36C26219R0077-004.docx

36C26219R0077

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

36C26219R0077 Tien Nguyen 07-10-2019

10:00 AM PST

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X X 561612 $20.5 Million X N/A X Department of Veterans Affairs 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Company Name:

Address:

Phone:

DUNS:

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page See CONTINUATION Page X X Kevin Vo This requirement is being procured as a 100% set aside for Service Disabled Veteran Owned Small Businesses (SDVOSB Submission via email to Tien.Nguyen@va.gov Subject line:

36C26219 R0077 _Company Name Submission deadline:

July

2019 10:00 AM PST

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: Company Name:

b. GOVERNMENT: Department of Veterans Affairs, Network Contracting Office -22 Government POC: Tien Nguyen-Tu, Contracting Officer 4811 Airport Plaza Drive Suite 600, Long Beach, CA 90815 Email: Tien.Nguyen@va.gov

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 for services rendered:

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. The two (2) sites are:

· Tungsten Network at: https://www.tungsten-network.com/customer-campaigns/veterans-affairs/

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

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

· Financial Service Center (FSC) at: https://www.fsc.va.gov/

· 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 STATEMENT OF WORK

1. GENERAL: The Contractor shall furnish all labor, transportation, equipment, supplies, and supervision to provide security guard services (henceforth be referenced as Guards) for any VA facilities located within VA Greater Los Angeles Healthcare System (VAGLAHS).

2. TYPE OF CONTRACT: This is an Indefinite Delivery, Indefinite Quantity (IDIQ) contract based on fixed hourly rates.

3. CHANGES: Any changes to this contract shall be made in accordance with FAR 52.212-4(c) Changes. The VA anticipates that its needs for Guard services might change over time and that VA might need to add Guard services for other VA facilities located in southern California in addition to the places of performance identified in Section 4 below. The Contractor shall maintain the capability to add Guard services at additional VA facilities located in Southern California. If additional facilities are required to be added to this contract, the VA and the Contractor will follow the procedures described at contract clause FAR 52.212-4(c).

4. PARTICIPATING HEALTHCARE SYSTEM:

VA GREATER LOS ANGELES HEALTHCARE SYSTEM

11301 Wilshire Blvd.

Los Angeles, CA 90073

4.1. PLACE OF PERFORMANCES:

Site A

West Los Angeles Medical Center

11301 Wilshire Blvd.

Los Angeles, CA 90073

Comm. Based Outpatient Clinic

5. SPECIFIC TASKS: The Guards shall who will provide security guard services at their assigned posts. The Contractor shall provide Guards who perform the following tasks:

5.1. PATROL POST TASKS:

a. Physical Security: Guards shall provide physical security by patrolling assigned areas and maintaining alertness for dangerous conditions that may exist because of health and safety code violations. Violations are posted at each entrance of each building, per Title 18 and 21 of the United States Code (USC), on VA property and report dangerous conditions or unlawful activity to the VA Police. Ref: http://uscode.house.gov/download/download.shtml.

b. Post Order: Guards shall follow the procedures outlined in the VAGLAHS Post Orders available at each post and which is incorporated herein by reference. Guards shall patrol in accordance with established routes and schedules as listed for each post;

c. Entrance Control Post: Guards shall patrol the interior and exterior of the assigned facilities;

d. Traffic Control: Guards shall direct vehicle and pedestrian traffic;

e. Communication: Guard shall communicate statuses (Who, What, When, Where, How, Why) with the VA Police when dangerous conditions or unlawful activity exist;

f. Emergencies: Guards shall maintain communication with VA Police during all emergency situations (e.g. accidents, unruly patients/visitors) and assist, when necessary, with evacuating buildings, locking down buildings and crowd control.

g. Lost and Found: Guards shall turn in Lost and Found items to the Information Desk.

h. Check in/ out: Guards shall check identification, keycards, and badges for all occupants and visitors entering the building and check in/out bags and items to/from the storage cubby system.

i. Cameras: Guards shall monitor and observe surveillance cameras to ensure building occupants and visitors comply with posted rules and regulations. Guards shall call VA Police if they observe a situation that is suspicious.

j. Metal Detector Wand Screening: Guards shall conduct metal detector wand screening on individuals before they enter the Emergency Room at Site A – West Los Angeles Medical Center.

k. Enforce Smoking Areas: Guards shall ensure Veterans, employees, and visitors are only smoking in designated smoking areas.

l. Baggage Check: All backpacks, duffle bags, purses, etc. shall be checked by Guards for any contraband. Guards shall call the VA police upon the discovery of any weapons, alcohol, or drugs.

5.2. INTRUSION ALARM MONITORING SYSTEMS TASKS:

a. Guards shall monitor all alarms for intrusion into the building from outside, interior motion detectors, and entrance into the pharmacy area and agent cashiers window(s);

b. In an emergency, alarm activation, or when an alarm is not set/ disabled the Guards shall notify the designated person(s) for that location. Contact information will be at the desk post.

c. The Guards shall immediately respond to all security alarm(s), upon the first notification. Upon arrival, if there is evidence that a crime is in progress or there is evidence that a crime has taken place, the Guards shall notify local law enforcement and/or the VA Police, and the Contracting Officer Representative (COR);

d. The Guards shall inform the COR of any visible mechanical equipment malfunctions e.g., cannot be reset, disconnected wires, warnings, malfunction codes and anything that may cause the equipment not to work properly;

e. In the event of actual or suspected criminal activity or significant immediate safety concerns such as fire or explosion, the Guards will immediately notify/ call VA Police and other appropriate emergency services for assistance.

f. In all cases where police or other emergency services are requested, the Guards will also attempt to immediately contact the COR. The VA will supply the Guards with a list of contact phone numbers in case the Guards cannot contact the COR. The Guards are required to visually monitor the surroundings to ensure safety.

6. POST ORDERS: The Government will provide a copy of the Post Orders at the duty post that contains complete duty instructions for the post and includes instructions for emergency and other procedures.

The Post Orders shall not be removed or reproduced or copied in any manner unless properly authorized by the COR. The COR shall update the handbook as required. Most changes should be minor in nature and shall have no impact on the terms and conditions of this contract. In the event of major changes, the Contracting Officer shall address the issues in writing to the Contractor. Any changes that are made in the Post Orders are to be implemented immediately.

7. UNACCEPTABLE PERFORMANCE: Any instances of unacceptable performance noted by the COR or CO shall be brought to the attention of the Contractor for immediate correction. The Contracting Officer may demand, at the Contracting Officer’s sole discretion, that the Contractor remove any Guard from performing work under this contract. If such a demand is made, the Contractor shall provide a replacement Guard at the Contractor’s sole expense. Any Guards found in violation of the following will not be authorized to provide services under this contract. This list is not all-inclusive; the Contracting Officer may demand that a Guard be removed from performing work under this contract for any reason, including the reasons listed below.

· Failure to maintain license requirements for each Guard

· Failure to report for duty

· Failure to comply with post orders

· Failure to report incidents

· Physical altercation while on duty (defined as a confrontation, a physical aggression that may or may not result in injury)

· Breach of peace while on duty (defined as misbehavior by the Guard resulting in public unrest or disturbance)

· Failure to maintain and safeguard Government property from loss or damage

· Failure to have all gear and equipment while on duty

· Distributive behavior that would diminish the level of security

· Solicit or accept gratuities

8. UNIFORM: The Contractor shall provide the Guards with uniforms at no cost to Government.

8.1. UNIFORM REQUIREMENTS: The Contractor shall conform to these general uniform requirements; any deviation requires prior approval from the CO.

a. All Guards shall wear the same color and styles of uniform

b. Uniforms must be clean and neat in appearance

c. On the left shoulder, a patch indicating the identity of the Contractor, on the right breast pocket a name tag and VA badge shall be worn in a visible manner. No other identification of the Contactor or the Guard shall be worn or displayed on the uniform.

d. Guards shall have proper uniform and accessories while on duty.

e. Guards shall wear his/her hair neatly fashioned, not to extend below the collar, and avoid wearing jewelry that can be easily pulled or entangled.

f. While on duty, no sunglasses indoor shall be worn; prescription transition lens are acceptable.

8.2. APPROVED UNIFORM AND ACCESSORIES: The Contractor shall provide Guard uniforms that conform to the following requirements. No items shall be worn by a Guard that prohibits a display of the Contractors badge and the Guards name.

a. Acceptable uniform colors:

· Beige

· Brown

· Tan

· Black

· Navy Blue

· Blue

· Grey

· Forest/ Dark Green

· Any other color requires prior approval from the CO

b. Collared shirt, long sleeve

c. Collared shirt, short sleeve

d. Trousers, all seasons weight

e. Necktie (clip-on)

f. Frame style cap with seasonal covers and chin strap

g. Jacket, winter, patrol type

h. Jacket, light weight

i. Key strap with flap

j. Flashlight

k. Insignia

l. Whistle, thunder with chain attachment

m. White (non-supervisory) gold (supervisory) metal cap ornament

n. Name plate 3-1/2” x ¾”

o. Radio Case

p. Surgical / protective glove and pouch

9. REQUIRED QUALIFICATION & CERTIFICATION:

The Contractor shall provide personnel who meet the following requirements:

9.1. GUARD:

· Each Guard shall have a current security guard license during the performance of the contract.

· The license must be issued by the California Department of Consumer Affairs (DCA), Bureau of Security & Investigative Services, https://search.dca.ca.gov/.

· The name issued on the license must match the Guard’s name on a government issued identification.

· Each Guard shall have a minimum of two (2) years’ experience providing security guards services.

9.2. PROGRAM MANAGER

· The Program Manager shall have a minimum of four (4) years of management experience in physical security and patrol guard services overseeing a minimum of twenty (20) guards at one time.

9.3. ON-SITE SUPERVISOR – SITE A – WEST LOS ANGELES MEDICAL CENTER

· The On-Site Supervisor shall have a minimum of four (4) years of supervision of physical security and patrol guard services supervising a minimum of twenty (20) guards at one time.

· The On-Site Supervisor shall have a current security guard license during the performance of the contract.

· The license must be issued by the California Department of Consumer Affairs (DCA), Bureau of Security & Investigative Services, https://search.dca.ca.gov/.

· The name issued on the license must match the Guard’s name on a government issued identification.

The Contractor shall maintain a copy of the license of each Guard that performs services on this contract to demonstrate compliance with required qualification of the Guards under this contract and shall be presented upon request.

10. KEY PERSONNEL: The Program Manager and Onsite Supervisor at Site A are the key personnel for this contract. The Contractor shall provide a Program Manager who shall be responsible for the performance of the work. The Program Manager shall have full authority to act for the Contractor on all contract matters relating to the daily operation of this contract. Prior to assuming the responsibility of a post, the Contractor’s Program Manager shall ensure that the Guards are briefed and trained in the requirements of their post. The Onsite Supervisor at Site A shall be responsible for the daily operation and oversight of all activities at Site A.

PROGRAM MANAGER

Name:

Phone No.:

Mobile No.:

Email:

ON-SITE SUPERVISOR– SITE A

Name:

Phone No.:

Mobile No.:

Email:

11. TIME AND ATTENDANCE RECORD: The Time and Attendance Record is established for verification of actual hours worked for each tour. At each tour of duty, the Contractor shall ensure the Guards sign the time and attendance record; this record will be used to audit and match the Contactor’s invoice. The record shall be kept at the VA Police Department.

12. KEY CONTROL: The Contractor shall establish and implement methods to ensure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to “keys” herein also include key cards. Contractor shall not duplicate keys issued by the Government. The Contractor shall return keys when Contractor personnel no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the CO and COR and file a written incident report with the VA Police within 24 hours of the event.

In the event keys, other than master keys, are lost or duplicated by Contractor personnel, the Contractor shall, upon direction of the CO, re-key or replace the affected lock or locks at the Contractor’s expense. However, the Government, at its option, may replace the affected lock or locks or perform re-keying and charge the cost of any parts and labor required to complete that work to the Contractor. In the event a master key is lost or duplicated, all locks and keys for the system covered by that master key shall be replaced by the Government and the total cost of any parts and labor required to complete that work shall be charged to and paid by the Contractor.

The Contractor shall ensure Government issued keys/key cards are not used by any persons other than the Contractor’s employees. The Contractor shall prohibit its personnel from opening locked areas unless authorized by the COR.

13. NON-PERSONAL SERVICES CONTRACT: The services provided in the contract are non-personal services. The Guards are not subject, either by contract terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

The Guards shall not be considered as a VA employee for any purpose and shall only be considered employees of the Contractor. All personnel concerns must be address with the Contractor and not directly with VA staff.

14. CONTRACTOR EMPLOYEE: The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the VA or individuals present at the participating facilities in the Statement of Work. If accusations of misbehavior by a Guard have been brought to the attention of the Contracting Officer, the Contracting Officer may direct that the Guard be immediately removed from performing work under the contract pending an investigation from the VA police. The Guard may only resume work under the contract upon a written notification from the Contracting Officer.

15. ETIQUETTE AND USE OF FACILITIES: While present on federal property or any participating facilities in the Statement of Work (on or off duty, and while in uniform), the Contractor shall ensure its Guards adhere to the following standards:

15.1. The Guards appearance and conduct shall always be professional and unobtrusive.

15.2. The Guards shall behave with appropriate decorum, courtesy, and respect. Shouting, cursing, angry outbursts, sleeping, intoxication, unsafe driving, and criminal acts of any kind shall not be tolerated and are cause for immediate removal from the premises.

15.3. The Government shall not be responsible for any loss, damage, or theft of Contractor’s items. No telephone services will be provided to Contractor staff for personal use. Contractor shall be responsible for the housekeeping and custodial maintenance of the facilities used by Contractor employees.

15.4. Contractor employees shall park privately owned vehicles in general guest parking areas.

16. CONTRACTOR PERSONNEL: The Contractor shall ensure that its employees are aware of all the terms and conditions set forth above in this contract regarding their performance and conduct during the performance period of this Contract. The Government reserves the right to direct the Contractor to remove employee(s) if its personnel’s conduct jeopardizes the regular and ordinary operation of VA facilities.

The Contractor shall train its personnel performing work under this contract and take the appropriate safety precautions prescribed by OSHA standards. The Contractor shall leave all work areas free of debris and in the same condition as before the work commenced. The Contractor agrees to take all necessary precautions to protect Government property, as appropriate, in the immediate work area(s).

17. SAFETY AND FIRE PREVENTION: In the performance of this contact, the Contractor shall ensure the Guards shall take such safety precautions as necessary to protect the lives and health of the occupants of the building(s) to which they are assigned. When appropriate, the Guard shall display appropriate warning devices in all areas where operations may cause a traffic obstruction and/or personnel hazard.

18. GOVERNMENT FURNISHED EQUIPMENT (GFE): The following property and service may be provided by the Government for the Contactor’s personnel to perform their duties:

18.1. Officer’s Duty book to include (all sites):

1. Minimum task list (VA form 5-3489a)

1. Post duty and book which includes: Operating procedures and task.

18.2. Guards post with the following (each site will vary):

1. Desk, chair

1. Counter with drawer

1. Lockable file cabinet

18.3. Security equipment as follows (each site will vary):

1. Two (2) monitors

1. Necessary VA forms

1. Telephone equipment: One (1) telephone with Federal Telecommunication System (FTS), for official government business only.

1. Radio equipment and charger.

1. Metal detector wands

The Contractor shall safeguard all government equipment, information, and property provided for Contractor use. At the close of each work period, the Contractor shall secure government facilities, equipment, and materials used by Contractor personnel while performing work under this contract.

19. CONTRACTOR FURNISHED PROPERTY AND SUPPLIES: The Contractor shall furnish and maintain all items pertaining to Guard uniform and all other equipment necessary to perform work required by this contract.

20. BACKGROUND CHECKS:

20.1. Prior to assignment by the Contractor to perform work under this contract, Guards shall be certified via a background check by the Contractor to verify that there are no felony or misdemeanor arrests or convictions for drugs, weapons, arson, theft, assault, battery, or any other act of physical violence against another person or property within the past ten (10) years. Guards must pass the National Agency Check with Written Inquiries (NACI) prior to starting performance of work under this contract.

20.2. The cost for background investigations shall be borne by the Contractor, either in advance or as reimbursement to the Government. The level of sensitivity shall be determined by the Government based on the type of access required. The level of sensitivity shall determine the depth of the investigation and the cost thereof. The current estimated costs and type of investigations, is as follows and can be found at https://nbib.opm.gov/hr-security-personnel/investigations-billing-rates-resources/billing-rates/.

CODE

TYPE/

SENSITIVITY

20.3. The Contractor shall furnish all applicable information required to conduct the background investigation, such as, but not limited to, the name, address, and social security number of the Contractor’s personnel. The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation. A Security Access Clearance (SAC) background screening will be required for appropriate preliminary checks IAW VA Directive 0710.

21. INSURANCE REQUIREMENTS: The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance per State and Federal requirements.

22. NATIONAL HOLIDAY: If the holiday falls on a Sunday, the following Monday will be observed as a National holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. Government Agencies, and any day specifically declared by the President of the United States of America.

23. HOUR OF WORK: The Contractor shall perform services in accordance with the schedule, see ATTACHMENT B – MASTER POST SCHEDULE (MPS) AND ATTACHMENT C – TOUR OF DUTY (TOD) for details. Some posts will require services on weekends and/ or Federal Holidays.

Changes to the MPS and/ or TOD could involve adding guard posts, deleting guard posts, changing guard post hours, and/ or moving guard posts from one area to another or within the same area. Contractor shall only invoice for services rendered.

24. UNSCHEDULED SERVICES: Unscheduled services are considered as any services with less than forty-eight (48) hour notice. Unscheduled services shall only be only approved by the CO with written authorization prior to services being rendered. Any services that does not receive prior authorization from the CO shall not be paid by the Government.

25. OVERTIME & HOLIDAY PAY: Any overtime and/or holiday pay shall not be reimbursed by the Government unless pre-approved by the CO in writing. For services that is scheduled on the MPS, it is the Contractors responsibility to schedule Guards accordingly and overtime & holiday pay shall not be invoiced. Any services rendered without prior approval from the CO 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.

26. PARKING: Contractor personnel shall park only in designated guest parking areas. The facility to be serviced under this contract will not have designated on-site parking available for Contractor personnel. The guest parking area may be a combination of on and off-site parking. Parking information is available from the VA Police & Security Service Office. The VA will not invalidate or make reimbursement for parking violations of the Contractor's personnel under any circumstances. The Contractor assumes full responsibility for any parking violations. The Contractor personnel may not valet the motor vehicle.

27. CONTRACTING OFFICER’S REPRESENTATIVE (COR): The COR monitors contract performance and assists in contract administration. The COR is authorized to perform the following functions: performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry for Contractor personnel. The Contractor shall be provided a COR designation letter that states the responsibilities and limitations of the COR, especially regarding changes that effect price or delivery of services.

28. INVOICING & PAYMENT: The Contractor shall submit in arrears a properly completed itemized invoice in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Request. The two (2) options available are:

· 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

Invoice shall be itemized by post and the total number of hours of service received for that post during the invoice period. Services shall only be invoiced for actual services rendered in accordance to MPS or with prior approval from CO.

B.3 PRICE SCHEDULE

This is an indefinite delivery, indefinite quantity, (IDIQ) hourly fixed-price contract. Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The guaranteed minimum amount for this contract is $1,000.00. The maximum aggregate value of the orders that can be placed under this contract is $30,00,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

The current year pricing will apply to any extension pursuant to the exercise of FAR 52.217-8

BASE YEAR: OCTOBER 1, 2019 – SEPTEMBER 30, 2020

DOL - Guard I

Overtime & Holiday Rate for all labor: times the regular hourly rate when services are required past 8 hours per day or 40 hours per week and on federally recognized holidays; subject to pre-approval by the COR. (e.g 1.1x, 1.2x)

Unscheduled Services (<48-hour notice)

OPTION YEAR 1: OCTOBER 1, 2020 – SEPTEMBER 30, 2021

DOL - Guard I

Overtime & Holiday Rate for all labor: times the regular hourly rate when services are required past 8 hours per day or 40 hours per week and on federally recognized holidays; subject to pre-approval by the COR. (e.g 1.1x, 1.2x)

Unscheduled Services (<48-hour notice)

OPTION YEAR 2: OCTOBER 1, 2021 – SEPTEMBER 30, 2022

DOL - Guard I

Overtime & Holiday Rate for all labor: times the regular hourly rate when services are required past 8 hours per day or 40 hours per week and on federally recognized holidays; subject to pre-approval by the COR. (e.g 1.1x, 1.2x)

Unscheduled Services (<48-hour notice)

OPTION YEAR 3: OCTOBER 1, 2022 – SEPTEMBER 30, 2023, 2023

DOL - Guard I

Overtime & Holiday Rate for all labor: times the regular hourly rate when services are required past 8 hours per day or 40 hours per week and on federally recognized holidays; subject to pre-approval by the COR. (e.g 1.1x, 1.2x)

Unscheduled Services (<48-hour notice)

OPTION YEAR 4: OCTOBER 1, 2023 – SEPTEMBER 30, 2024

DOL - Guard I

Overtime & Holiday Rate for all labor: times the regular hourly rate when services are required past 8 hours per day or 40 hours per week and on federally recognized holidays; subject to pre-approval by the COR. (e.g 1.1x, 1.2x)

Unscheduled Services (<48-hour notice)

B.4 SCHEDULE OF SERVICE

PERIOD OF PERFORMANCE: The Period of Performance is for one (1) base year and four- 1-year option, at the Government discretion to exercises.

Base Year: October 1, 2019 – September 30, 2020 Option Year 1: October 1, 2020 – September 30, 2021 Option Year 2: October 1, 2021 – September 30, 2022 Option Year 3: October 1, 2022 – September 30, 2023 Option Year 4: October 1, 2023 – September 30, 2024 36C26219R0077

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 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 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. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management…