SECTION B - CONTINUATION OF SF 1449 BLOCKS - Veterans …



TC "SECTION A" \l 1TC "A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS" \l 2PAGE 1 OF1. REQUISITION NO. 2. CONTRACT NO.3. AWARD/EFFECTIVE DATE4. ORDER NO.5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATEa. NAMEb. TELEPHONE NO. (No Collect Calls)8. OFFER DUE DATE/LOCALTIME9. ISSUED BYCODE10. THIS ACQUISITION IS UNRESTRICTED ORSET ASIDE: % FOR:SMALL BUSINESSHUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAMEDWOSB8(A)NAICS:SIZE STANDARD:11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK ISMARKEDSEE SCHEDULE12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TO CODE16. ADMINISTERED BYCODE17a. CONTRACTOR/OFFERORCODEFACILITY CODE18a. PAYMENT WILL BE MADE BYCODETELEPHONE NO.DUNS:DUNS+4:PHONE:FAX:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDSEE ADDENDUM19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(Use Reverse and/or Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA26. TOTAL AWARD AMOUNT (For Govt. Use Only)27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDAAREARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAAREARE NOT ATTACHED28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFERCOPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIEDSET FORTH HEREIN IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)30c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)31c. DATE SIGNEDAUTHORIZED FOR LOCAL REPRODUCTION(REV. 2/2012)PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.2127. FOR SOLICITATIONINFORMATION CALL:STANDARD FORM 1449OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSVA248-15-Q-205305-02-2016Marie Smith407-646-423105-31-20161600Department of Veterans AffairsOrlando VA Medical Center13800 Veterans WayOrlando FL 32827x624221$11 MillionXN/AXDepartment of Veterans AffairsOrlando VA Medical Center13800 Veterans WayOrlando Fl 3282700675Department of Veterans AffairsNetwork Contracting Activity 8 (NCO 8)Orlando VA Medical Center13800 Veterans WayOrlando FL 32827 Department of Veterans AffairsFinancial Services CenterP.O. Box 149971Austin TX 78714-9971See CONTINUATION PageSee CONTINUATION PageXMarie E. SmithTable of Contents TOC \o "1-4" \f \h \z \u \x SECTION A PAGEREF _Toc448993337 \h 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc448993338 \h 1SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc448993339 \h 4B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc448993340 \h 4B.2 PRICE/COST SCHEDULE PAGEREF _Toc448993341 \h 5SECTION C - CONTRACT CLAUSES PAGEREF _Toc448993363 \h 33C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2015) PAGEREF _Toc448993364 \h 33C.2 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) PAGEREF _Toc448993365 \h 39C.3 52.216-18 ORDERING (OCT 1995) PAGEREF _Toc448993366 \h 39C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) PAGEREF _Toc448993367 \h 40C.5 52.216-21 REQUIREMENTS (OCT 1995) PAGEREF _Toc448993368 \h 40C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) PAGEREF _Toc448993369 \h 41C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) PAGEREF _Toc448993370 \h 41C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) PAGEREF _Toc448993371 \h 41C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc448993372 \h 42C.10 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc448993373 \h 42C.11 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) PAGEREF _Toc448993374 \h 42C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc448993375 \h 42C.13 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) PAGEREF _Toc448993376 \h 44C.14 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc448993377 \h 45C.15 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) PAGEREF _Toc448993378 \h 45C.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc448993379 \h 45C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (FEB 2016) PAGEREF _Toc448993380 \h 46SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc448993381 \h 53SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc448993382 \h 77E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2015) PAGEREF _Toc448993383 \h 77E.2 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015) PAGEREF _Toc448993384 \h 81E.3 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc448993385 \h 81E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc448993386 \h 82E.5 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc448993387 \h 83E.6 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc448993388 \h 83E.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) PAGEREF _Toc448993389 \h 84E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc448993390 \h 84E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc448993391 \h 85E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc448993392 \h 85E.11 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) PAGEREF _Toc448993393 \h 86SECTION B - CONTINUATION OF SF 1449 BLOCKSB.1 CONTRACT ADMINISTRATION DATA(continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: b. GOVERNMENT: Contracting Officer 36C248 Department of Veterans AffairsOrlando VA Medical Center13800 Veterans WayOrlando FL 32827 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:[X]52.232-34, Payment by Electronic Funds Transfer—Other Than System For Award Management, or[]52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[] b. Semi-Annually[] c. Other[x] Monthly in ARREARS of Service 4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.Department of Veterans AffairsFinancial Services CenterP.O. Box 149971Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:AMENDMENT NODATEB.2 PRICE/COST SCHEDULEITEM INFORMATIONITEM NUMBERDESCRIPTION OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT10001Emergency Housing Services in accordance with Performance Work Statement herein.Contract Period: BasePOP Begin: 07-01-2016POP End: 06-30-20170.00____________________________________10002Emergency Housing Services in accordance with Performance Work Statement herein.Contract Period: Option 1POP Begin: 07-01-2017POP End: 06-30-20180.00____________________________________10003Emergency Housing Services in accordance with Performance Work Statement herein.Contract Period: Option 2POP Begin: 07-01-2018POP End: 06-30-20190.00____________________________________10004Emergency Housing Services in accordance with Performance Work Statement herein.Contract Period: Option 3POP Begin: 07-01-2019POP End: 06-30-20200.00____________________________________10005Emergency Housing Services in accordance with Performance Work Statement herein.Contract Period: Option 4POP Begin: 07-01-2020POP End: 06-30-20210.00____________________________________GRAND TOTAL__________________PERFORMANCE WORK STATEMENTORLANDO VA MEDICAL CENTERHEALTH CARE FOR HOMELESS VETERANS (HCHV)CONTRACTED EMERGENCY RESIDENTIAL SERVICES (CERS)EMERGENCY HOUSINGBACKGROUNDEnding homelessness among Veterans was established as a national priority by the Department of Veterans Affairs Secretary, Eric Shinseki, in November 2009 at the National Summit on Ending Veterans Homelessness. In June 2010, the U.S. Interagency Council on Homelessness (USICH) released Opening Doors: Federal Strategic Plan to Prevent and End Homelessness, which is fully aligned with this goal. Eliminating Veteran Homelessness remains a goal in VA’s 2014-2020 Strategic Plan.The Orlando VA Medical Center located at 13800 Veterans Way, Orlando VA 32827, has a requirement for Contracted Emergency Residential Services for the six counties in corporate Orlando (Orlando, Brevard, Volusia, Osceola Seminole and Lake). The Health Care for Homeless Veterans (HCHV) program is an essential and critical part of VHA, providing a gateway to VA and community-based supportive services for eligible Veterans who are homeless. The program uses Contracted Residential Services in community locations to engage homeless Veterans who have been underserved. Many of these Veterans would benefit from mental health and Substance Use Disorder (SUD) treatment but will not avail themselves of these services without the encouragement of outreach workers.PROGRAM DESCRIPTIONThe HCHV Contracted Emergency Residential Services (CERS) Program exists to provide a means of removing homeless Veterans from the street or habitation unfit for humans and placing them in community-based, residential environments with sufficient supportive services to meet their basic needs and ultimately, facilitate the improvement of their overall health status and housing situation.HCHV CERS Program characteristics:Targets and prioritizes homeless Veterans who are eligible for VA health care, and are transitioning from chronic literal street homelessness, Veterans being discharged from institutions (including those in need of medical respite), and Veterans who recently became homeless and require safe and stable living arrangements while they seek permanent housingB.1.2. Seeks to reduce barriers to immediate placement. Does not require any length of sobriety or abstinence from alcohol or other substances as a condition of admissionProvides safe, secure housing as well as supportive servicesLengths of Stay typically range from 30 to 60 days with the option to extend based on clinical needVeterans are expected to meaningfully engage their case managers and available ProgrammingEmphasis is placed on achieving placement in permanent housing or longer term residential programs that offer path to increased housing stabilization at the time of program exit, and reducing negative exits due to rule violations or other avoidable circumstances.House Rules and ExpectationsRules focus on staff and resident safety.No buying or selling of alcohol or drugs in the facilityNo dealing or use of illicit drugs in the facilityNo sexual activity between residentsNo violence or threats of violenceHonor nightly curfewWhen possible, infractions are to be used to engage residents, not simply as grounds for service termination. Negative discharges will be monitored as a measure of program quality.Veterans are expected to engage programming and maintain communication with case managers at all times around matters relating to admission, stay, and treatmentAdmission PracticesStaff will assist residents with admission forms and eligibility determination with VAFacility works to reduce barriers to admission:Accepts referrals throughout day, evening to at least 11:00pm, weekends, and holidays.Flexibility with admission processesAdmission CriteriaHomeless VeteranEligible for VA Health CareOverview of Types of Services Available to ResidentsSafe, Secure housing (includes laundry and restroom facilities)Three daily nutritious mealsCase Management and Care Coordination ServicesVocational ServicesBenefits ServicesEnhancement of Independent Living SkillsPermanent/ Transitional housing search supportPERFORMANCE WORK STATEMENTOBJECTIVEContractor shall provide emergency housing and supportive services for homeless Veterans for the Orlando VA Medical Center 13800 Veterans Way, Orlando Fl 32827 for the six counties in corporate Orlando (Orlando, Brevard, Volusia, Osceola Seminole and Lake) in accordance with the HCHV CERS model requirements. Services are expected to consist of supportive, secure housing for homeless Veterans, many of whom may also be dealing with substance use disorders and/or mental illness. The program places an expectation on the Veteran to engage in supportive case management services, and also on the contractor to provide expertise and guidance for improving housing stability to ensure a transition from homelessness to permanent, stable housing. Contractors must comply with all HCHV CERS requirements as identified below.HCHV CERS PROVIDER QUALIFICATIONS & CAPABILITY REQUIREMENTSContractor shall utilize the Housing First approach, with reduced barriers for program entry. Veterans cannot be denied entry to HCHV Contracted Residential Services based solely upon length of current abstinence from Alcohol or non-prescribed controlled substances, the number of previous treatment episodes, the time interval since the last program entry, the use of prescribed controlled substances, or legal history;Contractor shall ensure that any Veteran impaired by alcohol or other substances (not in need of emergency care) is clearly separated from the general resident population; Contractor shall assist Veteran’s requiring emergency services (medical or psychiatric) with quickly accessing appropriate care from a VA or community facility, as appropriate;Contractor shall provide secure, separate housing and bathroom accommodations for males and females; common use of kitchen facilities and dining rooms is acceptable;Contractor shall provide services twenty-four (24) hours a day for Veteran placements lasting up to ninety (60) days per Veteran. Extensions beyond initial ninety (60) days should be authorized in writing by VA Liaison; extensions beyond six (6) months must be prior-approved by the Social Work Service Contract Coordinator/ COR;Contractor shall provide three daily nutritious meals and reasonable accommodation for special dietary needs;Contractor shall provide a means for clients to wash their own clothes or otherwise tend to laundry at no additional cost to the Veteran;Contractor shall provide secure, appropriate storage for both Veteran belongings and medication;Contractor shall provide quality case management services that utilize a Housing First approach and includes elements of motivational interviewing, harm reduction, and critical time intervention, and other best practices that focus on the Veteran obtaining permanent housing;Contractor shall maintain a minimum of one staff member on site at all times to ensure appropriate responses to matters involving Veterans safety;Contractor shall provide a working phone line and ensuring reasonably prompt communication with the VA is possible at all times;DIRECT VETERAN CLINICAL SERVICES: 60% of time involves direct service to VeteransOccupancy: Referrals and approved admissions are based on needs and preferences of the Veterans in the local area. Therefore, actual occupancy may vary.C.3.2 Care Planning: Contractor shall engage the veteran in a collaborative assessment of needs, including barriers to stable housing, and create an initial plan of care to address those concerns within 14 days of admission. This plan is to be updated as needed throughout the Veterans episode of care.Case Management: Contractor shall provide individual case management meetings at least three (3) times per month (preferably once per week) that focus, at a minimum, on: housingsearch and stabilization, increasing income, any necessary coordination of ongoing participation in care provided by VA/community medical and/or mental health care providers, and ongoing discharge planning.Medication Storage: Contractor shall provide, at a minimum, a means of securely and properly storing all medications brought into the program for Veteran use. Veterans may self-administer medications, but storage should ensure that no other residents are able to access an individual Veterans medications. Any suspicion or concern of misuse is to be reported to VA Liaison immediately following incident reporting protocol.Exits to Independent Housing: Contractor shall promote a focus on achieving stable, independent housing for all Veterans referred for care; exits to permanent, independent housing will be monitored as an indicator of overall program quality utilizing data provided by the VHA Support Service Center’s Homeless Service Scorecard – the target rate for exits to this type of housing will be 40% or higher. Target may be adjusted to match any changes with national VA targets.Negative Exits: Contractor shall facilitate Veteran completion of the HCHV CERS Program to the maximum extent possible, while still maintaining program integrity and safety; “Negative Exits,” which shall be defined as discharges involving Veterans being asked to leave the program due to rule violation or otherwise leaving the program without consulting program staff in any way, shall be monitored on a continuous basis utilizing data provided by the VHA Support Service Center’s Homeless Service Scorecard – the target rate for these types of exits will be 30% or less. Target may be adjusted to match any changes with national VA targets.ADMINISTRATIVE SERVICES: 40% of time does not involve direct service to VeteransDetermination of Eligibility: Authorized VA Liaison or designee shall be responsible for determining Veteran eligibility and approval for placement into HCHV CERS Bed. A Veteran must be homeless and eligible for VA health care in order to be considered for admission to any CERS Program. Failure to establish VA approval and eligibility prior to admission may result in denial of payment for services provided. Release of Information: Contractor shall ensure that a signed VA Release of Information (ROI) is obtained for any Veteran being admitted to an HCHV CERS Bed and placed into individual case record.Individual Case Records: Contractor shall maintain an individual case record for each referred Veteran. Case records must be maintained in security and confidence as required by the Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR part II) and the Confidentiality of Certain Medical Records (38 USC 7332), and in accordance with the Health Insurance Portability and Accountability Act (HIPAA: Pub. Law. 104–191). Records should contain at a minimum: Reason for referral; pertinent demographic information; copies of any medical prescriptions/orders issued by physicians; case management/treatment notes; any critical incident reports; and a final summary that include reason(s) for leaving, the Veteran’s known future plans, and follow-up locator information, if available.Homeless Management Information System (HMIS) Data Reporting: Veterans served through VA’s HCHV CERS program must have client level data entered into the local Community Continuum of Care’s (CoC) HMIS. Data entered must include, at a minimum, the Universal Data Elements from the current HMIS Data Standards.Daily Census Sign-In Sheet: Contractor shall be responsible for collecting Veteran participant signatures on a daily census sign-in sheet to verify attendance in the program. This information is to be provided to the VA Liaison as requested in order to ensure effective monitoring of bed utilization.Incident Reporting: Contractor shall notify the VA immediately when any adverse critical incident involving a Veteran admitted to the program occurs. Critical Incidents shall include:FallsElderly/Dependent Adult Abuse or NeglectSexual AssaultFire (Veteran Involved)Medical or Mental Health Emergency (911 Calls)HospitalizationSuicidal ideation or attemptHomicidal ideationAssault (of other residents or Staff)DeathInfectious Control Concerns (Bed Bugs, TB, etc.)Active Substance AbuseObservation/ Possession of WeaponsDuring normal business hours, the identified VA Liaison, HCHV Coordinator or COR should be contacted immediately by phone to report an incident; if the incident occurs after hours, the local VA Facility Administrator on Duty (AOD) should be notified by telephone. A written report shall be sent to the VA Liaison and/or COR within 24 business hours of the incident. Contractor shall maintain a copy of all critical incident reports in the involved Veteran’s individual case record.Extension Requests: Contractor shall ensure that all requests for extension of services beyond the initially authorized service period of 60 days are reviewed and approved in writing by the VA Liaison (or Social Work Service Contract Coordinator/ COR for requests exceeding six (6) months).Satisfaction Surveys: Contractor shall administer, collect, and deliver monthly to VA Liaison customer service surveys completed by Veterans in the program. A copy of the survey tool will be provided by the VA Liaison and/or COR. This survey will be the primary tool for reporting Veteran satisfaction data in VA specialized homeless programs; it is to be administered to and collected from any Veterans who have resided in the program for at least of thirty (30) days.Discharge Reporting: Contractor shall be responsible for notifying the identified VA Liaison (or designee) within 24 business hrs. that a discharge has occurred, and for providing a written report of discharge that contains the specific data required by the Northeast Program Evaluation Center (NEPEC) for documentation of discharge in the Homeless Operations and Management Evaluation System (HOMES) within 48 business hrs.DELIVERABLESQUALITY CONTROL BUSINESS PLAN: Contractor shall submit a Quality Control Business Plan that supports the program objectives and associated tasks. The CO shall review and comment as necessary to ensure that contract goals are met.STAFFING AND SERVICE PLAN: Contractor shall provide a detailed staffing and service plan. Plan should demonstrate that sufficient professional personnel are employed to carry out the policies, responsibilities, and services required under this contract. The Contractor must identify each person functioning as “Key Personnel” under this contract, and provide the VA with a description of the services to be provided by each person. The Contractor shall assign to this contract personnel that by education and/or training (and, when required, certification or licensure) are qualified to provide the services required by this PWS. Contractor may be required to supply a resume(s) summarizing relevant skills and experience of any/all key personnel upon request. Minimum Key Personnel requirements are as follows:One administrative staff member, or designee of equivalent professional capability (with the authority to make decisions regarding the facility and residents, or with contact information for an offsite administrator in case of emergency), on duty on the premises or providing awake supervision of residents and staff 24 hours a day, 7 days a week.Sufficient case management/counseling personnel to provide direct services to Veteran residents; Case managers should have some training and experience working with homeless individuals and the Housing First approach; experience working with individuals dealing with chronic medical, mental health and substance abuse problems is highly desirable. Staff working with Veterans should be able to assess, anticipate, and effectively refer Veterans experiencing crises for additional support as appropriate.D.2.4. At least one staff or security member with Cardiopulmonary Resuscitation (CPR) certification will be on site and available in an emergency during each shift, 24 hours per day.Contractor shall provide resumes for any proposed substitutions of key personnel at least 15 days proposed date substitution is to occur. The Contracting Officer shall notify the contractor within fifteen (15) calendar days after receipt of all required information if the VA is able to accept the proposed substitute key personnel. Temporary substitutions of key personnel shall be permitted in accordance with the contractor’s contingency plan. The contractor’s contingency plan will to be utilized if personnel leave the contractor’s employment or are unable to continue performance, in accordance with the terms and conditions of the resulting contract, will be submitted to the CO as a part of the proposal package. The CO is the ultimate authority on acceptable length for temporary substitution of key personnel.The VA reserves the right to refuse or revoke acceptance of any key personnel if personal, professional conduct, lack of required skills or experience jeopardizes patient care or interferes with the regular and ordinary operation of the facility and the HCHV CERS Program.DOCUMENTATION OF SUPPORTIVE SERVICES: Contractor shall provide written documentation constituted by the individual Veteran case record that verifies the provision of all supportive services required under this contract for each Veteran participant.CARE PLAN: The written plan of care shall be completed and entered into the individual Veteran case record no later than day 14 days after being admitted to the program. An individual clinical record will be developed with the assistance of the VA staff and maintained by the contractor on each Veteran placed under this contract. CASE RECORDS: All case records will be maintained with such security and confidentiality as required, and will be made available on a need-to-know basis to appropriate VA staff members involved with the care of the Veterans concerned. The clinical record maintained by the contractor will include:D.5.1 Reasons for referral;D.5.2 Essential identifying data relevant to the Veteran and Veteran's family; D.5.3 Data relating to the Veteran's admission to include medical condition and housing needs.D.5.4 Record or log of medical prescriptions issued by physicians; D.5.5 Reports of periodic re-evaluation by program staff, to include any measures of movement toward recovery goals and establishing independent housing.D.5.6 Discharge summaries on each Veteran who leaves the program to include a description of the Veteran’s housing plan/status, the Veteran's future plans, and if possible, follow-up locator information. D.5.7 Hosing/service plan and housing/service plan reviews. When requested, the contractor will provide copies of each Veteran's housing plan/review to the VA medical center.D.5.8 It is agreed that the VA may readily have access to all medical records concerning the Veteran’s care with the contractor. Upon discharge or death of the Veteran, medical records on all VA beneficiaries will be retained by the contractor for a period of at least five years following termination of care.CRITICAL INCIDENT REPORTS: Written critical incident reports must be submitted to the VA Liaison within 24 business hours (VA Liaison/AOD to be notified immediately or as soon as possible when incidents occur).EXTENSION REQUESTS: Written requests for extension are due prior to the 60th day when it is anticipated the Veteran will require additional time beyond the initially authorized service period, and prior to the expiration of the initial and any and all subsequent future extension authorizations.DISCHARGE PLANNING: The contractor is the primary agency responsible for discharge planning. Discharge planning shall begin upon admission. Discharge planning shall address and coordinate appropriate follow up services, housing needs, economic stability, support networks, and other relevant needs of the Veteran. The contractor will attempt, and document, follow up with Veterans that unexpectedly leave the program.SATISFACTION SURVEYS: All satisfaction surveys are to be provided to the VA Liaison at the end of each month.DAILY CENSUS SIGN-IN SHEET: Contractor shall provide a daily census sign-in sheet to the VA Liaison as requested.INVOICES: The monthly invoice is computed at the daily rate multiplied by the total number of beds occupied by Veterans at midnight each night of the given month. Invoices should first be submitted to the VA Liaison for approval by the 5th of the month immediately following the billing period in question. Once approved, invoices are to be submitted through the Tungsten Network (Electronic Invoicing System) by the 10th of the month; all electronic invoices submitted should be accompanied additional documents directed by the CO/COR.QUARTERLY PERFORMANCE REPORT: Contractor shall provide the COR with a written report detailing program data and activities on a quarterly basis. The report should contain, at minimum, the following information:Total Number of Veterans ServedPercent of Veterans discharged to independent housingPercent of negative discharges (i.e. discharges due to rule violation, failure to comply with program requirements, or unexpected discharges without prior consultation with staff).Other information the contractor feels pertinent, such as: quality improvement projects, changes in staffing or business practices, systems or resource concerns, etc.REFERRALSThe VA is responsible for determining eligibility of Veterans prior to admission to contractor bed for services. The contractor is expected to work with identified VA Liaison or other designees to confirm eligibility; it is understood that payment for Veterans admitted without an initial determination of eligibility may not be authorized if the Veteran is found to be ineligible.A list of authorized VA approving personnel, including primary identified VA Liaison, shall be made available to the contractor upon award of the contract. VA employees may be added or deleted from this list during the term of the contract at the discretion of VA. The contractor shall not deviate from the list of individuals authorized to approve admissions without an updated list.Referral constitutes authorization of an initial service period of up to 60 days (unless otherwise specified).ABSENCES AND CANCELLATIONContractor shall notify VAMC of any absences from the facility. Absences of the patient from the facility in excess of forty-eight (48) hours will not be reimbursable except those with the prior approval of the VAMC coordinator. Should a veteran who is referred to a contracted emergency residential facility absent himself/herself in an unauthorized manner, payment for services for that Veteran to the contract facility would be continued for a maximum period of two days provided there is an active outreach attempt on the part of the contractor facility staff to return the Veteran to the residential treatment program and a strong likelihood that the patient will return. Management of Negative Exits will be an element of quality assurance review of this program.Contractor may consider providing an authorized absence (or “pass”) for purposes that are expected to further the recovery goals of a Veteran (e.g., job-related absences, family visits, housingsearches, medical, etc.). All requests for passes must be documented in writing in the Veterans individual case record. Authorized absences shall not exceed 48 hours in any given month for any single Veteran, unless otherwise approved by contractor and VA Liaison.VA reserves the right to remove any or all Veterans from the facility at any time without additional cost, when it is determined to be in the best interest of the Veteran or VA.CONDUCTContractor shall comply with the principles listed in 38 CFR 17.707(b) to provide housing and supportive services in a manner that is free from religious discrimination.Local law enforcement and/or fire departments should be contacted for assistance and intervention as appropriate and indicated by any given circumstances.Contractor shall also notify the VA Liaison, AOD, or COR immediately of any high risk situations involving veterans with suicidal and/or homicidal threats or ideation, episodes of physical or sexual violence, sexual activities, safety concerns, or activities involving illegal substances so that appropriate response may be coordinated.In the event of a medical or psychiatric emergency, it is agreed that every effort will be made to facilitate Veteran access to local VA Medical Center for care. If a VA Medical Center is not available in the vicinity or is otherwise inconveniently located, the Contractor will advise the VA Liaison or AOD of the facility to which the Veteran has been admitted. The Contractor will also be expected to assist Veteran’s requiring non-urgent services with accessing appropriate care from a VA or community facility, as PLAINTS: The identified VA Liaison and the Contracting Officer’s Representative (COR) will monitor the services being provided in all HCHV CERS Facilities. The contractor is expected to cooperate with VA Staff and COR by providing information and answering questions in a timely manner when requested. Contractor shall refer complaints received directly from Veterans to the identified VA Liaison or COR within 48 hours of complaint. All complaints received by the VA Liaison or COR will be immediately forwarded to the contractor and shall be investigated promptly. After investigation and clarification of disposition, the contractor shall respond to the VA Liaison or COR within five (5) working days or less with proposed resolution or plan for corrective action. The CO shall be notified in instances where the proposed course of action or response does not appear sufficient to resolve any given complaint.TRAVELContractor shall assist Veterans with arranging local transportation to scheduled meetings and appointments. Contractor shall help Veterans understand and learn how to utilize public transportation; this includes providing access to information and clarifying instructions necessary to effectively utilize public transit systems. If the Veteran does not have the financial means, the contractor shall provide a bus pass or other transportation assistance when appropriate. If contractor and VA staff both determine that public transportation is not available, adequate, or appropriate for any Veteran, the contractor will be expected to assist the Veteran with identifying potential alternative modes of transport.FACILITIESGeneral Requirements: It is the responsibility of the Contractor to properly maintain its facilities and the VA shall have no responsibility for paying or reimbursing the Contractor for such expenses. The contract facility must:J.1.1 Have a current occupancy permit issued by the local and state governments in the jurisdiction where the facility is located.Be in compliance with existing standards of State safety codes and local, and/or State health and sanitation codes.Meet the requirements of the Americans with Disabilities Act (ADA) (Public Law 100-336, 42 USC 12101-12213) pertaining to handicapped accessibility in effect on the date of contract award.Where applicable is licensed under State or local authority.Where applicable, be accredited by the State.Be equipped with operational air conditioning /heating systemsBe kept clean free of dirt, grime, mold, or other hazardous substances and damage noticeably detract from the overall appearance.Be equipped with first aid equipment and an evacuation plan in case of emergency.Have windows and doors that can be opened and closed in accordance with manufacturer standards.Have an aggressive on-going plan to address bed bug infestation. This policy must be a part of your written response to this solicitation. On-going bed bug infestation will be grounds for immediate discharge of Veterans from the facilityFire Safety Requirements:The building must meet the requirements of the applicable residential occupancy chapters of the current version of NFPA 101, National Fire Protection Association's Life Safety Code. Any equivalencies or variances must be approved by VANCHCS DirectorFire exit drills must be held at least quarterly. Residents must be instructed in evacuation procedures when the primary and/or secondary exits are blocked. A written fire plan for evacuation in the event of fire shall be developed and reviewed annually. The plan shall outline the duties, responsibilities and actions to be taken by the staff and residents in the event of a fire emergency. This plan shall be implemented during fire exit drills. A written policy regarding tobacco smoking in the facility shall be established and enforced.J.2.4. Portable fire extinguishers shall be installed at the facility. Use NFPA 10, Portable Fire Extinguishers, as guidance in selection and location requirements of extinguishers. Requirements for fire protection equipment and systems shall be in accordance with NFPA 101. All fire protection systems and equipment, such as the fire alarm system, smoke detectors, and portable extinguishers, shall be inspected, tested and maintained in accordance with the applicable NFPA fire codes and the results documented.Inspection: Prior to the award of any contract and annually thereafter during any subsequent contracted performance periods, a multidisciplinary VA team consisting of a social worker, dietitian or nutrition and food service professional, nursing or pharmacy staff, VA Police, and a Safety and Occupational Health Specialist, as well as any other subject matter experts determined necessary by the medical center director, CO, COR, HCHV Coordinator, or VA Liaison, shall conduct a survey of the contractor’s facilities to be used to provide Veterans food, shelter, and clinical services to assure the facility provides acceptable level quality care in a safe environment. Additional inspections may also be carried out, announced or unannounced at any other time as deemed necessary by VA.The contractor will be advised of the findings of the inspection team. If deficiencies are noted during any inspection, the contractor will be given a reasonable amount of time (typically 30 days) to take corrective action and to notify the Contracting Officer that the corrections have been made. If corrections are not remedies within a reasonable amount of time the Contracting Officer will be notified, and shall be the final arbiter on the necessary resulting consequences and action which may result in removal of veterans from the facility or other administrative actions.The inspection of the Contractor facilities will include inspection for conformity to the current Life Safety Code as described in paragraph 5, and will also include the following:General observation of residents to determine if they maintain an acceptable level of personal hygiene and grooming.Assessment of whether the facility meets applicable fire, safety and sanitation standards.Determining whether the facility is in attractive surroundings conducive to social interaction and the fullest development of the resident's rehabilitative potential.Observation of facility operations to see if appropriate organized activity programs are available during waking hours (including evenings) and degree to which a high level of activity is observed in the facility, such as individual professional counseling, physical activities, assistance with health and personal hygiene.Seeking evidence of facility-community interaction, demonstrated by the nature of scheduled activities or by information about resident flow out of the facility, e.g., community activities, volunteers, local consumer services, etc.Observation of staff behavior and interaction with residents to determine if they convey an attitude of genuine concern and caring.Inspecting the types of meals and other nutrition provided to residents to see if appetizing, nutritionally adequate meals are provided in a setting, which encourages social interaction and if nutritious snacks between meals and bedtime are available for those requiring or desiring additional food, when it is not medically contraindicated.Making a spot check of Veterans’ records to ensure accuracy with respect to Veterans’ length of stay and services provided to the Veterans.All Department of Veterans Affairs inspection findings for residential facilities furnishing treatment and rehabilitative services to eligible Veterans shall, to the extent necessary, be made available to all government agencies charged with the responsibility of licensing or otherwise regulating or inspecting such institutions.K. GENERALK.1. In the event a beneficiary receiving residential care under this contract dies, the contractor will promptly notify Orlando VA Healthcare System office authorizing admission and immediately assemble, inventory and safeguard the Veteran’s personal effects. The funds, deposits, and effects left on the premises by Orlando VA Medical Center Veteran shall be delivered by the contractor to the person or persons entitled thereto under the laws currently governing the Veterans, unless the beneficiary died without leaving a will, heirs, or next of kin capable of inheriting. When disposition has been made, the itemized inventory with a notation as to the disposition of the funds and effects will be immediately forwarded to the Orlando VA Medical Center Liaison or designated point of contact. Should a deceased leave no will, heirs, or next of kin his personal property and funds wherever located vests in and becomes the property of the United States in trust. In these cases the contractor will forward an inventory of any such property and funds in its possession to the appropriate Department of Veterans Affairs office and will hold them (except articles of clothing necessary for proper burial) under safeguard until instructions are received from the Department of Veterans Affairs concerning disposition.K.2. It is agreed that the contractor will notify the Orlando VA Medical Center immediately when a medical emergency requiring hospitalization occurs. It is agreed that the Veterans will be admitted to an appropriate VA facility. When such admission is not feasible because of the nature of the emergency, it is agreed that hospitalization in a non-Federal hospital may be accomplished provided VA authorization is obtained. If hospitalization of a non-emergency nature is required, it is agreed that admission to the VA hospital will be accomplished promptly.K.3. The contractor agrees and warrants that it does not maintain nor provide dual or segregated patient facilities, which are segregated on the basis of race, creed, color or National origin. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by local custom. The term facilities shall include but not be limited to rooms, wards, sections, eating areas, drinking fountains, entrances, etc. It is agreed that the Department of Veterans Affairs will have the right of access to the center and all appurtenances by an authorized representative(s) designated by the Department of Veterans Affairs, to determine whether acceptable standards are maintained and adequate care is being rendered.K.4. The contractor agrees to accept referral of and to provide all services specified in this contract for any person determined eligible by the Orlando VA Medical Center Liaison or designee, regardless of the race, color, religion, sex or national origin of the person for whom such services are ordered. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP):Commercial Services Contract: Emergency Housing PURPOSE: This QASP is a Government developed document used to ensure that the Government receives quality services, and pays only for services actually provided. The QASP provides a systematic method to evaluate the services the Contractor is required to furnish.SCOPE: The role of Government Quality Assurance is to ensure contract standards are achieved. The QASP provides guidelines and methods for the Government's oversight of the Contractor's quality control efforts to assure timely, effective services are provided IAW the contract order. The Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract.RECORDS: All records will be retained for the life of this contract. The COR/QAE will forward these records to the CO upon completion of the contract/order.CHANGES: The QASP is a living document and, as such, may be changed as needed. However, the CO must approve changes. The COR will submit recommended changes to the CO for approval.ROLES AND RESPONSIBILITIES:Contracting Officer (CO) - A person duly appointed with the authority to enter into, administer and terminate contracts on behalf of the Government. The CO is the only person who can legally commit the Government and only the CO, as the Government's agent, can modify the contract/order. The CO is the final authority for determining the adequacy of the Contractor's performance. CO decisions arising under or relating to the contact are final.Contracting Officer's Representative (COR) — An individual designated in writing by the CO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor's performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority' rests solely with the CO.Quality Assurance Evaluator (QAE) — An individual designated by the requiring, activity to assist the COR and provide technical oversight of the Contractor's performance. The QAE's primary duty is to monitor the Contractor's performance by physically checking to see that tasks are completed. reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the QAE will report the unacceptable performance to the COR. The QAE is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.METHOD OF SURVEILLANCE: Simplified methods of surveillance will be used by the Government to evaluate contractor performance. The primary methods of surveillance are periodic assessments of service and customer feedback.Periodic Assessment of Services — For services that occur over a number of months, the COR will evaluate Contractor performance on a quarterly basis and upon completion of services. Generally, the Government will rely on the Contractor's Quality Control system to ensure that services conform to contract quality requirements before they are tendered to the Government for acceptance.Customer Feedback — Customer feedback is typically obtained via telephone or email. Telephonic customer complaints must be followed up in writing/email. To be considered valid, the customer complaint must clearly articulate the nature of the complaint, time, date, etc. The COR will investigate the complaint; if determined valid, the COR will advise the CO and the Contractor of the deficiency. Copies of valid complaints and the resolution must be retained in the official contract file.SURVEILLANCE PROCEDURES: The COR/QAE will evaluate the Contractor's performance quarterly against Performance Standards established in the contract/order. Evaluations will be to the extent practical to assure the contractor provides quality services IAW the requirements of the contract. Evaluations could be evaluation, /validation of contractor supplied performance data, as well as analysis of Customer feedback, for performance trends and to ensure valid customer concerns are resolved timely.If at any time the COR/QAE receives indicators (e.g..valid customer complaints or notes Performance Standards are not being met) that the Contractor's performance is less than acceptable, the COR/QAE will investigate to determine if this is a onetime issue that has been promptly corrected, or if the discrepancy is systemic in nature. If the issue is determined to be an isolated occurrence, the COR will continue with Quarterly Evaluations. If the issue is recurring and systemic in nature, the COR/QAE will perform more frequent evaluations.The COR/QAE will notify the Contractor each time an unacceptable observation has been recorded and ask the Contractor to correct the problem. The COR will record the contract requirement, the specific deficiency to the requirement, the date and time it was discovered, and have the Contractor initial the entry. The Contractor will be given two working days after notification to correct the deficiency in accordance with requirements of the contract. Deficiencies that cannot be corrected within two working days will be reported to the Contracting Officer.The COR/QAE will re-examine services that are found deficient. Failure to complete corrective actions will be reported immediately to the CO for further action.Upon satisfactory completion of the work, the COR/QAE will accept the services provided and authorize payment, by approving the Contractor's invoice in Wide Area Workflow.SURVEILLANCE STANDARD: The Performance Standard set forth in the SOW and Line items is the standard the Contractor must meet for services to be deemed acceptable. Generally, under commercial services contracts, the Government is relying on the Contractor's assurances that the services conform to contract requirements. Consistent with FAR 52.212-4, Contract Terms and Conditions, (a) Inspection and Acceptance, the Contractor shall only tender for acceptance those services that conform to the requirements of the contract/order. The Government may require re-performance of nonconforming services at no increase in contract price. The Government reserves the right to refuse acceptance of nonconforming services. In no case shall the Government's right to inspect services under the inspection provisions of the contract be prejudiced.QUALITY ASSURANCE SURVEILLANCE FILE: The COR/QAE file should contain: a) Copy of the COR appointment letter from the CO, any changes to that letter and any termination lettersb) Training Certifications for COR c) Copy of the contract and all contract modifications d) Copy of the applicable Quality Assurance Surveillance Plan (QASP)e) Copy of the contractor's Quality Control Plan (QCP) f) All correspondence initiated by authorized representatives (Contractor or Government) concerning performance of the contract g) Names, position titles and contact information of all key personnel assigned to this contract both Government and Contractor h) Surveillance schedules i) Surveillance Checklists j) Records of all inspections performed and the results k) Customer Feedback l) Memoranda for record of minutes of any meeting, telephone conversations and discussions with the contractor or others pertaining to the contract or contract performance m) Documentation pertaining to acceptance of services, reports or dataDELIVERABLE TIME TABLEDeliverablesDue DatesQUALITY CONTROL BUSINESS PLANDue upon solicitation close dateSTAFFING AND SERVICE PLANDue upon solicitation close dateDOCUMENTATION OF SUPPORTIVE SERVICES:Completed Veteran case record due within 48 business hours of the service; due for review upon request.CARE PLANDue in Veteran case record by day 14; due to VA upon requestCRITICAL INCIDENT REPORTSDue within 24 business hours of a critical adverse event involving a VeteranEXTENSION REQUESTSDue prior to the expiration of any authorized period of serviceDISCHARGE REPORTSDue within 48 business hours of Veteran dischargeSATISFACTION SURVEYSDue at the end of each monthly service periodDAILY CENSUS SIGN-IN SHEETMaintained daily; due for review upon request.INVOICESDue to VA Liaison by the 5th of the month immediately following the billing period in question; due in Tungsten Network (electronic billing system) by the 10th of the month immediately following the billing period in question.The aforementioned monitoring items shall be submitted to the Contracting Officer or designee monthly or during the contractor’s billing cycle.? The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the contractor's or its health care providers' professional medical judgment, diagnosis, or specific medical treatments, in accordance with FAR 52.237-7(a) DEVIATION.KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS: ?The Contractor shall assign to this contract the following key personnel:1) ______________________________? 3) ___________________________2) ______________________________ 4) ____________________________????? a. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.? The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.? After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.????? b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.? Proposed substitutes shall have comparable qualifications to those of the persons being replaced.? The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes.? The contract will be modified to reflect any approved changes of key personnel.????? c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person.? Any period exceeding two weeks will require the procedure as stated above.SECTION C - CONTRACT CLAUSESC.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2015) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights— (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.— (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall— (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if— (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on— (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through . (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.(End of Clause)ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract:C.2 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) (a) The Contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with 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. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause 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. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.(End of Clause)C.3 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 through . (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.4 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 , 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 ; (2) Any order for a combination of items in excess of ; or (3) A series of orders from the same ordering office within 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.5 52.216-21 REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) 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.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.(End of Clause)C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.(End of Clause)C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.(End of Clause)C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.(End of Clause)C.10 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.11 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.(End of Clause)C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at .) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of Clause)C.13 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) (a) It is expressly agreed and understood that this is a non- personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor or its health-care providers are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered, including by example, the Contractor's or its health-care providers' professional medical judgment, diagnosis, or specific medical treatments. The Contractor and its health-care providers shall be liable for their liability-producing acts or omissions. The Contractor shall maintain or require all health-care providers performing under this contract to maintain, during the term of this contract, professional liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *__________________. However, if the Contractor is an entity or a subdivision of a State that either provides for self-insurance or limits the liability or the amount of insurance purchased by State entities, then the insurance requirement of this contract shall be fulfilled by incorporating the provisions of the applicable State law.* Amounts are listed below: (b) An apparently successful offeror, upon request of the Contracting Officer, shall, prior to contract award, furnish evidence of the insurability of the offeror and/or of all health- care providers who will perform under this contract. The submission shall provide evidence of insurability concerning the medical liability insurance required by paragraph (a) of this clause or the provisions of State law as to self-insurance, or limitations on liability or insurance. (c) The Contractor shall, prior to commencement of services under the contract, provide to the Contracting Officer Certificates of Insurance or insurance policies evidencing the required insurance coverage and an endorsement stating that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. Certificates or policies shall be provided for the Contractor and/or each health- care provider who will perform under this contract. (d) The Contractor shall notify the Contracting Officer if it, or any of the health-care providers performing under this contract, change insurance providers during the performance period of this contract. The notification shall provide evidence that the Contractor and/or health-care providers will meet all the requirements of this clause, including those concerning liability insurance and endorsements. These requirements may be met either under the new policy, or a combination of old and new policies, if applicable. (e) The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts for health-care services under this contract. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraph (a) of this clause.* Amounts from paragraph (a) above: (End of Clause)C.14 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of . Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.(End of Clause)C.15 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) The contractor agrees to provide all services specified in this contract for any person determined eligible by the Department of Veterans Affairs, regardless of the race, color, religion, sex, or national origin of the person for whom such services are ordered. The contractor further warrants that he/she will not resort to subcontracting as a means of circumventing this provision.(End of Provision)C.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): (End of Clause)FAR NumberTitleDate52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTSAPR 201452.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCEJUL 201552.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 2013(End of Addendum to 52.212-4)C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (FEB 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [X] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). [X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [] (ii) Alternate I (NOV 2011) of 52.219-3. [X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (JAN 2011) of 52.219-4. [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2015) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (OCT 2015) of 52.219-9. [X] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). [X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). [X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (36)(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (OCT 2015) of 52.223-13. [] (37)(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (39)(i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (41) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of 52.225-3. [X] (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.222-17, Non-displacement of Qualified Workers (MAY 2014) (E.O. 13495). [] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (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). [] (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). [X] (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, Non-displacement 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 (FEB 2016) (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)SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSWD 96-0358 (Rev.-30) was first posted on on 01/05/2016FL/HH/MS**********************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON, D.C. 20210 | | Daniel W. Simms Division of Wage | Wage Determination No: 1996-0358Director Determinations | Revision No: 30 | Date Of Revision: 12/29/2015----------------------------------------------------------------------------------Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 forcalendar year 2016 applies to all contracts subject to the Service Contract Actfor which the solicitation was issued on or after January 1, 2015. If thiscontract is covered by the EO, the contractor must pay all workers in anyclassification listed on this wage determination at least $10.15 per hour (orthe applicable wage rate listed on this wage determination, if it is higher) forall hours spent performing on the contract in calendar year 2016. The EO minimumwage rate will be adjusted annually. Additional information on contractorrequirements and worker protections under the EO is available atwhd/govcontracts.State: FloridaArea: Florida Counties of Brevard, Indian River----------------------------------------------------------------------------------**Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATEFood & Lodging: 07041 - Cook I 10.66 07042 - Cook II 12.76 07070 - Dishwasher 7.83 07130 - Food Service Worker 8.54 07260 - Waiter/Waitress 8.54 11060 - Elevator Operator 8.54 11210 - Laborer, Grounds Maintenance 8.54 11240 - Maid or Houseman 8.54 99030 - Cashier 8.54 99050 - Desk Clerk (see 1) 8.54Halfway House & Residential Community Treatment: 01011 - Accounting Clerk I 10.70 01012 - Accounting Clerk II 11.57 01111 - General Clerk I 10.10 01311 - Secretary I 12.49 01611 - Word Processor I 10.10 07041 - Cook I 10.66 07042 - Cook II 12.76 07070 - Dishwasher 7.83 07130 - Food Service Worker 8.54 11150 - Janitor 8.54 11210 - Laborer, Grounds Maintenance 8.54 11240 - Maid or Houseman 8.54 23370 - General Maintenance Worker 11.35 27101 - Guard I 10.07 27102 - Guard II 11.33 99050 - Desk Clerk (see 1) 10.10Moving & Storage: 21020 - Forklift Operator 10.66 21050 - Material Handling Laborer 9.25 21110 - Shipping Packer 10.66 21410 - Warehouse Specialist 10.66 31361 - Truckdriver, Light 10.66 31362 - Truckdriver, Medium 11.35 31363 - Truckdriver, Heavy 12.07 31364 - Truckdriver, Tractor-Trailer 12.76__________________________________________________________________________________ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 5 years, 4 weeks after 15 years, and 5 weeks after 20years. Length of service includes the whole span of continuous service with thepresent contractor or successor, wherever employed, and with the predecessorcontractors 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 LutherKing Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day,Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (Acontractor may substitute for any of the named holidays another day off with payin accordance with a plan communicated to the employees involved.) (See 29 CFR4.174)THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THEFOLLOWING:1) Rates are applicable only under the appropriate occupational category.** 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 stateor local law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne byan employee where such cost reduces the hourly rate below that required by thewage determination. The Department of Labor will accept payment in accordancewith the following standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for theactual cost of the uniforms. In addition, where uniform cleaning and maintenanceis made the responsibility of the employee, all contractors and subcontractorssubject to this wage determination shall (in the absence of a bona fidecollective bargaining agreement providing for a different amount, or thefurnishing of contrary affirmative proof as to the actual cost), reimburse allemployees for such cleaning and maintenance at a rate of $3.35 per week (or $.67cents per day). However, in those instances where the uniforms furnished aremade of "wash and wear" materials, may be routinely washed and dried with otherpersonal garments, and do not require any special treatment such as drycleaning, daily washing, or commercial laundering in order to meet thecleanliness 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 requirementthat 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 theInternet. A links to the Directory may be found on the WHD home page at or through the Wage Determinations On-Line (WDOL)Web site at FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {StandardForm 1444 (SF 1444)}Conformance Process:The contracting officer shall require that any class of service employee whichis not listed herein and which is to be employed under the contract (i.e., thework to be performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination. Suchconformed classes of employees shall be paid the monetary wages and furnishedthe fringe benefits as are determined. Such conforming process shall beinitiated by the contractor prior to the performance of contract work by suchunlisted class(es) of employees. The conformed classification, wage rate, and/orfringe benefits shall be retroactive to the commencement date of the contract.{See Section 4.6 (C)(vi)} When multiple wage determinations are included in acontract, a separate SF 1444 should be prepared for each wage determination towhich 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 conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing inorder proposed classification title(s), a Federal grade equivalency (FGE) foreach proposed classification(s), job description(s), and rationale for proposedwage rate(s), including information regarding the agreement or disagreement ofthe authorized representative of the employees involved, or where there is noauthorized representative, the employees themselves. This report should besubmitted to the contracting officer no later than 30 days after such unlistedclass(es) of employees performs any contract work.3) The contracting officer reviews the proposed action and promptly submits areport of the action, together with the agency's recommendations and pertinentinformation including the position of the contractor and the employees, to theWage and Hour Division, Employment Standards Administration, U.S. Department ofLabor, 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, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required toprocess the request.5) The contracting officer transmits the Wage and Hour decision to thecontractor.6) The contractor informs the affected rmation required by the Regulations must be submitted on SF 1444 or bondpaper.When preparing a conformance request, the "Service Contract Act Directory ofOccupations" (the Directory) should be used to compare job definitions to insurethat duties requested are not performed by a classification already listed inthe wage determination. Remember, it is not the job title, but the requiredtasks that determine whether a class is included in an established wagedetermination. Conformances may not be used to artificially split, combine, orsubdivide classifications listed in the wage determination.WD 96-0083 (Rev.-29) was first posted on on 01/05/2016FL/HH/MS**********************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON, D.C. 20210 | | Daniel W. Simms Division of Wage | Wage Determination No: 1996-0083Director Determinations | Revision No: 29 | Date Of Revision: 12/29/2015----------------------------------------------------------------------------------Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 forcalendar year 2016 applies to all contracts subject to the Service Contract Actfor which the solicitation was issued on or after January 1, 2015. If thiscontract is covered by the EO, the contractor must pay all workers in anyclassification listed on this wage determination at least $10.15 per hour (orthe applicable wage rate listed on this wage determination, if it is higher) forall hours spent performing on the contract in calendar year 2016. The EO minimumwage rate will be adjusted annually. Additional information on contractorrequirements and worker protections under the EO is available atwhd/govcontracts.State: FloridaArea: Florida Counties of Flagler, Volusia----------------------------------------------------------------------------------**Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATEFood & Lodging: 07041 - Cook I 11.46 07042 - Cook II 13.53 07070 - Dishwasher 8.79 07130 - Food Service Worker 9.54 07260 - Waiter/Waitress 8.79 11060 - Elevator Operator 8.79 11210 - Laborer, Grounds Maintenance 9.54 11240 - Maid or Houseman 9.54 99030 - Cashier 9.54 99050 - Desk Clerk (see 1) 9.54Halfway House & Residential Community Treatment: 01011 - Accounting Clerk I 11.40 01012 - Accounting Clerk II 12.32 01111 - General Clerk I 10.52 01311 - Secretary I 12.86 01611 - Word Processor I 10.52 07041 - Cook I 11.46 07042 - Cook II 13.53 07070 - Dishwasher 8.79 07130 - Food Service Worker 9.54 11150 - Janitor 9.54 11210 - Laborer, Grounds Maintenance 9.54 11240 - Maid or Houseman 9.54 23370 - General Maintenance Worker 12.20 27101 - Guard I 10.44 27102 - Guard II 11.10 99050 - Desk Clerk (see 1) 10.52Moving & Storage: 21020 - Forklift Operator 11.46 21050 - Material Handling Laborer 10.14 21110 - Shipping Packer 11.46 21410 - Warehouse Specialist 11.46 31361 - Truckdriver, Light 11.46 31362 - Truckdriver, Medium 12.20 31363 - Truckdriver, Heavy 12.84 31364 - Truckdriver, Tractor-Trailer 13.53__________________________________________________________________________________ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 10 years, and 4 after 20 years. Length of serviceincludes the whole span of continuous service with the present contractor orsuccessor, wherever employed, and with the predecessor contractors in theperformance 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 LutherKing Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day,Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (Acontractor may substitute for any of the named holidays another day off with payin accordance with a plan communicated to the employees involved.) (See 29 CFR4.174)THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THEFOLLOWING:1) Rates are applicable only under the appropriate occupational category.** 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 stateor local law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne byan employee where such cost reduces the hourly rate below that required by thewage determination. The Department of Labor will accept payment in accordancewith the following standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for theactual cost of the uniforms. In addition, where uniform cleaning and maintenanceis made the responsibility of the employee, all contractors and subcontractorssubject to this wage determination shall (in the absence of a bona fidecollective bargaining agreement providing for a different amount, or thefurnishing of contrary affirmative proof as to the actual cost), reimburse allemployees for such cleaning and maintenance at a rate of $3.35 per week (or $.67cents per day). However, in those instances where the uniforms furnished aremade of "wash and wear" materials, may be routinely washed and dried with otherpersonal garments, and do not require any special treatment such as drycleaning, daily washing, or commercial laundering in order to meet thecleanliness 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 requirementthat 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 theInternet. A links to the Directory may be found on the WHD home page at or through the Wage Determinations On-Line (WDOL)Web site at FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {StandardForm 1444 (SF 1444)}Conformance Process:The contracting officer shall require that any class of service employee whichis not listed herein and which is to be employed under the contract (i.e., thework to be performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination. Suchconformed classes of employees shall be paid the monetary wages and furnishedthe fringe benefits as are determined. Such conforming process shall beinitiated by the contractor prior to the performance of contract work by suchunlisted class(es) of employees. The conformed classification, wage rate, and/orfringe benefits shall be retroactive to the commencement date of the contract.{See Section 4.6 (C)(vi)} When multiple wage determinations are included in acontract, a separate SF 1444 should be prepared for each wage determination towhich 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 conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing inorder proposed classification title(s), a Federal grade equivalency (FGE) foreach proposed classification(s), job description(s), and rationale for proposedwage rate(s), including information regarding the agreement or disagreement ofthe authorized representative of the employees involved, or where there is noauthorized representative, the employees themselves. This report should besubmitted to the contracting officer no later than 30 days after such unlistedclass(es) of employees performs any contract work.3) The contracting officer reviews the proposed action and promptly submits areport of the action, together with the agency's recommendations and pertinentinformation including the position of the contractor and the employees, to theWage and Hour Division, Employment Standards Administration, U.S. Department ofLabor, 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, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required toprocess the request.5) The contracting officer transmits the Wage and Hour decision to thecontractor.6) The contractor informs the affected rmation required by the Regulations must be submitted on SF 1444 or bondpaper.When preparing a conformance request, the "Service Contract Act Directory ofOccupations" (the Directory) should be used to compare job definitions to insurethat duties requested are not performed by a classification already listed inthe wage determination. Remember, it is not the job title, but the requiredtasks that determine whether a class is included in an established wagedetermination. Conformances may not be used to artificially split, combine, orsubdivide classifications listed in the wage determination.WD 96-0347 (Rev.-31) was first posted on on 01/05/2016FL/HH/MS**********************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON, D.C. 20210 | | Daniel W. Simms Division of Wage | Wage Determination No: 1996-0347Director Determinations | Revision No: 31 | Date Of Revision: 12/29/2015----------------------------------------------------------------------------------Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 forcalendar year 2016 applies to all contracts subject to the Service Contract Actfor which the solicitation was issued on or after January 1, 2015. If thiscontract is covered by the EO, the contractor must pay all workers in anyclassification listed on this wage determination at least $10.15 per hour (orthe applicable wage rate listed on this wage determination, if it is higher) forall hours spent performing on the contract in calendar year 2016. The EO minimumwage rate will be adjusted annually. Additional information on contractorrequirements and worker protections under the EO is available atwhd/govcontracts.State: FloridaArea: Florida Counties of Orange, Osceola, Seminole----------------------------------------------------------------------------------**Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATEFood & Lodging: 07041 - Cook I 11.46 07042 - Cook II 13.53 07070 - Dishwasher 8.79 07130 - Food Service Worker 9.54 07260 - Waiter/Waitress 8.79 11060 - Elevator Operator 8.79 11210 - Laborer, Grounds Maintenance 9.54 11240 - Maid or Houseman 9.54 99030 - Cashier 9.54 99050 - Desk Clerk (see 1) 9.54Halfway House & Residential Community Treatment: 01011 - Accounting Clerk I 11.40 01012 - Accounting Clerk II 12.32 01111 - General Clerk I 10.52 01311 - Secretary I 12.86 01611 - Word Processor I 10.52 07041 - Cook I 11.46 07042 - Cook II 13.53 07070 - Dishwasher 8.79 07130 - Food Service Worker 9.54 11150 - Janitor 9.54 11210 - Laborer, Grounds Maintenance 9.54 11240 - Maid or Houseman 9.54 23370 - General Maintenance Worker 12.20 27101 - Guard I 10.44 27102 - Guard II 11.10 99050 - Desk Clerk (see 1) 10.52Moving & Storage: 21020 - Forklift Operator 11.46 21050 - Material Handling Laborer 10.14 21110 - Shipping Packer 11.46 21410 - Warehouse Specialist 11.46 31361 - Truckdriver, Light 11.46 31362 - Truckdriver, Medium 12.20 31363 - Truckdriver, Heavy 12.84 31364 - Truckdriver, Tractor-Trailer 13.53__________________________________________________________________________________ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; and 3 weeks after 5 years. Length of service includes the whole spanof continuous service with the present contractor or successor, whereveremployed, and with the predecessor contractors in the performance of similarwork at the same Federal facility. (Reg. 29 CFR 4.173)HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin LutherKing Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day,Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (Acontractor may substitute for any of the named holidays another day off with payin accordance with a plan communicated to the employees involved.) (See 29 CFR4.174)THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THEFOLLOWING:1) Rates are applicable only under the appropriate occupational category.** 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 stateor local law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne byan employee where such cost reduces the hourly rate below that required by thewage determination. The Department of Labor will accept payment in accordancewith the following standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for theactual cost of the uniforms. In addition, where uniform cleaning and maintenanceis made the responsibility of the employee, all contractors and subcontractorssubject to this wage determination shall (in the absence of a bona fidecollective bargaining agreement providing for a different amount, or thefurnishing of contrary affirmative proof as to the actual cost), reimburse allemployees for such cleaning and maintenance at a rate of $3.35 per week (or $.67cents per day). However, in those instances where the uniforms furnished aremade of "wash and wear" materials, may be routinely washed and dried with otherpersonal garments, and do not require any special treatment such as drycleaning, daily washing, or commercial laundering in order to meet thecleanliness 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 requirementthat 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 theInternet. A links to the Directory may be found on the WHD home page at or through the Wage Determinations On-Line (WDOL)Web site at FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {StandardForm 1444 (SF 1444)}Conformance Process:The contracting officer shall require that any class of service employee whichis not listed herein and which is to be employed under the contract (i.e., thework to be performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination. Suchconformed classes of employees shall be paid the monetary wages and furnishedthe fringe benefits as are determined. Such conforming process shall beinitiated by the contractor prior to the performance of contract work by suchunlisted class(es) of employees. The conformed classification, wage rate, and/orfringe benefits shall be retroactive to the commencement date of the contract.{See Section 4.6 (C)(vi)} When multiple wage determinations are included in acontract, a separate SF 1444 should be prepared for each wage determination towhich 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 conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing inorder proposed classification title(s), a Federal grade equivalency (FGE) foreach proposed classification(s), job description(s), and rationale for proposedwage rate(s), including information regarding the agreement or disagreement ofthe authorized representative of the employees involved, or where there is noauthorized representative, the employees themselves. This report should besubmitted to the contracting officer no later than 30 days after such unlistedclass(es) of employees performs any contract work.3) The contracting officer reviews the proposed action and promptly submits areport of the action, together with the agency's recommendations and pertinentinformation including the position of the contractor and the employees, to theWage and Hour Division, Employment Standards Administration, U.S. Department ofLabor, 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, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required toprocess the request.5) The contracting officer transmits the Wage and Hour decision to thecontractor.6) The contractor informs the affected rmation required by the Regulations must be submitted on SF 1444 or bondpaper.When preparing a conformance request, the "Service Contract Act Directory ofOccupations" (the Directory) should be used to compare job definitions to insurethat duties requested are not performed by a classification already listed inthe wage determination. Remember, it is not the job title, but the requiredtasks that determine whether a class is included in an established wagedetermination. Conformances may not be used to artificially split, combine, orsubdivide classifications listed in the wage determination.WD 97-0002 (Rev.-32) was first posted on on 01/05/2016FL/HH/MS**********************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON, D.C. 20210 | | Daniel W. Simms Division of Wage | Wage Determination No: 1997-0002Director Determinations | Revision No: 32 | Date Of Revision: 12/29/2015----------------------------------------------------------------------------------Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 forcalendar year 2016 applies to all contracts subject to the Service Contract Actfor which the solicitation was issued on or after January 1, 2015. If thiscontract is covered by the EO, the contractor must pay all workers in anyclassification listed on this wage determination at least $10.15 per hour (orthe applicable wage rate listed on this wage determination, if it is higher) forall hours spent performing on the contract in calendar year 2016. The EO minimumwage rate will be adjusted annually. Additional information on contractorrequirements and worker protections under the EO is available atwhd/govcontracts.State: FloridaArea: Florida Counties of Alachua, Bradford, Citrus, Dixie, Gilchrist, Lake,Levy, Marion, Sumter, Union----------------------------------------------------------------------------------**Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATEFood & Lodging: 07041 - Cook I 11.25 07042 - Cook II 13.51 07070 - Dishwasher 8.16 07130 - Food Service Worker 8.83 07260 - Waiter/Waitress 8.16 11060 - Elevator Operator 8.16 11210 - Laborer, Grounds Maintenance 8.83 11240 - Maid or Houseman 8.83 99030 - Cashier 8.83 99050 - Desk Clerk (see 1) 8.83Halfway House & Residential Community Treatment: 01011 - Accounting Clerk I 11.65 01012 - Accounting Clerk II 12.58 01111 - General Clerk I 10.71 01311 - Secretary I 13.73 01611 - Word Processor I 10.71 07041 - Cook I 11.25 07042 - Cook II 13.51 07070 - Dishwasher 8.16 07130 - Food Service Worker 8.83 11150 - Janitor 8.83 11210 - Laborer, Grounds Maintenance 8.83 11240 - Maid or Houseman 8.83 23370 - General Maintenance Worker 12.00 27101 - Guard I 10.42 27102 - Guard II 11.32 99050 - Desk Clerk (see 1) 10.71Moving & Storage: 21020 - Forklift Operator 11.25 21050 - Material Handling Laborer 9.61 21110 - Shipping Packer 11.25 21410 - Warehouse Specialist 11.25 31361 - Truckdriver, Light 11.25 31362 - Truckdriver, Medium 12.00 31363 - Truckdriver, Heavy 12.74 31364 - Truckdriver, Tractor-Trailer 13.51__________________________________________________________________________________ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; and 3 weeks after 10 years. Length of service includes the whole spanof continuous service with the present contractor or successor, whereveremployed, and with the predecessor contractors in the performance of similarwork at the same Federal facility. (Reg. 29 CFR 4.173)HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin LutherKing Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day,Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (Acontractor may substitute for any of the named holidays another day off with payin accordance with a plan communicated to the employees involved.) (See 29 CFR4.174)THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THEFOLLOWING:1) Rates are applicable only under the appropriate occupational category.** 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 stateor local law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne byan employee where such cost reduces the hourly rate below that required by thewage determination. The Department of Labor will accept payment in accordancewith the following standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for theactual cost of the uniforms. In addition, where uniform cleaning and maintenanceis made the responsibility of the employee, all contractors and subcontractorssubject to this wage determination shall (in the absence of a bona fidecollective bargaining agreement providing for a different amount, or thefurnishing of contrary affirmative proof as to the actual cost), reimburse allemployees for such cleaning and maintenance at a rate of $3.35 per week (or $.67cents per day). However, in those instances where the uniforms furnished aremade of "wash and wear" materials, may be routinely washed and dried with otherpersonal garments, and do not require any special treatment such as drycleaning, daily washing, or commercial laundering in order to meet thecleanliness 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 requirementthat 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 theInternet. A links to the Directory may be found on the WHD home page at or through the Wage Determinations On-Line (WDOL)Web site at FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {StandardForm 1444 (SF 1444)}Conformance Process:The contracting officer shall require that any class of service employee whichis not listed herein and which is to be employed under the contract (i.e., thework to be performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination. Suchconformed classes of employees shall be paid the monetary wages and furnishedthe fringe benefits as are determined. Such conforming process shall beinitiated by the contractor prior to the performance of contract work by suchunlisted class(es) of employees. The conformed classification, wage rate, and/orfringe benefits shall be retroactive to the commencement date of the contract.{See Section 4.6 (C)(vi)} When multiple wage determinations are included in acontract, a separate SF 1444 should be prepared for each wage determination towhich 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 conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing inorder proposed classification title(s), a Federal grade equivalency (FGE) foreach proposed classification(s), job description(s), and rationale for proposedwage rate(s), including information regarding the agreement or disagreement ofthe authorized representative of the employees involved, or where there is noauthorized representative, the employees themselves. This report should besubmitted to the contracting officer no later than 30 days after such unlistedclass(es) of employees performs any contract work.3) The contracting officer reviews the proposed action and promptly submits areport of the action, together with the agency's recommendations and pertinentinformation including the position of the contractor and the employees, to theWage and Hour Division, Employment Standards Administration, U.S. Department ofLabor, 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, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required toprocess the request.5) The contracting officer transmits the Wage and Hour decision to thecontractor.6) The contractor informs the affected rmation required by the Regulations must be submitted on SF 1444 or bondpaper.When preparing a conformance request, the "Service Contract Act Directory ofOccupations" (the Directory) should be used to compare job definitions to insurethat duties requested are not performed by a classification already listed inthe wage determination. Remember, it is not the job title, but the requiredtasks that determine whether a class is included in an established wagedetermination. Conformances may not be used to artificially split, combine, orsubdivide classifications listed in the wage determination.SECTION E - SOLICITATION PROVISIONSE.1 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 East L'Enfant Plaza, SWWashington, DC 20407Telephone (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) 697-2667/2179, 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 all 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 a 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 the 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 the 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)ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following provisions are incorporated into 52.212-1 as an addendum to this solicitation: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)E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via (see 52.204-7).(End of Provision)E.5 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price, Requirements contract resulting from this solicitation.(End of Provision)E.6 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Hand-Carried Address: Department of Veterans Affairs Orlando VA Medical Center 5201 Raymond Street Orlando FL 32803 Mailing Address: Department of Veterans Affairs Orlando VA Medical Center 5201 Raymond Street Orlando FL 32803 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)E.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) (a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses and veteran-owned small businesses as subcontractors. (b) Eligible service-disabled veteran-owned offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (). (c) Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database ().(End of Provision)E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 20420FAR NumberTitleDate52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTINGJUL 2015E.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): (End of Provision)FAR NumberTitleDate52.216-27SINGLE OR MULTIPLE AWARDSOCT 199552.232-38SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFERJUL 2013(End of Addendum to 52.212-1)E.11 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical and past performance, when combined, are . (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.(End of Provision) ................
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