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This is a Request for Proposal (RFP) for monitoring services for homeless Veterans at the VA Greater Los Angeles Healthcare System (VAGLAHS). The Department of Veterans Affairs is seeking a contractor to provide Program Director, Lead Monitors, and Monitors to support Veterans residing in the Care, Treatment and Rehabilitative Services (CTRS) "Tiny Shelter" site, with 24/7 coverage from October 1, 2025 through September 30, 2030. The contract is an Indefinite Delivery, Indefinite Quantity (IDIQ) firm-fixed-price contract with a guaranteed minimum of $1,000 and a maximum aggregate value of $6,500,000.

The solicitation is set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB), with specific requirements for staffing including day, evening, and overnight shifts. Monitors will perform duties such as facility management, meal service, safety checks, maintenance tracking, and supporting Veterans' independent living skills. The offeror must demonstrate specialized experience providing monitoring services to homeless people. Proposals are due on September 24, 2025 at 12:00 PM PDT, with a wage determination based on Los Angeles County rates and requiring compliance with Service Contract Labor Standards.

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RFP Amendment 36C26225R0116 0002.pdf PDF
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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

36C26225R0116 08-25-2025

Tracey Williams-Douglas 562-760-9785 09-24-2025

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

561990

$16.5 Million

N/A

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

Department of Veterans Affairs Financial Services Center Submit invoices electronically to:

https://www.Kofax.com/products/tungsten

See CONTINUATION Page

Request for Proposal for Monitoring Services for Homeless Veterans Residing in the CTRS (Tiny Village) Community Located at VA Greater Los Angeles Healthcare System

(VAGLAHS).

See CONTINUATION Page

X 1

Danielle Carroll, Contracting Officer

36C26225R0116

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 (NOV 2023)

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

C.3 52.216-18 ORDERING (AUG 2020)

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

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

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

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.8 VAAR 852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 2022)

C.9 VAAR 852.203-73 COMMERCIAL ADVERTISING (MAY 2018)

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 852.237-75 KEY PERSONNEL (OCT 2019)

C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

C.16 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 PRICE WORKSHEET

D.2 WAGE DETERMINATION – COUNTY OF LOS ANGELES DATED 07/08/2025

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 INSTRUCTIONS FOR PROPOSAL SUBMISSION — COMMERCIAL ITEMS

ADDENDUM

E.3 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.11 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025)

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 – NCO-22 Tracey Williams-Douglas, Contract Specialist 4811 Airport Plaza Drive, Suite 600 Long Beach, CA 90815 Phone: 562-766-2283 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 in arrears

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:

• Website: https://www.tungstenautomation.com/products/einvoice-network

• Tungsten e-Invoice Setup Information: 1-877-489-6135, 8:00am - 7:00pm (EST)

• Tungsten Customer Support: contactCustomerSupportHome (site.com) mailto:tracey.williams-douglas@va.gov https://www.tungstenautomation.com/products/einvoice-network https://tungsten-network.my.site.com/contactCustomerSupport/s/contactcustomersupporthome?language=en_US

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

AMENDMENT NO DATE

B.2 SCHEDULE OF SERVICES AND PRICE

This is an indefinite delivery, indefinite quantity, (IDIQ) fixed-price contract. Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The guaranteed minimum amount for this contract is $1,000.00. The maximum aggregate value of the orders that can be placed under this contract is $6,500,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

The period of performance for this IDIQ is October 1, 2025 through September 30, 2030.

The previous year pricing will apply to any extension pursuant to FAR 52.217-8

Item Number Description of Services Unit Unit Price

The Contractor shall provide a Lead Monitor onsite. The Contractor shall have 24/7 coverage.

Contract Period: Year 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

Support - Administrative: Other

Day

The Contractor shall provide Monitors onsite.

The Contractor shall have 24/7 coverage.

Contract Period: Year 1 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

Support - Administrative: Other

Day

The Contractor shall a Program Director onsite.

Contract Period: Year 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

Support - Administrative: Other

Day

The Contractor shall provide a Lead Monitor onsite. The Contractor shall have 24/7 coverage.

Contract Period: Year 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

Support - Administrative: Other

Day

The Contractor shall provide Monitors onsite.

The Contractor shall have 24/7 coverage.

Contract Period: Year 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

Support - Administrative: Other

Day

The Contractor shall a Program Director onsite.

Contract Period: Year 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

Item Number Description of Services Unit Unit Price

The Contractor shall provide a Lead Monitor onsite. The Contractor shall have 24/7 coverage.

Contract Period: Year 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

Support - Administrative: Other

Day

The Contractor shall provide Monitors onsite.

The Contractor shall have 24/7 coverage.

Contract Period: Year 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

Support - Administrative: Other

Day

The Contractor shall a Program Director onsite.

Contract Period: Year 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

The Contractor shall provide a Lead Monitor onsite. The Contractor shall have 24/7 coverage.

Contract Period: Year 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

Support - Administrative: Other

The Contractor shall provide Monitors onsite.

The Contractor shall have 24/7 coverage.

Contract Period: Year 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

Support - Administrative: Other

Day

The Contractor shall a Program Director onsite.

Contract Period: Year 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

The Contractor shall provide a Lead Monitor onsite. The Contractor shall have 24/7 coverage.

Contract Period: Year 5 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

The Contractor shall provide Monitors onsite.

The Contractor shall have 24/7 coverage.

Contract Period: Year 5 POP Begin: 10-01-2029 POP End: 09-30-2030

PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

Support - Administrative: Other

Day

The Contractor shall a Program Director onsite.

Contract Period: Year 5 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

PRODUCT/SERVICE CODE: R699 -

B.3 PERFORMANCE WORK STATEMENT

1. CONTRACT TITLE: Monitoring services for the Care, Treatment and Rehabilitative Services

(CTRS), “Tiny-shelter” site at VA Greater Los Angeles Healthcare System (VAGLAHS).

2. PLACE OF PERFORMANCE: VAGLAHS (North Campus), 11301 Wilshire Blvd, Los Angeles, CA 90073.

3. INTRODUCTION: The VA Greater Los Angeles Healthcare System (VAGLAHS) has a need for

Veteran Service Monitors Program Director to provide immediate assistance to Veterans, in a safe, low-barrier, and supportive 24-hour residence for Veterans experiencing homelessness. Veteran participants living in the Care Treatment Rehabilitative Services (CTRS) “Tiny Shelter” site receive shelter, food, and clinical case management services to support their trajectory towards obtaining permanent housing.

4. SCOPE: The contractor shall provide a Program Director, Lead Monitors, and Monitors to perform monitoring and related duties as outlined in this Statement of Work. Services shall be provided to Veterans experiencing homelessness and residing at the CTRS site located on the North Campus of VA Greater Los Angeles Healthcare System (VAGLAHS). Monitoring services shall be available 24hours a day, 365 days year..

4.1 The Contractor shall manage staff scheduling to ensure 24/7 coverage at the CTRS site. At all times, there shall be a Program Manager onsite and a Lead Monitor on duty per shift. Staffing shall include the following minimum coverage.

4.2 Day Shift: 8:00 am. – 4:30pm

Evening Shift: 4:00pm – 12:00 am Overnight Shift: 12:00am – 8:30am

4.3 The Contractor shall be familiar with, understand, and support the Community Engagement &

Reintegration Services (CERS)/Veteran Affairs (VA) mission statement of low barrier emergency shelter programs. Contractor shall be familiar with CTRS site specific Standard Operating Procedures (SOPs), Informed Consents, policy, and procedures and maintain good rapport and working relationships with VA staff and community partners.

5. SPECIFIC TASKS AND QUALIFICATIONS:

5.1 MONITOR DUTIES – The Contractor shall perform the following:

5.1.1 Shall report any spills, unsafe working conditions, or defective equipment to the

Contracting Officer’s Representative (COR) or designee immediately upon discovery and provide corrective action

5.1.2 Shall work in collaboration with onsite security to monitor and report suspicious or unusual activity to the on-site security guards and COR; investigate alarms or noises and seek assistance from on-site security guards to remove trespassers from

CTRS to ensure safety of participants, staff and volunteers.

5.1.3 Shall assist with CTRS keypad, keys and key fob control procedures including routine key inventory, distribution replacement when keys (when applicable) and key codes are lost.

5.1.4 Shall assist Veterans with unlocking doors during lockouts.

5.1.5 Shall maintain restroom, shower, and laundry rooms by locking and unlocking doors and reporting in missing or maintenance needs.

5.1.6 Shall provide access to laundry facilities and supplies free of charge and adequate for residents to do their own laundry or to have laundry done at minimum one time per week.

5.1.7 Shall assist with linen gathering, sorting and distribution to Veterans and shall have spare linens to replace linens requiring cleaning between regularly schedule cleaning day.

5.1.8 Shall assist with CTRS keypad log and distribution of key codes to Veterans.

5.1.9 Shall respond to emergency situations as appropriate and fill out incident reports accordingly using VA providing technological resource.

5.1.10 Shall request emergency services personnel, such as law enforcement, fire department, paramedics in cases of emergencies and ensuring all pertinent information is included in the incident report.

5.1.11 Monitor shall deliver meal to Veterans unit while Veteran is under isolation.

Monitor shall wear appropriate Personal Protection Equipment (PPE) and practice hand washing and good hygiene after delivery of meal.

5.1.12 Shall maintain a clean and comfortable environment and assist with the serving of daily meals to Veterans.

5.1.13 Shall make nutritious snacks available between meals and at bedtime for those requiring or desiring additional food when it is not medically contradicted. All food shall be stored, handled, and served in a safe and sanitary manner that meets accepted industry standards and guidelines.

5.1.14 Monitor shall deliver meal to Veterans unit while Veteran is under isolation.

Monitor shall wear appropriate PPE and practice hand washing and good hygiene after delivery of meal.

5.1.15 Shall discard leftover food appropriately.

5.1.16 Shall assist with setting up and breaking down dining hall for mealtimes.

5.1.17 Shall monitor and assist with maintenance of Veteran laundry schedule and laundry facility maintenance needs.

5.1.18 Shall work with Veterans to improve their independent living skills and facilitate life skills activities and meetings.

5.1.19 Shall troubleshoot and ensure the proper functioning and maintenance of smoke detector, fire extinguisher, air conditioners, heaters, trap door accessibility and unit is free of clutter and hoarding.

5.1.20 Shall monitor and report maintenance concerns to the Contracting Officer Representative (COR) immediately after discovery.

5.1.21 Shall perform weekly facility site checks for maintenance needs.

5.1.22 Shall perform wellness and safety checks of Veterans and Veteran units during each shift at least one time.

5.1.23 Shall document any supply use daily by use of inventory check list.

5.1.24 Shall conduct walkthrough during each shift to check vacant units and fill out vacant unit log.

5.1.25 Shall assist CTRS staff with distribution of Veteran appointment reminders.

5.1.26 Shall track and maintain discharged Veteran personal belongings inventory log.

5.1.27 Shall attend and participate in VA lead meetings, trainings, case conferencing, etc.

5.1.28 Shall be a liaison for Veterans fielding complaints, concerns and issues and provide these concerns to the COR, CTRS Program Manager.

5.1.29 Shall set up/breakdown shelters and/or bag up belongings from Veterans who are discharged from CTRS.

5.1.30 Shall Replenish and distribute linen, restock toiletries; ensure Veterans are properly disposing soiled towels and linens.

5.1.31 Shall conduct routine (at least every 30 min) walk-through of CTRS site to ensure safety of Veterans.

5.1.32 Shall assist with facilitating life skills activities and community engagement events for Veterans residing in CTRS site.

5.1.33 Shall assemble, distribute, and track hygiene kits and welcome bags.

5.1.34 Shall stock available units with welcome bag and hygiene kit.

5.1.35 Shall be highly collaborative within a team environment.

5.1.36 Shall assign and perform special projects as requested.

5.2 LEAD MONITOR DUTIES – In addition to the above, lead monitors shall also perform the following:

5.2.1 Shall arrange, coordinate, supervise, mentor, and oversee the Monitor’s efforts to provide monitoring of the CTRS premises, facilities and safety for Veterans, visitors, and employees.

5.2.2 Shall troubleshoot and investigate onsite fire alarm control panel.

5.2.3 Shall ensure monitors are aware and knowledgeable of all CTRS rules, policies, procedures and training guide.

5.2.4 Shall provide site orientation and safety training to monitor staff.

5.2.5 Shall facilitate and coordinate with VA departments (Community Engagement &

Reintegration Services (CERS), Environmental Maintenance Services (EMS), Safety, Strategic Facility & Master Planning (SFMP), Veterans Affairs Police Department (VAPD), etc.) on confiscated prohibited and/or contraband items.

5.2.6 Shall complete written reports and incident logs of daily activities using VA provided resources and technology (SharePoint, VA email, Red Cap, etc).

5.2.7 Shall attend and participate in daily CTRS huddles and weekly care/case conferencing meetings.

5.2.8 Shall familiarize self and staff with CTRS Drop-in policy, procedure and after hour

Veteran drop-in admissions.

5.2.9 Shall assist CTRS staff with after-hours drop-in unit placements (8pm-8am).

5.2.10 Shall ensure that any Veteran admitted to the drop-in unit after 8pm receives a meal or snack upon entry. The Contractor shall document all veterans admitted after hours, including the time of entry and shall also document the number of veterans who were turned away.

5.2.11 Shall remove, store and dispose of Veteran personal belongings abandoned in the drop in overnight or left in the parking lot by 9:00am the day after Veterans admissions to CTRS drop in.

5.2.12 Shall schedule, facilitate, and supervise CTRS Veteran meetings to discuss community issues.

5.2.13 Shall plan and conduct routine unannounced and announced health, welfare and safety checks of each shelter, restroom/shower trailer and Veteran using both monitoring and CTRS staff.

5.2.14 Shall coordinate and conduct with the assistance of monitors, onsite security, and cleaning crew biweekly shelter inspections.

5.2.15 Shall provide a written report within 24 hours of each tiny shelter inspection.

5.2.15.1 The report will detail the overall condition of the interior and exterior of the tiny shelter unit.

5.2.15.2 shall verify the presence and functionality of the smoke detectors and fire extinguishers in the unit.

5.2.15.3 shall inspect the operability of the lights, heater, and air conditioner.

5.2.15.4 A checklist will be supplied by the COR.

5.2.16 Shall provide written after-action report with recommendations for improvement within

48 hours of inspection.

5.2.17 Shall work with monitors, onsite security and VAPD (if necessary) to remove any prohibited or contraband related items.

5.2.18 Shall maintain the following logs: Veteran meal preference, supply inventory, Veteran animal, vacant unit, Veteran vehicle, bike, e-bike, scooter, maintenance, and Veteran personal belongings.

5.2.19 Shall provide a daily action report, Daily Action Report (DAR), at the end of each shift summarizing activities and noting any concerns or needs to the COR.

5.2.20 Shall report maintenance needs in real time/same day via email to the COR.

5.2.21 Shall assist in creating and/or writing new CTRS programmatic procedures, policies and/or SOP’s. As well as updating any old policy, procedures, or SOP’s.

5.2.22 Shall identify potential unsafe systems/processes/situations and take initiatives to report to

CTRS supervisor/program Managers or designee.

5.2.23 Shall oversee unit turnover process after Veteran discharge and assist CTRS staff with bed assignments.

5.2.24 Shall be highly collaborative within a team environment.

5.2.25 Shall assist CTRS staff with a Veteran during intake admission process for entry into the

CTRS program.

5.2.26 Shall assist Veteran with placing applicable personal belongings in bug zapper.

5.2.27 Shall obtain any all-Veteran vehicle, bike, scooter and e-bike registration information. Shall inform Veteran of designated bike and e-bike storage area.

5.2.28 Shall manage and monitor the sign in/sign out logbook for Veterans arriving and leaving the CTRS site, Shall work with onsite security to obtain list.

5.3 PROGRAM MANAGER:

5.3.1 Shall have a bachelor’s degree in social sciences or closely related field.

5.3.2 Shall have Three (3) years of housing and homelessness program related experience.

5.3.3 Shall have a minimum of One (1) year experience with supervising and leading teams.

5.3.4 Shall possess strong analysis abilities, creative thinking and ability to problem solve on an organization-wide basis.

5.3.5 Shall demonstrate effective staff supervision.

5.3.6 Shall have strong written and verbal communication skills, including customer service focus in working with all internal organizational levels and external contacts.

5.3.7 Shall adhere to contract compliance.

5.3.8 Shall have the ability to work flexible hours that include evenings, weekends and holidays.

5.3.9 Shall maintains database for ordering supplies, inventory and coordinates with VA departments when inventory is low.

5.3.10 Shall assist with client issue as needed (conflicts and complaint resolution) using de-escalation and mediation techniques.

5.3.11 Shall train, monitors, and support staff on various VA environmental and facility functions/regulations.

5.3.12 Shall handle inventory and work with other service managers and administrative assistants on work orders, repairs, and audits.

5.3.13 Shall create, follow up and monitor facility and incident reports, inspections, and procedures. Shall submit After Action Reports as needed to the COR.

5.3.14 Shall establish and maintain positive, productive working relationships with community partners and community stakeholders including CTRS staff, VA staff, VA contracted staff, VAPD, and local law enforcement.

5.3.15 Shall attend staff meetings, case conferences, and training workshops and community meetings.

5.3.16 Shall assign and perform special projects as requested.

5.3.17 Shall ensure integration of evidence-based practices into daily work and programming.

5.3.18 Shall analyze program reports and numbers to identify trends and make projections or recommendations for program modification.

5.3.19 Shall identify staff development needs and activities.

5.3.20 Shall provide oversight of operational components including accurate, up-to-date data collection, quality assurance and contract management adhering to guidelines set for in the Scope of Required Services and standards.

5.3.21 Shall manage timely progress of program goals, objectives, and performance targets, making necessary adjustments in a timely manner to improve outcomes.

5.3.22 Shall assist with client issues as needed (conflicts and complaint resolution) using de-escalation and mediation techniques.

5.3.23 Shall provide direction, training, and training to CTRS monitoring staff.

5.3.24 Shall maintain accurate and complete staff timesheets, daily activity logs, participant records and other reports as directed.

5.3.25 Shall review shift reports to monitor staff performance and compliance.

5.3.26 Shall attend staff meetings, case conferences, training workshops and community meetings as needed.

5.3.27 Shall review and follow up on all incident reports.

5.3.28 Shall step in to fill another’s role if needed due to absence.

5.3.29 Shall collaborate with security guards to ensure safety of participants, staff, volunteers, and visitors on the property.

5.3.30 Shall establish and maintain positive, productive working relationships with community partners and community stakeholders including mental health programs, shelter programs, local law enforcement and providers of services.

5.4 MONITOR QUALIFICATIONS – All monitors, and lead monitors shall possess the following:

5.4.1 Shall Possess a High School Diploma or GED.

5.4.2 Shall have current and valid Automated External Defibrillator (AED), Cardiopulmonary

Resuscitation (CPR), First Aid and Narcan certification.

5.4.3 Shall Have current and valid California Food Handler Card

5.4.4 Shall have at least one year of experience working with people experiencing homelessness.

5.4.5 Shall possess proficiency in basic computer, fax, and telephone operation and be proficient in Microsoft Office Suite

5.4.6 Shall have experience working with a diverse population, including those experiencing homelessness, who may have substance use disorders.

5.4.7 Shall possess sensitivity to differences in culture, religion, sexual orientation, race, age, and physical and mental illness.

5.4.8 Shall have the ability to walk, stand, bend, squat, climb, kneel, and twist on an intermittent or sometimes frequent basis.

5.4.9 Shall be able to work in proximity with service animals and emotional support animals.

5.4.10 Shall have the ability to lift up to 25 lbs.

5.4.11 Shall have a basic knowledge of Housing First, Harm Reduction, and Trauma Informed Principles is preferred.

6. INCIDENT REPORTING:

6.1 Contractor shall report incidents that include death; fire; police raid; suicide/suicide attempt;

911 call (police/ fire dept./paramedics); drug overdose; severe medical illness or emergency;

severe psychiatric illness or emergency; sexual assault; act of violence by Veteran against other(s); abusive behavior by Veteran against staff; act of violence by other(s) against Veteran; abusive behavior by staff against Veteran; accident; medication problems or adverse drug reactions; or other untoward events. Contractor will follow the CERS Incident Reporting Policy provided by the COR.

6.1.1 In the event of a Veteran death while on the premises, the lead monitor shall immediately notify the COR and VA police. Monitors shall coordinate with the VA police, COR, or designee to collect, inventory, and safeguard the deceased Veterans’ belongings.

6.2 The Lead Monitor or designee shall promptly notify the COR of any negative incident involving a veteran residing at the CTRS site, or any incident involving contractor staff or other individuals at the CTRS site.

6.2.1 Notifications hall occur immediately, but no later than one hour after the incident becomes known to contractor staff.

6.2.2 The Lead Monitor or designee shall promptly notify the COR of any negative incident involving a veteran residing at the CTRS site, or any incident involving contractor staff or other individuals at the CTRS site.

6.2.3 Notifications hall occur immediately, but no later than one hour after the incident becomes known to contractor staff.

6.2.4 The Lead Monitor shall complete and submit a written incident report to the COR within 24 hours of the initial notification.

7. CONTRACTOR STAFF CODE OF CONDUCT:

7.1 The Government has the right to require replacement of any Contractor or subcontractor staff if the employee is determined not to possess the experience or ability required under the contract, or if said employee is for any other reason found to be unsuitable to perform the work required by the contract. The replacement staff shall meet the same requirements for the position as outlined in this contract. Any substitution of personnel will occur without any increase to the contract price and without delay in the performance or delivery of services to the Government.

7.2 Complaints concerning contractor’s staff’s conduct with Government employees or

Veterans will be addressed by the Contractor and the COR. The Contracting Officer is the final authority on validating complaints. In the event that Contractor personnel are involved and named in a validated complaint, the Government reserves the right to have the individual removed from the contract. The final arbiter on questions of acceptability is the Contracting Office.

7.3 Contractor shall ensure that all staff performing under this contract comply with the VAGLAHS alcohol and drug-free workplace policy. The Contractor shall implement a drug testing program to ensure staff performing work under this contract are not using illegal drugs. The drug testing program shall provide for random drug testing performed by the contractor. The program shall also require drug testing when there is a reasonable suspicion that a staff member has used or is impaired by illegal drugs while on duty.

Reasonable suspicion of drug use or impairment includes the following:

7.4 Observable phenomena, such as direct observation of drug use, possession, or the physical symptoms of being under the influence of a drug.

7.5 A pattern of abnormal conduct or erratic behavior.

7.6 Arrest or conviction for a drug-related offense or the identification of a staff member as the focus of a criminal investigation into illegal drug possession, use or trafficking.

7.7 Information provided either by reliable and credible sources or independently corroborated.

7.8 Newly discovered evidence that the contract personnel has tampered with a previous drug test.

7.9 Contractor will uphold all Veteran Health Administration and VAGLAHS rules, regulations and polices.

7.10 Before beginning work under the contract, and on the anniversary of contract award each year, the contractor shall certify that its employees have received all recommended vaccines and immunizations recommended by the Centers for Disease Control for Healthcare Workers found at https://www.cdc.gov/vaccines/adults/rec-vac/hcw.html.

8. CONTRACT MONITORING: The COR will monitor the Contractor's performance. Performance deficiencies or poor performance identified during the term of the contract will be reported to the Contractor. If determined appropriate, the Contracting Officer, COR and/or other VA staff members shall meet with representatives of the Contractor to review performance and resolve issues.

9. INVOICING & PAYMENT: The Contractor shall submit in arrears a properly completed itemized invoice in accordance with FAR clauses 52.212-4(g) Contract Terms and Conditions – Commercial Items via OB10 www.ob10.gov.

https://www.cdc.gov/vaccines/adults/rec-vac/hcw.html http://www.ob10.gov/

9.1. Invoices submitted for payment shall be reviewed for accuracy and shall be subject to approval by the Government prior to issuance of payment.

9.2. The invoice SHALL be itemized to include the following information:

9.2.1 Facility name and address where service was provided.

9.2.2 Contract number.

9.2.3 Purchase order number.

9.2.4 Date of Services.

9.2.5 Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

10. CHANGES: Only those services specified herein are authorized. Changes to the contract are not authorized unless a bi-lateral modification is issued by the Contracting Officer.

11. SECURITY BACKGROUND CHECKS: Contractor is responsible for ensuring that their personnel complete and clear a national criminal history check (NCHC) prior to performing on this contract.

Contractor shall provide proof of clearance of the NCHC to the COR.

12. BADGES: Contractor personnel shall wear identification (I.D.) badges above the waist at all times while on the VA grounds. Contractor shall coordinate with the COR to obtain the VA provided I.D.

badges for identified staff. All VA provided I.D. badges shall be returned at the end of the contract, upon completion of service or termination of staff employment. Failure to wear ID badges may result in removal from any of the VA facilities and/or otherwise referred to Government property. Failure to return VA badge will result in badge being reported as stolen.

13. PARKING: Contractor staff shall only parking in designated parking areas. Parking information is available from the VAGLAHS police. The VA shall not be held liable, nor reimburse the Contractor for any parking violation incurred during contract performance.

14. NATIONAL HOLIDAYS:

New Year’s Day January 01

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 04

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

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

15. COR/ SUPERVISOR CONTACT INFORMATION:

Name:

Section:

Address:

Phone Number:

Fax Number:

36C26225R0075

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 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…

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