36C24726Q0306.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24726Q0306 2/25/2026

Janet Smith 02-27-2026 2:00pm EST

Department of Veterans Affairs W.J.B. Dorn VA Medical Center 6439 Garners Ferry Road Columbia SC 29209-1639

X 100

X

492210

$34 Million

N/A

X

See Delivery Schedule

W.J.B. Dorn VA Medical Center 6439 Garners Ferry Road Columbia SC 29209-1639

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Courier Service for Perishable Blood Components/Specimens for the Atlanta VA Medical Center and surrounding clinics.

Base plus 4 option years.

Base Year: 4/01/2026-3/31/2027 Option Year 1: 4/01/2027-3/31/2028 Option Year 2: 4/01/2028-3/31/2029 Option Year 3: 4/01/2029-3/31/2030 Option Year 4: 4/01/2030-3/31/2031

See CONTINUATION Page

X X

Janet Smith

36C24726Q0306

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE ............................................ Error! Bookmark not defined.

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (SEP 2023)

C.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...23

C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

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

Janet Smith

Department of Veterans Affairs

W.J.B. Dorn VA Medical Center

6439 Garners Ferry Road

Columbia SC 29209-1639

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X]

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:

Transaction Number:

STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Transportation of Perishable Blood Components/Specimens

2. Scope of Work: The Contractor shall provide transportation and materials required to transport perishable blood components and specimens from or to the Atlanta Veterans Administration Medical Center (VAMC) at 1670 Clairmont Road, Decatur, GA 30033 to or from the locations listed under Location of Services Provided in 5 below.

3. Type of Contract: This represents a Base plus Four (4) option years, “Firm-Fixed-Price” contract.

4. Period of Performance: 1 April 2026 through 31 March 2027.

5. Location of Services Provided:

a. VA Medical Center Blood Bank – Room 2B-168, 1670 Clairmont Road, Decatur, GA 30033

b. American Red Cross, 9851 Commerce Way, Douglasville, GA 30135

c. Dekalb Medical Center, 2701 North Decatur Road, Decatur, GA

d. Emory University Hospital, 1405 Clifton Road, N.E., Atlanta, GA

e. Grady Memorial Hospital, 80 Butler Street, N.E., Atlanta, GA

f. Northside Hospital, 1000 Johnson Ferry Road, N.E., Atlanta, GA

g. Emory Midtown, 550 Peachtree St N.W.

6. Work Hours: The contractor shall be available on a STAT (without delay) basis seven (7) days a week, twenty-four (24) hours per day including weekends and holidays. The need for blood or blood components has the potential of being a life and death situation, therefore STAT service for one (1) round trip should not exceed one hundred thirty-five (135) minutes.

7. Federal Holidays: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving

Transaction Number: 508-26-3-2043-0066

Day, and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kick-off meeting or has advised the contractor that a kick-off meeting is waived.

C. GENERAL REQUIREMENTS

1. Provide courier service to transport perishable blood products and laboratory specimens from the Decatur, GA VA Medical Center Blood Bank Department to the American Red Cross in Douglasville, GA, LifeSouth Community Blood Center in Atlanta, GA, Dekalb Medical Center, Decatur, GA, Emory University Hospital, Atlanta, GA, Grady Memorial Hospital, Atlanta, GA, and Northside Hospital, Atlanta, GA, and vice versa. The courier is responsible for providing hand-trucks for carrying multiple boxes of components.

2. One round trip is considered one (1) run and includes the pick-up and drop-off.

Approximately one (1) to four (4) trip(s) may be requested daily by VAMC Atlanta Laboratory staff.

3. PICK-UP and DROP-OFF Locations:

a. Veterans Administration Medical Center Blood Bank Department (Room 2B-168), 1670 Clairmont Road, Decatur, GA 30033.

b. American Red Cross, 9851 Commerce Way, Douglasville, GA 30135.

c. LifeSouth Community Blood Center, 4891Ashford-Dunwoody Road, Atlanta, GA 30338.

d. Dekalb Medical Center, 2701 North Decatur road, Decatur, GA.

e. Emory University Hospital, 1405 Clifton Road, N.E., Atlanta, GA.

f. Grady Memorial Hospital, 80 Butler Street, N.E., Atlanta, GA.

g. Northside Hospital, 1000 Johnson Ferry Road, N.E., Atlanta, GA.

4. Vendor is responsible for ensuring the shipping container and its contents remain sealed and at the appropriate temperature during transport: 20 to 24 degrees C for platelets and specimens, 1 to 10 degrees C for red blood cells, -18 degrees C or colder for frozen components.

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

6. The Atlanta VAMC does not validate parking nor is the facility responsible for parking violations.

7. The courier is responsible for providing the customer with his/her driver’s number for annotation on Blood Bank Courier Delivery and Tracking Roster.

8. Customer service call center should be based in the United States of America.

D. SCHEDULE FOR DELIVERABLES

If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations.

E. 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.

F. GOVERNMENT RESPONSIBILITIES [If applicable]

1. Customer must ensure boxes of components do not exceed twenty-five (25) pounds.

2. Payment will be made monthly in arrears upon receipt of a proper invoice and pending availability of FY 26 funding.

G. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

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

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

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

H. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

The C&A requirements do not apply, and a Security Accreditation Package is not required.

I. QUALITY ASSURANCE

Required Service Performance Standard Monitoring Method

• Pick-up of blood and blood components from: See Locations listed in 3a through 3g under General Requirements.

Courier must be available for product transfer 100% of the time.

COR to monitor Blood Bank courier delivery and tracking roster as well as the department Communication

• Delivery of blood and blood components to: See Locations listed in 3 a through 3g under General Requirements.

Courier must maintain shipping containers in a sealed state.

Courier must make deliveries within 135 minutes 90% of the time.

Log for delays in deliveries and unavailability.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 YR _______________

Base Plus 4 Option Years. Contract Type: Base plus Four

(4) Option Years Period of Performance: 1 April 2026 through 31 March 2027. Provide courier service to transport perishable blood products and laboratory specimens from the VA Medical Center Blood Bank Department in Decatur, GA to the American Red Cross in Douglasville, GA, other local hospitals, and vice versa in accor dance with the contract Statement of Work. This service is on a STAT basis seven (7) days per week, twenty-four (24) hours per day including weekends and holidays. STAT service for one (1) round trip should not exceed one hundred thirty-five ( 135) minutes. Approximately one (1) to four (4) trips may be requested daily by the VAMC Atlanta laboratory staff. One

(1) round trip includes the pick-up and drop-off for the following locations: VA Medical Center Blood Bank (Room 2B-168), 1670 Clairmont Ro ad, Decatur, GA 30033, the American Red Cross, 9851 Commerce Way, Douglasville, GA 30135, 4891 Ashford Dunwoody Road, Atlanta, GA 30338, and other local hospitals. Drivers must provide their own hand truck whenever more than one (1) box of blood or blood components is anticipated for pick-up and drop-off and must maintain the integrity of the containers and their contents throughout transport. Payments will be made monthly in arrears upon receipt of a properly prepared invoice and pending availability of FY 26 funds. PICK-UP AND DELIVERY LOCATIONS: 1. VA Medical Center Blood

Bank - Room 2B-168, 1670 Clairmont Road, Decatur, GA 30033 2. American Red Cross, 9851 Commerce Way, Douglasville, GA 30135 3. Dekalb Medical Center, 2701 North Decatur Road, Decatur, GA 4. Emory University Hospital, 1405 Clifton Road, N.E., Atlanta, GA 5. Emory Midtown, 550 Peachtree St NW, Atlanta, GA 6. Grady Memorial Hospital, 80 Butler Street, N.E., Atlanta, GA 7.

Northside Hospital, 1000 Johnson Ferry Road, N.E., Atlanta, GA

Contract Period: Base POP Begin: 04-01-2026 POP End: 03-31-2027

Base Plus 4 Option Years. Contract Type: Base plus Four

(4) Option Years Period of Performance: 1 April 2026 through 31 March 2027. Provide courier service to transport perishable blood products and laboratory specimens from the VA Medical Center Blood Bank Department in Decatur, GA to the American Red Cross in Douglasville, GA, other local hospitals, and vice versa in accor dance with the contract Statement of Work. This service is on a STAT basis seven (7) days per week, twenty-four (24) hours per day including weekends and holidays. STAT service for one (1) round trip should not exceed one hundred thirty-five ( 135) minutes. Approximately one (1) to four (4) trips may be requested daily by the VAMC Atlanta laboratory staff. One

(1) round trip includes the pick-up and drop-off for the following locations: VA Medical Center Blood Bank (Room 2B-168), 1670 Clairmont Ro ad, Decatur, GA 30033, the American Red Cross, 9851 Commerce Way, Douglasville, GA 30135, 4891 Ashford Dunwoody Road, Atlanta, GA 30338, and other local hospitals. Drivers must provide their own hand truck whenever more than one (1) box of blood or blood components is anticipated for pick-up and drop-off and must maintain the integrity of the containers and their contents throughout transport. Payments will be made monthly in arrears upon receipt of a properly prepared invoice and pending availability of FY 26 funds. PICK-UP AND DELIVERY LOCATIONS: 1. VA Medical Center Blood Bank - Room 2B-168, 1670 Clairmont Road, Decatur, GA 30033 2. American Red Cross, 9851 Commerce Way, Douglasville, GA 30135 3. Dekalb Medical Center, 2701 North Decatur Road, Decatur, GA 4. Emory University Hospital, 1405 Clifton Road, N.E., Atlanta, GA 5. Emory Midtown, 550 Peachtree St NW, Atlanta, GA 6. Grady Memorial Hospital, 80 Butler Street, N.E., Atlanta, GA 7.

Northside Hospital, 1000 Johnson Ferry Road, N.E., Atlanta, GA

Contract Period: Option 1

POP Begin: 04-01-2027 POP End: 03-31-2028

Base Plus 4 Option Years. Contract Type: Base plus Four

(4) Option Years Period of Performance: 1 April 2026 through 31 March 2027. Provide courier service to transport perishable blood products and laboratory specimens from the VA Medical Center Blood Bank Department in Decatur, GA to the American Red Cross in Douglasville, GA, other local hospitals, and vice versa in accor dance with the contract Statement of Work. This service is on a STAT basis seven (7) days per week, twenty-four (24) hours per day including weekends and holidays. STAT service for one (1) round trip should not exceed one hundred thirty-five ( 135) minutes. Approximately one (1) to four (4) trips may be requested daily by the VAMC Atlanta laboratory staff. One

(1) round trip includes the pick-up and drop-off for the following locations: VA Medical Center Blood Bank (Room 2B-168), 1670 Clairmont Ro ad, Decatur, GA 30033, the American Red Cross, 9851 Commerce Way, Douglasville, GA 30135, 4891 Ashford Dunwoody Road, Atlanta, GA 30338, and other local hospitals. Drivers must provide their own hand truck whenever more than one (1) box of blood or blood components is anticipated for pick-up and drop-off and must maintain the integrity of the containers and their contents throughout transport. Payments will be made monthly in arrears upon receipt of a properly prepared invoice and pending availability of FY 26 funds. PICK-UP AND DELIVERY LOCATIONS: 1. VA Medical Center Blood Bank - Room 2B-168, 1670 Clairmont Road, Decatur, GA 30033 2. American Red Cross, 9851 Commerce Way, Douglasville, GA 30135 3. Dekalb Medical Center, 2701 North Decatur Road, Decatur, GA 4. Emory University Hospital, 1405 Clifton Road, N.E., Atlanta, GA 5. Emory Midtown, 550 Peachtree St NW, Atlanta, GA 6. Grady Memorial Hospital, 80 Butler Street, N.E., Atlanta, GA 7.

Northside Hospital, 1000 Johnson Ferry Road, N.E., Atlanta, GA

Contract Period: Option 2 POP Begin: 04-01-2028 POP End: 03-31-2029

Base Plus 4 Option Years. Contract Type: Base plus Four

(4) Option Years Period of Performance: 1 April 2026 through 31 March 2027. Provide courier service to transport perishable blood products and laboratory specimens from the VA Medical Center Blood Bank Department in Decatur, GA to the American Red Cross in Douglasville, GA, other local hospitals, and vice versa in accor dance with the contract Statement of Work. This service is on a STAT basis seven (7) days per week, twenty-four (24) hours per day including weekends and holidays. STAT service for one (1) round trip should not exceed one hundred thirty-five ( 135) minutes. Approximately one (1) to four (4) trips may be requested daily by the VAMC Atlanta laboratory staff. One

(1) round trip includes the pick-up and drop-off for the following locations: VA Medical Center Blood Bank (Room 2B-168), 1670 Clairmont Ro ad, Decatur, GA 30033, the American Red Cross, 9851 Commerce Way, Douglasville, GA 30135, 4891 Ashford Dunwoody Road, Atlanta, GA 30338, and other local hospitals. Drivers must provide their own hand truck whenever more than one (1) box of blood or blood components is anticipated for pick-up and drop-off and must maintain the integrity of the containers and their contents throughout transport. Payments will be made monthly in arrears upon receipt of a properly prepared invoice and pending availability of FY 26 funds. PICK-UP AND DELIVERY LOCATIONS: 1. VA Medical Center Blood Bank - Room 2B-168, 1670 Clairmont Road, Decatur, GA 30033 2. American Red Cross, 9851 Commerce Way, Douglasville, GA 30135 3. Dekalb Medical Center, 2701 North Decatur Road, Decatur, GA 4. Emory University Hospital, 1405 Clifton Road, N.E., Atlanta, GA 5. Emory Midtown, 550 Peachtree St NW, Atlanta, GA 6. Grady Memorial Hospital, 80 Butler Street, N.E., Atlanta, GA 7.

Northside Hospital, 1000 Johnson Ferry Road, N.E., Atlanta, GA

Contract Period: Option 3 POP Begin: 04-01-2029 POP End: 03-31-2030

Base Plus 4 Option Years. Contract Type: Base plus Four

(4) Option Years Period of Performance: 1 April 2026 through 31 March 2027. Provide courier service to transport perishable blood products and laboratory specimens from the VA Medical Center Blood Bank Department in Decatur, GA to the American Red Cross in Douglasville, GA, other local hospitals, and vice versa in accor dance with the contract Statement of Work. This service is on a STAT basis seven (7) days per week, twenty-four (24) hours per day including weekends and holidays. STAT service for one (1) round trip should not exceed one hundred thirty-five ( 135) minutes. Approximately one (1) to four (4) trips may be requested daily by the VAMC Atlanta laboratory staff. One

(1) round trip includes the pick-up and drop-off for the following locations: VA Medical Center Blood Bank (Room 2B-168), 1670 Clairmont Ro ad, Decatur, GA 30033, the American Red Cross, 9851 Commerce Way, Douglasville, GA 30135, 4891 Ashford Dunwoody Road, Atlanta, GA 30338, and other local hospitals. Drivers must provide their own hand truck whenever more than one (1) box of blood or blood components is anticipated for pick-up and drop-off and must maintain the integrity of the containers and their contents throughout transport. Payments will be made monthly in arrears upon receipt of a properly prepared invoice and pending availability of FY 26 funds. PICK-UP AND DELIVERY LOCATIONS: 1. VA Medical Center Blood Bank - Room 2B-168, 1670 Clairmont Road, Decatur, GA 30033 2. American Red Cross, 9851 Commerce Way, Douglasville, GA 30135 3. Dekalb Medical Center, 2701 North Decatur Road, Decatur, GA 4. Emory University Hospital, 1405 Clifton Road, N.E., Atlanta, GA 5. Emory Midtown, 550 Peachtree St NW, Atlanta, GA 6. Grady Memorial Hospital, 80 Butler Street, N.E., Atlanta, GA 7.

Northside Hospital, 1000 Johnson Ferry Road, N.E., Atlanta, GA

Contract Period: Option 4 POP Begin: 04-01-2030 POP End: 03-31-2031

GRAND TOTAL _______________

SECTION C - CONTRACT CLAUSES

C.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

https://assist.dla.mil/ https://assist.dla.mil/

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by-

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address.

The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision) https://assist.dla.mil/feedback https://www.sam.gov/SAM/ https://www.sam.gov/SAM/

C.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(b) Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), whereby quotations will be compared to one another to determine which provides the best benefit to the Government based on the capability of the Quote to meet requirements specified in the solicitation, and the price.

Under the comparative evaluation process, the Government reserves the right to consider a quote other than the lowest price that provides additional benefit(s), and/or a quote that provides benefit to the Government that exceeds the minimum requirements of the solicitation.

Technical and past performance, when combined, are .

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

C.3 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…