Solicitation 36C26322Q0312.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. 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

To be provided on awarded

Task Order(s)

36C26322Q0312 03-07-2022

Angela Stewart 605-336-3230 x7804 03-15-2022 10:00am CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

721110

$35 Million

N/A

X

Sioux Falls VA Health Care System

NETWORK 23 CONTRACTING OFFICE

Financial Services Center via the Tungsten Network reference VAAR 852.232-72

See CONTINUATION Page

Lodging Services at the Sioux Falls VA Health Care System in Sioux Falls, South Dakota

Period of Performance: 06/01/2022 to 05/31/2023 plus four 1-year options to be exercised at the VA's discretion

This solicitation will result in a single award indefinite delivery indefinite quantity contract.

Offerors are responsible for the correct SCA Wage and Determination classification of workers and compliance with all wage and hour laws.

Offerors must have an active SAM.gov registration upon submission of a quote and award.

This procurement is a total SDVOSB set-aside. Offerors must complete and return section C.10 below or the offer will be considered non-responsive and not eligible for award.

See CONTINUATION Page

To be provided on awarded Task Order(s)

X X

Curt LaRose

VHA-RPOC-2021-17

36C26322Q0312

Table of Contents

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 24

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.10 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

1. CONTRACT ADMINISTRATION. All contract administration matters will be handled by the following individuals:

a) Contractor Information Company Name and Address:

Data Universal Numbering System (DUNS) Number:

Contact Person(s) Name:

Contact Person(s) Email:

Contact Person(s) Telephone:

b) Government Information

Angela Stewart Contract Specialist Department of Veterans Affairs Network Contracting Office 23 (NCO 23) 2501 W. 22nd Street Sioux Falls, South Dakota 57105

2. CONTRACT REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management, and VAAR 852.232-72, Electronic Submission of Payment Requests.

3. INVOICES: Invoices shall be submitted in arrears. Submission will be monthly for the previous month of the period of performance and no later than 15 calendar days after the close of the period of performance being invoiced for. Invoices shall be based on the applicable fixed rates for services provided to VA as in accordance with the contract terms and conditions. The VA Contract Officer Representative (COR) will review all invoices submitted. Invoices shall by submitted for only those services received and deemed acceptable by VA.

4. GOVERNMENT INVOICE ADDRESS: All invoices shall be submitted by the contractor via the Tungsten Network (previously OB10) electronic invoicing system. Refer to the Tungsten Network website at http://www.tungsten-network.com/us/en/veterans-affairs-us/ for additional information for system registration, user guides, and help desk contacts.

5. ACKNOWLEDGEMENT OF AMENDMENTS: The offeror acknowledges receipt of Amendments to the Solicitation numbered and dated as follows:

Amendment Date

6. Security Requirements: The Contractor shall comply with all VA privacy and security requirements, including Handbook 6500.6. The VATR shall coordinate with the Contractor to ensure such requirements are met. This requirement is applicable to all subcontractor personnel requiring access.

7. Documenting Performance: The VA may document contract performance. Any report may become a part of the supporting documentation for any contractual action and preparing annual past performance using the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov. In the event the CO issues a Contract Deficiency Report (CDR), the Contractor shall acknowledge receipt of the CDR in writing within one (1) business day of receipt and provide a response with a corrective action plan to the CDR within one (1) week of receipt.

http://www.tungsten-network.com/us/en/veterans-affairs-us/ http://www.tungsten-network.com/us/en/veterans-affairs-us/ https://www.cpars.gov/

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

360.00 EA __________________ __________________

Temporary Lodging Services; cost is per room

Contract Period: Base POP Begin: 06-01-2022 POP End: 05-31-2023 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Lodging, Hotel/Motel

Contract Period: Option 1 POP Begin: 06-01-2023 POP End: 05-31-2024 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

Contract Period: Option 2 POP Begin: 06-01-2024 POP End: 05-31-2025 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

Contract Period: Option 3 POP Begin: 06-01-2025 POP End: 05-31-2026 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

Contract Period: Option 4 POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT

Lodging Services Sioux Falls VA Health Care System

I. DESCRIPTION OF SERVICES: The Sioux Falls VA Health Care System (VAHCS) has a need for double occupancy hotel rooms for the lodging of Beneficiaries (as defined below) within eight (8) miles of the VAHCS located at:

Sioux Falls VA Health Care System 2501 West 22nd Street Sioux Falls, SD 57105

II. ORDERING AUTHORITY: Task orders against this Indefinite Delivery Indefinite Quantity (IDIQ) contract shall only be made by warranted Contracting Officers of the Department of Veterans Affairs.

III. DEFINITIONS OR ACRONYMS:

a. Beneficiaries – Individuals identified by the VAHCS as eligible for lodging services under this contract

b. CO – Contracting Officer

c. FAR – Federal Acquisition Regulation

d. VA – Department of Veterans Affairs

e. VAHCS – Sioux Falls VA Health Care System

f. VATR – VA Technical Representative

IV. IDIQ INFORMATION:

a. The VA anticipates awarding one indefinite delivery, indefinite quantity (IDIQ) contract from this solicitation.

b. PERIOD OF PERFORMANCE Base Period: 06/01/2022 to 05/31/2023 Option Period I: 06/01/2023 to 05/31/2024 Option Period II: 06/01/2024 to 05/31/2025 Option Period III: 06/01/2025 to 05/31/2026 Option Period IV: 06/01/2026 to 05/31/2027

c. ESTIMATED QUANTITIES: The VAHCS anticipates requiring approximately the number of rooms listed below per period of performance.

i. Base Period: approximately 360 rooms

ii. Option Period I: approximately 360 rooms

iii. Option Period II: approximately 360 rooms

iv. Option Period III: approximately 360 rooms

v. Option Period IV: approximately 360 rooms

vi. Quantities as listed are an estimated number required per year. Estimated quantities will not commit the government to purchase any or all estimated quantities.

d. The total minimum guaranteed amount for the resulting contract shall be $5,000.00 for the base period of performance.

e. The total contract ceiling amount will be $1,000,000.00 for the lifetime of the contract.

f. The Contractor shall have a minimum of ten (10) rooms available for Beneficiaries every day, including holidays. VAHCS personnel will call the contracted facility by

7:00 PM Central Time to reserve rooms for that night. After 7:00 PM Central Time, the rooms will be available to the VAHCS subject to availability.

V. QUALIFICATIONS:

a. To be eligible for award under this solicitation, the offeror must propose for use a lodging facility that is compliant with the requirements of the Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391)(15 U.S.C. 2201 et. Seq.) and be listed on the U.S. Fire Administration Hotel and Motel National Master List found at https://apps.usfa.fema.gov/hotel//.

b. In addition, the offeror’s facility must be compliant with the requirements of the Americans with Disabilities Act (Public Law 101-336) (42 U.S.C. 12101 et. Seq.).

VI. SERVICES:

a. The lodging facility must be within an eight-mile radius of the VAHCS.

b. The lodging facility must be Americans with Disabilities Act (ADA)-compliant.

c. CONTINGENCY PLAN

i. The Contractor shall provide lodging services for Beneficiaries, at no additional cost, even when the regular lodging facility does not have a vacancy. The Contractor must find a comparable lodging facility within an eight-mile radius of the VAHCS for Beneficiaries. The comparable facility shall invoice the Contractor.

ii. The Contractor shall develop a contingency plan to address possible no vacancies. The plan shall address those instances when the contracted facility does not have a vacancy.

iii. When the regular lodging facility has no vacancies, the Contractor shall notify the COR where Beneficiaries will lodge.

iv. The Contractor shall develop a contingency plan to ensure uninterrupted lodging services for the VAHCS. This plan shall be reviewed annually by the Contractor, CO, COR, and other designated VA personnel.

d. ADA-compliant rooms shall be wheelchair accessible with no physical barriers.

e. Each room shall be on the ground floor or be elevator-serviced. The interior of the room shall not have any steps.

f. All rooms shall comply with the applicable National Fire Protection Association

(NFPA) 101 guidelines.

g. Rooms shall be neat and clean upon check-in. Rooms will be available for check in by 4:00 PM Central Time each day. Concerns addressed by a Beneficiary shall have services rendered within fifteen minutes of notification to the lodging facility staff. For rooms not cleaned and ready within thirty minutes of Beneficiary check-in, alternative accommodations (and transportation, if required) shall be made by the Contractor for the Beneficiary, at no cost to the Beneficiary or additional cost to the VA, at another, same class lodging facility within an eight-mile radius of the VAHCS.

h. Each room shall comply with the following general room requirements:

i. Floor covering: All type of floor coverings shall be clean, free of stains, odor-free, and free of cracks or tears. Shag style carpets used as floor covering shall be ½” or less in length.

ii. All overhead lights shall be controlled by wall switches. All light bulbs shall have either a shade or globe with the exception of decorator type bulbs.

https://apps.usfa.fema.gov/hotel/

iii. All windows shall be able to be secured in a closed position. The windows shall be effectively weather-stripped and the window lights shall be free of cracks and shall fit tightly in the window frame.

iv. All windows shall have window treatments consisting of shades, blinds or drapes. The window treatments shall be substantial enough to prevent viewing into the room from outside of the room. In addition, the window treatments shall be capable of substantially darkening the room during daylight hours.

v. Each room’s exterior door shall be secured with snap lock and dead bolt lock.

In addition, doors shall have an exterior light and peep hole fitted with viewing lens.

vi. Each room’s bathroom shall have the following: combination tub/shower, commode, vanity, mirror above vanity, overhead light, exhaust fan , GFI-protected electrical outlets, solid floor covering, ceramic tile, composition vinyl tile, or solid vinyl sheet.

i. General Furniture Package

i. All furniture shall be in good general condition, shall be clean, free of stains and odors, and have no tears or rips in the fabric coverings. Non-upholstered furniture surfaces shall be free of scratches, broken surfaces, splinters, free of stains, and clean. Each room shall have, at a minimum, one double/queen size bed and be equipped with a television set (including free cable television).

ii. Each bed shall be supplied with freshly cleaned bed linens, free of stains, odors, tears, and in good condition.

j. The contracted facility shall allow Beneficiaries to leave their belongings in the room or have a room available for Beneficiaries to store his/her items until return from his/her appointment.

k. ROOM MAINTENANCE AND HOUSEKEEPING SERVICES

i. Daily room service shall be provided for each room.

ii. Room maintenance shall also be provided upon the Beneficiary’s or VA’s request.

l. Housekeeping services shall be made available on a daily basis to include clean linen changes, bed making, clean towels, vacuuming, dusting, trash removal, general room cleaning, bathroom cleaning, and other services as needed or requested by the Beneficiary.

m. The contracted facility shall have on-site, free parking available for veterans and beneficiaries.

n. The lodging facility shall not have and/or sell any type of alcohol on-site.

VII. CHECK IN/CHECK OUT:

a. Beneficiaries who are authorized to stay at the contracted facility at VAHCS’ expense will be given an authorization document to present to lodging facility personnel at check-in. Only those rooms having a written, VAHCS authorization will be approved for payment.

b. The COR or VA Travel Department staff will notify the Contractor of when specific individuals will be checking out of the hotel/motel. In the event that a Beneficiary refuses to leave the room, the Contractor shall immediately notify the COR. Also, in the event that a Beneficiary checks out of the lodging facility without prior notice from the COR, the Contractor shall immediately notify the COR if the checkout occurs during other than normal business hours.

VIII. FEES:

a. The prices listed under the Price/Cost Schedule shall be the only items billed for under this contract. No hidden or additional charges will be invoiced or paid without the express approval and written consent of COR and the CO. Prices offered shall express full and complete compensation for services rendered.

b. Daily room rates, as quoted in the Price/Cost Schedule, shall include all applicable taxes, fees, and any other no-charge services offered to Beneficiaries.

c. The Contractor shall submit a weekly services log via fax or email to the COR for review and approval.

d. Invoices shall include the price for the rooms, itemized by room number, and dates of occupancy.

IX. TRANSPORTATION SERVICES:

a. The Contractor shall provide on-call transportation services for Beneficiaries to and from the VAHCS at no additional charge to VA or the veteran/beneficiary.

b. The transportation service shall be available from 6:00 AM Central Time to 11:00 PM

Central Time seven days per week to include all federal holidays.

c. The contractor shall respond within thirty minutes after being contacted by either the

Beneficiary or VAHCS personnel to provide the transportation services.

d. The Contractor shall maintain, during the term of the contract, vehicular liability insurance for any vehicle it uses to transport Beneficiaries, and general public liability insurance in an amount as required by the State of South Dakota. The contractor shall provide evidence of insurance coverage prior to award of the contract, annually thereafter, and upon request.

X. PATIENT EMERGENCIES: In the event a Beneficiary is in an emergency situation of any kind, the Contractor shall contact the 911 emergency medical services to respond to the emergency. Once the emergency has ended, the Contractor shall notify the COR of the situation.

XI. GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS

a. The Contractor shall supply all utilities including heat, air conditioning, electricity, water and sewer, local telephone service, and basic television cable service.

b. ROOM REQUIREMENTS

i. The rooms will be designed for temporary lodging and be furnished with a microwave and refrigerator.

ii. The rooms shall be fully furnished and shall include contractor-provided utilities, a clock radio, and local phone access with no deposits required. The rooms shall comply with all city, county, and state building codes and ordinances applicable to the ownership and operation of the building in which the rooms are located.

c. The lodging facility shall not have asbestos-containing fireproofing or insulation on building structures, acoustical treatment, molded or wet-applied ceiling or wall finishes/decorations.

d. Heating and Cooling Requirements

i. Each room shall have permanently installed, functioning cooling and heating system with thermostatic control. The heating system is required to maintain a temperature of 80 degrees Fahrenheit. The air conditioning system is required to maintain a temperature of 65 degrees Fahrenheit.

ii. All cooling and heating devices and appliances, including but not limited to furnaces, fireplaces, electrical baseboard heaters and water heaters, shall be an approved type in good and safe working order and shall meet all installation and safety codes.

iii. The Contractor shall maintain all appliances and utility systems in accordance with manufacturer recommendations, to include the cleaning or replacement of air filters.

e. Electrical and Lighting Requirement

i. Every room shall be provided with not less than two electric receptacle outlets and two electric light fixtures.

ii. Every toilet room, bathroom, laundry room, furnace room, public hallway, porch and flight of stairs between stories shall contain at least one supplied electric light fixture. Where an interior stairway or public hallway changes in direction, more than one supplied electric light fixture is required.

iii. All electrical equipment, wiring and appliances shall be of an approved type, in good and safe working order and shall meet all installation and safety codes.

f. Sanitation Requirements: All plumbing fixtures shall be trapped and vented and connected to an approved sanitary sewer. All sanitary facilities, fixtures, equipment, structures and premises shall be of an approved type, in safe and sanitary condition and in good working order and meet all installation and safety codes.

g. Telephone Service Requirements:

i. The contractor shall provide local area, touch-tone, telephone service (no deposit required) for each room with long distance lockout to prevent additional charges to the room. The telephone service may be capable of long distance telephone service when long distance calls are placed using a telephone calling card or other telephone charge method.

ii. The contractor shall provide one telephone in each room.

iii. Telephone service shall be equipped with voice messaging system or front desk message service.

h. Fire Safety:

i. Buildings in which space is offered shall be evaluated in accordance with latest editions of the NFPA 101, LIFE SAFETY CODE and AMERICANS

WITH DISABILITIES ACT (ADA).

ii. Equipment, services, or utilities furnished and activities of other occupants shall be free of safety, health, and fire hazards. When hazards are detected, the Contractor shall promptly correct hazards.

i. Contractor shall provide fire extinguishers and perform maintenance on such fire extinguishers in accordance with NFPA Standard No. 101. As required by code, smoke detectors/alarms shall be installed in each room, office, storage area, hallways and other common areas. Required testing shall be performed, documented and a copy of the inspection report shall be provided to VA upon request.

j. Wheelchair Accessibility: Rooms shall be wheelchair accessible. Common areas such as hallways shall provide for accessible path of travel for wheelchairs.

k. Elevators: If elevators are a part of the room complex, they shall conform to the latest requirements of the American National Standard A171 and A171a Safety Code for Elevators, except for elevator emergency recall and shall be inspected and maintained in accordance with American National Standard A17.1, Inspector’s Manual for Elevators or equivalent local code. The elevators shall also comply with local codes and ordinances. A copy of current inspection report shall be furnished to VA upon request.

l. Inspection: The VA reserves the right, at any time before and after contract award and during the term of the contract, to inspect the rooms and all other areas of the lodging facility.

XII. Records Management Obligations

A. Applicability

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

B. Definitions

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

The term Federal record:

1. includes Department of Veterans Affairs records.

2. does not include personal materials.

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

Department of Veterans Affairs contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

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

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

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

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Department of Veterans Affairs and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of Department of Veterans Affairs or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity.

Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Department of Veterans Affairs. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract vehicle.

The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected.

The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Department of Veterans Affairs control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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

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

8. The Contractor shall not create or maintain any records containing any non-public Department of Veterans Affairs information that are not specifically tied to or authorized by the contract.

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

10. The Department of Veterans Affairs owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which Department of Veterans Affairs shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

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

D. Flowdown of requirements to subcontractors

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

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

XIII. VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

I. Service Contract Labor Standards Requirement: Contractor shall provide hourly wages in accordance with U.S. Department of Labor (USDOL) Wage Determinations and FAR Subpart

22.10 (Service Contract Labor Standards); USDOL Wage Determinations are attached in Section D below.

For guidance on Service Contract Labor Standards and to find the nearest USDOL resource, please refer to https://www.dol.gov/whd/local/index.htm.

II. VETS-4212 Reporting Requirement: Contractor shall complete VETS-4212 reporting in accordance with FAR requirements. Reference:

• FAR 52.222-35, Equal Opportunity for Veterans

• FAR 52.222-37, Employment Reports on Veterans Please refer to https://www.dol.gov/agencies/vets/programs/vets4212 for guidance on completing the required VETS-4212 report.

III. Service Contract Reporting: Service Contract reporting, to be completed by the contractor, is required for service contracts and orders as following are checked off under Section C, FAR 52.212-5 (Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items):

• FAR 52.204-14, Service Contract Reporting Requirement

• FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (as applicable) The contractor is to report their, and their first-tier sub-contractors’, direct labor hours expended and total amount invoiced for the services performed under a specific contract.

The contractor shall report the information via the System for Award Management (SAM) at https://beta.sam.gov. The information is collected through SAM and included in the agency service contract inventory.

Contractors shall log in annually to their SAM profile to complete the service contract inventory reporting requirements. Contractors performing on covered contracts must report their information between October 1 and October 31 each year. Agencies are required to review contractor input and work with them to make revisions, if and as necessary, by November 30 each year.

Further guidance can be provided by Contracting Officer upon Contractor request.

https://www.va.gov/covid19screen/ https://www.va.gov/covid19screen/ https://www.dol.gov/whd/local/index.htm https://www.dol.gov/agencies/vets/programs/vets4212 https://beta.sam.gov/

IV. Post-Award Conference: Upon award of contract, Contractor shall attend a post-award conference via conference call with the Contracting Officer (CO), Contracting Officer Representative (COR), and COR designated representatives from VA facility.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(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…