36C24222Q0885.docx

36C24222Q0885

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

528-23-1-4888-0001 36C24222Q0885 07-22-2022 Michael Estep, michael.estep2@va.gov (518)626-7218 08-19-2022 3:00pm

EDT

Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany NY 12208-3410 X X Y 561730 $8 Million N/A X Department of Veterans Affairs VA Western NY Healthcare Systems Buffalo and Batavia VA Medical Centers 3495 Bailey Ave Buffalo NY 14215 Department of Veterans Affairs Samuel S . Stratton VA Medical Center Network Contracting Activity 113 Holland Avenue (2-90NCA) Albany NY 12208-3410

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/ veteransaffairs

See CONTINUATION Page This requirement is for lawn treatment services to be provided at both the Buffalo VA Medical Center (3495 Bailey Ave, Buffalo, NY 14215) and the Batavia VA Medical Center (222 Richmond Ave, Batavia, NY 14020). The period of performance for this requirement shall consist of a base year followed by four (4) option year periods that will commence October 1st, 2022.

Please refer to the detailed Statement of Work included herewith.

This requirement is set-aside 100% for Service Disabled Veteran Owned Small Businesses.

Official quotes shall be submitted to michael.estep2@va.gov no later than 3:00pm EST on August, 19 2022.

See CONTINUATION Page X X Michelle Harsch Contracting Officer 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: Michelle Harsch, Contracting Officer 36C242 Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany NY 12208-3410

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.

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

B.2 STATEMENT OF WORK

A. Contract Title: Buffalo & Batavia VAMC Lawn Insect and Weed Control Background: The purpose of this Statement of Work (SOW) is to establish lawn insect and weed control at VAMC Buffalo and Batavia VAMC. Please note the site maps, grass area 28 acres in Batavia and 1 acre of grass area in Buffalo. Treatments to be done on all grass area at both facilities.

B. Scope The vendor shall provide all necessary labor and materials required for weed and insect control as well as poison ivy treatments at the VA Medical Center, 3495 Bailey Avenue, Buffalo and Batavia Medical Center, 222 Richmond, Batavia, NY. Vendor shall send all SDS (safety data sheets) to Contracting Officer’s Representative (COR) in advance of treatments.

C. Specific Tasks:

The Batavia VAMC has approximately 28 acres of land and the Buffalo VAMC has approximately 1 acre of land. Treatment shall proceed as follows:

a. FalI Treatment: Contractor shall perform spraying for grubs on 28 acres of land in Batavia.

b. FalI Treatment: Contractor shall perform spraying for grubs on 1 acres of land in Buffalo.

c. FaII Treatment: Contractor shall perform liquid broadleaf weed control and fertilization on approximately 28 acres of lawn in Batavia.

d. FaII Treatment: Contractor shall perform liquid broadleaf weed control and fertilization on approximately 1 acre of lawn in Buffalo.

e. Fall Fertilizer: Contractor shall perform deep root fertilization of ornamental trees on 5 acre lot and shrubs, shrub bed and ground covers in front of buildings 1, 3 and 4 in Batavia.

f. Spring Treatment: Contractor shall perform balanced treatment of fertilizer with pre-emergent crabgrass control and liquid broadleaf weed control for approximately 28 acres of lawn in Batavia.

g. Spring Treatment: Contractor shall perform balanced treatment of fertilizer with pre-emergent crabgrass control and liquid broadleaf weed control for approximately 1 acre of lawn in Buffalo.

h. Summer Treatment: Contractor shall spray for mosquitoes three times during season in Batavia.

i. Summer Treatment: Contractor shall perform spray for mosquitoes three times during season in Buffalo.

j. Vegetation control at Buffalo VA (Poison Ivy), Contractor shall perform two applications, 1 spring, 1 mid to late summer.

k. Vegetation control at Batavia VA (Poison Ivy), Contractor shall perform two applications, 1 spring, 1 mid to late summer.

*Note: Unwanted vegetation would be considered weeds or anything other than flowers, trees, ornamental shrubs, grass.

Excluded Areas:

· Batavia VAMC has a fenced in dog park for patients in Building 5. Pet friendly treatments are required in this area.

· Buffalo VAMC has a day care in Building 3; the playground area in back gets no treatments.

Please refer to facility maps in Table 1 and Table 2 below for approximation of areas to be treated D. Performance Monitoring: Performance monitoring will be conducted by the Grounds/Transportation Supervisor who will inform the COR of any discrepancies.

E. Place of Performance: Location of the work are the grounds of the VA Medical Centers below:

VA Medical Center 3495 Bailey Avenue Buffalo, NY

VA Medical Center 222 Richmond Batavia, NY

F. Schedule of Services – Contractor shall provide all labor, material equipment, tools and supplies to perform fertilization, spraying and treatments to the grounds of BOTH Buffalo and Batavia VA Medical Centers according to the Contract Line Items shown below.

G. Notifications - Contractor to notify Buffalo Program Specialist/COR , Dana Guy at email Dana.Guy@va.gov two days in advance to allow for notification of personnel at the Batavia VA Medical Center.

H. Work Hours - All spraying is to be done on Saturday with the two day prior notice to allow for notification of personnel excluding the following federal holidays:

· New Year’s Day

· Martin Luther King, Jr. Day

· President’s Day

· Memorial Day

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving Day

· Christmas Day

· New Year’s Day

Contractor must check-in with Buffalo or Batavia VAMC Police or EMS Department upon arrival. Work hours will be 8:00am – 4:30pm unless other time frame is agreed upon with COR or designee. If another day of the week is necessary, advance permission must be obtained from the COR.

I. Contractor Qualifications- Contractor must be licensed by New York State to apply pesticides. A copy of the New York State Pesticide Applicator License must be provided when proposal is submitted. For more details on NYS Pesticides Application you can go http://www.dec.ny.gov/permits.html.

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

Table 1 – Batavia Site Map (highlighted area represents lawn to be treated)

Table 2 – Buffalo Site Map (highlighted area represents lawn to be treated)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Fall Treatment - Spraying for grubs on approximately 28 acres of land at the Batavia VA Medical center Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

Fall Treatment - Spraying for grubs on approximately 1 acre of land at the Buffalo VA Medical center

POP Begin: 10-01-2022 POP End: 09-30-2023

Fall Treatment - Liquid broadleaf weed control and fertilization on approximately 28 acres at the Batavia VA Medical Center

POP Begin: 10-01-2022 POP End: 09-30-2023

Fall Treatment - Liquid broadleaf weed control and fertilization on approximately 1 acre at the Buffalo VA Medical Center

POP Begin: 10-01-2022 POP End: 09-30-2023

Fall Fertilizer - Performance of deep root fertilization of ornamental trees on 5 acre lot and shrubs, shrub bed, and ground covers in front of buildings 1, 3 and 4 at the Batavia VA Medical Center.

POP Begin: 10-01-2022 POP End: 09-30-2023

Spring Treatment - Performance of balanced treatment or fertilizer with pre-emergent crabgrass control and liquid broadleaf weed control for approximately 28 acres of lawn at the Batavia VA Medical Center.

POP Begin: 10-01-2022 POP End: 09-30-2023

Spring Treatment - Performance of balanced treatment or fertilizer with pre-emergent crabgrass control and liquid broadleaf weed control for approximately 1 acre at the Buffalo VA Medical Center.

POP Begin: 10-01-2022 POP End: 09-30-2023

Summer Treatment - Spraying for mosquitoes on three occasions during the summer season at the Batavia VA Medical Center.

POP Begin: 10-01-2022 POP End: 09-30-2023

Summer Treatment - Spraying for mosquitoes on three occasions during the summer season at the Buffalo VA Medical Center.

POP Begin: 10-01-2022 POP End: 09-30-2023

Vegetation Control (poison ivy ) - Two applications of herbicide at the Buffalo VA Medical Center to be performed once in the spring and once mid-late summer.

POP Begin: 10-01-2022 POP End: 09-30-2023

Vegetation Control (poison ivy) - Two applications of herbicide at the Batavia VA Medical Center to be performed once in the spring and once mid-late summer.

POP Begin: 10-01-2022 POP End: 09-30-2023

Fall Treatment - Spraying for grubs on approximately 28 acres of land at the Batavia VA Medical center Contract Period: Option 1 POP Begin: 10-01-2023 POP End: 09-30-2024

Fall Treatment - Spraying for grubs on approximately 1 acre of land at the Buffalo VA Medical center

POP Begin: 10-01-2023 POP End: 09-30-2024

Fall Treatment - Liquid broadleaf weed control and fertilization on approximately 28 acres at the Batavia VA Medical Center

POP Begin: 10-01-2023 POP End: 09-30-2024

Fall Treatment - Liquid broadleaf weed control and fertilization on approximately 1 acre at the B uffalo VA Medical Center

POP Begin: 10-01-2023 POP End: 09-30-2024

Fall Fertilizer - Performance of deep root fertilization of ornamental trees on 5 acre lot and shrubs, shrub bed, and ground covers in front of buildings 1, 3 and 4 at the Batavia VA Medical Center.

POP Begin: 10-01-2023 POP End: 09-30-2024

Spring Treatment - Performance of balanced treatment or fertilizer with pre-emergent crabgrass control and liquid broadleaf weed control for approximately 28 acres of lawn at the Batavia VA Medical Center.

POP Begin: 10-01-2023 POP End: 09-30-2024

Spring Treatment - Performance of balanced treatment or fertilizer with pre-emergent crabgrass control and liquid broadleaf weed control for approximately 1 acre at the Buffalo VA Medical Center.

POP Begin: 10-01-2023 POP End: 09-30-2024

Summer Treatment - Spraying for mosquitoes on three occasions during the summer season at the Batavia VA Medical Center.

POP Begin: 10-01-2023 POP End: 09-30-2024

Summer Treatment - Spraying for mosquitoes on three occasions during the summer season at the Buffalo VA Medical Center.

POP Begin: 10-01-2023 POP End: 09-30-2024

Vegetation Control (poison ivy ) - Two applications of herbicide at the Buffalo VA Medical Center to be performed once in the spring and once mid-late summer.

POP Begin: 10-01-2023 POP End: 09-30-2024

Vegetation Control (poison ivy) - Two applications of herbicide at the Batavia VA Medical Center to be performed once in the spring and once mid-late summer.

POP Begin: 10-01-2023 POP End: 09-30-2024

Fall Treatment - Spraying for grubs on approximately 28 acres of land at the Batavia VA Medical center Contract Period: Option 2 POP Begin: 10-01-2024 POP End: 09-30-2025

Fall Treatment - Spraying for grubs on approximately 1 acre of land at the Buffalo VA Medical center

POP Begin: 10-01-2024 POP End: 09-30-2025

Fall Treatment - Liquid broadleaf weed control and fertilization on approximately 28 acres at the Batavia VA Medical Center

POP Begin: 10-01-2024 POP End: 09-30-2025

Fall Treatment - Liquid broadleaf weed control and fertilization on approximately 1 acre at the Buffalo VA Medical Center

POP Begin: 10-01-2024 POP End: 09-30-2025

Fall Fertilizer - Performance of deep root fertilization of ornamental trees on 5 acre lot and shrubs, shrub bed, and ground covers in front of buildings 1, 3 and 4 at the Batavia VA Medical Center.

POP Begin: 10-01-2024 POP End: 09-30-2025

Spring Treatment - Performance of balanced treatment or fertilizer with pre-emergent crabgrass control and liquid broadleaf weed control for approximately 28 acres of lawn at the Batavia VA Medical Center.

POP Begin: 10-01-2024 POP End: 09-30-2025

Spring Treatment - Performance of balanced treatment or fertilizer with pre-emergent crabgrass control and liquid broadleaf weed control for approximately 1 acre at the Buffalo VA Medical Center.

POP Begin: 10-01-2024 POP End: 09-30-2025

Summer Treatment - Spraying for mosquitoes on three occasions during the summer season at the Batavia VA Medical Center.

POP Begin: 10-01-2024 POP End: 09-30-2025

Summer Treatment - Spraying for mosquitoes on three occasions during the summer season at the Buffalo VA Medical Center.

POP Begin: 10-01-2024 POP End: 09-30-2025

Vegetation Control (poison ivy ) - Two applications of herbicide at the Buffalo VA Medical Center to be performed once in the spring and once mid-late summer.

POP Begin: 10-01-2024 POP End: 09-30-2025

Vegetation Control (poison ivy) - Two applications of herbicide at the Batavia VA Medical Center to be performed once in the spring and once mid-late summer.

POP Begin: 10-01-2024 POP End: 09-30-2025

Fall Treatment - Spraying for grubs on approximately 28 acres of land at the Batavia VA Medical center Contract Period: Option 3 POP Begin: 10-01-2025 POP End: 09-30-2026

Fall Treatment - Spraying for grubs on approximately 1 acre of land at the Buffalo VA Medical center

POP Begin: 10-01-2025 POP End: 09-30-2026

Fall Treatment - Liquid broadleaf weed control and fertilization on approximately 28 acres at the Batavia VA Medical Center

POP Begin: 10-01-2025 POP End: 09-30-2026

Fall Treatment - Liquid broadleaf weed control and fertilization on approximately 1 acre at the Buffalo VA Medical Center

POP Begin: 10-01-2025 POP End: 09-30-2026

Fall Fertilizer - Performance of deep root fertilization of ornamental trees on 5 acre lot and shrubs, shrub bed, and ground covers in front of buildings 1, 3 and 4 at the Batavia VA Medical Center.

POP Begin: 10-01-2025 POP End: 09-30-2026

Spring Treatment - Performance of balanced treatment or fertilizer with pre-emergent crabgrass control and liquid broadleaf weed control for approximately 28 acres of lawn at the Batavia VA Medical Center.

POP Begin: 10-01-2025 POP End: 09-30-2026

Spring Treatment - Performance of balanced treatment or fertilizer with pre-emergent crabgrass control and liquid broadleaf weed control for approximately 1 acre at the Buffalo VA Medical Center.

POP Begin: 10-01-2025 POP End: 09-30-2026

Summer Treatment - Spraying for mosquitoes on three occasions during the summer season at the Batavia VA Medical Center.

POP Begin: 10-01-2025 POP End: 09-30-2026

Summer Treatment - Spraying for mosquitoes on three occasions during the summer season at the Buffalo VA Medical Center.

POP Begin: 10-01-2025 POP End: 09-30-2026

Vegetation Control (poison ivy ) - Two applications of herbicide at the Buffalo VA Medical Center to be performed once in the spring and once mid-late summer.

POP Begin: 10-01-2025 POP End: 09-30-2026

Vegetation Control (poison ivy) - Two applications of herbicide at the Batavia VA Medical Center to be performed once in the spring and once mid-late summer.

POP Begin: 10-01-2025 POP End: 09-30-2026

Fall Treatment - Spraying for grubs on approximately 28 acres of land at the Batavia VA Medical center Contract Period: Option 4 POP Begin: 10-01-2026 POP End: 09-30-2027

Fall Treatment - Spraying for grubs on approximately 1 acre of land at the Buffalo VA Medical center

POP Begin: 10-01-2026 POP End: 09-30-2027

Fall Treatment - Liquid broadleaf weed control and fertilization on approximately 28 acres at the Batavia VA Medical Center

POP Begin: 10-01-2026 POP End: 09-30-2027

Fall Treatment - Liquid broadleaf weed control and fertilization on approximately 1 acre at the Buffalo VA Medical Center

POP Begin: 10-01-2026 POP End: 09-30-2027

Fall Fertilizer - Performance of deep root fertilization of ornamental trees on 5 acre lot and shrubs, shrub bed, and ground covers in front of buildings 1, 3 and 4 at the Batavia VA Medical Center.

POP Begin: 10-01-2026 POP End: 09-30-2027

Spring Treatment - Performance of balanced treatment or fertilizer with pre-emergent crabgrass control and liquid broadleaf weed control for approximately 28 acres of lawn at the Batavia VA Medical Center.

POP Begin: 10-01-2026 POP End: 09-30-2027

Spring Treatment - Performance of balanced treatment or fertilizer with pre-emergent crabgrass control and liquid broadleaf weed control for approximately 1 acre at the Buffalo VA Medical Center.

POP Begin: 10-01-2026 POP End: 09-30-2027

Summer Treatment - Spraying for mosquitoes on three occasions during the summer season at the Batavia VA Medical Center.

POP Begin: 10-01-2026 POP End: 09-30-2027

Summer Treatment - Spraying for mosquitoes on three occasions during the summer season at the Buffalo VA Medical Center.

POP Begin: 10-01-2026 POP End: 09-30-2027

Vegetation Control (poison ivy ) - Two applications of herbicide at the Buffalo VA Medical Center to be performed once in the spring and once mid-late summer.

POP Begin: 10-01-2026 POP End: 09-30-2027

Vegetation Control (poison ivy) - Two applications of herbicide at the Batavia VA Medical Center to be performed once in the spring and once mid-late summer.

POP Begin: 10-01-2026 POP End: 09-30-2027

B.3 DELIVERY SCHEDULE

1.00

1.00

1.00

1.00

1.00

1.00

1.00

3.00

3.00

2.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

3.00

3.00

2.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

3.00

3.00

2.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

3.00

3.00

2.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

3.00

3.00

2.00

2.00

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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; 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 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 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.5 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this…