621I-R4_02_VendorResponse_20211001.docx

02 - VENDOR RESPONSE DOCUMENT

ALL OFFERORS MUST COMPLETE THIS DOCUMENT.

PLEASE PAY ATTENTION TO THE APPLICABILITY NOTES

PROVIDED IN THE TABLE OF CONTENTS

AND AT THE BEGINNING OF EACH SECTION.

PLEASE UTILIZE THE PROPOSAL CHECKLIST

04a – Vendor Response Document

RFP-797-FSS-03-0001-R2

AT THE END OF THIS DOCUMENT.

TABLE OF CONTENTS

VENDOR RESPONSE

PROPOSED PRICING & COMMERCIAL SALES PRACTICES

Only complete this section if this is a new Federal Supply Schedule (FSS) offer and you do not have a current FSS contract with either General Services Administration (GSA) or Department of Veterans Affairs (VA).

SMALL BUSINESS SUBCONTRACTING PLAN TEMPLATE (Sep 2021) 41 Only complete this section if you are classified as an “other than small business” (or are affiliated with an other than small business).

PROPOSAL CHECKLIST (Mar 2021) 49

SIGNATORY AUTHORITY FOR OFFERS AND CONTRACTS / COMPANY INFORMATION

The purpose of this document is to clearly identify who has been delegated the authority to sign your Federal Supply Schedule (FSS) offer or contract documents on behalf of the named firm as well as identify pertinent company information. Pursuant to our policy, the only person(s) with the ability to delegate authority is an officer of the company. Therefore, please list the officers of the company in block 6 of the form. In block 7, please list any additional persons to whom authority has been delegated to sign. Finally, blocks 15, 16, 17 must be signed by an officer of the company (individual listed in block 6) in order for our office to accept the authority. If you require additional space, you may use a properly titled attachment.

NOTE: All items must be completed; insert N/A if information is not applicable.

5. COMPANY INFORMATION

A. NAME

B. STREET ADDRESS

C. CITY

D. STATE

E. ZIP CODE

6. NAMES OF OFFICERS, OWNERS, OR PARTNERS

A. PRESIDENT

B. VICE PRESIDENT

C. SECRETARY

D. TREASURER

E. OTHER OFFICERS, OWNERS OR PARTNERS (add attachments if necessary)

7. ADDITIONAL PERSONS (other than block 6) AUTHORIZED TO SIGN OFFERS AND CONTRACTS ON BEHALF OF THE COMPANY (Indicate if Agent)

8. BUSINESS INFORMATION (Refer to FAR 52.212-1(a), 19.101 and 19.102)

A. SIZE OF BUSINESS

|_| SMALL BUSINESS (Complete block 9)

|_| OTHER THAN SMALL BUSINESS

B. AVERAGE NUMBER OF EMPLOYEES

(Including affiliates) FOR THE PRECEDING 12 MONTHS C. AVERAGE ANNUAL COMPANY SALES OR RECEIPTS (Including affiliates) FOR PRECEDING 3 OR 5 FISCAL YRS (see 13 CFR 121.104) $

|_| DISADVANTAGED

|_| WOMEN-OWNED

|_| HUBZONE

|_| VETERAN-OWNED

|_| SERVICE DISABLED VETERAN-OWNED

|_| 8(A)

|_| MANUFACTURER / PRODUCER

|_| DEALER

|_| DISTRIBUTOR

|_| SERVICE ESTABLISHMENT

|_| RESELLER

TAX IDENTIFICATION NUMBER:

DUNS:

A. MANUFACTURING

B. WAREHOUSE

A. DATE

B. AMOUNT

CERTIFICATION -- I certify that information supplied herein (including all pages attached) is correct and that neither the company nor any person (for concern) in any connection with the company as a principal or officer, so far as it known, is now debarred or otherwise declared ineligible by any agency of the Federal Government from making offers for furnishing materials, supplies, or services to the Government or any agency thereof.

09/2021

AGENT AUTHORIZATION (MARCH 2021)

This letter is to be used to authorize a third party agent to act on your company’s behalf in matters relating to your VA FSS proposal/contract. The form of this letter permits you to delineate agent roles and to limit those roles as needed. This letter shall only be signed by an officer, owner, or partner of the offeror/contractor who is listed on the offeror/contractor’s Signatory Authority Form.

For solicitation/contract number , the undersigned offeror/contractor hereby authorizes the below agent(s) to act as agent(s) for said offeror/contactor with said specific authority delegated from the contractor to the agent(s). The authority of the agent(s) is limited to exact and specific delegations.

AGENT INFORMATION

Agent Name:

Company Name:

Company Address:

Phone Number:

AGENT AUTHORITY

|_|Pre-Award |_|Post-Award - Signatory Authority |_|Pre-Award |_|Post-Award - Negotiate Changes |_|Pre-Award |_|Post-Award - Contract Administration |_|Pre-Award |_|Post-Award - Other:

AGENT INFORMATION

Agent Name:

Company Name:

Company Address:

Phone Number:

AGENT AUTHORITY

|_|Pre-Award |_|Post-Award - Signatory Authority |_|Pre-Award |_|Post-Award - Negotiate Changes |_|Pre-Award |_|Post-Award - Contract Administration |_|Pre-Award |_|Post-Award - Other:

DURATION OF AUTHORITY

|_| Agent authority valid until revoked.

|_| Agent authority valid for the following period:

Signature of Offeror/Contractor: ___________________________________

02 – Vendor Response Document

797-FSS-00-0115-R4

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 17 & 30

1. REQUISITION NUMBER

N/A PAGE 1 of

2. CONTRACT NO.

N/A

5. SOLICITATION NO.

RFP-797-FSS-00-0015-R4

6. SOLICITATION ISSUE

DATE: 10/01/2021

FEDERAL SUPPLY SCHEDULE HELPDESK

/LOCAL TIME: N/A

9. ISSUED BY CODE

10. THIS ACQUISTION IS

VA NATIONAL ACQUISITION CENTER

FEDERAL SUPPLY SCHEDULE SERVICE 003B6B

PO BOX 76, BLDG 37

HINES, IL 60141

OVERNIGHT DELIVERY SHOULD BE MAILED OR HAND DELIVERED TO THE ADDRESS LOCATED IN BLOCK 16

|X| UNRESTRICTED OR |_| SET ASIDE __% FOR:

|_| SMALL BUSINES |_| WOMEN-OWNED SMALL BUSINESS

|_| HUBZONE SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-

|_| VETERAN OWNED SMALL BUSINESS OWNED SMALL BUSINESS PROGRAM

|_| SERVICE DISABLED VETERAN OWNED SMALL BUSINESS |_| EDWOSB |_| 8(A)

NAICS: 561320 Size Standard: $30 Million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

See Summary of Award

14. METHOD OF SOLICITATION

|_|RFQ |_|IFB |X|RFP

15. DELIVER TO CODE CODE

16. ADMINISTERED BY CODE

1ST AVENUE, 1 BLOCK NORTH OF 22ND STREET, BLDG 37 HINES, IL 60141

17a. CONTRACTOR/ OFFEROR CODE

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

DUNS

TELEPHONE NO.

BELOW IS CHECKED |_| SEE ADDENDUM

Product Service Code:

Q 621 I Professional & Allied Healthcare Staffing Services

SEE CONTINUATION OF SF-1449 FOR SCHEDULE OF ITEMS

(ATTACH REVERSE AND/OR ATTACH ADDITIONAL SHEETS AS NECESSARY)

25. ACCOUNTING AND APPROPRIATION DATA

7974537B0161441V36122002580

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

ESTIMATED VALUE $

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |X| 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.

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: See Summary of Award.

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

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_|RECEIVED |_|INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL

FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 2/2012) BACK

CONTINUATION OF SF 1449 – BLOCKS 19-21, SCHEDULE OF ITEMS (MAR 2021)

(NAICS CODE = 561320, Service Code – Q)

Includes: Occupational Medicine, Urgent Care, Adolescent Medicine, and Geriatric Medicine $22,924,620

Includes Trauma I, II, III, IV, and V

Includes: Cardiovascular Disease, Gastroenterology, Pulmonary Diseases, Oncology, Nephrology, Hospitalist, Invasive Internal Medicine, Critical Care, Rheumatology, Endocrinologist, Infectious Disease, Allergist, Other

Includes: Neonatologist, Perinatologist, and Critical Care Pediatrics

Includes: General and Pediatric, Invasive and Non-invasive, Surgery and No Surgery

Includes: Physiatry

Includes: Cytopathologist, Dermatopathologist, Hematologist, Neuropathologist, Pediatric Pathologist

Includes: General, Child/Adolescent, Adult and Geriatric

Includes: Diagnostic, MRI/Mammogram, Interventional, and Oncology

Includes: General, Colon and Rectal, Plastic, Thoracic/Vascular, Neurosurgery, Cardiothoracic

Includes: General and Surgery

Includes: General and Specialized

Includes: General, Orthodontist, and Endodontist

Includes: PharmD

Includes: Emergency Medical Technician, Paramedic, Schedule (Drug & Alcohol Testing), Blood and Alcohol Technician, and Ambulance Driver

Includes: Dental Hygienist, Dental Assistant, Dental Laboratory Technician, Other

Includes: Registered Respiratory Therapist (RRT), Certified Respiratory Therapist (CRT), Certified Respiratory Therapy Technician/Technologist (CRTT), Respiratory Therapy Assistant

Includes: Physical Therapist, Physical Therapy Assistant, Therapeutic Recreation Specialist, and Athletic Trainer

Includes: Occupational Therapist and Occupational Therapy Assistant

Includes: Specialty Oriented, Clinical, Med/Surg

Includes: Medical Assistant, Medical Records Clerk, Medical Record Technician and Medical Transcriptionist

Includes: Nursing Aide, Orderly, and Attendant

Includes: Ophthalmic Dispensing Optician, Ophthalmic Laboratory Technician, Ophthalmic Medical Technician/Technologist, Orthoptist, Ophthalmic Assistant

Includes: Clinical Laboratory Scientist, Medical Technologist, Laboratory Technician, Medical Laboratory Technician, Histologic Technician, Histotechnologist, Pathologists’ Assistant, and Phlebotomy Technician

Includes: Community Counselor, Marriage/Family Counselor/Therapist, Mental Health Counselor, Rehabilitation Counselor, Social Worker (BS), Social Worker (MS), Music Therapist, Art Therapist, and Dance Therapist (Registered DTR)

Including Dietetic Technician)

Includes: Cardiovascular Technologists (General, Interventional, ECHO and Cath Lab), Computer Tomography (CT) Technologist, Magnetic Resonance Imaging Technologist (MRI), Mammographer, Nuclear Medicine Technologist, PET Technologist, Radiation Therapy, Radiation Therapist, Radiological Therapeutic Technologist (RRT), Imaging (Diagnostic, Radiographer, X-Ray), Sonography/Ultrasound (Including Abdomen, OB/GYN, Vascular and Cardiac)

Includes: Low Vision Therapist, Orientation and Mobility Specialist, Rehabilitation Teacher

Includes: Electroencephalogram Technologist (EEG)

Includes medical physicists (including Therapeutic Radiological Physics, Diagnostic Radiological Physics, Medical Nuclear Physics, Medical Health Physics)

Includes Categories and Subcategories

*Estimated Sales: The "Estimated Sales" column of the Schedule of Items shows (1) a twelve-month reading of domestic sales as reported by the previous Contractor(s), or (2) estimates of the anticipated dollar volume where the item is new. The absence of a figure indicates that neither reports of previous purchases nor estimates of sales are available.

Note: When a VA National Contract is awarded, items that are the same or similar and appear on the FSS may be unavailable from the FSS for those ordering activities that are mandatory users of the awarded National Contract. Government agencies that participate in a national committed use contract are required to purchase the products awarded on the national contract from the national contractor. Although Government agencies participating in the national contract would not be permitted to purchase the same or similar items from FSS contracts without a waiver issued by the ordering activity, any FSS contractor may maintain these items on its FSS contract for sale to all other authorized users of the schedule.

(d) If the Contractor has an existing Multiple Award Schedule contract, the Government may, at the sole discretion of the Contracting Officer, modify the existing contract to include the INSP/SIN item in accordance with 552.238-81, Modification (Federal Supply Schedule).

SCOPE OF SOLICITATION (SEP 2021)

The Federal Supply Schedule (FSS) program, known as the Multiple Award Schedule (MAS) Program, is directed and managed by GSA. It provides Federal agencies with a simplified process for obtaining commercial supplies and services at prices associated with volume buying. Indefinite-delivery, indefinite quantity contracts are awarded to provide supplies and services at stated prices for given periods of time. GSA has delegated authority to the VA to manage the Schedules for medical supplies and services under the VA FSS program.

This solicitation is for the offering of allied and professional healthcare services for the purpose of providing temporary personnel to fulfill staffing needs in the performance of patient care, healthcare treatment and advice in healthcare settings. Services performed under this contract will be performed at government locations, e.g. Medical Treatment Facilities (MTF), VA Medical Centers (VAMC), clinics and/or other government healthcare access points. Any placements made in non-government facilities or private residences shall be deemed outside of the scope of the solicitation/contract. Specific services, tasks to be performed, and performance standards will be specified by the ordering activity.

Commercial Items: Per GSA Regulation 538.271(a), MAS awards are for commercial items as defined in FAR 2.101.

Geographic Coverage: This solicitation is issued to establish contracts for the domestic delivery of temporary healthcare staffing services. Domestic delivery is defined within this document in clause 552.238-113 Scope of Contract (Eligible Ordering Activities) as “delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. territories”. Offerors may limit the proposed geographic service area to a minimum of one entire state in which they are capable of performance for each SIN. Therefore, pricing may be proposed for nationwide (i.e. domestic delivery, as set forth above and in clause 552.238-113) and/or limited geographic service coverage (i.e. by region or by individual states). It is within the Government’s discretion to determine the contractor’s capability and to limit SINs or geographic coverage. Offerors who cannot provide services for at least one labor category and in at least one entire state will not be considered for award.

Special Item Numbers (SINs): FSS solicitations set forth broad categories of accepted products/services, referred to as Special Item Numbers (SINs), listed in the Continuation of SF1449 (located within this document). SINs listed in this solicitation in the Continuation of SF1449 are labor categories that may be offered. Offerors are free to choose which labor categories they will offer as long as those categories fall within one of the solicitation’s pre-defined SIN categories or are a subcategory of a pre-defined SIN. Labor categories that do not fall within one of the predefined SINs are considered to be out of scope of the solicitation and cannot be awarded. Offerors shall clearly identify in their proposal each labor category, including subcategory and level, as applicable (e.g. SIN 621-025 Registered Nurse - ER Nurse Level I, ER Nurse Level III, etc.). Additionally, offered labor categories must be classified as specialties or subspecialties of healthcare service as defined under the Standard Occupational Classification (https://www.bls.gov/soc/2018/major_groups.htm). A labor category’s acceptability under the schedule may be further restricted by a determination of fair and reasonable pricing.

Pricing/Hourly Rate & Associated Costs

· Hourly Ceiling/Not-to-Exceed (NTE) Rates: Pricing proposed under this solicitation and awarded under resultant contracts shall reflect the highest hourly rate for each labor category based on the awarded geographic coverage. The awarded price is also known as the “ceiling” price or the Not-to-Exceed (NTE) rate. Ordering Activities must evaluate task order pricing based on the location in which the service will be provided, which could be significantly less than the awarded ceiling/NTE rate.

· Fully Loaded Pricing/Rates: Proposed pricing shall include direct labor, fringe benefits, overhead, general and administrative expenses, profit or fee, payroll taxes, and applicable required insurance. The awarded price will also include the industrial funding fee. Note that costs related to security clearances, contractor held medical malpractice insurance, and contractor certifications/licenses/accreditations shall be factored into the offered price. Proposed pricing shall not include travel and per diem costs.

· Non-Reimbursable Costs: Costs that shall be borne by the contractor at no additional expense to the Government include, but are not limited to, the following:

· Security Clearances: All costs associated with obtaining/possessing required security clearances should be factored into the offered price.

· Travel/Lodging/Per Diem: Travel in performance of a task order will only be reimbursable to the extent authorized by the ordering agency. The Industrial Funding Fee does NOT apply to these charges. Local travel is not reimbursable unless otherwise determined by the ordering activity’s Contracting Officer.

· Certifications, Licenses and Accreditations: All costs associated with obtaining required certifications, licenses and accreditations should be factored into the offered price.

· Insurance: All costs associated with obtaining/possessing required insurance should be factored into the offered price.

· Healthcare Screenings/Tests/Procedures for personnel providing services under this contract are not reimbursable. This includes an annual Purified Protein Derivative (PPD) reading or evaluation if known PPD reactor.

· Reimbursable Costs - Travel/Lodging/Per Diem: The Contractor may be required to travel in performance of orders issued under this contract. These costs may be directly reimbursed by the ordering activity to the extent authorized by the ordering agency, as specified in the task order. The Industrial Funding Fee does NOT apply to travel and per diem charges. Allowable travel and per diem charges are governed by Pub.L. 99-234 and FAR Part 31 and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. More information on Federal Travel Regulations can be found at: www.gsa.gov/federaltravelregulation. Note that airfare shall be based upon the lowest available cost - coach or economy airfare. The use of any airfare other than coach or economy must be approved in writing, in advance, by the ordering activity’s Contracting Officer. Contractors are not entitled to the government contract air fares that are awarded under the airline passenger transportation services (city-pair program) contract without the express consent of the airline. This applies even when a government activity and/or Contracting Officer authorize air travel.

Non-Personal Services This solicitation is for non-personal services. A nonpersonal services contract is defined in FAR 37.101 as “a contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.” Contractor personnel who furnish services for a nonpersonal services order under this contract shall not be considered employees of the Government for any purposes. The contractor will perform independently and not as an agent of the Government. The ordering activity may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered.

Personal Services Per FAR 37.104, agencies shall not award personal services contracts unless specifically authorized by statute to do so. A personal services contract is characterized by the employer-employee relationship it creates between the Government and the contractor’s personnel. The Government is normally required to obtain its employees by direct hire under competitive appointment or other procedures required by the civil service laws. Obtaining personal services by contract, rather than by direct hire, circumvents those laws unless Congress has specifically authorized acquisition of the services by contract. An employer-employee relationship under a service contract occurs when, as a result of (i) the contract’s terms or (ii) the manner of its administration during performance, contractor personnel are subject to the relatively continuous supervision and control of a Government officer or employee. However, giving an order for a specific article or service, with the right to reject the finished product or result, is not the type of supervision or control that converts an individual who is an independent contractor (such as a contractor employee) into a Government employee.

Note that Department of Defense (DoD) ordering activities are authorized to award personal services contracts under section 1091 of Title 10, United States Code. Other Government Agencies may award personal services contracts only if specifically authorized by statue.

Inherently Government Services Per FAR 37.102, and as described in FAR 7.5, agencies shall not award a contract for the performance of an inherently governmental function.

Trade Agreements Act The Trade Agreements Act is applicable to all Schedules. In exercising its authority under FAR Part 25, Foreign Acquisition, purchases by Ordering Activities are restricted to either U.S.-made or designated country end products as defined in clause FAR 52.225-5, included in Solicitation Document 01. For the purposes of this services schedule, origin is determined by the country in which the firm providing the service is established, not the location at which the services are performed.

Service Contract Labor Standards (SCLS), Health and Welfare, & Wage Determinations The Service Contract Labor Standards (SCLS), formerly known as the Service Contract Act (SCA) applies to all nonprofessional services to be provided under this Schedule. Proposed base rates and Health and Welfare Fringe Benefit Rates must meet or exceed the wage determination rates and fringe benefits for the areas awarded under the contract. The SCLS index of applicable wage determinations can be viewed at https://beta.sam.gov/; however, the SCLS wage determinations applicable to this solicitation and resultant contracts are located on GSA’s website at https://www.gsa.gov/buying-selling/purchasing-programs/gsa-schedule/selling-through-schedule/roadmap-for-new-schedule-offerors/1-get-ready/available-offerings-and-requirements, under the “Incorporated by Reference - Offers Containing Services” section.

Contractor Qualifications and Responsibilities

· Minimum Experience: Contractors are required to have at least two years of corporate experience in providing services relative to this solicitation in order to qualify for an award. Qualifying experience must have been performed as a prime contractor, not as a subcontractor. Additionally, home health care services, teaching assignments, and placements at public or private universities, community social events, etc. are not considered relative to this solicitation and cannot be considered as qualifying experience.

· Permits, Licenses, Professional Certifications, etc.: The contractor shall be responsible for obtaining all necessary permits and licenses and for complying with all applicable Federal, State, and Municipal laws, and the proposed/awarded prices must reflect all costs associated with this requirement. The contractor shall ensure that its staff maintains any generally required professional certification, accreditation, and proficiency relative to their area of expertise. Any person providing services pursuant to a task order issued against this contract shall possess a full and unrestricted professional license or certification. Any person providing services pursuant to a task order by any other agency or entity authorized to use this FSS schedule must have the qualifications, including licenses, prescribed by such agency or entity or, if no such requirement are prescribed, shall comply with the licensing requirement applicable in the location where such services are to be performed.

· Professional Conduct/Ethics: All Contractor personnel providing services under a task order pursuant to this solicitation must conduct themselves so that their dealings and actions in performance of the task order are above reproach in every respect. Accordingly, Contractor personnel must not allow themselves to be put in a situation where a conflict of interest may arise or justifiably might be suspected by reason of accepting entertainment, gifts, or favors of any kind or by any other action that would result in financial profit to themselves or which could influence or be interpreted as influencing the strict impartiality that must prevail in all business relationships where the public interest is involved.

· Conflicts of Interest: Organizational conflicts of interest may arise at the task order level, and Ordering Agency contracting officers may impose organizational conflict of interest disclosure requirements, provisions and/or clauses at the task order level as they determine appropriate. Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5. The Contractor shall notify the Contracting Officer of the Ordering Agency of any potential conflict of interest, stating the nature of the potential conflict. Upon investigation of the potential conflict of interest, the Contracting Officer may impose some restraint, appropriate to the nature of the conflict, upon the contractor’s eligibility for future contracts or subcontracts and the nature of the proposed restraint upon any future contractor activity. Failure to report a possible or actual conflict of interest situation to the Contracting Officer of the Ordering Agency may be a cause for the termination of a task order, cancellation of schedule contract, and possible debarment from doing business with the Federal Government.

· Personnel Requirements: Personnel providing services under this contract shall have the required level of training, education and experience for the corresponding labor category/subcategory awarded under this contract. Additionally, they shall possess the required qualification/elements to be privileged and/or credentialed in accordance with the ordering activity’s guidelines and procedures. Contractor’s credentials/qualifications are subject to review and approval by the Head or designee of the ordering activity. These qualifications at a minimum will be based on Joint Commission on Accreditation of Healthcare Organization (JCAHO) quality standards for training, education, and competency. Please consult element C.3. under the Contractor Qualifications section of this document for a list of minimum general requirements that apply to all individuals performing services under the terms of the contract.

· Subcontractors: Subcontractors may only be utilized for task order fulfillment and cannot be used to support the award of states or labor categories under this contract. Contractors are responsible for maintaining the integrity of this contract in relationships with subcontractors, including independent subcontractor personnel as well as other temporary staffing services companies. The FSS contract holder is ultimately responsible for all actions of any subcontractor, including any medical malpractice claim arising from work performed by a subcontractor as well as their compliance with all terms and conditions of the FSS contract. Subcontractor personnel performing services under a task order must also meet the minimum general requirements set forth in element C.4. under the Contractor Qualifications section of this document.

Task Order Level Blanket Purchase Agreements (BPA's) can reduce costs and save time because individual orders and invoices are not required for each procurement but can instead be documented on a consolidated basis. The Contractor may enter into BPA's with ordering activities provided that:

a) The period of time covered by such agreements shall not exceed the period of the contract including option year period(s);

b) Orders placed under such agreements shall be issued in accordance with all applicable regulations and the terms and conditions of the contract; and

c) BPAs may be established to obtain the maximum discount (lowest net price) available in those schedule contracts containing volume or quantity discount arrangements.

Task orders and BPAs issued/executed against a contract awarded under this solicitation shall not award 1) any hourly rate in excess of the awarded FSS price referred to as the ceiling rate or the Not to Exceed (NTE) rate, 2) labor categories not authorized under the contract, nor 3) states not authorized under the contract. Task orders or BPAs for labor categories or states not awarded on the FSS contract are deemed to be outside of the scope of the contract and constitute an open market (non-FSS) purchase. Per FAR 8.402(f), additional costs may be added to FSS orders as open market line items, and must be identified as such, to fulfill local requirements. Examples include security clearances, criminal background checks, etc.

A Contractor Team Arrangement (CTA) of more than one schedule contractor may be used to fulfill task order level requirements. A CTA is an arrangement in which two or more Schedule contractors team together to provide a total solution to meet a customer's needs. Under Schedule CTAs, contractors complement each other, and it allows teams to compete for orders for which they may not qualify independently. VA encourages the use of CTAs to meet buyer’s requirements. CTAs do not create a separate legal entity but allow Schedule contractors to meet buyer’s requirements by combining the supplies and/or services from each team member’s separate Schedule contract in response to a buyer’s Request for Quote. See clause I-FSS-40 Contractor Team Arrangements (Dec 2019), located in Solicitation Document 01, and visit GSA’s website (https://www.gsa.gov/buying-selling/purchasing-programs/gsa-schedule/schedule-features/contractor-team-arrangements) for more information.

Note that upon expiration of the FSS contract, no additional orders can be place against the FSS contract or any associated BPAs. Task orders placed prior to contract expiration may be honored; however, no options or changes to such orders shall take place after the expiration of the underlying base FSS contract.

Notice of Additional Requirements - Ordering Level In addition to the terms and conditions set forth in this solicitation, the contractor may, in the performance of orders issued under this contract, be responsible for further requirements at the ordering level when essential to their requirements. Any cost necessary for the contractor to comply with the terms will be included in the task order proposal, unless otherwise prohibited by law. These tasks/requirements may include, but are not limited to, security clearances, criminal background checks, drug screens, health examinations, vaccinations, automobile insurance, etc.

If the contractor will have access to Protected Health Information (PHI) in the performance of a VA order, then a VA ordering activity may require the FSS contractor to enter into a Business Associate Agreement (BAA) to be in compliance with privacy laws and VA contract security requirements and policies, including those outlined in VA Handbook 6500.6, Contract Security. It is VA’s policy that if the FSS contractor will be providing services at more than one VA facility, the FSS contractor should not be required to enter into multiple agreements; instead a national BAA should be executed. If further guidance is needed, please contact the Business Associate Program Manager at (615) 564-0687 or by e-mail at VHABAAIssues@va.gov. Additionally, the VA requires providers to submit their credentials in the Department of Veterans Affairs’ VetPro Credentialing System is required of all VHA licensed, registered, and certified health care providers. This system is used nationwide at all VHA healthcare facilities. The website address is http://fcp.vetpro.org.

Please note that the VA does not promote the use of any company’s specific Schedule contract. Vendors should be aware that obtaining a VA Schedule contract is not a guarantee of sales. Vendors awarded a VA Schedule contract will need to market their supplies and services to Government customers as they would to commercial customers. A listing of eligible schedule users can be found at on GSA’s website at https://www.gsa.gov/buying-selling/purchasing-programs/gsa-schedules/schedule-buyers.

BUSINESS SIZE DETERMINATION & NAICS CODE DESIGNATION (FEB 2020)

The Small Business Administration (SBA) has established numerical definitions, or “size standards,” for all for-profit industries based upon NAICS codes. Size standards represent the largest size that a business (including its subsidiaries and affiliates, both foreign and domestic) may be in order to be classified as a small business concern.

The NAICS code that has been identified as being applicable to this solicitation is listed below along with the corresponding size standard (effective as of 8/19/2019). A business may qualify as a small business under some NAICS codes and as an “other than small” business under other NAICS codes. However, in order to be recognized as a small business at the base FSS contract level, you must qualify as a small business under each NAICS code representing your product/service offerings. You may be required to represent your size status at the delivery or task order level based upon the NAICS code(s) applying to the items/service specific to that order.

For the purposes of this solicitation proposal, you will use the following NAICS code to represent your business size: 561320, Temporary Help Services / $30 million The applicable Federal Supply Code (FSC) for this solicitation is as follows: Category Q, Medical 552.238-113 SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (MAY 2019, TAILORED) Note: State Vet Homes with sharing agreements are also included as eligible ordering activities.

Offerors may limit the proposed geographic service area to a minimum of one entire state in which they are capable of performance for each SIN. Therefore, pricing may be proposed for nationwide (i.e. domestic delivery) and/or limited geographic service coverage (i.e. regional or state by state coverage).

(a) This solicitation is issued to establish contracts which may be used on a nonmandatory basis by the agencies and activities named below, as a source of supply for the supplies or services described herein, for domestic delivery.

(1) Executive agencies (as defined in FAR Subpart 2.1) including nonappropriated fund activities as prescribed in 41 CFR 101-26.000;

(2) Government contractors authorized in writing by a Federal agency pursuant to FAR 51.1;

(3) Mixed ownership Government corporations (as defined in the Government Corporation Control Act);

(4) Federal Agencies, including establishments in the legislative or judicial branch of government (except the Senate, the House of Representatives and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol).

(5) The District of Columbia;

(6) Tribal governments when authorized under 25 USC 450j(k);

(7) Tribes or tribally designated housing entities pursuant to 25 U.S.C. 4111(j);

(8) Qualified Nonprofit Agencies as authorized under 40 USC 502(b); and

(9) Organizations, other than those identified in paragraph (d) of this clause, authorized by GSA pursuant to statute or regulation to use GSA as a source of supply.

(b) Definitions.

“Domestic delivery” is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities.

“Overseas delivery” is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. territories.

(c) The following activities may place orders against Schedule contracts:

(1) The American National Red Cross may place orders against Federal Supply Schedules for products and services in furtherance of the purposes set forth in its Federal charter (36 U.S.C. § 300102); PROVIDED, the Contractor accepts order(s) from the American National Red Cross; and

(2) Other qualified organizations, as defined in section 309 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5152), may place orders against Federal Supply Schedules for products and services determined to be appropriate to facilitate emergency preparedness and disaster relief and set forth in guidance by the Administrator of General Services, in consultation with the Administrator of the Federal Emergency Management Agency; PROVIDED, the Contractor accepts order(s) from such activities.

(3) State and local governments may place orders against Federal Supply Schedules for good or services determined by the Secretary of Homeland Security to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.) to facilitate disaster preparedness or response, or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack; PROVIDED, the Contractor accepts order(s) from such activities.

(d) Articles or services may be ordered from time to time in such quantities as may be needed to fill any requirement, subject to the Order Limitations thresholds which will be specified in resultant contracts. Overseas activities may place orders directly with schedule contractors for delivery to CONUS port or consolidation point.

(e) (1) The Contractor is obligated to accept orders received from activities within the Executive branch of the Federal Government.

(2) The Contractor is not obligated to accept orders received from activities outside the Executive branch; however, the Contractor is encouraged to accept such orders. If the Contractor elects to accept such orders, all provisions of the contract shall apply, including clause 52.232-36, Payment by Third Party. If the Contractor is unwilling to accept such orders, and the proposed method of payment is not through the Credit Card, the Contractor shall return the order by mail or other means of delivery within 5 workdays from receipt. If the Contractor is unwilling to accept such orders, and the proposed method of payment is through the Credit Card, the Contractor must so advise the ordering activity within 24 hours of receipt of order. (Reference clause 52.232-36, Payment by Third Party.) Failure to return an order or advise the ordering activity within the time frames of this paragraph shall constitute acceptance whereupon all provisions of the contract shall apply.

(f) The Government is obligated to purchase under each resultant contract a guaranteed minimum of $2,500 (two thousand, five hundred dollars) during the contract term.

(g) All users of GSA’s and VA’s Federal Supply Schedules, including non-Federal users, shall use the schedules in accordance with the ordering guidance provided by the Administrator of General Services. GSA encourages non-Federal users to follow the Schedule Ordering Procedures set forth in the Federal Acquisition Regulation (FAR) 8.4, but they may use different established competitive ordering procedures if such procedures are needed to satisfy their state and local acquisition regulations and/or organizational policies.

UTILIZATION OF SUBCONTRACTORS (MAR 2021)

Note: Subcontractors may only be utilized for task order fulfillment. Subcontractors cannot be used to support the award of states or labor categories under this contract.

|_| I understand that as the FSS contract holder, I am ultimately responsible for all actions of any subcontractor, including their compliance with all terms and conditions of the FSS contract.

|_| I understand that that as the FSS contract holder, I am ultimately responsible for any medical malpractice claim arising from work performed by a subcontractor.

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 $100, 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 [see SIN chart below];

(2) Any order for a combination of items in excess of [see SIN chart below]; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

MINIMUM ACCEPTABLE ORDER PROPOSAL (JUL 2021)

In accordance with above clause 52.216-19 Order Limitations (Oct 1995), the ordering activity is not obligated to…