S02 - RFP 36C26223R0133 - GLA Temp Warehouse Staff Services.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26223R0133 06-06-2023

Tracey Williams-Douglas 562-766-2283 06-21-2023

12:00 PM PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

561320

$30 Million

N/A

X

36C691

Department of Veterans Affairs VA Greater Los Angeles Healthcare System 11301 Wilshire Blvd

Los Angeles CA 90073

36C262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Tungsten Network Financial Services Center Submit invoices electronically to:

www.tungsten-network.com/us/en

See CONTINUATION Page

Supply Chain Management Temporary Staffing for the Medical Distribution Warehouse located at Veterans Affairs Greater Los Angeles Healthcare System (VAGLAHS).

Please see subsequent pages for details.

Contracting POC: tracey.williams-douglas@va.gov

See CONTINUATION Page

X X

X 1

Alfreda Hunter, Contracting Officer

36C26223R0133

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES AND PRICE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D – WAGE DETERMINATION – LA COUNTY – (Dated 12/27/2022) Attached

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 INSTRUCTIONS FOR PROPOSAL SUBMISSION — COMMERCIAL ITEMS

ADDENDUM

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

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

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Department of Veterans Affairs, Network Contracting Office - 22 Tracey Williams-Douglas, Contract Specialist 4811 Airport Plaza Drive, Suite 600 Long Beach, CA 90815 Email: tracey.williams-douglas@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing. If you have any questions about the e-invoicing program or Tungsten, please contact the FSC at the number or email address listed below:

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

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

• Website: www.tungsten-network.com

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

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

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

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

AMENDMENT NO DATE

B.2 SCHEDULE OF SERVICES AND PRICE

Payment for Services: The rates identified below are all-inclusive hourly rates for services rendered. The Government shall only pay for services actually rendered at the hourly rate indicated for each line item. Any unused excess funds will be de-obligated at the end of the period of performance via a modification to this task order.

BASE PERIOD: JULY 01, 2023 – OCTOBER 31, 2023

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

0001 Material Handler, Bldg. 297 Warehouse, 1st Shift 7:00AM - 3:30PM, Monday-Friday, Shift = 8 HRS, (0.5hr Meal Break) 3 Full Time Employees 1 FTE: 40 HRS per week x 3 = 120 HRS.

1,920.00 HR

0002 Material Handler, Bldg. 500 Warehouse, 1st Shift, 7:00AM - 3:30PM, Monday-Friday, Shift = 8 HRS, (0.5 HR Meal Break).

3 Full Time Employees 1 FTE: 40 HRS per week

0003 Supply Technician, Bldg. 500, 1st Shift

7:00AM - 3:30PM,

Rotating Days TBD, Shift = 8 HRS, (0.5HR Meal Break).

4 Full Time Employees, 1 FTE: 40 HRS per week x 4 = 160 HRS.

2,560.00 HR

0004 Supply Technician, Bldg. 500, 2nd Shift

2:30PM - 11:00PM,

Rotating Days TBD, Shift = 8 HRS, (0.5HR Meal Break).

2 Full Time Employee 1 FTE: 40 HRS per week x 2 = 80 HRS.

1,280.00 HR

0005 Lead Supply

Technician,

640.00 HR

Bldg. 500 2nd Shift, 2:30PM - 11:00AM, Rotating Days TBD, Shift = 8 HRS (0.5HR Meal Break) 1 Full Time Employee 1 FTE: 40 HRS per week x 1 = 40 HRS.

0006 Supply Technician, Bldg. 500, 3rd Shift

10:30PM - 8:00AM,

Rotating Days TBD Shift = 8 HRS, (0.5HR Meal Break).

3 Full Time Employee 3 FTE: 40 HRS per week x 3 = 120 HRS.

GRAND TOTAL:

OPTION PERIOD 1: NOVEMBER 01, 2023 – MARCH 06, 2023

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

1001 Material Handler/Driver, Bldg. 297 Warehouse, 1st Shift 7:00AM - 3:30PM, Monday-Friday, Shift = 8 HRS, (0.5hr Meal Break) 3 Full Time Employees 1 FTE: 40 HRS per week

1002 Material Handler/Driver, Bldg. 500 Warehouse, 1st Shift, 7:00AM - 3:30PM, Monday-Friday, Shift = 8 HRS, (0.5 HR Meal Break).

3 Full Time Employees 1 FTE: 40 HRS per week

1003 Supply Technician, Bldg. 500, 1st Shift

7:00AM - 3:30PM,

Rotating Days TBD Shift = 8 HRS, (0.5HR Meal Break).

4 Full Time Employees, 1 FTE: 40 HRS per week x 4 = 160 HRS.

2,560.00 HR

1004 Supply Technician, Bldg. 500, 2nd Shift

2:30PM - 11:00PM,

Rotating Days TBD Shift = 8 HRS, (0.5HR Meal Break).

2 Full Time Employee 1 FTE: 40 HRS per week x 2 = 80 HRS.

1,280.00 HR

1005 Lead Supply

Technician, Bldg. 500 2nd Shift, 2:30PM - 11:00AM, Rotating Days TBD Shift = 8 HRS (0.5HR Meal Break) 1 Full Time Employee

640.00 HR

1 FTE: 40 HRS per week x 1 = 40 HRS.

1006 Supply Technician, Bldg. 500, 3rd Shift

10:30PM - 8:00AM,

Rotating Days TBD Shift = 8 HRS, (0.5HR Meal Break).

3 Full Time Employee 3 FTE: 40 HRS per week x 3 = 120 HRS.

GRAND TOTAL:

B.3 PERFORMANCE WORK STATEMENT

1. CONTRACT TITLE: Temporary Staffing for Supply Chain Management Services for the Medical Distribution Warehouse located at VA Greater Los Angeles Healthcare System (VAGLAHS).

2. INTRODUCTION: The Department of Veterans Affairs Greater Los Angeles Healthcare System (VAGLAHS), located at 11301 Wilshire Blvd, Los Angeles, CA 90073, has a requirement for Material Handlers/Drivers, Supply Technicians, and a Lead Supply Technician to provide support in the areas of Supply Chain Management (SCM), Warehouse Materiel Management, and Supplies Distribution to assist and augment the permanent staff at the Medical Distribution Warehouse.

3. GENERAL REQUIREMENTS: The Contractor shall provide six (6) Material Handlers/Drivers, nine (9) Supply Technicians, and one (1) Lead Supply Technician who shall provide Supply Chain Management (SCM), Warehouse Materiel Management and Supplies Distribution support services.

For the Government to comply with federal law, the Contractor shall ensure that individual members of the Contractor’s staff do no work more than 240 days within a two-year period performing the same tasks as required by this contract. The Contractor shall monitor the number of days that each staff member has performed work under this contract and shall remove staff members from providing services under this contract when a staff member reaches the limitation on workdays described in this paragraph.

4. PERIOD OF PERFORMANCE:

• Base Period: July 01, 2023 through October 31, 2023

• Option Period One (1): November 01, 2023 through March 06, 2024.

5. SPECIFIC TASKS AND QUALIFICATIONS:

5.1 Materiel Handlers/Drivers:

5.1.1 Duties:

5.1.1.1 The Contractor shall receive, deliver, and ship equipment and supplies.

5.1.1.2 The Contractor shall receive, deliver, and store hazardous materials such as medical gas cylinders.

5.1.1.3 The Contractor shall utilize space in most efficient manner; Process incoming and outgoing shipments from docking/receiving area. Shall complete receiving reports and prepares shipping documents.

5.1.1.4 The Contractor shall facilitate movement of materials in accordance with priorities, scheduling requirements and space allocations.

5.1.1.5 The Contractor shall communicate discrepancies to leadership.

5.1.1.6 The Contractor shall make off-site deliveries in motor vehicle, truck, or van not exceeding 29,000 Gross Vehicle Weight Rating (GVWR), with electrical or hydraulic lift. Off-site deliveries are made to San Luis Obispo once per month and Sepulveda Ambulatory Care Center/Los Angeles Ambulatory Care Center once per week. Must possess a valid, state driver’s license or commercial driver’s license (CDL), as applicable, to operate a motor vehicle or commercial vehicle.

5.1.1.7 The Contractor shall perform other duties as assigned.

5.1.2 Working Conditions:

5.1.2.1 The Contractor shall be required to work in vehicles and warehouses that may be hot, cold, drafty, and poorly lighted. Shall be required to work outdoors on docks, making deliveries in all types of weather conditions during all seasons.

5.1.2.2 The Contractor shall encounter hazardous materials in daily work activities.

5.1.2.3 All types of Personal Protective Equipment (PPE) shall be required.

5.1.3 Work Schedule:

5.1.3.1 Full-Time (8 hours per day, 40 hours per week), any five consecutive days as assigned, (must be able to rotate to work on the weekend/holiday).

5.1.3.2 Overtime may be required up to twice per week due to call-offs.

5.1.3.3 Two fifteen-minute breaks and thirty-minute lunch break.

5.2 Supply Technicians:

5.2.1 Duties:

5.2.1.1 The Contractor shall perform daily physical count of secondary inventory points using bar coding equipment and automating supply cabinets on a predetermined schedule that will allow for timely replenishment of orders.

5.2.1.2 The Contractor shall create computer generated order ticket, using computerized inventory management systems such as GIP and pull stock from primary inventory.

5.2.1.3 The Contractor shall deliver supplies in a timely and accurate manner, ensuring supplies are delivered are in clean/sterile and operational condition. Deliveries will be to wards, clinics and other secondary locations that may be in remote sites. Delivery by motor vehicle is sometimes required.; recommending revisions in stock levels as needed to supply changes to MSD Supervisor.

5.2.1.4 The Contractor shall clean assigned secondary areas (shelves and bins) in accordance with aseptic principles as published in infection control guidelines, local Standard Operating Procedures (SOPs), and Joint Commission standards as scheduled.

5.2.1.5 The Contractor shall monitor expiration dates, rotates stock to limit outdates and removes items from use as required by outdates. Supports Inventory Managers in checking secondary inventory points for recalled items and hazard alerts.

5.2.1.6 The Contractor shall interact/communicate with clinical customers, MSD staff and supervisor to ensure issues and needs are identified, resolved, or escalated to Inventory Management Specialists as needed. Shall communicate any concerns related to supplies, equipment, and procedures, providing information as needed orally or in writing.

5.2.1.7 The Contractor shall complete specialty cart restocking.

5.2.1.8 The Contractor shall remove supplies from shipping cartons; properly stores supplies in primary inventory areas. Stores items in accordance with established guidelines, to ensure sterility and integrity of the supplies and the data integrity of the inventory management system.

5.2.1.9 The Contractor shall assist with wall-to-wall and periodic inventories.

5.2.1.10 The Contractor shall perform other duties as assigned.

5.2.2 Working Conditions:

5.2.2.1 The Contractor shall be required to work in vehicles and warehouses that may be hot, cold, drafty, and poorly lighted. Will be required to work outdoors on docks, making

5.2.2.2 The Contractor shall encounter hazardous materials in daily work activities.

5.2.2.3 All types of Personal Protective Equipment (PPE) shall be required.

5.2.3 Work Schedule:

5.2.3.1 Full-Time (8 hours per day, 40 hours per week), any five consecutive days as assigned,

5.2.3.2 Overtime may be required up to twice per week due to call-offs.

5.2.3.3 Two fifteen-minute breaks and thirty-minute lunch break.

5.3 Lead Supply Technicians

5.3.1 Duties:

5.3.1.1 The Contractor shall perform daily physical count of secondary inventory points using bar coding equipment and automating supply cabinets on a predetermined schedule that will allow for timely replenishment of orders.

5.3.1.2 The Contractor shall create computer generated order ticket, using computerized inventory management systems such as GIP and pull stock from primary inventory.

5.3.1.3 The Contractor shall deliver supplies in a timely and accurate manner, ensuring supplies are delivered are in clean/sterile and operational condition. Deliveries will be to wards, clinics and other secondary locations that may be in remote sites. Delivery by motor vehicle is sometimes required.; recommending revisions in stock levels as needed to supply changes to MSD Supervisor.

5.3.1.4 The Contractor shall clean assigned secondary areas (shelves and bins) in accordance with aseptic principles as published in infection control guidelines, local Standard Operating Procedures (SOPs), and Joint Commission standards as scheduled.

5.3.1.5 The Contractor shall monitor expiration dates, rotates stock to limit outdates and removes items from use as required by outdates. Supports Inventory Managers in checking secondary inventory points for recalled items and hazard alerts.

5.3.1.6 The Contractor shall interact/communicate with clinical customers, MSD staff and supervisor to ensure issues and needs are identified, resolved, or escalated to Inventory Management Specialists as needed. Shall communicate any concerns related to supplies, equipment, and procedures, providing information as needed orally or in

5.3.1.7 The Contractor shall complete specialty cart restocking.

5.3.1.8 The Contractor shall remove supplies from shipping cartons; properly stores supplies in primary inventory areas. Stores items in accordance with established guidelines, to ensure sterility and integrity of the supplies and the data integrity of the inventory management system.

5.3.1.9 The Contractor shall assist with wall-to-wall and periodic inventories.

5.3.1.10 The Contractor shall perform other duties as assigned.

5.3.1.11 The Contractor shall train new contractor employees.

5.3.1.12 The Contractor shall serve as onsite POC for COR in coordination of contractor employee shift assignments, rotation, and general duty assignments.

5.3.1.13 The Contractor shall coordinate timekeeping for contractor employees, ensuring contractor staff absences are properly documented.

5.3.1.14 The Contractor shall function as onsite representative of contractor in conveying informal communications between contractor administrative staff and government operational staff on matters of performance and attendance.

5.3.2 Working Conditions:

5.3.2.1 The Contractor shall be required to work in vehicles and warehouses that may be hot, cold, drafty, and poorly lighted. Will be required to work outdoors on docks, making

5.3.2.2 The Contractor may encounter hazardous materials in daily work activities.

5.3.2.3 All types of Personal Protective Equipment (PPE) shall be required.

5.3.3 Work Schedule:

5.3.3.1 Full-Time (8 hours per day, 40 hours per week), any five consecutive days as assigned,

5.3.3.2 Overtime may be required up to twice per week due to call-offs.

5.3.3.3 Two fifteen-minute breaks and thirty-minute lunch break.

6. ADDITIONAL REQUIREMENTS: The Contractor shall coordinate the onboarding of contract staff with the Contracting Officer’s Representative (COR). Any changes to Contractor Key Personnel will be reviewed by the COR. The COR will communicate and coordinate any directions with the Contractor’s designated representative. The Contractor shall provide qualified personnel per the qualifications set forth herein. The Contractor shall ensure they have qualified staff for all shifts during the hours of operation as previously defined in this SOW. The Contractor shall provide staff and services according to the criteria set forth in this contract, and all personnel including any replacement personnel shall meet all contract requirements.

7. STAFFING SCHEDULE: The contractor shall provide the required staff during the hours and days prescribed in Section B.2, Schedule of Services and Price. The Contractor staff shall be present and working during the specified timeframes. The COR shall approve any changes to this requirement in

8. NATIONAL HOLIDAYS: The Contractor is not required to provide services on the following

National Holidays (in addition to other federal recognized days as specified by the Office of Personnel Management).

In addition, When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday by U.S. Government When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U. S. Government. Also, included would be any other day specifically declared by the President of the United States to be a National Holiday

9. AUTHORIZED SERVICES: Only those services specified herein are authorized under this contract. Contractor shall be cautioned that only the Contracting Officer (CO) may authorize additional services and that reimbursement shall not be made unless prior authorization is obtained.

10. CHANGES: The contractor is advised that only the CO acting within the scope of this contract has the authority to make changes which may affect this contract terms and conditions, quality, quantity, price, and/or delivery. The contractor must contact the CO for approval in the event there are changes prior to proceeding. No other individual has the authority to make these binding changes and/or commitments.

In the event that the Contractor commits to such changes at the direction of any person other than the CO, the changes shall be considered to have been made without proper authority and no adjustment shall be made in contract price to cover any increase in costs incurred as a result thereof.

11. CONTRACTING OFFICER REPRESENTATIVE (COR): The COR is delegated to assist the CO in the administration and monitoring of the resulting contract. A copy of the COR’s Delegation of Authority letter will be sent to the Contractor demonstrating the responsibilities and limitations of the COR. The COR is not authorized to change any of the terms and conditions of the resulting contract.

COR: TBD

Position Title:

Telephone No.:

New Year’s Day 1 January

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19th

Independence Day July 4th

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11th

Thanksgiving Day 4th Thursday in November

Christmas Day December 25th

Email Address:

Alternate POC: TBD

Position Title:

Telephone No.:

Email Address:

12. CONTRACT MONITORING: The COR is responsible for monitoring the daily performance of the contract. The assigned Supervisor/Manager shall communicate with the COR daily and/or when required to address any issues/concerns regarding Contractor employees. The Contractor shall take appropriate action involving their employees and shall report any findings to the COR.

The Contractor shall notify the COR and CO immediately and in writing of the contractor’s employee name and of changes in employees appointed to fulfill all the requirements of the contract. Also, any substitution of employees due to illness or vacation.

13. CONTRACTOR EMPLOYEES ROSTERS: Current written rosters of all regular and alternate employees shall be provided to the CO and COR. Employees not listed on the rosters shall not be allowed to work at VAGLAHS. The Contractor shall ensure that sufficient backup employees are trained, have had a background investigation completed and have received a VA issued contractor badge and are available to provide the required services.

14. IDENTIFICATION OF CONTRACTOR EMPLOYEES: The Contractor shall ensure that the employees assigned shall be cognizant of sexual harassment, a drug-free workplace, and other appropriate federal employment requirements.

14.1 Contractor’s Employees: Both parties agree that the contractor’s staff performing under the contract shall not be considered VA employees for any purpose and shall be considered employees of the contractor only.

14.2 Contractor POC: The Contractor shall designate one (1) employee as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have authority to act for Contractor on all matters relating to the daily performance of this contract. An alternate may be designated, but the Contractor shall notify the Contracting Officer and COR in writing those times when the alternate shall act as the POC. The Contractor shall provide the name and telephone number of the person designated as the Point of Contact and Alternate on the space below:

Primary POC: TBD

Position Title:

Telephone No.:

Email Address:

Alternate POC: TBD

Position Title:

Telephone No.:

Email Address:

15. BADGES: All contractor employees shall always be required to wear VA provided identification (I.D.) badges above the waist while on the VA grounds. Contractor shall be required to coordinate with the COR to obtain the VA provided I.D. badges for all staff. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear ID badges may result in removal from any of the VA facilities and/or otherwise referred to Government property.

16. STANDARDS OF CONDUCT: The Contractor employees shall present a neat, well groomed, professional appearance at all time. The Contractor employees shall not wear sandals, flip-flop style footwear, or open toed shoes.

Contractor employees found to be under the influence of, consuming, or using alcohol or drugs while on duty shall be subject to administrative action from the CO, which may include contract termination.

Alcohol/Drug use in the workplace shall not be tolerated.

The contractor shall ensure that all contractor employees have met qualifying criteria. Ultimately, the decision to accept or reject contractor employees’ rests with the CO. Non-acceptance of contractor employees does not relive the contractor from satisfying and fulfilling the requirements of the contract.

The Government reserves the right to refuse acceptance of Contractor employees whose personal or professional conduct jeopardized or interferes with the operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, dereliction or negligence in performing directed tasks, or other abuse, or other conduct resulting in formal complaints by staff members to designated Government Representatives. Standards for conduct shall mirror those prescribed by current Federal Employees Regulations

17. SECURITY BACKGROUND CHECKS: The Contractor employees shall complete a fingerprint and have a National Criminal History Check (NCHC) completed prior to performing services. The Contractor employees will only be issued non-PIV badges and do not require a full background investigation.

18. INSURANCE LIABILITY: Prior to commencement of work to be performed, the Contractor shall furnish an insurance certificate indicating that the coverage outlined in paragraphs a and b have been obtained and that it may not be changed or canceled without a guaranteed thirty (30) day notice to the

CO.

The Contractor shall maintain Workers Compensation and Employee’s Public Liability Insurance in accordance with the laws of California.

The Contractor shall comply with all applicable Federal and State laws regarding liability for the injury or death of an employee in performing the work under this contract and shall hold the Government harmless against any or all loss, cost, damage, claim expense or liability for accident or injury to persons or property occurring in the performance of this contract

19. SAFETY AND FIRE PREVENTION: The Contractor shall take such safety precautions as necessary to protect the lives and health of the occupants of the building. Fire and Safety deficiencies, which exist and are part of the responsibility of the contractor, shall be immediately corrected. If the Contractor fails or refuses to correct deficiencies promptly, the CO may issue an order stopping all, or any part, of the work. The Contractor shall comply with applicable Federal, State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract. The Contractor employees shall follow applicable facility policies concerning fire/disaster programs.

20. VA POLICY: Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

21. PARKING: It is the responsibility of Contractor employees to park only in designated parking areas.

Parking information is available from the VA Police. The VA shall not validate or make reimbursement for parking violations of the Contractor’s employees under any circumstances.

22. SMOKING POLICY: Smoking is strictly prohibited on the grounds of any VHA facility. Per VHA

Directive 1085 dated March 5, 2019, it is VHA policy that all VHA healthcare facilities are smoke free.

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:

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

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION

OCT 2018

852.203-70 COMMERCIAL ADVERTISING MAY 2018

C.3 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.

(End of Clause)

C.4 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; 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 two (2) years.

(End of Clause)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022) The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract.