36C24421Q0159 RFQ.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 54

36C24421Q0159 12-21-2020

Stephanie McFadden, Contract Specialist 717-272-6621X5342 01-04-2021

12:00PM EST

36C244

Department of Veterans Affairs

Network Contracting Office 4

Lebanon VA Medical Center

1700 S. Lincoln Avenue

Lebanon PA 17042

X 100

X

812910

$8 Million

N/A

X

36C646

Department of Veterans Affairs

Pittsburgh VA Medical Center

University Drive Campus

University Drive

Pittsburgh PA 15240

36C244

Department of Veterans Affairs

Network Contracting Office 4

Lebanon VA Medical Center

1700 S. Lincoln Avenue

Lebanon PA 17042

Austin Payment Center

Department of Veterans Affairs

PO Box 149971

Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

TRAILING AND NARCOTIS CANINE

AND HANDLER TRAINING CERTIFICATION COURSE

SEE SECTION B FOR COMPLETE DETAILS

ALL QUOTES MUST BE SUBMITTED NO LATER THAN 12:00PM EST,

MONDAY, JANUARY 4, 2021.

QUOTES MUST BE SUBMITTED VIA EMAIL ONLY TO:

stephane.mcfadden@va.gov

LATE QUOTES SHALL NOT BE ACCEPTED

See CONTINUATION Page

Jennifer A. Cutshall

36C24421Q0159

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

B.2 DELIVERY SCHEDULE

B.3 STATEMENT OF WORK

B.4 CONTRACT ADMINISTRATION DATA

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

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

C.3 52.232-1 PAYMENTS (APR 1984)

C.4 52.232-11 EXTRAS (APR 1984)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020) 32

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (NOV 2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 EA ________________

LABRADOR RETRIEVER TRAINED IN TRAILING AND

NARCOTICS; SUPPLIES AND TRAINING RESOURCES

0.00 EA ________________

NARCOTICS-TRAINED-CANINE HANDLER TRAINING

COURSE; SUPPLIES, TRAINING RESOURCES, AND

LOGDING

GRAND TOTAL ________________

B.2 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs VA Pittsburgh Healthcare System University Drive Campus/University Drive Pittsburgh, PA 15240

USA

1.00 TBD

MARK

FOR:

Dana Mitchell 412-822-1254 dana.mitchell@va.gov

0002 SHIP TO: SAME AS CLIN 0001

0.00 TBD

MARK

FOR:

SAME AS CLIN 0001

B.3 STATEMENT OF WORK

TRAILING AND NARCOTICS CANINE

AND HANDLER TRAINING CERTIFICATION COURSE

PITTSBURGH VA HEALTHCARE SYSTEM

BACKGROUND

The Pittsburgh VA Healthcare System, University Drive Campus, University Drive, Pittsburgh, PA 15240, has a requirement for a firm fixed-price contract for a Trailing and Narcotics Canine and Handler Training Certification Course. The NAICS Code is 561612.

SCOPE OF WORK

The vendor shall provide all resources necessary to accomplish the deliverables described in this Statement of Work (SOW), except as may otherwise be specified.

▪ Vendor shall provide one (1) Labrador Retriever between the ages of eighteen

(18) months and (36) months of age.

▪ Vendor shall provide training to the canine and canine handler, to include supplies and training resources for both the canine and handler.

▪ Vendor shall provide lodging for the Canine Handler while in training. The vendor shall include lodging details with responses to this RFQ.

▪ The Canine Handler is a VA employee selected by the Pittsburgh VA Healthcare

System.

▪ The vendor shall submit a course syllabus with responses to this RFQ.

▪ The vendor shall include a proposed training schedule and start date with responses to this RFQ.

MANDATORY TASKS AND ASSOCIATED DELIVERABLES

The contractor shall provide the specific deliverables described below:

VENDOR: The Vendor must have been or employ someone who was/is recognized as an expert witness in Tracking/Trailing and Narcotics. Vendor must have handled or employ someone who has previously handled a Tracking/Trailing and Narcotics dog in a real-world environment such as Law Enforcement Search and Rescue with at least 10 years of experience. If the vendor is qualifying this experience based on an employee, this employee must have been employed by this vendor for a minimum of 2 full years prior to the award date of this contract. Vendor must provide 5 references for which they have provided Tracking/Trailing and Narcotics dogs. References shall be submitted with responses to this RFQ. The vendor shall submit a course syllabus and a proposed training schedule with responses to this RFQ. The vendor shall also include the Canine Handler lodging details with responses to this RFQ.

CANINE: Provide one Labrador Retriever between eighteen (18) months & (36) months old. The canine will be trained in obedience, narcotics and tracking/trailing. The canine will be trained to provide a passive final response to the odor of narcotics. An aggressive final response (i.e. scratching, barking, biting, licking) is not authorized. The vendor must guarantee in writing the canine has not had any type of aggression or bite work training to include handler protection. If it is determined the canine has had any type of aggression or bite work training the contract will be voided. The canine will be certified free of hip dysplasia (by a qualified veterinarian). The canine will need a current health certificate. The canine must be well socialized with people and other animals and show no signs of aggression toward people or animals. Temperament testing must be done prior to acceptance of the canine. Due to the environment of the hospitals, close proximity to other animals, such as service animals, is likely. The canine shall not display any signs of aggression toward other animals or people.

Additional requirements for the canine are as follows:

▪ The canine must be microchipped

▪ The canine’s weight must be proportional to the canine’s frame and skeletal size. An objective rating system to measure body condition (weight for frame) should be used.

(Development and Validation of body condition score system for canines: a clinical tool. La Flamme Canine practice 1997 Vol 22 pages 10-15.)

▪ The canine must have been vaccinated for: rabies, canine distemper (CDV), canine adenovirus (type 2) (CAV-2) (canine hepatitis), parvovirus (CPV-2), and leptospirosis. There may be particular regional/national requirements which must be considered. The 2006 AAHA (American Animal Hospital Association) guidelines should be consulted

▪ A vaccination/titer certificate issued by a veterinarian with individual canine identification (name and microchip number) must be provided on all canines.

▪ An approved veterinarian in accordance with Federal Acquisitions Regulations (FAR) and at government expense will complete a physical examination and provide written certification the canine is fit for government service. This examination will include the following:

▪ Physical examination:

▪ Gait: The gait should be assessed at the walk, trot and run

▪ Skin and coat: Must be healthy in appearance

▪ Oral cavity: Dentition

▪ Heart and lungs:

▪ Heart sounds

▪ Heart rate

▪ Heart rhythm

▪ Lung sounds

▪ Cardiovascular system at rest

▪ Cardiovascular system upon exercise

▪ Respiratory system at rest

▪ Respiratory system on exercise

▪ Musculoskeletal system

▪ Nervous system and senses, and sensory organs

▪ Nervous system

▪ Eyes and adnexa

▪ Functional vision

▪ Anatomy of ears

▪ Functional hearing

▪ Nose and nasopharynx

▪ Demonstrated olfactory ability

▪ Reproductive and Urinary System:

▪ Intact or neutered reproductive system. Document monorchidism or cryptorchidism.

▪ Urinary tract anatomy

▪ Urinary tract function

▪ Laboratory minimum database

▪ Hematology and bloody chemistry

▪ Collection of blood sample for routine testing blood chemistry.

Complete blood count.

▪ Serology

▪ Canine heartworm testing

▪ Urinalysis

▪ Collection of urine sample for routine testing.

▪ Urine specific gravity

▪ Fecal examination. Collection of fecal sample for routine testing

▪ Skeletal radiology

▪ Early signs of degenerative joint disease would not be acceptable

▪ It is considered a best practice to acquire diagnostic elbow

▪ and hip radiographs for evaluation of elbow and hip conformation

▪ and that these be reviewed by an independent board-certified veterinary radiologist

▪ It is a best practice to ensure that the minimum patient data

▪ are projected or imprinted (“flashed”) permanently on the radiograph at the time of exposure

▪ If further evaluation is warranted, evaluations may be completed at the discretion of the veterinarian or canine may be deemed unacceptable

HANDLER TRAINING REQUIREMENTS

Canine Handler Training Overview:

▪ The Canine Handler, selected by the Pittsburgh VA Healthcare System, will be required to attend a minimum of 240 hours of on-site training at an approved initial Canine Handler training course provided by the vendor. Any previous canine training received by the Canine Handler will not apply to this requirement.

There will be no exceptions granted to the 240-hour initial Canine Handler training requirement.

▪ The 240 hours of initial Canine Handler training shall be continuous until completion and shall consist of 200 hours of practical application under qualified instructor supervision and 40 hours of classroom instruction from a qualified instructor. The Canine Handler must successfully complete the training.

▪ Training shall combine theory (rules, ideas, principles, and techniques) and practical skill objectives that the Canine Handler must learn and demonstrate.

▪ The vendor shall provide all manuals, handouts, canine training needs and lodging for the handler.

▪ During the initial Canine Handler training, the following topics are covered in detail.

The Canine Handler shall receive instruction on the following:

▪ Safety Instruction

▪ Canine and Canine Handler Safety:

▪ How to properly muzzle the canine using a muzzle or leash

▪ How to safely break up a dog fight to prevent injury to the dogs and handler(s)

▪ How to protect themselves and others should their canine partner become aggressive

▪ How to safely manage the canine during a veterinary examination or procedure

▪ Kennel Safety:

▪ Canine and Canine Handler safety while in a kennel environment

▪ Proper way to approach and enter a strange dog’s kennel

▪ How to move with or without the dog within a kennel to ensure personal safety and prevent dog fights

▪ Importance of weekly kennel inspections to prevent the canine from encountering hazards such as sharp objects

▪ Transportation Safety

▪ How to safely transport canines in vehicles specifically designed for that purpose, as well as vehicles not equipped to carry canines

▪ How to safely transport personnel in the same vehicle as the canine

▪ How to prepare an air crate for the safe transportation of the canine

▪ Daily Canine Care

▪ Nutrition and Hydration

▪ How to fulfill the canine’s requirements for food and water

▪ How to properly feed, follow feeding schedule, monitor food intake, and adjust diet when needed

▪ How to provide a continuous supply of clean, cool water

▪ Exercise and Stimulation

▪ Understand the role of exercise in the canine’s daily activities, the importance of a daily exercise regimen, and how to ensure the canine’s exercise needs are met

▪ How to provide appropriate exercise to ensure the canine’s physical well-being, including weight management, muscle tone, and cardiovascular fitness

▪ How to provide mental stimulation such as physical conditioning and appropriate environmental enrichment to ensure the canine’s mental well-being

▪ How to provide exercise that will complement the canine’s trained discipline(s)

▪ Scheduled Rest

▪ How to ensure the canine is provided with adequate and appropriate rest periods

▪ Understand the value of adequate rest for the canine while in its kennel

▪ Understand the value of adequate rest for the canine between operational periods

▪ Health Related

▪ How to conduct a daily inspection of the dog to ensure it is being maintained in good health as well as:

▪ How to care for the canine’s bathing and grooming needs, as well as instruction on the proper use of grooming equipment and techniques

▪ Eye and ear care, and how to care for the canine’s nose, mouth, genitalia, and extremities

▪ How to recognize and treat internal and external parasites

▪ How to provide the canine time out of its kennel daily, to allow for elimination of biologic waste, a health inspection including biological waste inspection, and an inspection and cleaning of the kennel

▪ How to administer medications as needed

▪ Kenneling

▪ Kenneling at home – How to properly kennel the canine in a home environment

▪ How to inspect the home kennel each day to ensure it is safe, clean and secure

▪ How to maintain the kennel through daily cleaning, disinfecting and other required maintenance

▪ Kenneling at a Contracted Facility – How to properly kennel the canine in a contracted facility.

Many of the same safety issues will apply to kenneling at home and kenneling at a contracted facility

▪ How to inspect the kennel each day to ensure it is safe, clean, and secure

▪ How to maintain the kennel through daily cleaning, disinfecting, and other required maintenance.

▪ Obedience

▪ How to attain various levels of control over the canine using obedience training

▪ How to effectively communicate the canine using various voice tones

▪ How to identify and use body language to properly communicate with the canine

▪ Proper use of equipment including but not limited to leashes, choke (slip) collars, fur save collars, harnesses, and clickers. Note: prong (pinch) collars and remote trainers (e-collars) are not authorized

▪ Understand basic obedience commands and be able to demonstrate their mechanics correctly

▪ Proper praise and correction techniques.

Additionally, the Canine Handler will recognize and demonstrate the correct usage and timing of motivational tools

▪ Canine Health and Emergency Veterinary Care

▪ How to assess their canine partner’s vital signs, including body temperature, respiration, heart rate, reflexes, and mobility

▪ Understand terminology associated with canine anatomy

▪ Understand the contents of a canine first aid kit and how to utilize the components in emergency situations

▪ How to address trauma related events such as gunshot wounds, broken bones, excessing bleeding, snake bites, insect bites, care accidents, and dog fights

▪ Understand the importance of cardiopulmonary resuscitation (CPR) to the canine. Instruction should be conducted by a recognized professional

▪ How to provide proper transportation of the injured canine from the field to a veterinary care facility

▪ Recognize the symptoms of, and the need for emergency care for the following conditions:

▪ Shock

▪ Seizures

▪ Perceived or possible ingestion of poisons/narcotics

▪ Heat exhaustion

▪ Dehydration

▪ Gastric torsion/bloat

▪ Collapse

▪ Fractures

▪ Profound staggering

▪ Canine Legal Issues and Case Law

▪ The Canine Handler shall receive instruction on applicable local, state, and federal statutes regarding canine search and seizure as they relate to the Canine Handler’s jurisdiction and duties

▪ How to successfully develop and document the canine team’s reliability, training, and certification in a team resume that will satisfy all legal issues regarding such documentation

▪ Become familiar with the legal issues and applicable case law surrounding the use of canines for duties including but not limited to:

▪ Residential searches

▪ Vehicle searches

▪ Vessel searches

▪ School searches

▪ Person searches

▪ Package and luggage searches

▪ Open field searches

▪ Public and private property searches

▪ Necessity for proper handing of evidence including documentation and the chain of custody

▪ Search Techniques

▪ The Canine Handler shall receive instruction on search techniques that complement the training and conditioning of the canine, as well as:

▪ How to develop a plan prior to deploying their canine for a search. A well-designed search plan should include but not be limited to:

▪ Gathering intelligence

▪ Canine and handler safety

▪ Tactical and operation

▪ Minimize evidence disturbance

▪ Necessary resources

▪ Environmental conditions

▪ How to prioritize areas of the search. Factors that can affect the priorities include training of the search team and the information and intelligence that was gathered during the planning stage of the canine team’s deployment

▪ How to deploy the canine in a pattern that is consistent with the canine team’s discipline and canine’s training. The pattern selected should be systematic to ensure the most effective search.

▪ Maintenance Training

▪ Understand the importance of varying all aspects of the canine team training experience as dictated by the needs of the canine and/or Canine Handler, or program requirements

▪ Understand the importance of maintaining the proficiency of the canine in the work environment using objective-based training

▪ Understand the importance of conducting detection maintenance training away from the normal work environment which will allow the canine’s abilities to be strengthened and/or correct the problem areas that may arise.

▪ Understand the importance of blind searches

▪ Understand the importance of blank searches

▪ Training Aids

▪ Correct procedures for the safe handling and storage of training aids to ensure security and prevent contamination

▪ Correct placement of the training aids in the training environment to avoid contamination from contact with strong odors

▪ Understand the importance of maintaining their respective training aids serviceability

▪ Understand the importance of having damages or contaminated training aids removed from service or repackaged.

▪ Recognizing Concealment Techniques

▪ How to recognize and become familiar with commonly encountered concealment techniques

▪ How to recognize and become familiar with those methods which may be used for concealment

▪ How to recognize and identify agents used to mask or conceal target odors from the canine

▪ Canine Handler and Canine Safety

▪ How to recognize and become familiar with situations that may be inherently dangerous or present a substantial risk of injury or death to the canine and Canine Handler

▪ Record Keeping

▪ Become familiar with state and federal case law on canine record keeping as it relates to the Canine Handler’s specific discipline and jurisdiction

▪ Become familiar with documenting and maintaining all records associated with Canine Handler’s training as it relates to and is applicable to the Canine Handler’s duties

PERFORMANCE

The Pittsburgh VA Healthcare System is requesting that training shall begin within 30 days ARO. However, it is understood that the COVID-19 Pandemic may affect training start dates. The vendor shall consult with the Pittsburgh VA Healthcare System to establish a mutually agreeable start date for the training.

Completion will be established based upon the completion/training schedule submitted by the vendor and agreed upon by the Pittsburgh VA Healthcare System.

B.4 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

POC: CONTRACTOR PLEASE COMPLETE

TEL:

EMAIL:

b. GOVERNMENT: Contracting Office 36C244

Stephanie McFadden, Contract Specialist Department of Veterans Affairs Regional Procurement Office - East Lebanon VA Medical Center 1700 S. Lincoln Avenue Lebanon, PA 17042

TEL: (717) 272-6621 EXT: 5342

EMAIL: stephanie.mcfadden@va.gov

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] Upon receipt, inspection and acceptance by the Government.

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.

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

5. CHANGE AUTHORITY:

Only a Warranted Contracting Officer, acting with the limits of his warrant, is authorized to change the terms and conditions of this contract. If any other than a

Contracting Officer attempts to change the terms and conditions of this contract, contact the Contracting Officer signing this document immediately. Acting on direction from other than the Contracting Officer may result in the related performance being determined to be accomplished at risk.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

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

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

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

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

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

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.3 52.232-1 PAYMENTS (APR 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the

Government if:

(a) The amount due on the deliveries warrants it; or

(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

(End of Clause)

C.4 52.232-11 EXTRAS (APR 1984)

Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.

(End of Clause)

(DEVIATION AUG 2020)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

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

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

Index.

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

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

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

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

(End of Clause)

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(NOV 2020)

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

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

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

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15

U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

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

(3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

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

637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15

U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

[] (24)…