36C24425Q0331.docx

SUBJECT*

238310 | Fire and Smoke Barrier Inspections and Repairs | Lebanon VA Medical Center

GENERAL INFORMATION

Network Contracting Office 4 Services 2 3900 Woodland Avenue

POINT OF CONTACT*

Contract Specialist Eric Christy Eric.Christy@va.gov Email Only

PLACE OF PERFORMANCE

Lebanon VA Medical Center

1700 South Lincoln Avenue

Lebanon PA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C24425Q0331.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2025-03 effective January 17th, 2025, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at FAR | Acquisition.GOV.

This Solicitation is being competed as a total Service-Disabled Veteran Owned Small Business (SDVOSB) Set-Aside. The NAICS Code is 238310, and the Product Service Code (PSC) is H912 with a business size standard of $19 million.

The NCO4 Contracting Office is seeking to obtain ongoing fire barrier inspections and repairs at the Lebanon VA Medical Center in accordance with the statement of work.

Service Contract Act Wage Determinations applies to this acquisition and will be incorporated into the resulting contract. The current Wage Determination, 2015-4231 Rev27 dated 12/23/2024, is included with this solicitation as an attachment.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in the solicitation. All offerors are advised to pay careful attention to the quote submission instructions as there are very specific instructions as what is required to be provided. The offeror is responsible for any quote preparation and/or submission costs.

The period of performance (POP) in the attached schedule is an estimate.

Any award resulting from this solicitation will be issued on a Standard Form 1449.

NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database. Registration may be done online at: www.acquisition.gov or www.sam.gov.

Offerors are advised that any and all questions concerning this solicitation must be sent in writing to the Contracting Office at NCO 4. Questions may be sent via email to Eric Christy at Eric.Christy@va.gov. No questions will be answered after the question submission deadline: March 5th, 2025, at 3:00PM Eastern Time.

A site visit is planned at the Lebanon VA Medical Center located at 1700 South Lincoln Avenue, Lebanon, PA 17042 on Wednesday, February 26th, 2025, at 9:00 AM Eastern. Any offerors interested in attending the site visit must register by sending an email requesting attendance to Eric Christy at Eric.Christy@va.gov before Monday, February 24th, 2024, at 9:00 AM Eastern. Any offerors who do not register for the site visit before the deadline may be excluded from attendance. Site visit attendance instructions will be provided to all registered vendors. Attending the site visit is not mandatory or required to be eligible for submitting a quote.

I. Quote Submission Instructions:

A. Failure to follow the instructions below may result in elimination from award consideration or a non-compliant determination.

1) Quotes shall be submitted through email only. Multiple emails are allowable if necessary due to document size limitations.

2) All quotes shall include one (1) separate electronic copy of each of the Section listed below. The Sections must be clearly identified as described below (either as the title of the document or on the actual document).

3) No price information shall be included in the technical section. If pricing information is found in the technical section, the quote may be considered non-compliant and not evaluated.

B. Section I Administrative/Regulatory. Page limit: None.

1) In accordance with FAR 4.1102 and FAR 52.204-7 (b)(1) offerors must be registered in the System for Award Management (SAM) database at time of quote submission and at time of award. Registration may be done online at: www.acquisition.gov or www.sam.gov.

2) The offeror shall include a narrative regarding subcontractors and a detailed description of how the offeror plans to adhere to the requirements of VAAR 852.219-75. This narrative shall describe what tasks the prime will perform and what tasks the subcontractors will perform. The response shall also provide the subcontractor’s business name and UEI. If the offeror does not plan to use subcontractors, they need to respond accordingly. Failure to provide the requested information regarding VAAR 852.219-75 may result in a non-compliant determination.

3) Quoters must include the solicitation number; The deadline specified in the solicitation for receipt of offers; The name, address, and telephone number of the offeror; The SAM Unique Entity Identifier (UEI); and include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

4) The offeror shall submit any completed fill-ins from the solicitation in this section as they may apply, including FAR 52.212-3 paragraph (b) and acknowledging any amendments. The Certificate of Compliance for Services and Construction at VAAR 852.219-75 shall be completed and submitted in this section. Failure to completed, sign, and submit this certification will result in a non-compliant determination and removal from award consideration.

C. Section II Technical. Page limit: 10 pages including any coversheets and table of contents.

1) The offeror shall submit a narrative demonstrating a clear understanding of the services required, and describing the process the offeror proposes to perform the services outlined in the SOW. This narrative shall not be a direct copy of the SOW.

2) The offeror shall acknowledge the fire stop material specifications found in Section 3.2 of the SOW.

D. Section III Past Performance. Page Limit: 4 pages including any coversheets.

1) The offeror shall submit a past performance narrative of up to three commercial projects completed within the last three years which are similar in size and scope to the services outlined in this solicitation. Include a description of work, the results of work, and the dollar value of each project.

2) The offeror may have the Past/Present Performance Questionnaire (Attachment B) completed and submitted by the Program Manager/Responsible Official for any past or present government contracts. The Program Manager/Responsible Official shall submit Attachment B via email to Eric.Christy@va.gov.

3) In the case that an offeror does not have a record of relevant past performance, or if information on past performance is not available, the offeror will include a statement indicating so in this section.

E. Section IV Price. No page limit. Please note, this section is not sent to the technical evaluators.

1) Offerors are required to complete the pricing information found in the schedule of the solicitation. Line items shall not be edited. Pricing per unit and total per line are required as well as contract total.

2) Offerors are required to include hourly rates for additional repairs/services in accordance with Section 4 of the SOW as outlined in line items 0002, 1002, 2002, 3002, and 4002.

II. Evaluation of Quotations Quotes will be evaluated in accordance with the criteria set forth below. The Government may, at its discretion and in its best interest, make award without conducting discussions with offerors. Therefore, prospective offerors are encouraged to submit initial quotes that represent the best terms and conditions of the offeror. Quotes will be comparatively evaluated in accordance with FAR 13.106-2(b)(3).

Quotes will be reviewed for completeness and for compliance with the solicitation before the comparative evaluation analysis. Only complete quotes in compliance with the solicitation will be comparatively evaluated based on the following sections of each quote’s submittals: Technical, Past Performance, and Price. Any offeror without a record of relevant past performance will not be evaluated favorably or unfavorably in that portion of the evaluation.

Comparative Evaluation Process:

Quotes will be directly compared with another in a uniform and fair manner to determine which quote provides the government the best value in terms of Technical, Past Performance, and Price. Quotes will be evaluated in no preference or order. After evaluating two quotes side by side and determining one to provide the best value, it will then be compared side by side with the next quote until all complete and compliant quotes have been evaluated and one quote is determined to provide the best value to the government. Award will be made to the responsible offeror who provides the best value to the government at a price which can be determined as reasonable.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4

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

3. INVOICES: Invoices shall be submitted in arrears:

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

All invoices shall be submitted to Tungsten at:

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

B.2 STATEMENT OF WORK

STATEMENT OF WORK

Fire Stop Barrier Inspection and Replacement Lebanon VA Medical Center 1700 South Lincoln Ave. Lebanon, PA 17042

1. General:

The contractor shall provide all labor, materials, equipment, supervision, and quality assurance necessary to perform a service contract for quarterly inspections, and all associated repairs of the fire stop barriers at the Lebanon VA Medical Center.

2. Place of Performance:

Lebanon VA Medical Center 1700 South Lincoln Avenue Lebanon, PA 17042

2.1. Building 1 floors G thru 6 attic and service room includes all smoke and fire walls as shown on supplied drawings.

2.2. Building 17 floors Basement through attic and service room includes all smoke and fire walls as shown on supplied drawings. Includes addition – Primary care.

2.3. Building 18 floors B through attic and service room includes all smoke and fire walls as shown on supplied drawings.

2.4. Building 19 floors G through 3 and attic and service room including all smoke and fire walls as shown on supplied drawings.

2.5. Building 101 first floor includes all smoke and fire walls as shown on supplied drawings.

2.6. Building 102 first floor includes all smoke and fire walls as shown on supplied drawings.

2.7. Building 104 floors B thru 3 includes all smoke and fire walls as shown on supplied drawings.

2.8. Building 34 includes all smoke and fire walls as shown on supplied drawings.

2.9. Building 35 floors 1 and 2 includes all smoke and fire walls as shown on supplied drawings.

2.10. Building 36 includes all smoke and fire walls as shown on supplied drawings.

2.11. Building 37 floors 1 and 2 includes all smoke and fire walls as shown on supplied drawings.

See Attachment A for drawings of fire stop requirements in each building and location. Some of the drawings reference outdated building numbers, reference the PDF name or coordinate with the Program Manager for an accurate listing. Note that not all fire stop plans are included, some of the locations requiring service do not have a formal plan. In these cases the Program Manager will direct which barrier ratings are appropriate. A site visit will be provided for vendors to obtain a more accurate view of the size/scope of this project. Site visit information and requirements will be included in the solicitation.

3. Tasks and Requirements / Standard Service:

3.1. The contractor shall perform quarterly inspections of the fire stop barriers in all listed locations at the Lebanon VA Medical Center. Quarterly inspections shall be conducted during the months of April, July, October, and January.

3.1.1. 1 hour rated barriers and 2 hour rated barriers as shown on hospital supplied drawings (Attachment A), install fire stop materials compliant with ASTM-e814 Standard Test Method for Fire Tests of Penetration Firestop Systems.

3.1.2. Because of the complexities of older facilities, engineering judgments may be utilized for sealing penetrations that have unique configurations.

3.1.2.1. All engineering judgments will be submitted to the Contract Officer and the Program Manager for approval. The contractor will provide the best possible solution while maintaining life safety as its primary goal.

3.2. All fire stop materials must be compliant with the following specifications:

3.2.1. Easily distinguished and identifiable color from pre-existing materials.

3.2.2. In reference to ASTM-e814 Standard Test Method for Fire Tests of Penetration Firestop Systems the materials must meet the following fire resistance for each barrier type:

3.2.2.1. Smoke barrier rated at least 1 hour fire resistant.

3.2.2.2. Fire barriers rated at least 2 hours fire resistant.

Hilti brand fire stop materials are an example of a compliant fire stop material but is not the only acceptable product.

3.3. The standard recurring service is for inspections and replacement of the fire stop barriers, this Statement of Work does not allow for renovations or large modifications, such as missing wall membrane larger than 12 inches by 12 inches.

3.4. Smoke walls are to be sealed on one side of the penetration only. Fire rated walls are to be sealed on both sides of the penetration.

3.5. Penetrations will be accessible. The standard service does not include construction of access panels.

3.6. Contract does not include the removal/replacement of obstructions, such as hard ceilings, piping, electrical conduit, and ductwork. If obstructions are encountered, the contractor will provide solution recommendations to the Contract Officer and Program Manager. In some cases, it may be impossible to remove the obstructions without effecting operations. The contractor shall provide price estimates for these services in accordance with Section 4 of this Statement of Work if needed.

3.7. The contractor is responsible for site cleanliness and shall remove all dust, debris, trash, excess caulk, or otherwise for each location being serviced.

3.8. In order to ensure that the scope of work remains as indicated, the attached drawings are to be signed by the contractor and by engineering service after contract award, then distributed to the Contract Officer and Program Manager.

3.9. The contractor is responsible for transporting and storing all materials required during performance of this contract to and from the Lebanon VAMC, the contractor shall not store any equipment or materials on-site without Program Manager approval. Any storage of contractor owned equipment or materials at the Lebanon VAMC must be approved by the Contract Officer and Program Manager.

4. Additional Repairs/Services not included in Standard Service:

4.1. Prior to engaging in any service or repair under this section, the contractor shall obtain written approval from the Contract Officer. Email is an acceptable form of written approval. Any work performed without CO authorization shall not be approved for payment and considered an Unauthorized Commitment.

4.2. The contractor shall contact the Contract Officer and Program Manager immediately upon discovery of any repairs or additional services which will require work beyond this Statement of Work (SOW) or should any increase in price be required to perform services. Any work over or outside of contract specifications must be covered via contract modification or separate purchase order and authorized by a Contract Officer before any such work is completed.

4.3. The contractor shall provide an hourly rate for these services to be incorporated as a separate line item. Such services would include replacing missing wall membranes not included with the standard service, construction/installation of access panels, removal/replacement of obstructions, or any other action required to repair or inspect fire stop barriers.

4.3.1. Use of this line item would require a separate estimate from the contractor adhering to the established hourly rate and including a breakdown for any parts/materials, as well as a schedule for completing the services.

4.3.2. The contractor will not commence work until they are provided a written approval from the contracting officer. The CO is the only representative authorized to approve additional work.

4.4. The Government reserves the right to obtain these services from a different vendor.

5. Inspection, Acceptance, and Reports:

5.1. All work performed by the contractor will be inspected and accepted by the Lebanon VA Medical Center Engineering Department.

5.2. All completed work must be inspected and accepted by the Program Manager or engineering department representative before payment of any invoices submitted for the work.

5.3. A report of findings detailing all penetrations found and repaired with before and after pictures detailing location and identifying what was repaired. The report shall include the building, floor, and closest room number. The report shall be supplied within a week of completion of the inspection in pdf format to the Program Manager.

6. Scheduling and Period of Performance:

6.1. The contractor shall contact the Program Manager or Lebanon VA Medical Center Engineering Department to schedule services.

6.2. Lebanon VA Medical Center will not be responsible for any work stoppages due to normal or emergency hospital activities. Work will be occurring in an active hospital and may be interrupted due to emergencies, scheduling, or otherwise for normal hospital operation.

6.3. The contractor shall contact the Program Manager or Lebanon VA Medical Center Engineering Department to schedule services.

6.4. Period of Performance is planned to be one year, with four additional one-year option periods resulting in a total contract duration of five years.

6.5. The firestop inspections shall be conducted during normal business hours Monday - Friday 7:00am – 4:00pm, excluding federal holidays.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Quarterly inspections and repairs to the fire and smoke barriers IAW the SOW throughout the Lebanon VAMC campus.

Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 238310 - Drywall and Insulation Contractors PRODUCT/SERVICE CODE: H912 - Other Quality Control, Testing, and Inspection - Fire Control Equipment

Additional Repairs/Services IAW Section 4 of the SOW.

Service Rates (Hourly) Standard Time: $_________ Overtime: $_________ Emergency: $_________ Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026

Quarterly inspections and repairs to the fire and smoke barriers IAW the SOW throughout the Lebanon VAMC campus.

Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027

Additional Repairs/Services IAW Section 4 of the SOW.

Standard Time: $_________ Overtime: $_________ Emergency: $_________ Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027

Quarterly inspections and repairs to the fire and smoke barriers IAW the SOW throughout the Lebanon VAMC campus.

Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028

Additional Repairs/Services IAW Section 4 of the SOW.

Standard Time: $_________ Overtime: $_________ Emergency: $_________ Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028

Quarterly inspections and repairs to the fire and smoke barriers IAW the SOW throughout the Lebanon VAMC campus.

Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029

Additional Repairs/Services IAW Section 4 of the SOW.

Standard Time: $_________ Overtime: $_________ Emergency: $_________ Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029

Quarterly inspections and repairs to the fire and smoke barriers IAW the SOW throughout the Lebanon VAMC campus.

Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030

Additional Repairs/Services IAW Section 4 of the SOW.

Standard Time: $_________ Overtime: $_________ Emergency: $_________ Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030

B.4 DELIVERY SCHEDULE

Lebanon VA Medical Center 1700 South Lincoln Ave.

Lebanon, PA 17042

USA

4.00

Lebanon VA Medical Center 1700 South Lincoln Ave.

Lebanon, PA 17042

1.00

Lebanon VA Medical Center 1700 South Lincoln Ave.

Lebanon, PA 17042

4.00

Lebanon VA Medical Center 1700 South Lincoln Ave.

Lebanon, PA 17042

1.00

Lebanon VA Medical Center 1700 South Lincoln Ave.

Lebanon, PA 17042

4.00

Lebanon VA Medical Center 1700 South Lincoln Ave.

Lebanon, PA 17042

1.00

Lebanon VA Medical Center 1700 South Lincoln Ave.

Lebanon, PA 17042

4.00

Lebanon VA Medical Center 1700 South Lincoln Ave.

Lebanon, PA 17042

1.00

Lebanon VA Medical Center 1700 South Lincoln Ave.

Lebanon, PA 17042

4.00

Lebanon VA Medical Center 1700 South Lincoln Ave.

Lebanon, PA 17042

1.00

36C24425Q0331

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SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

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

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small…