RFP 36C26222R0101 - VAGLA Landscape _ Irrigation.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

36C26222R0101 06/01/2022

Tracey Williams-Douglas 562-766-2283 06-20-2022

12:00PM PDT

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

X 100

X

561730

$8 Million

N/A

X

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

See CONTINUATION Page

Landscaping and Irrigation Maintenance and Repair Services for Veteran Affairs Greater Los Angeles Healthcare System

(VAGLAHS).

Jobsite visit will take place on Friday, 06/10/2022 at VA Greater Los Angeles Healthcare System (VAGLAHS), located at 11301 Wilshire Blvd, Los Angeles, CA 90073, Bldg 218, Room 320. Please confirm attendance for the site visit via email to tracey.williams-douglas@va.gov.

See CONTINUATION Page

X X

X 1

Sandra Fusco, Contracting Officer

36C26222R0101

Table of Contents

SECTION A

A.1 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 SCHEDULE OF SERVICES AND PRICE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

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 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

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

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.8 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION -COUNTY OF LOS ANGELES – DATED 03/15/2022

D.2 VA-FSC VENDOR FILE REQUEST FORM – ATTACHED

D.3 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION – ATTACHED

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 INSTRUCTIONS FOR PROPOSAL SUBMISSION — COMMERCIAL ITEMS

ADDENDUM

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

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 Telephone number: 562-766-2283 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] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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 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 Contract Information: 1-877-353-9791

• FSC e-Invoice email: vafsccshd@va.gov mailto:tracey.williams-douglas@va.gov mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

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

AMENDMENT NO DATE

B.2 SCHEDULE OF SERVICES AND PRICE

Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

BASE YEAR: JULY 01, 2022 – JUNE 30, 2023

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

0001 Landscape, Grounds Maintenance, and Irrigation Maintenance & Repair Services for West LA Campus.

12.00 MO

0002 Irrigation parts and supplies for maintenance and repair services

1.00 JB

GRAND TOTAL

OPTION YEAR 1: JULY 01, 2023 – JUNE 30, 2024

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

1001 Landscape, Grounds Maintenance, and Irrigation Maintenance & Repair Services for West LA Campus.

1002 Irrigation parts and supplies services

OPTION YEAR 2: JULY 01, 2024 – JUNE 30, 2025

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

2001 Landscape, Grounds Maintenance, and Irrigation Maintenance & Repair Services for West LA Campus.

2002 Irrigation parts and supplies services

OPTION YEAR 3: JULY 01, 2025 – JUNE 30, 2026

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

3001 Landscape, Grounds Maintenance, and Irrigation Maintenance & Repair Services for West LA Campus.

3002 Irrigation parts and supplies services

OPTION YEAR 4: JULY 01, 2026 – JUNE 30, 2027

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

4001 Landscape, Grounds Maintenance, and Irrigation Maintenance & Repair Services for West LA Campus.

4002 Irrigation parts and supplies services

Aggregate Totals - Base Year through Option Year Four:

Base Year:

Option Year One:

Option Year Two:

Option Year Three:

Option Year Four:

Total Contract Price:

B.3 PERFORMANCE WORK STATEMENT

1. CONTRACT TITLE: Landscaping & Grounds Maintenance and Irrigation Maintenance & Repair Services.

2. PLACE OF PERFORMANCE: VA Greater Los Angeles Medical Center, 11301 Wilshire Blvd, Los Angeles, CA 90073.

3. SCOPE: The Contractor shall furnish all necessary and appropriate labor, materials, supplies, equipment, and waste bins necessary to successfully perform landscaping, grounds maintenance, irrigation maintenance & repair as required for the Department of Veterans Affairs Greater Los Angeles Healthcare System (VAGLAHS)

4. GENERAL PROCEDURE: The Contractor shall provide all landscape maintenance and irrigation repair services for VA Greater Los Angeles Healthcare System (VAGLAHS) North & South Campuses.

North Campus includes all areas located at buildings 20 Chapel hillside (East and West of Bonsall), 220, 506, Wadsworth Theatre Building 226 from Wilshire Blvd. to San Vincente which includes the Great Lawn Area (North Campus includes all areas South of Eisenhower Ave and the Palm Garden South of Building 63).

The South Campus includes all areas and buildings within the Dowlen Dr. Circle East and West, building 523 Fisher House, 525 Patriot House and all Resident quarters West of Bonsall Ave. South of Wilshire Blvd. Contractor to furnish all labor, materials, supplies and equipment to provide installation of irrigation systems and repair of irrigation lines, sprinkler heads, timers, and control valves (facility wide).

The Contractor shall provide weed control for irrigation systems and sidewalks. All work shall comply with acceptable horticultural and landscape practices for VHAGLAHS, Local, State and Federal Regulations.

5. SPECIFIC TASKS:

The Contractor shall perform the following services:

• Lawn Maintenance (42 mowing per year minimum)

• Shrub Bed Maintenance (2 x per week)

• Tree Care & Pruning (1 x per week)

• Fertilization & Aeration (3 fertilizations & 3 Aerations per year)

• Weed Control (1 x per week)

• Trash pick-up (3 x per week outside receptacles at buildings entrances and parking lots. Estimated number of receptacles 32)

• Irrigation Installations, Operations & Repair (daily)

5.1 The Contractor shall provide daily adequate staffing to take care of the requirements of this SOW during normal business hours for grounds landscape maintenance and irrigation repair/maintenance. Contractors staff are required work 8-hour duty tour between the hours of 6:00am – 3:30pm Monday through Friday. Any overtime required is the responsibility of the Contractor.

5.2 The Contractor shall establish and provide a copy of the schedule of routine work to the Contracting Officer’s Representative (COR). The schedule shall include but not limited to lawn mowing, edging, pruning, weeding, fertilizing, irrigation repairs and weed abatement (for ground maintenance).

5.3 The Contractor shall provide a schedule of irrigation installations and routine maintenance work to the COR. The schedule shall include but not limited to irrigation systems, sprinkler repairs, control valve repairs, and weeding. The Contractor shall be expected to work along with Los Angeles County Department of Water and Power and VA for an ongoing project of installing zero landscapes on facility grounds as needed. Work shall be performed to prevent interference with patient care activities, vehicle and pedestrian traffic. All repair maintenance parts will be provided by the contractor.

5.4 The Contractor shall provide a team leader or supervisor capable of speaking English and having knowledge of all aspects of horticulture care and shall be available during normal business hours and be available to the COR to handle problems, concerns or questions.

The Contractor shall have the supervisor or team leader inspect all areas under the contract to ensure compliance and quality of work weekly.

5.5 Contractor shall be responsible for his/her equipment maintenance and storage. Some storage will be provided to the Contractor by the VA.

6. LAWN MAINTENANCE:

6.1 Lawn Mowing:

6.1.1 The Contractor shall inspect the lawn area and remove all litter and debris prior to each mowing.

6.1.2 The Contractor shall mow the lawn one time per week during active growing periods and as often as required during slow periods of growth to maintain a neat and manicured appearance, weather permitting.

6.1.3 The Contractor shall mow the lawn in accordance with the following:

6.1.3.1 Mowing height for all irrigated lawn areas shall be no less than 1 ½ inches and no more than 3 inches for a finished cut height unless otherwise requested. Lawn shall be cut at a uniform height. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented. Mowing pattern shall be varied where possible to reduce rutting and compaction of grade. Any excess clippings shall be dispersed and/or collected to prevent damage and unsightly appearance of lawns.

6.1.4 In Non-Use Areas (Mitigation Areas), the Contractor shall perform weed abatement to keep areas clean and weeds under six (6) inches in height. Methods may be mechanical or chemical using only approved herbicides by state and federal laws. Litter and debris shall be removed as needed.

6.2 Edging & String Trimming:

6.2.1 The Contractor shall edge all sidewalks curb lines, concrete slabs, tree circles, planter bed edges and the fence edges as often as necessary to maintain a neat and manicured appearance. The Contractor shall perform string trimming around all trees, shrubs, road signs, guard posts, utility poles, and other obstacles. Debris from edging must be cleaned up immediately after edging.

6.2.2 The Contract shall clean all Sidewalks, Walkways and Entry Ways.

6.2.3 At the conclusion of area mowing, The contractor shall clean/remove any and all debris from sidewalks/walkways, and roads adjacent to work areas.

7. SHRUB PLANTER BED MAINTENANCE:

7.1 The Contract shall inspect landscape areas throughout the growing season for weeds, litter and debris. Particular attention shall be paid to entryways, focal points and high traffic areas.

7.2 The Contractor shall groom Planter beds to promote a fresh appearance.

7.3 The Contractor shall keep Concrete swales (if applicable) clear of miscellaneous dirt and debris.

7.4 The Contractor shall perform trimming, edging, and weeding of all shrub and ground areas on a cyclical basis. Pruning shall be done following flowering or during plant’s dormant season.

7.5 The Contractor shall be trained and demonstrate competency in proper pruning techniques.

7.6 The Contractor shall prune shrubbery and hedges at established “maintenance” height.

7.7 The Contractor shall prune groundcover as required to “contain” perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover shall be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces.

7.8 The Contractor shall perform the shearing of plants only where previous practice has been to shear, or as directed.

7.9 The Contractor shall remove leaves and debris from lawns, planter beds, and walkways.

This task shall be completed throughout the year as needed to maintain a clean appearance.

8. TREE CARE & PRUNING:

8.1 The Contractor shall “skirt” all trees as needed to allow for pedestrian vehicle clearance.

Remove lower branches of trees when in conflict with growth of plantings beneath. On trees that are over 12’ only low hanging branches that are considered a hazard to pedestrians or vehicles shall be pruned as part of this agreement. VA will perform annual tree trimming of trees over 12’ in height.

8.2 The Contractor shall prune all trees less than 12’ total height to remove weak, dead, damaged and diseased portions of the plant for natural growth development.

8.3 The contractor shall perform cuts that are flush and clean, leaving no stubs or tearing of bark. Major pruning shall be done following flowering or during plant’s dormant season.

8.4 The Contractor shall perform pruning by qualified staff that have been trained and demonstrate competency in proper pruning techniques.

8.5 The Contractor shall monitor trees that are staked or guyed. Loosen and/or remove supports when appropriate to prevent girdling of the trunk and encourage root development for support.

9. FERTILIZATION:

9.1 The Contractor shall provide all labor and materials to fertilize lawn, shrubs and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance.

9.2 The Contractor shall fertilize turf shrub and ground cover areas with specially formulated products that are well-balanced slow-release fertilizers.

9.3 The Contractor shall select fertilizer product/s based on plant type and season.

10. ENVIRONMENTAL WEED CONTROL:

10.1 The Contractor shall perform all applications of herbicides or pesticides under the direction of a California Licensed & Certified Pest Control Specialist. All safety precautions shall be taken in the handling and application of chemicals as stated on manufacturer’s labels.

10.2 The Contractor shall treat broadleaf turf weeds as needed in the spring and fall with applicable materials.

10.3 The Contractor shall control weeds in shrub, planter beds, ground cover areas, tree circles, and sidewalk cracks adjacent to landscaped areas by a manual weeding program or by the use of selective herbicides, including pre-emergent herbicides.

10.4 The Contractor shall monitor planting areas for insect and disease infestations. Moles, field mice, ground squirrels, gophers and other rodent activity shall be monitored.

Notification of problems and recommendations for timely and appropriate, control measures shall be sent to the COR and/or Environmental Management Service.

10.5 The Contractor shall maintain on site and make available on site, the Safety Data Sheets

(SDS) for all chemicals used on site(s) in accordance with EPA and OSHA regulations.

Copies of all SDS sheets shall be given to the COR and VHAGLAHS Fire and Safety Service prior to application of product.

10.6 Contractor shall at all times be in compliance with requirements for hazardous communications programs.

11. TRASH PICK-UP: Contractor shall remove trash from all outside trash receptacles located throughout the work areas and parking lots for this SOW. All outside waste receptacles shall be relined with a new plastic liner when trash is removed, leaving no trash/fluids around the receptacle on the ground and trash receptacles cleaned as required. Trash removal includes keeping the grounds and streets in the work areas clean and free of trash/debris VA Facility will provide a green waste and general trash dumpster and general waste dumpster at Building 509 Waste Recycling Facility. Green waste shall be segregated from general waste.

12. IRRIGATION EQUIPMENT AND OPERATIONS:

12.1 The Contractor shall repair irrigation systems in the area requested by COR. All equipment and supplies will be provided by the Contractor.

12.2 The Contractor shall adjust controller programs as determined by weather and plant requirements. Controllers shall be shut off during periods of rain. Watering shall be scheduled for night or early mornings prior to 6:00am unless instructed differently by the

COR.

12.3 The Contractor shall clean and adjust the sprinkler system, turn on each zone, monitor for leaks or malfunctioning parts, and adjust for proper spray arc, and maximum system efficiency.

12.4 The Contractor shall be responsible for VA Facility wide repairs to the sprinkler system.

Repairs include replacing pipe, control valves, broken sprinkler heads, risers and fittings from the lateral to riser. Damage, vandalism or malfunctioning components shall be reported to the COR. Damage to the irrigation system by the Contractor shall be repaired immediately at no additional charge to the Government. Sidewalks/walkways and roads adjacent to work areas shall be blown clean after repair.

12.5 Parts that are required outside of routine maintenance services, the Contractor shall provide a quote for review and approval by the COR. Payment will be made by separate Purchase Order or Government Purchase Card.

13. SAFETY AND FIRE PREVENTION:

13.1 In the performance of this contact, 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 Contracting Officer may issue an order stopping all, or any part, of the work.

13.2 The Contractor shall comply with applicable Federal, State, and local safety and fire regulations and codes, which are in effect during the performance period of the contract.

13.3 The Contractor personnel shall follow applicable facility policies concerning fire/disaster programs.

14. VA POLICY: Possession of weapons, smoking/vaping is prohibited on all VA Facility Grounds.

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.

15. HOURS OF SERVICE: Monday thru Friday from 7:00 a.m. to 4:00 p.m. (normal business hours) excluding holidays.

16. NATIONAL HOLIDAYS:

New Year’s Day January 01

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Independence Day July 04

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

17. CONTRACTOR PERSONNEL: The Contractor shall provide a contract program manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting Officer. The Contractor’s Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

17.1 PROGRAM MANAGER

Company Name:

Address:

Phone No:

18. CONTRACTOR EMPLOYEES: The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

18.1 Contract Personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC).

18.2 BADGE Contractor shall obtain a “Contractor I.D Badge” from the VA Police. All Contractor personnel are required to wear I.D Badge during the entire time on VA facility.

The I.D Badge MUST have an identification picture and shall state the name of the individual and the company represented.

18.3 PARKING: It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information is available from VA Police & Security Service Office. The Contractor assumes full responsibility for any parking violations.

18.4 SMOKING: Contractor personnel may smoke only in designated areas. It is the responsibility of the VISN 22 Healthcare Facilities to provide a safe and healthful environment for employees and patients and to serve as a leader in community health awareness and education. It is in fulfillment of this obligation that the facilities are committed to the establishment of a smoke-free environment. This policy applies to every location in the Healthcare Facilities. There shall be no smoking within 25 feet of all entrances to buildings. Smoking is allowed in all outside areas that are 25 feet away from entrances to buildings unless indicated otherwise. Enclosed patios connected to facility buildings are considered part of the building and as such are non-smoking areas.

18.5 ADP SECURITY: Protection of Computer Equipment, confidentiality of patient information, and the integrity of computer software/data at all Healthcare Facilities are essential. Software installed on each PC is copyrighted and copy of software for use elsewhere is prohibited. In the event of a possible security violation, the Healthcare Center’s ADP Security Committee shall investigate and recommend corrective action to the appropriate agency.

19. CHANGES: Only those services specified herein are authorized. Before performing any service of a non-contract nature, the Contractor shall advise the Contracting Officer of the reasons for the additional work. Changes to the resulting contract are not authorized, unless in writing by the Contracting Officer.

Contact Name:

Email:

20. INVOICING & PAYMENT: The Contractor shall submit in arrears a properly completed itemized invoice in accordance with FAR clauses 52.212-4(g) Contract Terms and Conditions – Commercial Items via OB10 www.ob10.gov.

20.1 Invoices submitted for payment shall be reviewed for accuracy and shall be subject to approval by the Government prior to issuance of payment.

20.2 The invoice MUST be itemized to include the following information.

1. Facility name and address where service was provided

2. Contract number

3. Purchase order number

4. Quantity

5. Cost

6. Date

20.3 No advance payments shall be authorized. Payment shall be made on a monthly arrears for services provided during the billing month in arrears in accordance with FAR 52.212- 4, para. (i) Upon submission of a properly prepared invoice for prices stipulated in this contract for services delivered and accepted in accordance with the terms and conditions of the contract, less any deductions stipulated in this contract.

20.4 Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

http://www.ob10.gov/

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

EFT.

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

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

(i) Payment.—

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

(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

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:

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

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

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

(End of Clause)

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION

OCT 2018

852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS JAN 2008

852.237-75 KEY PERSONNEL OCT 2019

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

JAN 2022

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOV 2021

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

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 14 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 30 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 five (5) years.

(End of Clause)

C.5 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause—

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(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.

https://www.saferfederalworkforce.gov/contractors/

[] 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 Addendum to 52.212-4)

C.7 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…