36C24224Q0281_1.docx

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S208--NY Harbor Grounds Maintenance and Snow Removal
Solicitation number
36C24224Q0281
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This solicitation requests grounds maintenance and snow removal services for the Department of Veterans Affairs' New York Harbor Healthcare System facilities in Brooklyn, Manhattan, and St. Albans. Services include lawn maintenance, planting bed care, tree and shrub maintenance, and snow removal. The base period of performance is April 1, 2024 through March 31, 2025, with four one-year option periods. Offerors are to provide pricing on a monthly basis for scheduled services and by the job for unscheduled work. The solicitation closes on March 12, 2024. The estimated total contract value is $6 million for the five-year period. This requirement is set aside for certified service-disabled veteran-owned small businesses.

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36C24224Q0281 0003.docx DOCX document
PRICE WORKSHEET 0002 - NYH Grounds.xlsx XLSX spreadsheet
36C24224Q0281 0002.docx DOCX document
36C24224Q0281 0001.docx DOCX document
Site Visit Info.pdf PDF
PRICE WORKSHEET - NYH Grounds.xlsx XLSX spreadsheet
Contractor Background ID Badge Package.pdf PDF
QASP-2024.docx DOCX document
WD 2015-4187 Rev. 27.pdf PDF

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36C24224Q0281

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

630-24-3-6080-0023 36C24224Q0281 02-23-2024 Chris Weider | Christopher.Weider@va.gov 716-862-7461 x22470 03-12-2024 3:00pm

EST

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga

NY

14227 X X 561730 $9.5 Million N/A X Department of Veterans Affairs NYH VA Healthcare System Brooklyn VA Medical Campus 800 Poly Place Brooklyn

NY

11209 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga

NY

14227

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

See CONTINUATION Page This solicitation is for grounds maintenance and snow removal services for the Department of Veterans Affairs NY Harbor Healthcare System campuses in Brooklyn, Manhattan, and St Albans. See Performance Work Statement for details.

Please annotate pricing on the Price/Cost Schedule.

Period of Performance:

April 1, 2024 through March 31, 2029 Send quote via email to POC by 3:00pm ET, March 12, 2024.

Refer to Section 52.212-1 for submission requirements.

Site Visit - See site visit attachment for details See CONTINUATION Page X X X

ONE

Andres Cepeda Contracting Officer Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 PERFORMANCE WORK STATEMENT6
B.3 PRICE/COST SCHEDULE15
ITEM INFORMATION15
SECTION C - CONTRACT CLAUSES34
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)34
C.2 52.216-18 ORDERING (AUG 2020)40
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)40
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)41
C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)41
C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS41
C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)42
C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)42
C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)42
C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)45
C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)47
C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)48
C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)48
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)49
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS58
SECTION E - SOLICITATION PROVISIONS59
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)59
E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)63
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)64
E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)67
E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)68
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)70
E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)70
E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)71
E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)71
E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)72

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 Andres Cepeda Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

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

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Monthly or upon completion of order

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

Tungsten Network http://www.tungsten-network.com ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

36C24224Q0281

Page 1 of Page 1 of

B.2 PERFORMANCE WORK STATEMENT

1. Title: Grounds Maintenance and Snow Removal

2. Purpose Contractor shall provide grounds maintenance and snow removal services at Brooklyn VA Medical Center (“BK VAMC”), St. Albans Community Living Center (“SA CLC”), and Manhattan VA Medical Center (“NY VAMC”) referred to as the Government. Services shall include lawn maintenance services, planting bed maintenance services, tree, shrub, brush maintenance services and snow removal services.

3. Place(s) of Performance New York Harbor Healthcare System located at:

Brooklyn VA Medical Campus 800 Poly Place Brooklyn, NY 11209

Manhattan VA Medical Campus 23 East 23rd Street New York, NY 10010

St. Albans Community Living Center 17900 Linden Boulevard Jamaica, NY 11425

4. Scope A) Purpose Provide all labor, equipment, supervision, tools, and all materials necessary to provide maintenance, care and housekeeping of all exterior landscaped areas as defined in the 4.1 Grounds Maintenance of this Performance Work Statement. The approximate acreage of locations to be serviced under this agreement are as follows:

Brooklyn VA Medical Campus – 19 acres St. Albans Community Living Center – 52 acres Manhattan VA Medical Campus – 6 acres

B) Period Of Performance Ordering period for this Indefinite Delivery Indefinite Quantity (IDIQ) Contract is from April 1, 2024, through March 31, 2029.

C) Schedule Regular business hours shall be defined as 8:00am to 4:30pm, Monday thru Friday. The contractor should not provide service during federal holidays unless otherwise scheduled with and approved by the COR. If scheduled and approved, it shall be at no additional cost to the VA. Holidays observed by the federal government include:

36C24221D0013

-
-

Page 1 of

New Year's Day Martin Luther King, Jr.’s Birthday Presidents Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Page 1 of

1. All work at the Brooklyn VA Medical Center shall occur outside of regular business hours.

2. Unless otherwise indicated within this PWS, work at the Manhattan VA Medical Center and the St. Albans Community Living Center shall occur during regular business hours.

3. The contractor shall coordinate with COR for scheduled and unscheduled work.

C) Safety/Security

1. Upon arrival to perform any services, the Contractor shall report to the following Point of Contact (POC) for each of the facilities:

i Brooklyn VA Medical Campus: Engineering Help Line at 718-836-6600 Ext. 3000 ii St. Albans Community Living Center: Engineering Help Line at 718-526-1000 Ext. 2215 iii Manhattan VA Medical Campus - Supervisory General Engineer C:347-322-8620 PH: 212-686-7500 Ext: 7288

2. The Contractor shall obtain all licenses, permits, and insurance required to perform the work in this Contract.

D) The Contractor shall be responsible for all cleanup due to performance of this contract. The Contractor shall be accountable for all cleanup costs and restoration costs required to repair damaged locations to their original condition due to damage of VA property through neglect or accident as a result of contractor employee actions.

E) Reporting Upon completion of each project the contractor shall provide a service report to the Contracting Officer’s Representative (COR). Service reports shall be signed by both the contractor and COR at completion of work. An electronic version of the service report shall be sent to the COR. Service reports shall include tasks completed to include areas worked on, number of workers involved, and hours worked.

4.1 Grounds Maintenance

A) Mowing Contractor shall mow all grass on the facility at a height of one (1) inch. Mowing shall be performed between April 1st and November 30th. All enclosed areas with grass shall be mowed and maintained.

1. Mowing Frequency

· Brooklyn VA Medical Campus - every two (2) weeks

· St. Albans Community Living Center - weekly

· Manhattan VA Medical Campus - weekly

B) Trimming Contractor shall trim grass and weeds around trees, shrubs, bushes, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks, boulders, and other fixed obstacles. This includes area inside and outside the fence line. Trimming height shall match surrounding area grass heights. All areas shall be trimmed concurrent with mowing. Damage to trees, shrubs, brushes and or any government property due to trimming shall be repaired by the contractor. If a plant should die or become unhealthy due to damage, the contractor will be responsible for replacing the damaged plant with a plant of same size and type.

C) Edging Contractor shall maintain sidewalks, driveways, curbs, and other concrete or asphalt edges bordering lawn areas. These borders shall be edged mechanically by blade (seven (7) times per season, approximately once per month) and managed as needed to present a neat and manicured appearance.

D) Clean Up Contractor shall perform general litter patrol and cleaning in all areas to includes all pits and catch basins inside and outside the fence line. Responsibilities shall include, but not be limited to, the removal and disposal of all debris, (tree limbs, dry brush, trash, rodent habitats, dead animals, etc.).

1. Frequency of cleaning

· Brooklyn VA Medical Campus - every two (2) weeks

· St. Albans Community Living Center - weekly

· Manhattan VA Medical Campus - twice per week

E) Leaf Removal Contractor shall provide, at a minimum, weekly maintenance of fallen leaves and debris during the months of October and November. The contractor shall remove leaves from lawns, parking areas, pits, fence lines, and primary focal points. In addition to weekly visits, the contractor shall provide additional visits, as needed for each facility. The number of additional visits required for each facility are listed below:

· Brooklyn VA Medical Campus – three (3) additional visits

· St Albans Community Living Center – four (4) additional visits

· Manhattan VA Medical Campus – two (2) additional visits

F) Spring Clean Up Contractor shall provide a general spring clean-up to remove leaves and debris accumulated over the winter months. This includes the removal of sand and cinders from lawn areas that may have accumulated over the winter. The removal and disposal of all debris generated during the spring and fall clean-up shall be legally disposed of off-site. Contractor shall provide mulch and treatment for the grounds and maintaining all garden areas.

4.2 Tree Maintenance

1. Contractor shall provide all labor, equipment, supervision, tools, and materials necessary to provide tree maintenance services including trimming and thinning services, removal of dead trees and stump grinding. The approximate acreage of locations to be serviced under this agreement are as follows:

1. Brooklyn VA Medical Campus – 19 acres

2. St. Albans Community Living Center – 32 acres

3. Manhattan VA Medical Campus – ¾ acre

2. Schedule All tree maintenance work shall be performed outside regular business hours, defined as 8:00am to 4:30pm, Monday thru Friday excluding Federal Holidays.

3. All work performed shall be done in accordance with ANSI Z133 2017 The American National Standard for Arboricultural Operations - Safety Requirements and ANSI A300 Standards - Tree Care Industry Association.

4. Qualifications

1. The contractor shall be registered with either the NY Arborists Association or the International Society of Arboriculture. Proof of registration shall be provided with solicitation response.

2. An individual that has completed the OSHA 30hr Safety Training Certification shall be on site when any work is to be performed. All must have completed the OSHA 10hr Safety training course.

5. Trimming/Pruning

1. Small Trees up to 5” Caliper or up to 12’in height shall be spot pruned once per season in the spring employing the standards of stated in ANSI A300 Standards - Tree Care Industry Association to remove dead or damaged branches and to develop the natural form of the plant and its intent in the landscape.

2. Minimum safety clearance for trees and shrubs:

i Streets: 14 feet ii Driveways: 12 feet iii Walkways: 8 feet iv Buildings: 4 feet

3. Topping and de-horning shall not be permitted. Trimming/pruning of trees around utility poles/power lines is the responsibility of the contractor.

4. Hedges shall be pruned twice a season in the spring and fall to maintain their natural mature height and shape.

5. Broadleaf evergreens and flowers beds shall be pruned to maintain clearances of at least three (3) inches from buildings, sidewalks, or other obstructions and to keep them in healthy and presentable condition.

i Pruning Schedule:

· Brooklyn VA Medical Campus - twice a month

· St. Albans Community Living Center - twice a month

· Manhattan VA Medical Campus - once a month

6. Clean Up

1. A general spring clean-up shall be provided in coordination with the COR to remove dead or dying branches, or branches that present a hazard to buildings and personnel. The vendor shall only remove branches that are ½ inch in caliper diameter or larger.

2. All wooden debris from tree maintenance services shall be removed off the grounds for proper disposal at the end of each workday. The Contractor shall assume all responsibility for compliance with all Federal, State, and Municipal Laws, rules, and regulations governing the handling, transportation, and disposal of vegetative waste. Before commencing work the Contractor shall furnish copies of all required licenses and permits. In addition, evidence shall be submitted that all receiving sites possess the required permits and licenses to accept waste from the Contractor.

3. The Contractor shall be responsible for all cleanup due to performance of this contract. The Contractor shall be accountable for all cleanup costs and restoration costs required due to damage of VA property through neglect or accident as a result of contractor employee actions.

4.3 Unscheduled Services

a) The contractor shall be available upon request from the COR to provide unscheduled maintenance services to include:

1. Removal of dead or dying trees

2. Removal of dead or dying branches, or branches that present a hazard to buildings and personnel.

3. Stump removal or grinding (include adding soil, grade, and seed stump location)

4. Removal or trimming of trees felled or damaged by storms.

5. Repair of perimeter fence – Job shall not exceed 32 hours.

6. Flagpole Maintenance - clean and provide touch up paint.

b) Routine parts such as nuts, bolts, screws, etc. shall be provided by the contractor. Other parts and materials such as posts, latches, cleats etc. must be quoted prior to any work being completed and will be paid for via a purchase card or modification to the contract.

4.4 Snow and Ice Removal Services

A) General Contractor shall provide all labor, equipment, vehicles, supervision, tools, salt, calcium, and all materials necessary to remove snow and ice to provide clear access at all times to the locations listed below between October 1st and April 30th of each calendar year.

This includes snowplow trucks for roads and parking lots, individuals to shovel, spread calcium chloride and operate snow blowers for walkways, and loaders and dump trucks to attend to or remove snow piles generated by snow removal activities. All equipment provided shall be in good working order.

The standard for snow removal services is blacktop clean with a 0% tolerance for all three locations. Black top clean shall be defined as no snow or ice shall remain on vehicle and pedestrian hardtop areas or curbs. This shall include between parked cars in handicapped parking locations.

1. Brooklyn VA Medical Campus and St. Albans Community Living Center - all sidewalks, stairs, ramps, entrances (ambulance entrance area, morgue entrance, main entrance, back entrance, dietetics loading dock and main loading dock) and parking lots.

2. Manhattan VA Medical Campus - all sidewalks, entrances, and parking lots

B) Salt / Calcium Chloride Contractor shall stockpile of minimum of ten (10) tons of salt (sodium chloride) at Brooklyn VAMC and St Alban’s Community Living Center, and five (5) tons of salt (sodium chloride) at Manhattan VAMC. The salt shall be properly stored at each of the locations by October 1st of each year unless an alternative date is arranged with the COR and site representative. The contractor shall provide and use calcium chloride to be used on pedestrian areas.

The contractor shall provide and use calcium chloride to be used on pedestrian areas. Contractor shall maintain all grounds free from snow and ice with calcium chloride treatment.

C) Snow shall be stockpiled at facility’s designated areas only. If there is insufficient room to stockpile snow at the facility’s designated areas, or at the request of the COR or VA safety representative, the contractor shall be responsible for its removal off site and disposal according to New York City sanitation regulations, or the contractor should use snow melt equipment.

D) Contractor shall be responsible for continually monitoring weather and shall advise facility COR of any upcoming weather events. In addition, contractor shall prepare the facility for any weather events such as snow or icing by salting and having all required personnel on standby to respond immediately upon event start.

E) Vehicle / Operating Requirements

1. Vehicles used for snow and ice removal services shall be properly registered to operate in New York State.

2. Snowplow vehicles shall have a minimum Gross Vehicle Weight (G.V.W.) of 20,000 lbs. The G.V.W. shall be defined as the total weight of the vehicle on its tires as it rests or rolls on the road, including chassis, cab, body, equipment, oil, water, fuel, the driver and the maximum payload and/or ballast. Each truck shall have appropriate ballast to plow the varying amounts of snow. Trucks found to be without ballast and incapable of pushing a full blade of heavy snow are not to be used.

3. The Contractor shall be responsible for fuel, ballast, chains, repairs, insurance, safety lighting and all other items necessary for operations. All equipment must be refueled with a minimum loss of operating time. The Contractor shall receive no compensation for those hours during which the truck or equipment fails to operate due to mechanical trouble or lack of proper ballast.

4. All trucks providing snow plowing/removal services shall be equipped with amber safety lights and shall be of the strobe, LED, or rotating type. The truck shall be equipped with the amber safety lights mounted to be visible from 360 degrees or a minimum of two safety lights, one mounted on the back of the truck and one in the front. The safety lights are required in addition to the vehicle’s normal hazard lights and must be visible from the rear of the truck. Also, reflective conspicuity markings shall be placed on the rear and sides of the vehicle in conformance with New Jersey and Federal Motor Vehicle Regulations and Safety Standards

5. All vehicle operators shall possess a Commercial Driver’s License Class B with air brake endorsement. The Contractor shall submit copies of all snowplow operators to the COR for approval before they are allowed to operate a snowplow on VA property.

5. Safety

A) Contractor shall adhere to OSHA, EPA, VA Life Safety Codes, and other regulatory requirements. Safety shall be the Contractor’s highest priority. The Contractor shall be solely responsible for compliance with (Federal) OSHA regulations.

B) During contract performance, the Contractor shall follow Government’s safety policy and standards for safe work practices and take such safety precautions as the VA Safety Officer or designee or the CO/COR may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with VA smoking policy.

C) Patient, employee, visitor, and Contractor personnel safety shall always be maintained. The Contractor is responsible for the safety and health of his/her employees.

D) Contractor shall be notified of any non-compliance with safety regulations. The Contractor shall, after receipt of such notice, immediately correct the condition and notify the Contracting Officer in writing that the condition has been corrected. If, in the opinion of the CO/COR or the Government’s Safety Officer, the condition is life threatening he/she shall instruct the Contractor to stop work until the condition has been corrected. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order halting all or any part of the work. The Contractor bears all costs of stop-work time and correcting safety hazards.

E) Contractor shall immediately report to the CO/COR in a manner and on the forms prescribed by the Government, accidents resulting in injury, trauma, death, hazardous exposures, and occupational disease involving an elevator or its maintenance.

F) Written reports for incidents shall be provided within five (5) working days and include the cause, what, where, and when the incident occurred as well as repairs and tests performed to correct the cause of the incident.

6. Quality Control Requirements

Contractor shall establish a Quality Control Program to assure the requirements of the Contract are provided as specified. The Contractor shall submit this program to the CO/COR, for acceptance within ten (10) days of Notice to Proceed.

7. Background Investigations A) Contractor and Subcontractor personnel working on New York Harbor Healthcare System’s facilities shall consent to background checks or shall be denied access to the NYHHCS VA facilities. Information required to conduct a background check includes full name, driver’s license number and/or social security number, date of birth, and completion of a background check questionnaire.

a. Contractors shall include completed background check questionnaire for all onsite supervisors with their quote. The designated onsite supervisors shall be responsible and signing in employees during the first month of this contract. The contractor shall submit to the VA completed background check questionnaires for all employees providing services at the three facilities within one month of award.

B) Contractors shall ensure their employees and those of their Subcontractors have the proper credentials allowing them to work in the United States. The Contractor shall not be entitled to any compensation for delay or expenses associated with this requirement and are not excused from proceeding with the Contract.

C) Contractor’s Responsibilities

a. The contractor, when notified of an unfavorable determination by the Government, shall immediately withdraw the employee from consideration from working under the contract.

b. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

8. Uniforms Department of Veterans Affairs regulations requires Contractor employees to have VA issued Identification Badge and display it while at VA facilities. ID badges shall be issued by VA security office under its rules for issuance. Contractor personnel shall present a neat appearance and be easily recognized as a Contractor employee by wearing distinctive clothing bearing the name of the company and VA issued ID badge. When an employee leaves the Contractor’s employment, or the Contract is terminated, the employee’s badge shall be returned to Contracting Officer’s Representative (COR) within three (3) working days.

9. Government Furnished Property A) Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

B) Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR.

C) In the event keys, other than master keys, are lost or duplicated, the Contractor may be held financially responsible for the re-keying of impacted locks. When the replacement of locks or re-keying is performed by the Government, the total cost of rekeying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

D) The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

10. Privacy Training All contractor employees and subcontractors participating under this contract are required to complete the VA's Privacy training requirement - “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or the Use of VA Sensitive Information.”

Contractors must provide certifications of completion to the COR during each year of the contract. Training expires 365 days after the training is taken. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s). The COR for the contract is responsible for ensuring the contractor takes the training and to follow up with the annual requirements.

11. Post Award Conference and Periodic Meetings At the time of contract award the contractor shall provide a schedule of when all recurring maintenance will occur.

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

12. Ordering Estimated Task Orders will be established to provide funding for services in a not-to-exceed amount. Following completion of services for each task order period of performance, an administrative modification will be processed to adjust the obligated amount to reflect the actual amount expended. The “Not to Exceed” limit of an estimated task order may only be increased or decreased via written modification signed by the contracting officer.

The Contracting Officer will provide the names and contact information for each facility representative authorized to request and schedule services for which funds have been obligated. The facility representative may not request services for which funds have not been obligated or services which would exceed the amount of funds obligated on a task order.

The guaranteed minimum award amount for this contract is $25,000.00. The maximum aggregate value of orders that can be placed under this contract is $6,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

Ordering Periods:

Base:4/01/2024 – 3/31/2025
Period 1:4/01/2025 – 3/31/2026
Period 2:4/01/2026 – 3/31/2027
Period 3:4/01/2027 – 3/31/2028
Period 4:4/01/2028 – 3/31/2029

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
MO
__________________
__________________

Grounds Maintenance Services for Brooklyn VA Medical Campus Contract Period: Base POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

1.00
MO
__________________
__________________

Grounds Maintenance Services for St Albans Community Living Center

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
MO
__________________
__________________

Grounds Maintenance Services for Manhattan VA Medical Campus

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for Brooklyn VA Medical Campus

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for St Albans Community Living Center

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for Manhattan VA Medical Campus

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees up to 12" calipher diameter

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees between 12" and 24" calipher diameter

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees over 24" calipher diameter

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
HR
__________________
__________________

Unscheduled branch removal services

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
JB
__________________
__________________

Unscheduled stump removal services

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
HR
__________________
__________________

Unscheduled repairs of fencing and flagpoles.

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
MO
__________________
__________________

Snow Removal services for Brooklyn VA Medical Campus

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
MO
__________________
__________________

Snow Removal services for St Albans Community Living Center

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
MO
__________________
__________________

Snow Removal services for Manhattan VA Medical Campus

POP Begin: 04-01-2024 POP End: 03-31-2025

1.00
MO
__________________
__________________

Grounds Maintenance Services for Brooklyn VA Medical Campus Contract Period: Option 1 POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
MO
__________________
__________________

Grounds Maintenance Services for St Albans Community Living Center

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
MO
__________________
__________________

Grounds Maintenance Services for Manhattan VA Medical Campus

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for Brooklyn VA Medical Campus

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for St Albans Community Living Center

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for Manhattan VA Medical Campus

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees up to 12" calipher diameter

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees between 12" and 24" calipher diameter

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees over 24" calipher diameter

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
HR
__________________
__________________

Unscheduled branch removal services

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
JB
__________________
__________________

Unscheduled stump removal services

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
HR
__________________
__________________

Unscheduled repairs of fencing and flagpoles.

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
MO
__________________
__________________

Snow Removal services for Brooklyn VA Medical Campus

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
MO
__________________
__________________

Snow Removal services for St Albans Community Living Center

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
MO
__________________
__________________

Snow Removal services for Manhattan VA Medical Campus

POP Begin: 04-01-2025 POP End: 03-31-2026

1.00
MO
__________________
__________________

Grounds Maintenance Services for Brooklyn VA Medical Campus Contract Period: Option 2 POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
MO
__________________
__________________

Grounds Maintenance Services for St Albans Community Living Center

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
MO
__________________
__________________

Grounds Maintenance Services for Manhattan VA Medical Campus

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for Brooklyn VA Medical Campus

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for St Albans Community Living Center

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for Manhattan VA Medical Campus

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees up to 12" calipher diameter

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees between 12" and 24" calipher diameter

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees over 24" calipher diameter

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
HR
__________________
__________________

Unscheduled branch removal services

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
JB
__________________
__________________

Unscheduled stump removal services

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
HR
__________________
__________________

Unscheduled repairs of fencing and flagpoles.

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
MO
__________________
__________________

Snow Removal services for Brooklyn VA Medical Campus

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
MO
__________________
__________________

Snow Removal services for St Albans Community Living Center

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
MO
__________________
__________________

Snow Removal services for Manhattan VA Medical Campus

POP Begin: 04-01-2026 POP End: 03-31-2027

1.00
MO
__________________
__________________

Grounds Maintenance Services for Brooklyn VA Medical Campus Contract Period: Option 3 POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
MO
__________________
__________________

Grounds Maintenance Services for St Albans Community Living Center

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
MO
__________________
__________________

Grounds Maintenance Services for Manhattan VA Medical Campus

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for Brooklyn VA Medical Campus

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for St Albans Community Living Center

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for Manhattan VA Medical Campus

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees up to 12" calipher diameter

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees between 12" and 24" calipher diameter

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees over 24" calipher diameter

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
HR
__________________
__________________

Unscheduled branch removal services

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
JB
__________________
__________________

Unscheduled stump removal services

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
HR
__________________
__________________

Unscheduled repairs of fencing and flagpoles.

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
MO
__________________
__________________

Snow Removal services for Brooklyn VA Medical Campus

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
MO
__________________
__________________

Snow Removal services for St Albans Community Living Center

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
MO
__________________
__________________

Snow Removal services for Manhattan VA Medical Campus

POP Begin: 04-01-2027 POP End: 03-31-2028

1.00
MO
__________________
__________________

Grounds Maintenance Services for Brooklyn VA Medical Campus Contract Period: Option 4 POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
MO
__________________
__________________

Grounds Maintenance Services for St Albans Community Living Center

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
MO
__________________
__________________

Grounds Maintenance Services for Manhattan VA Medical Campus

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for Brooklyn VA Medical Campus

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for St Albans Community Living Center

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
MO
__________________
__________________

Scheduled Tree Maintenance Services for Manhattan VA Medical Campus

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees up to 12" calipher diameter

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees between 12" and 24" calipher diameter

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
JB
__________________
__________________

Unscheduled removal of dead or dying trees over 24" calipher diameter

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
HR
__________________
__________________

Unscheduled branch removal services

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
JB
__________________
__________________

Unscheduled stump removal services

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
HR
__________________
__________________

Unscheduled repairs of fencing and flagpoles.

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
MO
__________________
__________________

Snow Removal services for Brooklyn VA Medical Campus

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
MO
__________________
__________________

Snow Removal services for St Albans Community Living Center

POP Begin: 04-01-2028 POP End: 03-31-2029

1.00
MO
__________________
__________________

Snow Removal services for Manhattan VA Medical Campus

POP Begin: 04-01-2028 POP End: 03-31-2029

GRAND TOTAL
__________________

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…

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