36C77623Q0063.docx

36C77623Q0063

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

36C77623Q0063 01- -2023 Laura Nabity, Contract Specialist 612-330-3618 01-25-2023 13:00

CST

36C776 Department of Veterans Affairs Program Contracting Activity Central Regional Procurement Office, Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 X X 541611 $21.5 Million N/A X 36C776 Department of Veterans Affairs Program Contract Activity Central Attn: Laura Nabity, PCAC CS 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 36C776 Department of Veterans Affairs Program Contracting Activity Central Services Team, PCAC 6150 Oak Tree Blvd, Suite 300 Independence OH 44131

VAFSC

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically https://www.fsc.va.gov/einvoice.asp e-Invoice Setup Info Phone 877-489-6135 877-353-9791 512-460-5429 See CONTINUATION Page Acquisition Utilization Specialists (AUS/1101s) for eight (8) VA Network Contracting Offices (NCOs) and PCAC In accordance with 38 U.S.C. 8127, this is a SDVOSB set-aside for a single award fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract.

See Task Orders X X X one Andrew Schoenecker Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Andrew Schoenecker, Lead Contracting Officer

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

https://www.fsc.va.gov/einvoice.asp

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

3,984.00 hr

Acquisition Utilization Specialists (AUS) to provide off-site support for NCO 1 according to the PWS.

(This is an estimated number of hours; hours needed may vary based on need and funding.)

Contract Period: Base POP Begin: 02-20-2023 - POP End: 02-19-2024 PRINCIPAL NAICS CODE: 541611 - Administrative Management and General Management Consulting Services PRODUCT/SERVICE CODE: R707 - Support - Management: Contract/Procurement/Acquisition Support

Acquisition Utilization Specialists (AUS) to provide off-site support for NCO 9 according to the PWS.

Contract Period: Base POP Begin: 02-20-2023 - POP End: 02-19-2024

Acquisition Utilization Specialists (AUS) to provide off-site support for NCO 10 according to the PWS.

Contract Period: Base POP Begin: 02-20-2023 - POP End: 02-19-2024

Acquisition Utilization Specialists (AUS) to provide off-site support for NCO 12 according to the PWS.

Contract Period: Base POP Begin: 02-20-2023 - POP End: 02-19-2024

Acquisition Utilization Specialists (AUS) to provide off-site support for NCO 15 according to the PWS.

Contract Period: Base POP Begin: 02-20-2023 - POP End: 02-19-2024

Acquisition Utilization Specialists (AUS) to provide off-site support for NCO 16 according to the PWS.

Contract Period: Base POP Begin: 02-20-2023 - POP End: 02-19-2024

Acquisition Utilization Specialists (AUS) to provide off-site support for NCO 17 according to the PWS.

Contract Period: Base POP Begin: 02-20-2023 - POP End: 02-19-2024

Acquisition Utilization Specialists (AUS) to provide off-site support for NCO 23 according to the PWS.

Contract Period: Base POP Begin: 02-20-2023 - POP End: 02-19-2024

Acquisition Utilization Specialists (AUS) to provide off-site support for PCAC according to the PWS.

Contract Period: Base POP Begin: 02-20-2023 - POP End: 02-19-2024

GRAND TOTAL

This IDIQ’s contract minimum guarantee is $10,000; the maximum spend (ceiling) shall not exceed $6,750,000.00.

B.3 PERFORMANCE WORK STATEMENT (PWS)

Acquisition Utilization Specialists (AUS/1101s)

1. INTRODUCTION

The U.S. Department of Veterans Affairs (VA), Veterans Health Administration (VHA), has a need for an experienced contractor who has six (9) or more years of experience supplying acquisition support services to federal agencies. The experienced contractor shall provide senior expert Acquisition Utilization Specialists (AUS) who have extensive knowledge and federal government contracting experience in all stages of the acquisition life cycle. Contractor personnel will work off-site (virtually /remotely) for one of eight (8) VA Network Contracting Offices (NCOs) identified in Attachment D.1. or for the Program Contracting Activity Central (PCAC) office. The Contractor shall provide senior qualified personnel to perform non-personal acquisition support services in accordance with this Performance Work Statement (PWS) and Federal Acquisition Regulation (FAR) Part 7.503(c)(12). Contractor personnel shall provide diverse acquisition support services to VA officials and stakeholders in all phases of the acquisition lifecycle including, but not limited to requirements for Medical Sharing, Services, Commodities/Supplies, Specialized Procurements, Leasing, Utilities, Construction, and/or Architectural and Engineering (A&E) in both pre-award and post-award activities and administration.

Acquisition utilization support services may include, but is not limited to strategy, planning, data analysis, requirements and/or documentation development, preparing Independent Government Cost Estimate (IGCE), compliance reviews for acquisition documents and forms. AUS shall provide advisory support and assist functional area technical experts with the development of writing requirements into sound/sufficient Statement of Work (SOW), PWS and/or Orders. Other support functions may include acquisition planning, solicitation preparation, market research/analysis, source selection document preparation, administration of terms and conditions, preparing contract modifications and documents, cost/price analysis, development of analytics, creating reports, preparation of contract termination documents, and drafting contract close-out documents.

2. CONTRACTOR REQUIREMENTS and RESPONSIBILITIES

2.1. Personnel Placement

2.1.1. Contractor shall provide a sufficiently detailed resume of experience for each proposed personnel to the Government‘s Contracting Officer Representatives (COR) to approval and verify education and experience requirements.

2.1.2. Contractor will pre-screen the resumes to ensure each proposed candidate has met the minimum requirements shown below in section 3.6. and to ensure each resume shows specific and detailed federal government procurement experience.

2.1.3. Contractor shall effectively fill and place qualified personnel at each NCO/PCAC office within 40 calendar days of contract award.

2.1.4. Contractor will ensure all required information for onboarding and all background investigation paperwork (including eQUIP) is submitted/completed within seven (7) calendar days. VA staff will assist the individual in obtaining Personal Identity Verification (PIV) card and system access to VA networks.

2.2. Personnel Maintenance

2.2.1. Turnover: The Contractor shall minimize the effect and impact to the VA by strategically managing contractor personnel turnover to the greatest extent possible throughout the life of the contract. Contractor shall ensure continuation of services during prolonged personnel absences due to sickness, leave and voluntary or involuntary termination from employment such that impact to the Government is minimal. Once a Contractor is aware that an employee is leaving and will no longer support a task, the Contractor shall provide written documentation (email) to the Contracting Officer (CO) and the Contracting Officer Representative (COR) within three (3) business days of the employee advising the Contractor of their intent to leave. The written notification shall include the date and time the position will be vacant, the reason the employee will no longer work on the task, anticipated replacement date, and what management action will be taken to ensure task completion. Any position vacancies shall not exceed fourteen (14) calendar days unless directed or approved, in writing, by the CO.

2.2.2. Replacement/Substitution: Prior to replacing/substituting key personnel performing on this contract, the Contractor shall provide a sufficiently detailed Qualification Summary/Resume of proposed personnel for Government (COR) approval/verification of education and experience requirements.

2.2.3. Government Equipment and Badges: Contractor shall ensure all government furnished equipment (GFE) and PIV cards are returned to the VA (or relevant COR) when the contract ends or when an employee leaves for any reason prior to contract end.

2.3. Supervisory Controls

The day-to-day supervision and direct control over the work performed by off-site or remote contractor personnel will be the sole responsibility of the Prime Contractor. The Government will not supervise contractor personnel, prepare contractor personnel work schedules, or control the method by which the contractor personnel perform the required tasks. The Government will only provide tasks to contractor personnel for execution. The contractor personnel will work independently and keep the relevant CO and/or COR informed of all actions assigned. All assignments will be completed in a timely fashion. Work will be reviewed by the relevant CO and/or COR for compliance with VA policies, FAR and VAAR regulations, overall objectives, and effectiveness in achieving results.

2.4. Quality Assurance (QA) / Acceptance Quality Limit (AQL)

The government reserves the right to survey all services received under this contract to determine whether the Contractor is meeting performance standards, service levels, and objectives. The Government has the right to change or modify inspection methods at its discretion.

2.4.1. Quality Control: Contractor shall develop and maintain its own quality control program / inspection plan that assures compliance with all requirements of this contract. Contractor employees must achieve an accuracy rate of 90% or higher for Quality of Contractual Documentation. Contractor employees must achieve a productivity rate of 90% or higher for Timeliness and Productivity. Contractor employee’s communication/ actions/behavior (speaking and writing) shall be courteous, cooperative, and professional 90% or higher for Customer Service.

2.4.2. Acceptance Quality Level: As a minimum, the Contractor’s plan should address these items shown below for the Acceptance Quality Level (AQL) during the contract’s performance period.

Vacancies due to turnover filled with qualified personnel within 14 days for replacements.

Prior coordination 100% of the time for replacement personnel. No more than three (3) instances of failure to fill vacancies with qualified personnel within 14 days of vacancy notification.

2.4.3. COR Reviews: Each delegated COR is responsible for technical administration and will conduct a monthly quality review (formal or informal) for contractor employee compliance with the terms of the contract. In the event one or more quality standards are not met for two consecutive months without any contractor effort in improvement the CO will initiate appropriate action with the Contractor, up to and including possible contract termination.

3. AUS REQUIREMENTS

3.1. Acquisition Utilization Specialists – Major Duties and Responsibilities The Contractor shall provide acquisition support service assisting in:

3.1.1. Writing requirements into sound and sufficient SOWs, PWSs, and/or Task/Delivery Orders;

3.1.2. Performing and/or evaluating market research, trends, conditions, alternative sources, and technological advances as they apply to the program;

3.1.3. Researching and reviewing all applicable policies, guidance, and regulations to support the customer and Contracting Officer (CO) in their decision making;

3.1.4. Providing business advice and assistance to functional area technical experts, requiring activities, and customers;

3.1.5. Collaborating with customers and stakeholders on performance requirements among multiple sites and service lines to obtain agreement, standardize enterprise equipment, supply and/or service requirements in support of strategic acquisition plans;

3.1.6. Analyzing and assisting in the development of IGCEs;

3.1.7. Drafting/preparing contractual related documents, forms, and solicitations;

3.1.8. Reviewing procurement documents for accuracy, adequacy, and completeness;

3.1.9. Refining and improving source selection evaluation criteria;

3.1.10. Analyzing and evaluating pricing data and other types of pricing information to draft a price reasonableness recommendation for the CO;

3.1.11. Working with the technical experts and the CO to ensure project milestones are reflected in the contractual documents and project plan;

3.1.12. Coordinating and assisting with the planning, preparing, developing, executing, and maintaining of current acquisition plans, strategies, and overall program office acquisition administration functions including program control and tracking;

3.1.13. Establishing perimeters and maintaining controls to ensure contracts are executed in accordance with terms and conditions;

3.1.14. Providing CO and/or Contract Specialist(CS) advice on all phases of negotiation for contract modifications, change orders, supplemental agreements and delivery order processes including requirements requiring definitions, justification and approval for service contract extension, method of contracting, evaluation of proposals and advice concerning contract administration;

3.1.15. Monitoring quality assurance surveillance plans (QASPs) to ensure contracted services meet contract requirements along with the expectations and needs of the facility; and

3.1.16. Performing post-award administration in support of NCO Contracting Officers.

3.2. Acquisition Utilization Specialists – Additional tasks

3.2.1. Coordinating with leadership, staff, and other stakeholders to conduct analyses and recommend or develop a course of action;

3.2.2. Preparing and processing purchase requisitions and procurement packages to the supporting NCO for award;

3.2.3. Making suggestions by analyzing difficult contracting issues and identifying alternative courses of action to satisfy specialized requirements and solve a variety of contracting problems:

3.2.3.1. Assisting in the performance of cost benefit analysis;

3.2.3.2. Conducting gap analyses and understanding of cost elements which go into the production, management or delivery of a healthcare resource service or product;

3.2.4. Assisting with monitoring contract performance over the life of the concerning contract and demonstrate the ability to solve a broad range of problems relating to proposals for change, claims, payments, and similar problems;

3.2.5. Planning, coordinating, evaluating, and executing the logistical actions required to support the mission of the organization; and

3.2.6. Providing advisory support and prepare procurement packages in accordance with customer requirements and in compliance with VA policy and procedures, to include federal and state laws and regulations.

3.3. Regulations and Policies utilized for these positions:

All procurement activities and actions shall be performed in accordance with Federal Acquisition Regulations (FAR), Veterans Affairs Acquisition Regulation (VAAR), VA Acquisition Manual (VAAM), other federal procurement laws and regulations, and all other applicable VA regulations and policies.

3.4. General IT Systems utilized for these positions:

· Microsoft Word

· Microsoft Excel

· Microsoft Outlook

· Microsoft PowerPoint

· Adobe Acrobat

· IFCAP/VISTA (Highly Recommended)

· IPPS (Highly Recommended)

· eCMS (Electronic Contract Management System) (Highly Recommended)

· SAM.gov

· CPARS (Contractor Performance Assessment Reporting System)

· FPDS (Federal Procurement Data System)

· GSA eBuy/GSA Advantage

3.5. Physical Requirements are primarily sedentary, working while seated.

3.6. Minimum AUS Qualifications

Each proposed AUS shall possess all the demonstrated experience and educational requirements as delineated below. Experience shall demonstrate abilities to support federal acquisitions above the simplified acquisition threshold. In respect to the minimum qualifications listed below, one qualification shall NOT be substituted for another. Each applicant must possess ALL of these minimum qualifications.

3.6.1. Education Requirement: A bachelor’s degree from an accredited college or university is required.

3.6.2. Experience Requirement: The Acquisition Utilization Specialist shall have a minimum of eight (8) years of federal contracting experience working on federal government acquisitions. Candidates with a past or current Federal Acquisition Certification in Contracting (FAC-C) Level II or III or Defense Acquisition Workforce Improvement Act (DAWIA) Level II certification are preferred. Resumes must be pre-screened to ensure they show specific and detailed federal government procurement experience as noted above in 3.1. Acquisition Utilization Specialists – Major Duties and Responsibilities. Pre-screened resumes must be submitted to and approved by the COR prior to starting the onboarding process.

3.6.3. Additional Required Knowledge and Skills: In addition to the experience and educational requirements described, the AUS shall clearly possess the following knowledge and skills:

· Ability to communicate effectively in English, both orally and in writing;

· Ability to conduct comprehensive research and analysis of technical and cost data;

· Ability to read and interpret acquisition policy, regulations, and directives; and

· Ability to provide clear leadership, technical direction, and guidance to all lower-level acquisition personnel.

4. GOVERNMENT FURNISHED PROPERTY

4.1 Government Furnished Equipment: Government Furnished Equipment (GFE) provided under this requirement shall include a government laptop and Personal Identification Verification (PIV) card.

Contractor employees may be required to physically access the nearest government VA facility to receive the GFE. Contractor shall ensure all GFE and PIV cards are returned to the VA COR when contract ends and when contractor personnel depart for any reason before the contract ends.

4.2 Additional GFE may be provided depending on circumstance and equipment availability. Contractor personnel shall safeguard all Government property, documents, and equipment. All GFE and PIV badges must be returned to the Government/COR upon termination of their services under the contract.

5. OTHER COSTS

5.1. Other Direct Costs (ODC): The cost of general-purpose items (notebooks, paper, pens, calculators, headsets, folders, tape, staplers, internet, etc.) required for the conduct of the Contractor’s normal business operations will not be considered an allowable ODC in performance of this contract. The quoted price shall include all necessary ODCs.

5.2. Travel

5.2.1. Reimbursement of Travel: Reimbursement of travel is not envisioned for performance of this contract. Should a travel event arise, it must be pre-approved by the CO and the COR on a case-by-case basis and will be authorized in accordance with General Services Administration (GSA) Terms and Conditions. Most meetings can be attended virtually on MS Teams. Contractor personnel shall travel to their nearest VA location to obtain GFE at no cost to the Government.

5.2.2. Local Travel: Local travel to attend meetings or events may be required at no cost to the Government. Travel within a specific NCO commuting vicinity (50 miles one way) is considered a cost of doing business and shall not be separately reimbursed.

5.2.3. Relocation: Relocation of contractor personnel for the purpose of staffing this contract are not subject to reimbursement.

6. PERIOD, PLACE OF PERFORMANCE and HOURS

6.1. Ordering Period

The ordering period is one year from Date of Award (DOA).

6.2. Place of Performance

6.2.1. This requirement requires contractor personnel to work off-site (virtual, remote location - home/contractor’s office); the assigned contractor personnel will be provided a laptop and PIV card. Only under special circumstances may contractor personnel be permitted to work at a VA location. If a contractor employee is authorized to work at a VA location, the working environment is indoors in a government office/facility or remote location, with a minimum standard of “business casual” dress. Picture identification card (PIV) will be issued at the start of contract services for security access to Government facility and equipment and shall be returned immediately upon expiration or termination of requested services. Conventional office equipment and associated supplies shall be provided by the Government (desk, filing cabinets, telephone, facsimile, PC computer system, intercom system, photocopier, paper, pens, pencils, staples etc.) for all non-remote contractor employees. Note: depending on the availability and need, equipment and supplies may vary in type, kind, and quantity.

6.2.2. The Contractor’s services are expected to be needed for eight (8) NCOs and PCAC. The location area of each NCO is shown on Attachment D.1. Each Task Order will show the number of hours needed and the estimated number of personnel needed at each NCO and/or PCAC.

6.3. Schedule Information and Tour of Duty

6.3.1. Contractor shall provide the minimum number of personnel for each NCO/PCAC office to meet the hours of hours shown in the schedule. (The government has defined one full time employee as 2080 hours annually. For this contract, one full time personnel is defined as 1992 hours annually (2080 minus 88 hours for the 11 federal holidays: 11 x 8 hours = 88.)

6.3.2. The number of estimated hours and personnel shown in the schedule are estimates only. Task Order(s) will be issued based on the amount of funds available and the number of hours (personnel) needed for each NCO and PCAC. The number of hours is an estimate only and is subject to change based on VA hiring and funding availability. Please note we expect the submitted pricing to be a fully burdened rate; the Government shall not be charged for hours not worked by contracted personnel.

6.3.3. The Tour of Duty (work hours): Each NCO/PCAC COR and the contractor’s representative shall work together to determine each designated/assigned NCO/PCAC employee’s work hours. Work hours shall adhere to the local time zone of the NCO or PCAC office in which the individual contractor personnel supports. Core hours of operation are Monday through Friday 6:00 am to 6:00 pm, excluding Federal holidays. Duty hours are eight (8) hours per day, five (5) days per week, Monday through Friday, excluding Federal Holidays. The normal tour of duty shall include a daily 30-minute unpaid lunch break. The Government will not pay the Contractor for time not worked. Any changes must be submitted to the COR prior to any adjustment. As a baseline, contractor personnel shall work forty (40) hours per week; overtime pay is prohibited. CORs are responsible for tracking hours and may require contractor employees to send an email verification when employee shift starts and ends. The Contractor is required to notify the COR immediately for sick/delay absences from work and at least two days prior to vacation or other absences from work. Personnel may use vacation and sick time in accordance with the contractor’s policies, but the Contractor shall schedule its employees’ vacation time to ensure that employees are not absent from the office for more than (2) consecutive weeks at a time. The Contractor shall ensure that no more than one of their assigned personnel to a specific office is out of the office simultaneously unless the absence is related to inclement weather, illness, or other unforeseen events at a single location. The day-to-day supervision and direct control over the work performed by on-site contractor personnel will be the sole responsibility of the Contractor.

6.3.4. Federal Holidays

The following holidays are observed by the Federal Government/VA:

· New Year’s Day (January 1)

· Birthday of Martin Luther King, Jr. (Third Monday in January)

· Washington’s Birthday (Third Monday in February)

· Memorial Day (Last Monday in May)

· Juneteenth National Independence Day (June 19)

· Independence Day (July 4)

· Labor Day (First Monday in September)

· Columbus Day (Second Monday in October)

· Veterans Day (November 11)

· Thanksgiving Day (Fourth Thursday in November)

· Christmas Day (December 25)

· This list shall include any additional day specifically declared by the President of the United States to be a federal holiday.

**If a holiday falls on a Saturday, for most Federal employees, the preceding Friday will be treated as a holiday for pay and leave purposes. (See 5 U.S.C. 6103(b).) If a holiday falls on a Sunday, for most Federal employees, the following Monday will be treated as a holiday for pay and leave purposes. (See Section 3(a) of Executive Order 11582, February 11, 1971.)

7. PERFORMANCE REQUIREMENTS and SUMMARY

7.1. Inherently Government Functions/Non-Personal Services

In performance of this contract, the Contractor will provide services as required by program offices to support the VA’s overall mission. It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor or its employees are rendered in its capacity as an independent Contractor and shall not be considered VA employees for any purpose. The support services required on this contract constitute professional and management services within the definition provided by FAR 37.201. This contract allows the Government to obtain professional services which are essential to the VA mission, but not otherwise available at this time within the VA. Contractor personnel shall not perform Inherently Governmental Functions as defined in FAR Subpart 7.5 in relations to this PWS. It shall be the responsibility of the Contractor to manage their employees and guard against any actions that are of the nature of personal services or gives the perception of personal services.

7.2. Contractor Identification

Contractor personnel shall clearly identify themselves as “Contractors” in all communications and representations to avoid situations arising where sensitive topics might be better discussed solely between Government employees. Identification shall include when in the workplace, in meetings, in conversations, telecommunications, mail, electronic mail (email), faxes, with Government personnel, other contractor personnel and the public.

7.3. Organizational Conflicts of Interest (OCI)

The Contractor shall have an OCI plan in place for detecting, disclosing, avoiding, and mitigating OCI issues/risks involved in the performance of this contract. An OCI exists when a contractor employee participates personally and substantially in a particular matter (e.g., a contract) that would have a direct and predictable effect on the contractor employee’s own financial interest or the financial interest of the contractor employee’s spouse, minor child, general partner, any person or entity whom the contractor employee serves as an officer, director, trustee or employee, or any person with whom the contractor employee is negotiating or has an arrangement for prospective employment. The OCI will include the Contractor and all assigned contractor employees on this contract and associated family members. The plan shall identify any potential conflicts of interest and shall provide a process for dealing with any OCI that is identified during contract execution. The OCI plan shall disclose all cross-teaming arrangements and shall include a representation that there will be no “cross-talk”, or information shared between the two affiliates regarding the contract. The Contractor shall notify the CO within two business days of any OCI violations on this contract.

7.4. AUS Productivity Standards

7.4.1. Productivity Standards. Acceptable measures include, but are not necessarily limited to:

7.4.2. The NCO/PCAC CORs will be responsible for technical monitoring of the contractor’s personnel performance and deliveries. The COR and the contractor’s representative shall work together to ensure all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. CORs are not authorized to obligate funds or execute any contract modifications. CORs will be responsible for reviewing, approving, and certifying invoices for their respective NCO.

8. CONTRACTOR DELIVERABLES

8.1. Activity Report Deliverable: The Contractor shall submit a Monthly Activity Report (MAR) to each COR during the first full week of the following month summarizing, at a minimum, contract employee name(s), number of hours worked by the employee(s), status of contract actions performed and completed, contract number/solicitation number for each completed action. The COR and/or CO may ask for additional information or reports as needed.

8.2. Quarterly Report Deliverable: The Contractor shall submit a Quarterly Activity Report (QAR) to the CO during the first full week following each quarter summarizing, at a minimum, the contract number, the list of contractor employees working at each NCO/PCAC, the name(s) and number of employee(s) no longer working on this contract, the number and location of any open/unfilled positions and the number of days it takes/took to fill each open position. The CO may ask for additional information if needed.

8.3. List of Contractor Employees: The Contractor shall maintain a current list of employees assigned under this contract and their assigned NCO/PCAC. The list shall be validated and signed by the Contractor and provided to the CO once all employees are assigned. An updated list shall be provided upon any changes (additions/deletions). Any change in key personnel is subject to Government approval. Once a Contractor is aware that an employee is leaving, the Contractor shall provide written documentation to the COR within three (3) business days of the employee advising the Contractor of their intent to leave. The written notification shall include the date and time the position will be vacant, the reason the employee will no longer work at the NCO/PCAC, anticipated replacement date, and what management action will be taken to ensure the position is filled in a timely manner.

8.4. Non-Disclosure Agreements: All contractor personnel assigned to work on this contract shall be required to sign a Non-Disclosure Agreement (NDA) during their onboarding regarding key aspects of the project and project content. All information is considered sensitive and will not be disclosed outside the workplace. This includes proprietary data, passwords, “For Official Use Only” documents and “Source Selection Information”.

8.5. Background Investigation: A criminal background check is required for all contract personnel. Contract personnel must receive a favorable adjudication after investigation paperwork. All contractor personnel must complete finger printer and start background investigation paperwork prior to the start of performance or placement on the contract.

8.6. Invoices

8.6.1. Each NCO/PCAC will be assigned a COR that shall serve as the NCO/PCAC’s primary Point of Contact (POC). Inspection and acceptance of services is delegated to the corresponding COR. The Contractor shall submit a separate itemized invoice to each COR monthly in arrears for services performed. The invoice should contain Contractor’s name, address, point of contract, invoice number, contract number, task order number, and purchase order (PO) number along with a listing of each contractor employee’s name, dates worked, actual number of hours worked, work location (NCO/PCAC office), the agreed upon firm fixed hourly rate price and total price. Each COR will review their site’s invoice and if complete and accurate, advise the Contractor within five (5) business days if it is approved or not approved. If the invoice is incomplete or inaccurate, the COR will return the invoice for correction. Once the invoice is approved, the Contractor shall submit the invoice to Tungsten for certification and payment.

8.6.2. Reduction in Services: For task orders issued under this contract, if, at the end of the period of performance the Government has not utilized the total number of FTE/hours ordered because of change in its anticipated need, the parties will enter into a good faith negotiation reducing the scope of the task order with a corresponding adjustment in the total task order price.

9. SECURITY ISSUES AND ACCESS

9.1. General: Department of Veterans Affairs Medical Center is a Federal Government Facility. A personnel background investigation (BI) shall be processed, sent to the Contracting Officer and respective COR, prior to contractor personnel start dates. An identification card (Personal Identification Verification) and vehicle registration will not be issued until the background checks are completed and approved by the Security Investigation Center (SIC). The PIV card is required for access to the Government computer databases. Failure of the Contractor to provide a complete application for each contractor employee may result in termination of the contract for cause.

9.2. Security Identification Badges: Contract employees shall comply with the local NCO identification and access requirements. The Contractor is responsible for absences of contract employees due to expired or lost identification and access documents. Each contract employee shall wear, and display assigned Security Badge ID, provided by the Human Resources Security Office (HRSO) so that it is always visible, and in accordance with their guidance. The badge must display the full name, title and if required by the (HRSO) the words “Contractor” in front. Contractor/Contract employees shall turn in all identification badges to the Contracting Officer, or designated representative upon termination of their services under the contract. The Contractor shall be responsible for the replacement cost of lost or non-returned Identification cards.

9.3. Security: All Contractors and contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards, and VA policies, including the Privacy Act, 5 U.S.C. 552a, and VA personnel, regarding information and information system security. Contractors shall follow policies and procedures outlined in VA Directive 6500, Information Security Program which is available at: http://www1.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place. All contractor personnel requiring access to VA computer networks are required to complete VA’s Information Security and Privacy Awareness Training annually.

9.4. Confidentiality: Contractor personnel who obtain access to hardware, software, or media, which may manipulate or store any sensitive information, that is protected under 38 USC 4132 or 3305, as defined by the Department of Veterans Affairs, must not access information unless absolutely necessary to perform their contractual duties. Disclosure of any sensitive data obtained during performance of assigned duties under this contract is prohibited. Violation of these statutory provisions may involve imposition of criminal penalties. Contractor is considered to be a VA Contractor for purposes of Privacy Act, Title 5 U.S.C. 552a.

9.5. HIPAA: The Contractor shall abide by the Standards for Privacy of Individually Identifiable Health Information of the Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-01. The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the contract or as required by Law. The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information. The Contractor shall mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this contract. The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract. The Contractor shall document, in a time and manner designated by the Government, any disclosure of Protected Health Information as would be required for the Government to respond to a request by an individual for an accounting of disclosure of Protected Health Information.

9.6. Removal of Personnel at Government Request: The Government may request removal (permanent or temporary) of contract personnel for security, safety, or health reasons, upon discovery of fraudulent resume documentation, or when contractor personnel behave in an unprofessional manner that would be considered unacceptable by a reasonable person. The Contractor shall provide a sufficiently detailed qualification summary/resume of proposed personnel for Government coordination prior to replacing/substituting personnel under these circumstances (reference paragraphs 2.2.2. and 3.6.).

36C77623Q0063 (End of PWS) Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government…