SECTION B - CONTINUATION OF SF 1449 BLOCKS - Veterans …



PAGE 1 OF1. REQUISITION NO. 2. CONTRACT NO.3. AWARD/EFFECTIVE DATE4. ORDER NO.5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATEa. NAMEb. TELEPHONE NO. (No Collect Calls)8. OFFER DUE DATE/LOCALTIME9. ISSUED BYCODE10. THIS ACQUISITION IS UNRESTRICTED ORSET ASIDE: % FOR:SMALL BUSINESSHUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAMEDWOSB8(A)NAICS:SIZE STANDARD:11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK ISMARKEDSEE SCHEDULE12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TO CODE16. ADMINISTERED BYCODE17a. CONTRACTOR/OFFERORCODEFACILITY CODE18a. PAYMENT WILL BE MADE BYCODETELEPHONE NO.DUNS:DUNS+4:PHONE:FAX:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDSEE ADDENDUM19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(Use Reverse and/or Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA26. 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. ADDENDAAREARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAAREARE NOT ATTACHED28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFERCOPIES 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 SPECIFIEDSET FORTH HEREIN IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)30c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)31c. DATE SIGNEDAUTHORIZED FOR LOCAL REPRODUCTION(REV. 2/2012)PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.2127. FOR SOLICITATIONINFORMATION CALL:STANDARD FORM 1449OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS62VA262-15-R-055305-28-2015SHARON BRENNER702-791-9000 X1575306-28-20154:00 p.m. est00262Department of Veterans AffairsNetwork Contracting Office 224811 Airport Plaza DriveSuite 600Long Beach CA 90815x623220$15 MillionXN/AN/AXDEPARTMENT OF VETERANS AFFAIRSATTN: SHARON BRENNER6900 N. PECOS ROADBLDG 5 ROOM 1F158LAS VEGAS NV 8908600262Department of Veterans AffairsNetwork Contracting Office 224811 Airport Plaza DriveSuite 600Long Beach CA 90815 Department of Veterans AffairsFinancial Services CenterP.O. Box 149971Austin TX 78714-9971512-460-5645512-460-5429SEE ATTACHED SCHEDULE AND STATEMENT OF WORKFACILITIES ARE TO BE LOCATED WITHIN A 50 MILE RADIUS OFTARZANA, CAPROPOSALS ARE TO BE SUBMITTED TO THE VETERAN AFFAIRSSOUTHERN NEVADA HEALTCAER SYSTEM AS NOTED IN BOX 15.DO NOT FAX PROPOSALS.XxX4CHELSEA BLACKTC "SECTION A" \l 1TC "A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS" \l 2Table of Contents TOC \o &quot;1-4&quot; \f \h \z \u \x SECTION A PAGEREF _Toc420563515 \h 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc420563516 \h 1SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc420563517 \h 4B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc420563518 \h 4B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc420563519 \h 5B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc420563520 \h 5B.4 SCHEDULE OF SERVICES PAGEREF _Toc420563521 \h 6B.5 STATEMENT OF WORK PAGEREF _Toc420563522 \h 8B.6 SPECIAL CONTRACT REQUIREMENTS PAGEREF _Toc420563523 \h 14SECTION C - CONTRACT CLAUSES PAGEREF _Toc420563524 \h 28C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS PAGEREF _Toc420563525 \h 28C.2 52.216-18 ORDERING (OCT 1995) PAGEREF _Toc420563526 \h 28C.3 52.216-19 ORDER LIMITATIONS (OCT 1995) PAGEREF _Toc420563527 \h 28C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995) PAGEREF _Toc420563528 \h 28C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) PAGEREF _Toc420563529 \h 29C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) PAGEREF _Toc420563530 \h 29C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) PAGEREF _Toc420563531 \h 29C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc420563532 \h 29C.9 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) PAGEREF _Toc420563533 \h 29C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc420563534 \h 29C.11 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) PAGEREF _Toc420563535 \h 30C.12 52.237-3 CONTINUITY OF SERVICES (JAN 1991) PAGEREF _Toc420563536 \h 31C.13 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc420563537 \h 31C.14 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) PAGEREF _Toc420563538 \h 32C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc420563539 \h 32C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2015) PAGEREF _Toc420563540 \h 32SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc420563541 \h 37D.1 QUALITY ASSURANCE SURVEILLANCE PLAN PAGEREF _Toc420563542 \h 37D.2 PAST PERFORMANCE QUESTIONAIRE PAGEREF _Toc420563543 \h 42D.3 CONTRACTOR CERTIFICATION IMMIGRATION PAGEREF _Toc420563544 \h 45D.4 APPENDIX A PAGEREF _Toc420563545 \h 46D.5 APPENDIX B PAGEREF _Toc420563546 \h 47SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc420563547 \h 48E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS PAGEREF _Toc420563548 \h 48E.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc420563549 \h 49E.3 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc420563550 \h 49E.4 52.217-5 EVALUATION OF OPTIONS (JUL 1990) PAGEREF _Toc420563551 \h 49E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc420563552 \h 49E.6 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) PAGEREF _Toc420563553 \h 50E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc420563554 \h 50E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc420563555 \h 50E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc420563556 \h 51E.10 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) PAGEREF _Toc420563557 \h 51E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2015) PAGEREF _Toc420563558 \h 53SECTION B - CONTINUATION OF SF 1449 BLOCKSB.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:______________________________________________________________ b. GOVERNMENT: Contracting Officer 00262 CHELSEA BLACKDepartment of Veterans AffairsNetwork Contracting Office 224811 Airport Plaza Drive; Suite 600Long Beach CA 90815 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:[X]52.232-34, Payment by Electronic Funds Transfer—Other Than System For Award Management, or[]52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[] b. Semi-Annually[] c. Other[X] MONTHLY, IN ARREARS 4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests via the VA Invoice Presentment and Payment System: ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:AMENDMENT NODATEB.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation include 852.217-73. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.(End of Clause)B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.(End of Clause)B.4 SCHEDULE OF SERVICESThe daily rate established will be an all-inclusive rate. The Contractor shall be responsible for providing all labor, supervision, housing, and supplies necessary for the performance of the contract. The number of quantities specified is an estimate and is subject to change. Notwithstanding, any variance shall not go below the “yearly guaranteed minimum amount” or exceed the “yearly maximum amount” stated below. Each Contract Year is based on a 12 months calendar year. I. BASE YEAR: 1 JULY 2015 TO 30 JUNE 2016CLINSEstimated Quantities per yearRateTotal estimated costsAnnual combined total per annum0001365 (1 veteran per day x 365 days/year $_______$__________00021,460 (4 veterans per day x 365 days/year)$________$___________$___________________II.OPTION YEAR ONE: 1 JULY 2016 TO 30 JUNE 2017CLINSEstimated Quantities per yearRateTotal estimated costsAnnual combined total per annum1001365 (1 veteran per day x 365 days/year $______$__________10021,460 (4 veterans per day x 365 days/year)$______$___________$___________________III. OPTION YEAR TWO: 1 JULY 2017 TO 30 JUNE 2018CLINSEstimated Quantities per yearRateTotal estimated costsAnnual combined total per annum2001365 (1 veteran per day x 365 days/year $______$__________20021,460 (4 veterans per day x 365 days/year)$______$___________$___________________IV. OPTION YEAR THREE: 1 JULY 2018 TO 30 JUNE 2019CLINSEstimated Quantities per yearRateTotal estimated costsAnnual combined total per annum3001365 (1 veteran per day x 365 days/year $______$__________30021,460 (4 veterans per day x 365 days/year)$______$___________$___________________V. OPTION YEAR FOUR: 1 JULY 2019 TO 30 JUNE 2020CLINSEstimated Quantities per yearRateTotal estimated costsAnnual combined total per annum4001365 (1 veteran per day x 365 days/year $______$__________40021,460 (4 veterans per day x 365 days/year)$______$___________$___________________MINIMUM AND MAXIMUM QUANTITIES ARE FOR EACH (BASE OR OPTION) YEARYearly Minimum Amount:? 1 Day of serviceYearly Maximum Amount: $1,000,000.00BASE PERIOD TOTAL $_______________________OPTION YEAR 1 TOTAL $_______________________OPTION YEAR 2 TOTAL $_______________________OPTION YEAR 3 TOTAL $_______________________OPTION YEAR 4 TOTAL $_______________________TOTAL FOR BASE + ALL OPTION YEARS $_______________________NOTE: Option Period 4 pricing will apply to any extensions pursuant to FAR 52.217-8The option year dates are subject to adjustment based on contract award date.NOTE:? The per diem rate established will be an all-inclusive rate. In the event a Veteran is admitted for emergency inpatient hospitalization, the VA will maintain payment for the Veterans resident’s bed for up to three days, during which time the bed will be held by the Contractor. If it is determined by the VA that the Veteran will not be returning to the placement, the Contractor will be notified and the VA will cease payment for this Veteran resident. The VA COR must be notified at the time of admissions that the veteran was in the residential facility and the COR will advise if it is necessary to hold or release the availability of the bed. Otherwise, the VA will not pay for unoccupied beds.B.5 STATEMENT OF WORK1. Background.The Veterans Affairs (VA) Long Beach Healthcare System (VALBHS), Mental Health Care Group (MHCG), 5901 East Seventh Street, Long Beach, CA 90822, has a requirement to provide Detoxification Treatment and Residential Rehabilitation Services to Veterans suffering from acute intoxication and/or addiction is not manageable in an outpatient setting. The period of performance of the resulting Contract will be for a base year and four (4) one-year option periods. Costs not incorporated into the Contractor’s price will NOT be reimbursed by the Government.General Requirements: Contractor shall provide Detoxification Treatment and Residential Rehabilitation services utilizing a recovery model of care. Therapeutic, Rehabilitative, and Recovery Services determined to be needed by the individual resident in a treatment plan developed by the Contractor with consultation by the Veterans and the VA case manager and/or other appropriate VA staff.Eligibility and DurationVeteran: To be eligible for placement in detoxification and residential treatment, all Veterans will be required to be enrolled in the Long Beach Healthcare System.Length of Stay: The Contractor shall furnish services to the beneficiaries for whom such care is specifically authorized by the Veterans Health Administration (VHA). The length of stay for detoxification and residential rehabilitation will be specified in the treatment plan and shall include VA collaboration. The maximum for lengths of stay are as follows:Detoxification services will be provided up to 10 days. An extension will be considered after 10 days but will require justification in writing to the Contracting Officer’s Representative (COR), subject to the availability of funds.Residential rehabilitation length of stay will not exceed 180 days. An extension will be considered after 180 days but will require justification in writing to the COR, subject to the availability of rmed Consent: The Contractor shall create a one page handout that informs Veterans of what the program offers, the Veterans responsibilities, and other initial information, to include Standards of Conduct.Basic ServicesDetoxification Services: Patients at risk for alcohol withdrawal will be assessed with the Minnesota Detoxification Scale (MINDS) tool (Appendix A). Withdraw therapy or intervention will be consistent with the Alcohol Assessment Protocol (Appendix B).Therapeutic Services: Therapeutic, Rehabilitative, and Recovery Services will be provided as determined by the individual veteran in a treatment plan developed by the Contractor with consultation by the Veteran and the VA case manager and/or other appropriate VA staff. The plan should include interventions to meet client-driven goals, particularly housing. Services which the contractor shall provide include:Medication Management:VA shall prescribe and administer medications necessary to stabilize patient in preparation for transportation to Contractor facility.Contractor shall prescribe and administer all medications, including intravenous fluids, to Veterans during their inpatient stay for detoxification. Prescribing and cost of necessary medication will be the responsibility of the Contractor.Upon Veteran discharge from detoxification and the facility, the Contractor will provide a 30 day supply of prescribed medications. Prescribing and cost of the medications will be the responsibility of the Contractor. Contractor will work with VA to ensure that Veteran has a scheduled Primary Care appointment within two weeks of discharge.Upon transfer from detoxification to residential rehabilitation services the Contractor will provide 30 day supply of prescribed medications. Prescribing and cost of medications will be the responsibility of the Contractor. Contractor will work with VA to ensure that Veteran has a scheduled Primary Care appointment within two weeks of transfer.Group Activities: Structured group activities as appropriate – examples include group therapy, social skills training, Alcoholics Anonymous, Narcotics Anonymous, Harm Reduction Counseling, vocational counseling and physical activities as appropriate. Individual Counseling/Clinical Case Management: The Contractor shall provide access to treatment for co-occurring disorders including mental health and substance abuse disorders. The Contractor shall discuss with Veterans their personal income and expenditures and include savings goals in every treatment plan. The Contractor shall assist Veteran in setting up an account or provide other interventions to help Veteran save a significant portion of their income while in the program. The Contractor shall discuss and assist with Veterans their primary and secondary housing plans, including identifying options and assisting with applications when necessary. Also the Contractor shall provide other individual counseling as appropriate - such as counseling on self- care skills, adaptive coping skills, and vocational rehabilitation. Interventions should be in collaboration with VA program and community resources.VA Coordination: Clinical care should also include coordination and referral to Veterans Affairs inpatient and outpatient treatment for medical issues, addiction, mental health issues/PTSD, unemployment, and homelessness including occasional transfer to other VA residential treatment programs as recommended by VA providers.Living Skills: Patients will be given assistance to develop responsible living patterns and to achieve a more adaptive level of psychosocial functioning, upgraded social skills, and improved personal munity Involvement: The program will promote community involvement that promotes the Veterans continued healthy engagement in the community discharge.Discharge Planning: The clinical case managers will provide assistance with discharge planning. Housing needs will be assessed upon arrival and resources will be coordinated for discharge to a successful community placement. Discharge planning will include assistance in coordinating VA Primary Care appointment within two weeks of discharge.The Contractor shall furnish each Veteran authorized care under this contract with the following:Residential Room and Board: The facility shall provide sleeping accommodations and nutritious meals. Food shall be prepared, served and stored under sanitary conditions. The facility shall provide storage space in an onsite refrigerator for Veterans to store personal food. The facility shall establish and maintain sanitary procedures for washing dishes, cleaning equipment and work areas, and disposing of waste. At least three nutritious meals or their equivalent shall be served daily at regular times with not more than a 14 hour span between evening meal and breakfast of the following day. Snacks of nourishing quality, i.e. fruits, shall be offered between meals or bedtime.Laundry, Showers, Toilets, Secure Space for belongings: Laundry facilities shall be provided for residents to do their own laundry. Contractor will provide necessary laundry supplies. Laundry equipment will be provided at no charge to Veterans. Showers and toilets must be kept clean. A secure space for belongings, examples include dresser or cabinets.Management of Medications: Medications and narcotics shall be properly stored, controlled, issued and recorded in compliance with physicians’ orders.Transportation: Contractor will provide handicapped accessible transportation for Detoxification or Residential Rehabilitation Services to include initial transportation for admission. The driver shall operate the facility’s vehicle in a safe manner; maintain adult cardiopulmonary resuscitation (CPR) certification; and be capable of assisting individuals to board/exit the vehicle. Contractor will provide transportation to all VA appointments. The Contractor will be expected to help the Veteran access public transportation, including providing bus/train fare, information and instructions necessary to enable Veterans to utilize public transportation.Immediate Communication: When an intake or discharge is confirmed, the program will communicate the written information to the appropriate VA staff immediately. Invoices at the end of the month will reflect the same date of intake or discharge as previously reported. Sign-in sheets should also reflect the same dates of intake and discharge.Absences: If Veteran leaves the facility, is admitted to hospital or other treatment- related locations and is expected and welcome to return, the program will be paid for up to 72 hours after the Veteran left the program but the program must inform the VA immediately if this occurs. If the program is willing to hold the bed longer than this time, each day after 72 hours will be a non-billable day. On the day the decision is made that the Veteran is not expected back, the veteran can be discharged at that point. If Veteran is absent without leave but the program is willing to hold the bed, VA will pay for up to 72 hours after the veteran left the program.Qualifications/Accreditation/Licensing/StaffAccreditation and licensing.Contractor staff shall maintain active standing with the licensing boards in their respective professions in accordance with the requirements below:PhysicianEducation: Degree of doctor of medicine or an equivalent degree resulting from a course of education in medicine or osteopathic medicine.Licensure and Registration: Must have current, full and unrestricted license to practice medicine in a State, Territory, or Commonwealth of the United States, or in the District of Columbia. Language Proficiency: Physicians appointed to direct patient-care positions must be proficient in spoken and written English as required by Title 38 U.S.C. 7402 and 7405(f).PsychologistEducation - Have a doctoral degree in psychology from a graduate program in psychology accredited by the American Psychological Association (APA).Licensure: Hold a full, current, and unrestricted license to practice psychology at the doctoral level in a State, Territory, Commonwealth of the United States (e.g., Puerto Rico), or the District of Columbia.Nurse Practitioner (NP)Education: Degree or diploma from a professional nursing program approved by the legally designated State accrediting agency at the time the program was completed by the applicant.Licensure: Must have active, current license as a professional nurse in a State, District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States.Registered Nurse (RN)Education: Degree or diploma from a professional nursing program approved by the legally designated State accrediting agency at the time the program was completed by the applicant.Licensure: Must have active, current license as a professional nurse in a State, District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States.Licensed Vocational Nurse (LVN)Licensed in the State of California as a Licensed Vocational NursePsychiatry TechnicianLicensed in the State of California as a Psychiatric TechnicianNursing Assistant (NA)Successful completion of a 2-year degree program in an accredited community college, junior college, or college or university in practical nursing or in a field of study appropriate to the specialization of the position, such as education in a program for a psychology, psychiatric, or operating room technician.Clinical Mental Health CounselorEducation: Master’s degree in counseling or a closely related mental health discipline.Licensure: A full and current license from a state professional counselor licensure board.Staffing: Contractor shall provide sufficient staff in number and position and with the qualifications necessary to carry out the policies, responsibilities and programs of the facility. Staffing levels will consist of the following:DetoxificationMedical Doctors(s) (MD): on site as needed for management of psychiatric and/medical needs. MD(s) available on call 24 hr.Psychologist: available as needed.Supervisory NP/RN: On call 24 hr.NP/RN: At least one on all shiftsLVN: At least one on all shiftsLicensed or Certified Counselor: One clinician per 10 clientsPsychiatry Aids/Techs: At least one on all shiftsClerical Support: At least one during day shiftResidential Rehabilitation:MD(s): on site as needed for management of psychiatric and/medical needs. MD(s) available on call 24 hr.Supervisory NP/RN: On call 24 hr.Psychologist: available as needed.NP/RN/LPN: On call 24/7. Nursing availability on site whenever needed to meet professional nursing requirementsLicensed or Certified Counselor: One clinician per 12 clientsPsychiatry Aids/Techs: One on all shiftsFacility Requirements. It is the responsibility of the Contractor to properly maintain its facilities and the VA shall have no responsibility for paying or reimbursing the Contractor for such expenses. The contract facility must:Have a current occupancy permit issued by the local and state governments in the jurisdiction where the facility is located.Be in compliance with existing standards of State safety codes and local, and/or State health and sanitation codes.Be licensed under State or local authority.Where applicable, be accredited by the State.Be equipped with operational air conditioning /heating systems.Be kept clean, free of bed bugs, dirt, grime, mold, or other hazardous substances that detract from a healthy environment.Be equipped with first aid equipment and an evacuation plan in case of emergency.Have windows and doors that can be opened and closed in accordance with manufacturer standards.The Contractor facility must meet fire safety requirements, as follows:The building must meet the requirements of the applicable residential occupancy chapters of the current version of NFPA 101, National Fire Protection Association's Life Safety Code. Any equivalencies or variances must be approved by the appropriate Veterans Health Administration Veterans Integrated Service Network (VISN) Director.All residents in the facility must be mentally and physically capable of leaving the building, unaided, in the event of an emergency.Fire exit drills must be held at least quarterly. Residents must be instructed in evacuation procedures when the primary and/or secondary exits are blocked. A written fire plan for evacuation in the event of fire shall be developed and reviewed annually. The plan shall outline the duties, responsibilities and actions to be taken by the staff and residents in the event of a fire emergency. This plan shall be implemented during fire exit drills.A written policy regarding tobacco smoking in the facility shall be established and enforced.Portable fire extinguishers shall be installed at the facility. Use NFPA 10, Portable Fire Extinguishers, as guidance in selection and location requirements of extinguishers.Requirements for fire protection equipment and systems shall be in accordance with NFPA 101. All fire protection systems and equipment, such as the fire alarm system, smoke detectors, and portable extinguishers, shall be inspected, tested and maintained in accordance with the applicable NFPA fire codes and the results documented.Inspection of Facility and ProgramPrior to the award of a contract, a multidisciplinary VA team consisting of a Social Worker, Dietitian, Registered Nurse, a Representative of the VA Police, and a Facilities Management Safety Officer, plus other subject matter experts, as determined necessary by the Medical Center Director or SATP nurse manager, shall conduct a survey of the Contractor’s facilities to be used to provide Veterans’ food, shelter, and therapeutic services. This is to assure the facility provides quality care in a safe environment. Inspections may also be carried out at such other times as deemed necessary by the Department of Veterans Affairs.The Contractor will be advised of the findings of the inspection team. If deficiencies are noted during any inspection, the Contractor will be given a reasonable time to take corrective action and to notify the Contracting Officer that the corrections have been made. A contract will not be awarded until noted deficiencies have been eliminated. Failure by the Contractor to take corrective action within a reasonable time will be reported to the VA Contracting Officer. If corrections are not made to the satisfaction of the VA, the Contracting Officer will consult with the appropriate officials so that suitable arrangements can be made to discontinue plans to award a contract, or to discharge or transfer patients and to terminate the existing contract, as appropriate.The inspection of the Contractor facilities will include inspection for conformity to the current Life Safety Code as described in paragraph 6, and will also include the following:General observation of residents to determine if they maintain an acceptable level of personal hygiene and grooming.Assessment of whether the facility meets applicable fire, safety and sanitation standards.Determining whether the facility’s surroundings are suitable and conducive to social interaction and to the fullest development of the resident's rehabilitative potential.Observation of facility operations to see if appropriate organized activity programs are available during waking hours (including evenings) and degree to which a high level of activity is observed in the facility, such as individual professional counseling, physical activities, assistance with health and personal hygiene.Seeking evidence of facility-community interaction, demonstrated by the nature of scheduled activities or by information about resident flow out of the facility, e.g., community activities, volunteers, local consumer services, etc.Observation of staff behavior and interaction with residents to determine if they convey an attitude of genuine concern and caring.Inspecting the types of meals and other nutrition provided to residents to see if appetizing, nutritionally adequate meals are provided in a setting which encourages social interaction; and if nutritious snacks between meals and bedtime are available for those requiring or desiring additional food, when it is not medically contraindicated.Making a spot check of Veterans’ records to ensure accuracy with respect to Veterans’ length of stay and services provided to the Veterans.All Department of Veterans Affairs reports of inspection of residential facilities furnishing treatment and rehabilitation services to eligible veterans shall, to the extent possible, be made available to all government agencies charged with the responsibility of licensing or otherwise regulating or inspecting such institutions.Ordering Activities and OfficesThe VA shall designate a Contracting Officer Representative (COR) to monitor the contract performance and assist in contract administration. A delegation of authority letter delineating the responsibilities and limitations of the COR shall be provided to the Contractor. Any commitments of changes, which affect the price, quantity, authority to amend or render a decision on questions of the fact in dispute, and related contract administration problems, are duties of the Contracting Officer and cannot be delegated to the COR.The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or the COR acting within the limits of his/her authority. Only those services specified herein are authorized. Before performing any service of a non-contract nature, the Contractor shall advise the Contracting Officer of the reasons for additional work. Changes to the contract may be made only in writing by the Contracting Officer.B.6 SPECIAL CONTRACT REQUIREMENTS1. Under the authority of Public Law 104262 and 38 USC 513, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, the services and prices specified in the Section entitled Schedule of Supplies/Services of this solicitation.1.1. Contractor shall provide scheduled services throughout the contract period. Other necessary personnel for the operation of the services contracted for at the VALBHS will be provided by the Contractor at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming. 1.2. Providers must maintain current an active Drug Enforcement Agency (DEA) Basic Life Support (BLS) certifications, and provide copy of BLS certification to COR every two/three years upon renewal.1.3 The services to be performed by the contractor shall be performed in accordance with VA policies, procedures and regulations of the medical staff by laws of the VALBHS facility.1.4. The Government reserves the right to refuse acceptance of Contractor, if personal or professional conduct jeopardizes patient care. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by the Veteran resident, Contracting Officer Representative (COR) or VALBHS staff. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The Contracting Officer and COR shall deal with issues raised concerning contract personnel’s conduct. The final arbiter on questions of acceptability is the Contracting Officer.1.5. The Contracting Officer shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is the final authority on validating complaints. In the event that the Contractor is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.1.6. Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the contract.2. PATIENT SENSITIVITY. Contractor health care providers shall respect and maintain the basic rights of patients, demonstrating concern for personal dignity and human relationships. The Contractor shall comply with the VA Patient’s Bill of Rights as set forth in Section 17.34a, Title 38 of the Code of Federal Regulations.3. EVIDENCE OF INSURANCE COVERAGE. Before commencing work under this contract, the Contractor shall furnish certification to the Contracting Officer that the coverage required (General & Professional Liability as well as Workers Comp) has been obtained and such policy shall state, “This policy may not be changed or cancelled without written notice to the VALBHS Contracting Officer, Network Contracting Office 22, 4811 Airport Plaza Drive, Suite 600, Long Beach, CA 90815. Said policy shall bear an appropriate “loss payable clause’’ to the United States as its interest may appear. Such evidence of insurance will not be waived.4. PERSONNEL POLICY.General: The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following its personnel:Worker’s compensationProfessional liability insurance Health examinationsIncome tax withholdingsSocial Security withholdings5. DRUG SCREENING. The Contractor is responsible for ensuring their employees are not using illegal drugs and shall conduct random drug testing to ensure a drug-free environment. Contractor personnel area also subject to drug testing when there is a reasonable suspicion that they use or are impaired by illegal drugs while on duty. Reasonable suspicion of drug use or impairment includes, but is not limited, to the following:Observable phenomena, such as direct observation of drug use, possession, or the physical symptoms of being under the influence of a drug.A pattern of abnormal conduct or erratic behavior.Arrest or conviction for a drug-related offense or the identification of a Contractor physician as the focus of a criminal investigation into illegal drug possession, use, or rmation provided either by reliable and credible sources or independently corroborated; or newly discovered evidence that the Contractor personnel has tampered with a previous drug test.6. FACILITY HOURS: FACILITY HOURS. The Contractor’s residential treatment facility’s hours of operation will be twenty-four (24) hours per day, seven (7) days per week, and three-hundred-sixty-five (365) days per year. 6.2FEDERAL HOLIDAYS:? The 10 holidays observed by the Federal Government are:New Year’s DayJanuary 01Martin Luther King’s BirthdayThird Monday in JanuaryPresident’s DayThird Monday in FebruaryMemorial DayLast Monday in MayIndependence DayJuly 04Labor DayFirst Monday in SeptemberColumbus DaySecond Monday in OctoberVeterans DayNovember 11Thanksgiving DayFourth Thursday in NovemberChristmas DayDecember 25Any other day deemed a holiday by the President of the United States to be a federal holiday.When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.OVERTIME AND HOLIDAY PAY. Any overtime and/or holiday pay that may be entitled to Contractor personnel shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.Payment for any leave, including sick leave or vacation time is considered the sole responsibility of the Contractor. The Contractor shall comply with all existing local, state, federal and/or union laws, regulations relevant to fringe benefits, and premium pay for their employees. Such personnel shall not be considered VALBHS employees for any purpose and shall be considered employees of the Contractor. There is no employer-employee relationship between the VALBHS and the Contractor or the Contractor’s employee(s).7. BILLING FOR SERVICES: The Contractor is responsible for submitting billing for services in accordance with the Contract Schedule7.1. INVOICE AND PAYMENT.A. Payment is to be made monthly in arrears. Contractor shall submit invoices to the VALBHS’s Electronic Presentment and Payment System at: . Invoices submitted for payment shall be reviewed for accuracy, and shall be subject to approval by the Government prior to remittance of payment. Any discrepancies found shall be brought to the attention of the Contractor and shall be resolved. A corrected invoice shall then be submitted by the Contractor as instructed by the Government.B. The invoice SHALL be itemized to include the following information:Veteran’s Last Name and First Initial.Last four of social security number.Date of entry.Period in supportive housing and days in the program.Total cost billed to the VALBHS.Billing must breakdown the amounts being billed against CLINS from the contractC. Payment for services rendered by the Contractor shall be made monthly upon receipt of a proper invoice. When inadequate invoices are received (those lacking any of the essential items listed above), the vendor will be notified in writing within seven (7) calendar days of receipt of such bills that these bills cannot be processed for payment until a proper invoice is submitted. (Ref: Prompt Payment Act – Public Law 97-177) The itemized invoice shall be verified for certification of the services rendered during the billing period. The VALBHS Contracting Officer’s Representative shall certify the Contractor’s invoice for payment of services rendered.D. PAYMENTS IN FULL/NO BILLING VA BENEFICIARIES. The Contractor shall accept payment for services rendered under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contact. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third party insurance sources (including Medicare) for services rendered to Veteran enrollees under this contract.8. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS: The Contractor shall assign to this contract the following key personnel: During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 5 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor shall provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. CONTRACTOR LIAISON. The Contractor shall designate one (1) employee who shall be responsible for the performance of the work under this contract. The liaison shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The liaison may be one of the personnel performing under this contract. An alternate may be designated, but the Contractor shall identify, in writing, those times when the alternate shall act as the liaison. Contractor Liaison: _________________ Phone: ____________ Fax: ___________9. NATIONAL PROVIDER IDENTIFIER: Provide national provider identifiers for all applicable staff.10. CONTRACTING WITH PARTIES LISTED ON THE HHS/OIG LIST OF EXCLUDED INDIVIDUALS/ENTITIES:10.1. In accordance with The Health Insurance Portability and Accountability Act (HIPAA) and the Balanced Budget Act (BBA) of 1977, the Office of Inspector General has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse the Medicare and Medicaid programs.10.2 Therefore, all offerors shall review the OIG List of Excluded Individuals/Entities on the OIG web site at oig to ensure that the proposed candidate(s) and/or firm(s) are not listed. Offerors should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a minimum and maximum Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person or entity was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against health care providers and entities that employ or enter into contracts with excluded individuals or entities to provide items or services to Federal program beneficiaries.By signing the offer the Contractor certifies that he/she has reviewed the OIG List of Excluded Individuals/Entities and that the proposed candidate(s) and/or firm are not listed as of the date the offer was signed.11. MANAGEMENT AND SUPERVISION: The Contractor shall be responsible for supervising the daily services provided under this contract by the Contractor’s staff.The Contractor shall have written policies and procedures regarding staff credentials. The VALBHS will provide to the Contractor policies, procedures and processes necessary to allow cooperative functioning between the agency and VALBHS. Updates and refreshers will be provided to the Contractor upon request and when policy procedures or process changes.The Contractor shall complete background investigations to ensure that employees do not have a record of criminal offenses or substantiated incidents of patient abuse; and, if required to perform their duties, employees are properly licensed and insured to operate motor vehicles.12. QUALITY ASSURANCE AND PERFORMANCE MONITORING: The Contractor will be held to the same standard as VA personnel through quality assurance and performance monitoring to ensure compliance under the resulting contract. These procedures will include time and attendance logs verification, monitoring of the medical records or other appropriated records, called for under the resulting contract received by the VA. The Quality Assurance and Performance Monitoring will be governed by the appointed COR who will be responsible for verifying compliance with the terms and conditions of the contract. After the contract is awarded, any incidents as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer. In addition, the COR will forward the summary evaluation of the Contractor performance to the Contracting Officer once performance ends.13. TORT CLAIMS:Individual(s) providing the services under the contract are not covered by the Federal Tort Claims Act. When an individual(s) providing the services has been identified as a provider in a tort claim, the individual(s) providing the services is responsible for notifying the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from an individual(s) providing the services action or non-action is the responsibility of the Contractor and/or insurance carrier.14. ADP SECURITY RESPONSIBILITIES:In performance of official duties, the Contractor’s employee(s) have regular access to printed and electronic files containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), and other applicable laws, Federal Regulations, Veterans Affairs statutes and policies. The Contractor’s employee(s) are responsible for (1) protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion and (2) following all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which the Contractor’s employee(s) signs.15. RECORDS AND REPORTS: Contractor personnel may have access to patient records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, notwithstanding any other provisions of the contract, the Contractor is restricted from making disclosures of Veteran records, or information contained in such records, except to the extent that explicit disclosure authority from the COR or other VA staff member has been received. Contractor shall make records available and accessible for inspection by the VA at any time.The Contractor shall provide to the COR a monthly listing of Veterans admitted and discharged including the dates of each. Contractor shall notify the COR within 24 hours of any Veteran resident who is absent without authorization or for any unanticipated discharge. Notification shall be either telephonic or faxed to the COR at 310-268-4050.Upon discharge or death of the patient, medical records on all VA beneficiaries will be retained by the facility for a period of at least three (3) years following termination of care. All Veterans will sign a log maintained by the Contractor to verify placement every time they enter and leave the facility. These records may be requested for review by the COR or other VA staff member at any time. The VA intends to conduct both periodic and unannounced visits to the Contractor’s facilities during which fiscal, facility, and performance reviews of the Contractor may take place. Reporting Deaths. In the event a Veteran resident under the resulting contract dies, the facility shall promptly notify the VA Liaison/COR and immediately assemble, inventory, and safeguard the Veteran resident’s personal effects.? Any fund deposits and personal effects left by the Veteran resident upon the premises of the Contractor facility shall be delivered by the Contractor to the person or persons entitled thereto under the laws currently governing the facility for making disposition of funds and effects left by the Veteran resident, unless the beneficiary died without leaving a will, heirs, or next of kin capable of inheriting. Should a deceased Veteran leave no will, heirs or next of kin, his/ her personal property and funds, wherever located, vests in and becomes the property of the United States in trust. In these cases the facility will forward an inventory of any such property and funds in its possession to the COR and will hold them (except articles of clothing necessary for proper burial) under safeguard until instructions are received from the COR or other VA representative concerning disposition.Reporting Medical Emergencies. The contractor shall notify the COR immediately when a medical emergency occurs requiring hospitalization or re-hospitalization of a Veteran resident. It is agreed that the Veteran will be admitted to the nearest appropriate VA facility. When such admission is not feasible because of the nature of the emergency, it is agreed that hospitalization in a non-VA hospital is the best interest of the patient. Reporting Grievances. The Contractor shall refer complaints received from Veteran residents to the COR immediately and shall cooperate with the COR or other VA staff in providing information and answering questions in a timely manner when requested. The COR shall determine the steps necessary to resolve the complaint including requiring the Contractor to conduct an internal investigation into the complaint and report back to the COR. After investigation, the Contractor shall respond to the COR with the results of their investigation and the resolution and/or corrective action taken.16. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA):16.1. Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The contractor’s personnel assigned to provide services under the resulting contract agree to take all reasonable precautions to safeguard patient information from unauthorized access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as “strong” user passwords on computer systems, but also physical barriers to prevent unauthorized use of computer work-stations; that hard copy patient files are in secured lockable areas, that files are in lockable cabinets, that the cabinets can in fact be locked, i.e., keys are available, and the locking mechanisms work properly. This precaution also includes the proper transfer of patient information via electronic means, such as faxing or system-to-system transmission.16.2.Contractor personnel shall make sure no patient information of any type is given to outside parties, agencies or organizations of any type without the expressed written consent of the patient and the VA and only in capacities directly related to the provision of the services contracted in this instrument. Further they will ensure that only the minimum necessary patient information is used to provide appropriate service to the correct patient. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA personnel.17. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS): FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public. When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at . The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.You have 14 calendar days following the Assessing Official signature date to submit comments before the evaluation is made available in the Past Performance Information Retrieval System (PPIRS). You have a total of 60 calendar days following the Assessing Official signature date to submit comments. Any comments that you submit will be posted to PPIRS. If you do not sign and return the evaluation within 60 calendar days the evaluation will be returned to the Assessing Official, you will no longer be able to provide comments and the evaluation will be annotated as follows: 'The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this evaluation.' Partially completed comments that were not signed and returned to the Government within 60 calendar days will be removed from the evaluation. The following guidelines apply concerning your use of the past performance evaluation:Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determination, production readiness reviews, or other similar purposes.If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.18. CONTRACTOR CERTIFICATIONCitizenship-related requirements. Contractor must return a signed certification as found in Section D of this?solicitation. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.19. INFECTION CONTROL REQUIREMENTS:The Contractor certified that his/her employees have received the following testing/immunizations within the past year and will maintain coverage during the contract period: 19.1.Tuberculosis Testing 19.2Immunizations. For purposes of infection control, all contractor personnel shall take required immunizations and any health action required by generally accepted public health standards and any immunizations necessitated by any outbreaks in the area/community. Contractor personnel will not be allowed to perform duty until immunization documentation is provided to the COR.19.3.Health Restrictions – Contractor personnel shall have no health or physical disability restrictions which will interfere with the performance of duties. 19.4. As a condition of employment Occupational Safety and Health Administration (OSHA) requires that all contract personnel who will have occupational exposure to blood, other body fluids, or other potentially infectious materials, shall receive Hepatitis B vaccine, sign a voluntary declination or have documented proof of immunity to Hepatitis B infection. The immunization shall be the responsibility of the Contractor at no cost to the Government.19.5. The Contractor’s personnel having patient contact or exposure to biological or pathological specimens shall be immunized against, be granted an immunization waiver or have documented proof of immunity to: rubella, mumps, polio and Hepatitis B. In addition, The Contractor’s personnel shall be free of infectious diseases (to include but not limited to active Tuberculosis and Viral Hepatitis) that might reasonably be expected to place other workers, patients or the public at risk.19.6 The Contractor shall provide the Government with all the information necessary to ensure that Government records are maintained correctly and in compliance with TJC, OSHA and the Center for Disease Control health records requirements, for each individual Contractor employee upon request.20. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA’s Security Investigations Center prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the contractor shall be responsible for the actions of those individuals they provide to perform work for the VALBHS.Position Sensitivity – The position sensitivity has been designated as LOW RISKBackground Investigation – The level of background investigation commensurate with the required level of access is National Agency Check with written inquiries.Contractor Responsibilities The VA Security Investigations Center will provide the necessary forms to the contractor or to the contractor’s employees after receiving the required information.Upon receipt, the VA’s Security Investigations Center will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.The VALBHS facility will pay for investigations conducted by the Office of Personnel Management (OPM) in advance. The contractor will reimburse the VALBHS facility. The cost of investigation(s) will be $279.00 for each provider and will be held from the first invoice submitted by the contractor. In the event a provider has a reciprocal background investigation on file, the contractor will reimburse the VALBHS facility $29.00 per provider for processing of Special Agreement Checks (SAC) (fingerprinting). The VALBHS Security Investigations Center will notify the contracting officer after adjudicating the results of the background investigations received from OPM.Further Instructions regarding the background investigation process and procedures will be provided at time of award. CONFLICT OF INTEREST. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the VALBHS, unless such person seeks and receives approval in accordance with VALBHS Regulations. Nor shall the Contractor employ any person who, as a member the Contractor staff, would create a conflict of interest or the appearance of a conflict of interest, particularly with regard to influencing the contract negotiations or terms of the contract. In any such case, VALBHS shall review the matter and give its approval in accordance with agency ethics rules.Contractor shall not act as Fiduciary or Guardian for any Veteran resident nor provide any assistance to Veteran residents outside the scope identified in the statement of work without written prior approval from the Chief, Social Work Service, VALBHS. 22. CONTRACTOR SECURITY REQUIREMENTS:22.1 All Contractors and Contractor personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA, and VALBHS personnel, regarding information and information system security. Contractor must follow policies and procedures outlined in VA Directive 6500, Information Security Program and its handbooks to ensure appropriate security controls are in place.? 22.2 The VA may provide a briefing to familiarize the Contractor’s personnel on the policies and procedures on the first scheduled duty day or within a period acceptable to the VA. The Contractor shall ensure that all of the Contractor’s personnel attend, participate and complete all VA mandatory training.23. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE: 23.1 . ACCESS TO VA INFORMATION AND VALBHS INFORMATION SYSTEMSA.. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VAS information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. B. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.C. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.D. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VALBHS policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VALBHS, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.E. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VALBHS system or with access to VALBHS information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.24. VA INFORMATION CUSTODIAL LANGUAGE24.1 Information made available to the contractor or subcontractor by VALBHS for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VALBHS. 24.2. VA information should not be co-mingled, if possible, with any other data on the Contractors/subcontractor’s information systems or media storage systems in order to ensure VALBHS requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VALBHS’s information is returned to the VALBHS or destroyed in accordance with VALBHS’s sanitization requirements. VALBHS reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VALBHS directive requirements.24.3. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VALBHS, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VALBHS. Any data destruction done on behalf of VALBHS by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VALBHS Contracting Officer within 30 days of termination of the contract.24.4. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VALBHS information only in compliance with the terms of the contract and applicable Federal and VALBHS information confidentiality and security laws, regulations and policies. If Federal or VALBHS information confidentiality and security laws, regulations and policies become applicable to the VALBHS information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.24.5. The contractor/subcontractor shall not make copies of VALBHS patients sensitive information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.24.6. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VALBHS to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.The contractor/subcontractor must store, transport, or transmit VALBHS sensitive information in an encrypted form, using VALBHS-approved encryption tools that are, at a minimum, FIPS 140-2 validated.The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VALBHS’s minimum requirements. VALBHS Configuration Guidelines are available upon request.Except for uses and disclosures of VALBHS information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VALBHS information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VALBHS’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VALBHS information and information systems to the VALBHS contracting officer for response.Notwithstanding the provision above, the contractor/subcontractor shall not release VALBHS records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VALBHS contracting officer for response.For service that involves the storage, generating, transmitting, or exchanging of VA Sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.25. SECURITY INCIDENT INVESTIGATION25.1. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VALBHS assets, or sensitive information, or an action that breaches VALBHS security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.25.2. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VALBHS shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VALBHS information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.25.3 With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.25.4. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VALBHS and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VALBHS in any civil litigation to recover VALBHS information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.26. LIQUIDATED DAMAGES FOR DATA BREACH26.1. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VALBHS for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract 26.2. The contractor/subcontractor shall provide notice to VALBHS of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VALBHS must secure from a non-Department entity or the VALBHS Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.26.3. Each risk analysis shall address all relevant information concerning the data breach, including the following:(A) Nature of the event (loss, theft, unauthorized access);(B) Description of the event, including:(1) date of occurrence;(2) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;(C) Number of individuals affected or potentially affected;(D) Names of individuals or groups affected or potentially affected;(E) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;(F) Amount of time the data has been out of VALBHS control;(G) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);(H) Known misuses of data containing sensitive personal information, if any;(I) Assessment of the potential harm to the affected individuals;(J) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and(K) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.26.4. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VALBHS liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:(A) Notification;(B) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;(C) Data breach analysis;(D) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;(E) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and necessary legal expenses the subjects of an SPI data breach may incur to repair falsified or damaged credit are not included in the liquidated damages amount and will be handled as actual damages, which the contractor should anticipate as among the costs of doing business, and should consider in developing its cost estimates.27. SECURITY CONTROLS COMPLIANCE TESTINGOn a periodic basis, VALBHS, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.28. TRAINING: Although providers do not have access to the VALBHS network, the following training is mandatory, training will be provided at a VALBHS facility:28.1 VA Privacy and Information Security Awareness and Rules of behavior28.2. VHA CO Compliance and Business Integrity (CBI) Awareness Training28.3. Privacy and HIPAA Focused Training.Contractor shall provide to the COR a copy of the training certificates for each applicable employee within one (1) week of the initiation of the contract and annually thereafter, as required. These online courses are located at the following web site: . Detailed instructions on account setup will be provided to the successful offeror.Failure to complete this mandatory training within the timeframe required shall be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until such time as the training is completed.29. CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS. Contractor personnel registered by national associations shall continue to meet the minimum standards for CME and VALBHS Bylaws and Rules to remain current as prescribed by legal requirements. CME is the sole responsibility of the Contractor, shall be obtained at no additional cost to the Government, and shall be reported to the COR annually on the first normal duty day in January for the previous calendar year. Periodic CME may be conducted at the VALBHS and may be available, at no cost, to any Contractor health care provider.30. CONTRACT ADMINISTRATION DATA:The contract is effective on the dates specified in the contract, with 4, 12 month renewable options periods. The contract is subject to availability of VA appropriations. The Contractor shall perform no services after the end of the period of performance each year until the contracting officer authorizes such services in writing.The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.The Contracting Officer shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof. All contract administration functions will be retained by the Department of Veterans Affairs. After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to:Sharon Brenner, Contract Specialist (Primary POC)Phone: (702) 791-9000 X15753Email: sharon.brenner@TBD (Alternate POC)Department of Veterans Affairs Medical CenterNetwork Contracting Office 224811 Airport Plaza Drive, Suite 600Long Beach, CA 90815The Contracting Officer Representative (COR) for this contract shall be determined.31. POST-AWARD PERFORMANCE CONFERENCESuccessful Contractor shall participate in a post-award orientation conference as directed in the Office of Acquisition and Logistics Information Letter number 003A3-12-04. Conference will include the Contracting Officer, COR, Program Manager, Contractor, and others designated. They may meet quarterly thereafter to ensure that the Contractors are meeting and/or exceeding the contracts requirements.SECTION C - CONTRACT CLAUSESC.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract:C.2 52.216-18 ORDERING (OCT 1995) (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 the effective date of the contract through the end of the effective period. (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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.(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 1 day of services, 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 $1,000,000.00; (2) Any order for a combination of items in excess of $1,000,000.00; or (3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.(End of Clause)C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the contract ends.(End of Clause)C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.(End of Clause)C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.(End of Clause)C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.(End of Clause)C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.(End of Clause)C.9 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.(End of Clause)C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at .) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of Clause)C.11 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) (a) It is expressly agreed and understood that this is a non- personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor or its health-care providers are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered, including by example, the Contractor's or its health-care providers' professional medical judgment, diagnosis, or specific medical treatments. The Contractor and its health-care providers shall be liable for their liability-producing acts or omissions. The Contractor shall maintain or require all health-care providers performing under this contract to maintain, during the term of this contract, professional liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *__________________. However, if the Contractor is an entity or a subdivision of a State that either provides for self-insurance or limits the liability or the amount of insurance purchased by State entities, then the insurance requirement of this contract shall be fulfilled by incorporating the provisions of the applicable State law.* Amounts are listed below: (b) An apparently successful offeror, upon request of the Contracting Officer, shall, prior to contract award, furnish evidence of the insurability of the offeror and/or of all health- care providers who will perform under this contract. The submission shall provide evidence of insurability concerning the medical liability insurance required by paragraph (a) of this clause or the provisions of State law as to self-insurance, or limitations on liability or insurance. (c) The Contractor shall, prior to commencement of services under the contract, provide to the Contracting Officer Certificates of Insurance or insurance policies evidencing the required insurance coverage and an endorsement stating that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. Certificates or policies shall be provided for the Contractor and/or each health- care provider who will perform under this contract. (d) The Contractor shall notify the Contracting Officer if it, or any of the health-care providers performing under this contract, change insurance providers during the performance period of this contract. The notification shall provide evidence that the Contractor and/or health-care providers will meet all the requirements of this clause, including those concerning liability insurance and endorsements. These requirements may be met either under the new policy, or a combination of old and new policies, if applicable. (e) The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts for health-care services under this contract. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraph (a) of this clause.* Amounts from paragraph (a) above:$1,000,000.00 occurrence (End of Clause)C.12 52.237-3 CONTINUITY OF SERVICES (JAN 1991) (a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.(End of Clause)C.13 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of California. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.(End of Clause)C.14 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) The contractor agrees to provide all services specified in this contract for any person determined eligible by the Department of Veterans Affairs, regardless of the race, color, religion, sex, or national origin of the person for whom such services are ordered. The contractor further warrants that he/she will not resort to subcontracting as a means of circumventing this provision.(End of Provision)C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): (End of Clause)FAR NumberTitleDate52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTSAPR 201452.224-1PRIVACY ACT NOTIFICATIONAPR 198452.224-2PRIVACY ACTAPR 198452.227-14RIGHTS IN DATA—GENERALMAY 201452.227-16ADDITIONAL DATA REQUIREMENTSJUN 198752.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 2013(End of Addendum to 52.212-4)C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(41 U.S.C. 3509). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [] (ii) Alternate I (NOV 2011) of 52.219-3. [X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (JAN 2011) of 52.219-4. [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (OCT 2014) of 52.219-9. [X] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [X] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). [X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [X] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (36)(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-13. [] (37)(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (39)(i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (41) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of 52.225-3. [X] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).Employee ClassMonetary Wage-Fringe Benefits [X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). [X] (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). (viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (ix) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (x)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658). (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSD.1 QUALITY ASSURANCE SURVEILLANCE PLANFor: Detoxification and Residential Rehabilitation Services for Veterans suffering from acute intoxication and/or addiction is not manageable in an outpatient setting. Contract Number: ___________________________<Government will enter number upon award>Contract Description: Contractor shall provide detoxification and residential rehabilitation services for veterans referred by the VA Long Beach Healthcare System (VALBHS) with acute intoxication and/or addiction. Services will only be furnished to Veteran beneficiaries for whom such care is specifically authorized by the VA.Contractor’s name: _________________<Government will enter name upon award>1. PURPOSEa. This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:What will be monitoredHow monitoring will take placeWho will conduct the monitoringHow monitoring efforts and results will be documentedb. This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. c. This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.2. Government Roles and ResponsibilitiesThe following personnel shall oversee and coordinate surveillance activities. a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.Assigned CO:__________________________ <Government will enter name upon award>b. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Assigned COR: __________________________<Government will enter name upon award>c. Other Key Government Personnel – <Upon award Government will enter name, if applicable. This may include Performance Monitors, Clinical Quality experts, etc. who act on behalf of the COR to monitor performance.>3. Contractor RepresentativesThe following employees of the contractor serve as the contractor’s program manager for this contract. a. Program Manager:_________________________________<Offeror will enter name upon award>b. Other Contractor Personnel -_____________________<Offeror will enter name(s) upon award>4. Performance Standardsa. Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards. b. The Performance Requirements Summary Matrix below includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL) on a quarterly basis. c. Contractor will be held to the same standard as VA personnel through quality assurance and performance monitoring to ensure compliance under this Contract. The Quality Assurance and Performance Monitoring will be governed by the appointed COR who will be responsible for verifying compliance with the terms and conditions of the contract. After the contract is awarded, any incidents as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer. In addition, the COR will forward the summary evaluation of the contractor performance to the Contracting Officer once performance ends.ItemTaskIndicatorStandardAcceptable Quality LevelMethod of Surveillance1Provide Substance Abuse TreatmentVeterans are provided prescribed substance abuse treatmentTreatment services provided IAW the established plan of care developed at in-take 100%Observation and random inspection2Case Management ServicesAbility to receive and place Veterans on short-term noticeContractor shall provide rapid, often times same day residential placement95%Observation and random inspectionCompliance in completing progress reports as directed by COR or other MHCG staffContractor provides Progress Reports in the delineated format and in accordance with timelines established by the COR95%Review and Evaluation of all Required ReportsScheduled visits with each Veteran and designated open office hoursContractor shall schedule open office hours and periodic visits with each Veteran to discuss progress towards discharge goals 95%Observation and Veteran queries/ complaints Discharge PlanningContractor conducts discharge planning with Veterans and in collaboration with HCHV Staff and submits plan to COR upon actual discharge of Veteran. 95%Periodic Review and Evaluation of Discharge Plans3Supportive ServicesTransportationVeterans receive timely transportation to and from VA Medical and Dental Appointments 95%Observation and Veteran queries/ complaints Storage, monitoring, issuance, and documentation of prescription drugsContractor will safeguard VA prescribed medications for Veterans and issue them for self-administration at the prescriptive times. A log of medications management will be kept.100%Observation and random inspection of documentationOpportunities for Veterans to participate in spiritual worshipContractor will have onsite worship services and/or provide transportation for Veterans to attend worship services offsite80%Observation and Veteran queries/ complaints 4Housing Safe, clean, and sanitary housing for all Veteran residentsContractor provided room and board shall include a minimum per Veteran / family member of one single bed, storage space, and one dresser; indoor lounging/recreation area, and self-service laundry 95%Observation and Veteran queries/ complaints 5Records and ReportsClient record for each Veterans residentClient records will include all information required in accordance with the SOW and be updated as necessitated by Veteran progress 95%Observation and random inspection of documentationUtilization of the Homeless Operations Management and Evaluation System (HOMES) and the Homeless Management Information System (HMIS).If applicable, Contractor will utilize and update these systems as directed by the COR/MHCG program staff95%Observation and random inspection of data systemsItemTaskIndicatorStandardAcceptable Quality LevelMethod of Surveillance6Dietetic ServicesThe dietary needs of all Veteran residents shall be met in accordance with sound nutrition consistent with USDA standards. Veteran residents shall be provided three nutritious meals and two snacks per day; Food shall be prepared, served, and stored under sanitary conditions95%Observation and Veteran queries/ complaints 7Qualifications/ Accreditation/ Licensing of Contractor StaffContract shall provide sufficient staff in the number and position with the qualifications necessary to meet the Statement of Work and the California State guidelines.Contractor shall possess a California State Business License; Any professional staff shall be certified or licensed by the California Board of Examiners; All technical and professional staff shall be Basic Life Support certified100%Observation and random inspection 8FacilityContractor facility conformance to all state and federal requirements as pertains to licensing, safety, and health codes.Per the SOW, facility shall: maintain conformance to all city, county, state and federal licensing requirements and health codes; meet Fire Safety and Joint Commission standards; have a current occupancy permit; meet ADA requirements 95%Periodic Inspections9Veteran Resident SafetyIdentification, Reporting, and Resolution of facility safety IssuesAll identified safety issues shall be investigated immediately and corrected in a timely manner appropriate for the incident.95%Observation, random inspection, and Veteran queries/ complaints Identification, Reporting, and Resolution of Veteran safety IncidentsAny incident involving an injury or severe illness to a Veteran shall be reported immediately after occurrence to the COR. Initial notification shall be via telephone with a follow-up written report provided within 24 hours.95%Observation, random inspection, and Veteran queries/ complaints 10Patient SatisfactionPatient ComplaintsAll patient complaints regarding quality of care are reported to the COR within 24 business hours95%Veteran queries/ complaints 5. Methods of QA Surveillance Various methods exist to monitor performance. There will be quarterly meetings held with the Contractor to discuss any issues. In addition, the COR shall use the following surveillance methods in the administration of this QASP: Observation. Observations will be taken during any and all site visits by any MHCG or VA staff (items 1-7, 9). Veteran Queries and Complaints. MHCG staff relies on the Veteran to identify deficiencies. Veterans will be queried as to the services being provided to them. Any identified concerns or complaints are then investigated and validated (items 2, 3, 4, 6, 9, 10). Random and Periodic Inspection. Inspections will be accomplished randomly and no less than once per year (items 1, 2, 3, 5, 7, 8, 9).Report Reviews/Evaluations. Reviews and Evaluations of required reports will be conducted as received. Deficiencies will be noted and communicated to the Contractor for corrective action (items 2, 3, 9).6. DOCUMENTING PERFORMANCEa. The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action. b. When unacceptable performance occurs, the COR shall inform the contractor within three (3) days of the unacceptable performance. This will normally be in writing unless circumstances necessitate verbal communication, in which case the notification will occur within one (1) day. In any case the COR shall document the discussion and place it in the COR file. c. When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's program manager. d. The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability. e. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO. In addition, any performance that is below the standards set-forth in Section 4 may subject the Contractor to the termination for default provision or result in non-exercise of any future option periods.7. Frequency of SURVEILLANCE.a. Frequency of Surveillance. During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.b. Performance Assessment Meetings. The COR shall meet with the contractor Quarterly to assess performance and shall provide a written assessment. ___________________________________________________Printed Name/Signature – Contractor Representative___________________________________________________Printed Name/Signature – Contracting Officer’s RepresentativeD.2 PAST PERFORMANCE QUESTIONAIREInstructions The “offeror” (identified in Section I, Block A) is submitting a response to a solicitation issued by the Department of Veterans Affairs Long Beach Healthcare Systems for residential treatment of homeless veterans needing social detoxification and substance abuse treatment to be performed in the Santa Barbara catchment area.Your candid responses to this questionnaire will assist the VA in evaluating the offeror’s past performance (i.e. How was the quality of the services this offeror provided in the past?). By gathering this information (not only on this offeror, but on all the companies who submit an offer to provide these required services) we strive to determine which company’s offer will be most advantageous to VA. We appreciate the time and effort you take to verify the information provided by the offeror in Section I and more importantly to complete Sections II and III regarding the services you received from them. It is the Offeror’s responsibility to follow-up with references.PLEASE EMAIL COMPLETED Questionnaires NLT 29 June 2015 at 4:00 p.m. EST to: Sharon Brenner at Sharon.brenner@ Should you have any questions regarding this questionnaire, please feel free to contact the above contract specialist at (702) 791-9000 X15753 or Sharon.brenner@. Section I - Details of Company Being Evaluated)(To be Filled Out by the “Offeror (a.k.a. “Evaluatee”)“ & Verified by the “Evaluator”)A. Offeror’s Information: 1. Company Name: 2. Address:3. Company POC’s Name: 4. POC’s Title: 5. POC’s Phone #: 6. POC’s Email: 7. Identify Prime contractor or SUB contractor: PRIME/SUB (circle)B. Information regarding Past Contract(s*) being evaluated: *(attach additional pages if necessary)1. Contract #: 2. Customer (Firm Name):3. Performance Period when was work done?4. Location(s) of Work Performed: 5. Scope of Contract (i.e. Brief Description of Work Performed) include number of elevators: 6. Average Annual $ amount: 7. Awards or Incentives (if applicable) SECTION II - Details of Evaluator (Person providing Evaluation of Offeror)(Can be Filled Out by either the “Offeror “ OR “Evaluator”)1. Evaluator’s Name: 2. Title:3. Organization: 4. Evaluator’s Phone #: 5. Evaluator’s Fax #: 6. Evaluator’s Email: SECTION III - Customer Satisfaction/Quality of Service Questions(To be Filled Out only by the “Evaluator”)PERFORMANCE LEVEL- Rating/definitionsOUTSTANDING- Performance meets contractual requirements and exceeds many (requirements) to the Government’s benefit. The contractual performance of the element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.EXCELLENT- Performance meets contractual requirements and exceeds some (requirements) to the Government’s benefit. The contractual performance of the element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.ACCEPTABLE- Performance meets contractual requirements. The contractual performance of the element being assessed contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.MARGINAL- Performance does not meet some contractual requirements. The contractual performance of the element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions or the contractor’s proposed actions appear only marginally effective or were not fully implemented.UNSATISFACTORY- Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element being assessed contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.NOT APPLICABLE or UNKNOWN- Unable to provide a score. Performance in this area not applicable to the effort assessed.KEY: 5=OUTSTANDING 4=EXCELLENT 3=ACCEPTABLE 2=MARGINAL 1=UNACCEPTABLE 0=UNKNOWN How satisfied are you with the overall performance this offeror provided? FORMCHECKBOX 5 FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 0To what degree did this offeror conform to your contract’s requirements? FORMCHECKBOX 5 FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 0How effective was this offeror in establishing and maintaining a positive working relationship? FORMCHECKBOX 5 FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 0Were any awards or incentives given for excellent performance? FORMCHECKBOX Yes FORMCHECKBOX No FORMCHECKBOX 0To what extent did the contractor respond to and attempt to correct any concerns, issues, or problems that appeared during performance of your contract? FORMCHECKBOX 5 FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 0What extent was this offeror flexible in responding to changing needs? FORMCHECKBOX 5 FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 0How would you rate the effectiveness of the contractor’s problem resolution efforts? FORMCHECKBOX 5 FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 0Did this offeror submit complete and accurate invoices for payment of services provided? If not, was the offeror willing to correct them? FORMCHECKBOX Yes FORMCHECKBOX No FORMCHECKBOX 0Did this offeror generally meet performance schedule? FORMCHECKBOX 5 FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 0To what degree did this offeror provide the right personnel and number of personnel to complete your requirement in a timely manner? FORMCHECKBOX 5 FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 0To what degree did this offeror provide the right types and quantities of supplies to complete your requirement in a timely manner? FORMCHECKBOX 5 FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 0To what degree did this offeror provide the right types and quantities of equipment to complete your requirement in a timely manner? FORMCHECKBOX 5 FORMCHECKBOX 4 FORMCHECKBOX 3 FORMCHECKBOX 2 FORMCHECKBOX 1 FORMCHECKBOX 0Have any cure notices, show cause letters, suspension of payment, or termination been issued? If yes, please explain below. FORMCHECKBOX Yes FORMCHECKBOX No FORMCHECKBOX 0If given an opportunity, would you conduct business with this offeror again? FORMCHECKBOX Yes FORMCHECKBOX No FORMCHECKBOX 0Section IV: Closing CommentsProvide any additional comments you feel would be pertinent regarding past performance of this company:PLEASE EMAIL COMPLETED QUESTIONNAIRES TO: Sharon.brenner@ D.3 CONTRACTOR CERTIFICATION IMMIGRATION CONTRACTOR CERTIFICATION: Immigration and Nationality Act of 1952, As AmendedThe Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;Citizenship-related requirements. Each affected contractor employee as described in paragraph shall be: A United States (U.S.) citizen; or A national of the United States (see 8 U.S.C. 1408); or An alien lawfully admitted into the United States for permanent residence as evidenced by an Alien Registration Receipt Card Form I–151. Temporary workers lawfully admitted into the United States under the H1-B visa program. While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States.If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.The Contractor agrees to obtain a similar certification from its sub Contractors.Signature: _____________________________________________Date: _____________________________________________Typed Name and Title: _____________________________________________Company Name: _____________________________________________This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.D.4 APPENDIX AMINDS (Score greater than 10 indicates further treatment is necessary)DomainFindingWeightAssigned ScorePulse<9090-110>110012BP (Diastolic)< 9090-110>110012SweatingNo sweat visibleBarely perceptible, moist palms Beads of sweat visible Drenching sweats0246Hallucination (auditory vs. tactile)None MildModerate or intermittent Severe, Continuous1246AgitationNormal activity Somewhat more than normal activityModerately fidgety and restless Pacing, or thrashing about continuously0246DelusionsAbsent Present04TremorNoneNot visible, can be felt fingertip to fingertip Moderate w/arms extendedSevere even w/arm not extended0246SeizuresNone since last ratingHave occurred since last rating or at all if first rating06OrientationOriented to time, place, person Oriented only to place and person Totally disoriented024Total ScoreD.5 APPENDIX BSECTION E - SOLICITATION PROVISIONSE.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:INSTRUCTIONS TO OFFERORSIn order to be considered responsive, Contractor must provide the following in their proposal:Signed SF 1449Signed Standard Form 1449 (first page of this solicitation)Completed price schedule for all CLINS.Signed Immigration Certification from Section D- Contract Documents, Exhibits, or attachments.Signed Quality Assurance Surveillance Plan (QASP) from Section D- Contract Documents, Exhibits, or attachments.Copy of SAM (System for Award Management) record completed an electronic annual representations and certifications at of all required insurance certificates.Copy of VETS 100/100A ReportQualification documents for all personnel Completed Past Performance Questionnaires from current/previous contractsBASIS FOR AWARD.a.Award will be made to an offeror(s) on the basis of a best-value trade-off per FAR 15.101-1. The Government will award a contract resulting from this solicitation to the responsible Offeror(s) whose offer, conforming to the solicitation, will be the most advantageous to the Government, price and other factors considered. The following factors, listed in descending order of importance, will be evaluated:FACTOR 1 – Certification of FacilitiesFACTOR 2 – Contractor’s Technical and Management ApproachFACTOR 3 – Quality and Qualification of Contractor’s Key PersonnelFACTOR 4 – Past Performance FACTOR 5 – Veteran InvolvementFACTOR 6 – Priceb. All non-price factors, when combined, are significantly more important than price for the purpose of determining the best value to the Government, therefore, the Government may award to other than the lowest priced offeror if it is in the Government’s best interest to do so. c. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). This instruction refers to Factor 6 - Price and the Schedule of Supplies and Services found in Section B of this solicitation. d. All proposals will be evaluated in accordance with FAR 15.305. The Government intends to award without discussions with offerors, however the Government reserves the right to conduct discussions if it is in its best interest to do so. If discussions are conducted, the Government may establish a competitive range of the most highly rated proposals, unless the range is further reduced for purposes of efficiency pursuant to FAR 15.306(c)(2). e. The Government reserves the right to make multiple awards for this contract. This provides more flexibility for the Government as it allows for greater outreach throughout the entire Los Angeles County area and improves the VA’s ability to meet the needs of homeless Veterans.f. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. The perceived benefits of the higher priced proposal shall merit the additional cost, and the rationale for tradeoffs must be documented in the file in accordance with 15.406.E.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that— (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.(End of Provision)E.3 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price, Indefinite Quantity contract resulting from this solicitation.(End of Provision)E.4 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).(End of Provision)E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Sharon Brenner Hand-Carried Address: Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive; Suite 600 Long Beach CA 90815 Mailing Address: Department of Veterans Affairs 4811 Airport Plaza Drive; Suite 600 Long Beach CA 90815 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)E.6 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) (a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses and veteran-owned small businesses as subcontractors. (b) Eligible service-disabled veteran-owned offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (). (c) Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database ().(End of Provision)E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 20420E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): (End of Provision)FAR NumberTitleDate52.216-27SINGLE OR MULTIPLE AWARDSOCT 199552.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONSDEC 2012(End of Addendum to 52.212-1)E.10 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:Award will be made to an offeror(s) on the basis of a best-value trade-off per FAR 15.101-1. The Government will award a contract resulting from this solicitation to the responsible Offeror(s) whose offer, conforming to the solicitation, will be the most advantageous to the Government, price and other factors considered. The following factors, listed in descending order of importance, will be evaluated:(1)FACTOR 1 – Certification of Facilities(2)FACTOR 2 – Contractor’s Technical and Management Approach(3)FACTOR 3 – Quality and Qualification of Contractor’s Key Personnel(4)FACTOR 4 – Past Performance (5)FACTOR 5 – Veteran Involvement(6)FACTOR 6 – PriceAll non-price factors, when combined, are significantly more important than price for the purpose of determining the best value to the Government, therefore, the Government may award to other than the lowest priced offeror if it is in the Government’s best interest to do so. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). This instruction refers to Factor 6 - Price and the Schedule of Supplies and Services found in Section B of this solicitation. All proposals will be evaluated in accordance with FAR 15.305. The Government intends to award without discussions with offerors, however the Government reserves the right to conduct discussions if it is in its best interest to do so. If discussions are conducted, the Government may establish a competitive range of the most highly rated proposals, unless the range is further reduced for purposes of efficiency pursuant to FAR 15.306(c)(2). The Government reserves the right to make multiple awards for this contract. This provides more flexibility for the Government as it allows for greater outreach throughout the entire Los Angeles County area and improves the VA’s ability to meet the needs of homeless Veterans. EVALUATION FACTORS AND CRITERIA. Offerors should address in detail their Technical Capabilities by describing their proposed approach to each factor. All factors will be considered based solely on the proposal provided, to the extent in which the proposal demonstrates a clear understanding of the requirements, and the contractor’s ability to meet those requirements. (1)Factor 1 – Certification of Facilities. This factor will be used to determine if the Contractor’s facility meets the required safety, licensing, and health codes/certifications. For this factor, proposals shall prove conformance to the requirements identified in the SOW. (2)Factor 2 - Technical and Management Approach. This factor will be evaluated to determine the Contractor’s ability to successfully manage all contract requirements. Key areas that proposals shall address are: (a)The Contractor’s knowledge and ability to provide detoxification and residential rehabilitation services (reference the SOW). (b)The contractor’s knowledge and ability to manage all required services stated in the SOW including their ability to do so for the duration of the contract (ref the SOW). (3)Factor 3- Qualifications and Quality of Proposed Key Personnel. This factor will be used to determine if the Contractor’s key personnel proposed to perform under this contract meet the education, licensing and experience requirements per the statement of work. For this factor, proposals shall provide resumes of the proposed program manager, case managers, and direct care monitors and provide proof that they meet the required qualification and experience (reference section 3 of the SOW). (4)Factor 4 – Past Performance. This factor will be evaluated at the factor level to assess an offeror’s likelihood of performing successfully on this contract. Past performance will be assessed for relevancy and success. For this factor: (a)The Government shall review available past performance data in the Federal Awardee Performance and Integrity Information System found in the Past Performance Information Retrieval System found at . Offerors shall identify two (2) current or recently completed (within the past three years) contracts that are similar in scope and dollar value to the contract being offered herein, to include contract name, dates of performance, point of contact, telephone number and e-mail address. Contracts listed may include those entered into with the Federal Government, State or local agencies, or commercial customers. Please have the contracting officers for those contracts complete the Past Performance Questionnaire in section D.2.(5)Factor 5 – Veteran Involvement. (a) In accordance with VAAR 852.215-70 included herein, this factor will take into consideration an offerors status as an SDVOSB, VOSB and/or its proposed use of eligible SDVOSB and VOSB as subcontractors. This factor will give credit in the following order of descending importance: (i)Service-Disabled Veteran-Owned Small Business (SDVOSB) performing work as the prime contractor.(ii)Veteran-Owned Small Business (VOSB) performing as a prime contractor. (iii)Non-SDVOSB or VOSB committing to subcontracting with either SDVOSB or VOSB in the performance of the contract. (b) In order for SDVOSB or VOSB to receive credit under this factor, the offeror must be registered and verified in the Vendor Information Pages database at per VAAR 804.1102. (c) In order for an Offeror who is not a SDVOSB or VOSB to receive credit under this factor, the offeror must state in its proposal the names of SDVOSB(s) and/or VOSB(s) with whom it intends to subcontract, and provide a brief description and the approximate dollar values of the proposed subcontracts. Additionally, proposed SDVOSB/VOSB subcontractors must be registered and verified in Vendor Information Pages (VIP) database at per VAAR 804.1102 in order for the offeror to receive consideration under the Veterans Involvement Factor. (6)Factor 6 - Price. (a)Offerors shall submit their Price using the Schedule of Services and Price from section B of this solicitation. The price proposal shall be specific, complete in every detail, and separate from the technical proposal. Line items for each option year shall be sufficiently completed. (b)Prices shall be evaluated for fairness and reasonableness and will be compared against competing proposals and the independent Government cost estimate. (c)Prices shall be listed as an all-inclusive per-diem rate for services. (End of Provision)E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2015) The offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (p) of this provision. (a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. “Forced or indentured child labor” means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. “Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. “Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. “Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). “Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except— (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. “Sensitive technology”— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). “Service-disabled veteran-owned small business concern”— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. “Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. “Subsidiary” means an entity in which more than 50 percent of the entity is owned— (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. “Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. “Women-owned small business concern” means a small business concern— (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. “Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website access through . After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that— (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246— (1) Previous contracts and compliance. The offeror represents that— (i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that— (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.” (2) Foreign End Products: Line Item No Country of Origin ______________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No. __________________________________________ [List as necessary] (3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ [List as necessary] (4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements”. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals— (1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (1) Listed end products.Listed End ProductListed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) __ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that— (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003- 4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003- 4(d)(1). The offeror [ ] does [ ] does not certify that— (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ] TIN: _____________________. [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other _________________________. (5) Common parent. [ ] Offeror is not owned or controlled by a common parent; [ ] Name and TIN of common parent: Name _____________________. TIN _____________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. By submission of its offer, the offeror represents that— (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror— (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if— (i) This solicitation includes a trade agreements certification (e.g., 52.212–3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation.) (1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information:Immediate owner CAGE code:________________________________________________________________Immediate owner legal name:________________________________________________________________(Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:Highest-level owner CAGE code:________________________________________________________________Highest-level owner legal name:________________________________________________________________(Do not use a “doing business as” name)(End of Provision) ................
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