S02 - SOLICITATION COMPLETE.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. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 51

671-20-4-5539-0147

36C25720Q0778 07-15-2020

Michael Simington 210-694-6241 07-31-2020

11:59PM CST

Department of Veterans Affairs

VISN17 Network Contracting Activity

7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229

X 100

X

561720

$19.5 Million

N/A

X

South Texas Veterans Health Care System

Audie L. Murphy VA Hospital

7400 Merton Minter Blvd.--Brian McDonald

Environmental Management

San Antonio TX 78229-4401

VISN17 Network Contracting Activity

7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229

This is accomplished through the

Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp

This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

See Schedule

Per FAR 52.204-7(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation.

Important Dates:

Site Visit: Thursday, July 23, 2020 at 10:00AM CST

South Texas Veterans HCS at 7400 Merton Minter Blvd.

San Antonio, TX 78229 in Front Lobby

POC: Brian McDonald 210 617-5142

All questions regarding this solicitation must be submitted by July 27, 2020 @11:59PM CST

Required for site-visit entry:

- Face Mask and Temperature Check

See CONTINUATION Page

X X

X 1

Sandra M. Norton

Contracting Officer

36C25720Q0778

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.1 STATEMENT OF WORK (SOW)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.3 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2020)

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 INSTRUCTIONS TO OFFERORS

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.3 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (MAR 2020)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257

VISN17 Network Contracting Activity

7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229

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: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment

Requests.

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

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

AMENDMENT NO DATE

B.1 STATEMENT OF WORK (SOW)

STATEMENT OF WORK

FOR

SOUTH TEXAS ODOR CONTROL SERVICES

1.INTRODUCTION/BACKGROUND.

1.1. The South Texas Veterans Health Care System (STVHCS) has a requirement for odor control services at several locations within the San Antonio area. The Contractor shall have knowledge of and ability to perform these services in a medical setting. All labor, supplies, and equipment shall be furnished by the contractor during contract performance.

1.2. This is a Performance-based work statement (PWS). The requirements are stated in terms of desired results with associated quality standards. And sanitary standards preventing transmission of disease and odor free to ensure that the VA healthcare system remains a facility of choice (clean and welcoming environment).

2. OBJECTIVE.

2.1. The contractor shall provide the South Texas Veterans Healthcare System (STVHCS) with odor control services for the below listed locations:

Audie L. Murphy Medical Center, 7400 Merton Minter Blvd, San Antonio, Texas 78229

Frank Tejeda Outpatient Clinic, 5788 Eckert Rd, San Antonio, Texas 78240

Villa Serena Dormitory, 4455 Horizon Hill Blvd, San Antonio, Texas 78229

Poly-Trauma Rehab Program Facility, 4949 Gus Eckert Rd, San Antonio, Texas 78240

Kerrville Medical Center, 3600 Memorial Blvd, Kerrville, Texas 78028

3. PERIOD OF PERFORMANCE.

3.1. The performance periods will consist of one (1) base-year plus four (4) optional periods as listed below:

Base Year 1 September 2020 - 31 August 2021

Option Period 1 1 September 2021 - 31 August 2022

Option Period 2 1 September 2022 - 31 August 2023

Option Period 3 1 September 2023 - 31 August 2024

Option Period 4 1 September 2024 - 31 August 2025

3.2 Hours of Operation. The contractor is required to provide odor control services at a minimum of once (1) per month and on-call service as needed. Services are expected to be performed between the hours of 8:00 AM and 4:00 PM CST, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. In the event the scheduled pick-up falls on a holiday the contractor shall provide service the next business day.

3.2. Recognized Holidays. The Contractor shall ensure holidays are reflected in the schedules. The Contractor is not required to provide routine services on the following approved holidays:

- New Year’s Day - 1 January

- Martin Luther King Day - 3rd Monday in January

- Washington’s Birthday - 3rd Monday in February

- Memorial Day - last Monday in May

- Independence Day - 4 October

- Labor Day - 1st Monday in September

- Columbus Day - 2nd Monday in October

- Veteran’s Day - 11 November

- Thanksgiving Day - 4th Thursday in November

- Christmas Day - 25 December

If a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls on Sunday, the following Monday will be observed. If a holiday falls on a scheduled service day, the Contractor will be responsible for rescheduling services for the first day after the holiday observance.

3.3. Monthly service. The contractor is required to provide scheduled monthly service between 1st and 7th calendar days of each month except for weekends and federal holidays.

3.4. On-call service. On-call services may be requested to perform out of service maintenance, battery replacement or product replenishment between required monthly service times. The contractor is required to provide on-call services on an as needed basis. The contractor will provide on-call services within 24-hours of notification by

COR.

4. Phase out – Phase in service. In the event a new service provider is awarded, the Contracting Officer’s Representative (COR), Contracting Officer (CO), incumbent contractor and new contractor will coordinate the phase-out and phase-in of odor control devices. The phase-out and phase-in period shall be accomplished prior of the start of the period of performance, unless otherwise authorized by the CO. Installation of all devices shall proceed in accordance with the accepted phase-out and phase-in schedule. The new contractor will submit the schedule for acceptance to the COR. The COR will coordinate with out-going contractor for any inputs, concerns, or unavailable dates. The CO will intervene as necessary to ensure a smooth transition. No area, room or location will be without odor control devices during the phase out – phase in period.

5. Type of Contract. This is a firm-fixed price contract billed on a monthly basis.

6. MAJOR REQIREMENTS.

6.1. Description of Service. The contractor shall provide the managerial, onsite supervisory, administrative, direct and overhead personnel necessary to perform the work specified in the contract, including the provision of all labor, transportation, equipment, and materials necessary to install, maintain and service contracted odor control devices.

6.1.1. Description of Odor Control Devices. The contractor shall provide odor control devices listed below:

Odor Control Air Freshener - Battery Operated

Toilet Odor Control Drip System

Urinal Odor Control Drip System

Urinal Odor Control Screen

6.1.2. The above listed odor control devices will dispense fragrance continually.

The STVHCS will rent the units from the contractor.

6.1.3. Quantity. The contractor will provide the quantity and type of odor control devices for locations listed in Appendix A.

7. PERSONNEL MANAGEMENT.

7.1. Key Personnel/Supervision. The contractor shall provide sufficient management to ensure this task is performed efficiently, accurately, on time, and in compliance with the requirements of this Performance Work Statement

7.2. Project Manager. The contractor shall provide a Project Manager to serve as primary point of contact for contracted related matters. The Project Manager will coordinate with COR on all contracted issues.

7.3. Availability of Key Personnel. The Project Manager shall be available to meet with the CO/COR on site during agreed upon work hours within (3) three-hour of notification. The contractor shall provide the CO/COR phone numbers for the Project Manager during duty and non-duty hours (to include evenings, holidays, and weekends).

7.4. Discipline. The Contractor shall maintain satisfactory standards of the Contract employee’s competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to the personnel as may be necessary.

The contractor shall ensure personnel do not disturb papers on desks, open desk drawers or cabinets, or use government telephones, except as authorized. The Contractor shall take prompt, appropriate action in all instances of employee misbehavior that may reflect adversely upon the Government. The Contractor shall furnish to the CO or COR, a written report of disciplinary action taken in those instances where an infraction of a Government regulation has been reported and substantiated.

Termination of employees that violate confidentiality (patient and staff), privacy, safety, security, EEO, media/photo (i.e. cannot take photos or voice record), patient abuse and customer service violations. Contractor shall be aware and abide by HIPPA to ensure patients privacy is maintained.

7.5. Communication. All Contractor employees, who must communicate with the COR and all Contract employees must be able to read, write, speak, and understand the English language to ensure the effective administration of this contract and accurate ordering of work.

7.6. Standards of Conduct. While on duty and executing the specifications of this contract, Contractor employees are prohibited from using and/or possessing alcohol, non-prescription drugs, and firearms. Non-compliance with this requirement, confirmed by the COR, shall be grounds for immediate removal of the Contractor employee from the VA and baring the individual from performing further work under this contract. All contractor employees will be required to provide customer service consistent with that of the VA’s mission.

7.7. Uniforms. All employees shall wear Contractor provided standard uniforms, including pants, shirts, skirts, blouses, and/or dresses, which are clearly distinguishable from other VA uniforms currently in use. The uniforms shall be worn as designed by the uniform manufacturer Uniforms shall be neat, clean, and in good repair, and have a badge or monogram with the contractor's name on it. Contract staff shall wear contractor-provided approved uniforms at all time while performing contracted services except when working in areas requiring government-furnished surgical garments.

Sandals or other open-toed shoes shall not be worn.

8. IDENTIFICATION BADGES/PASSES: All Contractor Personnel requiring access to the VA shall obtain employee identification badges and vehicle passes required by the Government. Prior to the start of this contract the Contractor shall submit to the COR the names of all personnel employed in performing this contract and all information required to prepare identification badges for all Contractor personnel. The Government will issue these badges without charge to the Contractor. However, a charge will be required for each replacement badge issued as a result of abuse or loss. Contractor employees shall wear the Government furnished badge on the front of their outer clothing and above the waist except for protective clothing. When an employee leaves the Contractor's employment, the Contractor shall return all identification badges and passes of the employee issued by the Government to the COR or security personnel within five working days after termination of their employment. Due to the time required for the various Agencies involved in the background check for badge issuance to work at a federal facility the Contractor shall provide a pool of potential candidates as soon as practical after contract in order to ensure that after award the Contractor has enough staff available to assume all of the duties contained herein in this Performance Work Statement. The Contractor must ensure to update that pool periodically if the Contractor experiences attrition in order to ensure the Contractor has a sufficient workforce to fully complete all tasks and assignments as outlined in this Performance Work Statement on a consistent basis throughout the life of this contract.

8.1. All personnel shall display identification badges, except for overprotective clothing, which shall include the employee's full name and Contractor's full name.

8.2. The contractor personal shall comply with agency personnel identification verification procedures when the contract personnel is required to have physical access to a federally controlled facility.

8.3. The contractor will comply with the identification badge access process that is currently in place. No contractor will work without having the proper identification badge. If a contract personnel no longer work for the Contractor, the identification badge must be turned in to the COR or Security Personnel within 5 working days of termination of employment. An e-mail communication will be sent to the CO when a contract personnel leaves employment with the Contractor.

9. SAFETY.

9.1. Work Methods. All work performed in delivering the services specified in this contract shall comply with applicable Federal, State, and local safety regulations. The Contractor shall have a working knowledge of the following codes, standards, recommended practices, and manuals.

9.1.2. Public Law 91-596, Occupational Safety and Health (OSHA) Act of 1970 and current amendments

9.1.3. National Fire Codes and Standards pertaining to the health care field developed by the National Fire Protection Association, current listings

9.1.4. National Safety Council Accident Prevention Manuals pertaining to the health care field, current edition

9.1.5. American National Standards Institute standards pertaining to the health care field

9.1.6. VA Disaster Control Plan

9.1.7. Safety Data Sheets (SDS).

9.2. Failure to comply with safety directives. If the Contractor fails or refuses to promptly comply with applicable safety directives, the COR may issue an order stopping all work until satisfactory corrective action has been taken by the Contractor. None of the time lost as a result of such a workshop order shall be made the subject of a claim for extension of time or for excess costs or damages to the Contractor.

9.3. Accident reporting. The Contractor shall report all occupational exposures and all accidents resulting in injury or occupational disease to the COR. All accidents shall be reported as soon as possible after occurrence. The COR may require the Contractor to complete certain forms to document exposures and/or accidents. The Contractor shall complete these forms promptly, at no additional cost to the Government.

9.4. Emergency Treatment. The Government will furnish only emergency first aid treatment to Contractor employees who may suffer on-the-job injuries. All emergencies shall follow hospital code procedures (code blue) and dial 15555. All off-site (Frank Tejeda Outpatient Clinic, Fisher House, North Central Federal Clinic, Villa Serena) emergencies shall dial 911 for medical assistance. The Contractor shall be responsible to ensure that their employees coming to the worksite will receive the information required above. The Contractor shall be responsible to ensure their employees providing work on this contract are fully trained and completely competent to perform the required work.

10. GOVERNMENT FURNISHED PROPERTY AND SERVICES.

10.1. Storage Areas. No government storage areas will be provided for contractor’s use throughout the life of this contract.

10.2 Utilities and Services. The Government will furnish the following utilities and services as may be required to perform work under the contract at no cost to the contractor. Utilities will be provided at existing outlets and will include electrical power, water and sewers.

• All repairs to the facility not due to the Contractor’s negligence.

• Removal of trash and waste from bulk storage containers (e.g. dumpsters).

• Insect and rodent control services.

• Security police and fire protection services, including all applicable telephone numbers.

10.3. Supplies, Materials, and Equipment. No government supplies, materials and equipment will be provided to the contractor throughout the life of this contract.

11. MEETINGS AND REVIEWS. The Contracting Officer may require the Contractor to meet with Government personnel as deemed necessary. The Contractor may request a meeting with the Contracting Officer or COR when Contractor believes such a meeting is necessary. At a minimum, the Contractor Project Manager (or other key personnel), and the Contracting Officer or COR (or other Government key personnel, as deemed necessary) shall meet monthly to discuss the ongoing operation of the agreement. The Contractor shall prepare written minutes of such meetings, which shall be recorded in the agreement file. The Contractor Project Manager and the COR shall sign the minutes indicating their approval or provide in writing their non-concurrence within five (5) calendar days following the receipt of the minutes.

13. TRAVEL REQUIREMENTS. The contractor shall provide transportation to the various off-site clinics at no additional cost to the government

14. CONTRACTING OFFICER’S REPRESENTATIVE (COR).

COR: Mr. Chester Lark Office: (210) 617-5744 Alternate: Mr. Brian McDonald (210) 617-5412

No government personnel, other than the Contracting Officer, have the authority to change or alter these requirements. The COR shall clarify technical points or supply relevant technical information, but no requirements in this scope of work may be altered as a sole result of such verbal clarification.

15. QUALITY CONTROL MONITORING.

15.1. The Government appointed COR will monitor the Contractor’s performance to assure that the performance thresholds and standards of performance are met. in accordance with FAR 52.212-4(a) “Inspection/Acceptance” 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 performance of nonconforming services at no increase in contract price.

15.2. The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance standards describe the minimum acceptable levels of the service required for each task. These thresholds are critical to mission success.

15.3. The Government COR will evaluate the services required by this contract to ensure compliance and quality.

15.4. The Government COR will receive complaints from facility personnel and pass them on to the Contractor’s quality inspector for correction.

15.5. The contractor shall perform all work required by this contract in a satisfactory manner in accordance with the PWS. The COR will not consider the task complete until all deficiencies have been corrected.

15.6. The Government COR will inspect all work tasks required by the task order sheets to ensure contract performance monthly utilizing the attached work inspection sheet.

15.7. The inspection period is monthly. Inspection period will be from the first of the month through the last day of the month. The COR should receive no more than three

(3) complaints. The COR will record results of the inspection, noting the date and time of inspection. If inspection indicates unacceptable performance, the COR will notify the supervisor or quality inspector. The Contractor shall be given twelve (12) hours after notification during shift hours to correct the unacceptable performance. Report period is weekly; however, complaints are by task.

16. SECURITY/NATIONAL AGENCY CHECK REQUIREMENTS: INFORMATION

SECURITY REQUIREMENTS.

16.1. General. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

16.2. Access to VA Information and VA Information Systems.

16.2.1. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

16.2.2. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

16.2.3. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

16.2.4. VA Information Custodial Language

16.2.4.1. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data – General, FAR 52.227-14(d) (1).

16.2.4.2. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

16.2.4.3. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.403.

16.3. SECURITY INCIDENT INVESTIGATION

16.3.1. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

16.3.2. To the extent known by the contractor/subcontractor, the contractor or subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant

16.3.3. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

16.3.4. In instances of theft or break-in or other criminal activity, then contractor/ subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

17. INFORMATION SECURITY AND PRIVACY TRAINING All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems;

17.1. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, VA Handbook 6500.6, Appendix E relating to access to VA information and information systems.

17.2. Successfully complete the Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training;

17.3. Successfully complete the appropriate VA Privacy and HIPAA training and annually complete required privacy training; and

17.4. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role based information security training required in accordance with NIST Special Publication 800- 16, Information Technology Security Training Requirements.

17.5. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

17.6. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

18. SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES: The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

18.1. SECURITY ACCEDITATION PACKAGE: The C&A requirements do not apply, and a Security Accreditation Package is not required.

19. GENERAL SECURITY

19.1 General:

19.1.1. The Contractor shall perform a security background check of all staff prior to submission of their names to the Government for suitability. The Contractor shall comply with all Government security requirements. Upon written request, by the COR, the Contractor shall submit a list of the names and addresses of all employees hired to perform the work specified in this contract.

19.1.2. Consequences of Illegal Activities: Contractor employees who are found in violation of Government security regulations will be immediately removed from the hospital and barred from performing further work under this contract.

19.1.3. Loitering: Contractor employees shall not loiter on STXHCS Contracted areas or grounds when in a non-duty status. After completing assigned work shifts, all Contractor personnel shall promptly depart the station.

19.1.4. Security Checkout Procedures: The Contractor shall ensure that all employees hired to perform the work specified in this contract, clear the appropriate security office upon termination of their employment. Checkout shall include the return of Government issued passes, keys (see paragraph 7.7.1 above).

20. COMPLIANCE WITH HOSPITAL POLICIES AND PROCEDURES: Contractor’s shall adhere to all hospital policies and procedures related to non-smoking except in designated areas and the requirement for using I.D. badges. In addition, the contractor must also adhere to the Information Security, Records Management and Privacy local and national policies prescribed herein:

20.1. Information Systems Officer, Information Protection: The contractor shall not have access to VA desktop computers, nor shall they have access to online resources belonging to the government while conducting services in the application of complex adaptive systems theory to health care organizations. The certification and accreditation requirements do not apply to this procurement nor is a security accreditation package required.

20.1.2. Privacy Officer: The contractor shall have access to Patient Health Information (PHI) and shall have the capability of accessing patient information during the services provided to the VA. All documents accessible to the Contractor shall be de-identified through the destruction of the sensitive information which is the purpose of this contract.

20.1.3. Records Manager: The following standard Items relate to records generated in executing this contract and should be included:

20.1.3.1. Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552);

Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

20.1.3.2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

20.1.3.3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

20.1.3.4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

20.1.3.5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

20.1.3.6. The Government Agency owns the rights to all data/records produced as part of this contract.

20.1.3.7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

20.1.3.8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

20.1.3.9. No disposition of documents shall be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

20.1.3.10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract.

20.1.3.11. The Contractor (and any sub-contractor) is required to abide by

Government and Agency guidance for protecting sensitive and proprietary information.

End of Statement of Work

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Price / Cost Schedule at Attachment Contract Period: Base POP Begin: 09-01-2020 POP End: 08-31-2021

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DELIVERY DATE

SHIP TO: South Texas Veterans HCS Audie L. Murphy 7400 Merton Minter San Antonio, TX 78229

USA

MARK

FOR:

Brian McDonald 210-617-5142 brian.mcdonald3@va.gov

SECTION C - CONTRACT CLAUSES

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

ITEMS

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

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

C.1 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 of contract expiration.

(End of Clause)

C.2 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 of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.3 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the

Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.

5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage—Fringe Benefits

3566 – Custodial Worker (WG1) $9.31

(End of Clause)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[X] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone

Small Business Concerns.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records, or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.6 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

52.204-9

52.204-13

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

JAN 2011

OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS MAR 2020

52.212-4

52.228-5

CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

INSURANCE – WORK ON A GOVERNMENT

INSTALLATION

OCT 2018

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C.

3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15

U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (MAR 2020) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Re-representation (MAR 2020)

(15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned…