Loren Data's SAM Daily™

FBO DAILY ISSUE OF NOVEMBER 03, 2012 FBO #3997
DOCUMENT

V -- Denver VA ECHCS Patient Lodging with Transportation BPA - Attachment

Notice Date

11/1/2012
 

Notice Type

Attachment
 

NAICS

721110 — Hotels (except Casino Hotels) and Motels
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office;NCO 19;4100 E. Mississippi Avenue, Suite 900;Glendale CO 80246
 

ZIP Code

80246
 

Solicitation Number

VA25913Q0021
 

Response Due

11/15/2012
 

Archive Date

11/30/2012
 

Point of Contact

Ilze Karklins-Powers
 

Small Business Set-Aside

N/A
 

Description

This is a combined synopsis/solicitation for Lodging and Billeting Services for the Veterans Integrated Service Network 19 with Veterans Healthcare Administration facility located at 1055 Clermont St., Denver, CO 80220. This requirement for temporary, short term lodging is being procured IAW FAR 12.6, entitled "Streamlined Procedures for Evaluation and Solicitation for Commercial Items" as supplemented with additional information in this notice, and FAR 13.303 entitled "Blanket Purchase Agreements (BPA)". Prospective Offerors are encouraged to view the Federal Business Opportunities website, www.fedbizopps.gov, frequently for any amendment to the solicitation. The Government intends to satisfy existing requirements for temporary lodging services by awarding a Blanket Purchase Agreement to a hotel located within a 5 mile radius of the facility listed above. This announcement constitutes the only solicitation that will be issued. The base period of performance will be from December, 2012 through November 30. 2013. Option periods will consist of 12 months, and will not exceed 4 option year periods. This procurement is issued on a unrestricted basis under the NAICS 721110 with a small business size standard of $7M. The areas of consideration for possible awards are the locations listed above. A pricing schedule identifying quantities and types of services is attached and shall be completed and returned. All quantities are estimated. Unit prices shall be inclusive of all applicable service fees, the federal government does not pay taxes. A performance work statement (PWS) describing the scope of work is attached and is hereby made part of this request for quotes. The following provisions and clauses are applicable to this acquisition: FAR Provisions 52.212-1, 52.212-3 Alt I, and 52.252-1; FAR Clauses 52.212-4, 52.212-5, 52.252-2. FAR provision 52.212-3 shall be completed and returned with your offer. If your company information is available through Online Representations and Certifications (ORCA) so indicate in 52.212-3 and return only the first page of the online portion showing your current registration. FAR Provision 52.252-1 and FAR Clause 52.252-2: full text language of provisions and clauses incorporated by reference can be located at http://farsite.hill.af.mil. The following clauses included in 52.212-5 are applicable: 52.217-6, 52.217-8, 52.219-28, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.225-13, 52.232-33, and 52.232-36. In addition, clauses, 52.222-41, 52.222-42, and 52.222-44 or 52.222-53, included in 52.212-5 may be deemed applicable pending contractors response to paragraph (k)(2) in FAR Provision 52.212-3. The following Veterans Affairs Acquisition Regulation, VAAR, clause is applicable to this acquisition: 852.273-75. The Service Contract Act of 1965 and all wage determinations applicable for the location of the proposed hotel facility will be made a part of any resulting award if FAR clause 52.222-41 is determined to be applicable. The successful offeror will establish with the Veterans Administration a Business Associate Agreement in accordance with Veterans Healthcare Administration Directive 1600 and Handbook 1600.01 Business Associate Agreements. This BPA will be established on a fixed price basis and may be discontinued upon 30 days' written notice by either party. The BPA will be reviewed annually before the anniversary of its effective date and revised as necessary to conform to the requirements of the FAR and VAAR. This BPA can only be changed by modification of the agreement itself. Discontinuing or modifying this BPA shall not affect any prior contract incorporating this BPA. This BPA does NOT state or imply any agreement by the Government to place future contracts or orders with the contractor; or be used in any manner to restrict competition. All contracts and purchase orders using this BPA will be incorporated by specific reference, the BPA number and name when established. This BPA for temporary lodging services located within the local commuting area of the facility listed in this synopsis has a dollar limitation of $1000 for each individual purchase of lodging services. This BPA does not have a minimum purchase requirement. The Government is obligated only to the extent of authorized purchases actually made under this BPA. Contractors shall furnish services if and when requested by the Contracting Officer's Technical Representative, COR, located at each Healthcare facility listed in this synopsis for the inclusive dates of this agreement. The names, contact information and the dollar limitation of the COR's will be provided to the successful contractors. Delivery /lodging tickets shall contain the following minimum information: name of supplier, BPA number, date of purchase/reservation, purchase number, itemized list with name of veteran, type of room and price, and dates service provided. Invoices shall be submitted at least monthly or upon expiration of the BPA, whichever occurs first, for all services during the billing period, identifying the delivery/lodging tickets covered therein, stating their total dollar value and supported by receipt copies of the delivery/lodging tickets. Each offeror shall indicate if the government purchase card (VISA card) is an acceptable form of payment. Award will be made to the lowest priced offer determined to be technically acceptable. To be determined technically acceptable, the following minimum requirements must be met: (1) Hotels must provide for complete and inclusive lodging services as prescribed in the performance work statement and by the attached pricing schedule. (2) Hotels must have free on-site parking and provide non-smoking rooms. (3) Hotels must be located within the local commuting area of the VA Healthcare Center; this is usually interpreted to be within 5 miles of the VA Healthcare Center. (4) Hotels must be FEMA approved. (5) Local transportation back and forth for the Veteran from the lodging facility to the Healthcare Center. In order to determine if minimum requirement (1) can be met, all services requested must either be priced or annotated as provided at no additional cost on the attached pricing schedule. For minimum requirements (2), (3), & (4) offeror must provide a fact sheet which addresses each minimum requirement. The physical location of the proposed hotel facility must be provided to permit a determination to be made as if minimum requirement (3) can be met. Pricing shall be provided on attached B.2 Schedule of Services/Pricing. The government intends to make a single award; however, funds will NOT be committed or obligated until a call is placed against the BPA. For purposes of price evaluation, if there is a mathematical error in which the unit price multiplied by the quantity does not equal the extended total, the unit price will prevail and be used for evaluation and award purposes. Paragraph (e) of FAR Provision 52.212-1 encourages offerors to present alternative terms and conditions for satisfying the requirements of this solicitation. The solicitation is being issued on a competitive basis. The rate utilized for purposes of award will be the rates proposed by the offeror that is determined to offer the lowest technically acceptable offer. As stated in paragraph (g) of Federal Acquisition Regulation (FAR) Provision 52.212-1, included in this solicitation, the Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial proposal should contain the offerors best terms from a price and technical standpoint. All questions shall be submitted in writing and received prior to the time and date scheduled for receipt of quotes. Questions can be sent via email to: ilze.karklins-powers@va.gov or fax (307) 635-1958. QUOTES ARE DUE: Not later than 4:30 p.m. MST, November 15, 2012. A complete proposal will consist of the following documents: 1.Completed B.2 Schedule of Services/Pricing 2.Page 1 of the Completed Online Representations and Certifications found at http://www.sam.gov in accordance with FAR 52.212.3, Offeror Representations and Certifications-Commercial Items. 3.Completed Business Associate Agreement 4.Signed Offerors Letter providing: Contractor's name, address, name of point of contact, phone numbers, email addresses, FAX number, DUNS number and Tax ID number. Insure the proposal number VA259-13-Q-0021 appears on all pages and documents in the proposal. Identify acceptable forms for payment, i.e. purchase card, electronic funds transfer, etc. Include the fact sheet describing the 5 technical requirements. Submit Proposals To: Ilze Karklins-Powers, Contract Specialist via email to ilze.karklins-powers@va.gov. DEFINITIONS: Hotels - Refers to all commercial lodging facilities that provide rooms for short term use and would include hotels, motels, and bed and breakfast vendor Performance Work Statement 1)GENERAL: The Department of Veterans Affairs Eastern Colorado Health Care System (ECHCS), 1055 Clermont St, Denver, Colorado 80220, has a need for hotel or motel rooms. Rooms must be American with Disabilities Act (ADA) compliant for temporary lodging of eligible veterans in need of treatment at the ECHCS, at the expense of the VA. This service is provided to veterans in order to accommodate those who may have to travel long distances for evaluation the day before, during, and the day after treatment is received. (i.e., for less than 24-hour pre-operative/intervention or post-operative follow-up for Ambulatory Surgery, MRI, ophthalmology, and other medical services as the need arises). Hotel/motel shall be located within a 5 mile radius of the ECHCS and within a safe environment. 2)ROOM REQUIREMENTS: a.Contractor shall provide furnished hotel or motel rooms for authorized eligible veterans. b.Contractor shall provide access to ADA compliant rooms as needed in order to satisfy the requirements of this agreement. c.All ADA rooms shall comply with the applicable National Fire Protection Association (NFPA) 101 and ADA guidelines. d.Daily room rates, as quoted in the Schedule of Supplies/Services, shall include all applicable taxes, fees, and any other no-charge services offered to guests of the hotel/motel. e.Rooms offered shall be within a 5 mile radius of the ECHCS, 1055 Clermont St., Denver, CO 80220. f.All rooms will be inspected prior to award of the contract, and prior to exercise of any options. g.The VA reserves the right to inspect the rooms at least once quarterly. h.The facility and rooms must have a neat and clean appearance both inside and out. i.The hotel/motel rooms must be fully furnished and shall include Contractor provided utilities and other specified services with a minimum of a TV, clock radio, and telephone access (with no deposits required). j.The hotel/motel rooms shall comply with all city, county and state building codes and ordinances applicable to the ownership and operation of the building in which the rooms are located. k.The rooms shall be smoke-free (unless specifically requested by the lodger and available). l.Contractor shall supply all utilities including heat, air conditioning, electricity, water and sewer, and basic television cable or equivalent service. m.Rooms will be cleaned daily regardless of length of stay of patient occupant. 3)TRANSPORTATION REQUIREMENTS: a.Local transportation to deliver and pickup VA patients to the VAMC Denver. 4)MEAL REQUIREMENTS: b.None required unless otherwise provided as a complimentary service to all patrons. 5)ROOM RESERVATIONS & OCCUPANCY: a.Room reservations and room occupancy will be on the following basis: (1)The Contractor shall only allow specific individuals who are referred by authorized personnel of the ECHCS to occupy the contracted rooms. (2)The Government will not bear any liability for expenses for amenities, meals or other room charges incurred by lodgers. (i.e. room upgrades, mini-bars, laundry services, etc.) (3)The ECHCS will inform the Contractor of each individual's name, and the expected arrival date/time at the hotel/motel. (4)Services shall be available twenty-four hours per day, seven days per week, and 365 days per year as needed. (5)The Contractor shall use a minimum check-in time of 3:00 p.m.; and a check-out time of 11:00 a.m. (6)The only personnel of the ECHCS who are authorized to submit and modify reservations are: (a)Denver VA Lodging Program Personnel, 8:00 a.m. to 4:30 p.m., Monday through Friday at 303-399-8020 ext 4596. (b)Administrative Officer of the Day (AOD), 4:00 p.m. to 8:00 a.m., week nights, holidays, and weekends at 303-393-2805. (c)If clarification is needed and the Contractor cannot reach the above personnel, the Contractor shall call the ECHCS Operator at 303-399-8020, and have the AOD paged. b.The authorized dates and length of stay will be documented on the ECHCS Hotel/Motel Lodger Log and faxed to the Contractor by authorized VA personnel. c.In the event that a VA referred lodger refuses to depart the room as scheduled, the Contractor shall immediately notify a ECHCS authorized personnel identified above, and follow the hotel/motel established policies. d.In the event that a VA referred lodger checks out prior to the scheduled date without the Contractor receiving prior notice from the VA, the Contractor shall immediately notify one of the ECHCS authorized personnel. 6)PAYMENT: The Contractor shall submit an invoice to the Denver VAMC Lodging Coordinator Supervisor at 1055 Clermont St, Attn: 136T, Denver, CO 80220 or via e-mail, for payment of all rooms covered by this contract each month for the previous month. The Contractor will itemize rooms required during the previous month by room number, dates of occupancy, and name of referred lodger. The contractor must have their tax identification number on file with the U.S. Department of Treasury in order to receive payment. The contractor can submit a W-9, Request for Tax Payer Identification Number and Certification to the VA Financial Service Center. The completed W-9 is faxed to (512)460-5221. This is a onetime submission. The contractor must submit a Standard Form (SF) 3881, ACH Vendor/Miscellaneous Payment Enrollment Form. This authorization allows for funds to be deposited in the appropriate account electronically. This is a onetime submission unless accounts are changed. The completed SF 3881 is faxed to (512)460-5221. The contractor will remit consolidated invoices for rooms provided to the Contracting Officer's Technical Representative. The invoice will be in a spreadsheet form with the following information required: Date, Full Name, and Cost. 7)PATIENT EMERGENCIES: In the event a referred lodger is in an emergency situation of any kind, the Contractor shall contact 911 to respond to the emergency. Once the emergency has ended, the Contractor shall notify one of the ECHCS authorized personnel of the situation. 8)ROOM MAINTENANCE: Daily room maintenance shall comply with all Federal, State and local laws in compliance with FAR 52.212-4(q). 9)GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS: a.Heating and Cooling Requirements shall be in compliance with State of Colorado Laws. (1)All cooling and heating devices and appliances, including, but not limited to, furnaces, fireplaces, electrical baseboard heaters and water heaters, shall be an approved type in good and safe working order and shall meet all installation and safety codes. (2)Contractor shall maintain all appliances and utility systems. This shall include the cleaning or replacement of air filters for both the heating system (providing the heating system is a forced hot air heating system) and for the cooling system every 30 calendars days. b.Electrical and Lighting Requirements shall be in compliance with State of Colorado Laws. (1)All electrical equipment, wiring and appliances shall be of an approved type, in good and safe working order, and shall meet all installation and safety codes. c.Sanitation Requirements: All plumbing fixtures shall be trapped and vented and connected to an approved sanitary sewer. All sanitary facilities, fixtures, equipment, structures and premises shall be of an approved type, in safe and sanitary condition, in good working order, and meet all installation and safety codes. d.Telephone Service Requirements: (1)Contractor shall provide no cost, local area, touch-tone, telephone service (with no deposit required) for each room with long-distance lockout to prevent additional charges to the room. The telephone service may be capable of long-distance telephone service when long-distance calls are placed using a telephone calling card or other telephone charge method. (2)Contractor shall provide a minimum of one telephone in each room. (3)Telephone service shall be equipped with a voice messaging system or front desk message service. e.Fire Safety: (1)Buildings in which space is offered shall be evaluated in accordance with the latest editions of the NFPA 101, LIFE SAFETY CODE and AMERICAN DISABILITIES ACT (ADA). (2)Equipment, services or utilities furnished and activities of other occupants shall be free safety, health, and fire hazards. When hazards are detected, the Contractor shall promptly correct them. (3)Maintenance of Contractor-owned fire extinguishers shall be provided by the Contractor in accordance with NFPA Standard No. 101. (4)Smoke detectors/alarms shall be installed in each room, office, storage area, hallways and other common areas, as required by code. f.Wheelchair Accessibility: Rooms will be wheelchair accessible. Common areas such as hallways shall provide for an accessible path of travel for wheelchairs. g.Elevators: If elevators are a part of the room complex, they shall conform to the latest requirements of the American National Standard Institute (ANSI) A171 and A171a Safety Code for Elevators, except for elevator emergency recall and shall be inspected and maintained in accordance with ANSI A17.1, Inspector's Manual for Elevators, or equivalent local code. The elevators shall also comply with local codes and ordinances. h.Inspection: The Government reserves the right, at any time before and after contract award and during the term of the contract, to inspect the rooms and all other areas of the complex access to which is necessary to ensure a safe and healthy environment for the VA referred lodgers. 10)OTHER: a.To be eligible for award under this solicitation, the Contractor must propose for use a facility that is compliant with the requirements of the Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391)(15 U.S.C. 2210 et. Seq.) and is listed on the U.S. Fire Administration Hotel and Motel National Master List found at http://usfa.fema.gov/hotel/search.cfm. Offers proposing facilities that are not listed will be rejected as non-responsive. In addition, the Contractor's facility must be compliant with the requirements of the Americans with Disabilities Act (Public Law 101-336)(42 U.S.C. 12101 et. Seq.). b.To be eligible for award, Contractor shall be in compliance with the Health Insurance Portability and Accountability Act (HIPPA) and sign the attached Business Associate Agreement (BAA). SCHEDULE OF SUPPLIES/SERVICES Contractor shall provide all personnel, labor, equipment, materials and supplies to provide Hotel/Motel Lodging as outlines in the Statement of Work listed herein to Cheyenne VAMC located at 2360 E. Pershing Blvd., Cheyenne, WY 82001 for eligible VA beneficiaries. Yearly quantities are estimates only. This contract shall be for the period of one year with option to renew for (4) addition one-year periods. BASE PERIOD: December, 2012 through November 30, 2013 Qty.UnitUnitYearly PriceAmount Hotel/Motel Room Rentals Estimated at 120 rooms per month for a yearly total of 1440 rooms as outlined in the statement of work. 1440Rooms$ ______$_______ Circle if Local Transportation IS / IS NOT included as a service provided with this Offer for Base Year OPTION YEAR I: December 1, 2013 through November 30, 2014 Qty.UnitUnitYearly PriceAmount Hotel/Motel Room Rentals Estimated at 120 rooms per month for a yearly total of 1440 rooms as outlined in the statement of work. 1440Rooms$ ______$_______ Circle if Local Transportation IS / IS NOT included as a service provided with this Offer for Option Year 1 OPTION YEAR II: December 1, 2014 through November 30, 2015 Qty.UnitUnitYearly PriceAmount Hotel/Motel Room Rentals Estimated at 120 rooms per month for a yearly total of 1440 rooms as outlined in the statement of work. 1440Rooms$ ______$_______ Circle if Local Transportation IS / IS NOT included as a service provided with this Offer for Option Year 2 OPTION YEAR III: December 1, 2015 through November 30, 2016 Qty.UnitUnitYearly PriceAmount Hotel/Motel Room Rentals Estimated at 120 rooms per month for a yearly total of 1440 rooms as outlined in the statement of work. 1440Rooms$ ______$_______ Circle if Local Transportation IS / IS NOT included as a service provided with this Offer for Option Year 3 OPTION YEAR IV: December 1, 2016 through November 30, 2017 Qty.UnitUnitYearly PriceAmount Hotel/Motel Room Rentals Estimated at 120 rooms per month for a yearly total of 1440 rooms as outlined in the statement of work. 1440Rooms$ ______$_______ Circle if Local Transportation IS / IS NOT included as a service provided with this Offer for Option Year 4 BLANKET PURCHASE AGREEMENT A Blanket Purchase Agreement (BPA) is hereby established between the Government and the following contractors under the following terms and conditions incorporated in this BPA: ADMINISTRATIVE DATA VA Healthcare Centers: VA ECHCS 1055 Clermont St. Denver, CO 80220 Contractor: Contractor/Vendor ( complete name) Corporate Address Contact Name & TitleSignature:________________________ Mailing Address Email Address Phone numberDate: _______________ Alternate point of contact (name, email, phone #) AUTHORITY This BPA is entered into pursuant to the Federal Acquisition Regulation Part 13.303-2. DESCRIPTION OF AGREEMENT The contractor shall provide lodging services at the rates proposed on the Schedule of Services/ Pricing in accordance with the terms and conditions of the performance work statement and only for the locations they have designated. Order for services will be placed by the designated Contracting Officer Technical Representative, COR's located at the Veteran's Healthcare Centers listed in the Administrative Data above. The basic period of performance for the lodging services shall commence October 22, 2012 and conclude September 30, 2013. Option years will ensue and consist of 12 months which cannot exceed a total maximum of four years. The total period of performance including options is 1 base year and four one year option periods (September 30, 2017). Under this agreement, the BPA holder shall provide lodging services IAW the attached performance work statement. The above described supplies and/or services shall be provided when ordered by an authorized Contracting Officer or authorized representative during the specified period stated on the pricing schedule. This BPA is for support of the VA Healthcare Centers listed above in the Administrative Data. SERVICES AVAILABLE UNDER THIS BPA Reference the pricing schedule for agreed upon rates and services to be provided. PREVAILING TERMS AND CONDITIONS All orders placed against this BPA are subject to the terms and conditions of clauses and provisions in full text or incorporated by reference herein: A.4 SEGREGATION OF COSTS a. The "Payments under this BPA provides for reimbursement to the contractor of costs incurred for certain services purchased directly for the contract subject to certain limitations set forth in the clause. Such items include proposed rates submitted by your organization and accepted by the Government. The items and services which the BPA holder is authorized to purchase on a cost- reimbursement basis shall be limited to only those specific items and services described on the pricing schedule. b. The BPA holder shall segregate costs associated with services provided. The BPA holder shall provide the Government with an itemized spreadsheet and one complete invoice by no later than the 5th day of each month outlining services rendered for the previous month. Upon receipt of said spreadsheet, the COR at each respective VA Healthcare Center will evaluate and verify costs and coordinate and/or make corrections to invoice. Upon validation, subject invoice shall be submitted to Austin, TX for payment by the Government or paid using the Government purchase card. A.5 REPRESENTATIVE OF THE CONTRACTING OFFICER a. The named Contracting Officer's Technical Representative (COR) at the appropriate ordering Program Offices are authorized to act as an official representative of the Contracting Officer. Reference the Performance Work Statement b. The COR above are designated by the Contracting Officer and are authorized to act within the limitations specified herein and written restrictions specifically imposed under the terms of the order and by the Contracting Officer. This authority shall extend to the following: inspection, acceptance, or rejection of work. c. This designation does not include authority to direct changes in scope, price, terms or conditions of the contract or order. The authority herein also does not include authority to execute modifications to the contract or order, which require the signature of the Contracting Officer, or to bind the Government by contract in terms of a proposed contract change. d. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Performance Work Statement (PWS) within the terms specified and at the price(s) stated. e. BPA holder personnel are required to possess all the skills necessary to support at least the minimum requirements of the Performance Work Statement (PWS). Training to meet such minimum requirements must be provided by the BPA holder and is included in the fixed price labor rates.. f. Notwithstanding any other provision, the BPA holder shall maintain sufficient accounting records for verification of rooms utilized monthly. It is further understood and agreed that the accounting records shall be available for Government review during the performance of the contract and until three years after final payment under the contract. g. Payment under individual orders for CLINs will be in accordance with FAR 52.232-7 A.6 NONPERSONAL SERVICES a. In performance of this contract, the BPA holder will provide support in the form of services required by program offices. This will be based upon the order's performance work statement for the specific effort. Calls will be formally placed by the COR to the BPA holder as opposed to VA clients. b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the mission but not otherwise available within. c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately. d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures. A.7 TERM OF BPA Reference the B.2 Schedule of Services/ Pricing for terms of the BPA to include the base year and up to 4 option years if exercised. Period of performance if options are fully exercised is October 22, 2012 to September 30, 2017. A.8 OBLIGATION OF FUNDS This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by appropriately authorized Purchasing Agents, Government Purchase Card Holders and Contracting Officers. A.9 AUTHORIZED USERS Government Purchase Agents, Contracting Officers and Government Purchase Card holders are the only users authorized to place orders under this BPA. BPA holders shall not accept or perform any purported order that does not contain the BPA number. A.10 PERFORMANCE a. See Pricing Schedule b. The BPA holder shall be familiar with Federal Government and acquisition regulations, directives and instructions. If a particular document is required in a specific order, it will be cited within the order's PWS. c. The BPA holder shall not provide technical direction to any other acquisition BPA holder(s) or government personnel at any time. Neither shall the Government directly supervise BPA holder employees. The BPA holder Task Leader should conduct Day to day supervision of BPA holder personnel wherever the BPA holder personnel are located. All direction of the BPA holder shall be through the Contracting Officer (CO) of the ordering organization specified in each individual order. Technical "tasking" assignments for the BPA holder will be transmitted by the program office's COR (or program manager) to the BPA holder's Task Leader. d. The "ordering period" will run from BPA award or until such ending date of any option year, which may be exercised by the Government. The "performance period" will terminate with the end of the contract, unless the ordering CO elects to extend performance as provided under the contract. If the ordering CO elects to extend performance beyond the end of the contract, he/she may extend performance up to six (6) months beyond the end of the order period. e. Capitalization Requirements: The BPA holder shall provide their employees sufficient computer equipment to support orders. The BPA holder shall be able to support the automatic transmission of unclassified data only to the requiring Program Office by modem if so requested. Any computers connected to, or transmits to (connected or via magnetic media) the government shall be properly protected from computer viruses. The BPA holder shall be capable of supporting the software packages utilized by or for the indicated processors. Specific software packages utilized within a program office shall be stated in the order PWS if it is other than Microsoft Office Professional or Microsoft Project. f. Cancellation: This BPA may be canceled if the BPA holder fails to perform in accordance with the terms and conditions of the GSA contract, this BPA, any order established under this BPA, or if deemed as in the best interests of the Government. The BPA holder must strictly comply with all terms and conditions or the Contracting Officer may determine that performance by the BPA holder has been unsatisfactory and cancel this BPA. A.11 INVOICES a. Inspection and acceptance shall be accomplished as follows The Government for all services furnished under any resulting order hereby designates the COR in the program office as the point of final inspection and acceptance. When the COR receives an accurate and complete invoice, he/she will return a signed copy to the BPA holder within five (5) working days. If the invoice is incomplete or inaccurate, the COR will return the unsigned invoice to the BPA holder for correction. The COR will then forward the signed invoice to the Chief Financial Officer (CFO) for payment. Final payment for each order will be accomplished by final invoice accompanied by a receiving report. b. An itemized invoice shall be submitted to the COR at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. Copies of delivery tickets shall support these invoices. "Approved-for-payment" invoices will be submitted to the payment address specified on each individual order issued under this BPA. A.12 OPTION TO EXTEND THE TERM OF THE BPA a. The Government may extend the term of this BPA by written notice to the Contractor at any time prior to the expiration of the BPA, provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the BPA expires. The preliminary notice does not commit the Government to an extension. b. If the Government exercises this option, the extended BPA shall be considered to include this option provision. c. The total duration of this BPA, including the exercise of any options under this clause, shall not exceed the performance period of the governing contract or five years and 6 months. A.13 FAR Clauses. The following provisions and clauses are applicable to this agreement... FAR Clauses 52.212-4, 52.212-5, 52.252-2., 52.252-2. The following clauses included in 52.212-5 are applicable: 52.217-6, 52.217-8, 52.219-28, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.225-13, 52.232-33, and 52.232-36. In addition, clauses, 52.222-41, 52.222-42, and 52.222-44 or 52.222-53, included in 52.212-5 may be deemed applicable pending contractors response to paragraph (k)(2) in FAR Provision 52.212-3. The following Veterans Affairs Acquisition Regulation, VAAR, clause is applicable to this acquisition: 852.273-75. The Service Contract Act of 1965 and all wage determinations applicable for the location of the proposed hotel facility will be made a part of any resulting award if FAR clause 52.222-41 is determined to be applicable. The successful offeror will establish with the Veterans Administration a Business Associate Agreement in accordance with Veterans Healthcare Administration Directive 1600 and Handbook 1600.01 Business Associate Agreements. Full text language for clauses incorporated by reference are found at http://farsite.hill.af.mil Business Associate Agreement Between the Department of Veterans Affair, Veterans Health Administration and ____________(Contractor) Whereas, (Business Associate) provides services to the Department of Veterans Affairs Veterans Health Administration (Covered Entity), and Whereas, in order for Business Associate to provide services to the Covered Entity, Covered Entity discloses to Business Associate Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) that is subject to protection under regulations issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information ("Privacy Rule"), and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard ("Security Rule"); and Whereas, Department of Veterans Affairs Veterans Health Administration is a "Covered Entity" as that term is defined in the HIPAA implementing regulations, 45 CFR 160.103, and Whereas,, as a recipient of PHI from Covered Entity in order to provide services to Covered Entity, is a "Business Associate" of Covered Entity as the term "Business Associate" is defined in the HIPAA implementing regulations, 45 CFR 160.103; and Whereas, pursuant to the Privacy and Security Rules, all Business Associates of Covered Entities must agree in writing to certain mandatory provisions regarding the Use and Disclosure of PHI and EPHI; and Whereas, the purpose of this Business Associate Agreement (BAA) is to comply with the requirements of the Privacy and Security Rules, including, but not limited to, the Business Associate Agreement requirements at 45 CFR 164.308(b), 164.314(a), 164.502(e), and 164.504(e), and as may be amended. NOW, THEREFORE, the Covered Entity and Business Associate agree as follows: 1.Definitions. Unless otherwise provided in this BAA, capitalized terms and phrases that are defined in the Privacy and Security Rules have the same meanings as set forth in the Privacy and Security Rules. When the phrase "Protected Health Information" and the abbreviation "PHI" are used in this BAA, they include the phrase "Electronic Protected Health Information" and the abbreviation "EPHI". 2.Ownership of PHI. PHI provided by Covered Entity to Business Associate and its agents and subcontractors, or gathered by them on behalf of the Covered Entity, under this BAA are the property of Covered Entity. 3. Scope of Use and Disclosure by Business Associate of Protected Health Information A. Business Associate is permitted to make Use and Disclosure of PHI that is disclosed to it by Covered Entity, or received by Business Associate on behalf of Covered Entity, as necessary to perform its obligations under all applicable agreements and this BAA with covered entity, provided that the Covered Entity may make such Use or Disclosure under the Privacy and Security Rules, and the Use or Disclosure complies with the Covered Entity's minimum necessary policies and procedures. B.Unless otherwise limited herein, in addition to any other Uses and/or Disclosures permitted or authorized by this BAA or Required by Law, Business Associate may: (1) Use the PHI in its possession for its proper management and administration and to fulfill any legal responsibilities of Business Associate; (2) Make a Disclosure of the PHI in its possession to a third party for the purpose of Business Associate's proper management and administration or to fulfill any legal responsibilities of Business Associate; provided, however, that the Disclosure is permitted by the Privacy Rule if made by the Covered Entity, or Required by Law; and provided further that where the Disclosure is not permitted by the Privacy Rule, or Required by Law, Business Associate has received from the third party written assurances that (a) the information will be held confidentially and Used or further Disclosed only as Required By Law or for the purposes for which it was disclosed to the third party; and (b) the third party will notify the Business Associate of any instances of which it becomes aware in which the confidentiality of the information has been breached; (3) Engage in Data Aggregation activities, consistent with the Privacy Rule; and (4) De-identify any and all PHI created or received by Business Associate under this BAA; provided that the de-identification conforms to the requirements of the Privacy Rule. 4.Obligations of Business Associate. In connection with its Use and Disclosure of PHI under this BAA, Business Associate agrees that it will: A.Use or make further Disclosure of PHI only as permitted or required by the Privacy Rule, or this BAA or as Required by Law; B.Ensure any employee of BA, contractor, subcontractor or agent of BA receives at least annual privacy training that conforms to the requirements of VHA Privacy Training; C. Ensure any employee of BA, contractor, subcontractor or agent of BA, receives at least annual security awareness training that conforms to the requirements of the Department of Veterans Affairs Office of Cyber and Information Security Training; D.Use reasonable and appropriate safeguards to prevent Use or Disclosure of PHI other than as provided by this BAA; E.To the extent practicable, mitigate any harmful effect of a Use or Disclosure of PHI by Business Associate in violation of this BAA that is known to Business Associate; F.Maintain a system or process to account for any Security Incident, Privacy Incident, or Use or Disclosure of PHI not provided for by this BAA of which Business Associate becomes aware; G.Within 24 hours of Business Associate first becoming aware of a HIPAA Electronic Transactions and Code Sets, Privacy, Security or Standard Identifier Incident, or Use or Disclosure of PHI not provided for by this BAA, notify the Covered Entity and promptly provide a report to Covered Entity. (1)An incident will be considered any physical, technical or personal activity or event that increases the Covered Entity's risk to inappropriate or unauthorized use or disclosure of PHI or causes the Covered Entity to be considered non-compliant with the Administrative Simplification provisions of HIPAA as determined by the Department of Health and Human Services. (2)Notification will be made by Business Associate to the Director, Health Data & Informatics by telephone, 202-461-5839 or secure fax of any HIPAA Electronic Transactions and Code Sets, Privacy, Security or Standard Identifier Incident, or Use or Disclosure of PHI not provided for by this BAA. (3) A written report of the incident, submitted to the Director, Health Data & Informatics within ten (10) business days after initial notification, will document specifics surrounding the incident, what mitigation procedures were implemented to lessen the impact of the incident and what processes have been established to prevent the incident from occurring in the future (reasonable and appropriate safeguards). This report should be documented as a letter and sent to: Director, Health Data & Informatics Department of Veterans Affairs - Veterans Health Administration Office of Information (19F) 810 Vermont Avenue NW Washington, DC 20420 Phone: 202-461-5839 Fax: 202-273-9386 H.Require contractors, subcontractors or agents to whom Business Associate provides PHI received from the CE to agree to the same restrictions and conditions that apply to Business Associate pursuant to this BAA, including implementation of reasonable and appropriate safeguards to protect PHI. Such third party shall be required to adopt and implement information security controls and safeguards that comply with the Federal Information Security Management Act (FISMA), Title III, Pub. L. No. 107-347, codified at 44 U.S.C. § 3541, and other applicable laws pertaining to the VA, including, without limitation, 38 U.S.C. § 5725, together with applicable VA policies pertaining to safeguarding VA Sensitive Data. I.Make available to the Secretary of Health and Human Services Business Associate's internal practices, books and records, including policies and procedures, relating to the Use or Disclosure of PHI for purposes of determining Covered Entity's compliance with the Privacy and Security Rules, subject to any applicable legal privileges; J.If the Business Associate maintains PHI in a Designated Record Set, maintain the information necessary to document the Disclosures of PHI sufficient to make an accounting of those Disclosures as required under the Privacy rule and the Privacy Act, 5 USC 552a, and within ten (10) days of receiving a request from Covered Entity, make available the information necessary for Covered Entity to make an accounting of Disclosures of PHI about an individual in the Designated Record Set or Covered Entity's Privacy Act System of Records; K.If the Business Associate maintains PHI in a Designated Record Set or Privacy Act System of Records, within ten (10) days of receiving a written request from Covered Entity, make available PHI in the Designated Record Set or System of Records necessary for Covered Entity to respond to individuals' requests for access to PHI about them that is not in the possession of Covered Entity; L.If the Business Associate maintains PHI in a Designated Record Set or Privacy Act System of Records, within ten (10) days of receiving a written request from Covered Entity, incorporate any amendments or corrections to the PHI in the Designated Record Set or System of Records in accordance with the Privacy Rule and Privacy Act; M.Not make any Uses or Disclosures of PHI that Covered Entity would be prohibited from making. N.Utilize only contractors, subcontractors, or agents who are physically located within a jurisdiction subject to the laws of the United States. Business associate will ensure that it does not use or disclose PHI received from Covered Entity in any way that will remove the PHI from such jurisdiction. O.When Business Associate is uncertain whether it may make a particular Use or Disclosure of PHI in performance of this BAA, the Business Associate will consult with the Covered Entity before making the Use or Disclosure. P. The Business Associate will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality and integrity, and availability of the PHI that Business Associate receives, maintains, or transmits on behalf of the Covered Entity as required by the Privacy and Security Rules and shall also be required to adopt and implement information security controls and safeguards that comply with FISMA, and other applicable laws pertaining to the VA, including, without limitation, 38 U.S.C. § 5725, together with applicable VA policies pertaining to safeguarding VA Sensitive Data. Q. The BA will provide satisfactory assurances that the confidentiality, integrity, and availability of the PHI, which it receives, creates, transmits or maintains, is reasonably and appropriately protected. R. The BA will provide satisfactory assurances that any agent, including a subcontractor, to whom it provides such information agrees to implement reasonable and appropriate safeguards to protect the data. S. Upon completion of the applicable contract(s) or agreement(s), the Business Associate shall return and/or destroy the PHI gathered, created, received or processed during the performance of the contract(s) or agreement(s), and no data will be retained by the Business Associate, or any agents or subcontractors of the Business Associate, unless retention is required by law or regulation. The Business Associate shall assure that all PHI has been returned to the Covered Entity, destroyed by the Business Associate, or both; as deemed appropriate by the Covered Entity. If immediate return or destruction of all data is not possible, the Business Associate shall assure that all PHI retained will be safeguarded to prevent unauthorized Uses or Disclosures. Until the Business Associate provides assurance, Covered Entity may withhold 15% of the final payment of the contract(s) or agreement(s). 5.Obligations of Covered Entity. Covered Entity agrees that it: A.Has obtained, and will obtain, from Individuals any consents, authorizations and other permissions necessary or required by laws applicable to Covered Entity for Business Associate and Covered Entity to fulfill their obligations under this BAA. B.Will promptly notify Business Associate in writing of any restrictions on the Use and Disclosure of PHI about Individuals that Covered Entity has agreed to that may affect Business Associate's ability to perform its obligations under this BAA; C.Will promptly notify Business Associate in writing of any change in, or revocation of, permission by an Individual to use or disclose PHI, if such change or revocation may affect Business Associate's ability to perform its obligations under this BAA. 6.Material Breach of the BAA. Upon Covered Entity's determination of a material breach of this BAA by Business Associate, Covered Entity shall provide an opportunity for Business Associate to cure the breach; and if cure is not possible, Covered Entity shall report the violation to the Secretary of Health and Human Services. 7.Termination. A. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: (1) Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Agreement and underlying contract(s) if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; (2) Immediately terminate this Agreement and underlying contract(s) if Business Associate has breached a material term of this Agreement and cure is not possible; (3) If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary of Health and Human Services. (4) This BAA may be terminated by the Covered Entity, if appropriate, upon review as defined in Section 13 of this BAA. B. Automatic Termination. This Agreement will automatically terminate upon completion of the Business Associate's duties under all underlying agreements or by mutual written agreement to terminate underlying agreements. C. Effect of Termination. Termination of this Agreement will result in cessation of activities by the Business Associate, and any agents or subcontractors of it involving PHI under this Agreement. 8.Amendment. Business Associate and Covered Entity agree to take such action as is necessary to amend this BAA for Covered Entity to comply with the requirements of the Privacy and Security Rules or other applicable law. 9.No Third Party Beneficiaries. Nothing expressed or implied in this BAA is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 10.Other Applicable Law. This BAA does not, and is not intended to, abrogate any responsibilities of the parties under any other applicable law. 11. Effect of Agreement. With respect solely to the subject matter herein, in the case of any conflict in terms between this BAA and any other previous agreement or addendum between the parties, the terms of this BAA shall control and supersede and nullify any conflicting terms as it relates to the parties in a business associate relationship. 12. Effective Date. This BAA shall be effective on _____________________. 13. Review Date.The provisions of this BAA will be reviewed by the Covered Entity every two years from Effective Date to determine the applicability of the agreement based on the relationship of the parties at the time of review. Department of Veterans Affairs COMPANY/ORGANIZATION Veterans Health Administration ADDRESS CITY, STATE ZIP By: By: Name: Name: Title: Title: Date: Date: WD 95-0761 (Rev.-27) was first posted on www.wdol.gov on 06/19/2012 FL/HH/MS ********************************************************************************** REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON, D.C. 20210 Diane C. Koplewski Division of Wage | Wage Determination No: 1995-0761 Director Determinations Revision No: 27 Date Of Revision: 06/13/2012 ---------------------------------------------------------------------------------- State: Colorado Area: Colorado Counties of Adams, Arapahoe, Boulder, Clear Creek, Denver, Douglas, Elbert, Gilpin, Grand, Jackson, Jefferson, Larimer, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington, Weld, Yuma ---------------------------------------------------------------------------------- **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE Food & Lodging: 07041 - Cook I 12.71 07042 - Cook II 15.27 07070 - Dishwasher 8.73 07130 - Food Service Worker 9.81 07260 - Waiter/Waitress 8.73 11060 - Elevator Operator 8.73 11210 - Laborer, Grounds Maintenance 9.81 11240 - Maid or Houseman 9.81 99030 - Cashier 9.81 99050 - Desk Clerk (see 1) 9.81 Halfway House & Residential Community Treatment: 01011 - Accounting Clerk I 12.87 01012 - Accounting Clerk II 13.55 01111 - General Clerk I 12.06 01311 - Secretary I 14.20 01611 - Word Processor I 12.06 07041 - Cook I 12.71 07042 - Cook II 15.27 07070 - Dishwasher 8.73 07130 - Food Service Worker 9.81 11150 - Janitor 9.81 11210 - Laborer, Grounds Maintenance 9.81 11240 - Maid or Houseman 9.81 23370 - General Maintenance Worker 13.57 27101 - Guard I 11.53 27102 - Guard II 12.36 99050 - Desk Clerk (see 1) 12.06 Moving & Storage: 21020 - Forklift Operator 12.71 21050 - Material Handling Laborer 10.93 21110 - Shipping Packer 12.71 21410 - Warehouse Specialist 12.71 31361 - Truckdriver, Light 12.71 31362 - Truckdriver, Medium 13.57 31363 - Truckdriver, Heavy 14.42 31364 - Truckdriver, Tractor-Trailer 15.27 __________________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $3.71 per hour or $148.40 per week or $643.07 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 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 state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.
 

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