S02_36C24622Q0166.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 85

36C24622Q0166

6. SOLICITATION ISSUE DATE

12-21-2021

David E. Smith, Contract Specialist 757-728-7156 1-12-2022

12:00 EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

X 100

X

Y

721110

$35 Million

N/A

X

Department of Veterans Affairs Asheville VA Medical Center 1100 Tunnel Road

Asheville NC 28805

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin, TX 78714-9971

X

See CONTINUATION Page

Provide Off-Site Outpatient Lodging Services to Eligible Beneficiaries of the Asheville VA Medical Center located at 1100 Tunnel Road Asheville NC, 28805.

Lodging facility must be located within two (2) miles of the Medical Center and meet all requirements of PWS.

Enter all pricing on Schedule pages being on page 4

This requirement is set aside 100% for Small Business concerns

The Period of performance will be 3/1/2022 to 2/28/2023 for the base year, with four (4) one (1) year options.

See CONTINUATION Page

X 1

Mario L. Santiago Contracting Officer

36C24622Q0166

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SUPPLIES/SERVICES

B.3 PERFORMANCE WORK STATEMENT (PWS)

B.4 SPECIAL CONTRACT REQUIREMENTS

SECTION C - CONTRACT CLAUSES

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

(OCT 2018)

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

C.3 52.216-18 ORDERING (AUG 2020)

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

C.5 52.216-21 REQUIREMENTS (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)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING

AND COMPLIANCE (JUL 2018) (DEVIATION)

C.11 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(SEP 2021) (JUL 2021) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

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

D.3 PAST PERFORMANCE SURVEY

D.4 VA CONTRACTOR RULES OF BEHAVIOR

D.5 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008)

SECTION E - SOLICITATION PROVISIONS

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

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.3 INSTRUCTIONS TO VENDORS FOR SUBIMISSION OF QUOTES

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AN VIDEO SURVEILLANCE SERVICE OR

EQUIPMENT

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Mario L. Santiago (Contracting Officer) Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive

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—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 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.

Department of Veterans Affairs 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

B.2 SCHEDULE OF SUPPLIES/SERVICES

The contractor will provide Off-site Out-patient Lodging services within a two-mile radius of the Western North Carolina Veterans Health Care System (WNCVAHCS) Asheville VAMC, located at 1100 Tunnel Road, Asheville, NC 28805.

The lodging facility shall furnish lodging services & on-site complimentary shuttle service to eligible beneficiaries of the Department of Veteran Affairs Medical Center in accordance with the terms and conditions of the contract. Lodging Services Based on 15 rooms per night Sunday through Thursday and 2 rooms per night Friday and Saturday. The actual number of rooms occupied per night will be determined by the VA. The quantities specified in the Schedule are estimates only and are not purchased by this contract.

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

The estimated quantity including the base year and any option years exercised, is 18,480 room/nights and estimated maximum quantity including the base year and any option years exercised, shall not exceed 35,000 room/nights.

Base Year

March 1, 2022 through February 28, 2023

Item

Description Est. Qty of Rooms Unit Unit Price Total

Lodging Services (Based on 15 rooms per night Sunday through Thursday and 2 rooms per night Friday and Saturday)

3,696 Rooms $ $

Base Year Total Cost: $

Option Year 1

March 1, 2023 through February 28, 2024

Description

Est. Qty

15 rooms per night Sunday through Thursday and 2 rooms per night Friday and Saturday)

3,696 Rooms $ $

Option Year 1 Total Cost: $

Option Year 2

March 1, 2024 through February 28, 2025

Description Est. Qty

15 rooms per night Sunday through Thursday and 2 rooms per night Friday and Saturday)

3696 Rooms $ $

Option Year 2 Total Cost: $

Option Year 3

March 1, 2025 through February 28, 2026

Description Est. Qty

15 rooms per night Sunday through Thursday and 2 rooms per night Friday and Saturday)

3696 Rooms $ $

Option Year 3 Total Cost: $

Option Year 4

March 1, 2026 through February 28, 2027

Description Est. Qty

15 rooms per night Sunday through Thursday and 2 rooms per night Friday and Saturday)

3696 Rooms $ $

Option Year 4 Total Cost $

Base + Option Years Grand Total: $

*The Government shall place orders totaling a minimum of 1, but not more than 15 rooms per order.

Orders may be made by the following authorized personnel:

Contracting Officer’s Representative (COR)

Douglas W. Hamilton Voluntary Service Specialist Western North Carolina Veterans Health Care System (WNCVAHCS) 1100 Tunnel Road Asheville, NC 28805

(828) 298-7911 Ext. 5327 E-Mail: douglas.hamilton@va.gov

Alternate Contracting Officer’s Representative (COR

Craig M. Doane Voluntary Service, Chief Western North Carolina Veterans Health Care System (WNCVAHCS) 1100 Tunnel Road Asheville, NC 28805 828-298-7911 Ext. 2514 E-Mail: craig.doane@va.gov mailto:douglas.hamilton@va.gov mailto:craig.doane@va.gov

B.3 PERFORMANCE WORK STATEMENT (PWS)

Performance Work Statement (PWS) Off-site Outpatient Lodging

1. Scope of Work:

1.1 The lodging facility shall furnish lodging & complimentary shuttle services to Veterans receiving care at the Western North Carolina Veterans Health Care System (WNCVAHCS). The lodging facility must be located within two miles of the Medical Center located at 1100 Tunnel Road, Asheville, NC 28805 in accordance with the terms and conditions listed herein:

2. Reservations:

2.1. Contractor will guarantee availability of up to 15 rooms per night to the WNCVAHCS for Sunday through Thursday arrivals. Contractor will guarantee availability of 2 rooms per night Friday and Saturday. The WNCVAHCS will pay only for rooms used.

2.1.1 Should the WNCVAHCS require any additional rooms above the 15 guaranteed per night, these rooms will be billed at contracted nightly rate.

2.1.2 VA personnel will submit the projected list of lodgers on the day of stay by 4:00pm. The weekend (Sat/Sun) list will be submitted on Fridays by 4:00pm. The list with stays on Federal Holidays will be submitted by 4:00pm on the prior business day.

2.2 Veteran will present Lodging voucher upon check-in at lodging facility.

2.3 Contractor guarantees three of the fifteen rooms per night as “handicap accessible.” This would include items such as raised toilet seat, grab bars and widened doorways to ensure ADA Compliance. One of the three “handicap accessible” rooms must have a roll-in shower.

2.4 The Contractor shall maintain the reservation list that indicates dates, length of stay, and collect the occupant’s signature during check-in or check out. This will be submitted through the Tungsten website at http://www.tungstennetwork.com/uk/en/ as a detailed invoice for certification/verification of contract performance for payment by the fifth day of the following month. Any issues with should be brought to the attention of the Tungsten direct vendor support number is 877-489-6135 for VA contracts., not directly with WNCVAHCS staff.

2.5 In case of overbooking, the contractor will lodge Veterans in another commercial hotel that meets the standards set forth herein, at no additional expense to the individual or the Government.

2.6 All guaranteed rooms are to be non-smoking rooms. Veteran may make other arrangements depending on availability. The contractor will provide a “designated smoking area” with proper signage.

http://www.tungstennetwork.com/uk/en/

3. Check In:

3.1 The contractor will retain a credit card and contact information from the occupant for additional services (phone charges, additional room occupants etc…) or damages not normally included in the room rate. These expenses will be paid for by the individual(s). The government incurs no liability, and it is the contractor’s responsibility to collect these charges.

3.2 Late arrivals must be confirmed by 6:00 p.m. with the hotel on the day of scheduled stay.

Late arrivals not confirmed prior to 6:00 p.m. shall be cancelled by the contractor. The Government incurs no liability when late arrival has not been confirmed by the individual prior to 6:00 p.m. on the date of the arrival.

3.3 Late Check-out: The WNCVAHCS does not approve or pay for late check-outs and incurs no liability in this instance.

3.4 The lodging facility must provide a check in/out service on a 24-hour basis, 7 days a week.

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

4.1 WNCVAHCS staff will conduct "unannounced inspections" of the hotel premises, customer service and accommodations.

4.2 All findings of incomplete or unsatisfactory performance from inspections, complaints or surveys will be recorded, verbal notice given, and confirmed in writing. The lodging facility will reply in writing, giving the reasons for the unsatisfactory condition, the corrective action taken, and the procedures developed to prevent recurrence. Lodging facility will send copy of written reply to Medical Center COTR.

4.3 Contractor will provide documentation of ongoing pest control treatment and abatement.

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.

5.1.3 A safe and secure environment must always be maintained.

5.1.4 Any disruptive behavior will not be tolerated and dealt with according to hotel policy.

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 light, TV, closet or hanger space, smoke detectors, individual thermostat, telephone, note pad with pen, bathrooms with vanity, mirror, light with grounded electrical outlet, microwave, coffee pot, trash receptacle 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 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, if appropriate, wake-up and message service, Cable TV, room identification/directory signs and smoke detectors in hallways, air conditioning, ice machines, adequate parking space for all guest and passenger/baggage loading zones.

5.4 The CO and/or COR reserve the right to validate complaints which may be due to circumstances beyond the contractor’s control. This will be a subjective determination which may not be appealed.

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

6.1 Complimentary Breakfast. Contractor shall offer complimentary breakfast beginning at 6:30 A.M.-9:30 A.M. with diabetic dietary consideration.

6.2 Complimentary Shuttle Service: Contractor shall offer complimentary transportation service available to the WNCVAHCS and to referred community medical practices (i.e., Asheville Radiology) within a 10-mile radius of the hotel. Transportation Service shall be available 5:30 A.M. to 8:30 A.M. and 3:00 P.M. to 6:00 P.M. Monday thru Saturday. Shuttle service must be coordinated by the Veteran.

6.3 Custodial/Sanitation Services. Daily services include, but are not limited to, room cleaning, bed making, linen change (as required), adequate quantities of soap, bath towels, hand towels, wash cloths, sanitized drinking glasses, facial tissues, and bathmat.

6.4 Linen Service. Linen service shall be provided at least once per week or occupant change (whichever occurs first), and whenever necessary. Additional blankets and pillows shall be made available if requested by the occupant. All linen, pillows and blankets shall be clean, freshly laundered, and in good repair, free from tears, rips, holes, stains, and extensive wear.

6.5 Common use areas. The lodging facility shall keep all hallways, corridors, grounds, and other adjacent areas under their control in clean, neat, and safe condition.

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

6.7 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.

7.0 Privacy, Confidentiality, Handling and Storing of VA Data: Contractors and Subcontractors. 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.

B.4 SPECIAL CONTRACT REQUIREMENTS

1. QUALITY ASSURANCE SURVEILLANCE PLAN.

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary.

2. TERM OF CONTRACT:

This contract is effective from March 1, 2022 to February 28, 2023 with four (4) one-year options. The contract is subject to the availability of funds. The contractor shall perform no services after February 28, of each year unless the Contracting Officer authorizes such services in writing.

a. The CO will be the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the CO on all matters pertaining to contract administration. Only the CO will be authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the CO, the change shall be considered unauthorized by the local VAMC and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

b. The COR will be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

2. BILLING AND PAYMENT.

Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 5th workday of the following 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:

Your firm’s Taxpayer ID Number (TIN) Your firm’s “Remit Address” information The VA Purchase Order (PO) number Your firm’s contact information: (Personal Name, Email, and Phone) Your VA point of contact information: (Personal Name, Email, and Phone) The Period of Performance dates (Beginning and Ending) All discount information if applicable (Percent and Date Terms) Total price

Vendor Electronic Invoice Submission Methods: Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ 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 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: http://www.tungsten-network.com/uk/en/

Department of Veterans Affairs Financial Service Center:

Phone: 1-877-353-9791

Email: vafscched@va.gov

3. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS).

(a) FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15

(b) The past performance evaluation process is a totally paperless process using CPARS.

CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically generated email with detailed login instructions.

Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

http://www.tungstennetwork.com/uk/en/ http://www.tungsten-network.com/uk/en/ mailto:vafscched@va.gov http://www.cpars.gov/

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

4. CONTRACT ADMINISTRATION

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

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 http://www.cpars.gov/ make commitments or issue changes that shall affect price, quantity, or quality of performance of this contract.

The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

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

POINTS OF CONTACT:

Contract Specialist: Contracting Officer:

David E. Smith Mario L. Santiago Department of Veterans Affairs Department of Veterans Affairs VISN 6 Network Contracting Office VISN 6 Network Contracting Office 100 Emancipation Drive, building 27 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 Hampton, VA 23667 757-728-7156 757-251-4254 David.Smith78@va.gov Mario.Santiago@va.gov

Contracting Officer’s Representative (COR) Douglas W. Hamilton Address: 1100 Tunnel Road, Asheville, NC 28805

(828) 298-7911 Ext. 5327 E-Mail: douglas.hamilton@va.gov mailto:David.Smith78@va.gov mailto:Mario.Santiago@va.gov

SECTION C - CONTRACT CLAUSES

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

(OCT 2018)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(2) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

ITEMS

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

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

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

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

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

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-18 AVAILIBILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

DEV AUG

52.237-3 CONTINUITY OF SERVICES JAN 1991

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 3/1/2022 through 2/28/2027.

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

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 one hotel room per night, 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 fifteen hotel rooms per night;

(2) Any order for a combination of items in excess of fifteen hotel rooms per night; or

(3) A series of orders from the same ordering office within one days 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 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.

C.5 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government…