36C24720Q0495-003.docx

36C24720Q0495 Contract Opportunity 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 Contract Opportunity Combined Synopsis/Solicitation Notice S216 FY20 Air Handler Duct Cleaning Base Plus Option 30901 36C24720Q0495 05-14-2020 N

SDVOSBC

561790 Department of Veterans Affairs Atlanta VA Medical Center 1670 Clairmont Road Decatur GA 30033 Jamal Carter 404-431-0240 jamal.carter@va.gov Charlie Norwood VA Medical Center Downtown Division, 950 15th Street Augusta. Georgia 30901-2608

USA

http://va.gov Dept of Veteran Affairs jamal.carter@va.gov Contracting Officer

PROJECT: 2D AIR HANDLER DUCT CLEANING - BLDG 801

The Charlie Norwood VA Medical Center is seeking Service-Disabled Veteran Owned Small Businesses/Veteran Owned Small Businesses for the following requirement.

1.1. GENERAL INFORMATION. The intent of this solicitation is to obtain a Base plus 4 Option Years of Air Handler Duct cleaning and System Test and Balance for a Trane 16 1 High Pressure Double Duct (model K78C32462) at the Charlie Norwood VA Medical Center (CNVAMC). Downtown Division, 950 15th St Augusta. Georgia 30901-2608

1.2. Offeror socio-economic status of “Service-Disabled Veteran-Owned” or “Veteran-Owned Small business will be verified through the VA’s VetBiz.gov “Vendor Information Pages” (VIP) database. Companies will have to submit an application to substantiate their status as owned and controlled by veterans, service-disabled or eligible surviving spouses and this information must be listed in VetBiz.gov as certified by VA prior to award of any contract

1.3. Offerors should submit all technical questions regarding this solicitation to the Contracting Officer in writing via email to jamal.carter@va.gov within 5 calendar days after issuance of this Request for Proposal (RFP). Questions received after the 5th calendar days will not be considered. Verbal questions will not be addressed. All responses to questions, which may affect offers, will be incorporated into a written amendment to the solicitation.

1.4. Please title all emails Questions for RFQ- AIR HANDLER DUCT CLEANING DEPARTMENT NAME: Engineering Dept COR: James Jarriel 706-733-0188 x 3356 DEPARTMENT NAME: Pathology and Laboratory Medicine COR: Renita A. Scott TRANSACTION NUMBER: 508-15-1-2043-0013

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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.

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 ATTA

CHED

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. SIGNAT

URE 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

36C24720Q0495 05-01-2020 Jamal Carter 404-431-0240 05-14-2020 Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084 X X 561790 $8 Million N/A X See Delivery Address

Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page See CONTINUATION Page X Page 1 of Page 1 of 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 Jamal Carter Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

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:

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STATEMENT OF WORK

PROJECT: 2D AIR HANDLER DUCT CLEANING - BLDG 801

1.1. GENERAL INFORMATION. The intent of this solicitation is to obtain a Base plus 4 Option Years of Air Handler Duct cleaning and System Test and Balance for a Trane 16 1 High Pressure Double Duct (model K78C32462) at the Charlie Norwood VA Medical Center (CNVAMC). Downtown Division, 950 15th St Augusta. Georgia 30901-2608 l.2. SCOPE OF WORK:

Contractor shall provide all material. labor. supervision, and parts to clean and sanitize the air distribution system for the (3A) Operating Room area; to also include (1B) SPS sterile prep, decontamination. and clean storage. The cleaning shall include. fan and coils, with connected and associated ducts, grills, registers, all mixing boxes, and associated flexible duct. If flexible duct is damaged or not in good condition it shall be replaced by the contractor. Work includes the cleaning of the interior of the duct all associated distribution system and end points. Temporary plastic enclosures Will be put around the diffuser from floor to ceiling to minimize and contain as much dust and debris us possible while the work is performed. The plastic enclosure must be sealed at the floor and ceiling. In additions an approved mechanical system with filtration, which meets the infection control requirement, must be used. Work must be performed in accordance with the "National Air Duct Cleaners Association (NADCA) General Specifications for the Cleaning of Commercial Heating. Ventilating and Air Conditioning Systems System test and balance is also required when A/C distribution systems are cleaned. Air exchange rates and pressure relationships shall be verified before cleaning. Once the distribution system is cleaned the process involves taking and recording readings at all supply and returns distribution diffusers. If readings are not within range, adjustments will be made to system dampers and other components or the system to accomplish the required readings and pressure relationships. Only certified vendors can perform this service.

All work shall be accomplished by persons trained and experienced in HVAC/duct cleaning procedures, safe practices, and infection control requirements for a medical facility. For each technician. vendor shall provide documentation of training by a NADCA certified air cleaning specialist. The location for this work to be performed is Room 1B and 3A of the Air Handler Unit located in Bldg. 801.

Note: The schedule for cleaning, test and system balance will be scheduled to not impact Operating Room (OR) cases and will take place over the week-end and completed no later than Sunday afternoon.

B.l.3. PERFORMANCE:

Vendor shall comply with all requirements set forth by National Fire Protection Association (NFPA).

Occupational Safety and Health Administration (OSHA) and The Joint Commission, to include NEPA 101: Life Safety Code. Further, the vendor shall follow safety precautions including the use of personal protective equipment (e.g. proper attire. masks, gloves, and eye protection).

Vendor is to provide a plan for infection control. to be approved by the Charlie Norwood VA Medical Center Inflection Control clinician. This includes consultation with Infection Control to confirm that project related materials and activities do not affect infection control efforts intended to protect patients. Dust protection is required. including the use of tack pads at areas of egress. Further, vendor must obtain prior approval from safety office before blocking fire exits. The vendor is to clean up and leave the area of work ready for hospital business during the next day. There shall be no tools left unattended in the work area.

1.5. REPORTING:

The contractor's technicians are to report to the HVAC' shop supervisor (DD — James Jarriel 706-733-0188x 3356), to report/sign-in and obtain an identification badge. which shall always be worn while the technician(s) are on station.

After work is completed, the contractor's technicians are to submit pictures of duct before and after cleaning, and complete report of services or repairs performed for each item of equipment and must include a listing of replacement parts, when applicable in writing.

HVAC shop supervisor, or his designee, must sign the service report and approve the work performed before the technician(s) leave the facility.

1.6. HOURS OF WORK:

Unless otherwise specified. all contract work is to be performed over the weekend. between the hours of 7:00 a.m. to 7:00 p.m. Saturday and Sunday. At the end of each work day. space shall be left clean and free of tools and debris tor staff usage. Exceptions being legal government holidays as follows: New Year's Day-January 1st. Martin Luther King's Birthday- 3rd Monday in January. Presidents Day- 3rd Monday in February, Memorial Day- last Monday in May, Independence Day- July 4th Labor Day- 1st Monday in September, Columbus Day 2nd Monday in October, Veteran's Day. November 11th, Thanksgiving Day- last Thursday in November. and Christmas Day- December 25th

1.7. TYPE OF CONTRACT Firm fixed price contract.

1.8. PAYMENT: Invoices will be paid in arrears. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR) James Jarriel, and submitted electronically through OB-10.

A properly prepared invoice will contain:

· Invoice Number and Date

· Contractor’s Name and Address

· Accurate Purchase Order Number

· Supply or Service provided

· Total amount due

1.9. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE:

· The Contractor shall immediately, but not later than 24 consecutive hours after discovery notify the CO and COTR, in writing, of the existence or the development of any defects in, or repairs required to the scheduled equipment which the Contractor considers he/she is not responsible tor under the terms of the contract. The contractor shall furnish the CO and COT R with a written estimate of the cost to make necessary repairs,

1.11. IDENTIFICATION PARKING SMOKING AND VA REGULATIONS:

The Contractor's employees shall wear visible identification always while on the premises of the CNVAMC. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the CNVAMC Police Section. the CNVAMC will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking or vapors is not prohibited inside any buildings at the CNVAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits. shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

1.12. INSURANCE:

A. Worker compensation and employer's liability. Contractors are required to comply with applicable Federal and State Worker Compensation and Occupational Disease Statutes.

B. General Liability. Contractors are required to have Bodily Injury Liability insurance coverage written on the comprehensive form of policy of at least $500,000.00 per occurrence.

C. Property Damage Liability. Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.00 D. Medical Liability. Contractors are required to have Indemnification and Medical Liability insurance coverage of at least $1,000,000.00.

1.13 VA INFORMATION SYSTEM SECURITY/PRIVACY CLAUSE

PER REVIEW OF VA HANDBOOK 6500.6, CONTRACT SECURITY, APPENDIX A- INFORMATION SECURITY AND PRIVACY CHECKLIST:

· “The C&A requirements do not apply and a Security Accreditation Package is not required.”

· Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor

· There may exist exposure to VA sensitive information, to sensitive personal information (SPI) while implementing contractual services

Minimum Statutory Requirements Prohibition on unauthorized disclosure: Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). See VA Handbook 6500.6, Appendix C, paragraph 3.a.

Requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. The term ‘security incident’ means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a Requirement to pay liquidated damages in the event of a data breach: Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data considering the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs (see VA handbook 6500.6, appendix c, paragraph 7.a, 7.d).

BASIS OF AWARD

OFFEROR’S QUALIFICATIONS:

Award will be made to the lowest price technically acceptable offer. Technical acceptability will be based upon offerors’ submitting sufficient evidence of adequate equipment, personnel and necessary experience to establish responsibility and integrity to meet the requirements of this contract. Any offeror, who does not have adequate experience, personnel and/or equipment, in the opinion of the Contracting Officer, will be rejected. To assist in this determination, offeror is required to furnish the following information:

1. Number of years experience performing the type of services indicated in the SOW

1. Number of personnel regularly employed on a full-time basis C. Offerors who have not previously provided the same or similar type services at a VA Medical Center or healthcare facility are required to furnish for evaluation purposes, the names, addresses and telephone numbers of three (3) companies for whom exact services have been furnished.

Award shall be based on the lowest price technically acceptable basis. Award will be made on the basis of the lowest evaluated price of quotations meeting or exceeding the acceptability standards for all non-cost/price factors.

**ALL factors must be rated ACCEPTABLE to be considered for award.

1. Technical Factors: Contractor to submit copies of the documentation listed below in order to be determined responsive.

1. Offeror shall submit a Capabilities Statement

1. Offeror shall submit current Business License

1. Offeror shall submit proof of Liability Insurance

Each factor will be scored as Acceptable or Unacceptable as defined below. Each quotation will be evaluated against the SOW and the stated evaluation criteria using the same "Lowest Price Technically Acceptable” evaluation standards.

Acceptable ALL of the minimum acceptable criteria are clearly met by the proposal. The offeror's proposal meets the technical capability requirements defined in the SOW.

NOTE: Once the proposals have been determined to be "technically acceptable," award will based on cost/price only.

Unacceptable Not all of the minimum acceptable criteria are met by the proposal. An unacceptable proposal contains one or more deficiencies. Proposal fails to meet specified minimum technical capability requirements defined in the SOW.

The following table will be used for each proposal received to score each LPTA factor as to whether it is Acceptable or Unacceptable.

Technical Factors Offeror Technically Acceptable

Offeror shall submit a Capabilities Statement

Offeror shall submit current Business License

Offeror shall submit proof of Liability Insurance

1. Relevant Experience/Past Performance: The Relevant Experience/Past Performance evaluation will assess the relative risks associated with offeror’s likelihood of success in performing the requirement as indicated by that offeror’s record of Relevant Experience/Past Performance.

1. Offeror must provide at least three (3) customers of reference which shall demonstrate relevant past performance. These references shall contain name, address of facility, contact name, phone number, dates of service, and contract number, if applicable. The experience shall be of similar size and scope.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Requesting Base plus 4 Option Years for Period of Performance May 25, 2020 to May 24, 2021 Maintenance for unforeseen corrective actions. Vendor shall contact COR for approval to proceed with any unforeseen corrective actions. Cost shall not exceed $2500.00. Service scheduled for: MAY 2020 Contract Period: Base POP Begin: 05-25-2020 POP End: 05-24-2021

1B (SPS) and 3A (OR) Air Handler Duct Cleaning - Bldg 801 Service scheduled for: DECEMBER 2020 Contract Period: Base POP Begin: 05-25-2020 POP End: 05-24-2021

Option Yr 1 for Period of Performance May 25, 2021 to May 24, 2022 Maintenance for unforeseen corrective actions. Vendor shall contact COR for approval to proceed with any unforeseen corrective actions. Cost shall not exceed $2500.00. Service scheduled for: Date TBD Contract Period: Option 1 POP Begin: 05-25-2021 POP End: 05-24-2022

1B (SPS) and 3A (OR) Air Handler Duct Cleaning - Bldg 801 Service scheduled for: Date TBD Contract Period: Option 1 POP Begin: 05-25-2021 POP End: 05-24-2022

Option Yr 2 for Period of Performance May 25, 2022 to May 24, 2023 Maintenance for unforeseen corrective actions. Vendor shall contact COR for approval to proceed with any unforeseen corrective actions. Cost shall not exceed $2500.00. Service scheduled for: Date TBD Contract Period: Option 2 POP Begin: 05-25-2022 POP End: 05-25-2023

1B (SPS) and 3A (OR) Air Handler Duct Cleaning - Bldg 801 Service scheduled for: Date TBD Contract Period: Option 2 POP Begin: 05-25-2022 POP End: 05-24-2023

Option Yr 3 for Period of Performance May 25, 2023 to May 24, 2024 Maintenance for unforeseen corrective actions. Vendor shall contact COR for approval to proceed with any unforeseen corrective actions. Cost shall not exceed $2500.00. Service scheduled for: Date TBD Contract Period: Option 3 POP Begin: 05-25-2023 POP End: 05-24-2024

1B (SPS) and 3A (OR) Air Handler Duct Cleaning - Bldg 801 Service scheduled for: Date TBD Contract Period: Option 3 POP Begin: 05-25-2023 POP End: 05-24-2024

Option Yr 4 for Period of Performance May 25, 2024 to May 24, 2025 Maintenance for unforeseen corrective actions. Vendor shall contact COR for approval to proceed with any unforeseen corrective actions. Cost shall not exceed $2500.00. Service scheduled for: Date TBD Contract Period: Option 4 POP Begin: 05-25-2024 POP End: 05-24-2025

1B (SPS) and 3A (OR) Air Handler Duct Cleaning - Bldg 801 Service scheduled for: Date TBD Contract Period: Option 4 POP Begin: 05-25-2024 POP End: 05-24-2025

B.3 DELIVERY SCHEDULE

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

VA247-13-C-0189

VA247-13-C-0189

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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 five (5) years.

(End of Clause) C.4 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Veteran-owned small business or VOSB”:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more 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 Veterans;

(ii) The management and daily business operations of which are controlled by one or more Veterans;

(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 part 74 and is so listed in the Vendor Information Pages (VIP) database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran owned small business concern (SDVO SBC), is to be construed to also apply to a VA verified and VIP-listed VOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all VOSB set-asides and sole source contracts.

(2) “Veteran” is defined in 38 U.S.C. 101(2).

(b) General.

(1) Offers are solicited only from eligible veteran-owned small business concerns. Only VIP-listed veteran-owned small business concerns (VOSB) may submit offers in response to this solicitation. A VIP-listed service-disabled veteran owned small business concern will be considered a VIP-listed veteran-owned small business concern for this purpose and must also meet the criteria identified in paragraph (a)(1). Offers received from concerns that are not VIP-listed veteran owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible VOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed VOSBs are considered eligible. Therefore, any reference in 13 CFR 121 and 125 to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB/VOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, a VOSB agrees that in the performance of the contract, the VOSB 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 125, including the nonmanufacturer and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that for purposes of limitations on subcontracting, only VIP-listed VOSBs are considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(5) Subcontracting. Any work that a VIP-listed VOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered a VOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18, provided, that any reference therein to service-disabled veteran-owned small business concern (SDVO SBC), shall also apply equally to a veteran-owned small business (VOSB) and is to be construed for the VA as only a VIP-listed VOSB.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of…