RFP 36C26223R0005 - CTRS Veteran Service Monitors.pdf
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- Attached to
- R699--CTRS SERVICE MONITORS Federal contract opportunity
- Solicitation number
- 36C26223R0005
About this file
This request for proposal solicits Care, Treatment and Rehabilitation Services (CTRS) Service Monitors for the VA Greater Los Angeles Healthcare System. The contractor shall provide three Lead Monitors and eight Service Monitors to supervise Veterans in a 24-hour residential facility, ensuring safety and compliance with program rules while assisting with meals, laundry, maintenance, and life skills training. The contract period of performance is five years from December 2022 through December 2027, with pricing provided for an original base year and four option years. The minimum guarantee is $5,000 and maximum value is $3,000,000 to be issued in delivery orders.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 36C26223R0005 0004.pdf | ||
| 36C26223R0005 0004_1.docx | DOCX document | |
| 36C26223R0005 0003.pdf | ||
| RFP 36C26223R0005 - CTRS Veterans Service Monitors.pdf | ||
| 36C26223R0005 0003.pdf | ||
| D.2 Reference Contract Worksheet.pdf | ||
| 36C26223R0005 0003_1.docx | DOCX document | |
| D.4 WAGE DETERMINATIONS - LA COUNTY - 07-20-22.pdf | ||
| D.3 VA-FSC VENDOR FILE REQUEST FORM.pdf | ||
| 36C26223R0005 0002_1.docx | DOCX document | |
| 36C26223R0005 0002.pdf | ||
| 36C26223R0005 0001.pdf | ||
| 36C26223R0005 0001_1.docx | DOCX document | |
| D.4 REFERENCE CONTRACT WORKSHEET.docx | DOCX document | |
| D.6 WAGE DETERMINATIONS - LA COUNTY - 07-20-22.pdf | ||
| 36C26223R0005_1.docx | DOCX document | |
| D.5 VA-FSC VENDOR FILE REQUEST FORM.pdf | ||
| D.2 - VA NOTICE OF LIMITATIONS ON SUBCONTRACTING_CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION.pdf |
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Text version
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
36C26223R0005 11-17-2022
Tracey Williams-Douglas 12-02-2022
12:00 PM PDT
36C262
Department of Veterans Affairs
Network Contracting Office 22
4811 Airport Plaza Drive
Suite 600
Long Beach CA 90815
X
561990
$12 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
Care, Treatment, and Rehabilitative Services (CTRS)
Service Monitors for Veterans Affairs Greater Los Angeles
Healthcare System (VAGLAHS).
Please see subsequent pages for details.
Contracting POC: tracey.williams-douglas@va.gov
See CONTINUATION Page
X X
X 1
Alfreda Hunter, Contracting Officer
36C26223R0005
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 52.216-18 ORDERING (AUG 2020)
C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)
C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)
C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA
ACQUISITION OF COMMERCIAL ITEMS (APR 2020)
C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND
COMPLIANCE (JUL 2018)
C.10 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)
(DEVIATION)
C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
D.1 VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-
D.2 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF
COMPLIANCE FOR SERVICES AND CONSTRUCTION
D.3 PRICE WORKSHEET
D.4 REFERENCE CONTRACT WORKSHEET
D.5 VA-FSC VENDOR FILE REQUEST FORM
D.6 WAGE DETERMINATION -COUNTY OF LOS ANGELES – DATED 07/20/2022
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.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.5 52.216-1 TYPE OF CONTRACT (APR 1984)
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)
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, 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] 52.232-33, 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
This is a Firm Fixed Price, Indefinite Delivery, Indefinite Quantity, (IDIQ) contract for CTRS Monitor
Services for the VA Greater Los Angeles Healthcare System (VGLAHS). The Contractor shall provide all management, labor, supervision, and supplies. Prices in this schedule represent an all-inclusive rate including management, labor, supervision, and supplies. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.
The guaranteed minimum amount for this contract is $5,000.00. The maximum aggregate value of the orders that can be placed under this contract is $3,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.
The previous year pricing will apply to any extension pursuant to FAR 52.217-8
The contract period of performance for this FFP, IDIQ is Five (5) years from December 16, 2022 through December 15, 2027. The schedule of services and price below indicates pricing for each contract year.
BASE YEAR: DECEMBER 16, 2022 - DECEMBER 15, 2023
ITEM
NUMBER
DESCRIPTION OF
SERVICES UNIT PRICE PER UNIT
0001 CTRS VETERAN SERVICE
LEAD MONITORS:
Three (3) Lead Monitors.
HR
0002 CTRS VETERAN SERVICE
MONITORS:
Eight (8) Service Monitors.
0003 CTRS Night Differential
Benefits. Night Differential for shifts 2, 3, & 4.
Night pay is a percent differential paid to an employee for regularly scheduled work performed at night.
OPTION YEAR 1: DECEMBER 16, 2023 - DECEMBER 15, 2024
DESCRIPTION OF
SERVICES UNIT PRICE PER UNIT
1001 CTRS VETERAN SERVICE
1002 CTRS VETERAN SERVICE
1003 CTRS Night Differential
Benefits.
Night pay is a percent differential paid to an employee for regularly
OPTION YEAR 2: DECEMBER 16, 2024 - DECEMBER 15, 2025
DESCRIPTION OF
SERVICES UNIT PRICE PER UNIT
2001 CTRS VETERAN SERVICE
2002 CTRS VETERAN SERVICE
2003 CTRS Night Differential
Night pay is a percent differential paid to an employee for regularly
OPTION YEAR 3: DECEMBER 16, 2025 - DECEMBER 15, 2026
DESCRIPTION OF
SERVICES UNIT PRICE PER UNIT
3001 CTRS VETERAN SERVICE
3002 CTRS VETERAN SERVICE
3003 CTRS Night Differential
Night pay is a percent differential paid to an employee for regularly
OPTION YEAR 4: DECEMBER 16, 2026 - DECEMBER 15, 2027
DESCRIPTION OF
SERVICES UNIT PRICE PER UNIT
4001 CTRS VETERAN SERVICE
4002 CTRS VETERAN SERVICE
4003 CTRS Night Differential
Night pay is a percent differential paid to an employee for regularly
B.3 PERFORMANCE WORK STATEMENT
1. CONTRACT TITLE: Care Treatment and Rehabilitation Services (CTRS) Service
Monitors.
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 labor, materials, supplies, and equipment, necessary to successfully perform Veteran Service Monitor and Admin Staff Services for
Veterans Affairs Greater Los Angeles Healthcare System (VAGLAHS).
4. GENERAL PROCEDURE: The Contractor shall provide Care, Treatment and
Rehabilitation Services (CTRS) in a safe, low-barrier, and supportive 24-hour residence to Veterans experiencing homelessness. The Contractor shall provide Veteran participants shelter, food, and clinical case management services to support their trajectory towards obtaining permanent housing.
5. SPECIFIC TASKS:
5.1 CTRS VETERAN LEAD SERVICE MONITOR.
5.1.1 Veteran Service Lead Monitors shall perform the following:
5.1.1.1 The Contractor shall arrange, coordinate, supervise, mentor, and oversee the
Veteran Service Monitor’s efforts to provide security of the program premises, and safety for program clients, visitors, and employees.
5.1.1.2 The Contractor shall provide safety training to the Veteran Service Monitor staff and provide ongoing safety oversight.
5.1.1.3 The Contractor shall perform Monitor duties on behalf of program clients/participants, as well as leading and training Monitors.
5.1.1.4 The Contractor shall assign shifts and ensure that Veteran Service Monitors are scheduled around the clock (24/7), plan personal shifts to observe each shift during the week.
5.1.1.5 The Contractor shall provide safe operations and report and correct any spills, unsafe working conditions, or defective equipment.
5.1.1.6 The Contractor shall monitor and report suspicious or unusual activity to the appropriate authorities; investigate alarms or noises and remove trespassers from the facility/property.
5.1.1.7 The Contractor shall work in partnership with on-site security.
5.1.1.8 The Contractor shall respond to emergency situations as appropriate.
5.1.1.9 The Contractor shall request emergency services personnel, such as law enforcement, fire department, and paramedics in cases of emergencies.
5.1.1.10 The Contractor shall complete and oversees written reports and incident logs of daily activities.
5.1.1.11 The Contractor shall answer telephone and take messages for participants and staff.
5.1.1.12 The Contractor shall resolve participant issues as needed using de-escalation and crisis intervention techniques to help participants work through conflict.
5.1.1.13 The Contractor shall assist with the serving of daily meals.
5.1.1.14 The Contractor shall monitor and or assist with maintenance of resident laundry schedule.
5.1.1.15 The Contractor shall work with participants to improve their independent living skills.
5.1.1.16 The Contractor shall monitor maintenance concerns as needed.
5.1.1.17 The Contractor shall assign and take on special projects as needed.
5.1.1.18 The Contractor shall attend and participate in team meetings, trainings, case conferencing, etc.
5.1.1.19 The Contractor shall facilitate and supervise regularly scheduled resident house meetings.
5.1.1.20 The Contractor shall adhere to all Veterans Health Administration and
VAGLA Rules, Regulations, and Policies.
5.1.1.21 The Contractor shall work, assist, and/or collaborate with security to ensure safety of participants, staff, volunteers, and visitors on the property.
5.1.1.22 The Contractor is responsible for maintaining thorough and accurate records in both written form (hard copies) and through the Homeless
Management Information System (HMIS).
5.1.1.23 The Contractor shall establish and maintain good rapport and working arrangements with co-workers, including the management team and other staff.
5.1.1.24 The Contractor shall create and maintain a shelter in that is safe.
5.1.1.25 The Contractor shall observe and adhere to department guidelines concerning absences and reports in accordance with departmental procedures.
5.1.1.26 The Contractor shall be direct liaisons for CTRS participants; fielding complaints, concerns and issues Veterans might have.
5.1.1.27 The Contractor shall complete monthly safety inspections; submits work orders for issues.
5.1.1.28 The Contractor shall set up/breakdown tents; or bag up belongings from
Veterans who discharge.
5.1.1.29 The Contractor shall set up shower trailer; restock toiletries; ensure
Veterans are properly disposing soiled towels.
5.1.1.30 The Contractor shall arrange transportation and escort for CTRS participants to appointments if needed.
5.1.1.31 The Contractor shall perform hourly walk-thru of site to ensure safety of
Veterans.
5.1.1.32 The Contractor shall monitor sign in logbook for all CTRS participants.
5.1.1.33 The Contractor shall assist with facilitating life skills activities and community engagement events for participants.
5.1.1.34 The Contractor shall understand and support the mission statement of low barrier emergency shelter programs.
5.1.1.35 The Contractor shall have a High School Diploma or GED.
5.1.1.36 1-2 years’ experience working with the homeless or similar population is preferred.
5.1.1.37 The Contractor shall possess solid proficiency of Microsoft Office Suite.
5.1.1.38 The Contractor shall provide Lead Monitors that possess excellent verbal and written communication skills. Must possess basic grammar and spelling skills.
5.1.1.39 The Contractor shall possess the necessary initiative, adaptability, and responsibility to work with minimum supervision.
5.1.1.40 The Contractor shall possess excellent problem-solving skills.
5.1.1.41 The Contractor shall interact with others in a professional manner.
5.1.1.42 Knowledge of Housing First, Harm Reduction, and Trauma Informed
Principles is preferred.
5.1.1.43 The Contractor shall have Lead Monitors that has experience working with a diverse population, with sensitivity to differences in culture, religion, sexual orientation, race, age, and physical and mental illness.
5.1.1.44 The Contractor shall have Lead Monitors that have a valid CPR/First Aid certification or ability to obtain within 30 days of hire.
5.1.1.45 The Contractor shall have Lead Monitors that are TB-cleared prior to hiring.
5.1.1.46 A criminal background check and drug test is required.
5.1.1.47 Local travel may be required.
5.1.1.48 Experience in a group residential setting is preferred.
5.1.1.49 Experience serving the homeless is preferred.
5.1.1.50 The Contractor shall have Lead Monitors with related experience in a mental health or substance abuse treatment setting, or another group residential program.
5.1.1.51 Ability to walk, stand, bend, squat, climb, kneel, and twist on an intermittent or sometimes continuous basis.
5.1.1.52 Ability to grasp, push, pull objects such as files, file cabinet drawers, and reach overhead.
5.1.1.53 Ability to work in proximity with service animals and emotional support animals.
5.1.1.54 Ability to operate a computer, fax, and telephone.
5.1.1.55 Ability to lift up to 25 lbs.
5.1.1.56 Some night and weekend hours required.
5.1.2 Physical Demands, Environmental Conditions, and Equipment:
The physical demands described herein are representative of those that shall be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions. Employee is required to:
Walk and climb stairs; stand, bend, squat, climb, kneel, and twist on an intermittent or sometimes continuous basis; Grasp, push, pull objects such as files, file cabinet drawers, and reach overhead; Handle, finger, grasp and feel objects and equipment; Reach with hands and arms; Be mobile by moving oneself from place to place quickly and easily; Repeat various motions with the wrists, hands, and fingers; Be able to perform visual activities for
(including, but not limited to) administrative and clerical tasks; Ability to lift up to 25 lbs. Communicate, receive and exchange ideas, information by means of the spoken and written word; Drive vehicle in and around Los Angeles
County; Be able to enter various buildings that may require climbing stairs.
Be periodically subjected to outside environmental conditions. Employee may work in proximity to service animals and emotional support animals; Use a desktop and/or laptop computer; copy, postage, and fax machines. Complete all required forms in personal writing.
5.1.3 Work Environment:
The employee may be in contact with individuals and families in crisis who may be ill, using alcohol and drugs, and who may not be attentive to basic personal hygiene, health, and safety practices. The employee may experience a number of unpleasant sensory demands associated with the client’s use of alcohol and drugs, and lack of personal hygiene. The employee must be ready to respond quickly and effectively to many types of situations, including crisis situations and potentially hostile situations. The noise level in the work environment is usually moderate in an office setting. Sometimes work may become stressful when working under pressure.
5.2 CTRS VETERAN SERVICE MONITOR.
5.2.1 Veteran Service Monitors shall perform the following:
5.2.1.1 The Contractor shall provide on-site participant supervision to ensure the safety of participants.
5.2.1.2 The Contractor shall ensure participant compliance with program rules, policies, and procedures.
5.2.1.3 The Contractor shall distribute the necessary supplies including handing out bedding, clothing, and hygiene items as needed.
5.2.1.4 The Contractor shall assist with the sanitation of participant belongings in hot box and new bed assignment upon intake.
5.2.1.5 The Contractor shall watch for and report suspicious or unusual activity to the appropriate authorities; investigate alarms or noises and remove trespassers from the facility/property.
5.2.1.6 The Contractor shall work in partnership with on-site security.
5.2.1.7 The Contractor shall conduct daily wellness checks to screen participants for
COVID symptoms to ensure their wellbeing and maintain a healthy environment.
5.2.1.8 The Contractor shall respond to emergency situations as appropriate.
5.2.1.9 The Contractor shall request emergency services personnel, such as law enforcement, fire department, and paramedics in cases of emergencies.
5.2.1.10 The Contractor shall complete written reports and incident logs of daily activities.
5.2.1.11 The Contractor shall answer telephone and take messages for participants and staff.
5.2.1.12 The Contractor shall resolve participant issues as needed using de-escalation and crisis intervention.
5.2.1.13 The Contractor shall utilize the appropriate techniques to help participants resolve and work through conflict.
5.2.1.14 The Contractor shall assist with the serving of daily meals.
5.2.1.15 The Contractor shall replenish supplies in the restrooms, offices and dining area.
5.2.1.16 The Contractor shall assist with maintenance of resident laundry schedule.
5.2.1.17 The Contractor shall ensure participants are following proper hygiene practices.
5.2.1.18 The Contractor shall work with participants to improve their independent living skills.
5.2.1.19 The Contractor shall ensure that trash is changed, taken out daily, and prepare trash receptacles for weekly pick-up.
5.2.1.20 The Contractor shall monitor and report to supervisor any maintenance concerns as needed.
5.2.1.21 The Contractor shall self-identify potentially unsafe systems/processes/situations and takes initiative to report to CTRS manager/supervisor.
5.2.1.22 The Contractor shall take on special projects as needed.
5.2.1.23 The Contractor shall pack out participant belongings and place them in storage.
5.2.1.24 The Contractor shall attend and participate in team meetings, trainings, case conferencing, etc.
5.2.1.25 The Contractor is Responsible for maintaining thorough and accurate records in both written form (hard copies) and through the Homeless
Management Information System (HMIS).
5.2.1.26 The Contractor shall establish and maintain good rapport and working arrangements with co-workers, including the management team and other staff.
5.2.1.27 The Contractor shall facilitate and supervise regularly scheduled resident house meetings.
5.2.1.28 The Contractor shall create and maintain a shelter environment that is safe
5.2.1.29 The Contractor shall adhere all Veterans Health Administration and
VAGLA Rules, Regulations, and Policies.
5.2.1.30 The Contractor shall work with collaboration with security guard to ensure safety of participants, staff, volunteers and visitors on the property
5.2.1.31 The Contractor shall observe and adhere to department guidelines concerning absences and reports in accordance with departmental procedures.
5.2.1.32 The Contractor shall be direct liaisons for CTRS participants; fielding complaints, concerns and issues Veterans might have.
5.2.1.33 The Contractor shall monitor and confirms meal drop offs from community providers; distribute meals to all Veterans when meals arrive.
5.2.1.34 The Contractor shall complete monthly safety inspections; submits work orders for issues.
5.2.1.35 The Contractor shall breakdown/set up tents; or bag up belongings from
Veterans who discharge.
5.2.1.36 The Contractor shall setup shower trailer; restocking toiletries; ensuring
Veterans are properly disposing soiled towels.
5.2.1.37 The Contractor shall conduct inventory reports monthly of connex boxes.
5.2.1.38 The Contractor shall be responsible for arranging transportation and escort for CTRS participants to appointments if needed.
5.2.1.39 The Contractor shall perform hourly walk thru of site to ensure safety of
Veterans.
5.2.1.40 The Contractor shall monitor sign in logbook for all CTRS participants
5.2.1.41 The Contractor shall assist with facilitating life skills activities and community engagement events for participants.
5.2.1.42 The Contractor shall understand and support the mission statement of low barrier emergency shelter programs.
5.2.1.43 The Contractor shall have high school diploma or GED.
5.2.1.44 1-2 years’ experience working with the homeless or similar population is preferred.
5.2.1.45 The Contractor shall possess proficiency of Microsoft Office Suite.
5.2.1.46 The Contractor shall have excellent verbal and written communication skills. Must possess basic grammar and spelling skills.
5.2.1.47 The Contractor shall possess the necessary initiative, adaptability, and responsibility to work with minimum supervision.
5.2.1.48 The Contractor shall possess problem-solving skills.
5.2.1.49 The Contractor shall interact with others professionally.
5.2.1.50 Knowledge of Housing First, Harm Reduction, and Trauma Informed principles preferred.
5.2.1.51 The Contractor shall have experience working with a diverse population, with sensitivity to differences in culture, religion, sexual orientation, race, age, and physical and mental illness.
5.2.1.52 The Contractor shall possess valid CPR/First Aid certification or ability to obtain within 30 days of hire.
5.2.1.53 The Contractor must be TB-cleared prior to hiring.
5.2.1.54 A criminal background check is required.
5.2.1.55 A drug-test is required.
5.2.1.56 Local travel may be required.
5.2.1.57 Valid CA driver's license is required.
5.2.1.58 Ability to walk, stand, bend, squat, climb, kneel, and twist on an intermittent or sometimes continuous basis.
5.2.1.59 Ability to grasp, push, pull objects such as files, file cabinet drawers, and reach overhead.
5.2.1.60 Ability to work in proximity with service animals and emotional support animals.
5.2.1.61 Ability to operate a computer, fax, and telephone.
5.2.1.62 Ability to lift up to 25 lbs.
5.2.1.63 Some night and weekend hours required.
5.2.2 Physical Demands, Environmental Conditions, and Equipment:
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of the job.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions. Employee is required to:
Walk and climb stairs; stand, bend, squat, climb, kneel, and twist on an intermittent or sometimes continuous basis; Grasp, push, pull objects such as files, file cabinet drawers, and reach overhead; Handle, finger, grasp and feel objects and equipment; Reach with hands and arms; Be mobile by moving oneself from place to place quickly and easily; Repeat various motions with the wrists, hands, and fingers; Be able to perform visual activities for
(including, but not limited to) administrative and clerical tasks; Ability to lift up to 25 lbs. Communicate, receive and exchange ideas, information by means of the spoken and written word; Drive vehicle in and around Los Angeles County; Be able to enter various buildings that may require climbing stairs. Be periodically subjected to outside environmental conditions. Employee may work in proximity to service animals and emotional support animals; Use a desktop and/or laptop computer; copy, postage, and fax machines. Complete all required forms in personal writing.
5.2.3 Work Environment:
The employee may be in contact with individuals and families in crisis who may be ill, using alcohol and drugs, and who may not be attentive to basic personal hygiene, health and safety practices. The employee may experience a number of unpleasant sensory demands associated with the clients use of alcohol and drugs, and lack of personal hygiene. The employee must be ready to respond quickly and effectively to many types of situations, including crisis situations and potentially hostile situations. The noise level in the work environment is usually moderate in an office setting. Sometimes work may become stressful when working under pressure.
6. INCIDENT REPORTING:
6.1 Contractor shall notify the COR of any negative incident occurring with a Veteran immediately, but no later than one (1) hour from the time contractor staff learned of the incident. Contractor will complete a written incident report within 24 hours of notification. On weekends and holidays, this notification will be sent to the
Transitional Housing Coordinator, VA Hospital Administrator on Duty (AOD) and the VAGLAHS Liaison.
6.2 Incidents include: death; fire; police raid; suicide/suicide attempt; 911 call (police/ fire dept./paramedics); drug overdose; severe medical illness or emergency; severe psychiatric illness or emergency; sexual assault; act of violence by Veteran against other(s); abusive behavior by Veteran against staff; act of violence by other(s) against
Veteran; abusive behavior by staff against Veteran; accident; medication problems or adverse drug reactions; or other untoward events. Contractor will follow the CERS
Incident Reporting Policy.
6.3 In the event a Veteran residing in the VAGLAHS provided facility under this contract becomes deceased, the contractor shall immediately notify the COR authorizing admission and immediately assemble, inventory, and safeguard of the Veteran’s personal effects. The funds, deposits, and effects left by Veterans upon the premises of the VAGLAHS facility shall be delivered by the Contractor to the person or persons entitled thereto under the laws currently governing the facility for making disposition of funds and effects left by Veterans unless the Veteran died without leaving a will, heirs, or next of kin capable of inheriting. An itemized inventory list with a notation as to the disposition shall be immediately forwarded to the
VAGLAHS Liaison. If a Veteran die without leaving a will, heirs, or next of kin, capable of inheriting, property and funds— wherever located—vests in and becomes property of the United States in trust. In these cases, the Contractor shall forward an inventory of any such property and funds in its possession to the appropriate DVA office and will hold them (except articles of clothing necessary for proper burial) under safeguard until instructions are received from the VA concerning disposition.
7. STAFF CODE OF CONDUCT:
7.1 The Government has the right to require replacement of any Contractor or subcontractor staff if the employee is determined not to possess the experience or ability required under the contract, or if said employee is for any other reason found to be unsuitable to perform the work required by the contract. The determination to require replacement of a staff member shall be made by the Contracting Officer, at the Contracting Officer’s sole discretion, and such determination shall be final. The replacement staff must meet the same requirements for the position as outlined in this contract. Any substitution of personnel will occur without any increase to the contract price and without delay in the performance or delivery of services to the Government.
7.2 Complaints concerning contract staff’s conduct with Government employees or
Veteran residents will be dealt with by the Contractor and COR. The Contracting
Officer is the final authority on validating complaints. In the event that Contractor personnel are involved and named in a validated complaint, the Government reserves the right to refuse acceptance of the services of such personnel for work performed under this contract and require replacement of that staff member(s) under the terms of paragraph 6.1. The final arbiter on questions of acceptability is the Contracting
Office.
7.3 The Contractor shall implement a drug testing program to ensure staff performing work under this contract are not using illegal drugs. The drug testing program shall provide for random drug testing performed by the contractor. The program shall also require drug testing when there is a reasonable suspicion that a staff member has used or is impaired by illegal drugs while on duty. Reasonable suspicion of drug use or impairment includes the following:
7.3.1 Observable phenomena, such as direct observation of drug use, possession, or the physical symptoms of being under the influence of a drug.
7.3.2 A pattern of abnormal conduct or erratic behavior.
7.3.3 Arrest or conviction for a drug-related offense or the identification of a staff member as the focus of a criminal investigation into illegal drug possession, use or trafficking.
7.3.4 Information provided either by reliable and credible sources or independently corroborated.
7.3.5 Newly discovered evidence that the contract personnel has tampered with a previous drug test.
7.4 Before beginning work under the contract, and on the anniversary of contract award each year, the contractor shall certify that its employees have received all recommended vaccines and immunizations recommended by the Centers for Disease
Control for Healthcare Workers found at https://www.cdc.gov/vaccines/adults/rec-vac/hcw.html.
7.5 The Contractor shall provide the Government with all the information necessary to ensure that Government records are maintained correctly and in compliance with
TJC, OSHA and the Center for Disease Control health records requirements, for each individual Contractor employee upon request.
8. CONTRACT MONITORING: The Contract Officer Representative (COR) will monitor the Contractor's performance. Performance deficiencies or poor performance identified during the term of the contract will be reported to the Contractor. 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.
9. 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.
9.1 Invoices submitted for payment shall be reviewed for accuracy and shall be subject to approval by the Government prior to issuance of payment.
9.2 The invoice MUST be itemized to include the following information:
9.2.1 Facility name and address where service was provided
9.2.2 Contract number
9.2.3 Purchase order number
9.2.4 Quantity
9.2.5 Cost
9.2.6 Date
9.3 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.
9.4 Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.
10. CHANGES: Only those services specified herein are authorized. Before performing any service of a non-contract nature, the Contractor shall advise the Contracting Officer Representative of the https://www.cdc.gov/vaccines/adults/rec-vac/hcw.html https://www.cdc.gov/vaccines/adults/rec-vac/hcw.html http://www.ob10.gov/ reasons for the additional work. Changes to the resulting contract are not authorized, unless in writing by the Contracting Officer.
11. 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
Juneteenth June 19
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
Also included would be any other day specifically declared by the President of the United
States to be a National Holiday. When a holiday falls on a Sunday, the following
Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.
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…
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