RFP 36C26221R0034 Temp Staffing.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. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 79

36C26221R0034 02-05-2021

Tracey Williams-Douglas 02-18-2021

12:00 PM PST

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

X 100

X

561320

$30 Million

N/A

36C691

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

Los Angeles CA 90073

36C262

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

Tungsten Network Financial Services Center Submit Invoices Electronically to:

www.tungsten-network.com/us/en

1-877-752-0900

See CONTINUATION Page

Temporary Warehouse Staffing for Supply Chain Management Functions for Veteran Affairs Greater Los Angeles Healthcare System (VAGLAHS).

See CONTINUATION Page

X X

Danielle Carroll

36C26221R0034

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES AND PRICE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

2018)

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

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

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

C.5 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

C.8 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2020)

SECTION D – WAGE DETERMINATION – LA COUNTY

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS —COMMERCIAL ITEMS ADDENDUM ... 59

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY

REFERENCE (JAN 2008)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2020)

SECTION B – CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Department of Veterans Affairs, Network Contracting Office -22 Tracey Williams-Douglas, Contract Specialist 4811 Airport Plaza Drive Suite 600, Long Beach, CA 90815

Email: Tracey.Williams-Douglas@va.gov

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

[X] 52.232-34, Payment by Electronic Funds Transfer— System for Award Management, [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

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

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

• Website: www.tungsten-network.com

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

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

AMENDMENT NO DATE

mailto:Tracey.Williams-Douglas@va.gov mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

B.2 SCHEDULE OF SERVICES AND PRICE

Payment for Services: The rates identified below are all-inclusive hourly rates for services rendered. The Government shall only pay for services actually rendered at the hourly rate indicated for each line item. Any unused excess funds will be de-obligated at the end of the period of performance via a modification to this task order.

Base Period: March 1, 2021 – June 30, 2021

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Material Handler – (2) Full-time Employees.

1st Shift - (07:30 am – 04:00 pm, Monday through Friday)

(8) Hours per Shift.

(120) Total Hours per Full-time Employee TOTAL HOURS = 2x8x120.

TOTAL HOURS: 1,920

1,920.00 HR

0002 Supply Technician – (1) Full-time Employee.

1st Shift - (07:00 am - 03:30 pm, Monday through Friday)

(8) Hours per Shift.

(120) Total Hours per Full-time Employee TOTAL HOURS: = 1x8x120.

TOTAL HOURS: 960

960.00 HR

0003 Supply Technician – (1) Contracted Staff 2nd Shift - (02:30 pm - 11:00 pm, Sunday through Thursday)

(8) Hours per Shift.

(120) Total Hours per Full-time Employee

GRAND TOTAL:

Option Period 1: July 1, 2021 – October 30, 2021

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Material Handler – (2) Full-time Employees.

1st Shift - (07:30 am - 04:00 pm, Monday through Friday)

(8) Hours per Shift.

(120) Total Hours per Full-time Employee TOTAL HOURS = 2x8x120.

TOTAL HOURS: 1,920

1,920.00 HR

1002 Supply Technician – (1) Full-time Employee.

1st Shift - (07:00 am - 03:30 pm, Monday through Friday)

(8) Hours per Shift.

(120) Total Hours per Full-time Employee

1003 Supply Technician – (1) Contracted Staff 2nd Shift - (02:30 pm - 11:00 pm, Sunday through Thursday)

(8) Hours per Shift.

(120) Total Hours per Full-time Employee

GRAND TOTAL:

B.3 PERFORMANCE WORK STATEMENT

1. Contract Title: Warehouse Temporary Staffing

2. Place of Performance: Veteran Affairs Greater Los Angeles (VAGLAHS), Logistics Services

Department (Warehouse Section), 11301 Wilshire Blvd, Los Angeles, CA 90073.

3. Scope: The Contractor shall furnish all necessary and appropriate labor, parts, tools, and qualified personnel to perform Temporary Staffing for the Warehouse Section located at the VA Greater Los Angeles Healthcare System, 11301 Wilshire Blvd, Los Angeles, CA 90073.

For the Government to comply with federal law, Contractor shall ensure that individual members of the Contractor’s staff do not work more than 240 days within a two-year period performing the same tasks as required by this contract. Contractor shall monitor the number of days that each staff member has performed work under this contract and shall remove staff members from providing services under this contract when a staff member reaches the limitation on workdays described in this paragraph.

4. Requirements:

4.1. The Contractor shall provide temporary staffing, duties, and hours as shown below:

4.1.1. Materials Handler/Warehouse Duties:

4.1.1.1. Contractor shall receive and deliver supplies and equipment

4.1.1.2. Contractor shall receive, store and move hazardous and toxic materials and substances, such as certain types of chemicals or radioactive materials, in accordance with facility and regulatory requirements.

4.1.1.3. Contractor shall prepare shipping and inventory documents for manual or automated inventory systems. Contractor shall conduct inventory of stock on hand and communicate discrepancies to leadership. Contractor shall ensure products and shelving are marked with corresponding identification numbers.

4.1.1.4. Contractor shall consolidate materials and provide maximum space utilization and protection of materials. Contractor shall coordinate incoming and outgoing shipments and placement of materials on the docking area, which may require scheduling personnel to facilitate movement of materials in accordance with priorities, scheduling requirements and space allocations.

4.1.1.5. Contractor shall assist in developing plans for storage and arrangement of stock in accordance with VA policies and regulations that determine the configuration setup, movement, rearrangement and traffic flow. Contractor shall manage space and storage in accordance with VA policies and regulations for a specific commodity or equipment group, such as general supplies, construction materials, medical supplies, and high value items.

4.1.1.6. Contractor shall serve as a member of warehouse project team of materials handlers involved in special projects, as needed, such as conversion of the warehouse from a manual to an automated system, relocating a major commodity or equipment group, or setting up a new commodity group area.

4.1.1.7. Contractor shall support wall-to-wall and periodic inventories.

Contractor shall assists as needed, in other functional areas of the section and perform other duties as assigned. Contractor shall provide and receive supplies and materials to the VA Health Care System and supported catchment area.

4.1.1.8. Contractor shall unpack/uncrate supplies from shipping cartons;

properly store supplies and material in main/primary inventory areas; store items in accordance with established guidelines; utilize a computerized inventory system to ensure sterility and integrity of the supplies and material and the data integrity of the inventory management system. Through periodic inventory and discussion with ward and clinical personnel, contractor shall maintain stock levels; return reusable supplies to the distribution area and inform clinic and ward personnel on new or changed items, supplies, current medical supply resources, and shelf life. Contractor shall perform other duties as assigned.

4.1.1.9. Contractor shall provide supervision of all temporary staff, to include monitoring performance and timekeeping.

4.1.2. Materials Handlers/ Warehouse Hours. Full-time (8 Hours per day), Monday – Friday:

4.1.2.1. First (1st) Shift: 07:00 am - 03:30 pm, Monday through Friday

4.1.3 Supervisor/Manager Duties:

4.1.3.1 This position shall also serve as a Supply Technician located within the Medical Supply Distribution (MSD) area of the Supply Chain Management Service in a Veteran Affairs Greater Los Angeles Healthcare System (VAGLAHS) performing work that involves supervision and timekeeping of all temporary staff.

4.1.3.2 Work Schedule: Contractor shall work Full-Time (8 hours per day), Rotating Schedule: (must be able to rotate to work on the weekend and holidays)

2nd shift 2:30 pm-11:00 pm, Sunday through Thursday

4.1.3. Supply Technician Duties:

4.1.3.1. Contractor shall provide temporary supply technicians whose primary duties are to ensure that supplies and material are distributed to all areas serviced by Logistics to include, sterile and non-sterile medical supplies. Assignment functions include but are not limited to: physical inventory of supplies and materials utilizing a barcode scanner, creating orders, pulling supplies, and restocking the distribution points. Contractor shall have knowledge of applicable policies and procedures as well as inventory systems such as the generic inventory package (GIP), bar-coding, aseptic procedures and Logistics processes.

4.1.4. Supply Distribution:

4.1.4.1. Contractor shall maintain stock at secondary inventory locations for all clinical and administrative services. Contractor shall pull stock inventory and material from main inventory for delivery; replenish stock inventory; interacting with clinical customers to ensure issues and needs are identified and either resolved or escalated to supervisors as needed; recommending revisions in stock levels as needed to supervisor; communicating to the lead or supervisor any concerns related to supplies and procedures; providing information as needed orally or in writing regarding customer concerns and general telephone inquiries; communicating with customers to obtain information regarding medical supplies.

4.1.4.2. Contractor shall monitor expiration dates and rotate stock to limit outdates of stock and remove items from use as required by the outdates. Contractor shall support manager in checking inventory for stock to identify recalled items and hazard alerts; ensure critical supplies are appropriately monitored and controlled, resolve deviations when possible, and escalate significant deviations to the supervisor.

4.1.4.3. Contractor shall perform daily inventory of secondary inventory points using bar coding equipment on a predetermined schedule that will allow for timely replenishment orders. Contractor shall resolve discrepancies between records and physical count of stock.

4.1.4.4. Contractor shall distribute items according to established requirements in computerized inventory management systems such as GIP. Utilize a pager or similar device to expedite the pick/delivery of items needed in user areas throughout the Veteran Affairs Health Care System (VA HCS) and supported catchment area. Contractor shall fill requests for items based on daily schedules of need or an emergency as appropriate.

4.1.4.5. Contractor shall clean assigned secondary areas (shelves and bins) in accordance with aseptic principles as published in infection control guidelines, local Standard Operating Procedures (SOPs), and Joint Commission standards as scheduled.

4.1.4.6. Contractor shall deliver supplies in a timely and accurate manner.

Contractor shall ensure supplies and material delivered are in sterile/clean and operational condition. Contractor shall make deliveries to wards, clinics and other secondary locations that may be in remote sites. Delivery by motor vehicle may be required. Contractor shall complete specialty cart preparation and stocking.

4.1.4.7. Contractor shall support wall-to-wall and periodic inventories.

Contractor shall assists as needed, in other functional areas of the section and perform other duties as assigned.

4.1.4.8. Contractor shall unpack/uncrate supplies from shipping cartons;

properly store supplies and material in main/primary inventory areas; store items in accordance with established guidelines; utilize a computerized inventory system to ensure sterility and integrity of the supplies and material and the data integrity of the inventory management system. Through periodic inventory and discussion with ward and clinical personnel, Contractor shall maintain stock levels, return reusable supplies to the distribution area, and inform clinic and ward personnel on new or changed items and supplies, current medical supply resources, and shelf life. Contractor shall perform other duties as assigned.

4.1.4.9. Contractor shall provide supervision of all temporary staff, to include monitoring performance and timekeeping.

4.1.5. Supply Technician Hours. Full-time (8 Hours per day), Rotating Schedule:

4.1.5.1. First (1st) Shift: 07:00 pm - 03:30 pm, Monday through Friday

4.1.5.2. Second (2nd) Shift: 02:30 pm - 11:00 pm, Sunday through Thursday

5. General Requirements: The Contractor shall coordinate the onboarding of contract staff with the Contracting Officer’s Representative (COR). Any changes to Contractor Key Personnel will be reviewed by the COR. The COR will communicate and coordinate any directions with the Contractor’s designated representative. The Contractor shall provide qualified personnel per the qualifications set forth herein. The Contractor shall ensure they have qualified staff for all shifts during the hours of operation as previously defined in this statement of work. The Contractor shall provide staff and services according to the criteria set forth in this contract, and all personnel including any replacement personnel shall meet all contract requirements.

6. Hours of Services: The contractor shall provide four (4) staff per day during the hours and days prescribed below. Contractor staff shall be present and working during the specified timeframes. The COR shall approve any changes to this requirement in writing.

6.1.

Labor Categories Shift Hours Number of Specialist

Material Handler B297 1st Shift 07:30 am – 04:00pm, Monday - Friday

Supply Technician 1st Shift 07:00 pm - 03:30 pm, Monday - Friday

Supply Technician 2nd Shift 02:30 pm - 11:00 pm, Sunday - Thursday

7. Contracting Officer Representative (COR): Delegation of Authority letter(s) shall be forwarded to the Contractor after contract award identifying the COR(s) and all representatives of Veteran Affairs Medical Center authorized to order services and to accept or reject services from the Contractor. This designation shall be furnished in writing to the Contractor prior to commencement of the contract.

8. Federal Holidays: The Contractor is not required to provide services on the following Federal Holidays (in addition to other federal recognized days as specified by the Office of Personnel Management): The ten holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day and any other day specifically declared by the President of the United States to be a federal holiday.

9. Changes to Contract: Only those services specified herein are authorized. Changes to the contract are not authorized and reimbursement shall not be made for any work or services performed outside the scope of this contract, unless prior authorization is obtained in writing from the Contracting Officer.

10. Monitoring Procedures: The Contracting Officer Representative (COR) shall be responsible for monitoring the Contractor's performance. Performance deficiencies or poor performance identified during the term of the contract shall be reported to the Contractor. Upon notification of deficiencies or poor performance, the Contractor shall be given a reasonable time to take corrective action. If determined appropriate, the Contracting Officer, COR and/or other VA staff members shall meet with representatives of the Contractor to review performance and resolve issues.

11. Contractor Employee Rosters: Current written rosters of all regular and alternate employees shall be provided to the CO and COR. Employees not listed on the rosters shall not be allowed to work at the VAGLAHS. The Contractor shall ensure that sufficient backup employees are trained, have had a background investigation completed and received a VA issued contractor badge and are available to provide the required services.

12. Contractor Point of Contact:

12.1 The Contractor shall designate one (1) employee as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have authority to act for Contractor on all matters relating to the daily performance of this contract. An alternate may be designated, but the Contractor shall notify the Contracting Officer and COR in writing those times when the alternate shall act as the POC.

12.2 The Contractor shall provide the name and telephone number of the person designated as the

Point of Contact and Alternate on the space below:

12.2.1. Point of Contact, Name:

12.2.2. Telephone Number:

12.2.3. Alternate Point of Contact, Name:

12.2.4. Telephone Number:

13. Badges: All contractor employees shall always be required to wear VA provided identification (I.D.) badges above the waist while on the VA grounds. Contractor shall be required to coordinate with the COR to obtain the VA provided I.D. badges for all staff. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear ID badges may result in removal from any of the VA facilities and/or otherwise referred to Government property.

14. Standards of Conduct:

14.1 The Contractor employees shall present a neat, well groomed, professional appearance at all time. The Contractor employees shall not wear sandals, flip-flop style footwear, or open toed shoes.

14.2 Contractor employees found to be under the influence of, consuming, or using alcohol or drugs while on duty shall be subject to administrative action from the CO, which may include contract termination. Alcohol/Drug use in the workplace shall not be tolerated.

14.3 The Contractor shall ensure that all contractor employees have met qualifying criteria.

Ultimately, the decision to accept or reject contractor employees’ rests with the CO. Non-acceptance of contractor employees does not relieve the contractor from satisfying and fulfilling the requirements of the contract.

14.4 The Government reserves the right to refuse acceptance of Contractor employees whose personal or professional conduct jeopardized or interferes with the operation of the facility.

Breaches of conduct include intoxication or debilitation resulting from drug use, theft, dereliction or negligence in performing directed tasks, or other abuse, or other conduct resulting in formal complaints by staff members to designated Government Representatives.

Standards for conduct shall mirror those prescribed by current Federal Employees Regulations.

16. Security Background Checks:

16.1. The Contractor employees shall complete a fingerprint and have a National Criminal History Check (NCHC) completed prior to performing services.

16.2. The Contractor employees will only be issued non-PIV badges and do not require a full background investigation.

17. Insurance Liability: Prior to commencement of work to be performed, the Contractor shall furnish an insurance certificate indicating that the coverage outlined in paragraphs a and b have been obtained and that it may not be changed or canceled without a guaranteed thirty (30) day notice to the CO.

17.1. The Contractor shall maintain Workers Compensation and Employee’s Public Liability Insurance in accordance with the laws of California.

17.2. The Contractor shall comply with all applicable Federal and State laws regarding liability for the injury or death of an employee in performing the work under this contract and shall hold the Government harmless against any or all loss, cost, damage, claim expense or liability for accident or injury to persons or property occurring in the performance of this contract.

18. Safety and Fire Prevention: The Contractor shall take such safety precautions as necessary to protect the lives and health of the occupants of the building. Fire and Safety deficiencies, which exist and are part of the responsibility of the contractor, shall be immediately corrected. If the Contractor fails or refuses to correct deficiencies promptly, the CO may issue an order stopping all, or any part, of the work. The Contractor shall comply with applicable Federal, State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract. The Contractor employees shall follow applicable facility policies concerning fire/disaster programs.

19. Other Requirements.

19.1 VA Policy: Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

19.2 Parking Policy: It is the responsibility of the Contractor employees to park only in designated parking areas. Parking information is available from the VA Police. The VA shall not validate or make reimbursement for parking violations of the Contractor’s employees under any circumstances.

19.3 Smoking Policy: Smoking is strictly prohibited on the ground of any VHA facility. Per

VHA directive 1085 dated March 5, 2019, it is VHA policy that all VHA health care facilities, including hospitals, community clinics, administrative offices and Vet Centers, will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019. There will no longer be designated smoking areas.

SECTION C – CONTRACT CLAUSES

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

ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

EFT.

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

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

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [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 ITEMS

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

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

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

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

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two (2) years.

(End of Clause)

C.5 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL (MAY 2020)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems.

(End of Clause)

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

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

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

FAR

Number

Title Date

852.237-73 CRIME CONTROL ACT—REQUIREMENT FOR

BACKGROUND CHECKS

OCT 2019

C.8 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Addendum to 52.212-4)

FAR

Number

Title Date

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS ALTERNATE II (NOV 2020)

NOV 2020

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and…