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Table of Contents
SECTION A 1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1
SECTION B - CONTINUATION OF SF 1449 BLOCKS 5
B.1 CONTRACT ADMINISTRATION DATA 5
B.2 STATEMENT OF WORK 7
B.2.1 DEFINITIONS 7
B.2.2 GENERAL SCOPE 7
B.2.3 TYPE OF CONTRACT 7
B.2.4 ESTIMATED DAILY PARKING NEEDS 7
B.2.5 PERIOD OF PERFORMANCE 8
B.2.6 PARTICIPATING FACILITIES 8
B.2.7 CONTRACTING OFFICER REPRESENTATIVE (COR) 8
B.2.8 CONTRACTOR POINT OF CONTACT 8
B.2.9 SPECIFIC REQUIREMENTS 9
B.2.9.1 General Valet Parking Procedures 9
B.2.9.2 Electric Vehicle Requirement 10
B.2.9.3Front-Door Service Procedures 10
B.2.9.4 Parking Lot Procedures 11
B.2.9.5 Signage Procedure 12
B.2.9.6 Service Hours 12
B.2.9.7 After Hours Procedures 13
B.2.9.8 Special Events Procedures 13
B.2.9.9 Reporting Procedures 13
B.2.9.10 Protocol for Incidents 14
B.2.9.11 Claims, Complaints and Disruptive Behavior 14
B.2.9.12 Invoicing 15
B.2.10 DRUG SCREENING 15
B.2.11 VEHICULAR AND GENERAL PUBLIC LIABILITY 15
B.2.12 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) 16
B.2.13 QUALIFICATIONS 16
B.2.14 TRAINING 17
B.2.15 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS AND BACKGROUND SCREENING 17
B.2.16 ON-SITE MANAGEMENT 18
B.2.17 REGULATORY COMPLIANCE 18
B.2.18 UNIFORM 18
B.2.19 OVERTIME AND HOLIDAYS 18
B.2.20 PARKING POLICY 18
B.2.21 SMOKING POLICY 19
B.2.22 BADGES 19
B.2.23 CELL PHONE POLICY 19
B.2.24 GOVERNMENT FURNISHED EQUIPMENT 19
B.2.25 POST-AWARD CONFERENCE 19
B.3 PRICE SCHEDULE 20
ITEM INFORMATION 20
SECTION C - CONTRACT CLAUSES 25
C.1 52.202-1 DEFINITIONS (NOV 2013) 25
C.2 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015) 25
C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (FEB 2016) 30
C.4 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) 34
C.5 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984) 35
C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) 35
C.7 52.216-18 ORDERING (OCT 1995) 35
C.8 52.216-19 ORDER LIMITATIONS (OCT 1995) 36
C.9 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 36
C.10 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 36
C.11 52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014) 37
C.12 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) 40
C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 41
C.14 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) 41
C.15 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) 42
C.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) 43
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 45
D.1 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) 45
D.2 REGISTER OF WAGE DETERMINATION FOR SAN DIEGO COUNTY 50
D.3 PAST PERFORMANCE SHEET 54
D.4 HISTORICAL DATA – REPORT OF VEHICLES PARKED PER DAY 55
SECTION E - SOLICITATION PROVISIONS 56
E.1 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE 56
E.2 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015) 57
E.3 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) 57
E4 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015) 59
E.5 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS 62
E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) 65
E.7 52.216-1 TYPE OF CONTRACT (APR 1984) 68
E.8 52.217-5 EVALUATION OF OPTIONS (JUL 1990) 68
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2015) 68
E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 79
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
(continuation from Standard Form 1449, block 18A.)
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: _______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
b. GOVERNMENT: Edgar Alvizar, Contract Specialist
edgar.alvizar@
Department of Veterans Affairs
Network Contracting Office 22
4811 Airport Plaza Drive, Suite 600
Long 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
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted
electronically at htttp://us/en/.
| |
5. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: In accordance with FAR Provision 52.212-1 paragraph (j), please provide the Dun and Bradstreet Number assigned to your firm in the space provided below:
DUNS# ____ ____ - ____ ____ ____ - ____ ____ ____ ____
6. REQUIRED REGISTRATION WITH SAM PREVIOUSLY KNOWN AS CCR:
Federal Acquisition Regulations require all contractors conducting business with the Government to be registered in two separate and individual online databases: 1) the System for Award Management (SAM) Government-wide online database for the provision of basic information relative to contract awards; and 2) the Past Performance Information Retrieval System (PPIRS) for online evaluation of your performance. Award cannot be made to a contractor not registered in both of these database systems.
Pursuant to the General Services Administration (GSA) implementing the, System for Award Management (SAM), on July 29, 2012 after initial registration, the Contractor is required to update registration data as changes occur and must re-register annually to ensure all data remains current. Noncompliance with this requirement will preclude the exercising of any option periods that may be included herein and will be cause for termination of the contract at such time noncompliance is discovered. Refer to cited website for more details.
You may accomplish these registrations online at the following web sites:
SAM –
7. REQUIRED REGISTRATION WITH VETBIZ:
All interested SDVOSBs must be registered and viewable as a SDVOSB at the VetBiz Vendor Information Pages at ; their Annual Representations and Certifications must be current and filed online and viewable through SAM.
8. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
|AMENDMENT NO |DATE |
| | |
B.2 STATEMENT OF WORK
B.2.1 DEFINITIONS
1. Critical lot: The critical access parking lot is intended to provide traditional valet parking to pre-screened and authorized employees and contractors that require immediate access to the Medical Center.
2. Front-Door Services: these services shall include, but are not limited to, transporting patients and other authorized personnel from the valet parking drop-off area to the Hospital main entrance.
3. Full Valet Parking Services: these services shall include, but are not limited to, greeting, ticketing, securing keys, providing a booth, signage, cones and other supplies and/or professional materials necessary to park an individual’s vehicle by a valet parking attendant.
4. Modified Valet Parking Services: these services should include, but are not limited to, having the driver of a vehicle to self-park their vehicles in a designated valet parking area at the direction of the contractor, using single or double stack parking, and provide the keys to the contractor upon exiting the car. The contractor shall be required to manage the single or double stacked vehicles as necessary for efficient operation, to include relocating and unstacking the double stacked vehicles and deliver the vehicle at the valet booth.
5. Temporary sign: A sign that is not anchored to the floor, or any other surface, and that can be strategically moved by the vendor.
B.2.2 GENERAL SCOPE
The Contractor shall provide all labor, material, and supervision required to provide full valet parking and front-door services in accordance with the terms and conditions of the solicitation and resulting contract. The Contractor shall have the valet parking site ready to provide the services at the times indicated, and incidentals to manage and perform the required services for patients, visitors, family members, volunteers, critical lot authorized personnel, and those coming to the VA San Diego Healthcare System (VASDHS) for business or official purposes. The Contractor shall provide two (2) golf car drivers for pick up and drop off within the valet area to ensure front door service at the La Jolla Campus only. The requirement for electric vehicles is described in section B.2.9.2.
B.2.3 TYPE OF CONTRACT
This is a firm fixed price base and four year options indefinite-quantity contract for the 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.2.4 ESTIMATED DAILY PARKING NEEDS
The Contractor shall make logistical and staffing adjustments as necessary in accordance with daily parking needs. The contractor is responsible for allocating staff between the participating facilities (see B.2.6), and their designated drop-off sites, in order to meet workload demands.
B.2.5 PERIOD OF PERFORMANCE
|Term |Description |Unit |Quantity |Performance Period |
|Base Period |Valet Parking Services |Month |12 |04/25/2016 through 04/24/2017 |
|Option Year 1 |Valet Parking Services |Month |12 |04/25/2017 through 04/24/2018 |
|Option Year 2 |Valet Parking Services |Month |12 |04/25/2018 through 04/24/2019 |
|Option Year 3 |Valet Parking Services |Month |12 |04/25/2019 through 04/24/2020 |
|Option Year 4 |Valet Parking Services |Month |12 |04/25/2020 through 04/24/2021 |
B.2.6 PARTICIPATING FACILITIES
|LOCATION NAME |LOCATION ADDRESS |
|VASDHS, La Jolla Campus |3350 La Jolla Village Drive, San Diego, CA 92161 |
|VASDHS, Mission Valley Outpatient Clinic |8810 Rio San Diego Drive, San Diego, CA 92108 |
B.2.7 CONTRACTING OFFICER REPRESENTATIVE (COR)
1. The COR shall be identified by the Contracting Officer (CO). The COR shall be the Contractor’s primary point-of-contact for all participating facilities.
2. The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or their delegated representative(s) acting within the limits of their authority.
3. The Contracting Officer Representative (COR) shall provide general instructions and shall be responsible for administrating the contract and ensuring invoices are certified.
|Location |VASDHS, 3350 La Jolla Village Drive, San Diego, CA 92161. |
|COR: |To be Determined (TBD) |
|Phone: |TBD |
B.2.8 CONTRACTOR POINT OF CONTACT
1. The Contractor shall designate one employee as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily performance of this contract.
2. The POC shall be available by telephone Monday through Friday, between 7:30 a.m. and 4:30 p.m. excluding national holidays.
3. The Contractor shall provide the name and telephone number of the person designated as Point of Contact, Alternate Point of Contact, and the name, location and telephone number of the office where normal and emergency service calls are to be placed:
|Point of Contact (Full Name): | |
|Telephone Number: | |
|E-mail Address: | |
|Alternate Point of Contact (Full Name): | |
|Telephone Number: | |
|E-mail Address: | |
B.2.9 SPECIFIC REQUIREMENTS
B.2.9.1 General Valet Parking Procedures
1. EFFICIENT SERVICE: The Contractor shall staff the valet parking operation with an appropriate number of employees as necessary, ensuring an efficient and safe operation. Any increase in the number of valet parking personnel necessary to meet the ten (10) minute requirement shall be provided at no additional cost to the Government. An efficient operation is defined as:
a. No vehicle waits more than ten (10) minutes to be valet-parked, nor more than ten (10) minutes to be retrieved.
b. The ten (10) minute period begins for parking as soon as the vehicle queues itself into the valet staging area, and performance is complete when the vehicle has been processed and driven out of the queue area by the Contractor.
c. The ten (10) minute retrieval period begins as soon as the patient queues themselves into the retrieval line, and is complete as soon the patient is presented their idling vehicle.
d. The greeter, who is required to be at the booth at all times during normal operations, should not be included in the staffing for parking vehicles, unless approved by the COR.
2. BOOTH: The booth(s) shall be monitored through the workday by a Contractor provided supervisor or Contractor Staff and shall never be left unattended. The Contractor shall be required to have a booth at each drop-off area wherever valet parking areas are designated by the COR.
3. VEHICLES: The Contractor shall service every vehicle excluding ambulances, VA transportation vans, taxis, and other commercial vehicles of vendors conducting business at the participating facility.
e. CLAIM TICKET: A claim ticket shall be given to the driver. After parking the car, the attendant shall write the vehicle description, location and other pertinent information on a card to aid in locating the vehicle when the customer requests it. Claim checks shall contain the valet company’s liability disclaimer.
4. EQUIPMENT: The Contractor shall provide professional valet booth(s), locking key cabinet(s), safety cones, signs, post, chains to separate parking areas, comment cards, claim tickets, podiums, canopies, tents, sun/rain protection, and other miscellaneous supplies/material necessary to operate and manage the valet services. All vehicles parked by the parking attendants shall be locked and secured. Driver’s keys shall be secured at the valet booth(s) in a locking key cabinet(s).
5. PATIENT ASSISTANCE: Valet parking attendants shall be required to assist parking patrons getting in and out of their vehicles as well as assist with removal of wheelchairs, walkers, carts, bags and/or personal medical equipment from vehicles if requested. Valet parking attendants shall provide minimal assistance but shall not be required to lift or pick up patients in and out of their vehicles.
6. TIPPING: All services are provided at no charge to and tipping shall not be accepted by Contractor Staff. Acceptance of tips, monetary or otherwise, by contract staff will result in the VA finding the individual objectionable and the VA may advise the contractor that the individual is no longer to provide services under this contract.
B.2.9.2 Electric Vehicle Requirement
1. The Contractor shall provide electric vehicles for the Front-Door services upon request from the Contracting Officer. The Contractor shall ensure the Contractor owned electric vehicles meet the following salient characteristics:
a. Make: Cruisecar (Brand name or equal)
b. Model: M6
c. Year/Age of vehicle: The manufacture date of the vehicle shall be 2015 or newer Year/Model for the duration of this contract including options.
d. Description: Electric Vehicle; (4) six passengers, six forward facing electric shuttle
e. Color: white
f. Safety Features: operational lights, safety belts, top/roof for sun/weather protection.
2. The Contractor shall provide for Contractor owned electric vehicles all necessary labor, materials, supplies, repair parts, tools, equipment, transportation, and supervision to provide all intervening repair services, scheduled maintenance services, scheduled preventive maintenance inspections (PMI), and replacement of worn or defective parts. All vehicle services shall be based on the equipment manufactures recommended service and preventive maintenance procedures and schedules.
3. The Contractor shall ensure continuous vehicle availability to provide uninterrupted Front-Door services (see B.2.9.3 for description of Front-Door Service Procedures) by offering a same day replacement when an electric vehicle becomes out of order.
B.2.9.3Front-Door Service Procedures
1. The purpose of the front-door services is to offer two (2) electric vehicles to shuttle patients and other authorized personnel from the valet parking drop-off area to the Hospital main entrances at the La Jolla Campus only during the service hours stated in B.2.9.6. The COR shall designate the Hospital Main Entrances to serve as pick-up/drop-off points to shuttle patients and other authorized personnel. The Contractor shall provide two (2) drivers for passenger pick up and drop off within the valet area to ensure front-door service. See section B.2.9.2 for full description of electric vehicle requirement.
2. The Contractor shall ensure all passengers on the cart must remain seated with their seat belts buckled at all times. The carts shall not move until all passengers are secured safely.
3. The cart shall come to a complete stop and brake shall be engaged, and the driver of the cart shall exit the cart and face the passengers prior to any passenger entering or exiting the cart.
4. All carts shall be operated at a safe rate of speed while complying with all posted speed limits on VA premises, at all times.
5. Daily inspections shall be performed by the Contractor with a log of such inspections kept and issued to the COR upon request.
B.2.9.4 Parking Lot Procedures
1. The vendor is not required to furnish parking areas under this contract. The designated parking areas to be used on this contract are under Government oversight.
2. No alterations to the parking lots or parking lot stripping shall be permitted. If parking lot alterations will be required, the Contractor shall notify the Contracting Officer in writing with the recommended changes. If the recommended changes are approved, the Contractor shall be notified in writing by the Contracting Officer.
3. The Contractor shall provide full valet parking services at designated valet parking areas upon request from the COR. The Contractor shall have complete control of vehicles parked in designated valet parking area(s) in order to maximize the space available and facilitate operations. The Contractor shall be required to double stack vehicles in order to maximize the space available. The Contractor shall also be responsible for parking control and monitoring the designated parking areas assigned for full valet parking services.
4. The Contractor shall provide full valet parking services at the Critical Access parking lot.
5. The Contractor shall provide modified valet parking services at designated valet parking areas upon request from the COR. (see B.2.1 for definition of Modified valet parking services)
6. Patients driving buses or large motor vehicles shall be directed to self-park their vehicles in the parking areas designated by VA Police. The Contractor shall not be required to park these vehicles.
7. The Contractor may decline to park the following types of vehicles and shall instead direct the drivers of such vehicles to self-park in non-valet parking areas on the VA campus:
a. Vehicles modified to accommodate a specific disability for the driver which cannot be operated without additional training.
b. Vehicles which lack a functional seat belt or unsafe to drive.
c. Vehicles which do not have fully functioning doors, windows, or locks.
B.2.9.5 Signage Procedure
1. All signs shall be at least 30” x 30” and hand-written signs shall not be allowed.
2. Provide and install a minimum of two (2) "No Tipping" signs.
3. Provide and install a minimum of two (2) “Insurance Liability” signs for vehicle damage claim process.
4. Provide and install a minimum of two (2) signs explaining the After Hour Procedures (see B.2.9.7).
5. Provide temporary signs. Temporary signs shall be used to assist the flow of traffic, redefine the layout of the parking lot and prevent self-park drivers from parking in unauthorized areas within the designated valet parking lot:
• Minimum of four (4) each “Exit” and “Entrance” signs.
• Minimum of four (4) each “Patient Parking only” signs.
• Minimum of four (4) each “Valet Closed” signs.
6. The Contractor shall not install any signs without the prior guidance or written consent from the Contracting Officer or the designated COR.
7. The Contractor shall provide valet parking signs that shall be set-up each morning of operation and removed at the end of each day.
B.2.9.6 Service Hours
1. La Jolla Campus: Monday through Friday from 6:00 a.m. to 5:00 p.m. and 5:00 p.m. to 7:00 p.m. turning over keys to customers. Peak patient traffic hours are 9:00 a.m. to 1:00 p.m. National holidays excluded.
2. Mission Valley Outpatient Clinic: Monday through Thursday from 8:00 a.m. to 4:00 p.m. (full valet services). Peak patient traffic hours are 8:30 a.m. to 11:30 a.m. National holidays excluded.
3. The hours of operation may be periodically adjusted based upon volume and demand.
4. The Contractor may not close the valet during service hours without authorization from the Contracting Officer or their representative.
5. NATIONAL HOLIDAYS: The Contractor is not required to provide services on the following National Holidays nor shall the Contractor be paid for these holidays:
|New Year’s Day |January 1 |
|Martin Luther King‘s Birthday |Third Monday in January |
|President’s Day |Third Monday in February |
|Memorial Day |Last Monday in May |
|Independence Day |July 4 |
|Labor Day |First Monday in September |
|Columbus Day |Second Monday in October |
|Veterans Day |November 11 |
|Thanksgiving Day |Fourth Thursday in November |
|Christmas Day |December 25 |
6. When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday by U.S. Government agencies. Also included would be any other day specifically declared by the President of the United States as a National Holiday.
B.2.9.7 After Hours Procedures
1. VA Police shall assume custody of keys from the Contractor for any valet parked vehicles still on premises after valet parking and shuttle service hours.
2. The valet parking supervisor shall be required to turn in keys of all unclaimed vehicles still on the premises after valet parking hours to the COR. In order to maintain integrity of the vehicles, the contractor shall seal each set of keys and associated ticket number in an individual envelope. Envelopes shall be supplied by the Contractor. An inventory log of all remaining vehicles and associated ticket numbers shall be provided to the COR. Owners of these vehicles shall pick up their keys at the VA Police or by calling (858) 642-3647 for information on Key Pick-Up after hours.
B.2.9.8 Special Events Procedures
The Contractor shall be required to adjust the level of parking staff and valet parking service hours at no additional charge to the Government to accommodate the workload or extra vehicle volume during special events. The Contractor shall be notified in advance of any special events which might cause parking problems as a result of additional patients, patrons, or visitors at the participating facilities.
B.2.9.9 Reporting Procedures
1. The Contractor shall submit monthly reports to the COR within five (5) days of the end of the month. Reports to the COR shall be hand-delivered to COR. The reports shall be legible and easy to understand. Reports shall be signed by the authorized representative of the Contractor.
2. The reports shall include, but are not limited to, the following:
a. Summary of the number of vehicles valet parked by date.
b. A final summary sheet which includes the total number of vehicles.
c. Any unusual events, by date. This shall include any accidents or special situations with patients, visitors, VA employees, or VA volunteers.
d. Reports or incidences in which the assistance of the VA Police was requested.
e. Report including the number of daily inspections performed on the vehicles, used for front-door services, deficiencies and whether these deficiencies where mitigated or not. Daily inspections will be performed by Valet onsite management with a log of such inspections kept.
f. Failure to provide these reports as required may result in delay of payment to the Contractor.
3. The Contractor shall provide a sample of the types of report forms used on similar projects for approval at the Post-Award Conference.
4. Records of valet parking activity (input) shall be maintained on a daily basis to facilitate the creation of the reports (output) outlined in B.2.9.9 (2). This information shall provide documentation for appropriate staffing levels, as well as serve as a mechanism to adjust the service to meet customer demand and to reduce cost if possible.
B.2.9.10 Protocol for Incidents
1. The Contractor shall immediately report any motor vehicle accidents or theft claims to the COR.
2. All customer claims shall be directed to and handled by the supervising Contractor who shall immediately notify the COR.
B.2.9.11 Claims, Complaints and Disruptive Behavior
1. Any claims of damage or missing/stolen property involving patient/customer’s vehicles shall be the responsibility of the Contractor. The GOVERNMENT assumes no responsibility for such claims. All claims shall be settled within fourteen (14) working days, unless extenuating circumstances warrant additional time and is authorized by the Contracting Officer.
2. The Contractor shall promptly and courteously respond to complaints within twenty-four (24) hours including complaints brought to Contractor’s attention by the Contracting Officer. The Contractor shall maintain a written record of all complaints, both written and oral, indicating the identity of the individual, the nature of the complaint, and Contractor’s response. The Contractor shall permit the Government to inspect such records upon reasonable notice.
3. The Contractor shall provide adequate on site supervision at all times in order to handle disruptive behavior of any parking attendant performing under the contract.
4. The Contractor agrees to permanently remove any member of its parking staff from performing work associated with this contract, if at the sole discretion of the Contracting Officer, the employee poses a health and/or safety risk to any patient or individual requiring services or if the COR disapproves of the conduct due to interferences with the business or operation of the VASDHS.
B.2.9.12 Invoicing
1. The Contractor shall invoice the Government on a monthly basis in arrears according to the pertaining Line Item Number (LIN) and the pertaining average number of vehicles parked per day during the billing period.
2. No advance payments shall be authorized.
3. Payment of invoices may be delayed if reports are not completed and submitted as specified in this statement of work.
4. The invoice shall be itemized to include the following minimum information:
• Invoice Number and Date.
• Contract Number.
• Obligation Number.
• Date of service.
• Line item.
• Participating facility.
B.2.10 DRUG SCREENING
The Contractor shall ensure that all valet parking staff performing under this contract complies with the participating VASDHS alcohol and drug free workplace policy. A copy of this policy shall be made available to the Contractor by the COR upon request. The Contractor shall be expected to conduct random alcohol and drug tests on all valet parking staff. Random alcohol and drug tests shall be conducted at least once a year on each employee performing under the resulting contract. Valet parking staff shall also be subject to drug and alcohol testing when reasons exist to suspect the use of illegal drugs and/or alcohol while on duty that impaired judgment, performance, operation of vehicles and the safety of Veteran patients, VA employees, visitors, voluntaries and/or other valet parking staff. Upon request, the Contractor shall provide evidence or copy of the results of employee drug and alcohol testing.
B.2.11 VEHICULAR AND GENERAL PUBLIC LIABILITY
1. The Contractor shall be completely liable for all vehicle damages and general public damage while in the performance of the required services. All claims brought to the attention of the Contractor shall be immediately investigated and validated claims shall be processed for settlement.
2. The Contractor shall be required to provide and maintain insurance on all services and employees who will be providing services under this contract. Insurance shall include but not be limited to the minimum amounts stated in these specifications in accordance with the FAR regulations including FAR 52.228-5 (Insurance-Work on a Government Installation) and VAAR 852.237-70 (Contractor Responsibilities). Supplemental insurance requirements are as follow:
a. Workers’ compensation and employer's liability: Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. The required amount shall be the maximum allowed for the services being performed by law. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
b. Commercial General Liability and Garage Liability (Any Auto): A minimum coverage of $1,000,000 combined single limit and $2,000,000 aggregate limit is required.
c. Garage-keepers Liability: A minimum of $200,000 limit is required.
3. The Contractor shall provide the Contracting Officer insurance certificate(s) evidencing the required minimum coverages before commencement of services under this contract. Failure to maintain the proper insurance will be considered a breach of contract and may result in termination for default. The Department of Veterans Affairs shall also be named as an additional insured on the above and the insurance must be maintained during the entire performance of the contract. The COR shall be notified at least thirty (30) days prior to any cancellation or reduction of coverage. As noted herein, the Contractor shall be held responsible for any and all claims or damages caused during the performance of the Contractor’s services.
B.2.12 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the Contractor’s performance. The oversight provided for in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance, and provides verifiable input for the required Past Performance Information Assessments. see D.1).
B.2.13 QUALIFICATIONS
The Contractor shall provide experienced, fully trained valet parking attendants and supervisors, have a valid California State Driver’s License, be legal residents or U.S. citizens and be fluent in the English language. It is preferred that all parking attendant drivers be at least 21 years of age. Contractor Staff shall have no criminal history, and be able to perform all general duties, functions, and activities as necessary. The Contractor’s Staff qualifications shall also include expertise in the proper operation of all types of vehicles, and a commitment to the highest level of respect, courtesy, compassion, and safety. The Contractor shall furnish at no cost to the Government evidence of qualifications and competency assessment of all employees upon request. Such evidence shall include but are not limited to copies of driver’s licenses, DMV printouts, and copies of security background checks performed by the Contractor.
B.2.14 TRAINING
All parking attendants shall be required to attend a facility orientation program on safety, health, and emergency procedures at the VA San Diego. This training shall be scheduled at a post award meeting mutually agreeable to both parties. After the initial Government orientation training, it is the responsibility of the Contractor to train employees assigned to this contract on safety, health, and emergency procedures. The Contractor shall maintain documentation certifying that all employees assigned to the contract have received the aforementioned training.
B.2.15 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS AND BACKGROUND SCREENING
1. In accordance with VHA Directive 0710 all Contractor Staff providing services under this contract shall be the subject to a background screening and must receive favorable adjudication from the VA prior to contract performance. The level of screening for this contract is: Special Agency Check.
2. Any employee whose background investigation yields unfavorable results, at the sole discretion of the Government, shall be removed immediately from performance under this contract. In the event the screening is not completed prior to contract performance, the Contractor shall be responsible for the actions of those individuals performing under the contract.
3. The cost for such investigations shall be borne by the Contractor. At this time, the current estimated cost per individual for such investigation is as follows:
|LEVEL OF SENSITIVITY |BACKGROUND INVESTIGATION |APPROXIMATE COST |
| |LEVEL | |
| | | |
|SAC |Special Agency Check |$66.00 |
4. The Contractor shall be required to furnish all applicable employee information required to conduct the investigation, such as, but not limited to, the name, address, and social security number of Contractor’s personnel. The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation.
B.2.16 ON-SITE MANAGEMENT
1. The Contractor shall designate a full-time supervisor to be on-site during set-up, tear-down operations, and performance of the work. The Contractor shall provide adequate on-site supervision at all times in order to handle customer concerns and parking incidents.
2. Duties of the supervisor shall also include but not be limited to customer relations, training, and improving all valet services, coordinating all work and other matters with the COR.
B.2.17 REGULATORY COMPLIANCE
The Contractor shall be responsible for complying with all appropriate regulations and guidelines of the Occupational Safety and Health Administration (OSHA), Department of Transportation, and/or any other pertinent federal, state, and local policies relating to the herein mentioned work or valet parking services. The Contractor shall provide adequate on-site supervision at all times in order to achieve quality assurance and to handle all customer concerns and parking incidents.
B.2.18 UNIFORM
1. The Contractor’s Staff shall wear uniforms with identification of contractor and employee’s name. Uniforms must be consistent in style and color and be worn at all times during performance of contract duties. Contractor Staff shall present a neat and clean appearance and be easily recognized as contractor staff.
2. Contract Staff shall not utilize clothing, signs, or any other item that conveys support for a particular political party or figure, union, or other personal statement.
B.2.19 OVERTIME AND HOLIDAYS
Any overtime or holiday pay that may be entitled to Contractor personnel performing under this contract shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.
B.2.20 PARKING POLICY
It is the responsibility of Contractor Staff to park only in designated parking areas. Parking information is available from the VA Police. The VA shall not invalidate or make reimbursement for parking violations of Contractor personnel under any circumstances.
B.2.21 SMOKING POLICY
The Contractor Staff may smoke only in designated areas.
B.2.22 BADGES
All Contractor personnel shall be required to wear VA provided identification (I.D.) badges above the waist at all times while on the VA grounds. The Contractor shall be required to coordinate with COR in order to obtain the VA provided I.D. badges for all staff. All VA provided I.D. badges shall be returned at the end of the contract or as requested by the COR. Failure to wear I.D. badges may result in removal from federal property.
B.2.23 CELL PHONE POLICY
The Contractor shall be required to adopt and enforce policies that ban text messaging and use of personal cell phones and other electronic data/media devices by Contractor Staff while driving Company-owned/rented vehicles, Government-owned vehicles or Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.
B.2.24 GOVERNMENT FURNISHED EQUIPMENT
VA will provide wheelchairs for front-door service.
B.2.25 POST-AWARD CONFERENCE
The Contractor shall attend a post-award conference with the COR for contract orientation purposes. The Contractor shall provide a sample of the types of report forms used on similar projects for approval at the Post-Award Conference.
B.3 PRICE SCHEDULE
ITEM INFORMATION
|BASE YEAR: 04/25/2016 THROUGH 04/24/2017 |
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[X] (4) 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).
[] (5) 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).
[] (6) 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).
[] (7) 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).
[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
[] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
(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 (OCT 2015) (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 $700,000 ($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) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212).
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
(xi)(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).
(xii) 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).
(xiii) 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).
(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
(xvi) 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).
(xvii) 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.
(xviii) 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.
(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)
C.4 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)
This solicitation includes VAAR 852.219-10. 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)
C.5 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)
(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding $0 (ZER0) dollars.
(b) The maximum amount for which the Government shall be liable if this contract is terminated is $0 (ZER0) dollars.
(End of Clause)
C.6 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 .
(End of Clause)
C.7 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 04/25/2016 through 04/24/2017.
(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.8 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 one (1) month, 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 twelve (12) months per base or option year;
(2) Any order for a combination of items in excess of $88,000.00 per month; or
(3) A series of orders from the same ordering office within 365 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 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.9 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 six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days from end of performance period.
(End of Clause)
C.10 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 thirty (30) days from end of performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) 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.11 52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)
(a) Service employee, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term "service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.
(b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified.
(1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work.
(2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation.
(i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days.
(ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495.
(iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract.
(iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment).
(c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Labor Standards statute, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee's past performance, has failed to perform suitably on the job (see 29 CFR 9.12(c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions.
(2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements.
(3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause.
(d)(1) The Contractor shall, not less than 30 days before completion of the Contractor's performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors.
(2) Immediately upon receipt of the certified service employee list but not before contract award, the Contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.
(3) The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR chapter 9) to service employees of their possible right to an offer of employment with the successor contractor. Where a significant portion of the predecessor Contractor's workforce is not fluent in English, the notice shall be provided in English and the language(s) with which service employees are more familiar. The written notice shall be—
(i) Posted in a conspicuous place at the worksite; or
(ii) Delivered to the service employees individually. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice.
(e)(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion.
(2) Immediately upon receipt of the certified service employee list but not before contract award, the Contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.
(f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compliance with this clause for not less than a period of three years from the date the records were created.
(1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made.
(2) A copy of any record that forms the basis for any exemption claimed under this part.
(3) A copy of the service employee list provided to or received from the contracting agency.
(4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee, the period covered by such payment, and the date of payment, and a copy of any receipt form provided by or authorized by the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employee, with the Administrator or an authorized representative within 10 days after payment is made.
(g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause (52.233-1) of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S. Department of Labor, and the service employees under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes to file a complaint, or ask questions concerning this contract clause, to the: Branch of Government Contracts Enforcement, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Contact email: displaced@.
(h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s) available for inspection, copying, or transcription upon request.
(i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.
(j) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the Contractor may request that the United States, through the Secretary, enter into such litigation to protect the interests of the United States.
(k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other Government contract with the same prime Contractor, such sums as an authorized official of the Department of Labor requests, upon a determination by the Administrator, the Administrative Law Judge, or the Administrative Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate. If the Contracting Officer or the Administrator, upon final order of the Secretary, finds that the Contractor has failed to provide a list of the names of service employees working under the contract, the Contracting Officer may, in his or her discretion, or upon request by the Administrator, take such action as may be necessary to cause the suspension of the payment of contract funds until such time as the list is provided to the Contracting Officer.
(l) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract, the Contractor shall include a provision that ensures—
(1) That each subcontractor will honor the requirements of paragraphs (b) through (c) of this clause with respect to the service employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor Contractor and its subcontractors;
(2) That the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs (d) and (e) of this clause; and
(3) The recordkeeping requirements of paragraph (f) of this clause.
(End of Clause)
C.12 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)
(a) Definitions. As used in this clause—
"Driving"—
(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.
(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.
"Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.
(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009.
(c) The Contractor is encouraged to—
(1) Adopt and enforce policies that ban text messaging while driving—
(i) Company-owned or -rented vehicles or Government-owned vehicles; or
(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.
(2) Conduct initiatives in a manner commensurate with the size of the business, such as—
(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold.
(End of Clause)
C.13 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):
|FAR Number |Title |Date |
|52.203-17 |CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF |APR 2014 |
| |WHISTLEBLOWER RIGHTS | |
|52.204-4 |PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER |MAY 2011 |
|52.222-50 |COMBATING TRAFFICKING IN PERSONS |MAR 2015 |
|52.223-15 |ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS |DEC 2007 |
|52.223-16 |ACQUISITION OF EPEAT®-REGISTERED PERSONAL COMPUTER PRODUCTS ALTERNATE I (JUN 2014) |OCT 2015 |
|52.228-5 |INSURANCE—WORK ON A GOVERNMENT INSTALLATION |JAN 1997 |
|52.228-7 |INSURANCE—LIABILITY TO THIRD PERSONS |MAR 1996 |
|52.233-3 |PROTEST AFTER AWARD |AUG 1996 |
|52.233-4 |APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM |OCT 2004 |
|52.244-6 |SUBCONTRACTS FOR COMMERCIAL ITEMS |DEC 2015 |
|52.246-25 |LIMITATION OF LIABILITY—SERVICES |FEB 1997 |
|852.203-70 |COMMERCIAL ADVERTISING |JAN 2008 |
|852.237-70 |CONTRACTOR RESPONSIBILITIES |APR 1984 |
(End of Clause)
C.14 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)
(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.
(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.
(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.
(End of Clause)
C.15 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009)
(a) Definition. For the Department of Veterans Affairs, "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 (or eligible surviving spouses);
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;
(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; and
(iv) The business has been verified for ownership and control and is so listed in the Vendor Information Pages database, ().
(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).
(b) General. (1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.
(2) Any award resulting from this solicitation shall be made to a service-disabled veteran-owned small business concern.
(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for:
(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns;
(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other eligible service-disabled veteran-owned small business concerns;
(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns; or
(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns.
(d) A joint venture may be considered a service-disabled veteran owned small business concern if--
(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;
(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and
(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation.
(4) The joint venture meets the requirements of 13 CFR 125.15(b).
(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.
(End of Clause)
C.16 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, e-mail, 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)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
D.1 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
a. A QASP was created as a joint effort between the Network Contacting Office 22 (NCO 22) and the VASDHS to provide a systematic method to evaluate performance for the resulting contract. The QASP explains the following:
1) What will be monitored
2) How monitoring will take place
3) Who will conduct the monitoring
4) How monitoring efforts and results will be documented
b. Roles and Responsibilities
1) The Contracting Officer (CO) shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the Government in the contractual relationship. The CO shall also ensure 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.
2) The Contracting Officer Representative (COR) is responsible for technical administration of the contract and shall ensure 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.
3) The Contractor Point of Contact (POC) is a designated employee responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act on behalf of the Contractor on all matters relating to the daily performance of this contract.
c. Performance Standard Matrix
The following proposed Performance Standard Matrix includes Performance Standards, the Acceptable Quality Level (AQL), and method of surveillance and incentives. The Government shall use these standards to determine the contractor’s performance and shall compare contractor performance to the AQL.
|Table 2. RISK MANAGEMENT TABLE |
|Task |Task ID |Indicator |Standard |Acceptable Quality|Method of |Incentive |Rating O=outstanding (no |
| | | | |Level |Surveillance | |more than one violation),|
| | | | | | | |A=acceptable (no more |
| | | | | | | |than two violations), |
| | | | | | | |U=unacceptable (three |
| | | | | | | |violations or more) |
| |2 |Reports |The Contractor shall submit |No more than one |Direct Observation |Option Periods | |
| | | |the reports in accordance |violation |by COR | | |
| | | |with the Statement of Work | | | | |
| |3 |Patient Assistance |Contractor personnel shall |No more than two |Direct Observation |Option Periods | |
| | | |perform Patient Assistance as|violations |by COR | | |
| | | |instructed by COR | | | | |
| |4 |After Hour Procedures|Contractor personnel shall |No more than one |Direct Observation |Option Periods | |
| | | |perform After Hours |violation |by COR | | |
| | | |Procedures in accordance with| | | | |
| | | |the Statement of Work | | | | |
| |5 |Normal Hours |Contractor personnel shall |No more than one |Direct Observation |Option Periods | |
| | | |adhere to Normal Hours in |violation |by COR | | |
| | | |accordance with the | | | | |
| | | |Statement of Work | | | | |
| |6 |Training |The Contractor shall provide |No more than one |Periodic Inspection |Option Periods | |
| | | |employee training related to |violation |by COR | | |
| | | |security, medical | | | | |
| | | |emergencies, and patient | | | | |
| | | |privacy in accordance with | | | | |
| | | |the Statement of Work | | | | |
|Table 2. RISK MANAGEMENT TABLE (Continuation) |
|Task |Task ID |Indicator |Standard |Acceptable |Method of |Incentive |Rating O=outstanding (no |
| | | | |Quality Level |Surveillance | |more than one violation),|
| | | | | | | |A=acceptable (no more |
| | | | | | | |than two violations), |
| | | | | | | |U=unacceptable (three |
| | | | | | | |violations or more) |
| |9 |Liability |The Contractor shall adhere to |No more than one |Periodic Inspection|Option Periods | |
| | | |Liability in accordance with |violation |of Proof of | | |
| | | |the Statement of Work | |Liability documents| | |
| | | | | |by COR | | |
| |10 |Badges and I.D. |Contractor personnel shall |No more than two |Direct Observation |Option Periods | |
| | | |adhere to Badges and |violations |by COR | | |
| | | |Identification expectations in | | | | |
| | | |accordance with the Statement | | | | |
| | | |of Work | | | | |
| |11 |Uniform and |Contractor personnel shall |No more than one |Direct Observation |Option Periods | |
| | |Appearance |adhere to Uniform and |violation |by COR | | |
| | | |Appearance in accordance with | | | | |
| | | |the Statement of Work | | | | |
| |12 |Cell Phone Policy |Contractor personnel shall |No more than one |Direct Observation |Option Periods | |
| | | |adhere to Cell Phone Use |violation |by COR | | |
| | | |expectations in accordance with| | | | |
| | | |the Statement of Work | | | | |
| |13 |Smoking Policy |Contractor personnel shall |No more than one |Direct Observation |Option Periods | |
| | | |adhere to Smoking Policy in |violation |by COR | | |
| | | |accordance with the Statement | | | | |
| | | |of Work | | | | |
| |14 |Drug and Alcohol |Contractor personnel shall |No more than one |Direct Observation |Option Periods | |
| | | |adhere to Drug and Alcohol |violation |by COR | | |
| | | |Policy in accordance with the | | | | |
| | | |Statement of Work | | | | |
| |15 |Safety |The Contractor shall adhere to |No more than one |Periodic Inspection|Option Periods | |
| | | |Safety in accordance with the |violation |of training records| | |
| | | |Statement of Work | |by COR | | |
d. Performance Standards
Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards. The following Performance Standard Matrix includes the proposed performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).
e. Incentives
Incentives shall be based on exceeding, meeting, or not meeting performance standards. It is determined that the Government shall use Option Periods as an incentive for Contractor’s acceptable performance.
f. Ratings
Ratings are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:
1) Outstanding Performance: exceeds standards and expectations.
2) Acceptable Performance: meets standards and expectations.
3) Unacceptable Performance: Does not meet standards and expectations.
g. Documentation
a. Outstanding Performance and Acceptable Performance.
The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.
b. Unacceptable performance
1) When unacceptable performance occurs, the COR shall inform the contractor. This will be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place the documentation in the COR file and submit one copy to the CO.
2) 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.
3) 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.
4) Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.
h. Frequency of Measurement
Quarterly surveillance is proposed during contract performance. The COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed and change the frequency at his/her discretion. Upon surveillance completion, the COR shall meet with the contractor to assess performance and shall provide a written assessment.
D.2 REGISTER OF WAGE DETERMINATION FOR SAN DIEGO COUNTY
WD 05-2057 (Rev.-18) was first posted on on 01/05/2016
************************************************************************************
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
|
|
|
| Wage Determination No.: 2005-2057
Daniel W. Simms Division of | Revision No.: 18
Director Wage Determinations| Date Of Revision: 12/29/2015
_______________________________________|____________________________________________
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for
calendar year 2016 applies to all contracts subject to the Service Contract
Act for which the solicitation was issued on or after January 1, 2015. If this
contract is covered by the EO, the contractor must pay all workers in any
classification listed on this wage determination at least $10.15 per hour (or
the applicable wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar year 2016. The EO
minimum wage rate will be adjusted annually. Additional information on
contractor requirements and worker protections under the EO is available at
whd/govcontracts.
____________________________________________________________________________________
State: California
Area: California Counties of Imperial, San Diego
____________________________________________________________________________________
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations
01011 - Accounting Clerk I 15.61
01012 - Accounting Clerk II 17.52
01013 - Accounting Clerk III 19.61
01020 - Administrative Assistant 25.04
01060 - Dispatcher, Motor Vehicle 19.16
01070 - Document Preparation Clerk 14.63
01090 - Duplicating Machine Operator 14.63
01111 - General Clerk I 13.54
01112 - General Clerk II 15.34
01113 - General Clerk III 17.22
01120 - Housing Referral Assistant 20.30
01141 - Messenger Courier 12.23
01191 - Order Clerk I 14.73
01192 - Order Clerk II 16.08
01261 - Personnel Assistant (Employment) I 18.29
01262 - Personnel Assistant (Employment) II 20.67
01263 - Personnel Assistant (Employment) III 23.10
01270 - Production Control Clerk 22.89
01280 - Receptionist 13.16
01290 - Rental Clerk 16.09
01300 - Scheduler, Maintenance 17.28
01311 - Secretary I 17.28
01312 - Secretary II 18.08
01313 - Secretary III 20.30
01320 - Service Order Dispatcher 17.60
01410 - Supply Technician 24.51
01420 - Survey Worker 19.16
01531 - Travel Clerk I 13.51
01532 - Travel Clerk II 14.76
01533 - Travel Clerk III 16.21
01611 - Word Processor I 16.07
01612 - Word Processor II 18.04
01613 - Word Processor III 20.18
05000 - Automotive Service Occupations
31000 - Transportation/Mobile Equipment Operation Occupations
31020 - Bus Aide 14.37
31030 - Bus Driver 17.56
31043 - Driver Courier 13.59
31260 - Parking and Lot Attendant 10.07
31290 - Shuttle Bus Driver 14.66
31310 - Taxi Driver 12.33
31361 - Truckdriver, Light 14.66
31362 - Truckdriver, Medium 18.11
31363 - Truckdriver, Heavy 20.85
31364 - Truckdriver, Tractor-Trailer 20.85
99000 - Miscellaneous Occupations
99030 - Cashier 12.02
99050 - Desk Clerk 10.60
____________________________________________________________________________________
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or
successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service
includes the whole span of continuous service with the present contractor or
successor, wherever employed, and with the predecessor contractors in the
performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther
King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor
Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A
contractor may substitute for any of the named holidays another day off with pay in
accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does
not apply to any employee who individually qualifies as a bona fide executive,
administrative, or professional employee as defined in 29 C.F.R. Part 541. Because
most Computer System Analysts and Computer Programmers who are compensated at a rate
not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per
week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.
400) wage rates may not be listed on this wage determination for all occupations
within those job families. In addition, because this wage determination may not
list a wage rate for some or all occupations within those job families if the survey
data indicates that the prevailing wage rate for the occupation equals or exceeds
$27.63 per hour conformances may be necessary for certain nonexempt employees. For
example, if an individual employee is nonexempt but nevertheless performs duties
within the scope of one of the Computer Systems Analyst or Computer Programmer
occupations for which this wage determination does not specify an SCA wage rate,
then the wage rate for that employee must be conformed in accordance with the
conformance procedures described in the conformance note included on this wage
determination.
Additionally, because job titles vary widely and change quickly in the computer
industry, job titles are not determinative of the application of the computer
professional exemption. Therefore, the exemption applies only to computer employees
who satisfy the compensation requirements and whose primary duty consists of:
(1) The application of systems analysis techniques and procedures, including
consulting with users, to determine hardware, software or system functional
specifications;
(2) The design, development, documentation, analysis, creation, testing or
modification of computer systems or programs, including prototypes, based on and
related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer
programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which
requires the same level of skills. (29 C.F.R. 541.400).
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you
work at night as part of a regular tour of duty, you will earn a night differential
and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday
premium of 25% of your basic rate for each hour of Sunday work which is not overtime
(i.e. occasional work on Sunday outside the normal tour of duty is considered
overtime work).
HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees
employed in a position that represents a high degree of hazard when working with or
in close proximity to ordinance, explosives, and incendiary materials. This
includes work such as screening, blending, dying, mixing, and pressing of sensitive
ordance, explosives, and pyrotechnic compositions such as lead azide, black powder
and photoflash powder. All dry-house activities involving propellants or explosives.
Demilitarization, modification, renovation, demolition, and maintenance operations
on sensitive ordnance, explosives and incendiary materials. All operations
involving regrading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that
represents a low degree of hazard when working with, or in close proximity to
ordance, (or employees possibly adjacent to) explosives and incendiary materials
which involves potential injury such as laceration of hands, face, or arms of the
employee engaged in the operation, irritation of the skin, minor burns and the
like; minimal damage to immediate or adjacent work area or equipment being used.
All operations involving, unloading, storage, and hauling of ordance, explosive, and
incendiary ordnance material other than small arms ammunition. These differentials
are only applicable to work that has been specifically designated by the agency for
ordance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract, by the employer, by the state or
local law, etc.), the cost of furnishing such uniforms and maintaining (by
laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage
determination. The Department of Labor will accept payment in accordance with the
following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an
adequate number of uniforms without cost or to reimburse employees for the actual
cost of the uniforms. In addition, where uniform cleaning and maintenance is made
the responsibility of the employee, all contractors and subcontractors subject to
this wage determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount, or the furnishing of contrary
affirmative proof as to the actual cost), reimburse all employees for such cleaning
and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in
those instances where the uniforms furnished are made of "wash and wear"
materials, may be routinely washed and dried with other personal garments, and do
not require any special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set by the terms
of the Government contract, by the contractor, by law, or by the nature of the work,
there is no requirement that employees be reimbursed for uniform maintenance costs.
The duties of employees under job titles listed are those described in the
"Service Contract Act Directory of Occupations", Fifth Edition, April 2006,
unless otherwise indicated. Copies of the Directory are available on the Internet. A
links to the Directory may be found on the WHD home page at .
gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at
.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form
1444 (SF 1444)}
Conformance Process:
The contracting officer shall require that any class of service employee which is
not listed herein and which is to be employed under the contract (i.e., the work to
be performed is not performed by any classification listed in the wage
determination), be classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination. Such
conformed classes of employees shall be paid the monetary wages and furnished the
fringe benefits as are determined. Such conforming process shall be initiated by
the contractor prior to the performance of contract work by such unlisted class(es)
of employees. The conformed classification, wage rate, and/or fringe benefits shall
be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)}
When multiple wage determinations are included in a contract, a separate SF 1444
should be prepared for each wage determination to which a class(es) is to be
conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed
occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order
proposed classification title(s), a Federal grade equivalency (FGE) for each
proposed classification(s), job description(s), and rationale for proposed wage
rate(s), including information regarding the agreement or disagreement of the
authorized representative of the employees involved, or where there is no authorized
representative, the employees themselves. This report should be submitted to the
contracting officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report
of the action, together with the agency's recommendations and pertinent
information including the position of the contractor and the employees, to the Wage
and Hour Division, Employment Standards Administration, U.S. Department of Labor,
for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or
disapproves the action via transmittal to the agency contracting officer, or
notifies the contracting officer that additional time will be required to process
the request.
5) The contracting officer transmits the Wage and Hour decision to the contractor.
6) The contractor informs the affected employees.
Information required by the Regulations must be submitted on SF 1444 or bond paper.
When preparing a conformance request, the "Service Contract Act Directory of
Occupations" (the Directory) should be used to compare job definitions to insure
that duties requested are not performed by a classification already listed in the
wage determination. Remember, it is not the job title, but the required tasks that
determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split, combine, or subdivide
classifications listed in the wage determination.
D.3 PAST PERFORMANCE SHEET
|Facility/ Company Name |
|Address |
|Contract Number |
|Phone Number |
|Point of Contact |
|Start/End of contract |
| |
|Facility/ Company Name |
|Address |
|Contract Number |
|Phone Number |
|Point of Contact |
|Start/End of contract |
| |
|Facility/ Company Name |
|Address |
|Contract Number |
|Phone Number |
|Point of Contact |
|Start/End of contract |
NOTE: To be filled by the Offeror and return with offer.
D.4 HISTORICAL DATA – REPORT OF VEHICLES PARKED PER DAY
LA JOLLA CAMPUS ONLY
[pic]
SECTION E - SOLICITATION PROVISIONS
E.1 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE
(a) Definition. In accordance with 38 U.S.C. 8127, for the Department of Veterans Affairs, 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 (or eligible surviving spouses) (38 U.S.C. 8127(h) and (k)(2)(A)(i)); and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veteran (or eligible surviving spouse) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran (38 U.S.C. 8127(h) and (k)(2)(A)(ii)); and
(iii) The business meets federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document (38 U.S.C. 8127(k)(1)); and
(iv) The business is listed in the Vendor Information Pages, ().
(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).
(3) Surviving Spouse is an individual as defined in 38 U.S.C. 101(3).
(b) General.
(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.
(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.
(c) Agreement. A service-disabled veteran-owned small business concern agrees that, in the performance of the contract, in the case of a contract for
(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other service-disabled veteran-owned small business concerns;
(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other service-disabled veteran-owned small business concerns;
(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concerns employees or the employees of other service-disabled veteran-owned small business concerns; or
(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concerns employees or the employees of other service-disabled veteran-owned small business concerns.
(d) A joint venture may be considered a service-disabled veteran owned small business concern if
(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;
(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;
(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation; and
(4) The joint venture meets the requirements of 13 CFR 125.15(b).
(e) Any service-disabled veteran-owned small business concern (nonmanufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.
(End of Provision)
E.2 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015)
(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(End of Provision)
E.3 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)
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 Affairs
810 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 Management
811 Vermont Avenue, N.W.
Washington, DC 20420
E4 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)
(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)
(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--
GSA Federal Supply Service Specifications Section
Suite 8100
470 L’Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925)
Facsimile (202 619-8978).
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--
(i) ASSIST ( ).
(ii) Quick Search ().
(iii) ().
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—
(i) Using the ASSIST Shopping Wizard ( );
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at . An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through .
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.
(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of Provision)
E.5 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS
E.5.1 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD: The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).
E.5.2 SITE VISIT: In order to afford all offerors equal opportunity to observe the physical characteristics of the job site, a one-time Site Visit will take place on Thursday March 3, 2016 at 7:30 a.m. Pacific Standard Time. Offerors shall meet at the main entrance lobby of VASDHS, La Jolla campus, located at 3350 La Jolla Village Drive, San Diego, CA 92161. This site visit includes travel to the Mission Valley Outpatient Clinic, located at 8810 Rio San Diego Drive, San Diego, CA 92108. The offerors are responsible for providing their own transportation from site to site. The site visit is anticipated to last four hours. The offerors are required to RSVP via e-mail at edgar.alvizar@ no later than March 2, 2016 at 11:30 a.m. PST with “Site Visit RSVP – Valet Parking and Front-Door Services” on the subject line.
E.5.3 SUBMISSION OF OFFERS: Offers to this solicitation shall be e-mailed not later than 08:00 a.m. PST on Tuesday March 15, 2016 to the attention of Edgar Alvizar at edgar.alvizar@ with “Solicitation Offer – Valet Parking and Front-Door Services” on the subject line. Files should be sent in PDF format and no larger than 10MB or they will be automatically rejected by the server. Vendor shall expect a confirmation e-mail indicating offer was successfully received by the Government. The Government is not responsible for rejected e-mails that exceed the e-mail capacity. Telephone and fax responses shall NOT be accepted.
E.5.4 VENDOR QUESTIONS: All questions concerning this solicitation shall be submitted to the Contracting Officer via e-mail at edgar.alvizar@ no later than Monday March 7, 2016 at 8:00 a.m. PST.
E.5.5 DISCUSSIONS WITH OFFERORS: The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be in the best interest of the Government. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
E.5.6 BASIS FOR AWARD: The best value method will be used to evaluate offers resulting from the solicitation The award shall be made to the offeror whose submission offers the best overall value to the Government, price and other factors considered. Factors and sub-factors that will affect contract award are clearly stated in Section E.2 under clause 52.212-2 “Evaluation - Commercial Items. “
E.5.7 SUBMISSION OF REQUIRED DOCUMENTS: Submission of Required Documented listed herein is a condition precedent to award of a contract. In general, LIMIT your response to no more than thirty-five (35) typewritten pages with a 12pt font-size and Times new roman font-type, including, as a minimum, the following documentation:
1. SF 1449. As a minimum, include—
a. The solicitation number;
b. The name, address, and telephone number of the offeror;
c. "Remit to" address, if different than mailing address
d. Complete block 17a and sign offer (blocks 30a, b, and c) of SF 1449.
2. Contract Administration Data. The Contractor shall fill and submit a copy of the Contract Administration Data provided in this Solicitation (See section B.1). The following is required:
a. Contractor’s mailing address and contact information.
b. Solicitation providing offeror’s DUNS number.
c. Contractor’s Primary Point of Contact (POC) and Alternate POC section.
d. Acknowledge any amendment(s), only if applicable.
3. Price/Cost Schedule. The Contractor shall fill and submit a copy of the Price/Cost Schedule provided in this Solicitation (See section B.3). No other format for the submission of the Price/Cost Schedule shall be accepted. The price stated in the offer’s Price/Cost Schedule shall be inclusive of all necessary and appropriate labor, transportation, travel, mileage, administrative functions, insurance coverage, and all other costs to provide valet parking and shuttle services in accordance with the terms, conditions, specifications, and requirements as specified in the statement of work. In addition, the Government shall not pay any cost incurred in preparation and submission of any offer.
a. Data. In order to assist the offerors to provide an accurate Price Schedule, the Government is providing a (1) Register of Wage Determination for San Diego County (see section D.2), (2) Historical Data – Report of vehicles Parked per Day (see section D.4), and (3) Estimated number of vehicles parked per day for the two (2) participating facilities.
b. Average number of vehicles parked per day. Tables 1 and 2 contain average daily number of vehicles parked per day at each facility for three different phases (Phase I, II, and III).
• Phase I is from May 1, 2016 through June 30, 2016.
• Phase II starts with the construction of a new parking structure (“garage #2”) in approximately July 1, 2016.
• Phase III starts with the construction of the Spinal Cord Injury (“SCI”) building in approximately December 1, 2016.
|Table 1- Estimated average daily number of vehicles parked per day at VASDHS, La Jolla Campus |
| |Phase I |Phase II |Phase III |
|Estimated Dates |04/25/2016 through |07/01/2016 through |12/01/2016 through 03/24/2017 |
| |06/30/2016 |11/30/2016 | |
|Number of total parking |648 |580 |480 |
|spaces | | | |
|Estimated average daily |576 total: |827 total: |365 total: |
|number of vehicles parked|213 Modified Valet |213 Modified Valet |138 Modified Valet |
|per day |363 Full Valet |614 Full Valet |648 Full Valet |
|Table 2 - Estimated average daily number of vehicles parked per day at VASDHS, Mission Valley |
| |Phase I |Phase II |Phase III |
|Estimated Dates |04/25/2016 through |07/01/2016 through |12/01/2016 through 03/24/2017 |
| |06/30/2016 |11/30/2016 | |
|Number of total parking spaces |65 |No change |No change |
|Estimated average daily number of |140 |No change |No change |
|vehicles parked per day | | | |
c. The average number of vehicles parked per day are subject to change due to the before mentioned construction phases and the loss/gain of available parking spaces.
d. The Contractor shall provide an estimated total for Base Year and four (4) option years as follows (This total is the estimated maximum price and actual payment shall be based upon actual usage):
• Estimated Total for Base Year: add the amounts from LIN 0004 through LIN 0009.
• Estimated Total for Year One (1): add the amounts from LIN 1004 through LIN 1009.
• Estimated Total for Year Two (2): add the amounts from LIN 2004 through LIN 2009.
• Estimated Total for Year Three (3): add the amounts from LIN 3004 through LIN 3009.
• Estimated Total for Year Four (4): add the amounts from LIN 4004 through LIN 4009.
4. Resumes for contractor supervisory personnel and management who will perform services under the contract. The resume shall include a brief description of prior experience and years in the related field. Resumes should clearly demonstrate the ability to perform the services required as well as formal training and work experience.
5. Provide Satisfactory Insurance Coverage. A successful bidder must present satisfactory evidence of full compliance stipulated in the Solicitation (see section B.2.10).
6. Other than price capabilities documentation required by section E.6 (FAR52.212-2 – Evaluation – Commercial Items).
7. Past Performance documentation required by section E.6 (FAR52.212-2 – Evaluation – Commercial Items).
(End of Addendum to 52.212-1)
E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)
a) BASIS FOR AWARD: The Government will award a firm fixed price indefinite quantity contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and non-price factors considered. All Offerors must submit an offer for all items for the base year and all four option years.
To be eligible for award, an offer must be rated no less than acceptable in the non-price factors. In addition, any submission that receives an unacceptable rating for any individual sub-factor may be eliminated from further consideration. Award may not necessarily be made to the lowest priced offer. If non-price factors are evaluated as comparatively equal between two or more Offerors, price may become a determinative factor.
FACTOR I: PRICE: The Government shall 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). In addition, the Government shall not pay any cost incurred in preparation and submission of any offer/submission.
FACTOR II: NON-PRICE: The offeror shall provide supporting documentation that they possess adequate training, preventive maintenance, and quality service programs. This shall include the following:
a) Sub-Factor A: Ability to manage an efficient training program that will equip contractor employees to handle customer inquiries with excellent customer service and perform accident avoidance while behind the wheel. The offer shall include a statement describing (1) the frequency of the training and (2) the subject/title of the training given to the employees.
b) Sub-Factor B: Ability to manage an efficient preventive maintenance program for the vehicles used for front-door services. The offer shall include a narrative to describe the Contractor’s (1) frequency of the vehicular inspections, (2) the employee title of those involved in vehicular inspection.
c) Sub-Factor C: Ability to perform the services adhering to high standards of Appearance and Professionalism. The offer shall include a narrative stating the (1) Appearance and Professionalism commercial standards they adhere to, and (2) the frequency of the inspections, and (3) the employee title of those involved in vehicular inspection.
d) Sub-Factor D: Ability to ensure continuous vehicle availability to provide uninterrupted front-door services as stated in B.2.9.2 (3) by offering a same day vehicle replacement when an electric vehicle becomes out of order. The offer shall include a narrative stating the contingency plan for same day vehicle replacement and the estimated replacement time.
FACTOR III: PAST PERFORMANCE: The offeror shall provide references of current contracts or contracts within the past three years of similar size, scope and/or complexity. References may include Federal, State and local Government as well as private sector customers and shall include the following information:
a) Name and Address of the Contracting Activity that awarded the current/past contract.
b) Name and telephone number of Point of Contact (Contracting Officer, COR or Manager) who would have firsthand knowledge of the Contract Performance and Satisfaction.
c) Contract number, amount, and dates of contract performance.
d) Offeror must use the “Past Performance Sheet” provided in Section D and submit it with offer.
Past performance shall be rated by the Contracting Officer. The overall Past Performance criteria shall be rated acceptable or unacceptable. To receive an overall Acceptable rating, and be considered for award, Offeror must have references of similar scope, quantity, complexity and an overall satisfactory rating to be rated as acceptable.
The Government may also use any relevant information in its possession or in the public domain. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance.
Past performance must be relevant and recent. Relevant contracts include projects in a hospital environment with similar type of work and same price range. Recent is defined as performance within the last three (3) years through the solicitation release date. The Contractor can identify contracts that include Federal, State, and local government and private for efforts similar to the Government requirement.
Non-Price factors and past performance, when combined, are more important than price.
(End of Provision)
E.7 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
(End of Provision)
E.8 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.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 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 (not applicable).
(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 $3,500 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 Product Listed 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. The Offeror represents that—
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] 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 $3,500 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)
E.10 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):
|FAR Number |Title |Date |
|52.225-25 |PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS |OCT 2015 |
| |RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS | |
|52.233-1 |DISPUTES |MAY 2014 |
|52.233-2 |SERVICE OF PROTEST |SEP 2006 |
|852.233-70 |PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION |JAN 2008 |
(End of Provision)
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15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
79
664-16-1-4083-0008
VA262-15-Q-0529
02-29-2016
Edgar Alvizar
562-766-2244
03-15-2016
00262
Department of Veterans Affairs
Network Contracting Office 22
4811 Airport Plaza Drive
Suite 600
Long Beach CA 90815
X
100
X
812930
$38.5 Million
X
N/A
N/A
X
Department of Veterans Affairs
VA San Diego Healthcare System
3350 La Jolla Village Drive
San Diego CA 92161
00262
Department of Veterans Affairs
Network Contracting Office 22
4811 Airport Plaza Drive
Suite 600
Long Beach CA 90815
Department of Veterans Affairs
Financial Services Center
Submit invoices electronically to:
tungsten-
877-489-6135
See CONTINUATION Page
Valet parking and front-door services in accordance with the
terms and conditions of the statement of work for
VA San Diego Healthcare System.
Period of Performance:
04/25/2016-04/24/2017 Base Period
04/25/2017-04/24/2018 Option Year 1
04/25/2018-04/24/2019 Option Year 2
04/25/2019-04/24/2020 Option Year 3
04/25/2020-04/24/2021 Option Year 4
SEE SECTION E.5 - ADDENDUM INSTRUCTIONS TO OFFERORS - FOR
FULL INSTRUCTIONS ON HOW TO PROPERLY SUBMIT YOUR OFFER.
See CONTINUATION Page
664-3650152-4083-840700-2580 010040190
X
X
01
Deeptichandra Chakka
Contracting Officer
................
................
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