36C26220R0174.docx

36C26220R0174

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

691-20-3-5071-0273 36C26220R0174 08-22-2020 Imelda Martinez 562-766-2250 09-14-2020

10AM

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach

CA

90815 X X 561210 $41.5 Million 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

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Contractor shall provide Window Cleaning/Washing Services for the VA Greater Los Angeles Healthcare System See subsequent pages for details See CONTINUATION Page 691-3600162-5071-856100-2542 010056100 X X Imelda Martinez Contracting Officer Table of Contents

SECTION B – CONTRACT ADMINISTRATION DATA

B.1 CONTRACT ADMINISTRATION DATA

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

b. GOVERNMENT: Department of Veterans Affairs – 36C262

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Semi-Annually [X]

4. GOVERNMENT INVOICE INFORMATION: All invoices from the contractor shall be submitted electronically through the Tungsten Network System to:

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

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

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.3 SCHEDULE OF SERVICES AND PRICES

This is a fixed price contract for Window Cleaning/Washing Services, Contractor shall provide all labor, supervisor, equipment, materials and supplies in order to provide window cleaning/washing services two (2) times per year for the VA Greater Los Angeles Healthcare System (VAGLAHS) located at 11301 Wilshire Blvd, Los Angeles, CA 90073, the Sepulveda Ambulatory Care Center (SACC) located at 16111 Plummer Street, North Hills, CA 91343 and the Los Angeles Ambulatory Care Center (LAACC) located at 351 East Temple Street, Los Angeles, CA 90012.

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

BASE YEAR: SEPTEMBER 21, 2020 THROUGH SEPTEMBER 20, 2021

VA Greater Los Angeles Healthcare System (VAGLAHS)– All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services.

JB

Sepulveda Ambulatory Care Center (SACC) –All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services

Los Angeles Ambulatory Care Center (LAACC) – All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services

TOTAL COST FOR BASE YEAR: $____________

OPTION YEAR ONE: SEPTEMBER 21, 2021 THROUGH SEPTEMBER 20, 2022

VA Greater Los Angeles Healthcare System (VAGLAHS)– All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services.

Sepulveda Ambulatory Care Center (SACC) –All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services

Los Angeles Ambulatory Care Center (LAACC) – All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services

TOTAL COST FOR OPTION YEAR ONE: $____________

OPTION YEAR TWO: SEPTEMBER 21, 2022 THROUGH SEPTEMBER 20, 2023

VA Greater Los Angeles Healthcare System (VAGLAHS)– All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services.

Sepulveda Ambulatory Care Center (SACC) –All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services

Los Angeles Ambulatory Care Center (LAACC) – All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services

TOTAL COST FOR OPTION YEAR TWO: $____________

OPTION YEAR THREE: SEPTEMBER 21, 2023 THROUGH SEPTEMBER 20, 2024

VA Greater Los Angeles Healthcare System (VAGLAHS)– All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services.

Sepulveda Ambulatory Care Center (SACC) –All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services

Los Angeles Ambulatory Care Center (LAACC) – All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services

TOTAL COST FOR OPTION YEAR THREE: $____________

OPTION YEAR FOUR: SEPTEMBER 21, 2024 THROUGH SEPTEMBER 20, 2025

VA Greater Los Angeles Healthcare System (VAGLAHS)– All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services.

Sepulveda Ambulatory Care Center (SACC) –All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services

Los Angeles Ambulatory Care Center (LAACC) – All Interior and Exterior windows and ledge cleaning, metal panel cleaning, screen cleaning and walkway cleaning services

TOTAL COST FOR OPTION YEAR FOUR: $____________

PRICE/COST SCHEDULE

B.3 DESCRIPTION/SPECIFICATIONS/WORK STATEMENT AND REQUIREMENTS

1. DESCRIPTION

The Contractor shall furnish all necessary and appropriate labor, supervision, materials, equipment, and supplies to provide window cleaning/washing services, semi-annually (twice per year) interior and exterior windows, skylight and surface cleaning for the VA Greater Los Angeles Healthcare System (VAGLAHS) 11301 Wilshire Blvd. Los Angeles, CA. 90073, the Sepulveda Ambulatory Care Center (SACC) located at 16111 Plummer Street, North Hills, CA 91343 and the Los Angeles Ambulatory Care Center (LAACC) located at 351 East Temple Street, Los Angeles, CA 90012.

Contractor shall be responsible for cleaning the following windows, skylights and surfaces:

1. Buildings (6) WLA Campus 500, 213, 214, 215, 217, 218

1. Buildings (6) Sepulveda Campus 200, 1, 7, 10, 99, 20

1. Building (1) LAACC Campus

2. PERFORMANCE REQUIREMENTS

The cleaning shall take approximately 30 to 60 days to complete all requirements for all locations.

All cleaning tasks shall be accomplished to meet the standards listed below:

Clean glazed surface, windows, frames, sills and sashes. Contractor shall remove all residual tar, gum, paint, water proofing compounds, dirt and soil of other substances, which may be found on glass. Any Screens and safety bars shall be removed for cleaning, replaced and securely fastened by VAGLAHS Staff.

Removal of material and equipment. All Contractor material and equipment shall be removed from the facility or stored and secured properly at the end of the workday. Remove all empty containers, boxes, etc. from Government property.

Safe preparation and use of materials and equipment. Materials shall be prepared according to manufacturer’s recommendations. Contractor shall use equipment for the purpose it was intended for and in accordance with all OSHA regulations and safety standards. Contractor will furnish Safety Data Sheets (SDS) on all chemicals to the Contracting Officer’s Representative (COR) prior to commencement of work.

Warning Signs and protective barriers. Contractor shall place signs designating work areas to warn others of work in progress, as well as to protect persons, property, equipment, etc.

Contractor shall coordinate work to prevent conflicts with the treatment of patients and the functioning of the facility. If needed, no medical apparatus shall be moved without approval.

A proposed work schedule shall be submitted to the COR for coordination within fifteen (15) calendar days after notice of contract award. In addition, the Contractor shall submit a daily schedule to Environmental Management Service (EMS) COR of the areas to be serviced in advance for each workday, and the Window Cleaning Plan of service prior to the start of the semi-annual cleaning.

The Contractor is responsible for complying with all appropriate regulations and guidelines of the Joint Commission, Occupational Safety & Health Administration (OSHA), and any other pertinent federal, state, and local references.

All tasks accomplished by the Contractor personnel shall be performed to preclude damage or defacement of government-owned furnishings, fixtures, equipment and facilities. The Contractor shall report any damage observed or caused by the Contractor personnel to the technical representative. The Contractor shall be responsible for repair or replacement of government-owned items or facilities to previous condition, if determined to be at fault by the Contacting Officer.

Controlled Descent Apparatus’ (CDA). When using such equipment for window cleaning applications, its design, use and maintenance shall conform to Cal-OSHA ruling, Article 5, §3286. Cal-OSHA expects employers whose employees use descent control devices to implement the following procedures and precautions:

• Have documentation on file that employees have been trained by a competent person.

• Review with employees of the written detailed work procedures for the work site provided by the building owner.

• Inspection each day before use of all equipment.

• Proper rigging, procedures utilized.

• Use of separate fall arrest system, which will quickly stop the employee’s fall.

• Ropes are effectively padded where they contact surfaces, which might cut or weaken the rope.

• While suspended, window cleaners shall not reach further than six (6) feet in any direction.

3. SUPPLIES, EQUIPMENT AND TOOLS

Contractor shall furnish all cleaning materials, equipment, and supplies necessary to perform the cleaning services of this contract, except for those noted within this SOW. All cleaning materials and supplies shall be provided in their original containers with Safety Data Sheets (SDS) immediately accessible to the user(s).

The Contractor shall provide environmentally preferable products (soap, chemical, etc.) and is required to provide a SDS for all potentially hazardous agents used within the facility to ensure the safety of the occupants and employees to the COR.

All equipment shall have bumpers and guards to prevent marking, scratching or marring of furniture, fixtures or building surfaces.

All Contractor electrical equipment shall be Underwriter’s Laboratory (UL) listed and maintained in a safe condition for the operator and bystanders. All equipment must operate using existing building circuits. Contractor shall not operate electrical equipment or combinations of electrical equipment, which require power exceeding the capacity of the site.

Keep inventory tools and equipment in sight and out of the hands of patients. Avoid conversation and do not give to or take anything from patients. If there is indication of any type of problem, call the Nursing Staff on duty for assistance.

4. QUALITY CONTROL/ASSURANCE

The Contractor shall have a Quality Control (QC) Program to assure the services of this contract are provided as specified. The Contractor’s QC Program shall include, an inspection system covering all services provided and a method of correcting deficiencies in the quality of services before the level of performance becomes unacceptable.

Work not meeting the contract’s requirements shall be re-performed by the Contractor at no additional expense to the Government.

5. SAFETY PLAN/TRAINING

Contractor shall be responsible for providing a safety plan that shall be submitted to the Government Safety Officer for concurrence prior to the pre-performance meeting.

6. CONTRACTOR PERSONNEL

The parties agree that the Contractor Personnel working under this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

It is incumbent upon the Contractor to furnish the management expertise to accomplish not only the specific tasks specified within, but also an acceptable environmental appearance, that reflects accomplishment of a total program. Work shall be performed by bonded; experienced staff with experience in working with, and around hospital facilities. All contractor personnel assigned to the performance of this contract shall wear a contractor provided uniform that clearly identifies the individual as a contractor.

The Contractor shall ensure that the work crew assigned shall be cognizant of sexual harassment, drug-free workplace and other appropriate federal employment requirements.

7. SAFETY AND FIRE PREVENTION

In the performance of this contact, the Contractor shall take such safety precautions as necessary to protect the lives and health of the occupants of the building. Fire and safety deficiencies, which exist and are part of the responsibility of the Contractor shall be immediately corrected. If the Contractor fails or refuses to correct deficiencies promptly, the Contractor Officer may issue an order stopping all, or any part, of the work.

8. WORK ENVIRONMENT

All work under this service contract will be performed primarily outdoors and personnel performing these services shall be exposed to wind, sun, cold, dampness, frost, fog and rain. These conditions, may, at times, be extreme. The Contractor shall take all necessary precautions to protect his/her employees from the elements to the maximum practicable extent. Inclement weather shall not be considered an excusable delay in meeting specifications. The Contractor shall work throughout all weather conditions and to apply additional labor and equipment as necessary to meet deadlines, at no additional cost to the Government.

9. INSPECTION AND ACCEPTANCE CRITERIA

The COR can perform inspection of the work performed without the presence of the Contractor and determine whether the work performed is within standards outlined in the scope of work. It is VA prerogative to hire an independent qualified third party to check the validity of the work conducted.

10. COMPLAINTS

Contractor shall promptly and courteously respond to complaints within three (3) working days to the COR. Including complaints brought to the contractor’s attention by the CO. Contractor shall maintain a written record of all complaints, both written and oral showing the identity of the individual, the nature of the complaint, and contractor’s response. Contractor shall permit the Government to inspect the written records of complaints upon reasonable notice from the CO.

11. CONTRACTING OFFICERS REPRESENTATIVE (COR)

No service shall be provided without the approval of the Contracting Officers Representative (COR) or his/her designee of this contract. The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or his/her delegated representative acting within the limits of his/her authority.

Delegation of Authority letter(s) shall be forwarded to the Contractor after contract award identifying the COR(s) and all representatives of VASDHS authorized to order services and to accept or reject services from the Contractor. This designation shall be furnished in writing to the Contractor prior to commencement of the contract.

12. AUTHORIZED SERVICES

Only those services specified herein are authorized under this contract. Before permitting and/or performing any service of a non-contract nature, the contractor shall advise the CO of the reason (s) for the additional work and/or service. The Contractor is cautioned that only the Contracting Officer or his/her designee may authorize additional service that are within the scope of this contract and that reimbursement shall not be made unless prior authorization is obtained from the CO.

13. NATIONAL HOLIDAYS

Work shall be accomplished during normal working hours, Monday through Friday, 07:00 am to 3:30 pm, excluding National Holidays or any other holiday declared by the President of the United States as a National holiday. Contractor shall not be required to work on National holidays unless prior approval is obtained from the COR.

Listed below are the legal Government holidays.

14. NORMAL WORKING HOURS

Normal working hours are defined as 7:00 AM to 3:30 PM during weekdays Monday through Friday, excluding weekends and National Holidays. Contractor shall not be required to work on National holidays unless prior approval is obtained from the COR.

If the Contractor proposes different hours of operation, and the Government accepts the Contractor’s proposal, the Contractor’s proposed hours of operation shall prevail.

15. OVERTIME AND HOLIDAYS

Any overtime or holiday pay that may be entitled to Contractor personnel performing under this contract shall be approved prior to services being performed by the COR and CO. If services are not approved prior the sole responsibility the Contractor shall be fully responsible for payment to his/her employees and services will not be billed nor reimbursed by the Government.

16. SECURITY BACKGROUND CHECKS

All Contractor employees who require access to the Department of Veterans Affairs facility shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement Is applicable to Sub-Contractor personnel requiring the same access. The Contractor at the time of award shall certify that their employees working under this contract have had Security Background Checks prior to working at the VAGLAHS.

17. CONTRACTOR SECURITY REQUIREMENTS

The Office of Security and Law Enforcement provides Department-wide policy on the assignment of appropriate position sensitivity designations associated with Department of Veterans Affairs (VA) positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants for, and incumbents of, those positions.

The cost for such 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 on the basis of the type of access required. The level of sensitivity will determine the depth of the investigation and the cost thereof. At this time, the current estimated costs for such investigations are as follows:

The Contractor shall furnish all applicable employee information required to conduct the 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. Background investigations shall not be required for contract personnel assigned to Low Risk/Non-sensitive positions for 180 days or less under a single contract or series of contracts. However, a Security Access Clearance (SAC) background screening will be required for appropriate preliminary checks IAW VA Directive 0710.

18. CONTRACTOR POINT OF CONTACT

The Contractor shall assign a Point of Contact (POC) and an alternate POC for the purpose of ensuring compliance with all the terms and conditions of this contract and who shall be responsible for administration matters in the performance of services under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The POC shall be available by telephone Monday through Friday, between 7:00 a.m. to 3:30 p.m. excluding National Holidays.

Point of Contact (Full Name):

Telephone Number:

E-mail Address:

Alternate Point of Contact (Full Name):

Telephone Number:

E-mail Address:

19. CONTRACTOR SUBMITTALS /INSURANCE REQUIREMENTS

Contractor shall be required to provide copies of the following: The Contractor is required to comply with Federal and State Workers Compensation and liability insurance. Reference FAR clause 52.228-5-Insurance and Subpart 28.307-2-Liability. Within 15 days of contract award the Contractor shall furnish to the Contracting Officer certification from his/her insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without guaranteed thirty (30) day notice to the Contracting Officer. New certifications shall be furnished prior to the expiration date.

20. CONFLICT OF INTEREST

The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person creates a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Veterans Affairs (VA) unless such person seeks and receives approval in accordance with VA Regulations and public law. Nor shall the Contractor employee any person who is a member of the immediate family of a VA employee employed at the VA Health Care System if the employment of that family member would create a conflict of interest or appearance of a conflict of interest, particularly with regard to influencing the contract negotiations, terms of the contract, or the work carried out under the contract.

In any such case, the VA must review the matter and give its approval in accordance with agency ethics rules. Contractor shall ensure no violation of ethics occurs between VA staff, VA patients and families of VA staff. Staff shall not accept, solicit, allow or invite gifts, gratuities, sales of items, etc. Any occurrence shall be reported to the COR along with corrective action taken, and the reports will be kept on file for the duration of the contract. The parties agree that the contract personnel working under this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

21. MONITORING PROCEDURES

The COR shall be responsible for monitoring the Contractor's performance. Performance deficiencies or poor performance identified during the term of the contract shall be reported to the Contractor. Upon notification of deficiencies or poor performance, the Contractor shall be given a reasonable time to take corrective action. If determined appropriate, the Contracting Officer, COR and/or other VA staff members shall meet with representatives of the Contractor to review performance and resolve issues.

All deficiencies or poor performance shall be documented and shall be corrected within the timeframe specified in the cure notice. The Contractor shall notify the Contracting Officer and the COR when correction(s) have been made. If the appropriate correction is not made within the timeframe specified in the cure notice, the Government shall have the right to terminate the contract in it is entirety.

22. DENIAL/TERMINATION OF SERVICES

Action to limit, suspend or revoke service contract shall be in accordance with the procedures outlined in VA guidelines, the Federal Acquisition Regulations (FAR) and Veterans Affairs Acquisition Regulation (VAAR). The Contractor shall be notified by the CO, when the necessity becomes apparent to exercise such authority. The CO shall provide the Contractor with copies of documentation initiating the revocation (termination) process if such action becomes apparent. The Government reserves the right to refuse acceptance of service provided by the Contractor due to poor performance or failure to comply with the requirements specified herein. The Contractor and COR shall work together to resolve complaints concerning unacceptable performance. However, the CO has the final authority on validating complaints. In the event that Contractor is involved and named in a validated complaint, the Government reserves the right to refuse acceptance of the services of such Contractor. The CO shall be the final authority on questions of acceptability.

23. PARKING POLICY

It is the responsibility of contractor personnel to park only in designated parking areas. Parking information is available from the VA Security Office. The VA shall not invalidate or make reimbursement for parking violations of contractor’s personnel under any circumstances.

24. DRUG/ALCOHOL POLICY

Contractor shall ensure that all staff performing under this contract comply with the participating VA alcohol and drug free workplace policy. The Contractor shall be expected to conduct random alcohol and drug tests on all contractor staff. Random alcohol and drug tests shall be conducted at least once a year on each employee performing under the resulting contract. Contractor staff shall also be subject to drug and alcohol testing when reasons exist to suspect the use of illegal drugs and/or alcohol while on duty that impaired judgment, performance, and the safety of Veteran patients. Upon request, the Contractor shall be expected to provide evidence or copy of the results of employee drug and alcohol testing.

25. SMOKING POLICY

Smoking is strictly prohibited on the grounds of any VHA facility. Per VHA Directive 1085 dated March 5, 2019, it is VHA policy that all VHA health care facilities, including hospitals, community clinics, administrative offices and Vet Centers, will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019. There will no longer be designated smoking areas. VA facilities are now considered Smoke-Free.

26. CELLULAR PHONES

Cellular phones shall be put on vibrate prior to entering the VA facility and shall be used only in the performance of this contract while at the facility

27. BADGES

All contractor personnel shall always be required to wear VA provided identification (I.D.) badges above the waist while on VA Facility Grounds. Contractor shall be required to coordinate with the COR to obtain the VA provided I.D. badges for all staff. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear ID badges may result in removal from any of the VA facilities and/or otherwise referred to Government property.

28. VA POLICIES

Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

29. INVOICE AND PAYMENTS

Contractor shall submit monthly invoices in the arrears electronically via the Tungsten-Network System at the end of each month for the facility, for payment of work completed in that billing period. Contractor shall submit original invoice electronically to:

Department of Veterans Affairs Financial Services Center http://www.tungsten-network.com (Toll-free telephone number: (877) 489-6135)

Payment shall be made monthly in the arrears upon receipt of properly prepared invoice.

The invoice MUST be itemized to include the following information. Any information listed below that is not provided on an invoice, will render that invoice incomplete and the invoice will be returned for immediate correction.

a. Dates of service.

b. Description of services.

c. Invoice number, date.

d. Contract number.

e. Obligation number

Failure to comply with the above shall delay payment to the Contractor.

30. CONTRACT AWARD MEETING AND COMMENCEMENT OF WORK

The Contractor shall not commence performance on the tasks in this SOW until the CO has conducted a post-award meeting or has advised the contactor that a post award meeting shall not be required based on the request of the customer.

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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 (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

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

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed one (1) year.

(End of Clause) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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