36C24722Q0500.docx

36C24722Q0500

GENERAL INFORMATION

RPO-E, Network Contracting Office 7 2008 Weems Rd LaVista Business Park - Bldg A Tucker, GA 30084-5207

POINT OF CONTACT*

Contracting Officer Brian C. Curtis brian.curtis2@va.gov

PLACE OF PERFORMANCE

Atlanta VA Medical Center

1670 Clairmont Road

USA

ADDITIONAL INFORMATION

DESCRIPTION

Summary:

The Contractor shall provide Laundry and Dry-Cleaning Services to the Atlanta VAMC located in Decatur, GA, in accordance with the Scope of Work located within the solicitation. Also see the Quality Assurance Surveillance Plan (QASP) located within the solicitation. This is a Base Year plus 4 Option Year Service Contract, dependent upon availability of funds. No terms or conditions shall be made in the offers that supersede the terms and conditions set forth by the government. This is not a local area set-aside, therefore the opportunity for subcontracting exists. The prime contractor shall meet the eligibility for award/competition requirements below.

Eligibility for Award/Competition Requirements:

Combined Synopsis/Solicitation Notice This contract shall be a 100% Service-Disabled Veteran-Owed Small Business (SDVOSB) Set-Aside. Offeror shall be registered and show as an SDVOSB in both the Vendor Information Pages (VIP) and the Systems for Award Management (SAM) at the time of submission of offer. Failure to be registered and showing in both VIP and SAM as an SDVOSB shall result in a failed offer, and not be considered for award. See Provision 52.212-2 for Evaluation Criteria.

Combined Synopsis/Solicitation Notice

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. EMAIL ADDRESS. (No Spam)

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. NOV 2021)

PREVIOUS EDITION IS NOT

USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION EMAIL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

508-22-2-550-0045 36C24722Q0500 04-06-2022 Brian C. Curtis brian.curtis2@va.gov 04-20-2022 11:00

EDT

36C247 Department of Veterans Affairs RPO-E, Network Contracting Office 7 2008 Weems Road LaVista Business Park - Bldg A Tucker GA 30084-5207 X X 812320 $6 Million

NET 30

N/A X 36C508 Department of Veterans Affairs Atlanta VA Medical Center ATTN: Laundry Services 1670 Clairmont Road Decatur GA 3003 -4004 36C247 Department of Veterans Affairs RPO-E, Network Contracting Office 7 2008 Weems Road LaVista Business Park - Bdlg A Tucker GA 30084-5207

POC NAME:

EMAIL:

VAFSC

Department of Veteran Affairs

FMS-VA-2 (101)

Financial Services Center PO Box 149971 Austin TX 78714-8971

(877) 353-9791 (512) 460-5545 See CONTINUATION Page Provide Laundry and Dry-Cleaning Services to the Atlanta VA Healthcare System in Decatur, GA. Provide service in accordance of the Scope of Work and the QASP.

Please submit offer in two (2) separate vo lumes separating Pricing Proposal from Technical Proposal.

Contact the CO, Brian C. Curtis, for all inquiries regarding this solicitation. Email is in block 7b.

See CONTINUATION Page X X Brian C. Curtis

VA-VHA-RPOE-2019-8A66D680

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 Brian C. Curtis Department of Veterans Affairs RPO-E, Network Contracting Office 7 2008 Weems Road LaVista Business Park - Bldg A Tucker GA 30084-5207

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 Veteran Affairs

FMS-VA-2 (101)

Financial Services Center PO Box 149971 Austin TX 78714-8971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 SCOPE OF WORK

LAUNDRY AND DRY-CLEANING SERVICE

VAMC, 1670 Clairmont Rd., Decatur, GA 30033-4004

1 DESCRIPTION OF WORK:

The contractor shall furnish all management, labor, transportation, pickup, and delivery service in accordance with the terms and conditions of this Statement of Work (SOW). This includes all laundry, dry cleaning, and all other tasks and responsibilities deemed necessary and spelled out in this SOW. The contractor shall receive, account for, process, and return all organizational and individual items tendered for cleaning.

1.1 PERIOD OF PERFORMANCE: The Contractor shall provide service to the Linen and Uniform Center as required under this SOW at the onset of the contract period, unless otherwise directed by the Contracting Officer. Due to the timeliness of the services provided, any inability of the Contractor to provide contracted services must be reported to the Contracting Officer or COR immediately.

PERFORMANCE PERIOD

1.2 The contractor shall provide services to the Linen and Uniform Center, VA Healthcare System, 1670 Clairmont Rd, Decatur, GA 30033-4004, in accordance with the terms and conditions of this contract. The contractor shall process and finish all clothing and other items in accordance with the requirements contained in the contract.

1.3 Workmanship and Sanitation: Delivered articles shall conform to the generally accepted industry and local standards of quality, cleanliness, finish, appearance, and packaging. The items shall not only be clean in the sense of being free from soil and stains, but all work also performed shall be done under sanitary conditions.

1.4 Classification of Items: Clothing or linen articles received by the contractor shall be individually inspected for condition of serviceability and classified as to the type of service required.

1.5 Re-performance: Any items found to have been unsatisfactorily cleaned shall be re-cleaned by the contractor at no additional cost to the government

1.6 Repair: The contractor shall repair, at contractor’s expense, all damages to individual garments which occur while in the custody of the contractor, to include rips, tears, holes, open seams, and replacement of buttons and repair or replacement of zippers.

1.7 Items being turned into the contractor will be counted in the presence of the organizational representative and contractor representative and agreement reached on the number count.

1.8 The contractor shall provide pickup and delivery service. This service shall include loading, unloading, segregating, transporting. The contractor shall provide his own vehicles.

1.9 The laundry that the contractor picks up may be dirty/wet. The contractor shall verify number of items and sign a pickup ticket for the items being picked up. Such a signature constitutes an agreement to the government's count unless a specific exception is noted on the ticket. A copy of the ticket will remain with the government.

1.10 The contractor shall record the number of items delivered on the delivery ticket and the government rep will verify the amount. Items delivered must be within 7 days of pick up. The contractor must provide a list for items not delivered on schedule.

2 GENERAL INFORMATION:

2.1 HOURS OF OPERATION: Items are available for pick up between the hours of 0730 – 1530 Monday thru Friday minus any federal holidays. If your schedule pick-up is on a federal holiday, then items will be picked up the next business day.

2.2 TYPE OF ITEMS TO BE DRYCLEANED: Pants male and female; ties; blazers; overcoats; raincoats and tablecloths. The number of items to be dry cleaned will vary weekly based on the number of employees.

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

B.3 QASP

QUALITY

ASSURANCE

SURVEILLANCE

PLAN

(QASP)

FOR

SITE

SURVEILLANCE

PLAN

Dry Cleaning Services

SITE SURVEILLANCE PLAN

PURPOSE

This Quality Assurance Surveillance Plan (QASP) will be used as a guide to Government Quality Assurance Personnel (QAP). It provides a systematic method to evaluate the services the contractor is required to furnish. The Surveillance/Evaluation Methods identified in the QASP, in concert with the Contractor's Quality Control Procedures will assure the Government of satisfactory contractor performance. The QASP is the management tool for documenting site surveillance conducted on contractors, contractor performance evaluation, and reporting of contractor performance.

The QASP is intended to be a "living document". That is, it should be revised or modified as circumstances warrant throughout the contract period. Following contract award, this document should be reviewed by the QAP to ensure that it will work cooperatively with the Contractor's Quality Control Plan, but not duplicate its provisions.

The contractor, and not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance to ensure contract standards are achieved.

SURVEILLANCE PROCEDURES

Service Delivery/Surveillance Summary Timeliness - Delivery dates are met.

Quality - Accurate, complete, clear, well-organized, in requested format (if applicable), reflects best practices.

Tasks - Performed according to work statement requirements.

Problem Resolution - Contractor submits draft deliverables at least one week prior to deadline and resolves any deficiencies identified by client in final submission. Following final submission, contractor resolves any additional deficiencies identified by client and resubmits within one week.

Delivery - Contractor submits two copies of each deliverable to Project Manager as specified in Section 3.

8) visits vs Intermittently

electronically

submitted to COR by the 30th of each month

of each month

METHODS AND FREQUENCY

The principal services that apply to the type of work being performed on this contract are consulting services, i.e., Family Concerns, Work Issues, Stress, Legal problems, Financial Issues or services outlined in Sec.3(b)(c). One or any combination may be used. Timely feedback will be provided to the contractor on unacceptable performance. Prompt feedback is essential so the contractor can develop and implement a corrective action plan. Surveillance will be conducted on a quarterly basis. The surveillance logs or method as stated in the contract will be submitted to the COR in quarterly intervals. The Site Surveillance Report, a summary of the surveillance logs, will be prepared by and submitted quarterly.

IIBYIEW RESPONSIBILITIES:

Contracting Officer: Brian C. Curtis COR: Kevin Jones

PERFORMANCE AREAS

Management Responsiveness Evaluate the adequacy of the contractor's responsiveness. Address the extent to which the contractor demonstrates a thorough understanding of the customer's environment, keeps the government informed of work progress, and provides for early problem identification and effective corrective action plans. In addition, the effectiveness of corporate off-site support to the on-site workforce should be considered along with the timeliness of their proposal submission activity.

Contract Management/Administration Evaluate the quality and effectiveness of the contractor's management of the contract. The contractor shall use the hours authorized to provide support throughout the period of performance. The contractor will be evaluated in the successful control of resources devoted as outlined in the contract. The adequacy of the contractor's initial and replenishment staffing shall be addressed also, evaluate the effectiveness of subcontract management activity, if applicable.

Schedule Control Evaluate the contractor's overall adherence to contract or task order schedules to quantify to the extent possible, the percentage of tasks being complete on time, ahead of schedule or behind schedule.

Performance The contractor will be evaluated as to the quality of the output of their work. The contractor's personnel should be technically competent in the functional area(s) identified in the delivery order. Included in the technical performance are the contractor's contributions in meetings and reviews, the quality of the contractor's technical reports, contractor's productivity and the overall quality of the technical support provided.

EVALUATION CRITERIA

Exceptional Indicates performance clearly exceeds contractual requirements. The area of evaluation contains few minor problems for which corrective actions appear highly effective.

Satisfactory Indicates performance clearly meets contractual requirements. The area of evaluation contains some minor problems for which the corrective actions appear satisfactory.

Marginal Indicates performance meets contractual requirements. The area of evaluation contains a serious problem for which corrective actions have not yet been identified, appear only marginally effective, or have not been fully implemented.

Unsatisfactory Indicates the contractor is in danger of not being able to satisfy contractual requirements and recovery is not likely in a timely manner. The area of evaluation contains serious problems for which the corrective actions appear ineffective.

DOCUMENTATION

Documentation used and referenced to perform surveillance will consist of technical reports, contractor plans and procedures, schedules, customer feedback and contract data requirements. During the course of the contract, the Site Manager retains a copy of all inspection schedules and surveillance activity logs. When/if a specific service becomes unsatisfactory during a surveillance period the inspection documentation supporting the contract discrepancy report is forwarded to the CO.

Recording Observations Use the surveillance logs to record information on scheduled observations and defects noted. Each observation is recorded on the log. The documents then become a formal record for reference. The contractor is told each time that a defect is found during scheduled observations.

Potential Unacceptable Performance Documenting Unacceptable Performance Taking Action The (COR) may evaluate the contractor's performance and document any noncompliance, but only the CO may take action against the contractor for an unacceptable rating.

When the contractor's performance is unacceptable and a formal action is indicated, the Contracting Officer will determine what action is appropriate for the specific circumstances and make a recommendation to the ACO and the CO.

RATING

All contractor tasks will be rated as Exceptional, Satisfactory, Marginal, or Unsatisfactory on the surveillance log. The Site Manager will collect the surveillance logs and necessary supporting documentation and then prepare a Surveillance Report to give a site rating for each of the performance areas using the evaluation criteria in Section 5 of the plan.

SURVEILLANCE ACTIVITY SCHEDULE

Surveillance intervals will be set up for every ninety (90) days.

SURVEILLANCE LOGS AND REPORT

The surveillance logs will be used to record observations and defects and rate individual contractor tasks. The Surveillance Report will be used to give overall ratings in the performance areas identified in Section 4.

ACCEPTANCE OF SERVICES

Invoices shall be submitted monthly for work performed the prior month will be submitted via.

Surveillance Log

CONTRACTOR:

ACO/COTR:

SITE MANAGER:

PERIOD OF PERFORMANCE:

QUARTER COVERED (Circle One): [Q1] [Q2] [Q3] [Q4]

TASK ORDER NO:

TASK ORDER TITLE:

TASK ORDER TASK DESCRIPTION: The contractor shall replace and maintain existing leased equipment (faxes, copiers, printers, scanners) and provide lease-to-purchase pricing. The contractor shall provide, install and maintain new equipment with lease-to-purchase pricing. The contractor shall provide an on-site technician and onsite copy/print services.

PERFORMANCE AREA: MANAGEMENT RESPONSIVENESS (Check One)

Justification for rating of Exceptional or Unsatisfactory:

Corrective action required (if any):

PERFORMANCE AREA: CONTRACT MANAGEMENT/ADMINISTRATION (Check One)

Justification for rating of Exceptional or Unsatisfactory:

Corrective action required (if any):

PERFORMANCEAREA: SCHEDULECONTROL (Check One)

PERFORMANCE AREA: PERFORMANCE (Check One)

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Annual Laundry and Dry-Cleaning Services

Contract Period: Base POP Begin: 05-01-2022 POP End: 04-30-2023 PRINCIPAL NAICS CODE: 812320 - Drycleaning and Laundry Services (except Coin-Operated) PRODUCT/SERVICE CODE: S209 - Housekeeping - Laundry/Drycleaning

Annual Laundry and Dry-Cleaning Services

Contract Period: Option 1 POP Begin: 05-01-2023 POP End: 04-30-2024

Annual Laundry and Dry-Cleaning Services

Contract Period: Option 2 POP Begin: 05-01-2024 POP End: 04-30-2025

Annual Laundry and Dry-Cleaning Services

Contract Period: Option 3 POP Begin: 05-01-2025 POP End: 04-30-2026

Annual Laundry and Dry-Cleaning Services

Contract Period: Option 4 POP Begin: 05-01-2026 POP End: 04-30-2027

B.5 DELIVERY SCHEDULE

Atlanta VA Healthcare System 1670 Clairmont Road Decatur, GA 30033 4004

USA

12.00

(404) 321-6111 x202300 duane.palmer@va.gov

Atlanta VA Healthcare System 1670 Clairmont Road Decatur, GA 30033 4004

12.00

Atlanta VA Healthcare System 1670 Clairmont Road Decatur, GA 30033 4004

12.00

Atlanta VA Healthcare System 1670 Clairmont Road Decatur, GA 30033 4004

12.00

Atlanta VA Healthcare System 1670 Clairmont Road Decatur, GA 30033 4004

12.00

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 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 PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[X] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[X] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

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

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

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

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

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

(End of Clause) C.6 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. The Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification: