S02 - 36C24720Q0789.docx

36C24720Q0789

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

509-20-3-5081-0068

06-24-2020

DARRELL HARPER

478-272-1210 X2179 07-15-2020

1:00 PM

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

Dublin GA 31021

X

561720 $19.5 Million

NET 30

N/A

See Delivery Schedule

Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page The Contractor shall provide all personnel, equipment and supplies necessary to perform janitorial services for the Charlie Norwood VA Medical Center, Augusta Ga., IAW SOW.

This is a base plus four option years contract.

BASE YEAR: 8/1/2020 - 7/31/2021

OPTION YEAR 1: 8/1/2021 - 7/31/2022

OPTION YEAR 2: 8/1/2022 - 7/31/2023

OPTION YEAR 3: 8/1/2023 - 7/31/2024

OPTION YEAR 4: 8/1/2024 - 7/31/2025

CONTRACTING POC, DARRELL HARPER, darrell.harper2@va.gov

Wage Determination No.:2015-4471 REV.14 APPLIES

$0.00

See CONTINUATION Page

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 JAMES E. BOLES JR.

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:

STATEMENT OF WORK

CLEANING SERVICES

A. GENERAL INFORMATION

1. Purpose: to clean approximately 247,000 square feet of building space, to include cleaning the exterior entrances, patios and walkways and waste removal at the Uptown Charlie Norwood VAMC 1 Freedom Way, Augusta, Georgia, 30904, Fisher House, and Downtown 950 15th Street, Augusta, Georgia, 30904.

2. Background: The Charlie Norwood VA Medical Center (CNVAMC) is a two division multi-bed facility, encompassing acute medical, surgical, psychiatric, and long-term care. The hospital is located in Augusta, Georgia and provides primary, secondary, and some tertiary care. Annually, the medical center serves thousands of patients. Satellite Community Based Outpatient Clinics (CBOC’s) are located in Athens, GA and Aiken, SC. Additionally, the VISN7 Procurement and Accounting functional areas, the Seamless Transition Center and the Veteran Center are serviced by CNVAMC.

3. Scope of Work: The Contractor shall provide all personnel, equipment and supplies necessary to include: all cleaning supplies, floor finish, wet mops, dust mops, vacuums, brooms, dust pans, trash can liners, paper towels, toilet tissue, supplies to replenish wall mounted dispensers, etc. Contractor shall provide public restroom cleaning and detailing at both divisions.

4. Performance Period: The performance period will be one base year with four 1-year options to renew.

5. Hours of Service: Work is to be accomplished after close of business, to assure no interference with patient care activities, 3:30pm-12am with exception of the Fisher House and restroom cleaning. Fisher House cleaning will be 8am-4:30pm. Restroom cleaning would be required 3X 7:00am-3:30pm and 3:30pm-12:00am.

Federal Holidays

6. The contractor shall furnish all management, labor, personnel, materials, tools, and equipment to provide housekeeping services to include cleaning the interior entrances, patios, stairwells, public restrooms, and waste removal for the Charlie Norwood VA Medical Center – Uptown and Downtown locations and the Fisher House. The contractor will accomplish all cleaning tasks according to the provided cleaning frequency tables. The contractor is required to provide all cleaning chemicals and paper products required to replenish all dispensers and plastic liners for all waste receptacles. All work performed by the contractor shall be performed in accordance with all applicable laws, regulations, instructions, and commercial practices. Total approximate square footage is 250,000 for the Charlie Norwood Uptown and Downtown locations and 16,800 square footage for the Fisher House.

Areas are as follows:

Downtown 2A Urology (13,613 Sq. Ft), 2B OT/ PT (13,613 Sq. Ft.), 4C Podiatry/ Dermatology (12,310 Sq. Ft.) 4D Specialty Care Clinic (12,226 Sq. Ft.), 5C Admin Offices (10,807 Sq. Ft), 6C-Respiratory Clinic (11,681 Sq. Ft), Downtown Elevators (750 Sq. Ft.) Uptown GC Primary Care Clinic, (16,641 Sq. Ft.), 1F Mental Health Clinic (20,516 Sq. Ft.) 2E Fiscal Offices (14,845 Sq. Ft.), 3E Primary Care Clinic (14,978 Sq. Ft), 3F Mental Health Out-Patient Clinic (14,105 Sq. Ft), 3G Out-Patient Clinic (13,398 Sq. Ft), Uptown Elevators (800 Sq. Ft.), Restrooms Downtown estimated (18,653 S. Ft), Uptown restrooms (19,893 Sq. Ft.). Stairwells Downtown (12,648 Sq. Ft), stairwells Uptown (9,426 Sq. Ft) In addition to assignments on the two campuses, housekeeping services are also requested for the Fisher House* (16, 800 Sq. Ft) on the Uptown Campus Overall total 247, 253 cleanable Sq. Ft. Estimated total labor hours is 41,600.

Contractor (or Representative) shall sign-in upon arrival at Building___, Room ____ at the Downtown Division, and Building ___ , Room ____, at the Uptown Division, at the beginning of each visit.

a. The Contractor shall take such safety and security precautions as necessary to protect the property, lives and occupants of the building.

b. The Contractor shall immediately correct any fire and safety deficiencies caused by his personnel. If the Contractor fails or refuses to correct deficiencies promptly, the Contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in default of the contract.

c. All materials and equipment used in performance of this contract shall be stored or secured in an approved storage area at the end of the workday. During the workday, all materials and equipment not being used shall be stored or secured in an approved storage area.

d. The Contractor will comply with applicable federal, state and local regulations during the performance of this contract including the Charlie Norwood VAMC Blood-borne Pathogen Exposure Control Plan. (See Attachment B).

e. The Contractor will consider the clinical environment and instruct his/her personnel in applicable safety precautions and special requirements. These requirements may include but are not limited to such conditions as the cleaning of human secretions, blood, etc., both floor and wall stain removal. Contractor will be notified of isolation areas that need terminal cleaning. These areas require the use of gloves, gowns, and masks provided by the Charlie Norwood VAMC.

f. All accumulated waste is to be removed, daily, from the premise and disposed in accordance with local, state and federal regulations.

g. An EPA registered phenolic germicide type cleaning solution shall be used by the contractor in the execution of this contract, provided by Charlie Norwood VAMC.

i. Most cleaning will be accomplished after close of business, to assure no interference with patient care activities 3:30pm-12am with exception of the Fisher House and public restroom assignments. Fisher House and restroom assignments will be 8am-4:30pm.

j. All work performed under this contract will be subject to inspection. The COR shall be the designated official responsible for verifying contractor compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer. On occasion a Medical Center inspection team will perform random inspections of the quality of work being performed.

k. All work performed under this contract shall conform to the JCAHO Standards for Infection Control and Management of Environment.

l. The Contractor shall provide janitorial services in accordance with the Janitorial Cleaning Schedule Checklist.

m. The VA will furnish an exterior dumpster(s) for waste collection.

n. The government POC for this contract is Russell Van Horn, Chief, Environmental Services, who may be reached at 706-733-0188, Ext, 3319. The COR will be Rafer Belton, EMS Supervisor Ext. 3322.

B. SPECIFICATIONS:

1. Building Security.

a. Keys. The contractor shall be provided keys or allowed access to all areas and rooms requiring cleaning. Keys provided to the contractor shall not be duplicated. In the event a key is lost or duplicated, all locks and keys on that system shall be replaced by the Government. The contractor shall be responsible for the total cost involved in replacing keys and cores. The contractor shall be responsible for immediately reporting the occurrence of a lost key to the Contracting Officer Technical Representative (COTR) or his/her designee.

b. Contractor employees shall not allow any unauthorized person the use of any key in their possession. They shall not open locked rooms or areas to permit entrance by persons other than contractor employees performing assigned duties. All rooms/areas required to be locked shall not be left unattended during the cleaning process and shall be relocked by contractor personnel after completing cleaning duties.

c. Contractor personnel shall turn off all lights in unoccupied areas after cleaning is performed. Ensure areas are secured, windows are closed and locked and the alarm is set. The Contracting Officer or designee shall be notified of any unlocked doors or windows during his/her duty hours.

d. Contractor is responsible for ensuring all contracted personnel have required background investigation completed and have PIV authentication process and badge issued prior to beginning work at any location. Contractor may be required to procure background checks at their own expense if they fail to comply with instructions provided by the government.

JANITORIAL CLEANING SCHEDULE CHECKLIST

Charlie Norwood VAMC Augusta, GA. 30904

1. RESTROOMS, TO INCLUDE PUBLIC RESTROOMS, ON DAY AND EVENING SHIFTS AT BOTH DIVISIONS.

CLEANING FUNCTION FREQUENCY

partitions

2. LOUNGES, WAITING ROOMS, LOBBIES, OFFICES, GUEST ROOMS CONFERENCE ROOMS

CLEANING FUNCTION FREQUENCY

3. CORRIDORS

CLEANING FUNCTION FREQUENCY

4. ENTRANCES, ELEVATORS, STAIRWELLS

CLEANING FUNCTION FREQUENCY

5. EXAM ROOMS, NURSING STATION, LAB, PHARMACY, STORAGE ROOMS

CLEANING FUNCTION FREQUENCY

Empty and clean trash receptacles and replace liners Daily

Using a damp cloth dust all horizontal surface Daily

6. OTHER:

CLEANING FUNCTION FREQUENCY

7. FEDERAL HOLIDAYS: Contractor employees may not work on the following list of Federal Holidays or designated a holiday by Executive order. Contractor employees may not work on days designated by the Medical Center Director of Charlie Norwood Veterans Affairs Medical Center (CNVAMC) to close the Aiken Community Based Outpatient Clinic (CBOC) to protect the safety of patients and staff for such things as disasters; mechanical errors endangering lives, etc.

B. 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, in particular 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 in light of 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)

INVOICES: Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR), 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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

PERIOD OF PERFORMANCE FOR BASE YEAR 08/01/2020 - 07/31/2021. VENDOR TO PROVIDE ALL PERSONNEL NECESSARY TO CLEAN APPROXIMATELY 247,000 SQUARE FEET OF BUILDING SPACE, TO INCLUDE CLEANING THE INTERIOR ENTRANCES, PATIOS,STAIRWELLS,PUBLIC RESTROOMS,AND WASTE REMOVAL AT THE CHARLIE NORWOOD VAMC 1 FREEDOM WAY AUGUSTA GA.30904,FISHER HOUSE, AND DOWNTOWN950 15TH STREET AUGUSTA, GA.30904 ***ALL CONTRACT REQUIREMENTS ARE STATED IN THE STATEMENT OF WORK.*** **THIS IS A BASE YEAR W/4 OPTION YEAR REQUEST DEPENDING ON THE AVAILABITY OF FY-20 FUNDING.** *COR RAFER AMOD BELTON*.

Contract Period: Base POP Begin: 08-01-2020 POP End: 07-31-2021

PERIOD OF PERFORMANCE FOR BASE YEAR 08/01/2021 - 07/31/2022. VENDOR TO PROVIDE ALL PERSONNEL NECESSARY TO CLEAN APPROXIMATELY 247,000 SQUARE FEET OF BUILDING SPACE, TO INCLUDE CLEANING THE INTERIOR ENTRANCES, PATIOS,STAIRWELLS,PUBLIC RESTROOMS,AND WASTE REMOVAL AT THE CHARLIE NORWOOD VAMC 1 FREEDOM WAY AUGUSTA GA.30904,FISHER HOUSE, AND DOWNTOWN950 15TH STREET AUGUSTA, GA.30904 ***ALL CONTRACT REQUIREMENTS ARE STATED IN THE STATEMENT OF WORK.*** **THIS IS A BASE YEAR W/4 OPTION YEAR REQUEST DEPENDING ON THE AVAILABITY OF FY-2021 FUNDING.** *COR RAFER AMOD BELTON*.

Contract Period: Option 2 POP Begin: 08-01-2021 POP End: 07-31-2022

PERIOD OF PERFORMANCE FOR BASE YEAR 08/01/2022 - 07/31/2023. VENDOR TO PROVIDE ALL PERSONNEL NECESSARY TO CLEAN APPROXIMATELY 247,000 SQUARE FEET OF BUILDING SPACE, TO INCLUDE CLEANING THE INTERIOR ENTRANCES, PATIOS,STAIRWELLS,PUBLIC RESTROOMS,AND WASTE REMOVAL AT THE CHARLIE NORWOOD VAMC 1 FREEDOM WAY AUGUSTA GA.30904,FISHER HOUSE, AND DOWNTOWN950 15TH STREET AUGUSTA, GA.30904 ***ALL CONTRACT REQUIREMENTS ARE STATED IN THE STATEMENT OF WORK.*** **THIS IS A BASE YEAR W/4 OPTION YEAR REQUEST DEPENDING ON THE AVAILABITY OF FY-2022 FUNDING.** *COR RAFER AMOD BELTON*.

Contract Period: Option 2 POP Begin: 08-01-2022 POP End: 07-31-2023

PERIOD OF PERFORMANCE FOR BASE YEAR 08/01/2023 - 07/31/2024. VENDOR TO PROVIDE ALL PERSONNEL NECESSARY TO CLEAN APPROXIMATELY 247,000 SQUARE FEET OF BUILDING SPACE, TO INCLUDE CLEANING THE INTERIOR ENTRANCES, PATIOS,STAIRWELLS,PUBLIC RESTROOMS,AND WASTE REMOVAL AT THE CHARLIE NORWOOD VAMC 1 FREEDOM WAY AUGUSTA GA.30904,FISHER HOUSE, AND DOWNTOWN950 15TH STREET AUGUSTA, GA.30904 ***ALL CONTRACT REQUIREMENTS ARE STATED IN THE STATEMENT OF WORK.*** **THIS IS A BASE YEAR W/4 OPTION YEAR REQUEST DEPENDING ON THE AVAILABITY OF FY-2023 FUNDING.** *COR RAFER AMOD BELTON*.

Contract Period: Option 3 POP Begin: 08-01-2023 POP End: 07-31-2024

PERIOD OF PERFORMANCE FOR BASE YEAR 08/01/2024 - 07/31/2025. VENDOR TO PROVIDE ALL PERSONNEL NECESSARY TO CLEAN APPROXIMATELY 247,000 SQUARE FEET OF BUILDING SPACE, TO INCLUDE CLEANING THE INTERIOR ENTRANCES, PATIOS,STAIRWELLS,PUBLIC RESTROOMS,AND WASTE REMOVAL AT THE CHARLIE NORWOOD VAMC 1 FREEDOM WAY AUGUSTA GA.30904,FISHER HOUSE, AND DOWNTOWN950 15TH STREET AUGUSTA, GA.30904 ***ALL CONTRACT REQUIREMENTS ARE STATED IN THE STATEMENT OF WORK.*** **THIS IS A BASE YEAR W/4 OPTION YEAR REQUEST DEPENDING ON THE AVAILABITY OF FY-2023 FUNDING.** *COR RAFER AMOD BELTON*.

Contract Period: Option 4 POP Begin: 08-01-2024 POP End: 07-31-2025

B.3 DELIVERY SCHEDULE

1 Freedom Way Augusta, GA 30904

USA

706-733-0188 X3319 rafer.bolton@va.gov

1 Freedom Way Augusta, GA 30904

USA

1 Freedom Way Augusta, GA 30904

USA

1 Freedom Way Augusta, GA 30904

USA

1 Freedom Way Augusta, GA 30904

USA

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 five (5) years.

(End of Clause) C.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

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

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, 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 part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.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 apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(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 eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled 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 SDVOSB 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 SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An 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 SDVOSBs.

(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 SDVOSBs.

(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 SDVOSBs.

(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 SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded.