36C24724Q0853_1.docx

36C24724Q0853

GENERAL INFORMATION

Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021

POINT OF CONTACT*

Contracting Officer Sheryl Harris sheryl.harris5@va.gov 478-272-1210

PLACE OF PERFORMANCE

Charlie Norwood VA Medical Center

950 15th Street

Augusta GA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. Solicitation 36C24724Q0853 is issued as a request for quotation. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01. This solicitation is issued as a SDVOSB set-aside, the associated NAICS code is 492110 and small business size 1500 employees.

DESCRIPTION: The Department of Veterans Affairs, Networking Office 7 is looking to award a firm-fixed price contract to provide daily courier services to transport medical specimens, x-ray film, and other documents from the Community Based Outpatient Clinic 9249 Highway 29N, Athens, GA 30601 (Athens CBOC), to the Charlie Norwood VA Medical Center Augusta, GA (CNVAMC), Downtown Division Laboratory at 950 15th Street in Room 2D-101 and X-ray in Room 2D-200. The Contractor shall also provide twice-weekly courier services to transport mail, medical supplies, office supplies, and miscellaneous other items from SPD for delivery to the Athens CBOC. The Contractor shall note that individual items being transported may weigh in excess of 50 pounds, and the total weight for deliveries, particularly the twice-weekly courier service, may routinely exceed 100 pounds.

TERMS: This requirement incorporates one or more clauses/provisions by reference, with the same force and effect as if they were given in full text. The full text of a clause or provision may be accessed at http:///www.acquisition.gov/far/index.html and http://www.va.gov/oal/library/vaar/. Offerors are encouraged to, and responsible for, reviewing the full solicitation (attached) for detailed requirement description, applicable terms and conditions, provisions, submittal instructions to offerors, and evaluation procedures prior to submitting their quotes. All Offerors must have an active registration in the System for Award Management (SAM), www.sam.gov, at the time of submittal.

QUESTIONS: Any questions pertaining to this requirement must be emailed to sheryl.harris5@va.gov no later than 10:00 AM CT , 2024, include Solicitation 36C24723Q0853 in the subject line of the email to ensure timely review and response. No questions will be accepted nor answered after this date and time. Response to questions will be posted as an amendment to the solicitation once the question period has expired. Offerors are responsible for monitoring Contracting Opportunities at www.sam.gov for any amendments to the solicitation as the government will not send notice of amendments. Representatives from potential Offerors or on behalf of potential Offerors shall not contact any VA Medical Center representative to discuss nor inquire about this solicitation.

DEADLINE: All offers/quotes must be submitted in a single email to sheryl.harris5@va.gov and received no later than 10:00 AM CT, July 26, 2024. Offerors are encouraged to, and responsible for, reviewing the full solicitation (attached) for detailed requirement description, applicable terms and conditions, provisions, submittal instructions to offerors, and evaluation procedures prior to submitting their quotes.

NOTE: PLEASE ATTACH YOUR CAPABILITY STATEMENT

EVALUTION FACTORS

Product/Service: Athens Courier Service Technical (List of ALL required technical requirements for the vendor)

· Contractor must provide documentation showing ability to provide service listed in accordance with specifications listed in the Statement of Work document.

· Contractor must have a contingency plan in place to always provide coverage

· Contractor must show they have performed duties with a company similar or the same as our business type.

· Years of Experience

Past Performance

· The Contractor should Identify Federal, State, and local government contracts and private contracts, and should describe the experience of the company in providing the same/comparable equipment as specified in this solicitation within the past three (3) years.

Provide a list of three (3) references pertaining to those contracts including name, address, contact person, and telephone number that can validate level of performance. Offerors with no relevant performance history will receive a neutral rating.

The Government shall evaluate the offeror’s reputation for quality and past performance. By quality and past performance the Government means the offeror’s reputation for conforming to specifications and to standards of good workmanship; the offeror’s reputation for adherence to contract schedules, including both technical and administrative aspects of performance. The Government shall evaluate quality/past performance based on information that may be obtained from the Offeror, such as previous commercial and Government contracts.

NOTE: An offeror without a record of relevant past performance or for whom information on past performance is not available will be rated as neutral.

Each factor will be rated as Acceptable or Unacceptable as defined below.

As defined by the below:

Acceptable All required minimum acceptable criteria are clearly met by the proposal. The offeror’s proposal meets the performance and technical capability requirements defined in the SOW. Once the proposals have been determined to be “technically acceptable”, award will be based on cost/price only.

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

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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.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR

52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF

CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT

USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24724Q0853 07-16-2024

SHERYL HARRIS

EMAIL ONLY

07-26-2024 10:00 am

CDT

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

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

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

Dublin GA 31021

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Please reference B.2 Price Cost and Statement of Work Please return all pages of this solicitation to include your capability statement Please review the basis of award and evaluation criteria See CONTINUATION Page x X Sheryl Harris Contracting Officer 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 Sheryl Harris Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

B.2 PRICE/COST SCHEDULE ITEM INFORMATION

Courier services to transport lab specimens, xray films and other clinical and office supplies and mail as needed according to the Statement of Work from the Athens CBOC to Augusta VAMC One trip daily M-F excluding federal holidays. Pickup location: Athens CBOC, 9249 Highway 29N Athens, GA between 2:00pm and 2:30pm. Delivery location: Augusta VAMC (DD), 950 15th Street, Augusta, GA. POP Begin:09-20-2024 POP End:09-19-2025 BASE YEAR Contract Period: Base POP Begin: 09-20-2024 POP End: 09-19-2025

Courier services to transport interoffice distribution and supplies from the Augusta VAMC to Athens CBOC twice per week. Two trips to be made on Tuesday and Thursday excluding federal holidays according to the Statement of Work. Pickup location: Augusta VAMC (DD), 950 15th Street, Augusta, GA. Delivery location: Athens CBOC, 9249 Highway 29N, Athens, GA.

Emergency delivery trips as necessary.

Courier services to transport lab specimens, xray films and other clinical and office supplies and mail as needed according to the Statement of Work from the Athens CBOC to Augusta VAMC One trip daily M-F excluding federal holidays. Pickup location: Athens CBOC, 9249 Highway 29N Athens, GA between 2:00pm and 2:30pm. Delivery location: Augusta VAMC (DD), 950 15th Street, Augusta, GA. POP Begin:09-20-2024 POP End:09-19-2025 BASE YEAR Contract Period: Option 1 POP Begin: 09-20-2025 POP End: 09-19-2026

Courier services to transport interoffice distribution and supplies from the Augusta VAMC to Athens CBOC twice per week. Two trips to be made on Tuesday and Thursday excluding federal holidays according to the Statement of Work. Pickup location: Augusta VAMC (DD), 950 15th Street, Augusta, GA. Delivery location: Athens CBOC, 9249 Highway 29N, Athens, GA.

Emergency delivery trips as necessary.

Courier services to transport lab specimens, xray films and other clinical and office supplies and mail as needed according to the Statement of Work from the Athens CBOC to Augusta VAMC One trip daily M-F excluding federal holidays. Pickup location: Athens CBOC, 9249 Highway 29N Athens, GA between 2:00pm and 2:30pm. Delivery location: Augusta VAMC (DD), 950 15th Street, Augusta, GA. POP Begin:09-20-2024 POP End:09-19-2025 BASE YEAR Contract Period: Option 2 POP Begin: 09-20-2026 POP End: 09-19-2027

Courier services to transport interoffice distribution and supplies from the Augusta VAMC to Athens CBOC twice per week. Two trips to be made on Tuesday and Thursday excluding federal holidays according to the Statement of Work. Pickup location: Augusta VAMC (DD), 950 15th Street, Augusta, GA. Delivery location: Athens CBOC, 9249 Highway 29N, Athens, GA.

Emergency delivery trips as necessary.

Courier services to transport lab specimens, xray films and other clinical and office supplies and mail as needed according to the Statement of Work from the Athens CBOC to Augusta VAMC One trip daily M-F excluding federal holidays. Pickup location: Athens CBOC, 9249 Highway 29N Athens, GA between 2:00pm and 2:30pm. Delivery location: Augusta VAMC (DD), 950 15th Street, Augusta, GA. POP Begin:09-20-2024 POP End:09-19-2025 BASE YEAR Contract Period: Option 3 POP Begin: 09-20-2027 POP End: 09-19-2028

Courier services to transport interoffice distribution and supplies from the Augusta VAMC to Athens CBOC twice per week. Two trips to be made on Tuesday and Thursday excluding federal holidays according to the Statement of Work. Pickup location: Augusta VAMC (DD), 950 15th Street, Augusta, GA. Delivery location: Athens CBOC, 9249 Highway 29N, Athens, GA.

Emergency delivery trips as necessary.

Courier services to transport lab specimens, xray films and other clinical and office supplies and mail as needed according to the Statement of Work from the Athens CBOC to Augusta VAMC One trip daily M-F excluding federal holidays. Pickup location: Athens CBOC, 9249 Highway 29N Athens, GA between 2:00pm and 2:30pm. Delivery location: Augusta VAMC (DD), 950 15th Street, Augusta, GA. POP Begin:09-20-2024 POP End:09-19-2025 BASE YEAR Contract Period: Option 4 POP Begin: 09-20-2028 POP End: 09-19-2029

Courier services to transport interoffice distribution and supplies from the Augusta VAMC to Athens CBOC twice per week. Two trips to be made on Tuesday and Thursday excluding federal holidays according to the Statement of Work. Pickup location: Augusta VAMC (DD), 950 15th Street, Augusta, GA. Delivery location: Athens CBOC, 9249 Highway 29N, Athens, GA.

Emergency delivery trips as necessary.

B.3 DELIVERY SCHEDULE

260.00

STATEMENT OF WORK

A. Overview: The Contractor shall provide daily courier services to transport medical specimens, x-ray film, and other documents from the Community Based Outpatient Clinic 9249 Highway 29N, Athens, GA 30601 (Athens CBOC), to the Charlie Norwood VA Medical Center Augusta, GA (CNVAMC), Downtown Division Laboratory at 950 15th Street in Room 2D-101 and X-ray in Room 2D-200. The Contractor shall also provide twice-weekly courier services to transport mail, medical supplies, office supplies, and miscellaneous other items from SPD for delivery to the Athens CBOC. The Contractor shall note that individual items being transported may weigh in excess of 50 pounds, and the total weight for deliveries, particularly the twice-weekly courier service, may routinely exceed 100 pounds.

B. Background: The Athens CBOC is a Community Based Outpatient Clinic that provides primary care services to enrolled veterans. The Athens CBOC is located approximately 100 miles from its parent station, Charlie Norwood VAMC, in Augusta, GA. The Athens CBOC does not have the ability to process labs or x-rays on site. All laboratory specimens collected for testing must be delivered to the laboratory at the Downtown Division, CNVAMC, in adequate time to preserve the integrity of laboratory results. The Contractor may park in designated parking spaces for visitors at the CNVAMC and enter through the Visitors entrance. This entrance closes at 8:00 p.m.

C. Daily Courier Services: Pick-up will be made at the Athens CBOC between 2:00 p.m. and 2:30 p.m., Monday through Friday except for Federal Holidays. Specimens shall be delivered to the Augusta VAMC Laboratory no later than 4:00 p.m. – 5:00 p.m. The Contractor shall provide its own OSHA-approved Laboratory containers/coolers, appropriately labeled with a Biohazard label, with refrigerant packs to maintain appropriate temperature for lab specimens during transportation. Some specimens may require room temperature transport and will only need to be protected from the heat.

D. Twice-Weekly Courier Services: Mail, medical supplies, office supplies, and miscellaneous other items will be ready to pick up from the VAMC Augusta, GA, SPD Department and delivered to the CBOC in Athens. Deliveries will be accepted and signed for by the lab Nurse and/or an administrative staff member in room 1A-102 and 1B-100. These deliveries shall be scheduled twice per week (Tuesdays and Thursdays) with additional deliveries as necessary. The time of pickup will be agreed upon by the VA and the Contractor to allow sufficient time to arrive in Athens between 1:30 p.m. and 2:00 p.m.

E. Performance Period: One Base Year with the possibility of (4) one year option periods.

F. Courier Requirements: 1. Driver Licensing: All courier drivers shall have a current, valid driver’s license for the type of vehicle operated in compliance with applicable Georgia laws and regulations. The Contractor shall submit a copy of each courier driver’s license to the COR within five (5) calendar days upon the COR’s request.

G. Contractor Vehicles: The vehicles used in the performance of this Contract shall be properly licensed and meet all applicable Georgia laws and regulations.

H. Vehicle Accidents: The Contractor shall notify the COR as soon as practicable if a motor vehicle accident occurs during the performance of this Contract, including the disposition of anything being transported. The COR may direct remedial actions be taken, including the provision of a substitute courier/vehicle to complete the delivery I. Physical Capabilities: Courier services under this Contract involve the transportation of material that may weigh in excess of 50 pounds per item. Contractor employees providing courier service shall have the ability to lift at least that amount without assistance from VA employees.

J. OSHA Certifications: All Contractor employees responsible for transporting specimens shall be currently certified in accordance with OSHA (Occupational Safety and Health Organization) regulations on proper specimen handling procedures, dry ice, temperature control, record keeping, infectious disease (Biohazardous) specimen handling in case of an accidental spill, and Bloodborne Pathogens. The Contractor shall submit all required certifications to the COR within five calendar days upon the COR’s request. All courier vehicles shall carry an OSHA-compliant biohazard accidental/emergency spill kit.

K. Compliance: The Government reserves the right to restrict any Contractor employee from performing services under this Contract who does not meet the required qualifications set forth herein, who otherwise violates Federal law/regulations, or are identified as a potential threat to the security, safety, health, or operation/mission of VA and its Veteran patients, as determined by VA employees in their sole discretion. The restriction of such Contractor personnel shall not relieve the Contractor from performing all of the required services under this Contract in accordance with all terms, conditions, and schedules contained herein.

L. Record of Pickup and Delivery: The Contractor shall maintain a logbook of all courier pickups and deliveries indicating: the name of the courier performing the pickup/delivery; the date, time, and location of pickup; what specimens, film, documents, or other items were picked up; the name and title of the person from/to whom the items were picked up/delivered; and the date, time, and location of delivery. The courier shall sign each logbook entry; signatures may be electronic if an electronic logbook is kept. The Contractor shall make the logbook available to the COR within five (5) calendar days upon the COR’s request.

M. Quality Control: The Contractor shall develop and maintain a quality control program that ensures courier services are performed in accordance with these specifications. The Contractor shall develop and implement procedures to track, identify, prevent, remedy and ensure non-recurrence of defective services. The contractor shall provide a method to accept and resolve customer complaints and notify the customer of the resolution. The Contractor shall immediately notify the COR upon receipt of a customer complaint and provide a resolution to such complaint within three (3) calendar days after receipt to the reasonable satisfaction of the COR, in the COR’s sole discretion.

N. Performance Standards: Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

(auditing) Exercise of Option Period and past performance.

Exercise of Option Period and past performance.

(auditing) Exercise of Option Period and past performance.

O. Invoices: Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the COR.

A properly prepared invoice will contain:

· Invoice Number and Date

· Contractor’s Name and Address

· Accurate Purchase Order Number

· Supply or Service provided

· Inclusive dates and quantity supply or service provided

· Total amount due

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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

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

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

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

(End of Clause) C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated.