RFP Self Care Housing 36C24826R0121.docx

DOCX document 257 KB Posted

Attached to
V231--FY26: Self-Care Housing (HAS) AMENDMENT 0002 Federal contract opportunity
Solicitation number
36C24826R0121
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 8

About this file

This is a Request for Proposal (RFP) for self-care housing services to support the James A. Haley Veterans Hospital in Tampa, Florida. The Department of Veterans Affairs Network Contracting Office 8 seeks a fixed-price indefinite-quantity requirements contract to provide hotel/motel lodging for eligible veterans receiving VA health care services. The contract period runs from September 1, 2026, through August 31, 2027, with four one-year option periods available. The solicitation is unrestricted and open to full and open competition, with a NAICS code of 721110 (Hotels and Motels) and a small business size standard of $40 million. The estimated contract value is $40 million. Proposals must be submitted by August 10, 2026, at 3:00 PM EDT to Kim.Tucker1@va.gov and Harjinder.Singh@va.gov, with questions due by July 21, 2026.

The contractor must provide guaranteed availability of 14 rooms per night Sunday through Thursday and 3 rooms per night Friday through Saturday, with additional rooms available on an as-needed basis. Required accommodations include four double-occupancy rooms and three ADA-compliant rooms with wheelchair roll-in showers, with options for additional ADA rooms as needed. All quoted daily rates must include taxes, fees, WiFi, parking, and utilities. The hotel must be located within approximately 15 minutes of the hospital, with wheelchair-accessible transportation available from 4:45 AM to 9:45 PM six days per week (Monday through Saturday, excluding holidays). Contractor responsibilities include maintaining clean rooms (cleaned within 30 minutes of check-in), providing 24-hour security monitoring or on-site trained security personnel, quality control programs with monthly customer service surveys, quarterly activity reports, and monthly invoices submitted by the 5th of each month. Monthly invoicing will be paid within Net 30 days. The Performance Work Statement specifies compliance with fire safety codes (NFPA 101), ADA guidelines, HVAC maintenance every 30 days, and various building requirements including electrical, sanitation, telephone, and accessibility standards.

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Other files for this federal contract opportunity

Other files attached to V231--FY26: Self-Care Housing (HAS) AMENDMENT 0002, newest first.
File Type Posted
36C24826D0050_1.docx DOCX document
AMENDMENT 0002 RFP 36C24826R0121 7.21.26.docx DOCX document
36C24826R0121 0002_2.docx DOCX document
36C24826R0121 0001_1.docx DOCX document
AMENDMENT 0001 RFP 36C24826R0121 07.14.2026.docx DOCX document
Combined Synopsis Description RFP 36C24826R0121.docx DOCX document
36C24826R0121_1.docx DOCX document
ATTACHMENT 1 PAST PERFORMANCE QUESTIONAIRE RFP 36C24826R0121.docx DOCX document

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36C24826R0121

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

TO BE PROVIDED ON THE

APPLICABLE TASK ORDER

07-10-2026 Kim Tucker (813)816-8275 08-10-2026

3PM

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Ste 160A Tampa FL 33637 Kim Tucker kim.tucker1@va.gov X

721110 $40 Million Net 30

N/A

Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd

Tampa FL 33612 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Tampa FL 33637

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Provide Self Care Housing for Veteran IAW PWS, dated 6/8/26 for the James A. Haley VA Healthcare System.

Enter pricing in Section B.2 Price Schedule.

Please submit all questions by email to Kim.Tucker1@va.gov and Harjinder.Singh@va.gov no later than Tuesday, July 21, 2026 at 3:00 PM EST.

The Government reserves the right to not respond to questions submitted after this time.

Please submit written proposals by email to both Kim.Tucker1@va.gov and Harjinder.Singh@va.gov no Later than Monday, August 10th, 2026 at 3:00 PM EST.

See CONTINUATION Page

TO BE PROVIDED ON THE APPLICABLE TASK ORDER

Kim Tucker Contracting Officer

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 PRICE/COST SCHEDULE5
ITEM INFORMATION5
B.3 STATEMENT OF WORK11
TABLE OF CONTENTS11
SECTION C - CONTRACT CLAUSES22
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)22
C.2 52.216-18 ORDERING (AUG 2020)27
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)28
C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)28
C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)29
C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)29
C.7 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV 2025) (DEVIATION)29
C.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (NOV 2025) (DEVIATION)30
C.9 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026)31
C.10 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)32
C.11 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)33
C.12 WAGE DETERMINATION42
C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)43
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS45
SECTION E - SOLICITATION PROVISIONS46
E.1 RFP TIMELINES - REQUEST FOR PROPOSAL (RFP)46
E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)47
E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)48
E.4 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS50
E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)55
E.6 ADDENDUM to FAR 52.212-2 EVALUATION SIMPLIFIED ACQUISITION PROCEDURES (JUL 2021)56
E.7 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)58
E.8 52.217-5 EVALUATION OF OPTIONS (JUL 1990)58
E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)59
E.10 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)59
E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)63
E.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)64

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: Contracting Officer 36C248 Kim Tucker Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Ste 160A Tampa FL 33637

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: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

AMENDMENT NO
DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
3,640.00
EA
__________________
__________________

GUARANTEED AVAILABILITY WEEKLY: 14 rooms per night, Sundays through Thursdays (70 rooms per week).

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

312.00
EA
__________________
__________________

GUARANTEED AVAILABILITY WEEKENDS: 3 rooms per night, Fridays through Saturday. (6 rooms per weekend).

POP Begin: 09-01-2026 POP End: 08-31-2027

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

1,300.00
EA
__________________
__________________

AS NEEDED WEEKLY: Room rate per night; Estimated 5 rooms to be ordered only when needed, Sundays through Thursdays. (Estimated 25 rooms per weekend)

POP Begin: 09-01-2026 POP End: 08-31-2027

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

312.00
EA
__________________
__________________

AS NEEDED WEEKENDS: Room rate per night; 3 rooms to be ordered only when needed Fridays through Saturdays. (Estimated 6 rooms per weekend)

POP Begin: 09-01-2026 POP End: 08-31-2027

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

BASE YEAR TOTAL
__________________
ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
3,640.00
EA
__________________
__________________

GUARANTEED AVAILABILITY WEEKLY: 14 rooms per night, Sundays through Thursdays (70 rooms per week).

Contract Period: Option 1 POP Begin: 09-01-2027 POP End: 08-31-2028

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

312.00
EA
__________________
__________________

GUARANTEED AVAILABILITY WEEKENDS: 3 rooms per night, Fridays through Saturday. (6 rooms per weekend).

POP Begin: 09-01-2027 POP End: 08-31-2028

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

1,300.00
EA
__________________
__________________

AS NEEDED WEEKLY: Room rate per night; Estimated 5 rooms to be ordered only when needed, Sundays through Thursdays. (Estimated 25 rooms per weekend)

POP Begin: 09-01-2027 POP End: 08-31-2028

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

312.00
EA
__________________
__________________

AS NEEDED WEEKENDS: Room rate per night; 3 rooms to be ordered only when needed Fridays through Saturdays. (Estimated 6 rooms per weekend)

POP Begin: 09-01-2027 POP End: 08-31-2028

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

OPTION YEAR 1 TOTAL
__________________
ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
3,640.00
EA
__________________
__________________

GUARANTEED AVAILABILITY WEEKLY: 14 rooms per night, Sundays through Thursdays (70 rooms per week).

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

312.00
EA
__________________
__________________

GUARANTEED AVAILABILITY WEEKENDS: 3 rooms per night, Fridays through Saturday. (6 rooms per weekend).

POP Begin: 09-01-2028 POP End: 08-31-2029

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

1,300.00
EA
__________________
__________________

AS NEEDED WEEKLY: Room rate per night; Estimated 5 rooms to be ordered only when needed, Sundays through Thursdays. (Estimated 25 rooms per weekend)

POP Begin: 09-01-2028 POP End: 08-31-2029

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

312.00
EA
__________________
__________________

AS NEEDED WEEKENDS: Room rate per night; 3 rooms to be ordered only when needed Fridays through Saturdays. (Estimated 6 rooms per weekend)

POP Begin: 09-01-2028 POP End: 08-31-2029

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

OPTION YEAR 2 TOTAL
__________________
ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
3,640.00
EA
__________________
__________________

GUARANTEED AVAILABILITY WEEKLY: 14 rooms per night, Sundays through Thursdays (70 rooms per week).

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

312.00
EA
__________________
__________________

GUARANTEED AVAILABILITY WEEKENDS: 3 rooms per night, Fridays through Saturday. (6 rooms per weekend).

POP Begin: 09-01-2029 POP End: 08-31-2030

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

1,300.00
EA
__________________
__________________

AS NEEDED WEEKLY: Room rate per night; Estimated 5 rooms to be ordered only when needed, Sundays through Thursdays. (Estimated 25 rooms per weekend)

POP Begin: 09-01-2029 POP End: 08-31-2030

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

312.00
EA
__________________
__________________

AS NEEDED WEEKENDS: Room rate per night; 3 rooms to be ordered only when needed Fridays through Saturdays. (Estimated 6 rooms per weekend)

POP Begin: 09-01-2029 POP End: 08-31-2030

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

OPTION YEAR 3 TOTAL
__________________
ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
3,640.00
EA
__________________
__________________

GUARANTEED AVAILABILITY WEEKLY: 14 rooms per night, Sundays through Thursdays (70 rooms per week).

Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

312.00
EA
__________________
__________________

GUARANTEED AVAILABILITY WEEKENDS: 3 rooms per night, Fridays through Saturday. (6 rooms per weekend).

POP Begin: 09-01-2030 POP End: 08-31-2031

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

1,300.00
EA
__________________
__________________

AS NEEDED WEEKLY: Room rate per night; Estimated 5 rooms to be ordered only when needed, Sundays through Thursdays. (Estimated 25 rooms per weekend)

POP Begin: 09-01-2030 POP End: 08-31-2031

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

312.00
EA
__________________
__________________

AS NEEDED WEEKENDS: Room rate per night; 3 rooms to be ordered only when needed Fridays through Saturdays. (Estimated 6 rooms per weekend)

POP Begin: 09-01-2030 POP End: 08-31-2031

PRODUCT/SERVICE CODE: V231 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

OPTION YEAR 4 TOTAL
__________________
GRAND TOTAL
__________________

Page 1 of Page 1 of

B.3 STATEMENT OF WORK

PERFORMANCE WORK STATEMENT

VETERAN’S SELF CARE HOUSING (HOTEL/MOTEL)

06/08/2026

TABLE OF CONTENTS

1.0 INTRODUCTION

2.0 ROOM REQUIREMENTS

3.0 ROOM RESERVATIONS

4.0 INVOICES

5.0 PATIENT EMERGENCIES

6.0 ROOM MAINTENANCE

7.0 GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS

8.0 INSPECTION

9.0 QUALITY ASSURANCE

10.0 REPORTS

11.0 PERFORMANCE STANDARDS

12.0 METHODOLOGIES TO MONITOR PERFORMANCE

1.0 INTRODUCTION

A. The Department of Veterans Affairs, James A. Haley Veterans’ Hospital (JAHVH), 13000 Bruce B. Downs Blvd., Tampa, FL 33612 has a requirement to rent hotel rooms for lodging of eligible veterans. The Self Care Unit is designated to provide temporary self-care lodging to eligible veterans receiving VA health care services. Contracted rooms are to accommodate veterans who may travel long distances for evaluation before, during, and after treatment has been received. The hotel shall be located 5 miles distance from the JAHVH as verified by mapquest.com and within a safe environment. Third parties, sub-leasers, persons, or entities without proprietorship authority over hotels or motels will not be considered for contract award.

B. WEEKLY and WEEKEND ROOM RENTAL PERIODS:

1. WEEKDAY RENTAL PERIOD: Hotel rooms shall be provided on Sunday through Thursday (weekdays), with a guaranteed availability of fourteen (14) rooms per night with a guaranteed option to reserve an additional five (5) rooms per night as needed.

2. WEEKEND RENTAL PERIOD: Hotel rooms shall be provided on Friday through Saturday (weekend) with a guaranteed availability of three (3) rooms per night with a guaranteed option to reserve additional three (3) rooms per night as needed.

3. TOTAL ROOM PER WEEK: There will be fourteen (14) weekday rooms per day (70 rooms per week) and three (3) weekend rooms per day (6 rooms per weekend) for a total of 76 rooms per 7 day week. Within the scope of this requirement, required rooms must be available when needed. Options to increase rooms shall be priced at a negotiated daily room rate that is acceptable to both parties. As a minimum, of the total guaranteed rooms, four (4) of the rooms must be double occupancy and three (3) must be American Disability Act (ADA) compliant rooms with wheelchair roll-in showers. Subject to availability, there shall be an option to reserve and additional three (3) ADA rooms as needed.

C. The hotel/motel shall have a wheelchair and motorized wheelchair assisted van, shuttle or transportation services vehicle to transport patient veterans and eligible caregivers to and from JAHVH. Patient veterans shall have access to the wheelchair assisted transportation from 4:45 AM to 9:45 PM; six (6) days per week; Monday through Saturday, excluding holidays. The Contractor shall provide proof of onsite wheelchair accessible shuttle or transportation prior to a resulting contract award. Proof of wheelchair accessible transportation shall consist of documented evidence acceptable to the Government. Offeror’s must provide documented evidence with proposal submission and prior to contract award. Proposals that illustrate the Offeror’s inability to provide all required services, but intend to do so in the future, will not be considered.

D. The period of performance for this requirement is September 1, 2026 through August 31, 2027 and will include a base year and four (4) one (1) year option periods. This action will be awarded as a Requirements Type Contract with options for room increases to be ordered by the Program Manager (PM), Contracting Officers Representative (COR), or the Contracting Officer (CO). All room orders above the fourteen (14) weekly room guarantee, Sunday through Thursday, and the three (3) room weekend guarantee, Friday through Saturday, shall be placed with the Contracting Officer within 24 hours before or 24 hours after it is known by the COR, Health Administrative Service (HAS) Staff, Social Workers or the hotel/motel staff that there is a need for additional rooms above the guaranteed room minimums.

2.0 ROOM REQUIREMENTS

a. Contractor shall provide fourteen (14) weekly and three (3) weekend furnished hotel or motel rooms per night as follows: Sunday through Thursday, there shall be guaranteed availability of 14 rooms per night with an option to reserve additional rooms as needed. For the period, Friday through Saturday, there shall be a guaranteed availability of 3 rooms per night with an option to reserve additional rooms as needed. Rooms offered shall be within approximately 15 minutes (during high traffic volume hours of the core hospital hours of 7 AM to 5 PM) commute distance of the JAHVH, 13000 Bruce B. Downs, Blvd., Tampa, FL.

b. Daily room rates, as quoted shall include all applicable taxes, fees, Wifi, parking and any other no-charge services offered to guests of the hotel/motel. Room requirements shall include four (4) double occupancy and three (3) ADA rooms with wheelchair roll-in showers. Subject to availability, there shall be an option to reserve additional ADA rooms as needed. ADA rooms shall be Hoyer Lift compliant, have no physical barriers, and comply with the applicable National Fire Protection Association (NFPA) NFPA 101 and ADA guidelines

1. All contracted rooms shall be physically located in a single location within the same commute distance from the James A. Haley VA Hospital and grouped together on the same floor(s) if possible. Contracted rooms shall be fully furnished to include contractor provided utilities and other specified services (minimum of TV, clock radio, microwave, refrigerator, and local phone access). Contracted rooms shall also comply with city, county and state building codes and ordinances applicable to the ownership and operation of the building in which the rooms are located.

1. All contracted rooms shall be non-smoking. The contractor shall provide a “designated smoking area” with proper signage. Authorized veterans smoking in the rooms shall be reported to VA Self Care Unit personnel. No smoking, alcohol, illegal drugs, or disruptive behavior will be tolerated in contracted rooms at any time and violators will be reported to Admin Unit Personnel and asked to leave by Health Administration Service administrative staff.

1. Rooms shall be neat and clean upon veterans check-in. Rooms addressed by a veteran as not clean shall have services rendered within 30 minutes of notifying hotel front desk staff. Rooms not cleaned within 30 minutes of veteran’s check-in, shall have accommodations (and transportation if required) made by hotel staff at the hotel’s expense to find another available room in their facility or a same class hotel or better within a five (5) mile radius.

1. Contractor shall supply all utilities including heat, air conditioning, electricity, water and sewer, and basic television cable service.

1. Contractor shall provide one telephone in each room.

1. All rooms shall be in compliance with the Government’s Joint Travel Regulations (JTR) as follows:

1. A minimum 2 Crown Northstar Travel Media rating or equivalent AAA Diamond rating

2. 24-hour security monitoring each day through video monitoring of the property or 24/7 on-site personnel who have been trained in security protocols in case of emergency

3. Well-lit hallways, parking lots, and public spaces

3.0 ROOM RESERVATIONS:

1. Room reservations, room occupancy, and room payment will be on the following basis:

(1) Contracted rooms to be occupied only by specific individuals referred by authorized personnel of the JAHVH. The VA will inform the Contractor of individuals name and expected arrival time at the motel/hotel.

(2) Services shall be provided twenty-four (24) hours per day, seven (7) days per week including all Federal Holidays, observed by the Federal Government including any other day specifically declared by the President of the United States:

New Year’s DayLabor Day
Martin Luther King Jr. DayColumbus Day
Presidents’ DayVeterans Day
Juneteenth DayIndependence Day
Memorial DayThanksgiving Day
Christmas Day

(3) Admin Unit Personnel will brief referred veterans of established check in and check out times and procedures. Circumstance may arise where the contractor is requested to accommodate a veteran outside of these times. I n this event the contractor will be notified before the veteran is assigned to the hotel to prevent any unnecessary delay by both parties.

(4) JAHVAH Admission Unit personnel can be reached at 813-972-2000, extension 6194 or 6197, from 7:30 a.m. to 4:00 p.m., Monday through Friday. The Administrative Officer of the Day (AOD) can be reached at 813-972-2000, extension 6194 or 6197 after hours, weekends, and on holidays. The personnel, their supervisor, and the Contracting Office Representative (COR) are the only authorized personnel to submit and modify reservations. If clarification is needed and the contractor cannot reach above personnel the contractor shall call the VA operator at 813-972-2000, extension 0 and have the Administrative Officer of the Day paged.

1. Authorized dates and length of stay will be documented on JAHVAH authorization sheets and faxed to the Contractor by authorized VA personnel. In the event a VA referred occupant refuses to leave the room, the Contractor shall immediately notify authorized VA personnel. Should a VA referred occupant check out without prior notice from the VA, the Contractor shall immediately notify authorized VA personnel.

1. Contractor shall reconcile each business day the number of rooms in use, names of authorized individuals and assigned room numbers. This transaction will be conducted via fax between the contractor and Admissions Unit personnel. The contact fax number is 813-978-5970. If this transaction is unsuccessful the contractor shall phone Admissions Unit personnel for further guidance at 813-972-2000, extension 6194 or 6197.

1. INVOICES

0. All charges incurred in the use of rooms, supplies and/or equipment is to be included in the unit prices quoted. The James A Haley VA Medical Center reserves the right to reject payment for additional room charges, supplies and/or equipment used in the performance of this contract unless specifically ordered or required for patient care and it is not a common item customarily furnished.

0. The VA shall review and reconcile invoices with Self Care Registration logs. Unauthorized charges shall be rejected pending investigation. Unauthorized charges are those that are being disputed or have not been pre-approved by authorized VA personnel, and that are not allowable under the contract. A final determination shall be made, within 30-days, after notifying the contractor of charges being rejected.

4.3 The contractor shall be paid monthly in arrears upon receipt of a properly executed invoice. Each invoice shall represent charges covering the first day of the month to the last day of the month. Invoices for payment shall include a copy of the trip ticket and the VA authorization number to ensure payments. Invoices shall be submitted to the COR via email monthly for review prior to submission to Financial Service Center in Austin, Texas

4.4 Contractor shall submit an electronic invoice to the VA centralized Financial Service Center in Austin, Texas at P.O. Box 149971, Austin, Texas, 78714-8971 for payment of all rooms covered by the contract each month for the previous month. The invoice shall include the base charge for 14 rooms per day on Sunday through Thursday and 3 rooms per day on Friday and Saturday, itemized by room number, dates of occupancy, first initial and last name of guest and also include number of charges for any additional rooms that were required on an as needed basis.

5.0 PATIENT EMERGENCIES

Contractor shall contact 911 emergency medical services to respond in the event a VA referred occupant is in an emergency of any kind. Once the emergency has ended the Contractor shall notify authorized VA personnel of the situation.

6.0 ROOM MAINTENANCE

Daily room maintenance shall comply with all Federal, State, and local laws in compliance with FAR 52.212-4(q).

7.0 GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS

(1) All cooling and heating devices and appliances, including but not limited to furnaces, fireplaces, electrical baseboard heaters and water heaters, shall be an approved type in good and safe working order and shall meet all installation and safety codes.

(2) Contractor shall maintain all appliances and utility systems. Air filters for both the heating and cooling system shall be cleaned or replaced every 30 calendar days by the contractor unless required more frequently.

1. Electrical and Lighting Requirement shall be in compliance with State of Florida Laws: All electrical equipment, wiring and appliances shall be of an approved type, in good and safe working order and shall meet all installation and safety codes.

1. Sanitation Requirements: All plumbing fixtures shall be trapped and vented and connected to an approved sanitary sewer. All sanitary facilities, fixtures, equipment, structures, and premises shall be of an approved type, in safe and sanitary condition and in good working order and meet all installation and safety codes.

1. Telephone Service Requirements:

(1) Contractor shall provide local area, touch-tone, telephone service (no deposit required) for each room with long distance lockout to prevent additional charges to the room. The telephone service may be capable of long-distance telephone service when long distance calls are placed using a telephone calling card or other telephone charge method.

(2) Telephone service shall be equipped with voice messaging system or front desk message service.

1. Fire Safety:

(1) Buildings in which space is offered shall be evaluated in accordance with latest editions of the NFPA 101, LIFE SAFETY CODE and AMERICAN DISABILITIES ACT (ADA).

(2) Equipment, services, or utilities furnished, and activities of other occupants shall be free of safety, health, and fire hazards. When hazards are detected, the contractor shall promptly correct hazards.

1. Maintenance of contractor-owned fire extinguishers shall be provided by the contractor in accordance with NFPA Standard No. 101.

a. Smoke detectors/alarms shall be installed in each room, office, storage area, hallways, and other common areas per code.

1. Wheelchair Accessibility: Rooms will be wheelchair accessible. Common areas such as hallways shall provide for accessible path of travel for wheelchairs.

1. Elevators: If elevators are a part of the room complex, they shall conform to the latest requirements of the American National Standard A171 and A171a Safety Code for Elevators, except for elevator emergency recall and shall be inspected and maintained in accordance with American National Standard A17.1, Inspector’s Manual for Elevators or equivalent local code. The elevators shall also comply with local codes and ordinances.

1. Miscellaneous: No activity to the building and/or grounds that would cause an increase in dust, dirt or spores to be airborne (i.e., renovation to the building, movement of earth on the grounds) shall take place without the contractor’s written notification to the VA at least seven (7) calendar days in advance of the event.

8.0 INSPECTION

The Government reserves the right, at any time before contract award and during the terms of the contract, to inspect the rooms and all other areas of the complex to which access is necessary to ensure a safe and healthy environment for VA referred occupants. In addition, a VA representative will monitor facilities to include rooms monthly for cleanliness, odors, mold, and housekeeping procedures to include the upkeep of linens, towels etc. Also see Sections: 9.0 Quality Control.

9.0 QUALITY CONTROL

Contractor shall have an on-going Quality Control Program designed to ensure quality in provided services. The Quality Control plan (QC) shall describe the objective of the quality control activities, scope of activities, activities for monitoring and evaluation, methods for reporting results, mechanisms for taking follow-up action and responsibilities of staff for each activity of the quality control program. Included in this quality control program shall be a customer service survey. The quality control plan shall be provided two weeks after award of contract. The plan shall be re-evaluated annually and revised as necessary with a copy provided to the Contracting Office or Contracting Officer’s Representative (COR).

10.0 REPORTS

(1) Contractor shall provide to the COR or contracting officer, monthly reports on customer service surveys to include outline of any specific issues/problems for the previous month along with solutions taken to correct any issues.

(2) Contractor shall provide to the COR quarterly activity reports, with the following information:

· Number of complaints regarding wheelchair (special mode) accessibility noted by veterans, and/or, others who accompany a veteran and provide equivalent of familial support

· Number of complaints regarding rooms that are not clean upon check-in noted by veterans, and/or, others who accompany veterans and provide equivalent of familial support

· Number of complaints noting none working available electronic equipment in veterans’ room such as the clock alarm, lighting, television, etc.

(3) Contractor to schedule a Quarterly Quality Assurance Meeting with the COR and the Contracting Officer or as needed if necessary.

(4) The Contractor shall email to the COR and the Contracting Officer a monthly report of the total number of rooms occupied. This report for prior month activity is on the 1st of each month, but later than the 5th of each month.

11.0 PERFORMANCE STANDARDS

The Contractor shall provide all complaints noted by veterans, and/or, others who accompany the veteran and provide equivalent of familial support. Contractor shall develop a customer service survey form to be completed by the customer as a part of the Contractor’s Quality Control Program.

PERFORMANCE STANDARD AND QUALITY STANDARDS

Requirement
Quality Standard
Action
Surveillance Method

1. Three Rooms ADA Compliant with wheelchair roll in shower.

PWS Reference 1.0 A

Provide at least three ADA compliant rooms 100% of the time
When ADA compliant room is not available, the Contractor will arrange for alternate ADA accommodations that meet or exceed contract requirements and transportation when necessary at contractor’s expense. Payment or tender only for AQL met services

Periodic Inspection and/or Customer Complaint

Contractor notified immediately.

2. Rooms clean at all times of veterans check-in.

PWS Reference 6.0

Provide clean rooms 100% of the time within 30 minutes of arrival
When rooms are not ready for check-in within 30 minutes of arrival upon request by the veteran the Contractor will arrange for alternate accommodations that meet or exceed contract requirements and transportation when necessary at contractor’s expense. Payment or tender only for AQL met services
Periodic Inspection and/or Customer Complaint

Contractor notified immediately.

3. Wheelchair assisted transportation

PWS Reference 1.0C

Available six (6) days per week starting at 4:00 am to 10 pm EST or when needed
When shuttle is not available, contractor will arrange for alternate wheelchair assisted transportation at contractor expense. Payment or tender only for AQL met services
Customer Complaint

4. Valid customer complaint, shall have services rendered within 30 minutes of notifying hotel

Para 2.0 e

All customer complaints shall be addressed 100% of the time
Contractor will correct all customer complaints within 30 minutes if possible.
Customer Complaint

5. Invoices should be submitted to the COR via email monthly for review and processing prior to submission to Financial Service Center in Austin, Texas

REV

All invoices submitted timely to COR 100% of the time.
Contractor has until the 5th calendar day of the month to submit invoices
100% Inspection

6. (1PWS ) monthly reports on customer service surveys 10.0-1

Accuracy of the information must be 100%.
Contractor will research and correct all report discrepancies 3 business days.
Periodic Inspection and/or Customer Complaint
12.0METHODOLOGIES TO MONITOR PERFORMANCE
12.1Surveillance Techniques

In an effort to minimize the performance management burden, simplified surveillance methods shall be used by the government to evaluate contractor performance when appropriate. The primary methods of surveillance are (include those that apply)

Random monitoring, which shall be performed by the COR.
100% Inspection – Each month, the COR, will review the generated documentation and enter summary results into the Surveillance Activity Checklist.
Periodic Inspection – COR typically performs the periodic inspection.
Customer Complaint- A VALID customer complaint can be a valuable tool to determine quality levels and is covered in Customer Feedback and Attachment three (3)

12.2 Customer Feedback Customer Complaint

The contractor is expected to establish and maintain professional communication between its employees and customers. The primary objective of this communication is customer satisfaction. Customer satisfaction is the most significant external indicator of the success and effectiveness of all services provided and can be measured through customer complaints. Many persons can be the customer, the director of the hospital to a VA Patient.

Performance management drives the contractor to be customer focused through initially and internally addressing customer complaints and investigating the issues and/or problems, but the customer always has the option to communicate complaints to the CO or COR, as opposed to the contractor.

Customer complaints, and Customer Complaint Forms to be considered valid, must set forth clearly and in writing the detailed nature of the complaint, must be signed, and must be forwarded to the COR/CO. The COR/CO will accept those customer complaints and investigate using a COR’s Quality Assurance Monitoring Form.

Customer feedback may also be obtained either from the results of formal customer satisfaction surveys or from random customer complaints. Customers can be anyone involved in the VA system from the Directors of Hospitals to patients.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract.

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