36C24725Q0721.docx

36C24725Q0721

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

509-25-4-5102-0030 36C24725Q0721 06-19-2025 Marcus Watts 334-725-3166 07-01-2025 1:00

EDT

Department of Veterans Affairs Central Alabama Veterans Health Care 215 Perry Hill Road Montgomery AL 36109-3798 X X 561790 $9 Million N/A X Department of Veterans Affairs Augusta VA Medical Center 1 Freedom Way Augusta GA 30904 Department of Veterans Affairs Central Alabama Health Care System East Campus 2400 Hospital Road Tuskegee AL 36083-5001

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Contractor shall provide all material, labor, chemicals and Spa tub Uptown(bld.110) and the pool located downtown (bld.801). The pool areas shall also be included in this contract.

This is a Service-Disabled Veteran Owned Small Business set-aside.

VA Notice of Limitations on Subcontracting - Certificate of Compliance: To be eligible for evaluation and consideration for award, offerors must return the entire Limitations on Subcontracting Certificate of Compliance clause containing a fully completed certification at the time offers are due or the offer will be rejected and not forwarded for evaluation.

In addition to completing the offeror ‘fill-in’ requirements for this clause, offerors must insert the offeror’sname in the brackets containing the following verbiage “[Insert Name of Offeror]” to have a fully completed certification.

See CONTINUATION Page x X x Marcus Watts Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

Left Blank Intentionally

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 Marcus Watts Department of Veterans Affairs 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:

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STATEMENT OF WORK

Pool and Spa Maintenance - BLDG 801 and BLDG 110

1. GENERAL INTENTION. The intent of this solicitation is to obtain a Base plus 4 Option Years of Maintenance and Balancing of chemicals in 2 Therapeutic pools and 1 Spa tub at the Charlie Norwood VA Medical Center (CNVAMC). Uptown and Downtown Division Augusta. Georgia 30901.

l.2. SCOPE OF WORK:

Contractor shall provide all material, labor, chemicals and supervision, to clean and sanitize the pool and Spa tub Uptown(bld.110) and the pool located downtown(bld.801). The pool areas shall also be included in this contract (clean, scrub, and sanitize the floors and walls 6-foot-high, clean and polish handrails, vacuum pool, clean glasses in the pool downtown with alcohol, clean and polish wood siding on pool downtown. Vendor shall be responsible for cleaning all strainers and backwashing of filters/cleaning paper filters on filtration systems. Pool shall be drained yearly downtown and refilled, tested and balanced at a determined time that shall meet vendor and gov. time. Vendor shall always be responsible to maintain a balanced pool. Vendor shall provide test equipment for both locations for employees to do daily testing.

Only certified vendors can perform this service.

2. PERFORMANCE:

2.1 Hours of Service:

Work is to be done between the hours of 7:00a.m. and 4:30p.m. (unless special arrangements are made in advance), Monday through Friday, excluding holidays.

Federal Holidays New Year’s Day January 1st Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day Last Thursday in November Christmas Day December 25th

2.2. REPORTING:

The contractor's technicians are to report to the supervisor (DD — William Hallman 706-733-0188 x 33356), to report/sign-in and obtain an identification badge. which shall always be worn while the technician(s) are on station.

2.3 SCOPE

Unless otherwise specified. all contract work is to be performed on site and the workspace shall be left clean and free of tools and debris tor staff usage. Exceptions being legal government holidays as follows:

UPTOWN location:

1. For All Visits by Contractor:

Contractor (or Representative) shall sign-in at Engineering Department office, Bldg. 110, Uptown Division, GA136, telephone 733-0188 ext. 6051. Contractor shall also sign-out before leaving and present service ticket for all work performed. Failure to follow these procedures may result in delay of payment of on-payment. Vendor shall report to Jessie Hutton for the Uptown Facility and James Jarriel for the Downtown Facility. Vendor is required to have a VA ID badge when working on VA property. Vendor shall be escorted by a Government employee when changing out the filter on Feeder Filter.

2. Maintenance:

1. Preventive Maintenance (P.M.) shall be performed by a certified pool service technician w /CPT Certification. These service individuals must be trained on all items listed in the equipment schedule. Documentation of certification must be provided to the Contracting Officer with solicitation.

3. Maintenance includes the following:

a. Draining, cleaning, and refilling therapeutic spa (to include handrails) on Wednesday.

1. Cleaning scum line and handrails on swimming pool on Wednesday.

1. Vacuuming pool on Wednesday.

1. Checking for correct chemical balance on Wednesday.

e. Vendor shall notify Engineering Department Wednesday of the need to adjust chemical balance as needed. (Vendor shall supply and store all chemicals). (cannot store chemicals on site).

f. Obtaining water samples from therapeutic spa and swimming pool and submitting computerized analysis to Contracting Officer’s Technical Representative (COTR).

g. Vendor shall clean all ceramic tile floors in the entire pool and spa area and clean grates in overflow area every week. Floors and walls (6’ high) are to cleaned using appropriate floor cleaning and sanitization to remove all residue /dirt.

Cleaning must meet approval of the Kinesiotherapy (KT) Department Manager.

h. Engineering Department shall assist vendor with cleaning and backwashing of filters on pool and spa as needed.

Division and appropriate chemical levels as to ensure compliance with Infection Control requirements. In addition, vendor shall provide on-site the necessary chemicals for maintaining chemical levels. The vendor shall maintain and average inventory of chemicals.

4. Equipment to be covered under this contract:

· Feeder /Make and Model #: Hayward C3351 Location: GD100-110

· Filter /Make and Model #: Waterco WH RV-36 Location: GD100-110

· Swimming Pool /Make and Model # Therapeutic Pool, 28’W x 60’L x 4’D, holds 50,266 gallons, Located in Bldg. 110 Room 1G137

· Therapeutic SPA /Make and Model #: Therapeutic Tub Spa, 7’.6” W x 11’L x 3’D, 1,851 gallons, located in Bldg. 110 Room 1G137

5. Contractor Responsibilities

· Vendor is responsible for any equipment damage, replacement parts and repair during service visit.

· Vendor and government shall agree upon and changes to schedule dates.

· Vendor shall respond to all emergency within 4 hours of being notify.

· Vendor shall be notified of any changes

· Chlorine/ PH levels remain within acceptable range according to CPT Certification.

· Vendor shall provide Weekly test and status reports to the CORs.

· Vendor shall provide test strips to comply with all internal testing results provided by the government.

6. Governments Responsibilities:

· Government is responsible of Maintenance on all pumps, heaters and valves

· Government shall ensure that all Equipment is working properly.

· Government shall notify vendor in a timely manner for all Emergencies

· Government shall perform a daily internal test to verify Chlorine/ PH levels remain within acceptable range

7. Maintenance includes the following:

a. Vendor shall be cleaning scum line and handrails on swimming pool.

b Vendor shall clean all ceramic tile floors in the entire pool and spa area and clean grates in overflow area every week. Floors and walls (6’ high) are to cleaned using appropriate floor cleaning and sanitization to remove all residue /dirt.

DOWNTOWN Location:

1. For All Visits by Contractor:

Contractor (or Representative) shall sign-in at Engineering Department office, Bldg. 801, Downtown Division, 1B173, telephone 733-0188 ext. 3356. Contractor shall also sign-out before leaving and present service ticket for all work performed. Failure to follow these procedures may result in delay of payment or on-payment. Vendor shall report to Jessie Hutton for the Uptown Facility and William Hallman for the Downtown Facility. Vendor is required to have a VA ID badge when working on VA property. Vendor shall be escorted by a Government employee when changing out the filter on Feeder Filter.

2. Maintenance:

1. Preventive Maintenance shall be performed by a certified pool service technician with CPT Certification. These service individuals must be trained on all items listed in the equipment schedule. Documentation of certification must be provided to the Contracting Officer with solicitation.

3. Maintenance includes the following:

a. Cleaning, and (to include handrails) on Wednesday.

1. Cleaning scum line and handrails on swimming pool Wednesday.

1. Vacuuming pool on Wednesday.

1. Checking for correct chemical balance on Wednesday.

e. Vendor shall notify Engineering Department Wednesday of the need to adjust chemical balance as needed (Vendor shall supply and store all chemicals). (no chemicals shall be stored on site).

f. Obtaining water samples from swimming pool and submitting computerized analysis to Contracting Officer’s Technical Representative (COTR).

g. Vendor shall clean all ceramic tile floors in the entire pool area and clean grates in overflow area every week. Floors and walls (6’ high) are to cleaned using appropriate floor cleaning equipment such as scrubbing pad to remove all residue /dirt.

4. Equipment to be covered under this contract:

· Feeder/Make & Model #: Hayward CL 220 Location: 1H104L-801

· Filter/Make & Model #: Pentair 150sq ft. Sta-Rite Cartridge Location: 1H104L-801

· Swimming Pool /Make and Model # Unprinted Vinyl Lining Therapeutic Pool, 18’W x 30’L x 4.2’D, 16,877 gallons in Room 1H104L

5. Contractor Responsibilities

· Vendor is responsible for any equipment damage, replacement parts and repair during service visit.

· Vendor and government shall agree upon and changes to schedule dates.

· Vendor shall respond to all emergency within 4 hours of being notify.

· Vendor shall be notified of any changes to equipment

· Chlorine/ PH levels remain within acceptable range according to CPT Certification.

· Vendor shall provide Weekly test and status reports to the CORs.

· Vendor shall provide test strips to comply with all internal testing results provided by the government

6. Government Responsibilities:

· Government is responsible for Maintenance on all pumps, heaters and valves.

· Government shall ensure that all Equipment is working properly.

· Government shall notify vendor in a timely manner for all Emergencies.

· Government shall perform a daily internal test to verify Chlorine/ PH levels remain within acceptable range

7. Maintenance includes the following:

a. Vendor shall clean scum line and handrails on swimming pool weekly.

b. Vendor shall clean all ceramic tile floors and 6-foot-high for walls in the entire pool area and clean grates in overflow area. Floors are to scrub using appropriate floor cleaning equipment such as to remove all residue /dirt. (Clean tub, rail, and clean all handrails, steps and tile on the pool).

This service is to be performed weekly Cleaning must meet approval of the SCIU Department Manager.

8. Emergency calls that include accident in pools A. Conditions relating to Emergencies (2 calls per year under contract)

1. User/patient accident while using pool to include the presence of feces or vomit.

2. Drastic loss of water or injection equipment failure or malfunction.

INVOICES: Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR), and submitted electronically through OB-10.

A properly prepared invoice will contain:

· Invoice Number and Date

· Contractor’s Name and Address

· Accurate Purchase Order Number

· Supply or Service provided

· Total amount due

RECORDS MANAGEMENT AND CONTRACT SECURITY

1. A. Contractor shall comply with VA Handbook 6300.1 Records Management Procedures and VA Handbook 6500.6 Contract Security. Both can be found at:

https://www.va.gov/vapubs/search_action.cfm?dType=2 **Note: This link is the complete list of VA Handbooks and are in sequential order.

**Instructions for accessing VA Handbooks at link listed above:

· • Click on link above and once it is opened, please scroll down on the left side until you get to VA Handbook 6300.1.

· • Once there, go to the PDF Format Column and click on PDF.

· • VA Handbook 6300.1 will then ask you to open or save the document.

B. Please follow the same instructions listed above for accessing VA Handbook 6500.6.

· All contractor employees working on this requirement are required to complete mandatory annual training entitled, “VA Privacy and Information Security Awareness” and “HIPPA Training” prior to providing service for each year of the contract with copies sent to the COR for each and available for audit as requested. The course numbers are VA10203 and VA 10176. You must select that you are a contractor. Contractor employees are to self-enroll into TMS via the link: https://www.tms.va.gov/learning/user/SelfRegistrationUserSelection.do

· A VA employee will escort the contractor when contractor is required to enter/work in sensitive areas.

B9. IDENTIFICATION, SMOKING AND VA REGULATIONS

The Contractor's FSE shall wear visible identification always while on the premises of the Augusta VA Medical Center. Contractor shall contact the Contracting Officer’s Representative (COR) upon contract award, to receive instructions on how to obtain a VA Identification Badge during the performance of this contract. Augusta VA Medical Center is a smoke free campus which includes both tobacco and e-cigarettes; tickets can be issued by Police Services. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court. Photography or Video on medical center premises is strictly prohibited. Additionally, pursuant to 38 CFR 1.218(b) (23) Use of recording devices of any kind to record patients or employees is strictly prohibited.

1. PERFORMANCE MEASURES

Performance measures are comprised of performance indicators (some characteristic of a deliverable that can be measured) and performance measures (a mark, measure or benchmark that government personnel use as a point of comparison when evaluating contractor performance). The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these measures.

The Government shall use these measures to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

2. INCENTIVES AND DISINCENTIVES

There are no incentives or disincentives. The Government shall use the scoring methods above for continuing contract performance.

3. METHODS OF QUALITY ASSURANCE SURVEILLANCE

Various methods exist to monitor performance. The COR may use any surveillance methods listed below in the administration of this QASP.

a. DIRECT OBSERVATION: The COR can perform periodically or through 100% surveillance.

b. PERIODIC INSPECTION. The COR evaluates outcomes on a periodic basis. Inspections may be scheduled daily, weekly, monthly, quarterly, or annually or use unscheduled inspections.

c. USER SURVEY: This method combines elements of validated user complaints and random sampling. Random survey is conducted to solicit user satisfaction. The COR may also generate inspections and sampling.

d. VALIDATED USER/CUSTOMER COMPLAINTS. This method relies on the patient to identify deficiencies. Complaints are then investigated and validated.

e.100% INSPECTION. The COR may evaluate all outcomes.

f. RANDOM SAMPLING. This is designed to evaluate performance by randomly selecting and inspecting a sample of cases.

g. Progress reports or status meetings. The COR will analyze contractor's progress reports. (Evaluate cost, schedule, etc.)

4. RATINGS

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral or negative outcome. The following ratings shall be used: 100% is positive, 95% is neutral, and 90% is negative.

5. DOCUMENTING PERFORMANCE

a. ACCEPTABLE PERFORMANCE (100% RATING) The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.

b. UNACCEPTABLE PERFORMANCE (90% RATING) When unacceptable performance occurs, the COR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.

When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the contractor and a copy to the Contracting Officer.

Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the Contracting Officer.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

PROVIDE ALL LABOR AND MATERIALS NECESSARY TO COMPLETE POOL & SPA MAINTENANCE IN ACCORDANCE WITH THE STATEMENT OF WORK AND THE TERMS AND CONDITIONS OF THE CONTRACT.

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026

PROVIDE ALL LABOR AND MATERIALS NECESSARY TO COMPLETE POOL & SPA MAINTENANCE IN ACCORDANCE WITH THE STATEMENT OF WORK AND THE TERMS AND CONDITIONS OF THE CONTRACT.

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027

PROVIDE ALL LABOR AND MATERIALS NECESSARY TO COMPLETE POOL & SPA MAINTENANCE IN ACCORDANCE WITH THE STATEMENT OF WORK AND THE TERMS AND CONDITIONS OF THE CONTRACT.

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028

PROVIDE ALL LABOR AND MATERIALS NECESSARY TO COMPLETE POOL & SPA MAINTENANCE IN ACCORDANCE WITH THE STATEMENT OF WORK AND THE TERMS AND CONDITIONS OF THE CONTRACT.

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029

PROVIDE ALL LABOR AND MATERIALS NECESSARY TO COMPLETE POOL & SPA MAINTENANCE IN ACCORDANCE WITH THE STATEMENT OF WORK AND THE TERMS AND CONDITIONS OF THE CONTRACT.

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030

VA247-13-C-0189

VA247-13-C-0189

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SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

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

(End of Clause)

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

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Supplies/products.

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

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

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

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

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

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

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