36C26223R0039 VAGLAHS Valet Parking Services for the LA ACC.pdf

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. Contract 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

691-23-2-5220-0027

36C26223R0039 01-10-2023

Sandra Fusco Sandra.Fusco@va.gov 01-25-2023 10:00am PST

36C262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Long Beach CA 90815

X 100

X

812930

$41.5 Million

N/A

Department of Veterans Affairs VA Greater Los Angles Healthcare System 11301 Wilshire Blvd.

Los Angeles, CA 90073

36C262

Network Contracting Office 22

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

This solicitation is for Valet Parking Services at VA Greater Los Angeles Healthcare System's Los Angeles Ambulatory Care Clinic.

This solicitation is set aside 100% for Service-Disabled Veteran Owned Small Businesses.

See subsequent pages for details.

x 1

Alfreda Hunter

36C26223R0039

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES AND PRICE

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 25

C.4 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C6. 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.7 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 32

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

C.11 SUPPLEMENTAL INSURANCE REQUIREMENTS

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 DOL Wage Determination – Los Angeles County - Attached

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2—PROPOSAL SUBMITTAL INSTRUCTIONS

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262 Alfreda Hunter CO / Sandra Fusco CS

Network Contracting Office 22

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

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

AMENDMENT NO DATE

B.2 SCHEDULE OF SERVICES AND PRICE

This is a fix-price contract for Valet Parking Services. Awarded prices as indicated below are all inclusive, no other costs will be reimbursed.

This contract is for one year with the Government having the option to exercise four (4) one-year option periods.

ITEM

NUMBER

DESCRIPTION

OF SERVICES QUANTITY UNIT UNIT PRICE

YEARLY PRICE

(unit X 12)

12.00 MO

Valet Parking Services Contract Period: Base POP Begin: 03-01-2023 POP End: 02-29-2024

PRINCIPAL NAICS CODE: 812930

- Parking Lots and Garages

PRODUCT/SERVICE CODE: M1LZ –

Operation of Parking Facilities

Contract Period: Option 1 POP Begin: 03-01-2024 POP End: 02-28-2025

PRINCIPAL NAICS CODE: 812930

- Parking Lots and Garages

Contract Period: Option 2 POP Begin: 03-01-2025 POP End: 02-28-2026

PRINCIPAL NAICS CODE: 812930

- Parking Lots and Garages

Contract Period: Option 3 POP Begin: 03-01-2026

POP End: 02-28-2027

PRINCIPAL NAICS CODE: 812930

- Parking Lots and Garages

Contract Period: Option 4 POP Begin: 03-01-2027 POP End: 02-29-2028

PRINCIPAL NAICS CODE: 812930

- Parking Lots and Garages

GRAND TOTAL

FOR BASE

AND OPTIONS

B.3 STATEMENT OF WORK

1. General Requirements.

1.1. The Contractor shall provide all necessary and appropriate labor, transportation, supervision, materials, equipment, supplies, and other non-personal services to perform valet parking services for VA Greater Los Angeles Healthcare System (VAGLAHS).

1.2. The Contractor shall provide valet parking services for Veteran patients, their family members, and other visitors at VAGLAHS’s Los Angeles Ambulatory Care Center (LAACC) located at 351 East Temple Street, Los Angeles, CA 90012-3328.

2. General Responsibilities. The Contractor shall provide valet parking services in accordance with the following guidelines:

2.1. The Contractor shall coordinate with the COR to design the designate the location of the valet drop-off, valet pick-up, valet booth, and a drop off and pick up location near the elevators for the loading and unloading of handicapped patrons so as not to interfere with normal valet parking operation.

2.2. The Contractor shall provide each valet patron a valet claim check/ticket and secure the valet patron’s keys after parking the patron’s vehicle.

2.3. No vehicle should wait more than seven (7) minutes to be valet-parked and no more than seven (7) minutes to be retrieved.

2.4. When requested, valet parking attendants shall provide assistance to valet patrons with removal of wheelchairs, walkers, carts, bags, and/or personal medical equipment from vehicles. Valet attendants shall not be required to lift or pick up patients in and out of their vehicles.

2.5. The Contractor’s on-site supervisor shall address customer concerns and parking incidents.

Valet Parking Services - Personnel Requirements

TITLE 0700-1530 0800-1630 0900-1730

VALET ATTENDANT (includes booth attendant)

2 1 1

SUPERVISOR 1

3. Personnel Requirements. The Contractor shall provide the following valet parking personnel, Monday through Friday, excluding holidays during the hours indicated. It is the responsibility of the Contractor to have replacement staff in the case of short notices absences of its personnel.

4. Specific Valet Parking Procedures. Contractor valet parking services shall adhere to the following guidelines:

4.1. A Valet Attendant shall be stationed at the valet booth during normal operations and shall not be included in the valet attendant staff for parking vehicles. The valet parking booth shall be always manned.

4.2. Valet parking attendants shall ask valet patrons for an appointment letter, VA Patient identification card, which clinic or healthcare service which they will be visiting, and the estimated time of departure.

4.3. Valet staff shall offer patients with handicap placards or license plates on their vehicles the option of self-parking in designated handicapped spaces.

4.4. Valet staff shall direct vehicles not eligible or not wishing to participate in the valet parking service to the designated parking location.

4.5. All vehicles parked by valet attendant shall be locked and secured when an attendant is not physically inside the vehicle.

4.6. Valet attendants shall provide part of the claim ticket to each valet patron. After parking the vehicle, the attendant shall write the vehicle description, location, and other pertinent information on the portion of the claim ticket to aid in locating the vehicle when the valet patron returns for their vehicles.

4.7. Valet patrons’ keys shall be immediately secured in the valet booth using a Contractor provided locking key cabinet.

4.8. Valet attendants shall only park vehicles in the designated parking areas for valet parking services.

4.9. Valet attendants shall double stack vehicles safely and efficiently when parking to maximize space available.

4.10. At the end of every day, the valet staff shall lock up and secure all key cabinet(s), safety cones, signs, posts, chains to separate parking areas, comment cards, claim tickets, podiums, and other miscellaneous supplies/materials necessary to operate and manage valet services.

4.11. The Contractor’s valet staff may decline to park the following types of vehicles and shall instead direct drivers of such vehicles to self-park in non-valet parking areas:

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

4.11.2. Vehicles which lack a functional seat belt or are unsafe to drive.

4.11.3. Vehicles which do not have fully functional doors, windows, or locks.

5. Equipment and Supplies. All equipment and supplies are subject to the approval of the COR prior to use. The Contractor shall provide the following valet parking equipment and supplies:

5.1. professional looking valet booths to designate the valet parking service location.

5.2. lockable key cabinets for securing of valet patrons’ keys.

5.3. safety cones to direct the flow of traffic for valet parking services.

5.4. claim tickets that are sequentially numbered to differentiate tickets respective to each valet patron’s vehicle. Claim tickets shall contain the valet company’s liability disclaimer.

5.5. VA approved walkie-talkies or radios for valet personnel use.

5.6. any personal protective equipment such as face shields, gloves, and/or masks.

5.7. Signage. The Contractor shall provide and install appropriate signage at the valet parking lot. Signage shall include/adhere to the following guidelines. Signage is subject to the approval of the COR prior to purchase and installation:

5.7.1. All signs shall at least 30” x 30” and hand-written signs shall not be allowed.

5.7.2. a minimum of two (2) "No Tipping" signs.

5.7.3. a minimum of two (2) “Insurance Liability” signs for vehicle damage claims.

5.7.4. a minimum of two (2) signs explaining the valet parking “After-Hours Procedures.”

5.7.5. temporary signs used to assist the flow of traffic, redefine the layout of the parking lot, and prevent self-park drivers from parking in unauthorized areas within the designated valet parking lot.

5.7.6. minimum of two (2) each “Valet Closed” signs.

5.7.7. Contractor shall set-up signage each morning and remove signage at the end of each day.

6. Parking Lots

6.1. Designated Valet Parking Lot(s).

6.1.1. The Contractor shall coordinate with the COR to determine the number and location of valet-only parking spaces and the location of the valet booth required to successfully operate the valet parking service.

6.1.2. The Contractor shall utilize LAACC’s two-level subterranean on-site parking lot at 351 East Temple Street, Los Angeles, CA 90012-3328 valet parking vehicles.

6.1.3. The Contractor shall have complete control of vehicles parked in designated valet parking area(s) to maximize the space available and facilitate a smooth operation. The Contractor shall utilize efficient parking operations (e.g., stack parking and/or lane stacking) whenever possible to maximize the space available and keep traffic flowing. The Contractor shall be responsible for parking control and monitoring the designated parking lot assigned for the valet operation.

6.1.4. The Contractor shall coordinate with the COR when it is necessary to change designated parking lots and areas for valet services due to construction, road, and parking closures, and/or unanticipated circumstances.

6.1.5. The Contractor shall not make any alterations to the parking areas or parking lot striping. If the Contractor recommends parking area alterations, the Contractor shall notify the COR in writing with the recommended changes.

6.2. Off-site parking lot.

6.2.1. Contractor staff shall be aware that the LAACC has a contract for 100 parking spaces at 101 Judge John Aiso Street, Los Angeles, CA 90012. Parking at this location is free for VA patients, visitors and staff with validation provided by the staff at LAACC.

6.2.2. The Contractor shall not be required to utilize the off-site parking for valet services. However, all Contractor staff shall be aware of and able to provide directions to off-site parking for Veterans, visitors, and other patrons who are not eligible for or do not wish to utilize the valet parking services or when the LAACC parking lot is full.

7. Utilization and Hours of Operation.

7.1. Historical data indicates daily visitor (potential valet patron) parking counts fluctuate throughout the week from a low of 75 to a high of 100.

7.2. The busiest clinic hours are between 8am and 3pm.

7.3. The Contractor shall operate valet parking services from 7:00 am to 5:30 pm Monday through Friday, excluding Federal Holidays and any other day specifically declared by the President of the United States to be a Federal Holiday.

7.4. The Contractor shall not valet park any arriving vehicles after 4:00pm. After 4:00pm, valet operations shall only include retrieving vehicles previously valet parked.

8. National Holidays

8.1. The Contractor is not required to provide services on the following national holidays, nor shall the Contractor be paid for these holidays:

8.2. When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday fall son a Saturday, the preceding Friday shall be observed as a legal holiday by U.S. Government agencies.

9. Special Events. The Contractor shall be notified in advance of any special event which might cause parking problems because of additional patients, patrons, or visitors to the LAACC. If necessary, a modification to the contract may be negotiated to accommodate additional staffing for any special events.

10. After Hours Procedures

10.1. Valet staff shall attempt to return vehicles and/or vehicle keys to customers prior to ceasing operations each day.

10.2. Valet staff shall turn over to the LAACC site manager or designee the keys to any valet parked vehicles still on premises after the valet parking service hours have ended and before the final valet attendant departs at 1730.

10.3. Prior to departing, the valet attendant shall seal each set of keys and associated ticket number in an individual envelope supplied by the Contractor. The outside of the envelope shall bear a description of the parked vehicle, its location, and customer name/contact information if known.

10.4. The valet attendant shall complete an inventory log of all remaining vehicles and associated ticket numbers and shall provide this inventory to the Site Manager or designee at the time keys are turned over.

10.5. Liability and Claims.

10.5.1. The Contractor shall immediately report any motor vehicle accidents or theft claims to VA Police, the LAACC site manager, and to the COR.

10.5.2. Any claims of damage or missing/stolen property involving patron vehicles shall be the responsibility of the Contractor to investigate and resolve. The Government assumes no responsibility for such claims.

10.5.3. All claims brought to the attention of the Contractor shall be immediately investigated and validated claims shall be processed for settlement. All claims shall be addressed within seven (7) calendar days unless extenuating circumstances warrant additional time and is authorized by the Contracting Officer or COR.

10.5.4. The Contractor shall be completely liable for all vehicle damages and general public damage while in the performance of the required services. All claims brought to the attention of the Contractor shall be immediately investigated and validated claims be processed for settlement.

10.5.5. The Contractor shall be financially liable to replace lost or misplaced keys in addition to being responsible for the transportation of the vehicle owner and passengers to their place of residence.

10.5.6. The Contractor shall be financially responsible to provide services for retrieval of any keys locked in the vehicle by the Contractor staff after taking possession of the vehicle from the valet patron.

10.5.7. The Contractor shall provide the claimant with a Claim Receipt that shall includes the following:

Company Name Supervisor on Duty Claimant Point of Contact (POC) POC Phone Number Date and Time of Incident Details of Incident

10.6. Complaints

10.6.1. All customer complaints shall be directed to and handled by the on-site supervisor who shall immediately notify the COR.

10.6.2. The Contractor shall promptly and courteously respond to complaints within 24 hours, including complaints brought to the Contractor’s attention by the Contracting Officer or COR.

10.6.3. The Contractor shall maintain a written record of all complaints, both written and oral, documenting the identity of the complainant, the nature of the complaint, and the Contractor’s response. The Contractor shall permit the Government to inspect such records upon request.

10.7. Disruptive Behavior

10.7.1. The on-site supervisor shall address any disruptive behavior of any parking attendant performing under the contract immediately.

10.7.2. The Contractor agrees to permanently remove any member of its parking staff from performing work associated with this contract, if at the sole discretion of the VA, the employee is deemed to pose a health and safety risk to any individual requiring services, or if the COR disapproves of the conduct due to interferences with the business or operation of the LAACC.

11. Emergency Situations

11.1. The Contractor shall ensure all pathways to exits are free of any vehicles in emergency situations or when a fire alarm is activated.

11.2. The Government will provide an Emergency Plan to the Contractor. The Emergency Plan brochure describes reporting procedures for a variety of emergency scenarios including cardiac arrest, hazardous material spills, disruptive and/or dangerous behavior, active shooter, etc. In the event of an incident or emergency, the valet parking staff shall follow the procedures outlined in the brochure.

12. Personnel Policies

12.1. The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract, such as providing Workers’ Compensation, professional liability insurance, health examination and social security payments.

12.2. Payment for any leave, including sick leave or vacation time is the responsibility of the Contractor.

12.3. The Contractor staff’s personally owned vehicles shall not be parked at the site or location for which the work under this contract is to be performed. Available parking areas for contractor staff shall be designated by the COR and is subject to change as site conditions change. Contractor staff may be required to park at an off-site location (of choice) with no associated costs borne by the government.

12.4. The Contractor shall follow all existing local, state, federal employment laws and/or union regulations relevant to fringe benefits and premium pay for their employees.

12.5. The Contractor understands that Contractor personnel shall not be considered

VA employees for any purpose.

12.6. Qualifications.

12.6.1. The Contractor shall provide experienced, fully trained valet parking attendants and supervisors.

12.6.2. All valet parking staff must possess a valid California State Driver’s License, be legal residents or U.S. citizens, be fluent in the English language, be at least 21 years of age, and have no criminal history.

12.6.3. All valet parking staff shall be able to perform all general duties, functions, and activities required by the contract, including expertise in the proper operation of all types of vehicles, and a commitment to the highest level of safety, courtesy, respect, and compassion.

12.6.4. The Contractor shall furnish, when requested, evidence of qualifications and competency assessment of all employees. Such evidence shall include copies of driver’s licenses, DMV printouts, and copies of security background checks.

13. Training.

13.1. Contractor’s valet parking staff shall attend a facility orientation program on safety, security, patient privacy, emergency procedures, accidents/injuries, and communication with LAACC staff.

13.2. After the initial Government orientation training, it is the responsibility of the Contractor to train subsequent employees assigned to the contract.

13.3. The Contractor shall maintain documentation certifying that all employees assigned to the contract have received this training.

14. Uniforms.

14.1. Valet parking staff shall present a neat, clean, and professional appearance and be easily recognized as Contractor staff.

14.2. The Contractor shall provide uniforms for all valet parking staff performing under this contract. Uniforms shall include the identification of the Contractor by company name and employee name. Jackets and/or sweaters without the Contractors logo shall not be worn while performing valet parking services. Uniforms shall be consistent in style and color and shall be always worn during performance of the contract. The uniform style shall be approved by the COR prior to contract implementation.

15. Badges

15.1. Contractor valet staff shall wear VA provided identification (I.D.) badges above the waist while on VA property.

15.2. The Contractor shall coordinate with the COR to obtain the VA provided I.D.

badges for all valet parking service staff.

15.3. All VA provided I.D. badges shall be returned to the COR at the end of the contract period of performance or upon an individual’s completion of service with the Contractor company.

15.4. Failure to wear the appropriate identification may result in removal from the LAACC property.

16. On-Site Management

16.1. The Contractor shall have one (1) on-site supervisor who shall be on-site 8 hours per day, from 8:00am to 4:30pm supervising the performance of the valet parking services.

16.2. The Contractor’s candidate for on-site supervisor is subject to the approval of the COR. Approval shall be obtained prior to the on-site supervisor beginning performance under this contract. The COR may also request replacement of the on-site supervisor for failure to satisfactorily perform the supervisor responsibilities identified herein.

16.3. The duties of the on-site supervisor include:

16.3.1. Customer relations.

16.3.2. Contractor personnel training and supervision.

16.3.3. Coordinating all work and other relevant matters with the COR.

16.3.4. Monitoring the flow of traffic and continuously improving valet services.

16.3.5. Coordinating all work and other administrative matters with the COR.

17. Insurance Liability

17.1. Prior to contract performance, the Contractor shall furnish to the Contracting

Officer an insurance certificate indicating they have Workers Compensation and Employees Public Liability Insurance coverage as required by the state of California.

New certifications shall be furnished to the Government at least thirty (30) days prior to the expiration date of the current insurance policy.

17.2. The Contractor shall comply with all applicable federal and state laws regarding liability for the injury or death of an employee in performing the work under this contract and shall hold the Government harmless against any or all loss, cost, damage, claim expense or liability for accident or injury to persons or property occurring in the performance of this contract.

18. Contractor Security Requirements and Background Screening

18.1. In accordance with VHA Directive 0710 Contractor staff providing services under this contract may be subject to a background screening and receive favorable adjudication from the VA prior to contract performance.

18.2. The Contractor shall furnish all applicable employee information required to conduct the investigation, such as the name, address, and social security number of Contractor’s personnel. The VA will provide the Contractor with all the necessary instructions and guidance for the submission of the documents required to conduct the background investigation, if required.

19. Drug/Alcohol Policy

19.1. Contractor shall ensure that all valet parking staff performing under this contract comply with the VA Drug Free Workplace Program.

19.2. Valet parking staff shall 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, operation of vehicles and the safety of Veteran patients, VA employees, visitors, volunteers and/or other valet parking staff.

19.3. Upon request, the Contractor shall be expected to provide evidence or copy of the results of employee drug and alcohol testing.

19.4. Smoking is not permitted within or around the VA facility grounds.

20. Contract Performance

20.1. Quality Assurance

20.1.1. The Contractor shall comply with all appropriate regulations and guidelines of the

Occupational Safety and Health Administration (OSHA), Department of Transportation (DOT), and any other pertinent federal, state, and local policies relating to the work described herein or valet parking services in general.

20.1.2. All tasks accomplished by the contract valet parking staff shall be performed to prevent damage or defacement to valet patron or other vehicles or Government-owned furnishings, fixtures, equipment, and facilities.

20.1.3. The Contractor shall report any damage observed or caused by the Contractor personnel to the COR. The Contractor shall be responsible for the replacement of items or to repair vehicles or facilities to previous condition if the Contractor is determined to be at fault for the damage.

20.2. Monitoring

20.2.1. The COR shall monitor the Contractor's performance. Performance deficiencies identified during the term of the contract shall be reported to the Contractor by the COR or the Contracting Officer. Upon notification of deficiencies or poor performance, the Contractor shall be given a reasonable time to take corrective action.

20.2.2. 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 by the Government.

21. Reports

21.1. The contractor shall submit a monthly report to the Contracting Officer and COR within seven (7) calendar days of the end of each month. Reports to the COR shall be either hand-delivered or submitted electronically via email to the COR.

21.2. Records of valet parking activity shall be maintained daily to facilitate the creation of the report. The monthly report shall include the following:

21.2.1. A summary of the number of vehicles parked by valet attendants based on date and time (sorted by morning or afternoon).

21.2.2. The peak hours during each day of the week and how many vehicles were parked during those peak hours and include a final summary sheet including the total number of vehicles parked by the valet service.

21.2.3. The report shall include documentation of any unusual events by date. Unusual events include incidents, accidents, or special situations with patients, visitors, VA employees, or VA volunteers.

21.2.4. Disclosure of all open claims for vehicle damage or lost/misplaced property.

21.3. Contractor’s reports shall be legible, easy to understand, and should be signed by the Contractor’s on-site supervisor.

21.4. Contractor’s failure to provide required reports may result in delay of payment to the Contractor.

22. Changes to Contract

22.1. The Contractor understands that only the Contracting Officer has the authority to make changes which may affect the contract terms and conditions, quality, quantity, price, and/or delivery of the contract.

22.2. The Contractor shall not accept any instructions issued by any person other than the Contracting Officer or delegated Government representative acting within the limits of his/her authority that would result in a change to the contract terms and conditions, quality, quantity, price, and/or delivery of the contract.

22.3. In the event the Contractor commits to changes at the direction of any person other than the Contracting Officer, the changes shall be considered to have been made without proper authority and no adjustment shall be made in contract terms or price to cover any change in costs incurred as a result thereof.

23. Customer Satisfaction Surveys. VAGLAHS may conduct independent customer satisfaction surveys to evaluate valet services at the LAACC. Participation by Veterans in all surveys shall be voluntary. Results of valet parking surveys conducted by VAGLAHS may be shared with the Contractor, particularly when service improvement is needed.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

(C) The date on which an amount 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 FAR 32.608-2 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

PRODUCTS AND COMMERCIAL SERVICES

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 15 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 5 years.

(End of Clause)

C.4 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause—

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of Clause)

C.5 VAAR 852.212-70 PROVISIONS AND…