C03_36C10X24C0001 FE.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. 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

36C10X24C0001

10-01-2023 36C10X23Q0140

Angela Ayers - Angela.Ayers@va.gov 202-763-9576

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

X

Y

711310

$40 Million

N/A

X

DEPARTMENT OF VETERANS AFFAIRS (VA)

LAW ENFORCEMENT TRAINING CENTER (LETC)

2200 FORT ROOTS DRIVE

NORTH LITTLE ROCK AR 72114

36C10X

Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

1KBS5

UNIVERSITY OF ARKANSAS - PULASKI TECHNICAL COLLEGE

3000 W SCENIC DR

NORTH LITTLE ROCK AR 72118-3347

501-907-6670 G36NU7YJK4U6

VAFSC

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(see Section B.1 invoicing/payment) Austin TX 78714-8917

1-(877)-489-6135

See CONTINUATION Page

DEPARTMENT OF VETERANS AFFAIRS (VA)

LAW ENFORCEMENT TRAINING CENTER (LETC) - OFFSITE TRAINING

SPACE AND MEALS

PROVIDE OFFSITE TRAINING SPACE AND MEALS FOR UP TO

EIGHTY-FOUR (84) PEOPLE AS DEFINED IN THE PERFORMANCE WORK

STATEMENT (PWS).

$314,029.00

See CONTINUATION Page

24-4539XRDB-FFACTIVITIES-FRNCHFND-S29210000-LETC

X X

Andrew Montgomery

VA-OPAL-SAC-2023-0019

DocuSign Envelope ID: 0AF06C1A-D275-4019-83CE-2B92E79656C8

ChancellorSummer DeProw 9/1/2023

36C10X24C0001 VA LETC TRAINING SPACE AND MEALS

Table of Contents

SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ACCOUNTING AND APPROPRIATION DATA

SECTION C – CONTRACT CLAUSES

C.1 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) . 15

C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN

2023)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 31

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 VAAR 852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 2022)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 33

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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: University of Arkansas, Pulaski Technical College

POC: Sharon Cantrell Email: scantrell@uaptc.edu Phone: 501-907-6670 ext. 3405

b. GOVERNMENT: Strategic Acquisition Center - Frederick Contracting Officer: Andrew Montgomery Email: Andrew.Montgomery@va.gov Phone: 202-873-5917

Contract Specialist: Angela Ayers Email: Angela.Ayers@va.gov Phone: 202-763-9576

Contracting Officer Representative (COR): Wendell Morgan Email: Wendell.Morgan@va.gov Phone: 501-541-1180

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly, upon delivery and acceptance by the Government.

Payment shall be rendered within 30 days of receipt of invoice.

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.

5. INVOICING INSTRUCTIONS/SUBMISSION

*** The Contract Number: 36C10X24C0001 MUST be included on all invoices.***

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

AMENDMENT NO DATE

mailto:scantrell@uaptc.edu mailto:Andrew.Montgomery@va.gov mailto:Angela.Ayers@va.gov mailto:Wendell.Morgan@va.gov

INVOICING INSTRUCTIONS:

General invoicing instructions are included here.

Payment provided under the terms of this contract will be made Monthly in arrears for all services rendered and/or deliverables submitted and approved by the VA.

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract/Purchase Order Number, or Task/Delivery Order Number.

All invoices need to also be submitted using the same line item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

1. VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: www.tungsten-network.com/customer-campaigns/veteransaffairs to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

• Tungsten e-Invoice setup information: 1-877-489-6135

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

• VA TUNGSTEN Number: AAA544240062

• FSC e-Invoice contact information: 1-877-353-9791

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

• FSC Internet: http://www.fsc.va.gov/einvoice.asp https://www.tungsten-network.com/customer-campaigns/veteransaffairs https://www.tungsten-network.com/customer-campaigns/veteransaffairs http://www.x12.org/ mailto:VA.Registration@tungsten-network.com mailto:vafsccshd@va.gov http://www.fsc.va.gov/einvoice.asp

B.2 PERFORMANCE WORK STATEMENT

Department of Veterans Affairs Law Enforcement Training Center (VA-LETC)

Offsite Training Space and Meals

1.0 BACKGROUND

1.1 The Department of Veterans Affairs (VA) Law Enforcement Training Center (LETC) is a franchise fund site authorized under the Government Management Reform Act of 1994 (Public Law 103-356). The Act authorizes designated agencies to provide certain common administrative support services internally and Other Government Agencies on a reimbursable basis. In 2006, permanent status was conferred upon the VA Franchise Fund under the “Military Quality of Life and Veterans Affairs Appropriations Act 2006,” Public Law 109-114. Consequently, the VA-LETC receives no federally appropriated funding and is required to market VA-LETC services to customers.

1.2 The VA-LETC provides training for Federal police officers working in health care or service-oriented environments. VA-LETC and the University of Arkansas-Pulaski Technical (UA PTC) have agreed to allow VA-LETC the use of classroom space. As such, the VA requires services providing training space with student meal provisions on campus.

2.0 SCOPE OF WORK:

The VA Law Enforcement Training Center (VA-LETC) in North Little Rock, Arkansas, requires a contractor to provide facility, labor, materials, insurance, licenses, equipment, and space to provide training space, driving track, and daily meals for up to eighty-four

(84) VA-LETC students.

The contractor/facility shall provide one (1) daily meal for up to 84 students during the normal business week, Monday through Friday. The contractor shall provide lunch for VA-LETC students. Students will be training at one of the offsite locations at the Business and Industry Center located at 3300 E. Roosevelt Road, Little Rock, AR 72206.

The contractor shall provide training space for up to 89 people at the Business Institute (BIC) training space located at 3300 E. Roosevelt Road, Little Rock, AR 72206.

3.0 HOURS OF CONTRACTOR OPERATION

Training shall be conducted from 7:00 A.M. to 6:00 P.M with an arrival time of 7:00 A.M.

Customary hours to provide lunch meals (refer to 8.2).

The following Federal holidays are observed by the VA-LETC.

New Year’s Day January 1st Christmas Day December 25th

4.0 COMPLIANCE

The Contractor shall provide the services as stated in the contract requirements.

The contractor’s establishment shall meet all requirements for Federal, State, and City codes regarding operations of this type of service. The contractor’s facility shall comply with the requirements of the American Disabilities Act (http://www/ada/pubs/adastatute08.htm). Dining facilities shall be compliant with the requirements of National Fire Protection Association (NFPA) 101, Life Safety Code (http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNUM=101).

5.0 CONTRACT TYPE

This is a firm-fixed-price (FFP) effort.

6.0 TRAVEL

Travel is not approved for this contract. The Government will not reimburse any travel expenses incurred by the contractor.

7.0 PERFORMANCE DETAILS

All contractor resources shall be qualified for tasks performed under this contract.

All resources shall be legally authorized to work in the United States.

a. Performance Period:

Base Year: October 01, 2023 - September 30, 2024 Option Year 1: October 01, 2024 - September 30, 2025

b. Place of Performance:

University of Arkansas Pulaski Technical College (UA PTC) 3000 W. Scenic Drive North Little Rock, AR 72118

Business and Industry Center (BIC) 3300 E. Roosevelt Road Little Rock, AR 72206

8.0 CONTRACT REQUIREMENTS

The contractor shall locate and reserve training space and meals and provide management services as outlined below.

8.1 Training Space Management Services

The contractor shall locate and reserve training space for up to 89 people listed on the class rosters provided by the Government. The Government will pay the contractor one consolidated daily fee to cover the cost of the training space provided and the management service fee. The contractor shall pay the facility for the actual days' space provided. The tentative class schedule is provided in Attachment A.

8.1.1 Training Space Requirements

The contractor shall provide training space for up to 89 people. The facilities shall be located within a 10-mile radius of the VA-LETC facility.

DocuSign Envelope ID: 0AF06C1A-D275-4019-83CE-2B92E79656C8 http://www/ada/pubs/adastatute08.htm http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNUM=101

8.1.2 Training Space

The conference, classroom style set up, and seating accommodations for 65 people (approximately 1,600 square feet), and 24 people (approximately 600 square feet).

Each room shall have internet access and HDMI hook-ups compatible with Government laptops to be displayed on the projector/TV. The contractor shall make ancillary supplies and equipment available (ie; extension cords, surge protectors, etc.). The Contractor shall provide Wi-Fi connectivity to high-speed internet in classrooms and common areas.

8.1.2.1 Training space shall have locations to accommodate outdoor scenarios such as traffic stops and a suitable space for physical fitness training with the ability to geographically lock down to prevent outside interruptions in training. (i.e.: training scenario is traffic stops, must be sufficient space to perform the traffic stop training and must be able to be blocked off from thru traffic or other customers). Once training begins the training space shall be completely dedicated to the VA-LETC throughout the course.

8.2 Meal Management Services

The contractor shall provide services to locate and reserve lunch meals for students attending courses that are scheduled at the contractor’s facilities, including weekdays as required (except federal holidays and closures). Contractor facility shall be of grill/buffet type of dining facility. Lunch meals shall be served from 11:00 am -12:30 pm.

VA-LETC will be responsible for providing lunch meals for the students when the contractor is closed for their observed holidays and closures.

8.2.1 Provide lunch meals up to approximately 84 VA-LETC students

8.2.1 Each lunch meal shall include:

a. A choice of at least two proteins including poultry, beef or pork, fish or shellfish, or sandwich;

b. A choice of two starch with accompanying sauces and gravies;

c. A choice of at least two vegetables;

d. A choice of two desserts; and

e. A choice of beverages, including water, tea, coffee, or soft drink. Alcoholic beverages shall not be provided;

f. Boxed lunches with sandwich options may be offered.

8.3 Provide a clean, safe facility for students

8.3.1 Floors, baseboards, stairways, carpets, corners, and wall edges shall be free of dirt, dust, and debris. Glass and mirrors shall have no traces of film, dirt, smudges, or water. Carpets shall be securely installed to avoid tripping hazards and shall not be torn. Windows shall be free of stains, dust, and mold. Ceiling tiles, floor tiles, and light fixtures shall be free of stains, mold, holes, and tears. Restrooms shall be clean, disinfected, and free of dirt, deposits, streaks, and odors. Walls shall be structurally sound and not have holes or tears.

8.3.2 There shall be no evidence of roaches, ants, or any other pests that may cause an unhealthy environment.

8.3.3 Facility shall demonstrate policy and procedure implemented to provide for the physical safety and security of its patrons i.e.: security guards, video surveillance, and well-lit parking.

8.3.4 Parking

On-site parking must be well-lit, safe, and within proximity to the facility.

8.3.5 Security

The facility shall demonstrate policy and procedure implemented to provide for safety and security of its patrons’ physical safety and security, i.e., security guards, video surveillance, and well-lit parking.

8.4 General Contractor Requirements

8.4.1 Professional Conduct

All communications, verbal and non-verbal, by contractor personnel with VA-LETC staff and students, shall be courteous and professional.

8.4.2 Emergency Assistance

In the event of any emergency involving a VA-LETC student, the contractor shall contact appropriate parties, including 911, to respond to the emergency. In addition, the COR shall be notified by phone or email as soon as possible.

8.4.3 Regulatory Requirements

8.4.3.1 The contractor shall provide the services as stated in the contract requirements. The contractor’s facility shall comply with the requirements listed under paragraph 2.0, Applicable Documents.

8.4.3.2 All contractor staff shall be qualified for the tasks performed under this contract and shall be legally authorized to work in the United States.

9.0 DELIVERABLES

9.1 Training Space and Management Services, under Section 8.1.

9.2 Meal Management Services, under Section 8.2.

9.3 Professional conduct. All communications, verbal and non-verbal, by contractor personnel with VA-LETC staff and students, shall be courteous and professional.

9.4 Emergency assistance. In the event of any emergency involving a VA-LETC student, Contractor personnel will contact appropriate parties, including 911, to respond to the emergency. In addition, the Contracting Officer and VA-LETC government representative shall be notified by phone or email as soon as possible.

10.0 INSPECTION and ACCEPTANCE

10.1 The Contracting Officer and government representative shall be responsible for inspecting and accepting services under the Performance Objectives and Federal Acquisition Regulation clauses 52.246-4.

10.2 The VA-LETC reserves the right to inspect the dining facility and space offerings at any time before the award and during the contract period of performance to ensure a safe and healthy environment for VA-LETC students.

11.0 GOVERNMENT RESPONSIBILITIES

11.1 The VA-LETC shall provide a class schedule for classes that will require training space, indicating the course name, the number of students, and the size of the space required to the contractor a month in advance.

11.2 The VA-LETC shall provide a student roster to the contractor of students authorized to receive meals. VA-LETC will also include in the roster any student(s) requiring special dietary meals and what the special dietary needs are. This shall be provided to the contractor a month in advance with changes no later than a week prior to the need date.

11.2 The VA-LETC students shall sign in by name.

11.3 The VA-LETC Contracting Officer’s Representative (COR) will coordinate with the contractor for any student additions or deletions during the monthly period of performance.

11.4 Any additional charges incurred by a student, including exceeding the number of authorized meals, shall be the student’s responsibility. Only meals for VA-LETC students are authorized.

12.0 KEY PERSONNEL

12.1 The COR will be the primary designated point of contact, and an alternate, for contact by CO for account management and ordering.

13.0 QUALITY ASSURANCE

13.1 To evaluate the contractor’s performance throughout the life of the contract to ensure that the contractor is delivering the supplies acceptably required by this PWS, The Government will utilize a Quality Assurance Surveillance Plan (QASP) as defined herein.

13..1.1 QASP – Introduction: This QASP has been developed to evaluate contractor actions while implementing this PWS. The QASP provides a systematic method to evaluate the services the contractor is required to furnish. This QASP is based on the premise the Government desires to maintain a quality standard in providing offsite meal service and that a service contract to provide the service is the best means of achieving that objective.

13.1.2 QASP:

Performance Objective

Required Service Acceptable Performance Levels

Impact

On-Time Deliverables

The contractor shall be responsible for ensuring the timely performance of all deliverables under the PWS.

95% on-time delivery (unless Government causes delay)

Contractor failure to meet this performance standard may result in negative feedback in the contractor’s performance evaluation. For every 1% below the 95% standard, the contractor will be deducted 1% off the deliverable cost.

Quality The contractor shall be responsible for ensuring the quality of all deliverables IAW this PWS.

98% of the time and shall be measured by the Level One Surveys and Student Complaint Forms.

Contractor failure to meet this performance standard may result in negative feedback in the contractor’s performance evaluation. For every 1% below the 95% standard, the contractor will be deducted 1% off the deliverable cost.

Timely Conflict Resolution

The contractor shall notify the Government of any problems, delays, disputes, or other conflicts involving or affecting delivery or performance within one (1) business

98% of conflicts are acknowledged within one (1) business day (Unless Government causes a delay)

Contractor failure to meet this performance standard may result in negative feedback in the contractor’s performance evaluation. For day. every 1% below the 95% standard, the contractor will be deducted 1% off the deliverable cost.

13.1.2.1 Surveillance: The COR will evaluate the performance objectives through periodic inspections.

13.1.2.2 Standard: The contractor shall perform all work required satisfactorily under the appropriate PWS paragraph.

13.1.2.3 Procedures: The Government will inspect all performance objectives at least quarterly to ensure contractor compliance with the appropriate paragraphs of the PWS.

The contractor will record the quarterly results, noting the inspection's date and time. If inspection indicates unacceptable performance, the PM will be notified of the deficiencies for correction. The contractor shall be given an appropriate amount of time after notification to correct the unacceptable delivery or performance; the COR may approve additional time if the COR considers additional time appropriate. If deficiencies are not corrected within the required time frame the COR shall notify the CO.

13.2 The contractor shall notify the Government of any problems, delays, disputes, or other conflict involving or affecting delivery or performance within one (1) business day.

13.3 The Government reserves the right to alter or change the surveillance methods in the QASP at its discretion.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO $6,435.000000 $77,220.00

Classroom 203 / Driving Range

Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 711310 - Promoters of Performing Arts, Sports, and Similar Events with Facilities PRODUCT/SERVICE CODE: S203 - Housekeeping - Food

Funding/Req. Number: 1 $77,220.00 F36C101-24- 0000034

6.00 MO $9,647.500000 $57,885.00

Classrooms 118, 127, and 210

Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 711310 - Promoters of Performing Arts, Funding/Req. Number: 2 $57,885.00 F36C101-24-

1.00 EA $3,424.000000 $3,424.00

Additional daily charge for federal holidays / campus closures

Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 711310 - Promoters of Performing Arts, Funding/Req. Number: 3 $3,424.00 F36C101-24-

11,700.00 EA $15.000000 $175,500.00

Lunch for Students

(Special Meals Included) Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 711310 - Promoters of Performing Arts, Funding/Req. Number: 4 $175,500.00 F36C101-24-

12.00 MO $6,435.000000 $77,220.00

Classroom 203 / Driving Range

Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 711310 - Promoters of Performing Arts,

12.00 MO $9,647.500000 $115,770.00

Classrooms 118, 127, and 210

Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 711310 - Promoters of Performing Arts,

1.00 EA $3,424.000000 $3,424.00

Additional daily charge for federal holidays / campus closures

Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 711310 - Promoters of Performing Arts, 11,700.00 EA $16.000000 $187,200.00

Lunch for Students

(Special Meals Included) Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 711310 - Promoters of Performing Arts, GRAND TOTAL $697,643.00

ACCOUNTING AND APPROPRIATION DATA

ACRN APPROPRIATION

REQUISITION

NUMBER AMOUNT

1 VACO-2024--4539XRDB-

S2921000-S29210000--

LAWENFTD----252103-

FFACTIVITIES---721141709-00-

FRNCHFND-----2024------1-1-

F36C101-24-0000034 (P)

$77,220.00

2 VACO-2024--4539XRDB-

S2921000-S29210000--

LAWENFTD----252103-

FFACTIVITIES---721141709-00-

F36C101-24-0000034 (P)

$57,885.00

FRNCHFND-----2024------2-1-

3 VACO-2024--4539XRDB-

S2921000-S29210000--

LAWENFTD----252103-

FFACTIVITIES---721141709-00-

FRNCHFND-----2024------3-1-

F36C101-24-0000034 (P)

$3,424.00

4 VACO-2024--4539XRDB-

S2921000-S29210000--

LAWENFTD----252103-

FFACTIVITIES---721141709-00-

FRNCHFND-----2024------4-1-

F36C101-24-0000034 (P)

$175,500.00

SECTION C – CONTRACT CLAUSES

C.1 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT

2016)

(a) Definition.

First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.

(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

(c) The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under FAR subpart 42.15.

(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency.

(f)(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and unique entity identifier); and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

https://www.sam.gov/

(2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

(End of Clause)

C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION

(JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

€ Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph €, in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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.

€ 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.

€ 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.

€ 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;

€ 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

€ 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

€ The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

€ 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. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

(End of Addendum to 52.212-4)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[X] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved]

[] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business…