s02_36C24425Q0485_Amendment 01.docx

SUBJECT*

Grounds Maintenance | Lawn Care/Tree Trimming | Grounds Maintenance - Landscaping Services | 503

GENERAL INFORMATION

Network Contracting Office 4 Services 2 1601 Kirkwood Highway

POINT OF CONTACT*

Contract Specialist Keri Lewis keri.lewis2@va.gov email only.

PLACE OF PERFORMANCE

ADDRESS

Department of Veterans Affairs

James E. Van Zandt Medical Center

2907 Pleasant Valley Blvd

Altoona Pennsylvania

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 36C24425Q0485.

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 Small Business Set-Aside. The NAICS Code is 561730, and the Product Service Code (PSC) is S208, with a business size standard of $9.5 million.

The NCO4 Contracting Office is seeking to obtain Grounds and Lawn Maintenance Services in accordance with the Performance Work Statement (PWS).

Service Contract Act Wage Determinations applies to this acquisition and will be incorporated into the resulting contract and task orders. The current Wage Determination, 2015-4221 v.31 Dated 05.15.2025. This is a public document available for viewing on SAM.Gov.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in the solicitation. All quoters are advised to pay careful attention to the quote submission requirements as quoters are required to follow the submission requirements outlined in paragraph E.2 (a) I. A. 1) C, in order to be considered for award. The quoter 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, quoters MUST be registered in the System for Award Management (SAM) database. Registration may be done online at: www.acquisition.gov or www.sam.gov.

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

36C24425Q0485 Quoters 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 Keri Lewis at keri.lewis2@va.gov. No questions will be answered after the question submission deadline: June 9th, 2025, at 12:00 PM Eastern Time. A site visit has been scheduled for June 6th, 2025 at 10:00 AM Eastern Time. Contractors planning to attend shall send their notice via email to Keri Lewis at keri.lewis2@va.gov. No questions will be asked or answered during this visit.

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SECTION B – CONTRACT ADMINISTRATION

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Keri Lewis, Contract Specialist Department of Veterans Affairs Network Contracting Office 4 Services 2 1601 Kirkwood Highway Wilmington DE 19805

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.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Landscaping and Potted Plants Maintenance at the Altoona VA Medical Center IAW the Performance Work Statement.

Contract Period: Base POP Begin: Date of Award.

POP End: 03-31-2026

Landscaping and Potted Plants Maintenance at the Altoona VA Medical Center IAW the Performance Work Statement.

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

Landscaping and Potted Plants Maintenance at the Altoona VA Medical Center IAW the Performance Work Statement.

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

Landscaping and Potted Plants Maintenance at the Altoona VA Medical Center IAW the Performance Work Statement.

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

Landscaping and Potted Plants Maintenance at the Altoona VA Medical Center IAW the Performance Work Statement.

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

B.3 DELIVERY SCHEDULE

2907 PLEASANT VALLEY BLVD

ALTOONA, PA 16602

USA

2907 PLEASANT VALLEY BLVD

ALTOONA, PA 16602

USA

2907 PLEASANT VALLEY BLVD

ALTOONA, PA 16602

USA

2907 PLEASANT VALLEY BLVD

ALTOONA, PA 16602

USA

2907 PLEASANT VALLEY BLVD

ALTOONA, PA 16602

USA

B.4 PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

GROUNDS/FLOWER MAINTENANCE SERVICE CONTRACT

1.0 Introduction: The James E. Van Zandt VA Medical Center (hereafter referred to as “JEVZ VAMC” or “the Government”) has a requirement for flower/landscaping services. The Government intends to award a single, firm fixed price contract for the landscaping services described in this work statement. The Contractor shall provide all landscaping services to include the grounds and government owned potted plant / containers on the grounds. The period of performance under this contract for the Base Year is from April 1, 2025, through November 30, 2025, with four additional one-year option periods, to be exercised at the Government’s discretion.

2.0 DESCRIPTION OF SERVICES: The Contractor shall provide all labor, materials (soil, mulch, flowers), protective clothing, supervision, equipment, inspections, and reports necessary to perform landscape management service at the James E. Van Zandt VA Medical Center, 2907 Pleasant Valley Blvd, Altoona, PA 16602 in accordance with all terms and conditions within this performance work statement (PWS).

3.0 REQUIRED SERVICES: (to occur during the months of APRIL, MAY, JUNE, JULY, AUGUST, SEPTEMBER, OCTOBER, and NOVEMBER)

3.1 The services in the month APRIL will consist of a thorough spring cleanup of accumulated winter debris and leaves from turf and bed areas.

3.2 Replenishing of soil and mulch to be uniform/even of the border and planting of flowers shall occur in MAY and contractor shall provide all weeding to provide a weed free appearance and watering services multiple times a week (estimated 3-4 times weekly) to maintain healthy growth and per industry standards.

3.3 In the summer months, the Contractor shall continue to provide all weeding and watering services to maintain healthy growth and per industry standards. Plants shall be “deadheaded”, fertilized, and separated to enhance beauty and ensure healthy growth. Arborvitaes to be trimmed and treated for bag worms when necessary.

3.4 In the fall, (by the end of September), Contractor shall switch out the annual flowers and replace with/plant fall flowers/mums. Contractor shall maintain the plants throughout the fall season to include necessary weeding and watering. Flower bulbs for spring bloom shall be planted in October. Fruit trees (approx. 12 apple and plum trees) to be pruned as necessary to promote healthy growth in the late fall.

3.5 Plant types may be substituted with the approval of the Service POC.

4.0 AREAS INCLUDED.

4.1 Area 1: The Victory Garden is located between Fairview Drive and the second-floor entrance to building #1. The area included is surrounded by a split rail fence. Everything inside the fence is to be included, except for the raised beds.

4.2 Area 2: There are approximately 12 large planters/concrete barrels, located at the different entrances / areas of the medical center campus (1 by Bldg. 2, 1 at the Yellow Team entrance and 10 near the front entrance). They shall be planted full, to cover all the dirt.

4.3 Area 3: The flower beds approximately 25’X 31’ triangle at main entrance by the ER and 10’ X 31’ island in the front parking lot.

4.4 Area 4: Planter box at main entrance.

4.5 Area 5: 3 wooden planters (approx. 2’ x 2’) at Main Entrance

4.6 Area 6: 7 flowerpots (15”x16”) on 3rd floor of Parking Garage

4.7 Area 7: 8 wooden planters (approx. 4’ x 3’) at Yellow Team entrance

4.8 Area 8: Juniper banks at Yellow Team entrance, along the employee parking lot sidewalk and a large Juniper bank behind Building 32 get weeded and mulched.

4.9 Area 9: Apply Holly Tone to 32 Box Holly’s (21 @ Bldg. 7, 5 @ Bldg. 20, 1 @ Bldg. 17 and 5 @ Bldg. 2)

4.10 Area 10: Arborvitae Bushes: Bushes (approx. 100) at the Victory Garden and The Wall that Heals are to be trimmed as needed and treated for bag worms in the mid-summer.

5.0 PLANTING PLAN AND PRICING: The contractor shall submit a planting plan that provides the maximum number of blooms thru out the growing season. The large mulch beds in the patient garden will be maintained with existing perennials. The flower beds shall be planted full, to cover all the soil, with a variety of bulbs, perennials, and annuals.

6.0 SERVICE CONDITIONS

6.1 Areas included will be kept mulched (with bark mulch in the large areas and mushroom mulch in the flower beds), free of weeds, planted, and maintained as described.

6.2 The Contractor shall provide all weeding services.

6.3 The contractor shall provide all watering services.

6.4 Shrubs and flowers shall be provided by the Contractor. Trimming of shrubs and bushes in the Victory Garden shall be performed by the Contractor.

6.5 All plant material, including mulch will be inspected to be free from insects and disease prior to delivery or installation.

6.6 Contractor shall perform the specific services in a professional manner, in accordance with high quality and standard horticultural practices. Contractor shall have licenses necessary for chemical handling.

6.7 Contractor shall make every effort to monitor insects and disease throughout the growing season. The use of 24D is prohibited. Written notification will be left with the Point of Contact or designee (Service POC) at the job site after each chemical application.

6.8 All work, materials, plants, and plans / drawings will be coordinated with the Green Environmental Management Service (GEMS) and approved prior to installation / placement on the grounds. Copies of labels and their MSDS sheet(s) for any chemicals utilized on the grounds / plants will be given to the GEMS staff member prior to application. Plantings of bulbs/plantings for seasonal blooms shall be coordinated with Service POC.

6.9 Work will generally consist of furnishing and installing all planting materials, tools, equipment, and labor required for normal industry level landscaping establishment, care, and maintenance to include tree, shrub, and plant pruning; flower / plant bed preparation; planting of seasonal flowers; removal of clippings, leaves, and small debris; evaluation of the soil and soil conditioning; lawn pest and weed control; and mulching.

6.10 All flower beds and landscape areas shall be manually weeded, and weeds disposed of by the contractor. Dead or damaged plantings should be pruned or removed and properly disposed of off VAMC premises. Contractor may not use VA disposal containers. Plants shall be “deadheaded”, fertilized, and separated to ensure healthy growth. All mulching materials (shredded bark mulch for large area weed control and mushroom mulch around flowers) will be purchased and installed by the contractor.

6.11 Watering of materials planted by the contractor is included in this contract. Watering of turf areas, bushes, and trees, are not included in this contract and will be the sole responsibility of the VA. However, the contractor may give recommendations for watering, to promote a healthy landscape.

6.12 Because of their unforeseen and unpredictable nature, the contractor is not liable for damage caused by vandalism (unless committed by contractor’s personnel), storm, insects, disease, or other causes beyond contractor’s control. Contractor can and will be held responsible for any property damage caused by the work or negligent acts performed by the contractor under the resulting contract. The service POC should be immediately notified of any such damage caused by the contractor or any of its employees. The contractor will be responsible for the repair and/or replacement of damaged areas or structures to the satisfaction of the Service POC.

6.13 Every aspect of this maintenance program is planned and shall be carefully performed in order to achieve the maximum visual impact. Contractor shall perform periodic on-site inspections throughout the season to monitor services being provided and make recommendations for flowers and flower arrangements. The contractor may not use photographs and/or videos of work done at the site for promotional purposes.

6.14 QUALITY CONTROL: The contractor shall develop, submit for contracting officer approval, and maintain a quality program to ensure grounds maintenance services are performed in accordance with established standards of Professional Grounds Management Society (PGMS), National Arborist Association, American Society of Landscape Architects, and the local county extension office. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum the contractor shall develop quality control procedures addressing the areas identified in paragraph 2, Service Delivery Summary.

No more than 3 valid defects defects per month.

7.0 STANDARD CONDITION AND PROVISIONS

7.1 Contractor shall make every effort to perform the services without inconveniencing the VA. In the event of holiday, rain or other factors, the contractor may need to reschedule for another day. The VAMC, Altoona normal work hours are Monday through Friday 8:00 a. m. to 4:30 p. m, excluding Federal holidays. Neither party shall be liable for damages or delays in completion of the service work due to causes beyond their control or acts of God.

8.0 COMPLIANCE WITH SAFETY REGULATION

8.1 In addition to the Conformance Standards and in performance of this contract, the contractor shall follow the VAMC, and OSHA safety policy and standard safe work practices, and take such safety precautions as the Service POC or his/her designee may determine to be reasonably necessary to protect the lives and health of occupants of the building.

8.2 Contractor shall provide to the Service POC, prior to contract start date, Material Safety Data Sheets (MSDS) for all potentially hazardous materials (lubricants, cleaners, working fluids, etc.) to be used at the facility in performance of the contract, and will not use, at the facility, such materials, which have not been cleared in advance with the VA. MSDS for new chemicals shall be furnished concurrently with arrival of the chemicals on-site. Additionally, a copy of all required MSDS will be maintained at all chemical storage sites in a location accessible to VA personnel.

9.0 REPORTING REQUIREMENTS.

9.1 Upon arrival at the VAMC, the contractor and/or assigned employee(s) will check in with the Service POC in Room 108, Building 2, or as otherwise directed by the Service POC. Upon completion of a service, a report with description of work performed will be given to the Service POC, or designee.

10.0 PAYMENT.

10.1 Invoices will be paid in arrears monthly upon completion of the services. Each invoice must include VA purchase order number, contractor’s tax ID number, invoice number, and the month of the service being invoiced.

11.0 RECORDS MANAGEMENT REQUIREMENTS:

11.1 Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

11.2 In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

11.3 In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

11.4 James E. Van Zandt and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of James E. Van Zandt or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to James E. Van Zandt. The agency must report promptly to NARA in accordance with 36 CFR 1230.

11.5 The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to James E. Van Zandt control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with section.

11.6 The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and James E. Van Zandt guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

11.7 The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with James E. Van Zandt policy.

11.8 The Contractor shall not create or maintain any records containing any non-public James E. Van Zandt information that are not specifically tied to or authorized by the contract.

11.9 The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

11.10 The James E. Van Zandt owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which James E. Van Zandt shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11.11 Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

12.0 SECURITY REQIUREMENTS:

12.1 The POC is responsible for ensuring that all Contractors comply with physical security policies. A compliant ID badge must be worn by Contractors always while on VA premises.

12.2 The Vendor is required to comply with physical security guidelines by either checking in with the VA Police when they come on-site to perform contracted services, or by obtaining a VA Contractor ID badge from the VA Police.

12.3 Contractor may not have access to the VA network or any VA sensitive information under this contract. Contractor must always be escorted by an authorized employee while performing work in sensitive OIT areas. All Contractors must receive Privacy training annually using one of the following methods: Complete “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information” training by using VA’s TMS system (https://www.tms.va.gov/).

12.4 Contractors may use the TMS Managed Self Enrollment method to complete the training in TMS. The POC must ensure that all contractors are validated in the PHI domain.

12.5 Complete the hard copy version of “VA Privacy Training for Personnel without Access to VA Computers.

13.0 Period of Performance: April 1, 2025 – November 30, 2025 (Base year) with 4 option years

Examples of Altoona VAMC’s intent for this procurement/services can be found in Attachment A.

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 52.217-9 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 or prior to 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed one (1) year.

(End of Clause)

C.3 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

(End of Clause) C.4 VAAR 852.222-71 , Compliance with Executive Order 13899. (DEVIATION) (APR 2025) Compliance with Executive Order 13899. (DEVIATION) (APR 2025)

a. The contractor shall comply with Executive Order 13899, Combating Anti-Semitism, pursuant to Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

b. The contractor shall timely disclose, in writing, to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation under Executive Order 13899, Combatting Anti-Semitism pursuant to the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

c. The contractor shall include the terms and conditions of this clause in every subcontract or purchase order so that these terms will be binding on every subcontractor or vendor.

(End of clause)

C.5 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 business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% 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.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA…