36C24220Q0315-001.docx

36C24220Q0315

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.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

526-20-2-636-0211 36C24220Q0315 02-04-2020 Safa Shlewiet 718-741-4766 02-11-2020

4:30PM EST

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468-3904 X X 561320 $30 Million N/A X James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468 36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx

NY

10468-3904

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

See CONTINUATION Page Temporary staff for following trades for 120 work days at James J. Peters VA Medical Center 4 Journeymen Electricians 4 Journeymen Plumbers 4 Journeymen Carpenters In accordance with the statement of work pages 4-9 52.212-2 Evaluation—Commercial items on page 37.

All questions must be submitted in writing via email to safa.shleiwet@va.gov by 12:00 PM EST Febreuary 6, 2020 See CONTINUATION Page X X x Safa Shleiwet Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Safa Shleiwet Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

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.

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

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

B.2 STATEMENT OF WORK

Hiring 12 temporary workers for 120 work days to clear up the life safety and annual workplace evaluation (AWE) issues at the James J. Peters VA Medical Center, 160 West Kingsbridge Road, Bronx, New York, 10468.

Introduction and Background

Engineering Services (138) is committed and proudly serves the VA Medical Center, Bronx Campus, providing the best possible environment for health care to veterans and highest standards of service to customers. We do this by improving and maintaining our physical structures and by providing the equipment, supplies, testing and preventive maintenance necessary to support excellence in health care.

We are in need of hiring 12 temporary workers for 120 work days to clear up Life Safety and AWE issues. The James J. Peters VA Bronx Medical Center is dedicated to providing quality health care to veterans using the abilities of all employees supported by our commitment to education and research.

We are recognized locally, regionally, and nationally as a leader in quality patient care, positive customer service, medical/allied health education, health-related research and employment opportunities. We seek to be the provider of choice of veterans and the community by offering an efficient, integrated quality health care system capable of providing a full range of primary, specialty and chronic health care services in a system that is readily accessible and responsive to change.

The VA Bronx Engineering Service function is dedicated to optimizing the health care and overall physical environment of the Bronx Campus and ensuring the seamless operation of the Medical Center. This typically includes maintenance of structures, grounds, and associated equipment, operations of heating and air conditioning plants, water and sewerage treatment plants and all associated repairs. The Engineering Service works with Administration and Medical identifying and correcting issues associated with building supervision, construction, modernization, maintenance of utility systems and associated equipment to assure compliance with regulations, operating standards, and ability to meet medical needs. Major functions of the Engineering Department include: functional space requirements (e.g., patient flow, work flow, lines of sight, patient isolation, etc.), smoke control, air conditioning and humidity control, life support systems (e.g., air, oxygen, vacuum, emergency power, etc.), electrical safety, energy conservation, and budgetary constraints. One of the major VA Bronx Engineering Service’s objectives is the prevention of Engineering related and Construction/Maintenance related Safety Hazards. The VA Bronx Engineering Service is assuring the continuous operation of essential patient services to our Veterans and rapid response to conditions which may interfere with such services.

Objective

The Government is in need of hiring 12 temporary workers for 120 work days period, to clear up the Life Safety and Annual Workplace Evaluation (AWE) Issues at the James J. Peters VA Medical Center, 130 West Kingsbridge Road, Bronx, New York 10468. Monday through Friday from 8AM until 4:30 PM excluding Federal Holidays.

The period of performance is from award date to 120 work days afterward. Must be journeymen in their specific trades and be able to perform all of the work associated with those trades alone or with minimal supervision.

Journeymen will report to the Maintenance and Operations Supervisor at 8AM every morning to receive their assignments for the day. The individuals must provide their own tools to accomplish the work assigned to them.

4 Journeymen Electricians with the ability to do but not limited to the following:

Under the administrative supervision of the Maintenance and Operations Supervisor the incumbent will perform work to correct annual workplace evaluation issues and installs, modifies, repairs, maintains, troubleshoots, tests, and loads new and existing electrical lines, circuits, systems, and associated fixtures, controls, and equipment. These include secondary power distribution lines and circuits used to supply a wide range of voltage, amperage, phase, and frequency requirements to distribution panels, switchgear, power and control circuits; industrial multiphase systems; thermocouple sensors; electrical intrusion alarm and fire alarm system; emergency warning systems; lighting protection systems; high intensity lighting systems with associated controls; target mechanisms; AC and DC rectification systems; galvanic and impressed current cathodic protection systems which prevent corrosion on underground or submerged equipment and pipes; amplifier circuits, and related electrical equipment. Works from building plans, blueprints, wiring diagrams, engineering, drawings, and electrical maintenance and repair manuals to plan and lay out the routing, placement type, size, gauge, balance, load, continuity, and safe operation of electrical lines, circuits, systems, equipment and controls that support industrial operations, computer complexes, or similar complex electrical loads. Traces hard-to-locate defects or problems associated with the completion of repairs and installations. Determines and places distribution panels, boxes, fittings, and connections and install wiring, couplings, conduit, relays, fixtures, transformers and other electrical devices including electrical service entrances.

Knowledge of the operation and installation of a variety of complete electrical systems and equipment, such as series, parallel, and compound circuits for single and multiple phase alternating current of varying voltage, amperage, and frequency; wiring systems in industrial complexes and in buildings; and power or regulating and control circuits and distribution panels to industrial machinery, ships' control equipment, computers or laboratory and other electrical equipment in order to plan, lay out, install, modify, troubleshoot, and repair a variety of complete systems as well as any parts of these systems. Knowledge of the various gauges, sizes, and types of wire, conduit, couplings, fittings, relays, boxes, circuit breakers, and other electrical devices, and the ability to arrange and install them in ways that insure proper and safe operation of electrical systems and equipment. Ability to interpret and apply the National Electrical Code, local codes, building plans, blueprints, wiring diagrams, and engineering drawings, and to use trade formulas to calculate common properties, e.g., voltage, voltage drop and current capability in series and parallel circuits, resistance, inductance, capacitance, power factor, current flow, and temperature, and length in single and multiple raceways, conduits, gutters, and cable trays. Skill in the use of hand tools; power tools, such as cable pullers, hydraulic benders, and pipe threading machines; and a wide variety of test equipment, for example, meggers, multi-meters, frequency meters, watt meters, power factor meters, vibro-grounds, phase rotation meters, audio tone location equipment, high potential testers, ground fault interrupter testing equipment, recording amp meters, circuit analyzers, circuit breaker testers, resistance bridges, and cathodic protection test sets. Knowledge of National Electrical Code requirements in order to ensure the safe and proper operation of systems and equipment. Basic familiarity with electronics to recognize parts, such as resistors, capacitors, and transistors; operate basic test equipment such as signal generators, signal tracers, and oscilloscopes; and read schematics of uncomplicated assemblies to determine locations of defective parts.

The Maintenance and Operations supervisor assigns work orally and through work orders, building plans, wiring diagrams, and engineering drawings. Incumbent plans and lays out the routing, placement, and arrangement of industrial or similarly complex systems, circuits, controls, and equipment. Incumbent determines installations and repairs including such considerations as the types, sizes, gauges, and lay out of conduit, wiring, couplings, fittings, relays, controls, and distribution panels, and other electrical devices used in a variety of complete electrical systems and the best methods of installation and repair. Incumbent completes installations, modifications, and repairs, and load and test systems, circuits, equipment, and controls with little or no supervisory review during the progress or upon completion of work.

The supervisor checks overall work to ensure that it meets accepted trade standards and is completed in a timely manner. Repairs and installations are made from ladders, scaffolding, platforms, and other hard-to-reach places. This requires the incumbent to stand, stoop, bend, kneel, climb, and work in tiring and uncomfortable positions. The work requires frequently lifting and carrying of fools, equipment, and parts that weigh up to 20 pounds and, less often, up to 40 pounds.

The work is performed both inside and outside. The incumbent is sometimes required to make repairs and installations in bad weather; in work areas that are noisy, dirty, dusty, and greasy; on scaffolding or cranes at heights of 30 feet or more; and in close quarters such as manholes and attics. Incumbent is occasionally exposed to the possibility of injury from falling, electrical shock, burns, and rotary devices such as electrical motors; and is frequently exposed to the possibility of cuts and bruises.

4 Journeymen Plumbers with the ability to do but not limited to the following:

This position is located at the James J. Peters VA Medical Center, Bronx Campus, 160 West Kingsbridge Road, Bronx NY 10468. The work includes working to correct life safety workplace evaluation issues and work with pipes and fittings from a range of high pressure to low pressure steam.

Inspecting, adjusting, cleaning, repairing, the following: plumbing fixtures and systems, steam operated equipment, heating and water systems, waste lines, kitchen and laundry equipment, air compressors, medical compressed air systems, vacuum systems, oxygen systems and natural gas distribution systems. Reading and interpreting blueprints and manufacturers' specifications for installing and repairing equipment. Making safety and preventive maintenance inspections of utility systems and equipment in accordance with VA regulations and National Codes; and performing other related duties as assigned. Plan, lay-out, fabricate, and install mechanical utility distribution systems.

Determine appropriate pipe compositions for projects; Plan, lay out and install piping systems and equipment from blueprints, sketches, etc.; Install, modify, and repair potable water, sanitary sewer, compressed air and high-pressure steam systems; and Ensure pressure tight joints, such as compression, flared, threaded, flange, bolted flange, welded and soldered. Minor welding repairs and fabrication requiring the use of oxygen, acetylene, arc welding, and pipe welding.

Install pipes with necessary hangers, brackets and other necessary support to ensure proper pitch and elevation of pipes.

Install/repair various high-pressure piping systems and equipment (e.g., steam, heating, steam generation, vacuum systems, radiators, and circulating pumps) to ensure proper operation. Knowledge of how various high-pressure piping systems and equipment are installed and operate. Ability to plan and lay out the installation, modification, and repair of various new and existing piping systems and equipment.

Ability to interpret and apply building plans and blueprints, and to use shop mathematics to lay out angles, arcs, and circles. Skill in the use of tools and equipment such as sliding squares, measuring tapes, dividers, chalk lines, etc. Ability to install pipes with necessary hangers, brackets and other necessary support to ensure proper pitch and elevation of pipes. Ability to install/repair various high-pressure piping systems and equipment (e.g., steam, heating, steam generation, vacuum systems, radiators, and circulating pumps) to ensure proper operation. Ability to work from blueprints, plans, sketches and other specifications to locate piping system malfunctions. Utilize building plans/blueprints to lay out the routing, placement, pitch, incline and elevation of systems and equipment. Ability to determine proper placement, elevation, and incline of various kinds of piping. Ability to utilize a variety of gasket material as required in various systems. Ability to utilize appropriate tools and devices (e.g., hand and power threaders, cutters, flanges, micrometers, calipers, etc.) to fabricate parts for project.

The Maintenance and Operations supervisor assigns work orally and through work orders, building plans, and blueprints. The employee tests systems and equipment after completing work. The supervisor checks work to see that it meets accepted trade standards. The employee is required to stand, stoop, bend, kneel, climb and work in tiring and uncomfortable positions. The employee works from ladders, scaffolding, and platforms where the systems and equipment worked on are in hard to reach places. The employee handles, lifts, carries and sets up parts and equipment that weigh up to 50 pounds. Occasionally items may weigh more than 50 pounds. The work is done inside and outside, and is usually dirty, dusty, greasy, and smelly. There is frequent exposure to the possibility of uncomfortable heat conditions. The employee is exposed to the possibility of strains, cuts, scrapes, bruises, bums, and infections. The employee is occasionally exposed to the possibility of broken bones.

4 Journeymen Carpenters with the ability to do but not limited to the following:

The work involves correcting life safety workplace issues and work constructing, altering, maintaining, and repairing buildings, structures, partitions, panels, tool cabinets, bookcases, work benches, and other items using wood and wood substitutes.

The incumbent performs interior and exterior building maintenance, operation, repair and construction work. Duties include work involved in demolition, constructing, altering, maintaining and repairing/replacing buildings, building structures, appurtenances, partitions, panels, walls, interior finishes and accessories, tool cabinets, cabinets, bookcases, work benches, walls, ceilings, wood, wood substitutes, metal framing, and suspended ceilings.

The incumbent measures, cuts, constructs or repairs wood or wood substitutes for items such as scaffolding, staging parts, panels, bins, pallets, concrete forms, dry walls, roof, decking, and suspended ceilings. Measures, cuts, constructs and installs wood and/or wood substitutes to extremely close tolerances where there must be an exact fit and structural soundness. Measures, cuts, constructs, installs and repairs and modifies building components such as rafters, walls, staircases, windows and frames. Completes all trim work and is able to fabricate furniture and cabinetry. The incumbent is able to fabricate and construct high grade wooden items such as cabinets, furniture, inlays, complex joints, scroll work, curved and contoured surfaces from a variety of wood and wood substitute products.

The incumbent maintains repairs, alters repair of various types of wall, ceiling and floor coverings. VCT, tiles & planks, class III solid vinyl, heterogeneous PVC, seamless linoleum, and other material in straight, vertical or horizontal rows. Removes damaged sections for repair or for installation of windows and doors. Thorough knowledge of trade principles involved with carpentry.

The employee must possess the knowledge, skill and ability to select the proper material and processes to be applied for the job to be performed. The employee must possess the knowledge, skill and ability to determine the proper tools and equipment needed to perform the functions of carpenter, to plan and lay out carpentry from, sketches, blueprints, Written and oral instruction meeting building codes and VA specifications. The incumbent is able to use advanced shop mathematics to ensure close tolerances, exact fit, and structural soundness.

The incumbent must have a thorough knowledge of preparing surfaces to ensure even surfaces, must have the knowledge skill and ability to finish the repaired sections in a manner so it matches the undamaged section. The incumbent is able to operate and use simple hand and power tools used in the carpentry, including but not limited to: wood saws, demolition saws, hammers, drills, hammer drills, routers, planes, power actuated nail guns, glue guns, sanders, power saws of industrial size. The employee is able to use a wide variety of specialty woodworking machines, in the appropriate manner to prevent chipping, splitting and splintering of material.

The Maintenance and Operations Supervisor assigns work in the form of written or oral instructions. The employee makes complex technical decisions and judgments to make repairs, alterations and installations based on those written or oral instructions in accordance with a NFPA 101 and acceptable trade practices. The employee generally accomplishes the work with minimal supervision. Completed work is reviewed by the supervisor for adherence to established practices, outlined objectives, and technical requirements. The employee works in tiring, uncomfortable and awkward positions for prolonged periods of time. Frequent standing, bending, kneeling, stooping, crouching and repetitive arm and wrist movement is required. The incumbent frequently carries, lifts, and handles parts and material weighing up to 70 pounds. Frequently lifts heavier items with assistance. The work is performed both indoors and outdoors on level and unleveled grade, on ladders, scaffolds and a combination thereof. Employee is frequently exposed to drafts, changing temperatures, excessive heat and cold, inclement weather conditions, dust, grease, heat, fumes, and noise. Work is performed in bad weather; in mud, snow, in wet and or icy areas. Employee is subject to cuts, burns, chemical irritations, and bruises. Employee shall follow all prescribed safety practices and must use all personal protective gear provided including but not limited to: hearing protection, hard hats, safety glasses/eye protection, safety hard toed shoes, respiratory protection, fall protection, etc.

A reasonable amount of work is expected and will be checked on a daily basis by the Maintenance and Operations Supervisor. If the amount of work completed is not up to industry standards, that employee must be replaced by another qualified employee the next day.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Temporary staff for following trades for a 120 work day :

4 Journeymen Electricians In accordance with the statement of work.

Temporary staff for following trades for a 120 work day :

4 Journeymen Carpenters

Temporary staff for following trades for a 120 work day :

4 Journeymen Plumbers

Page 1 of Page 1 of

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 delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [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 ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

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

(1) 52.203-19, 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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

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

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2019) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (OCT 2019) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming…