provide transportation for authorized Veterans’ and their Caregivers per the stops and times indicated below:

San Luis Obispo, CA

Santa Maria, CA

Santa Barbara, CA

Oxnard, CA 93033

Los Angeles, CA

VA Sepulveda Ambulatory Care Center (SACC) 16111 Plummer St.

North Hills, CA

Driver Lunch

Los Angeles, CA

Oxnard, CA 93033

Santa Barbara, CA

Santa Maria, CA

San Luis Obispo, CA 8:00 p.m.

NOTE: * Patients who may have not been scheduled for pick-up may be allowed to be transported (RETURN TRIP ONLY), if there are available seats on the bus and ONLY if authorized and verified by the COR.

3. BUS REQUIREMENTS:

The Contractor shall ensure that all bus vehicles are no more than five (5) years old and have no more than 250,000 miles placed on the vehicle per year. Additionally:

1. Vehicles shall be designed as a 44-passenger motor coach with two (2) wheelchair tie-downs.

1. Each vehicle shall be equipped with WI-FI.

1. Each vehicle shall be equipped with a wheelchair lift or ramp.

1. Each wheelchair space shall be functional for up to two wheelchair tie downs with lap and shoulder belts for each wheelchair station.

1. Each vehicle shall have a functional and maintained bathroom.

1. Bus storage (under bus) shall accommodate storage for items for forty-four (44) passengers.

1. Each vehicle shall be equipped with functioning heaters, air conditioners, seatbelts, and wheelchair tie downs.

1. Buses shall meet and be maintained according to Department of Transportation Standard 49 CFR Part 393.

4. ADDITIONAL TRANSPORTATION REQUIREMENTS:

1. Back-up buses shall meet the same requirements as the primary buses.

1. In the event of an emergency situation where a back-up bus will be required, the Driver shall notify the Contractor’s Contract Manager and the COR immediately. The Contract Manager shall ensure the back-up bus arrives to transport patients within 1-hour and notify the COR of the Contractor’s plan of action and replacement bus status.

1. Buses shall contain and/or provide, as a minimum, the following:

1. Wheelchair loading platform shall be integral to the vehicle and made of thirteen (13) gauge steel. Platforms shall have raised edges, counter balanced, self-adjusting to curbs and sidewalks, and self-storing. When the platform is not in use, it shall be secured and not block the vision of the driver or inconvenience the passengers.

1. Driver shall clamp cleats or belts to firmly anchor wheelchairs and prevent movement in any direction.

1. Steps treated with non-skid material.

1. Emergency flares and warning lights.

1. Front and rear heat and air conditioning with adjustable temperature control. Heating and air conditioning systems must be sufficient to insure comfort throughout the vehicle.

1. One (1), five (5) pound ABC rated fire extinguisher with fire extinguisher tag showing record of current inspection.

1. First aid kit with band aids, gauze, bandages, sterile gauze pads, triangular bandages, cleansing wipes, tape, scissors, eye pads, and ammonia inhalants. All items shall be packed in sterile containers.

1. Operational two-way radio, cell phone, or other communication device capable of contacting Contractor's dispatch office and Contract Manager.

1. Destination sign identifying where the shuttle is going. The bus schedule shall be posted on the bus and updated monthly.

1. The bus vehicles shall be equipped with the following:

(1) High back recliner seats with adjustable arm rests.

(2) Individual seat belts for each seat.

(3) Seats rows in the bus shall be at least 12 inches apart. The actual seat dimensions shall be at least 18 inches across and 17 ¾ from back to front.

1. Vehicles shall be registered in the state of California with California Department of Transportation.

5. PATIENT TRANSPORTATION REQUIREMENTS:

1. Patients in a manual wheelchair may transfer to a seat on the bus. The wheel chairs utilized by Patients transferring into regular seats shall be folded and placed under the bus by the Driver. Patients in electric wheelchairs or scooters may transfer to a seat, if there is room. However, they must be loaded and unloaded in their wheelchairs from the lift/ramp and the wheelchair shall be secured on the bus, and not placed under the bus. Drivers are to transport no more than two (2) electric wheelchairs or scooters per trip.

1. The Driver shall ensure that all patients who were picked up at any route stop and dropped off at the West Los Angeles and/or Sepulveda campuses are subsequently picked up for the return trip unless confirmed with the COR or delegate that the patient is being admitted to the hospital, staying at the Patriot House, or has other plans for transportation.

1. Ten (10) minutes prior to departure for the buses to return to place of origin, the driver shall contact the COR if any patients cannot be located. If the Patient cannot be located by the COR, the COR and the Driver shall inform the Administrative Officer of the Day (AOD) at ext. 40501 (VAGLAHS).

1. Only the AOD may give permission to the driver to leave the Patient and the AOD shall provide alternative transportation or overnight arrangements for the Patient when required. The Contractor shall follow incident reporting procedures. The COR shall ensure the AOD follows this action up with an email for dissemination.

1. The Driver shall not leave prior to the time on the posted schedule. Departure times shall be based on pacific daylight time (PDT). The driver shall request an announcement be made by the information Desk or Escort Office to announce all bus departures.

1. Authorized Travelers: VAGLAHS shall provide the Contractor a daily transportation log of all authorized Veterans’ and their Caregivers twenty-four hours prior to departure. The Driver shall keep a daily transportation log indicating whether the rider is Patient or Caregiver and if they are returning to the place of origin.

1. Only Veterans with an appointment and or confirmed reservation shall be permitted to ride the bus. If the Veteran does not have an appointment and a reservation is not listed on the VA provided daily transportation log, the driver shall not allow the person(s) on board.

1. Veterans may have a family member as an escort if the escort is identified on the list provided by the VA Medical staff. Each Veteran may have only one escort. Children under the age of 16 may not be an escort or allowed to ride on the bus.

1. The Driver may transport a therapy or service animal if space is available. If an animal displays aggressive behavior, the Driver can refuse the therapy animal with the COR’s approval.

1. All new drivers shall contact the Mobility Manager via phone or in person to receive a brief orientation of the route. Drivers are to primarily take direction regarding the route locations from Mobility Manager or his/her designees. There shall be no deviation from the route locations and scheduled times unless directed in writing by the Contracting Officer (CO) or COR.

1. Patient Illness: If a patient becomes extremely ill during transport or expresses to the driver that they are too sick to continue; the driver shall immediately pull over and call 911. Secondly, the driver shall contact VAGLAHS via the Mobility Manager and explain the event, or situation. The Driver shall provide the Patient’s name, last four of the social security number and destination. This information is required so the clinic can be notified of the situation (This information is listed on the appointment/reservation list). The driver shall also ask the paramedics what hospital and/or address the patient shall be transported to.

1. Disruptive Patients: If a patient (and/or their escort) becomes disruptive while the bus is in operation, the driver shall pull over at a safe location and tell the patient (and/or their escort) to calm down or the police shall be called. The Driver is required to report the incident to the Mobility Manager, complete a report (summary of event) and the Mobility Manager shall provide the complete report to the COR within five (5) business days.

1. The Contractor shall provide the COR with the cell phone numbers of all the bus drivers that will be providing services under this contract. The COR shall utilize the Drivers cell phone numbers for emergencies purposes only (which must be kept up to date at all times).

6. BUS VEHICLE MAINTENANCE.

(a) Vehicles shall be clean, regularly maintained, and functioning as intended by the original equipment manufacturer (OEM) during the performance of this contract.

(b) Vehicles shall undergo continual preventive maintenance in accordance to DOT Standard 49 CFR Part 393.

(c) The Government reserves the right to inspect Contractor equipment and vehicles and require documentation of compliance with contract specifications. The Government reserves the right to restrict the Contractor's use of any equipment and vehicles which are determined to be in need of repair, unclean, unsafe, damaged on the interior or exterior body, and/or are not in compliance with contract specifications. The restriction of such equipment and vehicles shall not relieve the Contractor from providing all required services as defined herein.

7. ADDITIONAL REQUIREMENTS:

1. The Contractor shall be required to keep a log of all passengers, reflecting sign-in/sign-out stops for each passenger by name. The COR shall provide the Contractor a list of all Patients/Veterans authorized to for transportation. The list shall include the Patient’s/Veteran’s name, last four of the social security number and the clinic the Veteran’s appointment is located at.

1. In the event that the bus will be late, is broken down, or delayed the driver shall contact the Contract Manager and the Contract Manager shall inform the COR via telephone and email.

1. The Driver shall return the list to the Contractor Manager each day. The Contract Manager will return all list to the COR for destruction. The Contract Manager shall safe guard the appointment list and report missing or lost appointment list to the COR within twenty-four hours (24-hrs).

1. Prior to making the return trip from VAGLAHS, the driver will ensure all trash is removed and the restroom sink, and toilet are wiped clean. A blue formaldehyde product shall be used to control odors and the holding tank shall be emptied a minimum of three (3) times per week.

8. CONTRACTOR'S QUALITY’S ASSURANCE PLAN:

1. The Contractor shall provide to the Contracting Officer, a copy of the Contractor's Quality Assurance Plan. Any changes to the initial plan shall be submitted within seven (7) days before implementation to the COR and Contracting Officer for approval. This document shall identify the management concept for ensuring compliance with all contract requirements and shall include the following:

1. Contingency plan: A description of the Contractor’s plan to transport patients (including wheel chair patients) in the event the bus breaks down. This plan shall include contingencies for delays. One (1) for delays less than forty-five (45) minutes, and the second (2nd) for more than a forty-five (45) minute delay.

1. Driver absence: The Contractor shall provide a description of the Contractor’s plan to replace a driver due to absence of a scheduled driver(s).

1. Service checklist: The Contractor shall provide a detailed plan for vehicle maintenance. The Contractors plan shall list each vehicles maintenance schedule and current maintenance status.

1. Severe Weather: The Contract Manager provide a detailed plan for weather conditions that warrant a schedule change. The COR must approve any change to the schedule in advance.

1. The Contractor shall notify the COR of severe weather or hazardous driving conditions that result in cancellations or estimated delays longer than 45 minutes.

(b) Schedule Changes: Only the Contracting Officer or COR may verbally authorize a change in schedule when unforeseeable events require an adjustment in the route or schedule. When a verbal authorization is given, the Contracting Officer or COR shall initiate an email detailing the event and justification for the change within 24-hrs.

(c) The Contractor shall maintain two maintenance binders with the maintenance schedule and receipts for maintenance for each vehicle. The Contractor shall provide the second binder to the COR within 48 hours of a written request and for review every six (6) months.

(d) The Contractor shall conduct periodic safety inspections in accordance with the standards of the transportation industry. All reports shall be provided to the COR and placed in the Contractors maintenance binder.

(e) Replacement Vehicles. The Contractor shall identify all regular and replacement vehicles the Contractor intends to utilize, and the vehicle list shall be updated when vehicles are replaced. All replacement vehicles shall be a 2016 or newer model.

(f) Accident and Incident Reports: The Contractor shall identify the process that the Contractor and Contractor’s personnel shall utilize to notify the COR verbally within 10 minutes of an accident or incident occurring. The Contractor shall also identify the process that shall be used to submit a written accident or incident report to the COR by close of business the next day following an accident or incident.

(g) The Contracting Officer reserves the right, at no additional cost to the Government, to schedule weekly, monthly, or quarterly visits with the Contractor to discuss performance and concerns. The Contractor shall have at least one person attending these mandatory meetings that is able to make decisions on the Contractor’s behalf.

9. CONTRACTOR PERSONNEL:

1. The Contractor and the Contractor’s Staff shall assume responsibilities that directly affect the safety, well-being, appointments and security of VA Patients. All Contractor personnel hold a position of trust that requires maturity, stability, reliability, and good character. The Contractor shall provide personnel who are responsible, have initiated a background check with the VA, screened/vetted, trained, are properly licensed by the State of California, and are qualified to perform the required services. The Contractor’s employees are employees of the Contractor and shall not be considered VA employees for any purpose.

1. The Contractor’s Staff shall only be supervised by the Contractor and the Contractor’s Contract Manager. The Contract Manager shall communicate with the Contracting Officer or COR and all telephone calls shall be followed up with an email.

1. All drivers shall be age of 21 years or older and shall maintain neat, clean and professional appearance. Drivers shall be licensed in accordance with the State of California to include any special licensure required which is a Class B license with passenger endorsement. Contractor shall use two (2) drivers for the San Luis Obispo to VA West Los Angeles Healthcare System Route in order to be in compliance with the State of California Vehicle Code 34501.2 and CCR 1212 which places limits on the number of hours bus drivers may drive.

1. Driver shall have at least three (3) to five (5) years of experience driving a bus with a minimum of (40) passengers.

1. Drivers shall not have any DUI offenses on their driving record.

1. The Contractor shall provide conflict resolution training for each driver and provide certificate to COR within ten (10) days of after award.

1. Contractor personnel shall have the ability to communicate in English.

10. SUBCONTRACTING:

The Contractor shall obtain the Contracting Officer’s approval prior to providing or replacing a Subcontractor. If a Subcontractor is utilized the Contractor is responsible for acquiring all Subcontractors necessary to perform mission requirements, maintaining good working relationships with Subcontractors, Subcontractors’ Quality Control measures, and ensuring subcontractors are capable of meeting all requirements associated with this contract. The Contractor is responsible for all records to include the vehicle maintenance records of Subcontractors.

11. FAILURE TO PROVIDE SERVICE:

Failure to perform any of the services set forth in this contract shall be considered grounds for “Termination for Cause”. The Contractor shall give notice within 24 hours of transportation services not completed in accordance with contract requirements and specify reason for not completing the service.

12. VETERAN SATISFACTION SURVEYS:

The COR shall distribute surveys to Veterans’, using feedback as a measure of customer satisfaction. The Contractor shall monitor the transportation log information and customer surveys for timeliness and level of satisfaction with customer service. The Contractor shall respond to each report of unsatisfactory service within five (5) working days of receipt of the written report. The Contractor shall provide a written response to the COR within five (5) days. The Contractor’s written response shall address specific corrective action to remediate the reported situation and steps taken to preclude recurrence.

13. INSURANCE REQUIREMENTS:

The Contractor shall be required to have adequate insurance to cover claims related to any accidents due to inadequate performance of duty by drivers.

a. Commercial liability insurance: The Contractor shall provide evidence that they have the Commercial liability insurance coverage that is no less than $5,000,000 as required under the Federal Motor Carrier Safety Administration. The contractor shall provide a copy of the insurance certificate to the COR and Contracting Officer within 5 days of contract award.

b. Workers’ Compensation and Employers’ Liability Insurance: The Contractor is required to comply with applicable Federal and State workers’ compensation and occupational disease statues.

c. General Liability: Contractor shall maintain bodily injury liability insurance coverage written on a comprehensive form of policy that meets the requirements of the State of California.

14. HOLIDAYS:

Any holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

The Contractor is not required to provide services on the following holidays unless otherwise directed in writing by the COR. When services are required and approved in writing by the COR, pricing shall be consistent with pricing listed on the schedule of services and price.

If a holiday falls on a Sunday, the following Monday shall be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government agencies. Also included would be any day specifically declared by the President of the United States to be a national holiday.

15. INVOICING:

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 Payment Processing System (IPPS)- 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 begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at:

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

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question 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 36C26219R0060

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

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018)

(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 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 at 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 withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.