36C24725Q0210.docx

36C24725Q0210

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

534-25-3-2715-0156

12-16-2024 Brenda Carter None 12-24-2024 3:30p

CST

Department of Veterans Affairs Ralph H. Johnson VAMC 109 Bee Street Charleston SC 29401

X

334516 1000 Employees

N/A X

Department of Veterans Affairs Ralph H. Johnson VAMC 109 Bee Street

Charleston SC 29401

Department of Veterans Affairs Tuscaloosa VA Medical Center 3701 Loop Road East Tuscaloosa AL 35404-5088

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page Contractor shall provide WASP and Slide Prep System Preventative Maintenance and repairs at the Ralph H. Johnson VA Medical Center for a Base + 4 Option Years.

See Price & Cost schedule below.

Answer to all questions pertaining to RFQ ends on Thursday, December 19, 2024 by 11:00AM CT.

See CONTINUATION Page

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C247

Ralph H. Johnson VAMC 109 Bee Street Charleston SC 29401

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:

STATEMENT OF WORK:

WASP AND SLIDE PREP SYSTEM PREVENTIVE MAINTENANCE & REPAIRS

A. GENERAL GUIDANCE

1. Scope of Work: Vendor shall provide full annual preventive maintenance and repairs service on:

WASP and Slide Prep System:

WASP#: 086-080-0617

WASP Slide Prep #: MX 1927530 located at the Ralph H. Johnson Veteran Affairs Medical Center (109 Bee St, Charleston, South Carolina). Preventive maintenance is defined as such services which involves checking the correct functioning of these devices and the replacement of expendable parts to ensure the fault-free operation.

2. Performance Period: The Vendor shall complete the work required under the SOW during the performance period:

The Preventative Maintenance contract shall have a base year with 4 option years through 2030. Option years will be exercised at RHJVAMC’s discretion

Base Year: April 6, 2025 – April 5, 2026 Option Year 1: April 6, 2026 – April 5, 2027 Option Year 2: April 6, 2027 – April 5, 2028 Option Year 3 April 6, 2028 – April 5, 2029 Option Year 4: April 6, 2029 – April 5, 2030

Unless otherwise directed by the Contracting Officer (CO).

SCOPE: The Vendor shall be fully responsible and accountable for the maintenance of all listed equipment beginning on the date specified in the Notice to Proceed. These specifications are a statement of the minimum level of work and services that are to be provided. They are not intended to be, nor shall they be construed as, limiting specifications or requirements. The vendor will perform two preventive maintenance visits for a complete checkup of the instrument. The vendor will take all measures which would be to maximize the life expectancy, maximize downtime of related systems, and ensure safe and reliable operation. A detailed report will be filled out indicating the controls performed and components replaced. The report with the checklist of activities performed will be given to and countersigned by the Laboratory Director and copy shall be saved by the awarded vendor.

All equipment shall be maintained in accordance with the manufacturers’ recommendations, the best practices of the industry, and applicable codes, standards, and regulations. If a conflict arises between these standards, the most stringent will prevail.

The Contractor shall provide a reliable and well-trained certified service technician on-site to provide non-emergent as needed repair during normal working hours, Monday- Friday, 8:00 am to 4:30 pm except for National Holiday as well as Day after Thanksgiving, Christmas Eve, and New Year’s Eve.

After 3pm on Friday, an engineer will be dispatched for service the following Monday morning. Unlimited technical assistance by vendor by telephone, web video/audio remote connection, and software upgrades. . Intervention within 24 hours in case of machine breakdown. If the service call is received. 24/7/365 Phone and including holidays. All replacement parts and PM kits needed, are covered, and included. All travel and labor expenses are included. On-site turnaround time (TAT) within 48-72 hours pending the availability of parts.

The Contractor shall provide qualified personnel with an approved vendor clearance to repair and do preventive maintenance at the medical center. If the unit needs more extensive repair and has to be shipped out, the vendor will provide pertinent shipping materials and prepaid shipping labels. Vendor will take full responsibility during this process.

All scheduled work that requires the unit to be taken out of service shall be coordinated with the COR or designee and the contractor shall report to the COTS or designee the status of equipment of systems not operating by close of each workday. Any equipment or system not operational by the official start time of the occupants shall be reported to the COR or designee by 8:00 am that day. The contractor shall be responsible for the installation of signs as related to equipment and/or systems as deemed necessary by the COR or designee.

The Contractor shall maintain the machinery spaces, shops, and storage areas in a clean and orderly manner. When work is performed in these areas, the Contractor’s personnel shall clean up all debris and leave the area in a presentable condition. The Contractor must obtain the approval of the COR or designee before storing anything in equipment areas. Operating supplies such as lubricants, rags, cleaners, etc. shall be properly secured in containers approved by the COR or designee. Storage shall not negatively impact the means of egress, fire protection systems, and emergency lighting, nor shall it significantly increase the amount of combustible material in the equipment space. Safety requirements shall be maintained as required by NFPA, the National Electrical Code and the manufacturer recommendations.

B. Performance Requirements

1. Materials to be Furnished:

The contractor shall furnish all lubricants, test equipment, cleaning supplies, parts and tools necessary to perform the work above. Only accessories, disposable items and spare parts that do not pose a technical safety risk and demonstrably comply with Medical Devices Directive 93/42/EEC (MDD) may be used. To ensure the full functionality of the WASP and Slide Prep System, we recommend using products/parts made by Copan. VA shall supply standard consumables for testing purposes.

2. Service Manuals/Tools/Equipment: The Medical Centers shall not provide tools, (test) equipment, service manuals or service diagnostic software to the contractor. The Contractor shall obtain, have on file, and make available to its stall, all operational and technical documentation (such as: operational and service manuals, schematics, and parts lists) which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name, and/or the manuals themselves shall be provided to the CO or COR upon request.

3. Report of Services/Documentation: Upon completion of any maintenance and/or repair services, the contractor shall report to the COR or designee and provide an electronic report detailing services performed and obtain an acceptable signature. Contract shall prepare and submit an electronic report on or before the third (3rd) day after service detailing all services performed. This report shall be required prior to billing. If this service report is not received, invoices shall not be paid until report is received and verified. Contractor shall maintain a complete orderly chronological file, including, but not limited to, parts list, copies of repairs required by contract, etc. This file shall be made available for inspection upon request if the Contracting Officer or COR.

4. Equipment to Be Serviced: Copan WASP and Slide Prep System

Information Security:

1. The Contractor and their personnel shall be subject to the same Federal laws, regulations, standards, and VA policies as VA personnel, regarding information and information system security. These include but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards available from the Department of Commerce’s National Institute of Standards and Technology (NIST). This also includes the use od common security configurations available from NIST’s Web site at:

http://checklists.nist.gov

2. To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in “VA Information and Information System Security/Privacy Requirements for IT Contracts” located at the following website:

http://www.iprm.oit.va.gov/Security_and_Privacy_Requirements_for_Contractors.asp

For Information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of any contingency plan for each system. The contractor’s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.

1. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500, l. Electronic Media Sanitization upon : (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

2. Bio-medical devices and other equipment or systems containing media (hard drives, optical disks etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

a. Vendor must accept the system without the drive;

b. VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

c. VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

C. GENERAL REQUIREMENTS:

1. The contractor shall provide the COR with a list of contractor employees expected to enter building. While on VA premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

2. An access badge will be given to the contractor’s employee upon entrance into VA buildings. The contractor employee must safeguard the access badge and immediately report any lost, stolen, or destroyed badges to the COR. All contract personnel must properly display their access badges. Access badges must be worn at or above the waist (facing forward) at all times in the facility. The contractor’s employees must return the access badge(s) to the COR or designee when the work is complete.

3. It is the responsibility of the contractor’s personnel to park in the appropriate designated parking areas. Parking information shall be coordinated with each facility COR.

4. RHJVAMC does not validate or make reimbursement for parking violations of the contractor’s personnel under any circumstance.

D. GOVERNMENT RESPONSIBILITIES:

The Government shall be responsible for making the equipment available to the Contractor during normal business hours 8:00 am - 5:00 pm. If there is a need for work to be done after hours, the Government will make arrangements for the Contractor to have access to the equipment.

E. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

The contractor shall be required to comply with all security policies/requirements. All security policies/requirements must be met, and employees cleared prior to the contractor performing work under this contract. Employees that cannot meet the security and clearance requirements shall not be allowed to perform work under this contract.

F. INTERFERENCE TO NORMAL FUNCTION:

Contractor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment and carts.

1. In the event of an emergency, contractor services may be stopped and rescheduled at no additional cost to the government.

2. Contractor personnel shall inform the COR or the designee of the need to gain access to secured areas. If access is required to secure areas, prearranged scheduling will be made with COR or designee.

G. CONTRACTING REQUIREMENTS

REPORTING:

For repairs or services that will be performed during normal working hours, the Contractor’s repairman must report to the Biomedical Engineering Section, G200 or by telephone at 843-789-7396, and while on station an identification badge shall be always worn. During the repair process, once the problem is identified, the vendor shall notify VA Biomedical Engineering before replacement parts are installed. After all work is completed, the Contractor’s repairman must again report to the Biomedical Engineering Section and provide a complete report of services or repairs performed for each item of equipment and must also include a listing of replacement parts, when applicable.

NOTE: Payment of invoices may be delayed if the appropriate reports are not properly completed and submitted to the Biomedical Engineering Section as required above.

HOURS OF WORK:

The contractor shall be available during normal business hours of 8:00am – 4:30pm Monday – Friday excluding Federal Holidays and weekends. If it is deemed necessary that work be done outside of normal business hours due to clinic schedule, the contract will be flexible and decide – with HTM staff – on a time that does not impact patient care.

TRAVEL:

All work is to be conducted at the Ralph H. Johnson VAMC located at 109 Bee Street, Charleston, South Carolina. The contractor is responsible for any anticipated travel and per diem.

ADDITIONAL SERVICES:

The Contractor guarantees all equipment covered in this contract shall be in optimum working condition at the contract expiration date, provided the Contractor is notified of deficiencies at least one (1) day before the contract expiration date. All changes, updates or retrofits made on any component or system shall be annotated on station equipment manuals and records. Services also include recording all routine work, corrections and repair work in the equipment log.

AUTHORIZED SERVICES:

Only those services specified within the contract are authorized. Before performing any service or repair of a non-contract nature, the Contracting Officer or his/her designee must be advised of the reason for this additional work. If appropriate, the Contracting Officer or his/her designee may authorize the additional services or repairs under a separate purchase authorization. Contractor is cautioned that only the Contracting Officer or his/her designee may authorize additional services or repairs and reimbursement will not be made unless this prior authorization is obtained.

DISCONTINUANCE OF SERVICE:

The Government reserves the right to terminate service on a particular machine meeting replacement criterion upon thirty (30) days written notice to the Contractor with payment to be prorated.

TEST EQUIPMENT:

RHJVAMC will not furnish parts and/or test equipment for the performance of this contract. It is the responsibility of the Contractor to bring the appropriate equipment and/or supplies necessary to complete the work as required within.

PERFORMANCE CONFERENCE:

If appropriate, the Contracting Officer will schedule a performance conference for contract orientation purposes with the Contractor receiving award.

SPECIAL CONTRACT REQUIREMENTS:

Vendor must follow all Department of Veterans Affairs, Joint Commission, OSHA, and NFPA regulations when working on VA equipment.

CONTRACTOR SUBMITTALS:

Within fifteen calendar days after award date, but not later than performance of the first servicing of equipment, the Contractor will furnish two (2) copies of its preventive maintenance procedures manual which will be used during the preventive maintenance services of this contract to the Contracting Officer. These manuals are required by the Government as a condition of the facility’s JCAHO accreditation and must be received before any invoice can be certified for payment.

SERVICE CONTRACTS:

Bidder shall provide in the space provided below, the name, location, and telephone number of the office where service calls are to be placed:

OBSOLETE MACHINES:

Services under a resulting contract will not cover obsolete machines where parts for such obsolete machines are not available under the original manufacturer’s commercial price list, unless mutually agreed to by the Contracting Officer and the Contractor.

ORDERS:

The Contractor’s repairman will report to the office of the Contracting Officer’s Representative (COR) prior to start of work and after completing the services required during that call. Services to be rendered will be directed by the COR and any changes must receive concurrence of the Contracting Officer and/or the COR.

CHANGES TO STATEMENT OF WORK:

Any changes to this SOW 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.

TYPE OF CONTRACT

The RHJVAMC anticipates award of a FIRM FIXED PRICE contract based on the contents of this solicitation.

INVOICES:

a. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor and submitted through Tungsten Network (formerly known as OB10) https://www.tungsten-network.com/ . A properly prepared invoice shall contain:

· Invoice Number and Date

· Contractor’s Name and Address

· Accurate Purchase Order Number

· Supply or Service provided

· Period Supply or Service Provided

· Total Amount Due

b. Please begin submitting your electronic invoices through the Tungsten Network for payment processing, free of charge.

c. If you have questions about the e-invoicing program or Tungsten Network, contact information is as follows:

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov

d. Web Address: HTTP://WWW.FSC.VA.GOV/EINVOICE.ASP

END OF STATEMENT

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Preventative Maintenance (PM) to be performed semi-annually. All replacement parts and PM kits needed, are covered, and included. All travel and labor expenses are included. On-site turnaround time (TAT) within 48-72 hours pending the availability of parts. For WASP and Slide Prep System: WASP#: 086-080-0617 WASP Slide Prep #: MX 1927530 Contract Period: Base POP Begin: 04-06-2025 POP End: 04-05-2026

Preventative Maintenance (PM) to be performed semi-annually. All replacement parts and PM kits needed, are covered, and included. All travel and labor expenses are included. On-site turnaround time (TAT) within 48-72 hours pending the availability of parts. For WASP and Slide Prep System: WASP#: 086-080-0617 WASP Slide Prep #: MX 1927530 Contract Period: Option 1 POP Begin: 04-06-2026 POP End: 04-05-2027

Preventative Maintenance (PM) to be performed semi-annually. All replacement parts and PM kits needed, are covered, and included. All travel and labor expenses are included. On-site turnaround time (TAT) within 48-72 hours pending the availability of parts. For WASP and Slide Prep System: WASP#: 086-080-0617 WASP Slide Prep #: MX 1927530 Contract Period: Option 2 POP Begin: 04-06-2027 POP End: 04-05-2028

Preventative Maintenance (PM) to be performed semi-annually. All replacement parts and PM kits needed, are covered, and included. All travel and labor expenses are included. On-site turnaround time (TAT) within 48-72 hours pending the availability of parts. For WASP and Slide Prep System: WASP#: 086-080-0617 WASP Slide Prep #: MX 1927530 Contract Period: Option 3 POP Begin: 04-06-2028 POP End: 04-05-2029

Preventative Maintenance (PM) to be performed semi-annually. All replacement parts and PM kits needed, are covered, and included. All travel and labor expenses are included. On-site turnaround time (TAT) within 48-72 hours pending the availability of parts. For WASP and Slide Prep System: WASP#: 086-080-0617 WASP Slide Prep #: MX 1927530 Contract Period: Option 4 POP Begin: 04-06-2029 POP End: 04-05-2030

Page 1 of Page 1 of

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)

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

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

(End of Clause)

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

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

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

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

(End of Clause)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-4427 Daniel W. Simms Division of | Revision No.: 27 Director Wage Determinations| Date Of Last Revision: 07/22/2024

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |Executive Order 14026 generally applies to | |after January 30, 2022, or the |the contract. | |contract is renewed or extended (e.g., |The contractor must pay all covered workers | |an option is exercised) on or after |at least $17.20 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2024. | |If the contract was awarded on or |Executive Order 13658 generally applies to | |between January 1, 2015 and January 29,|the contract. | |2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $12.90 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: South Carolina

Area: South Carolina Counties of Berkeley, Charleston, Dorchester

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 17.37 01012 - Accounting Clerk II 19.49 01013 - Accounting Clerk III 21.80 01020 - Administrative Assistant 29.66 01035 - Court Reporter 21.57 01041 - Customer Service Representative I 15.07*** 01042 - Customer Service Representative II 16.44*** 01043 - Customer Service Representative III 18.45 01051 - Data Entry Operator I 17.49 01052 - Data Entry Operator II 19.08 01060 - Dispatcher, Motor Vehicle 21.14 01070 - Document Preparation Clerk 16.03*** 01090 - Duplicating Machine Operator 16.03*** 01111 - General Clerk I 15.04*** 01112 - General Clerk II 16.40*** 01113 - General Clerk III 18.41 01120 - Housing Referral Assistant 22.43 01141 - Messenger Courier 17.29 01191 - Order Clerk I 18.51 01192 - Order Clerk II 20.20 01261 - Personnel Assistant (Employment) I 18.05 01262 - Personnel Assistant (Employment) II 20.19 01263 - Personnel Assistant (Employment) III 22.52 01270 - Production Control Clerk 27.50 01290 - Rental Clerk 17.78 01300 - Scheduler, Maintenance 17.99 01311 - Secretary I 17.99 01312 - Secretary II 20.12 01313 - Secretary III 22.43 01320 - Service Order Dispatcher 18.90 01410 - Supply Technician 29.66 01420 - Survey Worker 19.39 01460 - Switchboard Operator/Receptionist 16.58*** 01531 - Travel Clerk I 19.13 01532 - Travel Clerk II 21.36 01533 - Travel Clerk III 23.83 01611 - Word Processor I 16.50*** 01612 - Word Processor II 18.52 01613 - Word Processor III…