S02 36C26124Q0062.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. 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

612-24-2-6165-0002

36C26124Q0062

6. SOLICITATION ISSUE DATE

11-03-2023

Pablo S. Cunanan 808-539-1314 11-16-2023

4:00PM PST

Department of Veterans Affairs Network Contracting Office 21 (NCO 21) VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu HI 96813

X 100

X

541350

$11.5 Million

N/A

X

"See Performance Work Statement (PWS)"

Department of Veterans Affairs Network Contracting Office 21 (NCO 21) VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu HI 96813

Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

866-372-1141 vafscenterprisesupport@va

See CONTINUATION Page

Description: Fire and Life Safety Inspection Services, various facilities throughout Veterans Administration Northern California Health Care System (VANCHCS).

Period-of-Performance: Base Year: 01/01/24 - 12/31/25 plus four one-year option periods.

Offerors must be registered and "Verified" as an SDVOSB concern in https://veterans.certify.sba.gov/ on the dates quotes are due and at time of award.

Offerors shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212-2, and their addendums included in this solicitation. Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for award.

The applicable wage determinations: See Section D.

See CONTINUATION Page

X

Pablo S. Cunanan Contracting Officer

36C26124Q0062

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT………………………………………………...11

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...25

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.6 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

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 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..33

C.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

SERVICES (NOV 2021)

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

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

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)

E.8 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Pablo S. Cunanan Department of Veterans Affairs Network Contracting Office 21 (NCO 21) VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu HI 96813

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.

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

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

AMENDMENT NO DATE

mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE

ESTIMATED

AMOUNT

0001 12.00 EA __________________ __________________

Facility inspections ranging from 1,000-1,999 sq.ft. in accordance with PWS Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2025

0002 11.00 EA __________________ __________________

Facility inspections ranging from 2,000-3,999 sq.ft. in accordance with PWS Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2025

0003 13.00 EA __________________ __________________

Facility inspections ranging from 4,000-9,999 sq. ft. in accordance with PWS Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2025

0004 17.00 EA __________________ __________________

Facility inspections ranging from 10,000-24,999 sq.ft. in accordance with PWS Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2025

0005 18.00 EA __________________ __________________

Facility inspections ranging from 25,000-45,000+ sq.ft. in accordance with PWS Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2025

0006 9.00 EA __________________ __________________

Veterans Center (business occupancy) inspections ranging from 3,000-5,000 sq. ft. in accordance with PWS Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2025

1001 12.00 EA __________________ __________________

Facility inspections ranging from 1,000-1,999 sq.ft. in accordance with PWS Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2026

1002 11.00 EA __________________ __________________

Facility inspections ranging from 2,000-3,999 sq.ft. in accordance with PWS Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2026

1003 13.00 EA __________________ __________________

Facility inspections ranging from 4,000-9,999 sq. ft. in accordance with PWS Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2026

1004 17.00 EA __________________ __________________

Facility inspections ranging from 10,000-24,999 sq.ft. in accordance with PWS Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2026

1005 18.00 EA __________________ __________________

Facility inspections ranging from 25,000-45,000+ sq.ft. in accordance with PWS Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2026

1006 9.00 EA __________________ __________________

Veterans Center (business occupancy) inspections ranging from 3,000-5,000 sq. ft. in accordance with PWS Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2026

2001 12.00 EA __________________ __________________

Facility inspections ranging from 1,000-1,999 sq.ft. in accordance with PWS Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2027

2002 11.00 EA __________________ __________________

Facility inspections ranging from 2,000-3,999 sq.ft. in accordance with PWS Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2027

2003 13.00 EA __________________ __________________

Facility inspections ranging from 4,000-9,999 sq. ft. in accordance with PWS Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2027

2004 17.00 EA __________________ __________________

Facility inspections ranging from 10,000-24,999 sq.ft. in accordance with PWS Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2027

2005 18.00 EA __________________ __________________

Facility inspections ranging from 25,000-45,000+ sq.ft. in accordance with PWS Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2027

2006 9.00 EA __________________ __________________

Veterans Center (business occupancy) inspections ranging from 3,000-5,000 sq. ft. in accordance with PWS Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2027

3001 12.00 EA __________________ __________________

Facility inspections ranging from 1,000-1,999 sq.ft. in accordance with PWS Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2028

3002 11.00 EA __________________ __________________

Facility inspections ranging from 2,000-3,999 sq.ft. in accordance with PWS Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2028

3003 13.00 EA __________________ __________________

Facility inspections ranging from 4,000-9,999 sq. ft. in accordance with PWS Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2028

3004 17.00 EA __________________ __________________

Facility inspections ranging from 10,000-24,999 sq.ft. in accordance with PWS Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2028

3005 18.00 EA __________________ __________________

Facility inspections ranging from 25,000-45,000+ sq.ft. in accordance with PWS Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2028

3006 9.00 EA __________________ __________________

Veterans Center (business occupancy) inspections ranging from 3,000-5,000 sq. ft. in accordance with PWS Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2028

4001 12.00 EA __________________ __________________

Facility inspections ranging from 1,000-1,999 sq.ft. in accordance with PWS Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2029

4002 11.00 EA __________________ __________________

Facility inspections ranging from 2,000-3,999 sq.ft. in accordance with PWS Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2029

13.00 EA __________________ __________________

Facility inspections ranging from 4,000-9,999 sq. ft. in accordance with PWS Contract Period: Option 4

17.00 EA __________________ __________________

Facility inspections ranging from 10,000-24,999 sq.ft. in accordance with PWS Contract Period: Option 4

18.00 EA __________________ __________________

Facility inspections ranging from 25,000-45,000+ sq.ft. in accordance with PWS Contract Period: Option 4

9.00 EA __________________ __________________

Veterans Center (business occupancy) inspections ranging from 3,000-5,000 sq. ft. in accordance with PWS Contract Period: Option 4

GRAND TOTAL __________________

Summary of Period-of Performance and Amount:

Period-of-Performance

Estimated Amount

Base Period – January 01,2024 – December 31, 2025

Option Period One - January 01, 2025 – December 31, 2026

Option Period Two - January 01, 2026 – December 31, 2027

Option Period Three - January 01, 2027 – December 31, 2028

Option Period Four - January 01, 2028 – December 31, 2029

Aggregate Amount (Base Period + Four one-year option periods = 5 Years)

B.3 PERFORMANCE WORK STATEMENT

COMMUNITY CARE PROGRAMS

FIRE AND LIFE SAFETY INSPECTION SERVICES

1. Introduction

1.1. The VA Northern California Health Care System (VANCHCS) has a requirement for an inspection and audit to determine Fire and Life Safety Code compliance with relevant editions of the National Fire Protection Association Codes and Standards and Occupational Safety and Health Administration regulations.

2. Objectives

2.1. These fire and life safety assessments will be used to meet the VANCHCS requirements for Occupational Safety and Health Administration (OSHA), Office of Inspector General (OIG), The Joint Commission accreditation, and other oversight bodies and will be used to support the safe care of Veterans at the contracted program.

3. Scope

3.1. The contractor shall provide all labor, tools, materials, equipment, apparatuses and supervision to perform the inspection and audit. These services will be required at various facilities throughout VANCHCS. There are approximately 70-80 contract facilities in the following counties, Alameda, Amador, Butte, Calaveras, Colusa, Contra Costa, El Dorado, Glenn, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, and Yuba. The facilities range from medical centers, community living centers, outpatient clinics, administrative offices (Veterans Centers), community nursing homes, licensed state nursing homes, Medical Foster Homes (MFH), board and care (Addiction Recovery Treatment Services (ARTS), Mental Health), emergency housing (homeless, Grant Per Diem (GPD) and Healthcare for Homeless Veterans (HCHV), fisher houses, Adult Day Health Care (ADHC) facilities.

3.2. Due to the flexibility of community care programs, services may decrease or increase on short notice. The Contracting Officer shall notify the contractor in writing when service to additional facilities, above current anticipated requirements, are added by contract amendment prior to service. If the contractor becomes aware of additional facilities without notice from the Contracting Office, the contractor shall immediately contact the Contracting Officer to ensure contractual obligations are met. The Contracting Officer is the only authorized authority to amend contract requirements.

Undertaking work not in the scope of the contract or making changes not approved in writing by the Contracting Officer will be considered unauthorized, will disrupt contract administration, and will be documented in the contractor’s performance evaluation.

4. Performance Requirements

4.1. Inspections of Existing Facilities – Complete inspection of existing facilities within 30 days of previous inspection. Existing master list of facilities will be provided by VA Safety Specialist.

4.2. Inspections of New Contract Facilities – additional inspections will be scheduled and completed within 60 days of notification from VA COR.

4.3. Contractor personnel must perform services without direct Government supervision.

Contractor shall coordinate inspection schedules with appropriate facility administrators or VA points of contact. Advance notification and reminders shall be sent to facility administrators and VA points of contact at least 30 days prior to scheduled inspection date.

4.4. May require the use of tools and instruments necessary to measure conformance with relevant regulations, codes, and standards.

4.5. All inspections will be completed during business hours, 8:00AM to 4:30PM, Monday through Friday. All federal holidays will be observed.

4.6. The Contractor shall use the appropriate life safety code checklist to document compliant and non-compliant conditions. The program and corresponding checklist is identified on the Community Veteran Care Program & Community Living Centers (CLCs) summary matrix. The code of federal (CFR) regulations for each program has not yet been updated and therefore you must still follow the older editions of the codes listed on the summary matrix. Where there are discrepancies, the contractor shall inform the COR for clarification and determination of which form applies. When there are Code changes or new requirements adopted by the CFR or VA, the contractor shall make necessary adjustments to processes and forms to meet the latest requirements.

Contractor may suggest changes to improve the efficiency and validity of the checklists.

4.7. Contractor shall respond to email and phone communications within one business day, except during weekends, holidays, or other foreseeable periods of leave.

4.8. Quality control procedures should be implemented prior to submission of official reports and communications.

5. Quality Assurance Surveillance Plan (QASP)

5.1. QASP factors are enumerated in table 5.1 and will be used to evaluate contractor performance of performance requirements and deliverables on a periodic basis. The VA COR will use in-person observations, email and phone communications, and review of deliverables to verify conformance.

Table 5.1 Quality Assurance Surveillance Plan

Task # Performance Requirement / Task (Ref: Para.)

Performance Standard Acceptable Quality Level

1 Complete inspection of new facilities within 60 days of

Contactor successfully schedules and completes

No more than 1 non-compliant notification of additional requirement (Ref: 4.2) inspection of new facilities within 8 weeks of notification.

occurrence.

2 Provide scheduled inspection list quarterly. (Ref: 6.2)

Contractor submits updated inspection schedule at least 4 times per contract year.

No more than 1 late inspection schedule submission.

3 Complete inspection of existing facilities within 30 days of previous inspection. (Ref: 4.1)

90% or greater timeliness of report submission is achieved.

<10% failure rate to meet specified schedules

4 Coordinate inspection with VA COR and facility administrators, as appropriate. (Ref: 5.3)

Contractor provided notice of all upcoming inspections to Safety Specialist, VA care managers, and community care program management, at minimum, 30 calendar days.

Must achieve 100% compliance; no customer complaints due to no-notice inspection.

5 Contractor completes summary report of inspection and cover memorandum. (Ref: 6.4)

Contractor submits deliverables within 14 calendar days post-inspection.

<5% failure rate to meet specified schedules without prior agreement.

6. Deliverables

6.1. Within 7 calendar days after contract award, the Contractor shall provide dates and times of availability to join a one-hour telephone conference to review contract tasks and deliverables. VA will provide access to telephone conference line.

6.2. Initially, within 30 calendar days, and periodically thereafter, the Contractor shall provide a schedule for upcoming program inspections.

6.3. The Contractor will deliver service at each site location listed in Attachment 2, Master List of Programs.

6.4. Signed report of inspection and cover memorandum summary of findings shall be submitted within 14 calendar days via email. Detailed recommendations for corrective action shall be documented in the inspection checklist. Reports must be submitted via non-proprietary or unrestricted format. Microsoft Word and Excel are the preferred file types.

6.5. VA will confirm receipt of all deliverables via email.

7. Government-Furnished Property, Material, Equipment, or Information (GFP, GFM, GFE, or GFI)

7.1. No technological or physical government-furnished property will be provided. VA will provide information in the form of sample documentation templates and background reference documents, including:

7.1.1. References to VA-specific directives, handbooks, and information letters.

7.1.2. Community Veteran Care Programs & CLC summary matrix, dated 12/1/2016.

7.1.3. Life Safety Code Inspection Checklists, relevant editions.

7.1.4. Existing master list of programs, points of contact, and basic facility data.

7.1.5. Prior record of findings.

7.1.6. Access to telephone conference line where group calls with VA are necessary.

8. Invoices and Payment

8.1. FSC Mandatory Electronic Invoice Submission

8.1.1. The Department of Veterans Affairs published a final rule in the Federal Register on November 27, 2012 to require contractors to submit payment requests in electronic form to enhance customer service, departmental productivity, and adoption of innovative information technology, including the appropriate use of commercial best practices. The rule is effective December 27, 2012.

8.1.2. Vendor Electronic Invoice Submission Methods

8.1.3. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

8.1.4. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, OB10, to transition vendors from paper to electronic invoice submission. Please go to this website: http://ob10.com/us/en/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

8.1.5. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org).

8.1.6. Vendor e-Invoice Set-Up Information: Please contact OB10 at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or OB10, please contact the FSC at the phone number or email address listed below:

• OB10 e-Invoice Setup Information: 1-877-489-6135

• OB10 e-Invoice email: VA.Registration@ob10.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

8.1.7. Payment will be made in arrears of the specified billing period after receipt of a properly prepared invoice provided all required work has been performed in accordance with contract and this Performance Work Statement.

http://ob10.com/us/en/veterans-affairs-us/ http://www.x12.org/ mailto:VA.Registration@ob10.com mailto:vafsccshd@va.gov

9. Security

9.1. The contractor shall wear identifying apparel, uniform, badging, or provide government-issued identification documents to facility administrators immediately upon request. Due to the sensitive nature of many of the community care facilities, the contractor must always be escorted by facility personnel so that appropriate announcements are made and security is maintained. Information Technology Certification and Accreditation (authorization) requirements from VA Handbook 6500.3, Certification and Accreditation, do not apply.

9.2. All contractors, regardless of anticipated access to personal health information, personally identifiable information, or sensitive information, are required to take reasonable measures to ensure sensitive information and individual privacy considerations are excluded from all records, reports, and photographs, if used.

10. Travel

10.1. The contractor shall make all necessary arrangements for travel to perform tasks required during the period of performance. In the event of travel disruptions, the COR shall be immediately notified so that mutually agreeable alternative scheduling can be coordinated.

11. Special Material Requirements: None identified.

12. Other Unique Requirements: None identified.

13. Period and Place of Performance

13.1. The period of performance shall take effect on January 01, 2024, and shall include four one-year option periods. The contractor shall conduct on-site audits of fire and life safety elements based on the prior annual inspection date.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VHA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flow down of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

(End of Addendum to 52.212-4)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires.; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 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.

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this…