36C24725Q0159.docx

36C24725Q0159

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

508-25-1-581-0014 36C24725Q0159 Quincy Alexander 334.725.2819 11-18-2024 12pm

EST

Department of Veterans Affairs Central Alabama Veterans Health Care 215 Perry Hill Road Montgomery

AL

36109-3798 X X 339114 750 Employees

NET 30

N/A X Trinka Davis Veterans Village VA 180 Martin Dr Carrollton, Ga 30117

Department of Veterans Affairs Central Alabama Health Care System East Campus 2400 Hospital Road Tuskegee

AL

36083-5001

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page See Schedule $0.00 See CONTINUATION Page X x Quincy Alexander Contract Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

Intentionally Left Blank

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 Quincy Alexander

Central Alabama Veterans Health Care

215 Perry Hill Road Montgomery AL 36109-3798

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

Amico A2M Master Alarm Panel

Amico A2A Area Alarm

Amico Zone Valve

Amico Outlets and Inlets

Powerex MSD05325 Equipment Skid Assembly

Dental Air & Vac Relabeling (Above Ceiling & Equip Room)

Correct Piping Deficency

ASSE 6030 Medical Gas Verifier

ASSE 6020 Medical Gas Inspection

Page 1 of Page 1 of

A. GENERAL INFORMATION

PROJECT TITLE: TDVV Dental Air Compliance

PERFORMANCE OF WORK:

The contractor shall provide all resources necessary to accomplish the deliverables described in this performance work statement (PWS), except as may otherwise be specified. Furnish labor, parts, supplies, materials, and equipment necessary to replace one for one dental gas ports, relabeling of devices, and service existing equipment for Trinka Davis Veterans Village | Carrollton Clinic VA, 180 Martin Drive, Carrollton GA 30117.

PERIOD OF PERFORMANCE:

11/15/2024 – 05/15/2025

CONTRACT TYPE:

Firm-Fixed-Price

B. CONTRACT AWARD MEETING:

The contractor shall not commence performance on the tasks in this PWS until the CO has conducted a kickoff meeting or has advised the contractor that a kickoff meeting is waived.

C. PROJECT INTENT: The intent of this service is to correct existing deficiencies found during an annual inspection for instrument air and vacuum systems for the dental clinic at Trinka Davis Veterans Village VAMC. Ensuring compliance with NFPA99, VHA Directive 7515, and Joint Commission Accrediting Standards.

D. PROJECT END RESULT: The end-result of this service requires a passing inspection respective of NFPA 99 Health Care Facilities Code for dental gas systems.

E. SAFETY REGULATIONS: The VA Safety Officer and COTR shall have full authority to verify that the contractor obeys all Federal, State, and local safety rules and regulations relative to the fulfillment of this contract. State and VA rules must always be followed. Comply with VA infection control and construction risk assessment requirements.

F. CONTRACT AUTHORITY:

1. Contracting Officer (CO): The CO has the responsibility for the administration of this contract. The CO alone, without delegation, is authorized to act on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the CO may delegate certain other responsibilities to authorized Government representatives.

2. Contracting Officer’s Technical Representative (COTR): The COTR shall be appointed by letter from the CO. The CO uses COTR’s are the primary Government representatives for the administration of the contract. COTR’s shall have proper training and experience in inspecting contracts, but do not have the authority to modify the contract.

G. BACKGROUND: Numerous deficiencies were discovered during an annual inspection for the dental gas distribution system servicing the dental clinic per EC.02.05.09. “The hospital meets all other HealthCare Facilities Code requirements, gas and vacuum systems, and gas equipment, as related to NFPA 99: Chapters 5 & 11. Note: For hospitals that use Joint Commission accreditation for deemed status purposes: the hospital meets the applicable provisions of the Life Safety Code Tentative Interim Amendments”. The inspection findings resulted in missing labeling, improper labeling, Master alarm issues, and a needed service for the equipment that supplies the Dental Clinic.

H. GENERAL REQUIREMENTS

For All visits by Contractor:

Contractor will be required to sign in at the location designated by the Facility Engineering Supervisor after contract award before beginning the service call. Upon completion of services, the Contractor shall leave a copy of the service report with the using service and submit to the same location as designated above a service report annotating what work was performed. The service report shall include the name of the contractor, name of Field Service Engineer (FSE), date, time (starting and ending), and equipment downtime. The service designee and the FSE attesting that the equipment is in satisfactory working order and is functioning at an acceptable level of performance shall sign this report. The contractor shall sign out at the designated location before leaving.

Execute work to interfere as little as possible with normal functioning of Medical Center as a whole, including operations of utility services, fire protection systems and any existing equipment, and with work being done by others. Use of equipment and tools that transmit vibrations and noises through the building structure, are not permitted in buildings that are occupied jointly by patients or medical personnel, and Contractor’s personnel, except as permitted by COTR where required by limited working space.

This work shall be performed over a weekend and/or afterhours when the Service Line is not utilizing the space and patients are not being seen during the regular work week.

No utility service such as water, gas, sewers, electricity, or fire protection systems and communications systems may be interrupted without prior approval of the FSE and/or the COTR. Electrical work shall be accomplished with all affected circuits or equipment de energized. When an electrical outage cannot be accomplished, work on any energized circuits or equipment shall not commence without the Medical Center Director’s prior knowledge and written approval. The vendor shall submit a request to interrupt any such services to the FSE and/or the COTR, in writing, 48 hours in advance of proposed interruption. Request shall state reason, date, exact time of, and approximate duration of such interruption.

Any critical system outages will need to be scheduled by the FSE and/or COTR prior to performing the work. All VAMC policies and procedures will need to be followed thoroughly and notifications to the VAMC executive leadership members (ELT) and respective service lines conducted at a minimum of 72 hours prior to the outage in emergency situations. Contractor request shall state reason, date, exact time of, and approximate duration of critical utility outage.

All PPE must be dawned and discarded per VAMC policies and regulations when working in areas that require personal protection equipment.

VA reserves the right to close or shut down the project site and order the vendor’s employees off the premises in the event of a national or Trinka Davis Veterans Village emergency. The vendor may return to the site only with the written approval of the Contracting Officer.

Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police, and other emergency response forces in accordance with NFPA 241.

Means of Egress: Do not block exiting for occupied buildings, including paths from exits to roads. Minimize disruptions and coordinate with the FSE and/or the COTR.

Hot Work: Perform and safeguard hot work operations in accordance with NFPA 241 and NFPA 51B. Coordinate with the FSE and/or the COTR. Obtain permits from facility Safety Manager at least 24 hours in advance.

The contractor shall maintain neat and orderly work areas and shall clean area of debris and rubbish daily and dispose of waste materials offsite per hospital policies.

All work shall be performed in full accordance with applicable local and Federal regulations. All equipment and installation shall conform to the recommendations of ASHREA, National Fire Protection Association (NFPA), NFPA 99 Health Care Facilities Code, plumbing and mechanical codes, and National Electrical Code (NEC). No departures from specification requirements shall be permitted without written approval. The Supplier shall use good safety practices while working. All hardware should be installed in such a manner to minimize damage and maximize patient and employee safety. All equipment and procedures shall conform to OSHA, NEMA, and ANSI Standards and conform to the Standard Building Code and the Standard Mechanical Code. All installations for the Trinka Davis Veterans Village | Carrollton Clinic shall conform to VARR and FAR standards.

All items furnished shall be free from defects that would adversely affect the performance, maintainability and appearance of individual components and overall assembly.

Where the Government determines that the vendor has installed equipment not conveniently accessible for operation and maintenance, equipment shall be removed, and reinstalled or remedial action performed as directed at no additional cost to the Government.

I. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables:

The contractor shall provide the specific deliverables described below within the performance period stated in Section A of this PWS. All tasks and deliverables will be provided to the CO and/or COTR for the service of dental gas systems at Trinka Davis Veterans Village VAMC.

Equipment included within this Statement of Work:

· Amico A2M Master Alarm Panel

· Amico A2A Area Alarms

· Amico Zone Valves

· Amico O-DIA Outlets & Inlets

· Powerex MSD050325 Equipment Skid Assembly (Source Equipment).

· Dental Air and Dental VAC Relabeling (Above Ceiling and Equipment Room).

· Correct Piping Deficiency

SECTION: Amico A2M Master Alarm Panel Currently the Master Alarm Panel is not in use and has never been placed into operations.

1. Relabel Master Alarm Panel Medical Air to Dental Air.

2. Relabel Master Alarm Panel Medical Vacuum to Dental Vacuum.

3. Relabel Master Alarm Panel remaining medical gasses with NOT IN USE.

4. Ensure Master Alarm Panel has proper voltages and outlets needed to operate.

5. Change one for one transducer initiating devices to properly read parameters for Dental Air.

6. Check for proper operation.

7. Inspect per NFPA 99 requirements.

SECTION: Amico A2A Area Alarms

1. Install one for one Area Alarm Transducer for Dental Air.

2. Install one for one Area Alarm Transducer for Dental Vacuum.

3. Label per NFPA 99 requirements.

4. Label Oxygen and Nitrous Oxide – NOT IN USE

5. Check for proper operation.

6. Inspect per NFPA 99 requirements.

SECTION: Amico Zone Valves

1. Outlet Workstation Amico Instrument Air – Replace gauge with correct scale range for (Dental Air).

2. Outlet Workstation Amico Instrument Air – Update label to include system gas (Dental Air).

3. Outlet Workstation Amico Medical VAC – Update label to include system gas (Dental VAC).

4. Hallway - Update labels to include system gases.

5. E077B Amico Instrument Air – Replace gauge with correct scale range for (Dental Air).

6. E077B Amico Instrument Air – Update label to include system gas (Dental Air).

7. E077B Amico Medical VAC – Update label to include system gas (Dental VAC).

8. Room 1 Amico Instrument Air – Replace gauge with correct scale range for (Dental Air).

9. Room 1 Amico Instrument Air – Update label to include system gas (Dental Air).

10. Room 1 Amico Medical VAC – Update label to include system gas (Dental VAC).

11. All Amico Nitrous Oxide Valves – Update Label to NOT IN USE

12. All Amico Oxygen Valves – Update Label to NOT IN USE

13. Check Gages for proper operation.

14. Inspect per NFPA 99 requirements.

SECTION: Amico O-DIA Outlets & Inlets

1. Dental Workstation Amico Instrument Air Outlet – Cut and cap back to originating source | Provide blank cover at existing outlet.

2. WAGD Outlet Room 1 – Cut and cap back to originating source | Provide blank cover at existing outlet.

3. WAGD Outlet E077B - Cut and cap back to originating source | Provide blank cover at existing outlet.

4. Inspect per NFPA 99 requirements.

SECTION: Powerex MSD050325 Equipment Skid Assembly (Source Equipment).

1. Service (PM) Qty 1 - Powerex, Inc. CO Calibration Kit (P/N AC001514AV).

2. Service (PM) Qty 2 - Powerex, Inc. Replacement Drain (P/N ST178519AV).

3. Service (PM) Qty 2 - Powerex, Inc. Air Filter element (P/N VP000508AV).

4. Service (PM) Qty 4 - Powerex, Inc. 3VX450 Optibelt (P/N BT010701AV).

5. Service (PM) Qty 2 - Powerex, Inc. Tip Seal Set for SLAE05E (P/N 92832070).

6. Service (PM) Qty 2 - Powerex, Inc. Heat INSL Pipe SLAE Oil Free (P/N IP602000AV).

7. Service (PM) Qty 1 - Powerex, Inc. Grease Kit SLAE Scroll Compressor (P/N IP616201AJ).

8. Service (PM) Qty 2 - Powerex, Inc. Grease Single Compressor (P/N IP600000AV).

9. Service (PM) Qty 2 - Powerex, Inc. Filter (P/N ST178152AV).

10. Service (PM) Qty 2 - Powerex, Inc. AIRE Dryer Muffler- 3/8" NPT (P/N ST198300AV).

11. Service (PM) Qty 2 - Powerex, Inc. Automatic Drain Kit (P/N ST178168AV).

12. Service (PM) Qty 4 - Powerex, Inc. Desiccant Tower (P/N SK108400AJ).

13. Service (PM) Qty 2 - Powerex, Inc. Solenoid Valve Assemblies (P/N ST197202AV).

14. Service (PM) Qty 4 - Powerex, Inc. Purge Check Valve Assemblies (P/N CV309202AV).

15. Inspect per NFPA 99 requirements.

SECTION: Dental Air and Dental VAC Relabeling (Above Ceiling and Equipment Room).

1. Generating Source Equipment Room – Main Valve in Place / Label

2. E077 Dental Suite – Above ceiling Grid Relabel to correct gasses (Dental Air | Dental VAC)

3. Inspect per NFPA 99 requirements.

SECTION: Correct Piping Deficiency Improper installation of third dental chair discovered while inspecting system. Third chair was added after original build of the facility. Contractors used wrong connections for dental air and vacuum piping during addition.

1. Make the correct connections for added dental chair to keep dental air and dental VAC in service.

2. Inspect per NFPA 99 requirements.

Deliverables:

Contractor shall provide the following standards for submitting invoices against the PO through Tungsten.

· INVOICE FORMAT

a. Contractor Information and address

b. Vendor Code

c. Contract Number

d. Purchase Order Number

e. Invoice Number

f. Contractor Point of Contact

g. Contracting Officer Technical Representative (COTR)

h. Itemized Services and Respective Cost

i. Dates of Services

Safety and License Requirements:

1. Contractor must have all necessary licenses required to perform this work.

a. ASSE 6010 Medical Gas Systems Installers.

b. ASSE 6020 Medical Gas Systems Inspector.

c. ASSE 6030 Medical Gas Systems Verifier.

2. Contractor shall take all precautions necessary to protect persons and property from injury and/or damage during performance of this contract. Contractor shall be responsible for any injury to their employees as well as for any damages to personnel or Government property that occurs during the performance of this contract that is caused by the Contractor’s fault or negligence. Contractor shall insure that all areas where equipment is serviced under this contract are left in a clean, neat, and orderly condition.

3. Contractor’s service personnel shall follow all applicable hospital policies while on site, i.e., smoking, sexual harassment, etc. The Contracting Officer and/or the COTR reserve the right to remove any of the Contractor’s personnel and refuse them permission to work on Trinka Davis Veterans Village | Carrollton Clinic equipment for serious violations of hospital policies.

4. Contractor’s service personnel shall wear all required PPE personal protective equipment where necessary and visible identification while on the premises of the Trinka Davis Veterans Village | Carrollton Clinic VA. A picture ID is preferred.

J. SCHEDULE FOR DELIVERABLES

· Inspection documentation is to be submitted electronically within two weeks of completion.

K. CHANGES TO PERFROMANCE WORK STATEMENT

Any changes to this PWS shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

L. GOVERNMENT RESPONSIBILITIES

Government Responsibilities include but are not limited to the following:

1. COTR/FSE work with Contractor to include but not limited to Permits that are needed for any part of the service and/or abandoned equipment.

2. Shutdown utilities as requested from the Contractor and notify Facility staff.

3. Provide necessary access to contractors to the Facility and designated rest rooms.

M. CONTRACTOR EXPERIENCE REQUIREMENTS

The government will determine on a SR basis what positions are considered key personnel. The contractor shall identify, by name, the key management and technical personnel who will work under this task order at the time the work is being negotiated.

If a key person becomes unavailable to complete the SR, the proposed Substitutions of key personnel shall be made only as approved directed by the Contracting Officer and the COTR. The government will not dictate specific experience and education requirements of the employees initially proposed to perform the work stated herein. The contractor shall submit a resume of qualifications for the COTR, and all other direct employees proposed for the project. All Contractor employees will be approved by the COTR prior to bringing on duty. If, at any time from date of award to the end of the contract, non-key personnel Contractor personnel are no longer available, HES/HIS reserves the right to review the qualifications of the proposed replacement personnel and to reject individuals who do not meet the qualifications set forth in the TLO. Team personnel proposed by the contractor should possess some of the following knowledge and/or skills:

The contractor must notify VHA in advance and we will approve or reject proposed contractor key personnel for the performance of this contract. The contractor shall submit a resume of qualifications to the COTR for key personnel and all other direct employees proposed for the project. All Contractor employees will be approved by the COTR prior to bringing on duty. If, at any time from date of award to the end of the contract, Contractor personnel are no longer available, the VHA will approve the qualifications of proposed replacement personnel and will reject individuals who do not meet qualifications set forth herein. The contractor must inform the VHA COTR, and Project Manager/Task Manager when personnel are removed from the contract for any reason. The Contractor shall remove any employee from the performance of this contract within five (5) workdays of receiving notice from the Contracting Officer that the employee's performance is unsatisfactory. All Contractor employees are subject to immediate removal from performance of this contract when they are involved in a violation of the law, VA security, confidentiality requirements and/or other disciplinary reasons.

· The contractor must inform the VHA COTR, and Project Manager/Task Manager when personnel are removed from the contract for any reason.

· If a key person becomes unavailable to complete the SR, proposed Substitutions of key personnel shall be made only if approved by the COTR and Project Manager.

· The contractor shall submit a resume of qualifications to the COTR for all direct employees proposed for the project. All Contractor employees will be approved by the COTR prior to bringing on duty.

N. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

· The preliminary and final deliverables, and all associated working papers, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

· The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

· Press releases, marketing material, or any other printed or electronic documentation related to this service, shall not be publicized without the written approval of the CO.

THE C&A REQUIREMENTS DO NOT APPLY,

AND THAT A SECURITY ACCREDITATION PACKAGE IS NOT REQUIRED.

- - - END - - -

B.3 DELIVERY SCHEDULE

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

Performance of Work [508-25-1-581-0014] [TDVV Dental Air Compliance]

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 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(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.