36C24224Q0246.docx

36C24224Q0246

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

561-24-2-5100-0030 36C24224Q0246 01-19-2024 Mike Estep, michael.estep2@va.gov 518-626-7218 02-07-2024 3:00pm

EST

Network Contracting Office 2 Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany

NY

12208-3410 X 221320 $35 Million N/A X VA New Jersey Healthcare System Lyons Campus Wastewater Plant 151 Knollcroft Rd Lyons

NJ

07939-5001 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 solicitation is issued to fulfill a requirement for a Licensed Operator in Charge for the wastewater treatment plant at the Lyons NJ VA Campus.

Please refer to the detailed Statement of Work included herewith. The tentative period of performance at time of solicitation is February 20, 2024 through February 19, 2025 with a provision of two (2) option year periods.

Please submit any questions regarding this solicitation by 3:00pm EST Monday January 29, 2024 to michael.estep2@va.gov.

If you wish to submit an official quote in response to this solicitation, complete this solicitation document, sign, and submit electronically to michael.estep2@va.gov no later than 3:00pm EST Wednesday February 7, 2024. Please be sure to address the evaluation factors. Price must be entered in section B.3.

$0.00 See CONTINUATION Page 561-3640162-5100-855100-2580 x X X Tony Clemente 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: Contracting Officer 36C242 Tony Clemente Network Contracting Office 2 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.

https://www.tungsten-network.com/customer-campaigns/veteransaffairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

A. CONTRACT TITLE:

New Jersey State Licensed Operator in Charge Services

B. BACKGROUND:

The VA New Jersey Healthcare System (VANJHCS) Lyons Campus requires an annual service contract to provide Licensed Operator in Charge Services to our Wastewater Treatment Plant. The Contractor will be responsible for overseeing and operation of the Wastewater Operations including the collection system and keeping the facility in compliance with all New Jersey Department of Environmental Protection rules and regulations. The physical plant is located at the VANJ Healthcare System 151 Knollcroft Road Bldg.141 Lyons, NJ 07939.

1. The facility at Lyons consists of an extended aeration, activated sludge wastewater treatment plant with a variable design capacity of 200,000 to 1,000,000 gallons per day (GPD), serving a medical center population of approximately 1,800 patient, staff, and visitors. The present flow is approximately 50,000 - 80,000 (GPD). The plant process flows through and consists of two aeration tanks, two Clarifiers, two sand filters, a Copper removal system consisting of two filters and an outflow where final disinfection is done by ultraviolet lights (UV) before discharge to a receiving stream. In addition to the plant pumps and blower equipment, emergency power is supported by a 300kw emergency diesel generator set.

2. This statement of work describes the ongoing services at a minimum that need to be accomplished during the course of monthly cycle.

3. The WWTP has recently completed a modernization program and as a result has made many repairs and upgrades including the installation of a new UV System and a Copper Removal System. The plant requires a Full Time S3/C1 Licensed Operator in Charge (LOIC) in accordance with (IAW) New Jersey Department of Environmental Protection (NJDEP) Regulations N.J.A.C. 7:10A.

Related permits currently registered with VA:

Final Surface Water Permit, NJPDES Permit No. NJ0021083 Residual General Permit Authorization, NJPDES Permit No. NJG0212164

C. OBJECTIVE:

1. This is an annual contract for consulting and operation services that provides a properly licensed S-3 / C-1 operator to oversee and participate the operation of the wastewater facilities as the Licensed Operator in Charge. This includes the collection system. As such the operator is responsible for the proper and timely submission of all reports required by the NJDEP and response to any and all communications with that Department.

2. The contractor will attend all meetings on/off site with State or Federal Environmental Compliance officials and respond to them in writing for any reason a response to all Notice of Violation’s (NOV).

3. The contractor is responsible for following the requirements of all permits and maintaining the WWTP at the Lyons Campus in compliance with all laws and regulations and permit parameters.

4. The LOIC will be required to be onsite for 7 hours per day, 35 hours per week.

D. SCOPE OF WORK:

1. The contractor will furnish all labor, materials, supplies, equipment, and transportation necessary to accomplish the services contained within this contract.

2. The contractor will perform the duties of a Licensed Operator in Charge and must notify the NJDEP of a change in licensed operator in charge by submitting Form DEP-065.

3. Services are to include a S3/C1 full time operator (LOIC) on site 7 hours per day, 35 hours per week, Monday thru Friday.

4. LOIC shall complete and submit all mandated NJDEP Monthly Discharge Monitoring Reports (DMR’s) Monthly Residual Transfer Reports (RTR’s) including any that may be overdue. Conduct all NJDEP required certified tests and maintain a log of operations.

5. Register as Lab Manager for our in-house Laboratory. This shall include oversight of all lab sampling and testing by a Certified Laboratory.

6. In coordination with the Contracting Officer Representative (COR) arrange for testing, hauling and disposal of sludge. Complete the NJDEP SQAR forms when sludge pumping is necessary.

7. Submit compliance schedule progress reports for phosphorus or as requested by the NJDEP.

8. Arrange for and monitor any toxicity testing and all other sampling and testing that is needed and submit all reports as required by NJDEP.

9. The contractor shall comply with all conditions of the NJPDES permit pursuant to N.J.A.C. 7:14 and any other regulation not contained herein.

10. Contractor shall respond to any alarms and emergencies as required by the NJDEP and be present at all inspections by NJDEP.

11. Electronic and hard copies of all monitoring report forms (MFR’s) will be provided to the COR. If additional services are required such as emergencies for occurrences outside of what is considered normal daily operation the COR or their designated representative are the only authorized personnel to call-in the contractor. A response time of 2 hours is required.

12. The LOIC will manage the ordering of all chemicals related to the proper functioning of the plant. Contractor must provide any IT equipment and wireless service if needed to perform job duties at their expense.

The LOIC will also be required to assist with and/or perform the following duties as required:

13. Uses manual and automatic controls to operate a Wastewater Treatment Plant, monitoring plant equipment and ensuring the wastewater treatment process is complete and uninterrupted by adjusting valves or pumps when required.

14. The LOIC will be required to make changes to the plant configuration and system processes to ensure safe, efficient, and uninterrupted operations.

15. Starts, operates, and stops manually controlled equipment, including chemical pumps, transfer pumps, clarifier drives, sand filters, copper filters and air blowers.

16. Tests samples as scheduled from aeration tanks in graduated cylinders, recording the amount of sediment deposited for sludge volume index test; for pH of plant effluent, influent and aeration tanks; for (BOD) biochemical oxygen demand and suspended solids at influents, clarifiers and effluents; for dissolved oxygen at influents, aeration tanks and effluents; for biochemical oxygen demand and dissolved oxygen of receiving waters; upstream, downstream and at plant outfall; for solids and pH of sludge; for solids analysis of aeration tanks; for ammonia nitrogen in influent and effluent; for settling solids in influent and effluent; for temperature of influent and effluent. Makes up necessary reagents to conduct analytical tests. Calculates items such as flows, pH and temperatures daily, weekly, and monthly.

17. Removes floating debris from aeration basin troughs and dumps them into plastic bags. Wastes scum daily from the clarifiers to the aerobic sludge holding tank. Wastes sludge to the sludge holding tank as plant operation conditions dictate. Regulates air into the aeration basins to provide proper plant operation and or micro-organism growth. Regulates air into the sludge holding tank. Assist driver pumping sludge from the sludge holding tank to contractor transport trucks. Regulates sludge return rates to aeration tank.

18. Checks operation of ultraviolet disinfection unit. Periodically checks automatic controlled equipment to evaluate and determine proper operation, adjusts, and takes corrective action as required.

19. Cleans, changes, or replaces bar screen and comminutor, aeration tanks, secondary clarifiers, sewer and scum tanks, pumps, valves, air filters, flow meter charts, flow Parshall flumes, sand filters, anti-foam equipment, decks, weirs, and troughs.

20. Cleans bar screens with a rake and dumps screenings into plastic bags. Removes larger floating particles and grease from the sludge tank by skimming and dumps them into plastic bags. Removes floating particles and plant growth from the sand filters by skimming and dumps them into plastic bags. Clean all other process flow areas as necessary to ensure good sampling test results are achieved to satisfy permit requirements.

21. Checks operation and lubrication of all equipment. Lubricates as required. Checks all equipment to determine that no hazards exist that could endanger equipment or personnel. Incumbent may be required to assist with maintenance and repair work. Assists with or performs operator level maintenance and operation on all plant equipment as required to include the following: minor leak repair, component replacement and safety testing; pumps tanks and clarifiers; diverts flows as required.

22. Maintains good housekeeping in the control room and lab, equipment rooms, restrooms, and remainder of plant. Maintains the plant in a clean and orderly manner.

E. CERTIFICATION RETENTION:

1. The VA NJ Healthcare System Lyons Campus WWTP maintains a NJDEP Lab Certification for PH and Temp Analysis. If any lapse occurs in this certification the contractor will provide the lab certification necessary to remain compliant. The VA currently has the following contracted services for the Wastewater Facility:

a) Wastewater Plant Lab Analysis (including sample taking).

b) Sludge Management and Tank Cleaning.

c) Ultraviolet Systems maintenance.

2. C&A requirements do not apply and a Security Accreditation Package is not required.

F. PERIOD OF PERFORMANCE:

1. This is an annual service contract for a period of one (1) year with two (2) option year renewals. A tentative service commencement date is February 15, 2024.

G. UNSCHEDULED SERVICE:

1. If a callback is required for emergencies or other plant related matters, the COR or designated representative is the only person authorized to call in the contractor.

H. QUALIFICATIONS/CERTIFICATIONS

1. Contractor must possess and keep current a valid S3/C1 Wastewater Treatment Operator License and have a minimum of 5 years’ experience as an operator with the above mentioned license, in addition a minimum of 3 years in a supervisory position within the Wastewater industry.

I. SAFETY REGULATIONS

1. All applicable safety regulations shall be observed during all work of this contract.

2. VA Police will issue identification badges to contractors, employees and subcontractors which must be worn at all times when on VA property.

3. The VA Safety Officer shall have full authority to see that the contractor obeys all safety rules and regulations relative to the fulfillment of this contract.

J. SCHEDULING AND HOURS OF WORK

1. All work in areas involved shall be scheduled with the VA Chief of Operations, Boiler Plant Supervisor, and plant operations personnel.

2. Work shall be scheduled for proper execution to completion of this contract.

3. Hours of work. The work will be conducted during normal working hours 0800-1630 Monday – Friday including Federal Holidays.

4. The 10 holidays observed by the Federal Government are as follow:

· New Year’s Day January 1

· Martin Luther King’s Birthday 3rd Monday in January

· Washington’s Birthday 3rd Monday in February

· Memorial Day last Monday in May

· Juneteenth National Independence Day June 19

· Independence Day July 4

· Labor Day 1st Monday in September

· Columbus Day 2nd Monday in October

· Veterans’ Day November 11

· Thanksgiving Day 4th Thursday in November

· Christmas Day December 25

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

0.00

New Jersey State Licensed Operator in Charge to service the Lyons VA Wastewater Treatment Plant Contract Period: Base POP Begin: 02-20-2024 POP End: 02-19-2025 PRINCIPAL NAICS CODE: 221320 - Sewage Treatment Facilities PRODUCT/SERVICE CODE: 4630 - Sewage Treatment Equipment

0001AA

The contractor shall furnish all personnel, qualified operator (able to complete the services listed in the Statement of Work), equipment, supplies, materials and programing to accomplish the services contained within this contract. The selected contractor shall provide Environmental Consulting Services for Waste Water Treatment Plant Licensed Operator in Charge per New Jersey Department Environmental Protection Agency (EPA) regulations.

POP Begin: 02-20-2024 POP End: 02-19-2025

0001AB

Monthly coverage for Unscheduled Callback Service to include emergencies with Wastewater Treatment Plant. Services defined as Callback will be quoted and approved before work is performed to include regular, after hour and weekend rate.

POP Begin: 02-20-2024 POP End: 02-19-2025

0.00

New Jersey State Licensed Operator in Charge to service the Lyons VA Wastewater Treatment Plant Contract Period: Option 1 POP Begin: 02-20-2025 POP End: 02-19-2026

1001AA

The contractor shall furnish all personnel, qualified operator (able to complete the services listed in the Statement of Work), equipment, supplies, materials and programing to accomplish the services contained within this contract. The selected contractor shall provide Environmental Consulting Services for Waste Water Treatment Plant Licensed Operator in Charge per New Jersey Department Environmental Protection Agency (EPA) regulations.

POP Begin: 02-20-2025 POP End: 02-19-2026

1001AB

Monthly coverage for Unscheduled Callback Service to include emergencies with Wastewater Treatment Plant. Services defined as Callback will be quoted and approved before work is performed to include regular, after hour and weekend rate.

POP Begin: 02-20-2025 POP End: 02-19-2026

0.00

New Jersey State Licensed Operator in Charge to service the Lyons VA Wastewater Treatment Plant Contract Period: Option 2 POP Begin: 02-20-2026 POP End: 02-19-2027

2001AA

The contractor shall furnish all personnel, qualified operator (able to complete the services listed in the Statement of Work), equipment, supplies, materials and programing to accomplish the services contained within this contract. The selected contractor shall provide Environmental Consulting Services for Waste Water Treatment Plant Licensed Operator in Charge per New Jersey Department Environmental Protection Agency (EPA) regulations.

POP Begin: 02-20-2026 POP End: 02-19-2027

2001AB

Monthly coverage for Unscheduled Callback Service to include emergencies with Wastewater Treatment Plant. Services defined as Callback will be quoted and approved before work is performed to include regular, after hour and weekend rate.

POP Begin: 02-20-2026 POP End: 02-19-2027

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 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 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 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 Three and a half (3 1/2) years.

(End of Clause)

C.4 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.5 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems.

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause) C.7 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause) C.9 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) (a)(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

(End of Clause)

C.10 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

C.11 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

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

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

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

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

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

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

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

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

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

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