Solicitation 36C26322Q0613.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

To be provided on awarded

Task Order(s)

36C26322Q0613

Angela Stewart 605-336-3230 x 7804 08-16-2022 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

Nebraska - Western Iowa VA Health Care System 4101 Woolworth Avenue Omaha NE 68105

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

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

See CONTINUATION Page

Lodging Services to support the Nebraska - Western Iowa VA Health Care System Omaha and Grand Island, NE locations Period of Performance: 09/01/2022 to 08/31/2027 This solicitation will result in the award of one firm fixed price five-year indefinite delivery indefinite quantity contract to one or two contractors.

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 at the of quote submission and award.

This procurement is a total small business set-aside.

See CONTINUATION Page

Funding to be provided on awarded Task Order(s)

X X

X one

Angela Stewart

VA-VHA-RPOC-2022-19642

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 STATEMENT OF WORK (SOW)

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

C.7 52.224-3 PRIVACY TRAINING (JAN 2017)

C.8 IT CONTRACT SECURITY

C.9 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)

C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 32

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATIONS

D.2 BUSINESS ASSOCIATE AGREEMENT

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 (MAY 2022) (JUL 2020)

(DEVIATION)

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:

SAM Unique Entity ID Number:

Contact Person(s) Name:

Contact Person(s) Email:

Contact Person(s) Telephone:

b) Government Information

Angela Stewart Contracting Officer 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 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. Government Employee Ownership: The Contractor shall indicate if it is owned or controlled by a Government employee.

□ Yes, the offering firm is owned or controlled by a Government employee.

7. 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.

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

Offerors may provide a quote for one location or both locations.

The indefinite delivery indefinite quantity (IDIQ) contract guaranteed minimum amount for the respective locations are:

$10,000.00 for Omaha; and

$2,500.00 for Grand Island.

The guaranteed minimum amount will be awarded via the initial task order for each location.

Quantities listed are estimates only. Actual quantities on task orders can be less than or greater than estimated quantities listed based on the needs of the Nebraska – Western Iowa VA Health Care System.

Only warranted Contracting Officers from Network Contracting Office (NCO) 23, Department of Veteran Affairs can issue task orders against this IDIQ contract.

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE AMOUNT

746.00 EA __________________ __________________

Lodging Services for the Omaha facility; cost is per room

Contract Period: Base POP Begin: 09-01-2022 POP End: 08-31-2023 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

Transportation/Travel/Relocation - Travel/Lodging/Recruitment:

Lodging, Hotel/Motel

220.00 EA __________________ __________________

Lodging Services for the Grand Island facility; cost is per room

Contract Period: Base POP Begin: 09-01-2022 POP End: 08-31-2023 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

800.00 EA __________________ __________________

Contract Period: Option 1 POP Begin: 09-01-2023 POP End: 08-31-2024 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

250.00 EA __________________ __________________

Contract Period: Option 1 POP Begin: 09-01-2023 POP End: 08-31-2024 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

900.00 EA __________________ __________________

Contract Period: Option 2 POP Begin: 09-01-2024 POP End: 08-31-2025 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

300.00 EA __________________ __________________

Contract Period: Option 2 POP Begin: 09-01-2024 POP End: 08-31-2025 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

Contract Period: Option 3 POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

Contract Period: Option 3 POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

Contract Period: Option 4 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

Contract Period: Option 4 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

GRAND TOTAL __________________

Omaha Location:

Base Total $ Option 1 Total $ Option 2 Total $ Option 3 Total $ Option 4 Total $ Grand Total $

Grand Island Location:

Base Total $ Option 1 Total $ Option 2 Total $ Option 3 Total $ Option 4 Total $ Grand Total $

B.3 STATEMENT OF WORK (SOW)

I. DESCRIPTION OF SERVICES: VA Nebraska-Western Iowa Health Care System

(NWI) has a need for Contractor(s) to provide double occupancy hotel rooms within ten

(10) miles of the locations specified below for lodging of eligible Veteran patients.

a. Locations Covered:

i. NWI Omaha VA Medical Center

4101 Woolworth Avenue Omaha, NE 68105

ii. NWI Grand Island VA Medical Center 2201 North Broadwell Avenue Grand Island, NE 68803

II. ORDERING AUTHORITY: Task orders against this Indefinite Delivery Indefinite Quantity (IDIQ) contract shall only be made by warranted Contracting Officers of Network 23 Contracting Office, Department of Veterans Affairs.

III. DEFINITIONS OR ACRONYMS:

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

b. CO – Contracting Officer

c. FAR – Federal Acquisition Regulation

d. VA – Department of Veterans Affairs

e. VAHCS – Nebraska-Western Iowa VA Health Care System

f. COR – Contracting Officer Representative

IV. PERIOD OF PERFORMANCE: This is an Indefinite Delivery, Indefinite Quantity (IDIQ) contract for up to a five (5) year ordering period, from 09-01-2022 to 08-31-2027.

Award may be made to up to two contractors – one contractor per location. Task orders will be issued against the IDIQ contract for each year of ordering period, if the option periods are exercised:

Ordering Period

Begins Ends

1 09-01-2022 08-31-2023

2 09-01-2023 08-31-2024

3 09-01-2024 08-31-2025

4 09-01-2025 08-31-2026

5 09-01-2026 08-31-2027

V. IDIQ INFORMATION:

a. The VA anticipates awarding a single award indefinite delivery, indefinite quantity (IDIQ) contract(s) from this solicitation to one or two contractors (either one contractor will serve both locations or there will be a separate contractor for each location).

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

Grand Island Omaha

i. Base Period: 220 746

ii. Option Period I: 250 800

iii. Option Period II: 300 900

iv. Option Period III: 300 900

v. Option Period IV: 300 900

c. 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 three (3) rooms in Grand Island and ten

(10) rooms in Omaha available for Beneficiaries every day, including holidays.

The VAHCS will reserve rooms for the night by 7:00pm CT on that given day.

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

VI. 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.).

VII. SCOPE OF WORK:

a. Requirements for Service:

i. ROOM REQUIREMENTS

1. Daily room rates, as priced in the price/cost schedule, shall include all applicable fees, and any other no-charge services offered to guests of the contracted facility.

2. Rooms offered can be single or double occupancy. Each veteran shall have their own room; no two veterans’ will share a room.

Each veteran is allowed one significant other/guest but no other patient.

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

3. Family members of the VA patient, or one non-family caregiver, shall be allowed to stay in the same room with the veteran at the single occupancy rate. Any additional occupants are the responsibility of the veteran and shall not lodge at VA’s expense.

4. The fully furnished lodging rooms shall include Contractor-provided utilities and other specified services. The Contractor shall supply all utilities including heat, air conditioning, electricity, water and sewer, local telephone service (no deposit required), free internet service and basic television cable service.

5. The lodging 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. Rooms shall comply with the applicable National Fire Protection Association (NFPA) 101 and Americans with Disabilities Act (ADA) guidelines.

6. Each room shall be on the ground floor or be ADA compliant elevator-serviced and be wheelchair accessible. Access to rooms shall be from interior hallways that are accessed directly from the front desk/elevator lobby area. There shall be no physical barriers.

7. Rooms shall be smoke-free rooms unless otherwise requested by the Beneficiary. Contractor personnel shall not smoke in the rooms at any time whether or not Beneficiaries are present.

ii. MEALS

1. Contractor shall provide a free breakfast daily for Beneficiaries.

iii. TRANSPORTATION

1. The Contractor shall provide transportation for Beneficiaries to and from the VAHCS location and affiliate locations, as requested. The affiliate locations include but are not limited to:

a. Omaha: University of Nebraska Medical Center and Creighton University Medical Center

b. Grand Island: St. Francis Hospital and Cancer Treatment Center

2. The Contractor shall provide on-call transportation for Beneficiaries from the lodging facility to the VA NWIHCS and its affiliates and from the VA NWIHCS and its affiliates to the hotel/motel. The Contractor shall provide the on-call transportation service from 6:00 AM Central Time to 11:00 PM Central Time seven days per week to include all holidays. The Contractor shall respond within thirty minutes after being contacted by either a Beneficiary or VA official to provide the on-call transportation service.

iv. ROOM RESERVATIONS

1. Services shall be provided by the contractor every day of the week, Sunday through Saturday. The contractor shall use its existing check-in and check-out times. Beneficiaries arriving after 9:00 PM Central Time will be required to call in advance to keep their room reservation. The Contractor need not hold a room reservation beyond 10:00 PM Central Time and VA shall not pay for an un-used room reservation.

2. Site specific process difference:

a. Omaha VA does not call, in advance – sends patient w/ voucher card only.

b. Grand Island VA will inform the contractor of each individual's name and the expected arrival time at the lodging facility.

3. If the lodging facility is not able to provide a room or does not have vacancy, the Contractor shall provide arrangement for comparable accommodations at another lodging facility within a ten-mile radius of the applicable VAHCS location. All lodging facilities utilized under this contract shall bill the Contractor who shall in turn bill the VA for the contracted price.

v. RESERVATIONS

1. The authorized VAHCS personnel who can make reservations are the Eligibility Clerks in Omaha (402-995-4050), and the Administrative Officer of the Day (AOD) in Omaha (402-995- 3250). All authorizations for reservations must be given by personnel listed above.

2. The Contractor shall document or verify the authorized dates and length of stay on hotel voucher cards provided by the VAHCS.

3. Contractor(s) shall submit the voucher cards with their invoices each month.

vi. PATIENT EMERGENCIES

1. 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. The Contractor shall immediately notify the COR of the situation.

vii. ROOM MAINTENANCE

1. Daily room maintenance shall comply with all Federal, state and local laws, executive orders, rules, and regulations applicable to performance under this contract.

2. 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.

viii. GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS

1. Heating and Cooling Requirements

a. 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 (F). The air conditioning system is required to maintain a temperature of 65 degrees F.

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

c. The Contractor shall maintain all appliances and utility systems. This shall include the cleaning or replacement of air filters for both the heating system (providing the heating system is a forced hot air heating system) and for the cooling system.

2. Electrical and Lighting Requirement

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

b. Every toilet room, bathroom, laundry room, furnace room, public hallway, porch, and flight of stairs shall contain at least one supplied electric light fixture.

c. All electrical equipment, wiring, and appliances shall be in good and safe working order and shall meet all installation and safety codes.

3. Sanitation Requirements

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

4. Telephone and Internet Service Requirements

a. The Contractor shall provide local area, touch tone telephone service for each room. The telephone service shall be capable of long-distance telephone service when long distance calls are placed using a telephone calling card or other telephone charge method. Long distance phone charges shall be the responsibility of the Beneficiary. Collection of such fees shall be the responsibility of the Contractor.

b. There shall be a minimum of one telephone in each room.

c. Free wireless internet services shall be provided by the

Contractor for Beneficiaries.

5. Interior Space Requirements

a. Ceilings shall be at least eight feet and no more than eleven feet clear from floor to the lowest obstruction.

Each room shall have acoustical treatment with a flame spread of five or less and smoke development rating of fifty or less (ASTME 84).

b. Floor load shall be a minimum live load capacity of sixty pounds per square foot. Storage areas shall have a minimum live load capacity of one hundred fifty pounds per square foot.

6. Fire Safety

a. The lodging facility shall comply with latest editions of the

National Fire Codes and Uniform Building Code.

b. Equipment, services, and 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.

c. Maintenance of contractor-owned fire extinguishers shall be provided by the contractor in accordance with NFPA Standard No. 101.

d. As required by code, smoke detectors and alarms shall be installed in each room, office, storage area, hallways, and other common areas.

e. Asbestos - No asbestos-containing fireproofing or insulation on building structures, acoustical treatment, molded or wet-applied ceiling or wall finishes/decorations, are permitted.

7. Wheelchair Accessibility

a. All areas and furnishings must comply with Uniform

Federal Accessibility Standards (UFAS).

b. The lodging facility must be compliant with the requirements of the Americans with Disabilities Act (Public Law 101-336) (42 U.S.C. 12101 et. seq.).

c. The lodging facility must be 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 is listed on the U.S. Fire Administration Hotel and Motel National Master List found at http://www.usfa.fema.gov/hotel/search.cfm.

8. Elevators

a. Elevators 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.

9. Miscellaneous

a. No activity to the building and/or grounds that would cause an increase in dust, dirt, or spores to be airborne (i.e., renovation to the building, movement of earth on the grounds) shall take place without the Contractor’s written notification to the COR at least seven calendar days in advance of the event.

VIII. Records Management Obligations http://www.usfa.fema.gov/hotel/search.cfm

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 or order. 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 or order, and require written subcontractor acknowledgment of same.

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

IX. Privacy Training: Upon Award, the Contractor shall complete TMS 20939 (VA Privacy Training for Personnel Without Access to VA Computer Systems or Direct Access to or The Use of VA Sensitive Information).

X. VETS-4212 REPORTING REQUIREMENT: Contractor shall perform VETS-4212 reporting on an annual basis, as required:

• 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.

XI. SERVICE CONTRACT REPORTING: Contractor shall complete Service Contract reporting, as required by:

• FAR 52.204-14, Service Contract Reporting Requirements

• FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts https://www.dol.gov/agencies/vets/programs/vets4212

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 09/01/2022 through 08/31/2027.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

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

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 250,000.00;

(2) Any order for a combination of items in excess of 250,000.00; or

(3) A series of orders from the same ordering office…