36C24623Q1241_2.docx

36C24623Q1241

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24623Q1241 08-24-2023 harold mcquillia 757-315-3430 09-05-2023 12:00pm

EDT

Harold McQuillia Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 X X 561730 $9.5 Million

NET 30

N/A X Department of Veterans Affairs Charles George VAMC 1100 Tunnel Road Asheville

NC

28805 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin

TX

78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page

GROUNDS MAINTENANCE/SNOW REMOVAL SERVICES

Period of Performance: 10/1/2023 - 9/30/2024 with four (4) option years.

See Section B2 for the Schedule of Services.

See Section B3 for the Performance Work Statement.

See Section E1 for the Instructions to Offerors.

See CONTINUATION Page X X X Harold McQuillia Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 Harold McQuillia Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Fall Service: (2 Month, 4 Visits) Provide Fall Fertilizer Application to all Landscape Shrubs and Trees, General Property Clean up, Leaf Removal, Gutter Cleaning.

Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

Winter Service: (1 Month, 2 Visits) Prune all Foundation and Landscape Plants and Perennials as needed, General Property Clean up. Provide Snow Removal and Ice Melt on Ice days (as needed). Services include snowplow, for removal of snow and ice off all roads and parking lots and shoveling of sidewalks and entrances. Dispensing of Ice melt for all roads, parking lots sidewalks and entrances.

POP Begin: 10-01-2023 POP End: 09-30-2024

Early Spring Service: (2 Months with 4 visits) Contractor shall provide Pre-emergent Herbicide Application to all Landscape Beds and turf areas at a minimum of 4 visits. Provide granular slow-release Fertilizer Application to all Landscape Shrubs and Trees. Fertilizer Application to all Turf areas. Core Aerate and Over seed all Turf Areas. Mow all Turf Areas General Property Cleanup.

POP Begin: 10-01-2023 POP End: 09-30-2024

Late Spring Service: (2 Months 4 Visits) Provide Liquid Fertilizer Application to all Perennial Beds, Liquid Iron, and Merit Application to all Landscape Hemlocks (Less than 10’) and Hollies, General Property Cleanup, mow all Turf Areas, Post Emergent Application to all Turf Areas Bed Maintenance.

POP Begin: 10-01-2023 POP End: 09-30-2024

Summer Service: (3 Months 6 visits) Provide Pre-emergent Herbicide Application all Landscape beds, deadhead all Shrub and Perennials as needed, mow all Turf Areas, Post Emergent Applications to all Turf Areas, General Property Cleanup.

POP Begin: 10-01-2023 POP End: 09-30-2024

Fall Service: (2 Month, 4 Visits) Provide Fall Fertilizer Application to all Landscape Shrubs and Trees, General Property Clean up, Leaf Removal, Gutter Cleaning.

Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

Winter Service: (1 Month, 2 Visits) Prune all Foundation and Landscape Plants and Perennials as needed, General Property Clean up. Provide Snow Removal and Ice Melt on Ice days (as needed). Services include snowplow, for removal of snow and ice off all roads and parking lots and shoveling of sidewalks and entrances. Dispensing of Ice melt for all roads, parking lots sidewalks and entrances.

POP Begin: 10-01-2024 POP End: 09-30-2025

Early Spring Service: (2 Months with 4 visits) Contractor shall provide Pre-emergent Herbicide Application to all Landscape Beds and turf areas at a minimum of 4 visits. Provide granular slow-release Fertilizer Application to all Landscape Shrubs and Trees. Fertilizer Application to all Turf areas. Core Aerate and Over seed all Turf Areas. Mow all Turf Areas General Property Cleanup.

POP Begin: 10-01-2024 POP End: 09-30-2025

Late Spring Service: (2 Months 4 Visits) Provide Liquid Fertilizer Application to all Perennial Beds, Liquid Iron, and Merit Application to all Landscape Hemlocks (Less than 10’) and Hollies, General Property Cleanup, mow all Turf Areas, Post Emergent Application to all Turf Areas Bed Maintenance.

POP Begin: 10-01-2024 POP End: 09-30-2025

Summer Service: (3 Months 6 visits) Provide Pre-emergent Herbicide Application all Landscape beds, deadhead all Shrub and Perennials as needed, mow all Turf Areas, Post Emergent Applications to all Turf Areas, General Property Cleanup.

POP Begin: 10-01-2024 POP End: 09-30-2025

Fall Service: (2 Month, 4 Visits) Provide Fall Fertilizer Application to all Landscape Shrubs and Trees, General Property Clean up, Leaf Removal, Gutter Cleaning.

Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

Winter Service: (1 Month, 2 Visits) Prune all Foundation and Landscape Plants and Perennials as needed, General Property Clean up. Provide Snow Removal and Ice Melt on Ice days (as needed). Services include snowplow, for removal of snow and ice off all roads and parking lots and shoveling of sidewalks and entrances. Dispensing of Ice melt for all roads, parking lots sidewalks and entrances.

POP Begin: 10-01-2025 POP End: 09-30-2026

Early Spring Service: (2 Months with 4 visits) Contractor shall provide Pre-emergent Herbicide Application to all Landscape Beds and turf areas at a minimum of 4 visits. Provide granular slow-release Fertilizer Application to all Landscape Shrubs and Trees. Fertilizer Application to all Turf areas. Core Aerate and Over seed all Turf Areas. Mow all Turf Areas General Property Cleanup.

POP Begin: 10-01-2025 POP End: 09-30-2026

Late Spring Service: (2 Months 4 Visits) Provide Liquid Fertilizer Application to all Perennial Beds, Liquid Iron, and Merit Application to all Landscape Hemlocks (Less than 10’) and Hollies, General Property Cleanup, mow all Turf Areas, Post Emergent Application to all Turf Areas Bed Maintenance.

POP Begin: 10-01-2025 POP End: 09-30-2026

Summer Service: (3 Months 6 visits) Provide Pre-emergent Herbicide Application all Landscape beds, deadhead all Shrub and Perennials as needed, mow all Turf Areas, Post Emergent Applications to all Turf Areas, General Property Cleanup.

POP Begin: 10-01-2025 POP End: 09-30-2026

Fall Service: (2 Month, 4 Visits) Provide Fall Fertilizer Application to all Landscape Shrubs and Trees, General Property Clean up, Leaf Removal, Gutter Cleaning.

Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

Winter Service: (1 Month, 2 Visits) Prune all Foundation and Landscape Plants and Perennials as needed, General Property Clean up. Provide Snow Removal and Ice Melt on Ice days (as needed). Services include snowplow, for removal of snow and ice off all roads and parking lots and shoveling of sidewalks and entrances. Dispensing of Ice melt for all roads, parking lots sidewalks and entrances.

POP Begin: 10-01-2026 POP End: 09-30-2027

Early Spring Service: (2 Months with 4 visits) Contractor shall provide Pre-emergent Herbicide Application to all Landscape Beds and turf areas at a minimum of 4 visits. Provide granular slow-release Fertilizer Application to all Landscape Shrubs and Trees. Fertilizer Application to all Turf areas. Core Aerate and Over seed all Turf Areas. Mow all Turf Areas General Property Cleanup.

POP Begin: 10-01-2026 POP End: 09-30-2027

Late Spring Service: (2 Months 4 Visits) Provide Liquid Fertilizer Application to all Perennial Beds, Liquid Iron, and Merit Application to all Landscape Hemlocks (Less than 10’) and Hollies, General Property Cleanup, mow all Turf Areas, Post Emergent Application to all Turf Areas Bed Maintenance.

POP Begin: 10-01-2026 POP End: 09-30-2027

Summer Service: (3 Months 6 visits) Provide Pre-emergent Herbicide Application all Landscape beds, deadhead all Shrub and Perennials as needed, mow all Turf Areas, Post Emergent Applications to all Turf Areas, General Property Cleanup.

POP Begin: 10-01-2026 POP End: 09-30-2027

Fall Service: (2 Month, 4 Visits) Provide Fall Fertilizer Application to all Landscape Shrubs and Trees, General Property Clean up, Leaf Removal, Gutter Cleaning.

Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

Winter Service: (1 Month, 2 Visits) Prune all Foundation and Landscape Plants and Perennials as needed, General Property Clean up. Provide Snow Removal and Ice Melt on Ice days (as needed). Services include snowplow, for removal of snow and ice off all roads and parking lots and shoveling of sidewalks and entrances. Dispensing of Ice melt for all roads, parking lots sidewalks and entrances.

POP Begin: 10-01-2027 POP End: 09-30-2028

Early Spring Service: (2 Months with 4 visits) Contractor shall provide Pre-emergent Herbicide Application to all Landscape Beds and turf areas at a minimum of 4 visits. Provide granular slow-release Fertilizer Application to all Landscape Shrubs and Trees. Fertilizer Application to all Turf areas. Core Aerate and Over seed all Turf Areas. Mow all Turf Areas General Property Cleanup.

POP Begin: 10-01-2027 POP End: 09-30-2028

Late Spring Service: (2 Months 4 Visits) Provide Liquid Fertilizer Application to all Perennial Beds, Liquid Iron, and Merit Application to all Landscape Hemlocks (Less than 10’) and Hollies, General Property Cleanup, mow all Turf Areas, Post Emergent Application to all Turf Areas Bed Maintenance.

POP Begin: 10-01-2027 POP End: 09-30-2028

Summer Service: (3 Months 6 visits) Provide Pre-emergent Herbicide Application all Landscape beds, deadhead all Shrub and Perennials as needed, mow all Turf Areas, Post Emergent Applications to all Turf Areas, General Property Cleanup.

POP Begin: 10-01-2027 POP End: 09-30-2028

B.3 Performance Work Statement (PWS)

(1) General: The Contractor will provide all transportation, material hardware and parts, tools, specialized equipment, labor, supervision, and technical expertise to provide Ground Maintenance and Snow Removal Service at the Franklin Community Based Out-Patient Clinic. This contract does not include the procurement of associated equipment for service.

(2) Coordination: Environmental Management Services will serve as the focal point and Contraction Office Representative (COR) for this contract.

(2.1) The Contractor must pre –coordinate work and if needed, associated outages with the COR. This work will be accomplished during regular work hours. The contractor will respond to Building 47, Room EB01 on the prescheduled date/time, and the COR. Contact must be made with the COR prior to accomplishing the starting any work.

(2.2) The COR will be immediately notified whenever the whenever maintenance activities interfere with normal Franklin Clinic operations.

· Herbicides and Fertilizers. All Herbicides and Fertilizers and Snow Removal chemicals used by the Contractor shall be registered with the EPA and the applicable state lead agency for the intended use. For each chemical, proposed herbicide, the Planned Pesticide Use Sheet, including labels and Material Safety Data Sheets, shall be submitted through the COR to the VA Industrial Hygienist for approval at least 15 calendar days prior to performance start date or 5 days prior to initial applications. USE OF 2-4D IS PROHIBITED. Any changes to herbicide and fertilizer usage shall be submitted for approval at least five working days prior to application. The VA Industrial Hygienist retains the right to add any pesticide to the prohibited list at any time. Contractor shall adhere to manufacturers’ recommended dosage.

· Specific Requirements: The Contractors work shall include, but not be limited to:

· Early Spring Service: Contractor shall provide (2 Months with 4 visits) Pre-emergent Herbicide Application to all Landscape Beds and turf areas at a minimum of 4 visits. Provide granular slow-release Fertilizer Application to all Landscape Shrubs and Trees. Fertilizer Application to all Turf areas. Core Aerate and Over seed all Turf Areas. Mow all Turf Areas General Property Cleanup.

· Late Spring Service: Provide (2 Months 4 Visits) Liquid Fertilizer Application to all Perennial Beds, Liquid Iron, and Merit Application to all Landscape Hemlocks (Less than 10’) and Hollies, General Property Cleanup, mow all Turf Areas, Post Emergent Application to all Turf Areas Bed Maintenance.

· Summer Service: Provide (3 Months 6 visits) Pre-emergent Herbicide Application all Landscape beds, deadhead all Shrub and Perennials as needed, mow all Turf Areas, Post Emergent Applications to all Turf Areas, General Property Cleanup.

· Pine Straw Application as needed and Mulch Application.

· Fall Service: Provide (2 Month 4 Visit) Fall Fertilizer Application to all Landscape Shrubs and Trees, General Property Clean up, Leaf Removal, Gutter Cleaning.

· Winter Service: Provide (1 Month 2 Visits: Prune all Foundation and Landscape Plants and Perennials as needed, General Property Clean up.

· Snow Removal.

· The contractor shall furnish the Cor with a list of telephone numbers where the contractor or his authorized representative may be contacted seven (7) days a week, 24 hours a day, for the required service. Contractor shall be on-site with two-hours after notification.

· Provide Snow Removal and Ice Melt on Ice days (as needed). Services include snowplow, for removal of snow and ice off all roads and parking lots and shoveling of sidewalks and entrances. Dispensing of Ice melt for all roads, parking lots sidewalks and entrances.

· Contractor personnel may at times be required to interrupt their work so as not to interfere with the normal functioning of the facility, including utilities services, fire protection systems, and passage of facility patients, personnel, equipment, and carts.

· Contractor is responsible for supplying, completing, and submitting all reports required to EMS as requested by Federal, State, and local ordinances, which pertain to any duties, contained in the contract.

· Contractor personnel are required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts. Contractor will perform services every Tuesday and Thursday.

· If the Contracting Officer during hours other than those previously stated in the contract authorizes emergency service, the Government will be charged at the rates listed in this solicitation.

· Contractors are required to provide license to Government prior to start of work.

· Contractors are required to have Bodily Injury Liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

· Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.

· In the event of inclement weather, the entire work shall be rescheduled to a date and time satisfactory to the contractor and the Chief, Environmental Management Services. Postponement will not reflect any penalties assessed to the contractor, nor shall there be any additional cost to the Government.

· NOTE: Work is being completed in a hospital environment. The Contractor must take all precautions to ensure all tools and materials are under continuous observation and accountability. At no time will tools be left unattended or unsecured.

· When complete, notify the COR to inspect and accept all accomplished work.

· Provide the COR all documentation and warranty information concerning installed components/equipment and work accomplished.

· Ensure all invoicing documents are submitted in-accordance with the instructions provided in the formal contract.

(3) Other Station Rules and Guidelines. The Contractor will adhere to the following station rules.

(3.1) All work will be accomplished to industry standards and compliant with all current CODE requirements (Life Safety, NFPA, Electrical and Building). All Dept. of Veteran Affairs, Federal regulations and codes will be complied with.

(3.2) This is a hospital environment. The Contractor and his personnel are expected to be appropriately dressed (preferably uniformed) and to conduct themselves professionally.

(3.3) This is a federal facility as well as a medical center. As such, there is NO tobacco usage allowed inside any federal building or on the grounds except in designated areas. The COR will brief the Contractor as to designated smoking areas prior to commencement of the contract. Failure to follow these regulations can result in removal of the worker or Contractor from the facility and/or a US Magistrate’s ticket and fine.

(3.4) Parking will be in designated lots. Consult with the COR as to allowable parking and material drop-off.

(3.5) Any work requiring a shutdown or utility outage will be requested in advance and scheduled by the COR prior to the work being accomplished.

(3.6) The Contractor will coordinate his activities with the COR to identify any smoke or fire barriers that must be penetrated or disrupted because of this contract and will restore the fire barrier to its rating using fire stopping. The Contractor and his personnel will be trained and certified to use and apply fire stopping prior to its application and at the Contractor’s expense.

(3.7) The Contractor will be responsible for ensuring that all the employees and other personnel visiting the work site have and are using the appropriate Personal Protective Equipment (PPE) that addresses the hazards found at the site. The Contractor will be responsible for the upkeep, issue, and training for the PPE used and maintaining all required documentation.

(3.8) Since the incidents of September 11, 2001, the Federal Government has begun to implement new security measures to help protect federal facilities. The Contractor will provide to the COR a list of employees expected to work on this contract. This list will be on company letterhead and contain the employees’ name, driver’s license number, address, and nationality. This list will be verified and signed by a corporate officer. These personnel are subject to a background check and fingerprinting to be eligible to receive a security badge.

(3.9) Identification Badges will be picked up from Work Order Desk Room EB22 in Building 47.

(3.10) Compliance Awareness Training shall be completed by vendor prior to access to Charles George VAMC. Vendor has responsibility for “Duty to Report” any fraud, waste and abuse witnessed while on VA premises to the Compliance Officer.

36C24623Q1241

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B.4 SPECIAL CONTRACT REQUIREMENTS

1.0 WORK HOURS or HOURS OF OPERATION

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off duty hours as described below.

Normal working hours are Monday through Friday, 8:00am – 4:30pm, excluding federal holidays which are as follows:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Any other day specifically declared by the President of the United States to be a federal holiday.

When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

2.0 BACKGROUND INVESTIGATIONS

A full background check is not required for this position, however all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the requirement in the performance work statement is Special Agency Check (SAC). This requirement is applicable to all subcontractor personnel requiring the same access. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

3.0 BILLING AND PAYMENT: The contractor shall submit invoices electronically in accordance with VAAR Clause 852.232-72, Electronic Submission of Payment Requests, via VA’s Electronic Invoice Presentment and Payment System. (See Web site http://www.tungsten-network.com/us/en/veterans-affairs-us/ )

All contractors shall be registered as a vendor to submit invoices in accordance with the Department of Veterans affairs e-Invoicing System at time of award.

4.0 CONTRACT ADMINISTRATION: Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

The Point of Contact (POC) shall be responsible for the overall technical administration of this contract as outlined in the POC Delegation of Authority.

IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF.

POINTS OF CONTACT:

Contracting Officer’s (CO) Harold L. McQuillia, CO Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 Tel: 757-315-3430 Fax 757-728-3132 harold.mcquillia@va.gov

Contracting Officer Representative (COR)

TBD

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 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…