SAM_AMMENDMENT_36C10X24Q0238 0002.docx

36C10X24Q0238

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

NA

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103

To all Offerors/Bidders

06-06-2024

X

The purpose of this amendment is to update SECTION C- Contract Clauses, SECTION D- CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS, SECTION E- SOLICITATION PROVISIONS as well as addressing the questions that were submitted for RFQ: 36C10X24Q0238. Changes and updates are highlighted in BLUE.

All other terms and conditions remain unchanged.

Landover Warehouse Rack Purchase & Install Questions and Answers for RFQ: 36C10X24Q0238

Question: Are we able to get interior pictures of the install area vs conducting an in person walkthrough?

Answer: Please see ATTACHMENT C- SITE PHOTOS for the interior pictures of the site. Please note that site will be clear of all existing pallets prior to racks being delivered and installed.

Question: Will we be responsible for any required engineered plans and drawings for permitting?

Answer: No, the contractor is only responsible for providing a drawing showing how they plan to layout the space with the new pallet racks.

Question: The RFQ calls for a quantity of (15) sections at 144” L, but the drawings show (20) sections. Should the quantity be revised to (20), or are (5) of those sections already furnished and installed?

Answer: No, the quantity is to stay as is, 15 and 2. Please see ATTACHMENT C- SITE PHOTOS for a better understanding and view of the site.

Question: The RFQ and Spec sheet call for Starter units, which have two uprights. However, the drawing shows continuous runs, which would be made up of a starter unit and several “Adder” units with one upright. I have attached a markup of the drawing to demonstrate this. Please advise whether all units need to be starters, or if the appropriate number of adders can be included instead.

Answer: The racks are to have a continuous run with the appropriate number of adders to be included.

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

05-24-2024 Craig Nelson; Craig.Nelson@va.gov 202-763-1585 06-28-2024 10:00am

EDT

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

337215

N/A

Office of Information and Technology Department of Veterans Affairs (VA) 7100 Old Landover Rd Hyattsville, MD 20785

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

VAFSC

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(see Section B.3 invoicing/payment) Austin TX 78714-8917 1-(877)-489-6135

See CONTINUATION Page Office of Information & Technology (OIT) Landover Warehouse Rack Purchase and Install

Please see Section B.2 for Performance Work Statement (PWS) And B.3 for Price Schedule.

Questions due: 06-22-2024, 10:00AM ET Quotes due: See Block 8 above

See Section E, including E.3 and E.5 for quote submission instructions and quote evaluations.

VOSB and SDVOSB may only submit quotes.

See CONTINUATION Page

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

A. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the individuals identified in the Contract Point of Contact List (provided with the final award).

(1) This contract will use electronic commerce to the maximum extent possible (IAW FAR 4.502(a)). All correspondence regarding contract administration matters between the Government team (Contracting Officer, Contract Specialist and Contracting Officer’s Representative) and the Contractor will be handled via email using the email addresses listed in the Contract Point of Contact List, inclusive of any updates provided by the responsible Contracting Officer. Email will be the primary method for providing copies of contract documents to the Contractor or other parties. This applies to contract modifications, acceptance of supplies/services, invoice items addressed outside of the electronic invoicing system (currently Tungsten), contractor performance assessments addressed outside CPARS, terminations and any other actions covered by the Contract Terms and Conditions or other Clauses.

B. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer—System for Award Management.

C. INVOICES: Invoices shall be submitted upon delivery and acceptance by the COR. In accordance with FAR 52.212-4 (g) only proper invoices that contain documentation of services performed will be accepted.

D. CHANGES: Any changes to the Product Description (PD) shall only be authorized and approved through written correspondence from the Contracting Officer (CO). A copy of each change will be kept in the contract folder along with all other products of the project. Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor.

E. CONTRACT TYPE: Firm Fixed Priced (FFP) F. 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.

G. FSC MANDATORY ELECTRONIC INVOICE SUBMISSION: Contractors are required to submit payment requests in electronic form in accordance with the submission instructions below.

TUNGSTEN ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Contractors must do the following when submitting invoices in Tungsten. Failure to do so may cause the system to not properly receive or transmit your invoice for COR approval.

· Complete all fields in Tungsten’s invoice submission.

· Contractor must include in the Contract No. listed in Block 2 of SF1449 (and Order No. in Block 4 if applicable) on all invoices.

· Invoices must use the same line-item format as listed in the Contract Price Schedule.

Vendor Electronic Invoice Submission Methods:

Fax, email 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 data transmissions below.

· VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX 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.

· 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 is http://www.x12.org.

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 in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· VA TUNGSTEN Number: AAA544240062

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· FSC Internet: http://www.fsc.va.gov/einvoice.asp

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

B.2 PERFORMANCE WORK STATEMENT (PWS)

Department of Veterans Affairs (VA) Office of Information and Technology (OI&T) Landover Warehouse Pallet Rack Installation 7100 Old Landover Rd Hyattsville, MD 20785

1.0 INTRODUCTION

Office of Information and Technology (OI&T) leadership recognizes the importance of a work setting that supports the mission and goals of the organization, while providing a comfortable work environment for employees. OI&T will purchase new pallet racks for the warehouse located at 7100 Old Landover Rd Hyattsville, MD 20785. The objective of this requirement is for the contractor to purchase, deliver, and install all racks.

2.0 SCOPE OF WORK

The Government requires contractor support with Purchasing, shipping, and equipment Installation. The contractor shall use the existing square footage of space shown in Attachment A: Floor Plan. The racks must create a layout of a continuous run. All other criteria set forth in the attached specification (Attachment B Technical Equipment Specification) will describe the pallet racks which the Government expects to order. All products listed in the table below are to be delivered and installed at the Department of Veteran Affairs building located at 7100 Old Landover Rd Hyattsville, MD (Warehouse).

The contractor shall purchase, deliver, and install new racks in accordance with the floor plan and technical specifications. The awardee must verify their measurements prior to purchase. The contractor(s) will be escorted by a VA employee and the contractor will be allowed to take pictures (excluding all sensitive items) and measurements. This will allow the contractors to make an accurate assessment of the space and provide a quote. The contactor will be allowed to provide propose dates and times. All walk-throughs must be schedule during normal business hours M-F, 8am – 4pm.

The contractor shall furnish all labor, supervision, materials, supplies, equipment, and expertise necessary to perform the installation of all equipment. The contractor shall work in coordination with the Government, as well as other project team members.

The delivery schedule will be contingent upon the Government's acceptance of the installed rack at the location above. If the delivery dates(s) must be changed, due to item availability or other causes, the Government may modify the terms of the contract.

Deliveries must be made during normal business hours, M-F, 8am-4pm.

3.0 TYPE OF CONTRACT

This is a Firm Fixed Price (FFP) Contract.

4.0 PERIOD OF PERFORMANCE

All equipment and materials shall be delivered and installed within 90 days of contract award.

5.0 PLACE OF PERFORMANCE

All equipment and materials shall be delivered to and installed at 7100 Old Landover Rd Hyattsville, MD 20785 (Warehouse).

Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO) and Contracting Officer’s Representative (COR).

There are eleven (11) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:

Under current definitions, five (5) are set by date:

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six are set by a day of the week and month:

6.0 CONTRACTOR RESPONSIBILITIES

7100 Landover Rd Warehouse:

The contractor shall verify all measurements and quantities prior to equipment purchase and installation

Upon conclusion of the walk through, the contractor will be responsible for equipment purchase, delivery, and installation (bolted to floor)

7.0 TASKS

7.1 Contractor Project Management Plan

The Contractor shall deliver a Contractor Project Management Plan (CPMP) that lays out the Contractor’s approach, timeline, and tools to be used in execution of the contract. The CPMP must take the form of both a narrative and graphic format that displays the schedule, milestones, risks, and resource support. The CPMP must also include how the Contractor shall coordinate and execute planned, routine, and ad hoc data collection reporting requests as identified with the PWS. The initial baseline CPMP shall be concurred upon and updated in accordance with Section B of the contract. The Contractor shall update and maintain the VA PM approved CPMP throughout the POP.

Deliverable:

A. Contractor Project Management Plan

7.2 Provisioning and Installation of Equipment

The Contractor shall use best practices to purchase and install the Warehouse Pallet Racks identified in the table below:

7100 LANDOVER RD HYATTSVILLE, MD

The Contractor shall coordinate all delivery(s) and installation times with the Contracting Officer Representative (COR).

All Warehouse Pallet Racks shall confirm to the salient characteristics identified in ATTACHMENT B – TECHNICAL FURNITURE SPECIFICATIONS. All installed Warehouse Pallet Racks shall be bolted to the concrete floor for safety purposes.

The Warehouse Pallet Racks shall be installed in accordance to the layout specifications identified in ATTACHMENT A - Landover Warehouse Floor Plan.

Within five (5) days after completing the product installation, the contractor shall be available to walk through the space with the COR to verify the working conditions and quality of the equipment installation and jointly prepare a punch list of outstanding items. The contractor shall address all the punch list items.

Deliverables:

B. 15 Pallet Rack Starter with Wire Decks: 144L” x 48W” (48” Deep) C. 2 Pallet Rack Starter with Wire Decks: 108L” x 48W” (48” Deep)

7.3 Equipment Warranty

The contractor shall provide a one-year warranty on all equipment parts and labor. The warranty shall include coverage on all installed equipment. Upon completion of the installation the contractor shall provide the warranty terms and conditions to the CO and COR.

The warranty period shall begin when all equipment and documentation are accepted as completed and fully functional.

Deliverables:

D. Warranty Terms and Conditions

8.0 SHIPMENT OF HARDWARE OR EQUIPMENT

All shipping and handling charges shall be paid by the contractor. Responsibility and liability for loss or damage shall remain with the contractor until final inspection or acceptance by VA.

Inspection: Destination Acceptance: Destination Free on Board (FOB): Destination

Ship To and Mark For:

The Contractor shall coordinate with the appropriate Points of Contact listed below for shipment.

Alternate

8.1 SPECIAL SHIPPING INSTRUCTIONS

Prior to shipping, Contractor shall notify Site POCs, by phone followed by email, of all incoming deliveries including line-by-line details for review of requirements. The Contractor shall not make any changes to the delivery schedule at the request of Site POC.

Contractors shall coordinate deliveries with Site POCs before shipment of hardware to ensure sites have adequate storage space.

All shipments, either single or multiple container deliveries, shall bear the Contract number on external shipping labels and associated manifests or packing lists. In the case of multiple container deliveries, a statement readable near the Contract number shall indicate total number of containers for the complete shipment (e.g. “Package 1 of 2”), clearly readable on manifests and external shipping labels.

Packing Slips/Labels and Lists shall also include the following:

Contract #: ____________ (Contract number is located in block # 2 of the SF 1449) Project Description: (e.g. Tier I Lifecycle Refresh) Total number of Containers: Package ___ of ___. (e.g., Package 1 of 3)

9.0 GENERAL REQUIREMENTS

Kick off Meeting: The Contractor agrees to attend the virtual post award kick off which will be scheduled by the COR. The meeting will be at no additional cost to the government. The government prefer to use MS Teams, Zoom, or Google.

Installation Hours: Deliveries must be made from 8:00am to 4:00pm (EST) with installation services during regular business hours (8:00am to 4:00pm (EST) to the maximum extent possible according to the schedule developed with Government approval. If required to meet the approved installation schedule, evening and weekend hours may be necessary and determined in advance and with approval from Contracting Officer as based on building requirements and/or Government time requirements.

Damages: The Contractor shall protect all hallways, walls, and floors, including carpet and tile, during the installation with material, temporary wall coverings, and corner guards. No adhesive residue shall remain on walls or floors upon removal of protective materials. Proper measures like protective runner and pads; shall be utilized by the contractor to protect the building, elevators, walls, floors, and equipment.

The Contractor shall be responsible for any damages caused to the building during delivery and installation. It is incumbent upon the successful contractor to identify any existing damage to the building by means of a Pre-Installation and Delivery Walk-Thru, and daily submissions of checklists to the designated agency representative on site. Proper measures (protective runners, pads, etc.) shall be provided and utilized by the contractor to protect the building (elevators, walls, floors, etc.).

Clean up: The contractor shall clean up and dispose of waste materials or rubbish in accordance with this paragraph and all applicable federal, state, and local regulations, standards, codes, and laws. The contractor shall make any necessary arrangements with private parties and with county officials pertaining to location and regulation of such disposal. Any fees or charges for disposal of materials shall be the responsibility of the contractor. The contractor shall always keep the job site, including staging and storage areas used by the contractor, free from accumulations of waste material or rubbish. This material shall be removed daily to eliminate the accumulation of debris. Prior to completion of the work, the contractor shall remove from the vicinity of the work all shipping containers, packing, rubbish, unused materials, and other like material, belonging to the contractor or used under the contractor's discretion.

Contractor Personnel: The Contractor shall be responsible for confining his crew and work to the designated project areas. Contractor shall also be responsible for ensuring that the installation personnel are identifiable. Contractor will be required to submit the names, dates of birth and SSN of all personnel proposed to work on the project site. This effort must be completed at a minimum of 30 working days prior to site access for delivery and installation. Installation supervision shall be handled by an experienced on-site supervisor trained by the manufacturer. The equipment system installers shall have the following qualifications:

Code Compliance: All products and installation shall comply with all state, local, and federal building codes, local ordinances, and regulations. The responsibility for determining and assuring compliance is that of the successful contractor.

Building Utilities: The contractor's work shall not interrupt building utility services without the prior written approval of the COR.

Physical Security & Safety Requirements: The Contractor and their personnel shall follow all VA policies, standard operating procedures, applicable laws and regulations while on VA property. Violations of VA regulations and policies may result in citation and disciplinary measures for persons violating the law. The contractor will always be escorted by VA personnel. The contractor must provide a list of all personnel who will work on this project and will enter VA facilities. All contractors will go through an internal security check and will have to provide a Validate State ID and/or Passport, SSN, and Place of Birth.

The Contractor and their personnel shall always wear visible identification while they are on the premises.

VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. VA will not -validate or make reimbursement for parking violations of the Contractor under any conditions.

Smoking is prohibited inside/outside any building other than the designated smoking areas.

Possession of weapons is prohibited.

10.0 SITE CONDITIONS

1) There may not be space available onsite to allow for staging or storage of the equipment, in which case, delivery coordination and staging must be closely managed. If space is available, the product(s) can be staged and stored on site.

2) The government will provide floor plan. See ATTACHMENT A - Landover Warehouse Floor Plan_REV 5.

11.0 Deliverable Schedule:

The Contractor shall deliver documentation in electronic format, unless otherwise directed by the COR. Acceptable electronic media include MS Word 2000/2003/2007/2010, MS Excel 2000/2003/2007/2010, MS PowerPoint 2000/2003/2007/2010, MS Project 2000/2003/2007/2010, MS Access, Adobe Pro.

12.0 PERFORMANCE METRICS

The COR shall conduct performance assessments periodically according to this solicitation and the contract. The Performance Metrics will be used throughout the life of the order/contract to ensure the Contractor is performing the services and delivering the required supplies in accordance with the order/contract. These dates are based on the deliverable schedule above.

COR

13.0 SITE VISIT

It is strongly suggested and expected that the offeror inspect the facility to be serviced to fully understand the nature of the work and the conditions under which the work is to be performed. In no case shall failure to inspect the facility constitute grounds for a claim after contract award.

SITE VISIT IS TO BE SCHEDULED WITH THE COR.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Rack Size: 48W”x 144L x 48D”

Contract Period: Base POP Begin: 06-24-2024 POP End: 09-23-2024

Rack Size: 48W”x 108L”x 48D”

Purchase, Deliver and Install

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[X] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and…