S02 - BUS TRANSPORTATION.pdf

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Attached to
V999--Bus Transportation Services Federal contract opportunity
Solicitation number
36C26224R0093
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 22

About this file

This document is a solicitation for Bus Transportation services for the VA Greater Los Angeles Healthcare System (VAGLAHS). The Department of Veterans Affairs Network Contracting Office 22 is issuing this 100% small business set-aside procurement, with a principal NAICS code of 485991 - Special Needs Transportation.

The key details are:

  • Two bus routes are required - Route #1 from Bakersfield and Route #2 from San Luis Obispo, with specific pickup/drop-off locations and schedules.
  • The contract is for a base year from January 1, 2025 to December 31, 2025, with four 1-year option periods.
  • Offerors must provide buses with a minimum of 40 passenger seats and 2 wheelchair positions, equipped with amenities like WiFi, wheelchair lifts, and restrooms.
  • The contractor must have a quality assurance plan, provide trained and licensed drivers, and meet insurance requirements.
  • Proposals are due September 23, 2024 by 3pm PDT to Danielle.Carroll4@va.gov.

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36C26224R0093 0004_1.docx DOCX document
36C26224R0093 0003.docx DOCX document
36C26224R0093 0002.docx DOCX document
36C26224R0093 0001_1.docx DOCX document
36C26224R0093_2.docx DOCX document
D.4 - REFERENCE SHEET.docx DOCX document
D.5 - PREAWARD CHECKLIST.docx DOCX document

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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. 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

691-25-1-221-0001

36C26224R0093 08-26-2024

Danielle Carroll 562-766-2240 09-23-2024 3pm PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 x

485991

$19 Million

N/A

X

36C262

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

Los Angeles, CA 90073

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 Submit Invoices Electronically to:

www.Tungsten-Network.com

1 (877) 489 6135

See CONTINUATION Page

Bus Transportation for the VA Greater Los Angeles Healthcare System (VAGLAHS)

Offerors shall sign this 1449 indicating that they agree with All the terms and conditions of the solicitation and impending Contract. The signed 1449 shall be returned with the Offeror’s Price Quote and response to the evaluation factor.

This is a 100% small business set aside procurement.

Questions are due directly to Danielle.Carroll4@va.gov on September 2nd, 2024

Proposals are due directly to Danielle.Carroll4@va.gov on September 23rd, 2024

See CONTINUATION Page

X X x 1 mailto:Danielle.Carroll4@va.gov mailto:Danielle.Carroll4@va.gov

36C26224R0093

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 2023)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION – LOS ANGELES COUNTY

D.2 WAGE DETERMINATION – KERN COUNTY

D.3. WAGE DETERMINATION – SAN LUIS OBISPO COUNTY

D.4. REFERENCE CONTRACT WORKSHEET (SEE ATTACHED)

D.5. PRE-AWARD CHECKLIST (SEE ATTACHED)

SECTION E – SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 INSTRUCTIONS TO OFFERORS—PROPOSAL SUBMISSION

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (NOV 2021)

E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

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: Department of Veterans Affairs, Network Contracting Office -22 Danielle Carroll, Contract Specialist 4811 Airport Plaza Drive Suite 600, Long Beach, CA 90815 Telephone number: 562-766-2240 Email: Danielle.carroll4@va.gov

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, [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

c. Other [x]: Monthly

4. GOVERNMENT INVOICE ADDRESS: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing. If you have any questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

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

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

• Website: www.tungsten-network.com

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

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

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

AMENDMENT NO DATE

mailto:VA.Registration@Tungsten-Network.com http://www.tungsten-network.com/ mailto:vafsccshd@va.gov

B.2 SCHEDULE OF SERVICES AND PRICE

This is a firm fixed-price contract for Bus Transportation services. Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

BASE YEAR: JANUARY 1, 2025 – DECEMBER 31, 2025

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTIT

Y

UNI

T

UNIT PRICE PER

MONTH AMOUNT PER YEAR

0001 Route # 1 Bakersfield Contract Period: Base POP Begin: 01-01-2025 POP End: 12-31-2026

PRINCIPAL NAICS CODE:

485991 - Special Needs Transportation

PRODUCT/SERVICE

CODE: V999 -

Transportation/Travel/Relocat ion - Other: Other

12.00 MO

0002 Route# 2 San Luis Obispo Contract Period: Base POP Begin: 01-01-2025 POP End: 12-31-2026

PRINCIPAL NAICS CODE:

485991 - Special Needs Transportation

PRODUCT/SERVICE

CODE: V999 -

Transportation/Travel/Relocat ion - Other: Other

12.00 MO

OPTION YEAR 1: JANUARY 1, 2026 – DECEMBER 31, 2027

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTIT

Y

UNI

T

UNIT PRICE PER

MONTH AMOUNT PER YEAR

1001 Route # 1 Bakersfield Contract Period: Option 1 POP Begin: 01-01-2026 POP End: 12-31-2027

PRINCIPAL NAICS CODE:

485991 - Special Needs Transportation

PRODUCT/SERVICE

CODE: V999 -

Transportation/Travel/Relocat ion - Other: Other

1002 Route# 2 San Luis Obispo Contract Period: Option 1 POP Begin: 01-01-2026 POP End: 12-31-2027

PRINCIPAL NAICS CODE:

485991 - Special Needs Transportation

PRODUCT/SERVICE

CODE: V999 -

Transportation/Travel/Relocat ion - Other: Other

OPTION YEAR 2: JANUARY 1, 2027 – DECEMBER 31, 2028

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTIT

Y

UNI

T

UNIT PRICE PER

MONTH AMOUNT PER YEAR

2001 Route # 1 Bakersfield Contract Period: Option 2 POP Begin: 01-01-2027 POP End: 12-31-2028

PRINCIPAL NAICS CODE:

485991 - Special Needs Transportation

PRODUCT/SERVICE

CODE: V999 -

Transportation/Travel/Relocat ion - Other: Other

2002 Route# 2 San Luis Obispo Contract Period: Option 2 POP Begin: 01-01-2027 POP End: 12-31-2028

PRINCIPAL NAICS CODE:

485991 - Special Needs Transportation

PRODUCT/SERVICE

CODE: V999 -

Transportation/Travel/Relocat ion - Other: Other

OPTION YEAR 3: JANUARY 1, 2028 – DECEMBER 31, 2029

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTIT

Y

UNI

T

UNIT PRICE PER

MONTH

AMOUNT PER YEAR

3001 Route # 1 Bakersfield Contract Period: Option 3 POP Begin: 01-01-2028 POP End: 12-31-2029

PRINCIPAL NAICS CODE:

485991 - Special Needs Transportation

PRODUCT/SERVICE

CODE: V999 -

Transportation/Travel/Relocat ion - Other: Other

3002 Route# 2 San Luis Obispo Contract Period: Option 3 POP Begin: 01-01-2028 POP End: 12-31-2029

PRINCIPAL NAICS CODE:

485991 - Special Needs Transportation

PRODUCT/SERVICE

CODE: V999 -

Transportation/Travel/Relocat ion - Other: Other

OPTION YEAR 4: JANUARY 1, 2029 – DECEMBER 31, 2030

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTIT

Y

UNI

T

UNIT PRICE PER

MONTH

AMOUNT PER YEAR

4001 Route # 1 Bakersfield Contract Period: Option 4 POP Begin: 01-01-2029 POP End: 12-31-2030

PRINCIPAL NAICS CODE:

485991 - Special Needs Transportation

PRODUCT/SERVICE

CODE: V999 -

Transportation/Travel/Relocat ion - Other: Other

4002 Route# 2 San Luis Obispo Contract Period: Option 4 POP Begin: 01-01-2029 POP End: 12-31-2030

PRINCIPAL NAICS CODE:

485991 - Special Needs Transportation

PRODUCT/SERVICE

CODE: V999 -

Transportation/Travel/Relocat ion - Other: Other

GRAND TOTAL:

B.3 STATEMENT OF WORK

1. GENERAL PROCEDURE:

1.1. The Contractor shall provide transportation for veterans and caregivers per the established routes in this statement of work in support of the VA Greater Los Angeles Healthcare System (VAGLAHS).

1.2. The Contractor shall provide all personnel, supervision, transportation services, vehicles, vehicle maintenance, fuel, supplies and equipment necessary to safely transport authorized veteran patients and authorized caregivers to and from the veteran patients verified appointments.

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

2. ROUTES:

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

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

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

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

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

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

2.2.3. The Contractor shall use two (2) drivers for Route#2 San Luis Obispo.

The second driver shall board the bus on the return route and complete the route each day.

2.2.4. Transportation shall include vehicles with the capacity to provide transportation for up to forty (40) seated passengers and a minimum of two

(2) wheelchair passengers.

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

(afternoon break).

2.2.6. ROUTE# 1 (Bakersfield): The Contractor shall provide transportation for authorized veterans and their authorized caregivers per the stops and times indicated below:

2.2.6.1.

LOCATION Address Bus Arrival Bus Departure

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

1801 Westwind Dr.

Bakersfield, CA

6:30 a.m. 6:50 a.m.

U.S. Post Office 49744 Gorman Post Road, Lebec, CA 93243

7:50 a.m. 8:05 a.m.

Sepulveda Ambulatory Care Center

(SACC)

16111 Plummer St. North Hills, CA

9:00 a.m. 9:45 a.m.

VA West Los Angeles Campus

(WLA)

11301 Wilshire Los Angeles, CA

10:45 a.m. 12:30 p.m.

VA Sepulveda Ambulatory Care Center (SACC)

16111 Plummer St. North

1:00 p.m. 2:15 p.m.

Driver Lunch 1:15 p.m. 1:45 p.m.

(WLA) (See Note*)

11301 Wilshire Los Angeles, CA.

2:45 p.m. 3:35 p.m.

U.S. Post Office 49744 Gorman Post Rd., Lebec, CA 93243

5:00 p.m. 5:15 p.m.

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

1801 Westwind Dr.

Bakersfield, CA

5:45 p.m.

NOTE: * Patients who may have not been scheduled may be allowed to be transported (return trip only), if there are available seats and ONLY if authorized and verified by the COR.

2.2.7. ROUTE# 2: The Contractor shall provide transportation for authorized veterans and their authorized caregivers per the stops and times indicated below:

2.2.7.1.

LOCATION Address Bus

Arrival Bus Departure

Veterans Memorial Building 801 Grand Ave.

San Luis Obispo, CA

6:00 a.m. 6:15 a.m.

VA Santa Maria Ambulatory Care Clinic (VASMACC)

1500 East Main Santa Maria, CA

6:45 a.m. 7:00 a.m.

VA Santa Barbara Ambulatory Care Center (VASBACC)

4400 Calle Real Santa Barbara, CA

8:15 a.m. 8:30 a.m.

VA Ventura Community Based Outpatient Clinic

5250 Ralston St

Ventura, CA 93033

9:30 a.m. 9:45 a.m.

11301 Wilshire Los Angeles, CA

10:40 a.m. 11:00 a.m.

VA Sepulveda Ambulatory Care Center (SACC)

16111 Plummer St. North

11:30 a.m. 2:45 p.m.

Driver Lunch 11:45 a.m. 12:15 p.m.

11301 Wilshire Los Angeles, CA

3:30 p.m. 3:40 p.m.

VA Ventura Community Based Outpatient Clinic

5250 Ralston St

Ventura, CA 93033

5:00 p.m. 5:15 p.m.

VA Santa Barbara Ambulatory Care Center (VASBACC)

4400 Calle Real Santa Barbara, CA

6:20 p.m. 6:25 p.m.

VA Santa Maria Ambulatory Care Clinic (VASMACC)

1500 East Main Santa Maria, CA

7:30 p.m. 7:35 p.m.

Veterans Memorial Building 801 Grand Ave

San Luis Obispo, CA

8:00 p.m.

3. EQUIPMENT REQUIREMENTS:

3.1. The Contractor shall ensure that all vehicles meet the following requirements:

3.1.1. Vehicles shall be designed as a motor coach with the following minimum accommodations for both routes:

3.1.1.1. A forty-four (44) passenger motor coach shall accommodate a minimum of two (2) wheelchair passengers.

3.1.1.2. A forty (40) passenger motor coach shall accommodate a minimum of two (2) wheelchair passengers.

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

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

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

3.1.5. Each vehicle shall have a functional and maintained restroom.

3.1.6. Bus storage (under bus) shall accommodate forty (40) passengers.

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

3.1.8. Each vehicle shall be no more than five (5) years old and have no more than 250,000 miles placed on the vehicle per year.

4. ADDITIONAL VEHICLES REQUIREMENTS:

4.1. Buses shall meet all current applicable Federal, State and Local specifications and regulations including, but not limited to, licensing, registration and safety standards. Contractor shall be responsible for transportation for two (2) routes and have buses available for back up in the event contingency situations.

.2. Contractor shall have back-up buses that meet the same requirements as the primary buses. In the event of a contingency or emergency where a back-up bus will be required, the back- up bus shall arrive to transport patients within 1-hour from being notified.

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

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

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

4.3.3. Steps treated with non-skid material.

4.3.4. Emergency flares and warning lights.

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

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

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

4.3.8. Operational two-way radio, cell phone, or other communication device capable of contacting Contractor's dispatch office (VAGLAHS - 310-478-3711 X 44634 and 44535).

4.3.9. Destination sign identifying where the shuttle is going.

4.4. The vehicles shall also be equipped with the following:

4.4.1. High back recliner seats with adjustable arm rests.

4.4.2. Individual seat belts for each seat.

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

4.5. Vehicles shall be registered in the state of California.

4.6. Vehicles shall have current registration.

4.7. Vehicles shall be clean, regularly maintained, and in good repair always during the performance of this contract.

4.8. Vehicles shall undergo continual preventive maintenance

4.9. The Government reserves the right to inspect Contractor equipment and vehicles and require documentation of compliance with contract specifications. Such an inspection, if conducted, does not constitute a warranty by the Government that the Contractor's vehicles and equipment are properly maintained. The Government reserves the right to restrict the Contractor's use of any equipment and vehicles which are determined to need repair, unclean, unsafe, damaged on the interior or exterior body, and/or are not in compliance with contract specifications. The restriction of such equipment and vehicles shall not relieve the Contractor from providing all required services as defined herein.

5. PATIENT TRANSPORTATION REQUIREMENTS:

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

5.2. Patients without Appointments: All patients without appointments shall be instructed to call the COR (VAGLAHS). The driver shall only provide transportation for patients that have been authorized by the COR in writing.

5.3. The driver shall not leave any patients brought from VA Santa Barbara (VASB) or VA Bakersfield Community Based Outpatient Clinic (VABCBOC) that are on the list to return.

5.4. Ten (10) minutes prior to departure for the buses to return to place of origin, the driver shall contact the COR if the patient cannot be located. If the Patient cannot be located by the COR, the COR and the Driver shall inform the Administrative Officer of the Day (AOD) at ext. 40501, 40502 (VAGLAHS).

5.5. Only the AOD may give permission to the driver to leave the patient and the AOD shall provide alternative transportation or overnight arrangements for the patient when required. The Contractor shall follow incident reporting procedures.

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

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

5.8. Only veterans with an appointment and or confirmed reservation shall ride the bus from San Luis Obispo and VABCBOC. If the veteran does not have an appointment and a reservation is not listed on the VA provided daily transportation log, the driver shall not allow the person(s) on board.

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

5.10. Driver may transport therapy or service animal only if space is available. If animal displays aggressive behavior, driver can refuse therapy animal with COR permission.

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

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

5.13. Disruptive Patients: If a patient (and/or their escort) becomes disruptive while the bus is in operation, the driver shall pull over at a safe location and tell the patient (and/or their escort) to calm down or the police will be called. The driver is required to report the incident to Transportation Office. The driver shall also complete a report (summary of event) and give to the VAGLAHS Transportation Department.

5.14. The Contractor shall provide the COR with the cell phone numbers of the bus drivers for emergencies purposes (which must be kept up to date).

6. ADDITIONAL INFORMATION:

6.1. The Contractor shall be required to keep a log of all passengers, reflecting sign-in/sign-out stops for each passenger by name. The originating clinics will print out the rider - Patient/Veteran list for the drivers. The list shall include the riders Patient/Veteran’s name, last four of the social security number and the clinic the Veteran’s appointment is located at.

6.2. If the bus is late, broken down (or any other reason the bus will be late or not arrive), the driver shall contact VAGLAHS at: 310-478-3711 Ext 43565 (AOD) or Ext. 40501 or 40502.

6.3. When the buses arrive at the first location, the driver originating from San Luis Obispo will give WLA campus’ Business Office a copy of the appointment list. The Bakersfield bus driver will give a copy of the appointment list to the VASACC Business office. The driver shall safe guard the appointment list and report to the COR or Privacy officer if the lists are missing. At the end of the day, the Bakersfield contract driver will place the list in a sealed envelope for the administrative officer and hand the list to the guard. In the evening, the Santa Maria driver shall place the list in a sealed envelope and give it to the Santa Maria guard the next morning for the administrative supervisor. If the originating clinic does not receive the list, the receiving clinic will report it to the Privacy Officer as lost and include a duplicate list containing all the Veteran/Patient’s names and last 4 Social Security Number (SSN) on the list for the day it was lost or missing.

7. CONTRACTOR'S QUALITY’S ASSURANCE PLAN:

7.1. The Contractor shall provide to the Contracting Officer, a copy of the Contractor's Quality Assurance Plan. This document shall identify the management concept for ensuring compliance with all contract requirements and shall include the following:

7.1.1. Contingency plan: A description of the Contractor’s plan of transport patients (include wheelchair patients) in the event the bus breaks down. This plan shall include delays of less than forty-five (45) minutes and more than forty-five (45) minutes.

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

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

7.1.4. Severe Weather: The Contract Manager shall advise the COR of any specific weather conditions that warrant a schedule change. The COR must approve any change to the schedule in advance.

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

7.1.6. Other Adjustments: The Contracting Officer may verbally authorize a change in schedule when unforeseeable events require an adjustment in the route or schedule.

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

(6) months.

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

7.1.9. The Contractor shall identify all regular and replacement vehicles the Contractor intends to utilize, and the vehicle list shall be updated when vehicles are replaced.

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

7.2. Any changes to the initial plan shall be submitted within seven (7) days before implementation to the COR and Contracting Officer for approval.

7.3. The Contracting Officer reserves the right, at no additional cost to the Government, to schedule weekly, monthly, or quarterly visits with the Contractor to discuss performance.

Contractor shall have at least one person attending these mandatory meeting that is able to make decisions on their behalf.

8. CONTRACTOR PERSONNEL:

8.1. Contractor and contractor personnel assume responsibilities that directly affect the safety, well-being, and security of VA Patients. All Contractor personnel hold a position of trust that requires maturity, stability, reliability, and good character. The Contractor shall provide (and is responsible) personnel that have initiated a background check (and passed), are properly licensed, screened/vetted, trained, authorized by the state, and qualified to perform the required services.

The Contractor’s employees are employees of the Contractor and shall not be considered VA employees for any purpose.

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

8.3. Driver shall have at least three (3) years of experience driving a bus with a minimum of (48) passengers.

8.4. Drivers shall not have any DUI offenses on driving record.

8.5. Contractor shall provide conflict resolution training for each driver and provide certificate to

COR.

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

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

10. FAILURE TO PROVIDE SERVICE: If the Contractor fails to furnish the required services within the time frames established, VAGLAHS reserves the right to obtain the service from another source and charge the Contractor for any excess cost that may be incurred as a result. The Contractor shall also give notice within 24 hours of transportation services not completed in accordance with contract requirements and specify reason for not completing the service.

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

12. INSURANCE REQUIREMENTS: The Contractor is required to have adequate insurance to cover claims related to any accidents due to inadequate performance of duty by drivers.

12.1. Commercial liability insurance: The Contractor shall provide the Commercial liability insurance coverage required under the State of California laws and regulations, prior to the performance of services under that awarding contract. The contractor shall provide a copy of the insurance certificate to the COR and Contracting Officer within 5 days of contract award.

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

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

12.4. Automobile Liability: The Contractor shall provide Automobile Liability insurance in accordance with the laws of the State of California.

12.5. Evidence of Coverage: Award of a contract cannot be made until the Contractor furnishes to the Contracting Officer, a certificate from his/her insurance company indicating that coverage outlined in the above schedule, has been obtained and that it may not be changed or canceled without written notice to the Contracting Officer. The furnishing of such evidence of insurance coverage may not be waived. The insurance policy must include a thirty-day notice of change or cancellation.

13. HOLIDAYS:

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

13.2. The Contractor is not required to provide services on the following holidays unless otherwise directed:

13.2.1.

New Year’s Day 1 January

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth 19 June

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day 4th Thursday in November

Christmas Day 25 December

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

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

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices.

http://www.tungsten-network.com/US/en/veterans-affairs/

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 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…

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