S02-RFQ-36C24724Q1009-Construction Dumpster Waste Services-SAM.pdf

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

534-25-1-5036-0002

36C24724Q1009 08-28-2024

Natasha Mixon Natasha.Mixon@va.gov 09-17-2024 10:00am EDT

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

X 100

X

562111

$47 Million

N/A

X

See Delivery Address

VISN 7 Network Contracting Office LaVista Business Park - Bldg A

FMS-VA-2(101)

Electronic Submission to Tungsten

See CONTINUATION Page

Services: Construction Dumpster waste

Contractor is required to read and fill out required sections of solicitation and return with an attached quote.

Direct all questions to Natasha.Mixon@va.gov no later than 9/5/2024

Base Year: 10/11/2024 - 10/10/2025 Option Year 1: 10/11/2025 - 10/10/2026 Option Year 2: 10/11/2026- 10/10/2027 Option Year 3: 10/11/2027 - 10/10/2028 Option Year 4: 10/11/2028 - 10/10/2029

Incorporate WD No. 2015-4427, Revision No. 27, Last Published Date 7/22/24- http://www.wdol.gov/

No responses will be accepted after the response deadline

See CONTINUATION Page

X X

X 1

ROBERT STEPHENS

CONTRACT OFFICER

http://www.wdol.gov/

36C24724Q1009

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...22

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT 1- QASP-QUALITY ASSURANCE SURVEILANCE PLAN

ATTACHMENT 2- TABLE 1. WASTE MANIFEST LOG TEMPLATE

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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

VISN 7 Network Contracting Office LaVista Business Park - Bldg A

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly 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:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

WASTE MANAGEMENT AND COLLECTION SERVICES

DESCRIPTION OF SERVICES

The Contractor will provide all labor, supervision, tools, equipment, vehicles, facilities, and other items as required to provide the Ralph H. Johnson VA Medical Center (RHJVAMC) with waste management and collection services. This will include collection and transport of waste, waste segregation and manifest reporting, and disposal or recycling of waste. The Contractor must own, operate, and/or lease facilities necessary to perform services described. For the purpose of this statement of work (SOW), waste will refer only to non-hazardous waste.

PERIOD OF PERFORMANCE: Base Plus Four (4) Option Years as follows:

Base Year: October 11, 2024 – October 10, 2025 Option Year #1: October 11, 2025 – October 10, 2026 Option Year #2: October 11, 2026 – October 10, 2027 Option Year #3: October 11, 2027 – October 10, 2028 Option Year #4: October 11, 2028 – October 10, 2029

PLACE OF PERFORMANCE

Ralph H. Johnson VAMC 109 Bee Street Charleston, SC 29401

SCOPE

1. WASTE

RHJVAMC anticipates five-hundred (500) tons of waste, annually. This is an estimated quantity for information only, and the exact quantity may increase or decrease in accordance with RHJVAMC waste accumulation. The Contractor is obligated to remove any additional accumulations.

2. WASTE COLLECTION

a. Container.

The Contractor will provide and maintain a Government-approved, fire retardant, thirty (30) cubic yard container with a drain plug and ‘CONSTRUCTION DEBRIS ONLY’ label. A container must be available on RHJVAMC property at all times for the duration of the contract. The container will be located at the Loading Bay of the hospital.

Exchange of the container for replacement or sanitization will be scheduled with the COR. If emergency exchange is requested by the COR, Contractor will be given twenty-four (24) hours’ notice.

b. Vehicles.

All vehicles used in the performance of this contract will not be more than five (5) years old at the start of performance. The Contractor will submit documentation to demonstrate vehicle compliance.

c. Scheduling.

The Contractor will collect the container and deliver a new container four (4) business days per week, excluding Federal Holidays, between 7:00am and 4:00pm. In addition to scheduled waste collection, the Contractor will provide unscheduled collection at the request of the COR, within twenty-four (24) hours of notification.

Contractor shall provide a waste collection schedule with established vehicle routes as a component of their technical proposal for approval by the COR, no later than ten (10) business days prior to start of performance. The schedule will establish vehicle routes entering and exiting RHJVAMC and the days and times of waste collection. No changes may be made to the approved schedule without approval from the COR.

The Contractor will notify the COR of any conditions that may interrupt the established schedule of performance and will coordinate with the COR. The Contractor shall provide a contingency plan for pick-up in the event of a natural disaster (hurricanes, tropical storms, etc.).

The Government reserves the right to order all Contractor personnel off site with no prior notice in the event of an emergent situation. Emergency situations will be defined by the

COR.

d. Collection.

After a container is collected by the contractor, a new, empty container will be placed in the same location in an upright position. The Contractor will be responsible for keeping the collection area (10ft. around the container) clean and free of any debris or spills that result from changing containers. The Contractor will immediately address any spills and/or debris on RHJVAMC property that occur as a result of waste collection.

Once Contractor accepts delivery and takes possession and control of waste, risk of loss and all other incidents of ownership will pass to the Contractor.

3. RECEIVING, PROCESSING, RECYCLING, AND DISPOSAL

a. Receiving and Processing.

The Contractor will maintain a receiving and/or processing facility for the duration of this contract.

The Contractor will weigh each container as it enters the facility. The Contractor will provide a certificate weighing system to ensure accurate records for poundage of waste disposed.

All containers used in waste collection will be weighed on state certified vehicle scales at the landfill or at the Contractor’s facility. Incoming and outgoing container weights will be documented by the operator at the weigh station and submitted to the COR monthly.

Weight ticket will include date of collection, description of container, and weight.

All collected waste will be sorted into the following waste streams:

(1) Waste to be disposed via landfill; and

(2) Waste to be diverted from landfill for recycling.

Once sorted, each waste stream will be weighed individually, and tonnage will be recorded.

Waste stream information will be provided monthly to the COR, and will include, at minimum, the following:

(1) Name of waste material; and

(2) Weight generated for each waste stream.

The Contractor will not commingle waste collected from any other source with that of RHJVAMC prior to sorting, weighing, and documenting RHJVAMC waste.

b. Recycling.

The Contractor will utilize all reasonable means to divert waste from landfills and salvage and recycle all appropriate waste. At a minimum, the following waste categories will be diverted from landfills:

(1) Clean dimensional wood and palette wood;

(2) Green waste (biodegradable landscaping materials);

(3) Engineered wood products (plywood, particle board, I-joists, etc.);

(4) Metal products (steel, wire, copper, etc.);

(5) Insulation;

(6) Paint;

(7) Gypsum board;

(8) Plastics (e.g., ABS, PVC);

(9) Fluorescent lamps;

(10) Bitumen roofing materials;

(11) Carpet and/or pad;

(12) Cardboard, paper, and packaging; and

(13) Inerts (concrete, masonry, and asphalt).

The Contractor will ensure all recyclable waste is delivered to appropriate recyclables processing facility. The Contractor will document the total tonnage of waste that is diverted for recycling to be included in their manifest. Manifests from the facility accepting the recyclable waste will be required for all diverted waste.

c. Disposal.

The Contractor will be required to dispose of waste in a manner that does not cause detrimental conditions to public health. The Contractor will assume full responsibility for compliance with all Federal, state, city, and county laws, rules, and regulations governing landfill disposal of waste materials. The Contractor will document the total tonnage of waste that is sent to a landfill.

d. Manifest.

The Contractor must provide monthly waste manifest(s) to the COR. At minimum, the waste manifest must include dates, facilities, recorded weights for each waste stream, and amount diverted from landfill. Recycling manifest(s) must also be provided for all waste diverted for recycling and must include dates, and recorded weights. Both manifests (waste and recycling) must be provided in order to satisfy this requirement. Provided in Attachment 2 of Section D, Waste Manifest Log, is an example of what should be submitted monthly to the COR. The Contractor may utilize this template.

4. TRAINING REQUIREMENTS

The Contractor shall ensure that all employees are qualified to operate equipment and will provide documentation of qualifications and/or training to the COR no later than ten (10) business days prior to start of performance.

5. RESPONSE TIMES AND TELEPHONE SUPPORT

The Contractor will adhere to the response times indicated in this SOW.

For non-emergency services, the Contractor will provide a verbal response within two (2) hours of notification from the COR and will provide on-site service and/or repair within twenty-four (24) hours. For emergency services, the Contractor will provide a verbal response within one (1) hour of notification from the COR and will provide on-site response within four (4) hours. The classification of non-emergency and emergency will be made at the discretion of the COR.

The Contractor will be available for consultation by telephone twenty-four (24) hours a day, seven (7) days a week.

6. QUALITY CONTROL PROGRAM

(1) The Contractor will attend Performance Evaluation Meetings where the Contractor will meet with the COR at least once every quarter (at least 4 times per year).

7. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

This QASP, Attachment 1 of Section D has been developed to aid the COR in providing surveillance of all aspects of the waste management and collection services. This plan sets forth the procedures and guidelines RHJVAMC will use to ensure required performance standards are achieved by the Contractor. This plan provides for monitoring all contract requirements through sampling guides, customer complaint surveillance guides, and surveillance activity checklists.

a. Methods.

The primary method of surveillance will be done through monthly checklist. Tasks not surveyed by checklist will be evaluated through observation and/or customer complaint.

This plan contains the monthly checklist that will be used to record information and customer complaint guide. Checklists are provided for recording observations in this surveillance plan.

b. How to Use the Surveillance Plan.

The maximum allowable degree of deviation from perfect performance for each requirement allowed by the Government before contract performance is considered unsatisfactory, known as the AQL, represents the level of service and quality required to maintain satisfactory standing. The observations and discrepancies documented at the end of each month will be compared to the AQL(s) in the Performance Requirements Summary. Any errors detected during surveillance, even if not sufficient to render the service unsatisfactory, will require corrective action by the Contractor. Errors detected by the COR or designated representative in the course of surveillance will be communicated to the Contractor within 1 business day. Specifics concerning any error will be recorded on the checklist. The Contractor will initial this record, and provide it to the COR.

c. Performance Requirements Summary.

The Contractor is required to perform all work specified in this SOW.

8. GENERAL REQUIREMENTS

a. Changes to the Statement of Work.

Any changes to the SOW will be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be maintained in a project folder, along with all other documents related to the project. Costs incurred by the Contractor through any action of parties, other than the Contracting Officer, will be the responsibility of the Contractor.

b. Reporting Requirements.

The Contractor will maintain all necessary licenses and/or permits required to fulfill the contract. The Contractor will provide the Contracting Officer with a copy of any licenses, permits, and/or documentation required.

c. Travel.

The Contractor is responsible for any and all travel and/or per diem. All pick-up and drop-off will be conducted at the facility:

Ralph H. Johnson VAMC 109 Bee Street

All disposal and recycling will be conducted at the Contractor’s designated facilities.

d. Government Responsibilities.

RHJVAMC will grant the Contractor permission to perform site visits at RHJVAMC – 109 Bee Street, Charleston, SC only.

RHJVAMC will grant the Contractor facility access deemed necessary to provide the services required under this contract, Monday through Friday from 7:00am to 4:00pm, excluding Federal Holidays.

RHJVAMC will provide space for the Contractor to supply the approved container on the property.

e. Contractor Experience Requirements.

The Contractor will be an authorized provider of the services specified.

The Contractor will have experience in waste management and customer service.

The Contractor will follow standard operating procedures for all aspects described in this

SOW.

f. Contracting Officer’s Representative.

The RHJVAMC representative of the Contracting Office will be designated to represent the Contracting Officer in furnishing technical guidance and advice regarding the work to be performed under this contract. No service may be provided without the approval of the COR(s).

g. Contractor Personnel Security Requirements.

It is agreed that:

All personnel will provide any and all required and/or requested documentation to gain access at RHJVAMC.

All personnel will need to register and login at the Blue kiosk, located in the 2nd floor elevator lobby, prior to conducting work on the premises.

The Contractor will receive any necessary access badges for the facility and/or be escorted during site visits by a RHJVAMC employee.

No photography on RHJVAMC premises is allowed.

h. Confidentiality and Non-Disclosure.

It is agreed that:

The preliminary and final deliverables, and all associated working papers, application source code, and other materials deemed relevant by RHJVAMC which have been generated by the Contractor in the performance of this task order, are the exclusive property of the US Government and will be submitted to the Contracting Officer within 30 days. At the conclusion of the task order, all submittals will be audited by RHJVAMC in conjunction with the Contractor.

The Contracting Officer will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, or final deliverables pertaining to this task order. No information will be released by the Contractor.

Press releases, marketing material, or any other printed or electronic documentation related to this project will not be publicized without the written approval of the Contracting Officer.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

One time delivery fee Contract Period: Base POP Begin: 10-11-2024 POP End: 10-10-2025

52.00 WK __________________ __________________

Construction dumpster delivery of a 30 yard bin for construction and demolition debris. To be emptied with recycling separation and landfill diversion reports. 3 times a week: Monday, Wednesday and Friday.

Contract Period: Base

365.00 DY __________________ __________________

Daily rental fee Construction Dumpster Service Contract Period: Base

5.00 YR __________________ __________________

Emergency Calls (Pickups outside of normal schedule) Contract Period: Base

One time delivery fee Contract Period: Option 1 POP Begin: 10-11-2025 POP End: 10-10-2026 demolition debris. To be emptied with recycling separation and landfill diversion reports. 3 times a week: Monday, Wednesday and Friday.

Contract Period: Option 1

Contract Period: Option 1

(Pickups outside of normal schedule) Contract Period: Option 1

Contract Period: Option 2 POP Begin: 10-11-2026 POP End: 10-10-2027 demolition debris. To be emptied with recycling separation and landfill diversion reports. 3 times a week: Monday, Wednesday and Friday.

Contract Period: Option 2

Daily rental fee Construction Dumpster Service Contract Period: Option 2

(Pickups outside of normal schedule) Contract Period: Option 2

Contract Period: Option 3 POP Begin: 10-11-2027 POP End: 10-10-2028 demolition debris. To be emptied with recycling separation and landfill diversion reports. 3 times a week: Monday, Wednesday and Friday.

Contract Period: Option 3

Contract Period: Option 3

(Pickups outside of normal schedule) Contract Period: Option 3

Contract Period: Option 4 POP Begin: 10-11-2028

POP End: 10-10-2029 demolition debris. To be emptied with recycling separation and landfill diversion reports. 3 times a week: Monday, Wednesday and Friday.

Contract Period: Option 4

Contract Period: Option 4

(Pickups outside of normal schedule) Contract Period: Option 4

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

ALL SHIP TO: Ralph H Johnson VAMC 109 Bee Street

USA

ALL 10/11/24-

10/10/29

MARK FOR: Patricia Delancy

843-577-5011 Patricia.Delancy@va.gov

FOB: DESTINATION

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.

“Evaluations of Options"

For purposes of award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be those rates in effect under the contract each time an option is exercised under this clause. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

(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— https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/far/part-52

(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.

https://veterans.certify.sba.gov/

(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. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13

CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[X] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification…