36C24719Q0735-000.docx

36C24719Q0735 FedBizOpps Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 R Albany Lab Courier (Initial) (VA-19-00051557) 31021 36C24719Q0735 07-16-2019 N 492110 Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021 Department of Veterans Affairs Sheryl Harris 1826 Veterans Blvd Dublin GA 31021 US Department of Veterans Affairs Albany VA Clinic, Building 700 Marine Corps Logistics Base 814 Radford Boulevard Albany, GA 31704

USA

www.va.gov www.va.gov sheryl.harris5@va.gov sherryl.harris5@va.gov This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is 36C24719Q0735 and is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The associated NAICS code is 492110, Couriers and Express Delivery Services. This is set-aside for Service Disabled Veteran Owned Small Business. The requirement is for use at the Albany VA Clinic, Building 7000 ( Marine Corps Logistics Base) 814 Radford Boulevard, Albany, Georgia 31704

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24719Q0735 07-10-2019 Sheryl Harris 478-272-1210 07-16-2019

2:00 PM

Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021 X X 492110 1500 Employees X N/A X See Delivery Schedule

Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page

PLEASE REFERENCE B.2 PRICE AND COST DELIVERY SCHEDULE AND

STATEMENT OF WORK

See CONTINUATION Page X X

SHERYL HARRIS

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 36C247 Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE ITEM INFORMATION

COURIER SERVICES FROM THE ALBANY VA CLINIC LOCATED AT THE MARINE CORPS LOGISTICS BASE IN ALBANY GEORGIA MEDICAL CENTER TO THE CARL VINSON VAMC FOR A PERIOD OF 1 BASE YEAR AND 4 OPTION YEARS TO BEGIN SEPTEMBER 1, 2019-AUGUST 31, 2020 @ $95,901.86.

Contract Period: Base POP Begin: 09-01-2019 POP End: 08-31-2020

Option year 1: September 1, 2020 - August 31, 2021 Option year 2: September 1, 2021 - August 31, 2022 Option year 3: September 1, 2022 - August 31, 2023 Option year 4: September 1, 2023 - August 31, 2024 Contract Period: Base POP Begin: 09-01-2019 POP End: 08-31-2020

COURIER SERVICES FROM THE ALBANY VA CLINIC LOCATED AT THE MARINE CORPS LOGISTICS BASE IN ALBANY GEORGIA MEDICAL CENTER TO THE CARL VINSON VAMC FOR A PERIOD OF 1 BASE YEAR AND 4 OPTION YEARS TO BEGIN SEPTEMBER 1, 2019-AUGUST 31, 2020 @ $95,901.86.

Contract Period: Option 1 POP Begin: 09-01-2020 POP End: 08-31-2021

Option year 1: September 1, 2020 - August 31, 2021 Option year 2: September 1, 2021 - August 31, 2022 Option year 3: September 1, 2022 - August 31, 2023 Option year 4: September 1, 2023 - August 31, 2024 Contract Period: Option 1 POP Begin: 09-01-2020 POP End: 08-31-2021

COURIER SERVICES FROM THE ALBANY VA CLINIC LOCATED AT THE MARINE CORPS LOGISTICS BASE IN ALBANY GEORGIA MEDICAL CENTER TO THE CARL VINSON VAMC FOR A PERIOD OF 1 BASE YEAR AND 4 OPTION YEARS TO BEGIN SEPTEMBER 1, 2019-AUGUST 31, 2020 @ $95,901.86.

Contract Period: Option 2 POP Begin: 09-01-2021 POP End: 08-31-2022

Option year 1: September 1, 2020 - August 31, 2021 Option year 2: September 1, 2021 - August 31, 2022 Option year 3: September 1, 2022 - August 31, 2023 Option year 4: September 1, 2023 - August 31, 2024 Contract Period: Option 2 POP Begin: 09-01-2021 POP End: 08-31-2022

COURIER SERVICES FROM THE ALBANY VA CLINIC LOCATED AT THE MARINE CORPS LOGISTICS BASE IN ALBANY GEORGIA MEDICAL CENTER TO THE CARL VINSON VAMC FOR A PERIOD OF 1 BASE YEAR AND 4 OPTION YEARS TO BEGIN SEPTEMBER 1, 2019-AUGUST 31, 2020 @ $95,901.86.

Contract Period: Option 3 POP Begin: 09-01-2022 POP End: 08-31-2023

Option year 1: September 1, 2020 - August 31, 2021 Option year 2: September 1, 2021 - August 31, 2022 Option year 3: September 1, 2022 - August 31, 2023 Option year 4: September 1, 2023 - August 31, 2024 Contract Period: Option 3 POP Begin: 09-01-2022 POP End: 08-31-2023

COURIER SERVICES FROM THE ALBANY VA CLINIC LOCATED AT THE MARINE CORPS LOGISTICS BASE IN ALBANY GEORGIA MEDICAL CENTER TO THE CARL VINSON VAMC FOR A PERIOD OF 1 BASE YEAR AND 4 OPTION YEARS TO BEGIN SEPTEMBER 1, 2019-AUGUST 31, 2020 @ $95,901.86.

Contract Period: Option 4 POP Begin: 09-01-2023 POP End: 08-31-2024

Option year 1: September 1, 2020 - August 31, 2021 Option year 2: September 1, 2021 - August 31, 2022 Option year 3: September 1, 2022 - August 31, 2023 Option year 4: September 1, 2023 - August 31, 2024 Contract Period: Option 4 POP Begin: 09-01-2023 POP End: 08-31-2024

B.3 DELIVERY SCHEDULE: NA

Statement of Work (SOW) Courier Service – Albany VA Clinic Carl Vinson VA Medical Center Dublin, Georgia

1. Background

The Dublin VAMC in Dublin, Georgia is operating a Veteran’s Affairs (VA) Clinic at the Marine Corps Logistics Base located in Albany, Georgia to better serve the Veterans in and around those areas. With the Albany VA Clinic approximately 114 miles away from the main facility in Dublin, a courier service contract will be necessary to transport supplies to and from the Dublin main facility and clinic. The courier service will need to be daily, Monday through Friday, excluding all Federal Holidays.

2. Objectives

The Contractor will furnish all personnel, equipment, vehicles, and supplies necessary to provide courier services for the Albany CBOC for the term of the contract as per section four (4) Statement of Required Goods/Deliverables in this document.

3. Scope

The Dublin VAMC is seeking a contract courier service to transport supplies, lab specimens, and documentation daily, Monday through Friday, excluding all Federal Holidays between Dublin VAMC in Dublin, GA, and the Albany VA Clinic located at the Marine Corps Logistics Base, in Albany, GA. This contract will be a firm-fixed price contract and payment will be on a cost-per-delivery run basis for a period of one (1) year firm and four (4) option years for Albany VA Clinic.

4. Statement of Required Goods/Deliverables

The Contractor will furnish all personnel, equipment, vehicles and supplies necessary to provide courier services for the Albany VA Clinic as outlined herein.

Albany VA Clinic: The contractor shall provide a daily pick-up of supplies from the Carl Vinson VA Medical Center in Dublin, Georgia (Monday through Friday, excluding Holidays) from the following departments with the facility: Lab, Pharmacy, Prosthetics, and SPD. The pick-ups will need to be coordinated so that the courier is leaving Dublin no later than 12 Noon each day to make the delivery to Albany VA Clinic by 3:00 p.m.

The contract shall provide a daily pick-up of laboratory specimens, to include blood, urine, and tissue used instruments that need to be reprocessed by SPD, and any pharmacy medications or prescriptions that need to be delivered back to the main facility in Dublin from the Albany VA Clinic no later than 3 p.m. each day. The laboratory specimens will be delivered to the main laboratory at the Dublin VAMC on the same day that they are picked-up from the Albany VA Clinic. The used instruments for SPD and items for the Pharmacy can be delivered to their respective departments the following business day when the new items for delivery to the Albany VA Clinic are picked-up.

The contractor shall provide all supplies needed to meet this task including coolers and/or refrigeration needed to transport medications and laboratory specimens that require refrigeration during transport. These containers need to be lockable with detachable locks, such as combination locks, as to maintain the confidentiality of Patients’ Identifiable Information (PII). The contractor will also be responsible for developing and maintaining appropriate logs to document supplies that are received and delivered to each destination.

The couriers used to provide this service should be appropriately licensed, bonded, and insured. The government in no way assumes liability for lost, stolen, or damaged equipment that is being transported in accordance with the delivery of these services. The couriers should also be trained appropriately for safe handling of laboratory specimens that are potentially hazardous to the health of the handler, if correct precautions are not observed. This training is the responsibility of the contractor and should be maintained on an annual basis.

The Laboratory Department is a controlled access space and the Contractor will announce visit by way of the audio buzzer at the Laboratory Department entry. Some specimens will require room temperature transport and will only need to be protected from the heat the Contractor will ensure appropriate measures are taken to protect these types of specimens. The Contractor is responsible for ensuring that an accidental/emergency spill kit is always carried in the transporting vehicle. The drivers and vehicles used in the performance of this contract must be licensed, registered, and insured to meet all State and City requirements. The Contractor must ensure compliance with Federal and State requirements for transporting specimens over ground. The Nurse Manager at Albany VA Clinic reserves the right to adjust the pick-up hours as needed to meet the mission of the VA Clinic. The Contracting Officer Representative (COR) will notify the contractor within two (2) days of any changes to pick- up or delivery times.

Again, personnel assigned by the Contractor to perform services covered under this contract shall be trained and qualified in transporting biohazard/diagnostic specimens. The qualifications of such personnel shall also be subject to review by the Dublin VA Chief of Staff and approval by the facility Director. Each person assigned to work under this contract shall be well trained in federal, state, and local requirements in which the services are being provided. The contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this contract. VA reserves the right to refuse employment, under this contract, or require dismissal from contract work any contract work any contract employee who, by reason of previously unsatisfactory performance at the VA or unsatisfactory performance under the contract was dismissed.

The contractor shall be responsible for protecting the personnel furnishing services under the contract. To carry out this responsibility, the contractor shall provide workers compensation, professional liability insurance, health examination, income tax withholding and social security payments. The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose. The Contractor will make no substitution of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer (CO) and COR in writing within 15 calendar days of the occurrence of these events and provide the following required information:

Temporary substitutions where the key personnel shall not be reporting to work for three (3) consecutive work days or more, the contractor will provide a qualified replacement for the key person and notify the CO and COR. The substitution shall have comparable qualifications to the key personnel. The CO or COR shall notify the contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract shall be modified to correct any approved changes to key personnel.

5. Tasks:

The Contractor must maintain a record and log of daily courier pick-up and deliveries indicating time and date of pick-up / delivery, number of specimens and/or items, and signatures of VA employee at the pick-up and delivery sites. A copy of these logs will be furnished upon request to the VAMC COR for this contract.

6. Training:

In the performance of this contract the contractor shall take such safety and infection control precaution necessary to protect the lives and health of those personnel transporting lab specimens. Personnel must be trained in accordance with Occupation Safety and Health Act (OSHA) requirements on proper specimen handling procedures, temperature control, record keeping and infectious disease (biohazard/diagnostic) specimen handling in case of an accidental spill, Universal precautions training, blood-born pathogen training from OSHA or equivalent. Contractor will ensure that personnel are trained in patient privacy which includes the requirements of the Privacy Act5 U. S. C. section 552a, and 38 U. S. C. sections 5701,7705, and 7332., the Health Insurance portability and Accountability Act (HIPPA) and VA privacy policies and procedures. The Contractor will provide a training program that describes initial training and annual training and provide such proof to the Contracting Officer Representative (COR) and the Laboratory Department Manager.

7. Government-Furnished Property:

The Government will provide the appropriate OSHA approved laboratory containers and refrigerant packs required for the transport of lab specimens. The Contractor is responsible for returning all containers at the end period of the contract.

8. Security Requirements:

A. Position Sensitivity - The position sensitivity has been designated as low risk.

B. Background Investigation - The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries (NACI).

C. Contractor Responsibilities

(1) The contractor shall bear the expense of obtaining background investigations. If the Office of Personnel Management (OPM) conducts the investigation, the contractor shall reimburse VA within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractors 1st month’s invoice(s) for services rendered.

(2) It is imperative for the contractor to provide, at the request of VA, a listing of contractor personnel performing services under the contract for the background investigation process to commence. This list will include name (first, middle, last) social security number; date of birth; city, state, and country of birth.

(3) The contractor or their employees shall submit a complete background investigation packet. Additional guidance and information in completing the required forms, and examples of the forms, can be found at http://www1.va.gov/VABackground_Investigations/page.cfm?pg=2.

The following required forms must be submitted to the VA Office of Security and Law Enforcement before contract performance begins:

Fingerprinting is required with the background investigation. Fingerprinting can be done at the local VA Facility. The Electronic Fingerprint Verification Form must be submitted with the above required forms.

(4) The Contractor shall inform the contract employee that when filling out Standard Form 85, that there should be no gaps in employment history. Any gaps in employment history on Standard Form 85 may result in OPM rejecting the documentation for investigation and delay contract performance.

(5) The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract, and at the request of the VA, submit another employee for consideration.

(6) The contractor may utilize a private investigating agency if such agency possesses an OPM and Defense Security Service certification. A Cage Code number must be provided to the VA Office of Security and Law Enforcement. VA Office of Security and Law Enforcement will verify the information and advise the contracting officer whether contractor’s access to the computer systems can be authorized.

(7) All contractor employees and subcontractors are required to complete VA’s Privacy training annually. All Contractor employees and subcontractors requiring access to VA computer network are required to complete Cyber Security training courses annually either on-line or hard copy. Documented proof must be provided to the Contracting Officer.

(8) The contractor will notify the COTR immediately when their employee(s) no longer require access to VA computer systems.

D. Government Responsibilities:

(1) The contracting officer will request the contractor employee’s background investigation by the Office of Security and Law Enforcement.

(2) The Office of Security and Law Enforcement will notify the contractor with instructions for the contractor's employees, coordinate the background investigations, and notify the contracting officer and contractor of the results of the investigations.

(3) The VA facility will pay for requested investigations in advance. A bill for collection will be sent to the contractor to reimburse the VA facility. The contractor will reimburse the VA facility within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractors 1st month’s invoice(s) for services rendered.

SAC (Special Agreement Check)

All Contractor Employees who require access to the Department of Veterans Affairs computer systems or who have access to sensitive information shall be required to have, at a minimum, a Special Agreement Check (SAC) which includes electronic fingerprinting. A Contractor Employee shall not perform any contract work (except for any other required orientation and training that does not require access to a VA computer system) until fingerprinting is completed by the local Human Resource Management Service. Fingerprinting should take place on the first day that a Contractor Employee enters on duty. The Contracting Officer’s Technical Representative shall facilitate the SAC process for the Contractor and Contractor Employee.

If the SAC identifies “potentially actionable issues” in connection with a Contractor Employee and it is determined that the Contractor Employee needs to be removed, the Contracting Officer shall notify the Contractor and the Contractor shall immediately remove that Employee from contract work. The removal of the Employee shall not excuse any failure to meet contract requirements. SACs and fingerprinting of Contractor Employees will be required even when an Employee will not be working on site at a VA Facility. The Contracting Officer can identify other options for accomplishing these SACs.

9. Place of Performance or Delivery Address

Origination: Carl Vinson A Medical Center 1826 Veterans Boulevard, Dublin, Georgia 31021

Destination: US Department of Veteran Affairs Albany VA Clinic, Building 7000

Destination: Carl Vinson A Medical Center 1826 Veterans Boulevard, Dublin, Georgia 31021

10. Period of Performance or Required Delivery Date

This contract will be a firm fixed price contract with a base year and four (4) option years. Payment will be monthly. The performance period is detailed in the schedule.

Base period: September 1, 2019 – August 31, 2020 Option year 1: September 1, 2020 – August 31, 2021 Option year 2: September 1, 2021 – August 31, 2022 Option year 3: September 1, 2022 – August 31, 2023 Option year 4: September 1, 2023 – August 31, 2024

11. Inspection and Acceptance

The contractor shall be required to meet the standards set forth in the Quality Assurance Surveillance Plan (QASP). Failure to meet the Performance Standards set forth in the QASP will results in a negative rating for the contract evaluation period and will be considered in determining award of contract option years. Failure to meet the Performance Standard for delivery of service will result in financial penalties if additional expenses are incurred by the facility to provide the needed service at the last minute.

12. Invoices

Vendor Electronic Invoice Submission Methods

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten Network (Formerly OB10), to transition vendors from paper to electronic invoice submission. Please go to this website http://www.tungsten-network.com/us/en/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org).

Vendor e-Invoice Set-Up Information:

Please contact OB10 at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or OB10, please contact the FSC at the phone number or email address listed below:

OB10 e-Invoice Setup Information: 1-877-489-6135 OB10 e-Invoice email: VA.Registration@ob10.com FSC e-Invoice Contact Information: 1-877-353-9791 FSC e-invoice email: vafsccshd@va.gov 36C24719Q0735

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 52.217-8 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 60 MONTHS.

(End of Clause) C.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(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 verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “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).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

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

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

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

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests.