S02 - 36C246-24-Q-0992 - PATIETN HOTEL LODGING SERVICE.pdf

PAGE 1 OF 1. REQUISITION NO.

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

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24624Q0992 08-05-2024

Warren O'Bryant, Contracting Specialist 757-728-7083 08-20-2024

1:00 pm EDT

Department of Veterans Affairs

Network Contracting Office 6

100 Emancipation Drive

Hampton VA 23667

X 100

X

721110

N/A

X

Durham VA Health Care Systems

508 Fulton Street

Durham NC 27705

Network Contracting Office 6

100 Emancipation Drive

Hampton VA 23667

Electronically Submitted to:

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

512-460-5049 512-460-5221

See CONTINUATION Page

1. The Contractor shall provide Off-Site Patient Hotel

Lodging Service for the Durham VA Health Care System Medical

Center.

2. Please see Schedule of Service, Section B.2 for the

Base Year Period of Performanc10/01/2024 through 09/30/2025.

3. Please see the Statement of Work, Section B.3

4. Please also sign and return the following documents:

4a. Business Associate Agreement.

4b. Fire and Safety Certification.

4c. VAAR 852.219-75 – VA Notice of Limitations on

Subcontracting Certification.

See CONTINUATION Page

X X

X 1

David E. Smith

Contracting Officer

36C246-24-Q-0992

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

B.3 STATEMENT OF WORK (SOW)

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCES (FEB 1998)

C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (NOV 2021)

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 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) 22

C.9 VAAR 852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 2002)

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 PAST PERFORMANCE QUESTIONAIRE

D.2 CONTRACTOR CERTIFICATION: Immigration and Nationality Act of 1952, As Amended

D.3 QUALITY ASSURANCE SURVEILLANCE PROGRAM (QASP)

D.4 Department of Veterans Affairs (VA) National Rules of Behavior

D.5 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008)

D.6 Wage Determination (Durham Locale)

D.7 VHA Business Associate Agreement

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

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

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2018)

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: Name: __________________________ / Title: ___________________ email: __________________________ / Phone: _________________

b. GOVERNMENT: David E. Smith Warren O’Bryant

Contracting Officer Administrative Contracting Officer

Department of Veterans Affairs Department of Veterans Affairs

Network Contracting Office 6 Network Contracting Office 6

100 Emancipation Drive 100 Emancipation Drive

Hampton VA 23667 Hampton, VA 23667

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 – Other Than System for Award

Management, or

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly in Arrears

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. Shall be submitted Electronically To:

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

36C24624Q0992

B.2 SCHEDULE OF SERVICES

The Contractor shall provide Off-Site Patient Lodging Program Services for the Durham VA

Health Care System, Durham, NC 27705 as per the Statement of Work (SOW). A minimum of

One (1) room and a maximum of twenty (20) rooms will be required seven (7) days a week. The actual number of rooms occupied per night will be determined by the VA. The quantities specific in the schedule are estimates only and are not purchased by this contract.

This is a Firm Fixed Unit-Price Indefinite Quantity Contract.

The minimum number of rooms for the life of the contract is sixty (60); while the maximum number of rooms is 36,500.

The Government reserves the right to select the service providers from different contractors resulting in multiple awards.

Base Period of Performance: 1 October 2024 through to 30 September 2025

LINE

ITEM

Description Est.

Qty.

Unit Unit Cost Total

Annual Cost

0001 PATIENT HOTEL LODGING

PROGRAM SERVICES

(20 rooms per day for 365 days)

7300 RM $ $

TOTAL FOR BASE YEAR $

Option Year 1: 1 October 2025 through to 30 September 2026

Description Est.

Qty.

Unit Unit Cost Total

Annual Cost

1001 PATIENT HOTEL LODGING

PROGRAM SERVICES

TOTAL FOR OPTION YEAR - 1 $

Option Year 2: 1 October 2026 through to 30 September 2027

Description Est.

Qty.

Unit Unit Cost Total

Annual Cost

2001 PATIENT HOTEL LODGING

PROGRAM SERVICES

TOTAL FOR OPTION YEAR - 2 $

Option Year 3: 1 October 2027 through to 30 September 2028

Description Est.

Qty.

Unit Unit Cost Total

Annual Cost

3001 PATIENT HOTEL LODGING

PROGRAM SERVICES

TOTAL FOR OPTION YEAR - 3 $

Option Year 4: 1 October 2028 through to 30 September 2029

Description Est.

Qty.

Unit Unit Cost Total

Annual Cost

4001 PATIENT HOTEL LODGING

PROGRAM SERVICES

TOTAL FOR OPTION YEAR 4 $

Total Cost for Base Year and All Option Years: $_____________________

B.3 STATEMENT OF WORK (SOW)

PATIENT HOTEL LODGING PROGRAM SERVICES

1. Purpose:

1.1. Product and Services Required: The Contractor shall provide an Off-Site hotel lodging facility and the facility should be within a five (5) mile radius from the Durham VA

Health Care System, 508 Fulton Street, Durham, NC 27705 to provide for the Patient

Hotel Lodging Program Services. The Contractor providing the items above shall meet

The Joint Commission (TJC) Standards, and Veterans Administration’s guidelines and policies as defined in this document.

1.2. Authority: Combination of FAR Parts 8 – Required Sources of Supplies & Services;

Far Parts 12 – Acquisition of Commercial Items and FAR Parts 13 – Simplified

Acquisitions Procedures.

1.3. Definitions/Acronyms- Terms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation. In case of a conflict in language between the Definitions and other sections of this contract, the language in this section shall govern:

1.3.1. Contractor: Exclusively the manufacturer of the items and services for this highly technical and specialized contract. Any other party providing items or services for this contract are to be listed by for each line item responsible for in this contract.

1.3.2. Contracting Officer (CO): The person executing this contract on behalf of the

Government with the authority to enter and administer contracts and make related determinations and findings.

1.3.3. Contracting Officer’s Representative (COR): A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

1.3.4. HIPAA: Health Insurance Portability and Accountability Act.

1.3.5. Joint Commission (JC/TJC): An independent, not-for-profit organization, The

Joint Commission accredits and certifies more than 18,000 health care organizations and programs in the United States. Joint Commission accreditation and certification is recognized nationwide as a symbol of quality that reflects an organization’s commitment to meeting certain performance standards.

1.3.6. Non-personal services contract: a contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.3.7. SOW: Statement of Work.

1.3.8. VHA: Veterans’ Health Administration: The central office for administration of the VA medical centers through throughout the United

States. The VHA is in Washington, D.C.

1.3.9. VISN: Veterans Integrated Services Network: The regional oversight for the

VA Medical Centers.

1.3.10. VISTA (Veterans Integrated Systems Technology Architecture): a PC based system that will capture and store clinical imagery, scanned documents and other non-textual data files and integrates them into patient’s medical record and with the hospital information system.

1.3.11. VAMC: Veterans Affairs Medical Center: Unless identified with the name of a different VA Medical Center, for purposes of this contract, this term shall mean the Fayetteville VAMC.

1.3.12. VAHCS: Veteran Affairs Healthcare System: for purposes of this contract

Fayetteville VA Medical Center is a healthcare system; this term shall mean an organization of multiple people and institutions that deliver healthcare to target populations, such as Veterans.

2. Reservations:

2.1. Contractor will guarantee twenty (20) non-smoking , ADA compliant rooms per day, to be billed to the Durham VA Health Care System, for Sunday thru Saturday seven (7) days a week . VA personnel will email the hotel once a week (Friday) and/or daily to reserve Veteran rooms. The hotel will hold Veteran rooms until 8 p.m. each day, at which time it is to be released for civilian use. The VA will pay only for rooms used by

Veterans authorized by the Durham VA Health Care System.

2.2. Durham VA Health Care System must approve Veterans to utilize lodging and lodging assignments will be on a rotation basis if multiple hotels operate under the contract. If a veteran has-a-preference for a particular hotel, the VA will try to accommodate and continue with rotating assignments. A Lodging master list in excel format will be emailed weekly and/or daily to the hotel.

2.3. The Contractor will utilize the master reservation list to reserve rooms and confirm room blocks as soon as possible. Confirmation will be sent to the Durham VA Health Care

System via e-mail.

2.4. The Contractor shall maintain the reservation list reflecting dates, length of stay, and collect the occupant’s signature during check-in.

2.5. In case of overbooking, sentinel event, inclement weather or natural disaster, the contractor will lodge Veterans at another commercial hotel that meets the standards set forth and at no additional expense to the individual or the government.

2.6. All rooms are non-smoking , the hotel will provide a “designated smoking area” with proper signage. Hotel will notify the COR of anyone found smoking in a non-smoking area. The government is subject to an incidental cost(s) for room cleaning.

3. Check-In/Check-Out:

3.1. Veterans must check in no later than 8:00 p.m. The Government and Contractor incurs no liability when late arrival has not been confirmed by the Veteran prior to 8:00 p.m. on the date of the arrival.

3.2. The lodging facility must provide a check in/out service Sunday- Saturday. Contractor must notify COR if Veterans do not check out timely or as scheduled.

4. Quality Assurance: The government will monitor the lodging facility performance using the following procedures.

4.1. Durham VA Health Care System COR and/or designee will conduct regular site visits of the hotel premises, to observe customer service and room accommodations.

4.2. Questions and/or concerns related to the invoice submissions should be settled between the

Contractor and the COR or the designated representative. COR will consult CO on fiscal matters that are outside of CORs delegation of authority. Contractor shall cooperate with the COR in providing information and answering questions in a timely manner when requested. Note that a CDR will be used if applicable.

4.3. Contractor shall refer complaints received directly from the Hotel from the customer to the

COR or the designated representative. All complaints received by the COR and forwarded to the Contractor shall be investigated promptly. All findings of incomplete or unsatisfactory performance by the hotel, from the customer, will be recorded in writing, verbal notice given, and confirmed in writing by the COR to the Contractor. The hotel will reply in writing to the Contractor, giving the reasons for the unsatisfactory condition, the corrective action taken, and the procedures developed to prevent recurrence.

Contractor will send copy of written reply to COR. Note that a CDR will be used if applicable.

4.4. All lodging requirements outlined in this Statement of Work will be communicated to all employees and managers that are responsible for lodging reservation operations.

5. Standards:

5.1. Security.

5.1.1 Parking facilities shall be available with adequate lighting.

5.1.2. All exterior doors, with direct access to guest quarters, will be locked and access controlled no later than 10:00 pm.

5.2. Standard lodging facility bedrooms will have a bed for an occupant that contains a pillow, two sheets, firm mattress, mattress pad or cover, blankets, spread, wall to wall carpeting (desired) or other floor covering, a wall switch near the entrance door for a least one lamp, incandescent table or wall mounted lights for each bed, color TV, closet or hangar space, smoke detectors, individual thermostats, telephone, note pad with pen, bathrooms with vanity, mirror, light with grounded electrical outlet, and exhaust fan/privacy outside window.

5.2.1. Rooms shall be constructed and finished to provide good light and sound attenuation. All piping and wiring must be enclosed.

5.2.2. All finishes (walls and ceiling) should be free from damage, scars, marks, dirt, and dust. Vents and surrounding finishes must be free of dirt and dust.

5.2.3. Ceilings and wall shall be finished in paint or wall covering.

5.2.4. All floors in living and sleeping areas shall have a clean, serviceable covering.

5.2.5. All windows shall be provided drapes with blackout lining, shades, or blinds. If only drapes are provided, they must screen out light.

5.2.6. Sufficient electrical outlets shall be available. All electrical cords, bulbs, lights, and switches shall be operational and free from defects.

5.2.7. All entrance doors to rooms shall have interior security locks, either deadbolt or double locking locks. All doors shall be free from holes, dents, or other physical defects.

5.2.8. Smoke and fire protection systems must be installed and meet federal, state, or local fire codes.

5.2.9. Bathrooms must be constructed to provide convenient sanitary facilities. Wash basin and shower tub areas shall have a vanity table, a large lighted mirror, stopper devices, soap dishes, towel bars/hooks, and grounded electrical outlets conveniently located for use of electrical razors, hair dryers etc. Loose, missing, or badly worn/damaged wall tiles, floor tiles, fixtures or accessories are unacceptable.

The fixtures controlling the flow of water must not be cracked or leaking and shall operate properly to maintain a constant, adequate flow and temperature without sudden surges of temperature changes. Bathrooms must have a working exhaust fan or an exterior window that can be opened, which must be of frosted glass or curtained to provide privacy. The shower or shower/tub combination shall have shower doors or curtains.

5.2.10. Furnishing and Equipment: Furnishing and equipment must be clean and in good repair. The following minimum furnishings are required:

5.2.10.1. Lamp – 1 per desk or writing table.

5.2.10.2. Chair, occasional

5.2.10.3. Clothes storage drawers

5.2.10.4. Mirror

5.2.10.5. Table, night, with lamp and alarm clock

5.2.10.6. Desk or writing table with chair.

5.2.10.7. Luggage rack

5.2.10.8. Throw rug (if room is not carpeted)

5.2.10.9. Trash containers – one in living room and one in bathroom

5.2.10.10. Color television and radio

5.2.11 Heating, Air Conditioner, and Ventilation: Living quarters shall be provided with individual room-controlled heating and air conditioning (in season) and otherwise provide the ventilation necessary to maintain comfort for guests. If utilities fail, other than an area-wide failure, for more than eight hours, the contractor shall take action to relocate all occupants to other Commercial Quarters facilities at no expense to the Government or the occupant.

5.3. Standard Lodging Facilities Services: Vending areas, 24-hour check in/out, access to fitness facilities, wake-up and message service, central TV antenna or Cable TV, room identification/directory signs and smoke detectors in hallways, air conditioning, ice machines, adequate parking space for all guests, TV/radio directory, local information packet, passenger/baggage loading zones, and secure luggage storage areas for guests when rooms are not immediately available for storage at check out.

5.4. It will be the responsibility of the hotel to get any additional personal information from the members upon check in. The hotel will be responsible for tracking the billing members for unpaid services left uncollected at time of checkout. (i.e., phone charges, sundries, additional charges for additional guest).

5.5. It will be the responsibility of the contractor to provide timely billing invoices in arrears of the month the services were provided on or about the 10th day of the month. In order to ensure accurate billing, the contractor shall notify the Durham VA Health Care System-

Lodging Coordinator and the Contracting Officer Representative or designee on the next business day of the Veterans that checked in on the previous day.

5.6 The Subcontractor (Hotel Manager) shall contact the Contractor, Director of Operations or designee of Empire Hospitality, and the Contracting Officer Representative or designee no later than the next business day if sentinel events occur at the lodging site. Examples of sentinel events: Violent acts by or towards any Veteran, events that include any police involvement, suspension of any utilities that would make a site uninhabitable or unsafe for

Veterans (i.e., heat during winter, water services, air conditioning during summer), death of a Veteran or any event that would prevent the contractor from providing the outlined standards. If the standards cannot be maintained to allow suitable lodging for the Veteran, the contractor is responsible for securing alternate lodging.

6. Services: Veteran Lodgers will be provided the same customer considerations, courtesy, and respect as all other facility guest:

6.1. Complimentary Breakfast: Hotel shall offer complimentary breakfast beginning at 6:30AM-

9:30AM with diabetic dietary consideration.

6.2. Transportation Services: Hotel shall provide complimentary transportation service available to the Durham VA Health Care System.

6.3. Telephone: A telephone shall be provided in each room at no charge to the occupant. Each room occupant shall pay for all toll calls placed by him or her. Service provided shall be available 24 hours a day, seven days a week.

6.4. Custodial/Sanitation Services: Daily services include, but are not limited to, room cleaning, bed making, linen change (as required), adequate quantities of soap (minimum of 1 ¼ oz.

deodorant bar), bath towels, hand towels, wash cloths, sanitized drinking glasses, facial tissues, and cloth bathmat.

6.5. Linen Service: Linen service shall be provided at least once per week or occupant change

(whichever occurs first), and whenever necessary. Additional blankets shall be made available if requested by the occupant. All linen and blankets shall be clean, freshly laundered, without any objectionable odors, and in good repair, free from tears, rips, holes, stains, and extensive wear. Pillows shall be of adequate quality to provide proper support.

6.6. Common use areas: The Hotel shall keep all hallways, corridors, grounds, and other adjacent areas under their control in clean, neat, and safe condition.

6.7. Do not disturb signs: All rooms shall have signs available. Lodging facility employees shall respect them when displayed.

6.8. Information: Desk clerks shall be able to explain to occupants, miscellaneous charges not covered by this statement of work, for example, telephone charges. The lodging facility shall provide information on bus schedules, taxis, and other local transportation, dining facilities and locations, and commercial telephone directory service.

6.9 Hotel to notify COR of any Veteran participating in illegal activity and/or behavior(s).

7.0. Privacy and Confidentiality: The Contractor agrees to comply with the Privacy Act of

1974 and the agency rules and regulations issued under the Act and the design and development, or operation of any system of records on all Veteran Lodger to accomplish an

Agency function. The Contractor will complete VA Privacy Training annually and provide copy of the certification to the COR.

8.0. Handling and storing of VA Data by Contractors and Subcontractors: Offeror to ensure that all contractor and sub-contractor employees read and understand your responsibility in safeguarding sensitive patient information. Lodging List will be returned to COR via email as outlined in 2.2 above.

9. CONTRACTORS RESPONSIBILITIES

9.1. The contractor shall perform services under the direction of the Richmond VA Health Care

System Ambulatory Surgery point of contact person.

10 Non-Personal Healthcare Services: The parties agree that the Contractor and all contractor’s representatives who is providing Off-site Patient Hotel Lodging Programs Service for the

Durham VA Health Care system Medical Department are not to be considered VA employees for any purpose.

11. Indemnification: The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, arising out of or resulting from the fault, negligence, or act or omission of the Contractor, its agents, or employees.

12. Inherent Government Functions: The Contractor providing Off-site Patient Hotel Lodging

Programs Service shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

13. No Employee status: The Contractor shall be responsible for protecting Contractor’s personnel providing the Off-site Patient Hotel Lodging Programs Service for the Durham

VA Health Care System. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

13.1. Workers’ compensation

13.2. Professional liability insurance

13.3. Health examinations

13.4. Income tax withholding, and

13.5. Social security payments.

14. Tort Liability: The Federal Tort Claims Act does not cover the Contractors staff providing the Off-site Patient Hotel Lodging Programs Service for the Durham VA Health Care System.

When a Contractor’s providing the providing Off-site Patient Hotel Lodging Programs

Service for the Durham VA Health Care System has been identified as a provider in a tort claim, the Contractor shall be responsible for notifying their legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor’s personnel action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

15. GOVERNMENT RESPONSIBILITIES

15.1. Contract Administration/Performance Monitoring: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to:

15.1.1. CONTRACTING OFFICER RESPONSIBILITIES:

CO – David E. Smith, 100 Emancipation Dr. Hampton, VA 23667.

757-728-7156, David.Smith78@va.gov mailto:David.Smith78@va.gov

15.1.2. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity, or quality of performance of this contract.

15.1.2.1. The Contracting Officer shall resolve complaints concerning

Contractor relations with the Government employees or patients.

The Contracting Officer is final authority on validating complaints.

In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

15.1.2.2. If contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for

Contractor personnel to be provided by the VA; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract.

15.1.3. COR Responsibilities:

The COR for this contract is:

Ellecia Thompson / Director of Homeless Programs & Patient Lodging

Supervisor and COR / Social Work Services / 508 Fulton Street, Durham, NC

27705 / (919) 286-0411 Ext. 176197 / Ellecia.Thompson@va.gov.

15.1.3.1. The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

15.1.3.2. The COR will be responsible for monitoring the Contractor’s performance to ensure all specifications and requirements are fulfilled.

Quality Improvement data that will be collected for ongoing monitoring includes but is not limited to enter data that may be collected.

15.1.3.3. The COR will maintain a record-keeping system of services by electronic storage. The COR will review this data monthly when invoices are received and certify all invoices for payment by comparing the hours documented on the VA record-keeping system and those on the invoices. Any evidence of the Contractor's non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

mailto:Ellecia.Thompson@va.gov

15.1.3.4. The COR will review and certify monthly invoices for payment. If in the event the Contractor fails to provide the services in this contract, payments will be adjusted to compensate the Government for the difference.

15.1.3.5. All contract administration functions will be retained by the VA.

16. SPECIAL CONTRACT REQUIREMENTS

16.1. Billing:

16.1.1. Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the (20th) workday of the month. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

16.1.2. Your firm’s Taxpayer ID Number (TIN)

16.1.3. Your firm’s “Remit Address” information

16.1.4. The VA Purchase Order (PO) number

16.1.5. Your firm’s contact information: (Personal Name, Email, and Phone)

16.1.6. Your VA point of contact information: (Personal Name, Email, and

Phone).

16.1.7. The Period of Performance dates (Beginning and Ending).

16.1.8. Terms of all discount information if applicable (Percent and Date Terms)

16.1.9. Date of Service.

16.1.10. Total price.

16.2. Vendor Electronic Invoice Submission Methods:

16.2.1. Vendor Electronic Invoice Submission Methods: Invoices will be electronically submitted to the Tungsten website at Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Taxpayer ID Number with the VA-FSC.

This process can take up to five (5) business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. To successfully submit an invoice to VA-FSC please review “How to

Create an Invoice” within the how to guides. All invoices submitted through

Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The

VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support

Phone: 1-877-489-6135

Website: https://authentication.tungsten-network.com/login

Department of Veterans Affairs Financial Service Center

Phone: 1-877-353-9791 Email: vafsccshd@va.gov

16.3.1. Payment Adjustments:

16.3.1.1. Invoices will be prorated for partial days/hours worked. The contractor shall be paid only for actual work performed onsite. In-the-event that the Contract provider works a portion of an hour, the government may adjust payments by 15-minute increments. Contract providers shall be responsible for reporting time worked accurately.

The Contract shall be paid for actual hours performed.

16.3.1.2. The contract shall be adjusted (at the end of the period of performance (base or option year) in accordance with actual performance.

16.3.1 3. Payments in full / no billing VA beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the

Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contract.

16.3.1.4. To the extent that the Veteran desires services which are not a VA benefit or covered under the terms of this contract, the Contractor must notify the Veteran that there will be a charge for such service and that the VA will not be responsible for payment.

16.3.1.5. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other-third-party insurance sources (including Medicare) for services rendered to

Veteran enrollees under this contract.

https://authentication.tungsten-network.com/login https://dvagov.sharepoint.com/sites/VHAProcurement/RPOC/BIT/Shared%20Documents/Cardiology%20(Onsite)%20Services/vafsccshd@va.gov

17. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

LANGUAGE:

17.1. Contractor Security Requirements (Handbook 6500.6) - All Contractors and Contractor personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA, and VA personnel, regarding information and information system security. Contractor must follow policies and procedures outlined in VA Directive

6500, Information Security Program, and its handbooks to ensure appropriate security controls are in place.

https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=793&FType=2

18. SECURITY CONTROLS COMPLIANCE TESTING

18.1. On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With ten (10) working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of

Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

19. SECURE FAX:

19.1. This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed on the front page of the facsimile cover page.

20. MANDATORY WRITTEN DISCLOSURES

20.1. Mandatory written disclosures required by FAR clause 52.203-13 to the Department of

Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you are experience-difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

21. POST AWARD ORIENTATION:

22.1. The Contracting Officer will schedule a post award conference for contract orientation purposes as required by VA Acquisition Manual, Part M842.502-70.

VAAM (sharepoint.com).

https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=793&FType=2 https://dvagov.sharepoint.com/sites/VACOOALALF/ALFA/SitePages/VAAM.aspx?reg=M842#_M842.502-70__Key

SECTION C - CONTRACT CLAUSES

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

ITEMS

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

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

(End of Clause)

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCES (FEB 1998)

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

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

FAR

Number

Title Date

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL

PRODUCT AND SERVICES

DEC 2022

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.227-14 RIGHTS IN DATA - GENERAL MAY 2014

52.227-17 RIGHTS IN DATA—SPECIAL WORKS DEC 2007

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.237-3 CONTINUITY OF SERVICES JAN 1991

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

C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through October 1, 2024, through September 30, 2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail.

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in-excess of twenty (20) rooms.

(2) Any order for a combination of items in- excess of twenty (20) rooms ; or

(3) A series of orders from the same ordering office within one (1) day that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 09-30-

2029.

(End of Clause)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months .

(End of Clause)

C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

Funds are not presently available for performance under this contract beyond October 1, 2024.

The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting

Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

C.9 VAAR 852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 2002)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled…