36C10G21R0014.docx

COMBINED SYNOPSIS / SOLICITATION 36C10G21R0014 Page 93 of 93 Contract Opportunity Combined Synopsis/Solicitation Notice

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice Q999 Continuous Survey Readiness VA-21-00026400 22408-2697 36C10G21R0014 06-07-2021 15:00

EASTERN TIME, NEW YORK, USA

N 541611 U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697 Contract Specialist Priscilla Burke Priscilla.Burke@va.gov 202-632-9177 See Attachment https://www.va.gov To learn more about SAC and its mission, please click here

SECTION A

A.1 COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

Posted Date:

Original Response Date:

Current Response Date:

A.2 GENERAL INFORMATION

Contracting Office Address:

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC) 10300 Spotsylvania Ave, Suite 400 Fredericksburg, VA 22408

Description:

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation document will not be issued.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541611, with a small business size standard of $16.5M.

This solicitation is a Request For Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-05 published in the Federal Register on March 10, 2021.

Type of Contract:

The Government will award a single vendor a Firm Fixed Price (FFP) contract that will be most advantageous to the Government, price and other factors considered.

Number of Contracts to be Awarded:

The Government intends to select one contractor for this acquisition. However, the Government reserves the right not to award a contract at all, depending on the quality of the proposals and prices submitted and the availability of funds.

Acquisition Office:

The Office of Procurement, Acquisition and Logistics, Strategic Acquisition Center, 10300 Spotsylvania Ave, Suite 400, Fredericksburg, VA 22408.

All interested companies shall provide proposal for the following Continuous Readiness Services:

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C10G U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic

Submission of Payment Requests.

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-8917

5. FSC MANDATORY ELECTRONIC INVOICE SUBMISSION: Contractors are required to submit payment requests in electronic form in accordance with the submission instructions on next page.

TUNGSTEN ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Contracting POC: <insert contact info here> COR (Contracting Officers Representative): <insert contact info here> Contract/Task Order Number: <insert contract info here> Purchase Order Number: <insert purchase order info here>

a. Vendor Electronic Invoice Submission Methods:

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below.

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org)

b. Vendor e-invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below.

1. Tungsten e-Invoice Setup Information: 1-877-489-6135

2. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

3. FSC e-Invoice Contact Information: 1-877-353-9791

4. FSC e-invoice email: vafsccshd@va.gov

See https://www.fsc.va.gov/einvoice.asp for more information.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

COMBINED SYNOPSIS / SOLICITATION 36C10G21R0014 Page 5 of 93

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B.2 PERFOMANCE WORK STATEMENT

Part 1. Scope of Work

1.1 Description of Services/Introduction:

The Department of Veterans Affairs (VA), Veterans Health Administration (VHA) has a requirement for non-personal services to provide Continuous Readiness Services (CRS), also known as continuous standards compliance, across the VA hospital enterprise.

1.3 Objectives:

The objectives of this requirement are to:

a. Support the standardized approach for VHA national continuous readiness and compliance with TJC healthcare accreditation standards and processes.

b. Enhance VHA staff knowledge of TJC accreditation survey process and standards.

c. Increase patient safety and improve patient outcomes.

1.4 Scope:

The contractor shall perform all services. The contractor shall provide all qualified personnel, equipment, supplies, facilities, transportation, travel, tools, materials, supervision, and other items and non-personal services necessary to successfully perform the tasks, meet the objectives and outcomes as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. The contractor shall perform to the standards in this contract.

The purpose of this procurement action is to acquire continuous survey readiness services, also known as continuous standards compliance. The accreditation process is a complex system of related and interdependent activities which enable the VHA to maintain a constant state of regulatory readiness and maintain a safe healthcare environment. These services will support all VA Medical Centers/Facilities and identified VHACO Program Offices to enable a continuous survey readiness program to achieve and continue compliance with TJC accreditation standards and processes.

1.5 Period of Performance:

The period of performance shall be for one, 12-month base period and four, 12-month option periods. Option periods are exercised as a required and are not guaranteed. The anticipated Period of Performance reads as follows:

1.6 Recognized Holidays:

The contractor is not required to perform services on the following Federal holidays.

1.7 Hours of Operation:

The contractor is responsible for conducting business, between the hours of 7:00AM and 5:00PM Monday thru Friday except federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.8 Place of Performance:

The work to be performed under the resulting contract will be performed at VA Medical Centers/Facilities throughout the United States and Puerto Rico. A complete listing is provided (see Section D).

1.9 Type of Contract:

The government will award a single vendor “best value” Firm Fixed Price (FFP) contract.

1.10 Security Requirements:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. The position sensitivity for this effort has been designated as LOW.

1.11 Physical Security:

The Contractor shall be responsible for safeguarding government equipment, information, and property provided for contractor use. Any Government equipment provided to the contractor shall be handled and safeguarded per the Federal Acquisition Regulation (FAR) 45.104(a), Responsibility and Liability for Government Property and FAR 24.103 Procedures (Protection of Individual Privacy). Contractor will be escorted at all times during their site visit by a VA employee or designated Federally contracted employees with access badge, such as security.

1.12 Data Rights:

The Government has unlimited rights to all documents/material produced under this contract per FAR 27.409(b)(1). All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials, including, but not limited to, manuals, pamphlets, reports, training slides supplied to the Government shall be the sole property of the Government.

1.13 Confidentiality of Data and Privacy Act:

The contractor may, during performance, observe or handle information subject to the Privacy Act or other Federal regulations. Duplication or disclosure of data and other information to which the contractor will or may have access because of this contract is prohibited by law. It is understood that throughout the performance of the contract, the contractor may have access to confidential data that is either the sole property of VA or is the sole property of other than the contracting parties. The contractor hereby agrees to maintain the confidentiality of all such data to which access may be gained throughout contract performance, whether title thereto vests in VA or otherwise. The contractor hereby agrees not to disclose said data, any interpretation thereof, or data derivative thereto unauthorized parties in contravention of the provisions, without the written approval of the CO, or the party in which the title is wholly vested.

Also, FAR 52.224-1 Privacy Act Notification and FAR 52.224-2, Privacy Act, as stated in Section I, Contract Clauses, applies to this contract. All contract personnel performing on this contract will be required to sign a Certificate of Confidentiality and Non-Disclosure prior to commencing work. The Certificate will be provided and maintained by the COR and added to the contract file. Any information systems involved with this contract are classified as systems of records subject to the Privacy Act of 1974 (Public Law 93-579) and all applicable Health Insurance Portability and Accountability Act (HIPAA) regulations.

1.14 Quality Control:

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of deficient services. The contractor’s quality control program is the means by which the contractor assures work performed complies with the requirements of the PWS.

1.15 Quality Assurance:

The Government shall evaluate the contractor’s performance under this contract in accordance with the contractor’s Quality Assurance Plan and Acceptable Quality Level (AQL). This plan is primarily focused on what the Government must survey to ensure the contractor has performed in accordance with the performance objectives and AQL. It defines how the performance objectives will be achieved, the frequency of surveillance, and the minimum acceptable performance objectives.

1.16 Post Award Conference:

Within 10 business days of contract award or Notice to Proceed, the Contractor shall coordinate with the COR and the Contracting Officer (CO) to conduct a Project Initiation/Kickoff meeting with VA. The meeting shall initiate the communication process between VA and the Contractor and shall be held at 10300 Spotsylvania Ave Fredericksburg, VA or via conference call. The purpose of this meeting is to introduce the key contractor personnel performing work related to this requirement; provide an overview of requirement administration and reporting; Review contract, contractor and Government responsibilities and authority, and task order issuance, review significant dates; and complete any standard administrative issues.

1.17 Contracting Officer Representative (COR):

The COR will be identified by separate letter. The COR monitors technical aspects of the contract and assists in contract administration, per the contractor provided Performance / Quality Assurance Plan for quality monitoring.

A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, or in estimates or changes in delivery dates. The COR is not authorized to change the terms and conditions of the resulting contract.

1.18 Contractor Travel:

Contractor will be authorized cost reimbursement for travel expenses in accordance with the Federal Travel Regulation (FTR). Funds specified in resulting contract will be a not to exceed dollar value. All travel requires Government approval/authorization by the COR. The Government will reserve the right to de-obligate unexpended funds. Travel shall not exceed $300,000.00. Any expenditures above this amount shall not be reimbursable.

Part 2. Definitions and Acronyms

2.1 Definitions:

These and other definitions and acronyms can be found at FAR 2.101 Definitions

2.1.1. Deliverable:

Deliverables may be physically or electronically delivered. Deliverables that are not separately priced (NSP) shall be included in the reports service cost. Deliverables that are not electronically provided shall be shipped Freight of Board (FOB) destination or physically delivered to the location by the contractor.

2.1.3 Physical Security:

Actions including, but not limited to, the prevention of loss or damage of Government property, injury to any patient or VA employee, and safeguarding of information.

2.1.4 Quality Assurance:

The Government’s procedures to verify services being performed by the Contractor are performed according to acceptable performance objectives and AQLs.

2.1.5. Quality Assurance Plan (QAP):

Quality Assurance Plan shall, as a minimum, be based on the Performance Requirements Summary (PRS), outcomes, and identify how the Performance Objectives will be achieved.

2.2 Acronyms:

Part 3. Government Furnished Items and Services

3.1 TJC Standards and Survey Results:

The Government will provide The Joint Commission Standards policies and results of previous survey reports.

Part 4. Specific Tasks

4.1 Contractor Account Manager:

Contractor shall assign a Contractor Account Manager (CAM) (and alternate), who shall have full authority to act for the contractor (i.e., resolve disputes, sign documents, etc.) on all matters relating to this acquisition. The name and contact information for the CAM (and alternate) shall be designated in writing to the CO and COR prior to contract award. The CAM shall be available during normal business hours.

Changes in the CAM, at any time, shall require the Contractor to notify the CO of the new representative at least five working days prior to the change. This notification shall be in writing and shall state the name and contact information for the new CAM and include the indication that the replacement holds equal or better education and experience.

4.2 Business Associate Agreement (BAA):

The contractor shall have a Business Associate Agreement (BAA) and safeguard Personal Health Information (PHI) agreements. (see Section D)

4.3 Personnel Certificate of Confidentiality and Non-Disclosure Agreement:

All contractor staff working on this contract shall complete a Personnel Certificate of Confidentiality and Non-Disclosure. (see Section D)

4.4 VA Privacy Training Certificate:

The Contractor staff shall submit certificate of completion for VA Privacy and Information Security Awareness and Rules of Behavior (VA10176) training annually. The Contractor shall have no access to the VA computer network.

4.5 Quality Assurance Plan (QAP) Quality Control Plan (QCP)

The draft Quality Assurance Plan / Quality Control Plan shall be submitted per the solicitation, and as a minimum, be based on the Performance Requirements Summary (PRS), outcomes, and identify how the Performance Objectives will be achieved. It shall address all the personnel, specific tasks in the PWS, and remedial actions. The final version shall be submitted per the PRS to the CO and COR. After acceptance of the QCP the contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to his quality control program.

4.6 Continuous Readiness Services (Facility):

The contractor shall conduct one tailored consultation episode to each of the 159 VA hospitals per performance period (see Section D). Each site POC should coordinate logistical aspects with the contractor for consultation. The site POC has no authority to direct contractor performance.

This task shall require interpretation of TJC healthcare accreditation processes and standards under which the VA hospital currently holds accreditation. Applicable TJC programs for VHA facilities are: Hospital, Ambulatory, Behavioral Health and Humans Services, and Home Care.

Tailored consultation may include, but is not limited to, organizational assessment of healthcare processes for standards compliance, policy reviews, development of post-survey responses, review/evaluation of corrective action sustainment, and recommendations for correction of non-compliance., Services will include collaboration with VA staff, via, in person, electronic, and telephonic communications, and/or training sessions Each episode of consultation will include a written report provided to the site POC, outlining the details of the tailored services provided, such as TJC standards, observations of non-compliance, and strategies for corrective actions.

The objective of this task is to provide answers and recommend actions to maintain compliance with The Joint Commission accreditation processes and standards.

The desired outcome is individualized consultation for each VA facility in support of TJC survey preparation and continuous standards compliance.

4.7 Adverse Decision Post-Survey Services (Facility):

The contractor shall conduct post-survey tailored services for VA facilities that receive an adverse accreditation decision (e.g. Accreditation with Follow Up Survey, Preliminary Denial of Accreditation) as a result of TJC accreditation survey. Tailored services include, but are not limited to, the development of post-survey responses prior to submission to TJC (e.g. Clarification, Evidence of Standards Compliance, Plan of Care), implementation of corrective actions, and preparation for required TJC follow-up surveys. Each site POC should coordinate logistical aspects with the contractor for consultation. The site POC has no authority to direct contractor performance.

This task shall be requested by the VHA COR. VA facility POC and CAM shall coordinate and collaborate for the tailored adverse decision post-survey services.

The objective of this task is to provide support and assistance for completing all required post-survey activity associated with adverse decision.

The desired outcome is tailored consultation specific to the adverse decision post-survey process for timely submission of required responses and preparedness of for required follow-up survey activity.

4.8 Continuous Readiness Services (Program Office):

The contractor shall conduct one episode of tailored consultation for seven VHA Central Office (VHACO) Program Offices per performance period. Program Offices include, but is not limited to, Credentialing and Privileging, Pharmacy, Nursing, Engineering, National Center for Patient Safety, Designation of applicable VHACO Program Offices is determined by the COR and communicated upon initiation of each performance period. This task will require interpretation of TJC healthcare accreditation standards, policy review/development, response to questions and providing informational feedback, education/training, and collaboration with VA staff, via, in person, electronic, and telephonic communications. Each VHACO Program Office site POC should coordinate logistical aspects with the contractor for consultation. The site POC has no authority to direct contractor performance.

The objective of this task is to provide consultative services to VHA Program Offices in support of maintaining national practice in alignment with The Joint Commission accreditation processes and standards compliance.

The desired outcome is tailored consultation for each VHACO Program Office in support of TJC accreditation processes and continuous standards compliance.

4.9 National Education Webinars

The contractor shall conduct six national educations (training) per performance period specific to TJC accreditation standards, processes, and initiatives. National educations (training) will be conducted via VA/VHA approved platform (e.g. MS Teams, Webex) with live video, audio streaming, and recording for future VA views. All educational (training) materials shall be provided via electronic means (PowerPoint, PDF, Excel, etc.) by the contractor. Scheduling of the National Educations, including topics, shall be agreed upon by the COR and the contractor during each performance period.

The objective of this task is to provide national educations (trainings) highlighting TJC accreditation standards and process, including but not limited to current standards, upcoming changes, and compliance strategies.

The desired outcome is to enhance VHA staff knowledge of TJC accreditation standards and process.

4.10 Post Award / Kickoff Conference

The contractor shall participate and have all critical positions required to meet the PWS requirements present at the meeting. The time and place shall be designated by the CO. No performance shall begin on the contract until after the Kickoff Meeting and a Notice to Proceed is provided by the CO.

The objective of this task is to provide a post award orientation to aid both Government and contractor personnel to achieve a clear and mutual understanding of all contract requirements and identify and resolve potential problems.

The desired outcome is the clear understanding of the requirements by both parties and the Notice to Proceed is issued.

will include topics, dates, findings (if applicable), and all related aspects of the consultation.

The objective of this task is to provide efficient communication of all consultative activities associated with the contract.

The desired outcome is monthly communications of customer feedback and contractor reports provided to each site

Part 5. Deliverables:

5.1 Deliverables/Reporting Requirements:

The contractor shall submit reports to the COR or the Contracting Officer as per the Performance Requirements Summary (PRS). The complete lists of deliverables are provided in the PRS. As a result of submissions additional information and/or clarification may be required and shall be provided upon request. Deliverable dates may be adjusted by mutual agreement via modification.

5.2 Method and Distribution of Deliverables:

Unless specified or otherwise mutually agreed to, all information, data, and reports used or produced for this contract shall be in an electronic format fully compatible with Microsoft Office software.

Part 6. Performance Metrics:

6.1 Performance Requirements Summary (PRS)

The contractor shall perform to the requirements in the PRS. The Government shall utilize the performance metrics in relation to the final approved contractor QAP and the PRS to ensure performance to the requirements of the PWS. See next page for PRS.

THIS SECTION INTENTIONALLY LEFT BLANK

PERFORMANCE REQUIREMENTS SUMMARY

TASKS

ITEM DESCRIPTION

4.4

PERFORMANCE REQUIREMENTS SUMMARY

TASKS

ITEM DESCRIPTION

On the 15th of every month for the previous entire month during each performance period / Task Order.

6.2 Acceptable Quality Level (AQL):

The ratings shall be used as a guide when conducting quality assurance throughout the life of the contract. This is to ensure the Contractor is performing the services required by this PWS in an acceptable manner as indicated in the Acceptable Quality Level (AQL).

ACCEPTABLE QUALITY LEVEL (AQL)

4.1 Contractor Account Manager (CAM)

Complies with the requirements in the PWS for availability & Identification

4.2 Business Associate Agreement (BAA)

4.3 Personnel Certificate of Confidentiality and Non-Disclosure

ACCEPTABLE QUALITY LEVEL (AQL)

4.4 VA Privacy Training Certificate

4.5 Quality Control Plan

Compliance = 90%

4.6 Continuous Readiness Services (Facility)

4.7 Adverse Decision Post-Survey Readiness Services (Facility)

Review of facility post-survey responses, TJC acceptance of facility submission, and outcome of facility unannounced follow-up surveys (e.g. change in accreditation decision)

Task re-performance; CAR; Termination; CPARS

ACCEPTABLE QUALITY LEVEL (AQL)

4.8 Continuous Readiness Services (Program Office)

4.9 National Education Webinar Appropriate expertise and staffing level to successfully complete assigned tasks within required deadlines

4.10 Post Award / Kickoff Conference

Attendance by Contractor and Key Contractor Personnel; Cooperative; prepared; ready to perform

100%

4.11 Feedback Report

Submits reports as described in the PWS, and PRS

90% as defined in PWS and PRS for timeliness quality of the product

Periodic review by VA COR

Task re-performance; CAR; Termination; CPARS

4.11 Cumulative Monthly Report

Submits reports as described in the PWS, and PRS.

90% as defined in PWS and PRS for timeliness of the product

Periodic review by VA COR

Task re-performance; CAR; Termination; CPARS

6.3 Performance Ratings:

The following ratings shall be used in order to determine the level of performance achieved by the contractor in accordance with the PWS, in relation to the AQLs, along with the PRS as a guide when conducting quality assurance throughout the life of the contract. Performance above or below the standard, for above factors, will be documented in the Contractor’s Performance Assessment Reporting System (CPARS) for the reporting period.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Period: Base POP Begin: 08-27-2021 POP End: 08-26-2022

Contract Period: Base POP Begin: 08-27-2021 POP End: 08-26-2022

Contract Period: Base POP Begin: 08-27-2021 POP End: 08-26-2022

Contract Period: Base POP Begin: 08-27-2021 POP End: 08-26-2022

Cost Reimbursable

IAW PWS 1.18

NTE $300,000.00

Contract Period: Base POP Begin: 08-27-2021 POP End: 08-26-2022

Contract Period: Option 1 POP Begin: 08-27-2022 POP End: 08-26-2023

Contract Period: Option 1 POP Begin: 08-27-2022 POP End: 08-26-2023

Contract Period: Option 1 POP Begin: 08-27-2022 POP End: 08-26-2023

Contract Period: Option 1 POP Begin: 08-27-2022 POP End: 08-26-2023

Cost Reimbursable

IAW PWS 1.18

NTE $300,000.00

Contract Period: Option 1 POP Begin: 08-27-2022 POP End: 08-26-2023

Contract Period: Option 2 POP Begin: 08-27-2023 POP End: 08-26-2024

Contract Period: Option 2 POP Begin: 08-27-2023 POP End: 08-26-2024

Contract Period: Option 2 POP Begin: 08-27-2023 POP End: 08-26-2024

Contract Period: Option 2 POP Begin: 08-27-2023 POP End: 08-26-2024

IAW PWS 1.18

NTE $300,000.00

Contract Period: Option 2 POP Begin: 08-27-2023 POP End: 08-26-2024

Contract Period: Option 3 POP Begin: 08-27-2024 POP End: 08-26-2025

Contract Period: Option 3 POP Begin: 08-27-2024 POP End: 08-26-2025

Contract Period: Option 3 POP Begin: 08-27-2024 POP End: 08-26-2025

Contract Period: Option 3 POP Begin: 08-27-2024 POP End: 08-26-2025

Cost Reimbursable

IAW PWS 1.18

NTE $300,000.00

Contract Period: Option 3 POP Begin: 08-27-2024 POP End: 08-26-2025

Contract Period: Option 4 POP Begin: 08-27-2025 POP End: 08-26-2026

Contract Period: Option 4 POP Begin: 08-27-2025 POP End: 08-26-2026

Contract Period: Option 4 POP Begin: 08-27-2025 POP End: 08-26-2026

Contract Period: Option 4 POP Begin: 08-27-2025 POP End: 08-26-2026

Cost Reimbursable

IAW PWS 1.18

NTE $300,000.00

Contract Period: Option 4 POP Begin: 08-27-2025 POP End: 08-26-2026

Contract Period: 6 Month extension per 52.217-8 POP Begin: 08-27-2025 POP End: 02-26-2026

Contract Period: 6 Month extension per 52.217-8 POP Begin: 08-27-2025 POP End: 02-26-2026

Contract Period: 6 Month extension per 52.217-8 POP Begin: 08-27-2025 POP End: 02-26-2026

Contract Period: 6 Month extension per 52.217-8 POP Begin: 08-27-2025 POP End: 02-26-2026

Cost Reimbursable

IAW PWS 1.18

NTE $150,000.00

Contract Period: 6 Month extension per 52.217-8 POP Begin: 08-27-2025 POP End: 02-26-2026

(Unit of Measure SS = Session)

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 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…