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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. DUNS: DUNS+4:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 62
Included on task orders issued against IDIQ.
36C26318Q9672 07-18-2018
Doug Reed 605-336-3230 x 7844 08-20-2018
10:00AM CST
Services Branch
Department of Veterans Affairs
Network Contract Office 23 (NCO 23)
2501 W. 22nd St.
Sioux Falls SD 57105
X 100
X
721110
$15 Million
N/A
Iowa City VA Health Care System
601 Highway 6 West
Iowa City IA 52246-2209
Network Contract Office 23 (NCO 23)
2501 W. 22nd St.
Sioux Falls SD 57105
Financial Services Center
Via The Tungsten Network
Refer to VAAR Clause 852.232.72
See CONTINUATION Page
Description of Services:
Lodging Services for Iowa City VA Health Care System as specified in Section B.3 (Statement of Work).
Please refer to Section B.2 for Price Schedule
Please refer to Section E, Addendum to FAR 52.212-1, for
Instructions to Offerors.
Please refer to Section E, FAR 52.212-2, for Evaluation
Factors.
Offeror shall have active registration in System for Award
Management at https://www.sam.gov prior to award by the
Government.
SDVOSB shall have verified registration in Vet Biz at https://www.vip.vetbiz.gov at time of offer to the
Government.
See CONTINUATION Page
To be cited on all task orders issued against awarded
Indefinite Delivery, Indefinite Quantity (IDIQ) Contract.
X X
X 1
Doug Reed
VA-VHA-SAOC-2016-AC23EC83
36C26318Q9672
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 PRICE SCHEDULE
ITEM INFORMATION
B.3 STATEMENT OF WORK…………………………………………………………………….8
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN
2017)
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.3 52.216-18 ORDERING (OCT 1995)
C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)
C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)
C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)
C.7 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE
POSTER (DEC 1992)
C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED
SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)
C.9 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN
2011)
C.10 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)
C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2012)
C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)
C.13 National Archives and Records Administration (NARA) Records Management Language for Contracts
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)
E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)
E.3 52.216-1 TYPE OF CONTRACT (APR 1984)
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION
(JAN 2008)
E.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) .. 44
E.7 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO
BENEFICIARIES (JAN 2008)
E.8 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) [TAILORED]
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL
ITEMS (NOV 2017)
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: TBD
b. GOVERNMENT: Contracting Officer 36C263 Doug Reed, douglas.reed3@va.gov
Services Branch
Department of Veterans Affairs
Network Contract Office 23 (NCO 23)
2501 W. 22nd St.
Sioux Falls SD 57105
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 through Tungsten Network
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.
Department of Veterans Affairs
Financial Services Center
Via The Tungsten Network
Refer to VAAR Clause 852.232.72
5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 PRICE SCHEDULE
ITEM INFORMATION
Contract guaranteed minimum is $20,000 for the base period of performance and will be awarded at time of contract award via the initial task order.
Contract maximum is $2,000,000 for lifetime of the contract.
Quantities listed are estimates only based on historical data. Actual quantities on task orders can be less than or greater than estimated quantities listed based on Iowa City VA Health Care System needs.
Only warranted Contracting Officers from Network Contracting Office (NCO) 23, Department of
Veterans Affairs can issue task orders against this single award Indefinite Delivery, Indefinite Quantity
(IDIQ) contract:
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES
ESTIMATED
QUANTITY UNIT UNIT PRICE
ESTIMATED
AMOUNT
0001 4,892.00 EA __________________ __________________
Patient Lodging Services for the Iowa City VA Health Care System
Short Term Stay (Under 7 Days)
Ordering Period 1:
11-1-2018 to 10-31-2019
0002 1,223.00 EA __________________ __________________
Extended Stay (Over 7 Days)
Ordering Period 1:
11-1-2018 to 10-31-2019
ORDERING PERIOD 1 ESTIMATED TOTAL: $_______________
(Total Estimated Amount for CLIN 0001 + 0002)
1001 4,892.00 EA __________________ __________________
Ordering Period 2:
11-1-2019 to 10-31-2020
1002 1,223.00 EA __________________ __________________
Ordering Period 2:
11-1-2019 to 10-31-2020
ORDERING PERIOD 2 ESTIMATED TOTAL: $__________________
(Total Estimated Amount for CLIN 1001 + CLIN 1002)
2001 4,892.00 EA __________________ __________________
Ordering Period 3:
11-1-2020 to 10-31-2021
2002 1,223.00 EA __________________ __________________
Ordering Period 3:
11-1-2020 to 10-31-2021
ORDERING PERIOD 3 ESTIMATED TOTAL: $_________________
(Total Estimated Amount for CLIN 2001 + 2002)
3001 4,892.00 EA __________________ __________________
Ordering Period 4:
11-1-2021 to 10-31-2022
3002 1,223.00 EA __________________ __________________
Ordering Period 4:
11-1-2021 to 10-31-2022
ORDERING PERIOD 4 ESTIMATED TOTAL: $__________________
(Total Estimated Amount for CLIN 3001 + 3002)
4001 4,892.00 EA __________________ __________________
Ordering Period 5:
11-1-2022 to 10-31-2023
4002 1,223.00 EA __________________ __________________
Ordering Period 5:
11-1-2022 to 10-31-2023
ORDERING PERIOD 5 ESTIMATED TOTAL: $___________________
(Total Estimated Amount for CLIN 4001 + 4002)
ESTIMATED
GRAND TOTAL
36C26318Q0535
B.3 STATEMENT OF WORK
DESCRIPTION OF SERVICES:
The Iowa City Veterans Affairs Health Care System (ICVAHCS), 601 Hwy 6 West, Iowa City, IA
52242, has a need for Contractor to provide double occupancy hotel rooms within five (5) miles of the hospital for lodging of eligible Veterans in need of treatment at the Iowa City, VA.
ORDERING AUTHORITY:
Task orders against this Indefinite Delivery Indefinite Quantity (IDIQ) contract shall only be made by warranted Contracting Officers of Network Contracting Office (NCO) 23, Department of Veterans
Affairs.
GENERAL REQUIREMENTS:
The prices listed under Section B.2 (Price Schedule) shall be the only items billed for under this contract.
No hidden or additional charges will be invoiced and or paid without the express written approval and consent of the Contracting Officer. Prices offered shall express full and complete compensation for services rendered.
17 rooms may be required on a daily basis for short term patients and 3 rooms for 21-28 days for long term patients. ICVAHCS may request additional rooms dependent on availability by the hotel.
Occasionally, a roll-away bed may be required at no additional charge. Daily room rates, as quoted in
Section B.2 (Price Schedule) shall include all applicable taxes, fees, and any other no-charge services offered to guests of the contracted facility.
Rooms shall be located in any hotel or motel negotiated by the Contractor that meets the requirements as specified in this Statement of Work.
Designated VA personnel will call the hotel to reserve rooms for that night. Reservations shall be made by the
ICVAHCS lodging coordinator (or designee) during administrative hours of 8:00 am through 4:30 pm
Central Time.
CONTRACTOR PROVIDED CONTINENTAL BREAKFAST: The contractor shall provide a continental breakfast to the VA referred occupants.
Facility shall have free parking available on site for those Veterans driving.
Contractor shall provide transportation service for those Veterans requiring transportation to and from contractor's facility; the contractor shall provide transportation for the veteran and/or support person during the hours of 6:30am-6:30pm Central Time. For the hours when shuttle service is not available, the
ICVAHCS will be responsible for providing transportation.
The contractor agrees to maintain, during the term of this contract, vehicular liability insurance for any vehicle it uses to transport Veterans and general public liability insurance in an amount as required by the
State of Iowa.
Contractor shall provide evidence of insurance coverage to VA upon award of IDIQ contract.
Americans with Disabilities Act (ADA) compliant rooms shall be wheelchair accessible and there shall be no physical barriers. All ADA rooms shall comply with the applicable Hotel and Motel Fire Safety Act of
1990 (Public Law 101-391)(15 U.S.C. 2201 et. Seq.) (NFPA Standard 101) and ADA guidelines.
Each room shall be on the ground floor or be elevator serviced. Facility must be ADA accessible. The interior of the room shall not have any stairs.
The fully furnished hotel rooms shall include contractor provided utilities and other specified services
(minimum of TV, clock radio, and local phone access (no deposits required). The hotel/motel rooms shall comply with all city, county and state building codes and ordinances applicable to the ownership and operation of the building in which the rooms are located.
For Extended Stay (Long term Stay) facility patients (to be identified by Iowa City VA Health Care
System and defined as patients staying more than 7 days), contractor shall offer the ability for Veteran to stay at extended stay facility (defined as five days or more) that offers refrigerator, microwave, and kitchenette.
Rooms shall be neat and clean upon veterans check-in. Rooms will be available for check in by 1:00 pm each day. Rooms not clean when addressed by the veteran shall have services rendered within 15 minutes of notification to the hotel front desk staff. For rooms not cleaned within 30 minutes of veteran’s check-in, accommodations (and transportation if required) shall be made by the hotel staff at the hotel’s cost to find another available room in a same class hotel within the Iowa City-Coralville, IA area with required transportation services as called for in this Statement of Work.
The contracted facility shall have a clothes washer and dryer available to Veteran patients.
GENERAL ROOM REQUIREMENTS
Each room shall comply with the following general room requirements:
Net usable space: Each room shall have a minimum of 450 square feet of net usable space.
Floor covering: All type of floor coverings shall be clean; free of stains; odor-free; and free of cracks or tears. Shag style carpets used as floor covering shall be ½” or less in length.
All overhead lights shall be controlled by wall switches. All light bulbs shall have either a shade or globe with the exception of decorator type bulbs.
All windows shall be able to be secured in a closed position. The windows shall be effectively weather-stripped and the window lights shall be free of cracks and shall fit tightly in the window frame.
All windows shall have window treatments consisting of shades, blinds or drapes. The window treatments shall be substantial enough to prevent viewing into the room from outside of the room. In addition, the window treatments shall be capable of substantially darkening the room during daylight hours.
Each room’s exterior door shall be secured with snap lock and dead bolt lock. In addition, exterior doors shall have an exterior light; peep hole fitted with 175 degree viewing lens; if not entering into a climate controlled hallway, the door shall have weather stripping on four sides of door or frame to effectively seal off air leaks.
Each room’s bathroom shall have the following: combination tub/shower; commode; vanity; mirror above vanity; overhead light; exhaust fan which exhausts to outside air; GFI protected electrical outlets; solid floor covering, ceramic tile, composition vinyl tile, or solid vinyl sheet. The facility must have at least one designated room that conforms to ADA requirements for handicap accessible showers and hand rails.
Each room shall be smoke-free. Contractor and contracted facility personnel shall not smoke in the rooms at any time whether or not VA-referred occupants are present.
Each room shall be on the ground floor or be elevator serviced. There shall be no more than four (4) steps up or down from parking areas to the room or to the elevator lobby. The interior of the room shall not have any stairs.
GENERAL FURNITURE PACKAGE REQUIREMENTS
All furniture shall be in good general condition; shall be clean; free of stains and odors; and have no tears or rips in the fabric coverings. Non-upholstered furniture surfaces shall be free of scratches, broken surfaces, splinters, free of stains, and clean. Each room shall have, at a minimum, one double/queen size bed and be equipped with a telephone and television set including free cable television.
Each bed shall be supplied with bed linens which will be freshly cleaned, free of stains, odors, tears, and in good condition.
Contracted facilities shall allow veterans to leave their belongings in the room or have a room available for Veteran to store his/her items until return from his/her appointment. (What does this mean)
Veterans who are authorized to stay at contractor's facility at VA expense will be given an authorization document to present to hotel personnel on check-in. Only those Veterans having that authorization will be approved for VA payment. The VA, at its discretion and specific for Transplant patients, may have the contracted facility called by the Transplant Coordinator for transplant patients. Contracted facility would then accept Veteran patient and support person who provide confirmation number from hotel.
In the event that a VA referred occupant refuses to leave the room, the Contractor shall immediately notify the COR. Also, in the event that a VA referred occupant checks out of the hotel/motel without prior notice from the VA, the Contractor shall immediately notify the COR if the checkout occurs during other than normal business hours.
In the event the contractor is unable to establish a required room for a VA referred occupant, it is the contractor’s responsibility to find and compensate another temporary lodging facility that will meet the same conditions and standards as aforementioned.
PATIENT EMERGENCIES
In the event a VA referred occupant is in an emergency situation of any kind, the Contractor shall contact the 911 emergency medical services to respond to the emergency. Once the emergency has ended the
Contractor shall notify the COR of the situation.
ROOM MAINTENANCE REQUIREMENTS
Daily room maintenance shall comply with all Federal, State and local laws and regulations.
Daily room service shall be provided each room on the following basis:
If a specific room was previously occupied the night before by the same VA referred occupant, the following daily room service shall be performed:
• Make up bed(s). Bed linens shall be changed every three (3) calendar days if the room is continuously occupied by the same VA referred occupant, unless clean linens are requested
• Vacuum all carpeting on a daily basis
• Clean the bathroom floor, vanity sink and mirror, commode, and bath/shower unit.
• Change all used bath linens with laundered bath linens.
• Empty waste paper baskets.
• Replace toilet paper roll when three quarters consumed.
If the previous night’s occupant is different from the VA referred occupant or the next night, the bed linens shall be changed daily as the room occupants change.
GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS
Contractor shall supply all utilities including heat, air conditioning, electricity, water and sewer, local telephone service, and basic television cable service.
Asbestos - No asbestos containing fireproofing or insulation on building structures, acoustical treatment, molded or wet-applied ceiling or wall finishes/decorations, will be permitted. If present, such materials shall be removed by the contractor prior to occupancy by the VA.
Heating and Cooling Requirements:
Each room shall have permanently installed, functioning cooling and heating system with thermostatic control. The heating system is required to maintain a temperature of 80 degrees F. The air conditioning system is required to maintain a temperature of 65 degrees F.
All cooling and heating devices and appliances, including but not limited to furnaces, fireplaces, electrical baseboard heaters and water heaters, shall be approved type in good and safe working order and shall meet all installation and safety codes.
Contractor shall maintain all appliances and utility systems. This shall include the cleaning or replacement of air filters for both the heating system (providing the heating system is a forced hot air heating system) and for the cooling system every thirty (30) calendar days, documentation shall be provided if asked for by the VA COR.
Electrical and Lighting Requirement:
Every room shall be provided with not less than two electric receptacle outlets and two electric light fixtures.
Every toilet room, bathroom, laundry room, furnace room, public hallway, porch and flight of stairs between stories shall contain at least one (1) supplied electric light fixture. Where an interior stairway or public hallway changes in direction, more than one (1) supplied electric light fixture is required.
All electrical equipment, wiring and appliances shall be of an approved type, in good and safe working order and shall meet all installation and safety codes.
Sanitation Requirements:
All plumbing fixtures shall be trapped and vented and connected to an approved sanitary sewer. All sanitary facilities, fixtures, equipment, structures and premises shall be of an approved type, in safe and sanitary condition and in good working order and meet all installation and safety codes.
Telephone Service Requirements:
Contractor shall provide one (1) telephone in each room.
Contractor shall provide local area, touch-tone, telephone service (no deposit required) for each room with long distance lockout to prevent additional charges to the room. The telephone service may be capable of long distance telephone service when long distance calls are placed using a telephone calling card or other telephone charge method.
Telephone service shall be equipped with voice messaging system or front desk message service.
Fire Safety:
Buildings in which space is offered shall be evaluated in accordance with latest editions of the NFPA
STANDARD 101, LIFE SAFETY CODE and AMERICAN DISABILITIES ACT (ADA).
Equipment, services, or utilities furnished and activities of other occupants shall be free of safety, health, and fire hazards. When hazards are detected, the contractor shall promptly correct hazards.
Maintenance of contractor-owned fire extinguishers shall be provided by the contractor in accordance with NFPA Standard No. 101. As required by code, smoke detectors/alarms shall be installed in each room, office, storage area, hallways and other common areas. Required testing shall be performed, documented and a copy of the Inspection report shall be provided to the VA COR if requested.
Wheelchair Accessibility:
Rooms will be wheelchair accessible. Common areas such as hallways shall provide for accessible path of travel for wheelchairs.
Elevators:
If elevators are a part of the room complex, they shall conform to the latest requirements of the
American National Standard A171 and A171a Safety Code for Elevators, except for elevator emergency recall and shall be inspected and maintained in accordance with American National Standard A17.1, Inspector’s Manual for Elevators or equivalent local code. The elevators shall also comply with local codes and ordinances. A copy of current Inspection report shall be furnished to the VA COR if requested.
Miscellaneous:
No activity to the building and/or grounds that would cause an increase in dust, dirt or spores to be airborne (i.e., renovation to the building, movement of earth on the grounds) shall take place without the contractor’s written notification to the VA at least seven (7) calendar days in advance of the event.
Inspection:
The Government reserves the right, at any time before and after contract award and during the term of the contract, to inspect the rooms and all other areas of the complex access to which is necessary to ensure a safe and healthy environment for the VA referred occupants.
HOTEL AND MOTEL FIRE SAFETY ACT COMPLIANCE
To be eligible for award under this solicitation, the offeror must propose for use, a facility that is compliant with the requirements of the Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391)(15
U.S.C. 2201 et. Seq.) And be listed on the U.S. Fire Administration Hotel and Motel National Master List found at http://www.usfa.dhs.gov/applications/hotel/. Offers proposing facilities that are not listed will be rejected as nonresponsive. In addition, the offeror’s facility must be compliant with the requirements of the Americans with Disabilities Act (Public Law 101-336) (42 U.S.C. 12101 et. Seq.).
FACILITY INSPECTION
Inspection of facility will be conducted by VA personnel before award of contract verifying that all safety requirements are met per VA standards as listed above.
SERVICE CONTRACT ACT REQUIREMENTS
This requirement is applicable to the Service Contract Act and contracted facilities shall follow U.S
Department of Labor Wage Determinations in setting hourly rates for following personnel applicable to this:
Contracted facility with coordination of Contractor is responsible for reviewing wage determinations as changes occur; these can be accessed at https://www.wdol.gov/sca.aspx, referenced by State (Iowa), then
County (Johnson). A copy of U.S. Department of Labor Wage Determination is also provided as
Solicitation Attachment 1.
Occupation Code Title
11122 Housekeeping Aide
11150 Janitor
11210 Laborer, Grounds Maintenance
99050 Desk Clerk https://www.wdol.gov/sca.aspx
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS (JAN 2017)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any
Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the
Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR
52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the
Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds
Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other
Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by
EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act
(31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the
Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the
Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the
Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in
32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31
U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;
18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety
Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) System for Award Management (SAM).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.
To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in
FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart
32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.
(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.
https://www.acquisition.gov/
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the
EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the
Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Clause)
FAR
Number
Title Date
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
AND REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS
APR 2014
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED
PAPER
MAY 2011
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR
PERSONNEL
JAN 2011
52.217-8 OPTION TO EXTEND SERVICES NOV 1999
FAR
Number
Title Date
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
DEC 2013
52.237-3 CONTINUITY OF SERVICES JAN 1991
C.3 52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 11-01-2018 through 10-31-2023.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of Clause)
C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $20,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of $2,000,000;
(2) Any order for a combination of items in excess of $2,000,000; or
(3) A series of orders from the same ordering office within one (1) calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph
(b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the
Government may acquire the supplies or services from another source.
C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the
Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the
"maximum." The Government shall order at least the quantity of supplies or services designated in the
Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the
Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 10-31-2023.
(End of Clause)
C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)
The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.
(End of Clause)
C.7 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS
HOTLINE POSTER (DEC 1992)
(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans
Affairs Hotline posters prepared by the VA Office of Inspector General.
(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector
General (53E), P.O. Box 34647, Washington, DC 20043-4647.
(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.
C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED
VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)
(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:
(1) Means a small business concern:
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);
(ii) The…
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