36C24820Q1182f.docx

36C24820Q0941

COMBINED SYNOPSIS/SOLICITATION RFQ 36C24820Q1182

General Information

Contracting Office Address

NCO 8

ATTN: Amber Milton 10000 Bay Pines Blvd, Bldg. 2 RM 324 Bay Pines, FL 33744 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 in conjunction with Part 13, as supplemented with additional information included in this notice. This procurement is being conducted under Subpart 13.5 Simplified Procedures for Certain Commercial items. This announcement constitutes the only solicitation for this action. Quotes are being requested, and a written solicitation will not be issued.

This solicitation is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-97 effective 01-24-2018.

The Network Contracting Office 8-SAO East intends to award a fixed priced contract, providing for all supplies, materials, equipment, labor, supervision, management, disposal and transportation to perform all lawn, plant bed; grounds landscape maintenance, sidewalks and parking lots cleanup surrounding the new landscape site at Building 100. The location of this project is the C.W. Bill Young VA Medical Center (CWBYVAMC), located at 10000 Bay Pines Blvd., Bay Pines FL 33744 The associated North American Industrial Classification System (NAICS) code for this procurement is 561730 - Landscape Services $7.5M.

Prospective offerors shall be a registered in the System for Award Management (SAM) at http://www.sam.gov to be considered for an award of a federal contract, and registration shall be complete and not missing elements such as representations and certifications.

For tiered evaluation purposes, to be considered as a Service Disabled Veteran Owned Small Business (SDVOSB) or Veteran Owned Small Business (VOSB), prospective offerors shall be a verified VOSB in the VA Center for Verification and Evaluation (CVE) Veteran Information Pages (VIP) pages https://www.vip.vetbiz.gov/ at the date and time set for receipt of offers.

Set-Aside Requirement: This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127.

TIERED EVALUATIONS INCLUDING LARGE BUSINESS CONCERNS: This solicitation is being issued as tiered evaluation with the following tiers: (1) SDVOSB concerns, (2) VOSB concerns, (3) small business concerns with HUBZone small business concerns and 8(a) participants having priority; and (4) large business concerns. If award cannot be made, the solicitation will be cancelled and the requirement resolicited.

SITE VISIT: The site visit will be held next Monday, 08/03/2020, at 1:00 PM Eastern at the C.W. Bill Young VA Medical Center (CWBYVAMC), located at 10000 Bay Pines Blvd., Bay Pines FL 33744, in the parking lot directly in front of Building 100. COVID-19 screen is being conducted. In order to help mitigate the spread of COVID-19 it is requested the contractors do not enter the building. Prospective vendors are also advised they MUST wear masks to enter the Campus. Vendors are required to contact both Amber Milton at amber.milton@va.gov, and Michael Lara at Michael.lara2@va.gov to sign up for the site visit. Vendors shall meet at designated location.

It is highly recommended that Quoter’s inspect the site, investigate by observation, and Request Information via (RFI) in writing and responses through the Contracting Office to satisfy their understanding of the work to be done, all general, local and technical conditions that may affect the cost and the feasibility of their proposal. In no event, shall failure of the Quoter to inspect the site constitute grounds for a claim after the Contract Award. Quote submission is your acknowledgement that you have examined the job site and quote documents and are satisfied with the general and local conditions to be encountered; character, quality, and the Scope of Work to be performed; quantities of materials to be furnished; character, quality, and quantity of surface and subsurface materials or obstacles; and all requirements of the Contract.

VENDOR QUESTIONS: All questions regarding this RFQ must be in writing and may be sent by e‐mail to amber.milton@va.gov, Questions must be received no later than Thursday, 8/06/2020 by 1:00 PM Eastern. No further questions will be accepted after that date and time.

ANSWERS TO VENDOR QUESTIONS: Answers to vendor questions will be posted on FBO no later than Tuesday, 8/11/2020 by 1:00 PM Eastern.

You are reminded that representatives from your company SHALL NOT contact any Bay Pines VA Health Care System staff to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to Amber Milton, the Contracting Officer.

QUOTE SUBMISSION: Offers are due on/or before Friday, 8/14/2020 by 1:00 PM Eastern. Quotes shall be sent by e‐mail “only” to the Contracting Officer (Amber Milton) at amber.milton@va.gov. The Government will award a Firm Fixed Priced (FFP) contract resulting from this RFQ to the responsible vendor whose offer, utilizing the tiered evaluation procedures listed above, is the best value on a comparative assessment of the following evaluation factors under this RFQ:

Table of Contents

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Landscape Installation located at Bld 100

The Contractor shall provide all supplies, materials, equipment, labor, supervision, management, disposal and transportation to perform all lawn, plant bed; grounds landscape maintenance, sidewalks and parking lots cleanup surrounding the new landscape site at the C.W. Bill Young VA Medical Center (CWBYVAMC).

A.2 DELIVERY SCHEDULE

Page 1 of

STATEMENT OF WORK

LANDSCAPE INSTALL BLD 100

General The C.W. Bill Young VA Medical Center (CWBYVAMC) has a requirement to transform, design and install landscaping to two existing 5,120 SF, a total of 10,240 sq. ft combined fountains pools located in front of BLD 100. The Contractor shall provide all supplies, materials, equipment, labor, supervision, management, disposal and transportation to perform installation of all lawn, plant bed, irrigation and drainage sidewalks and parking lots cleanup surrounding the new landscape site at the C.W. Bill Young VA Medical Center (CWBYVAMC).

Conduct of Work All work and services under this contract must be performed in such a way that there will be minimal interruption to, interference with, the normal operation of Government business on the premises of CWBYVAMC.

The Contractor shall provide all supplies, materials, equipment, labor, supervision, management and transportation to perform all Landscaping design and installation for the CWBYVAMC. The contractor has responsibility for and must demonstrate by an inventory that he/she has all necessary equipment to perform work under this contract.

The contractor has the responsibility for designing and installing landscape, plants, rocks, plant beds, fertilizer, and initial application of insecticide materials if needed. The contractor shall develop a schedule for parking lot and project area cleanup for the approval of the contracting officer and/or his/her appointed designee within 10 days of contract award. Schedules should be developed so as not to be a hazard to employees, customers or visitors to the property. A supervisory official or equivalent must speak English to ensure effective communication.

Protection of VA and privately-owned assets and equipment is essential as contractor is responsible for any damage as a result of worker negligence. Pesticides or non-regulated waste are prohibited from being stored on-site if used during the project. Spill containment practices shall be followed when refueling equipment. Spill containment kits must be provided by the contractor; accessible to their workers or sub-contractors every time work is being performed on the property. All cost associated with properly disposing of spill clean-up on this property will be the responsibility of the contractor or his sub-contractors.

Location All worked is to be performed at the C.W. Bill Young VA Medical Center, located at 10000 Bay Pines Blvd., Bay Pines FL 33744

Period of Performance The hours approved for these services are 8am to 6pm and Monday-Saturday.

Landscape Installation will take place per the following schedule or on an as needed basis as directed by the COR.

Completed within 90 days of contract award.

Requirements:

Landscape Design Contractor is responsible for providing professional landscape design drawings to scale as part of their initial bid package, electronic rendering must be to scale of the project when rendering the landscape design proposal. The contractor will permit changes deemed necessary by BPVAHCS during the project to better accommodate the environmental needs of plants, trees and any other planted items. Changes to the design will be permitted if needed and approved by BPVAHCS.

Concrete prep and Dirt Work Contractor is responsible for the removal of any sections of top caps; walls, needed to tie into an existing adjacent sidewalk the walkway must be an ADA compliant walkway constructed of pavers laid in a heritage pattern for foot traffic in and around the botanical garden. Concrete work does require opening numerous holes in the bottom of existing 5120 square feet concrete pool areas to ensure proper drainage. Contractor will perform concrete cutting in bottom of fountain areas for large trees and drainage and ensure drainage to tie into the existing storm drain located adjacent to the pool. The contractor will install, design proper drainage for the project area. The contractor is responsible for all post-installation drainage repairs related to poor installation of drainage within the project area. All transporting, removal, delivery and installation of fill dirt and concrete will be performed by the contractor.

Plant Beds and Rock Beds The contractor will install plant beds, decorative boulders and any river rock needed.. All plant beds will have a Plant Marker describing the name of the plant. All installed plants and trees will be guaranteed for a period of 90 days to ensure good health from proper planting and irrigation for successful rooting to take place.

Mulching Plant and tree beds shall receive 3 inches of cover during installation phase. If needed some old existing mulch in the plant beds may be removed to maintain a neat appearance and maintain an even dispersing of mulch in the existing plant beds. The mulch will not exceed over the existing plant bed or planter’s boarder. Red or brown mulch will be the only approved color mulch used in the plant beds and this will be approved by the COR in advance.

Tree and Shrub Installation The Contractor must install a neat and well-maintained appearance of all plants, shrubs, and trees installed, by proper pruning, clipping, pinching back and shape maintenance. Shrubs and ground cover should be pruned as necessary to maintain a well-manicured appearance. Shrubs being installed will be pruned as needed to ensure an informal shape, fullness and bloom. No green palm fronds shall be removed. All litter will be removed by the following growth flushes. Branches will be pruned just outside the branch collar. Pruning paint will not be applied. Sucker growth will be removed by hand from the base of trees. No herbicides will be used for this purpose. All dead, diseased or unsightly branches, vines or other growth will be collected and removed by the contractor.

Paver Installation The contractor will provide a design that encompasses a minimum of 25% of the total area of pavers. Paver selection is to be made of Flagstone grey based pavers. White bases pavers are also allowed. The pavers will be laid in a heritage pattern.

Outdoor furniture The contractor will provide in the design and installation a minimum of six (three in each area) park-like benches to compliment the landscape design and match the facility’s current benches as close as possible.

Outdoor Lighting System The contractor will install accent lighting to illuminate all major features including large plants and trees. The contractor will install path lights in accordance with all landscaping design professional standards which will provide illuminated walkway during nighttime hours.

Irrigation system The contractor will install, inspect and test all components and zones in the irrigation system which will be hooked into existing water 2” water supply with approximately 60 PSI and 150 GPM at the pool site. Minor adjustments and repairs such as head/emitter cleaning, replacement, filter cleaning, small leaks and minor timer adjustments shall be made by the contractor. Any parts needed, will be replaced under the irrigation system warranty unless it is found that damage was due to contractor non-performance or negligence, and then the contractor would be responsible for the cost of those parts during weekly maintenance. Proper drainage must be installed by contractor with a tie into the exsisting storm drains located adjacent to the pools. The contractor will note and report to COR any symptoms of inadequate or excessive irrigation, drainage problems, etc. Upon expiration of the irrigation system warranty, repairs to the system beyond the above scope will be negotiated at the time of occurrence. The government is not obligated to use the contractor for repairs to the system above those stated in the contract. The Contractor is responsible for replacing any and all grass, plants, shrubs, trees, to include palms trees that die from lack of irrigation due to negligence by the contractor.

Trash/Debris Removal The Contractor must perform general litter patrol on all grounds which surround the project’s perimeter. Responsibilities will include, but will not be limited to, the removal and disposal of all-natural debris (tree limbs, dry brush, rodent habitats, dead animals, etc.) and manmade debris. All grass clippings must be properly removed and disposed of offsite (not in the office dumpster). Sidewalks and paved areas must be cleaned of all lawn clippings. Contractor equipment staging areas in parking Lots/areas, walks, curb-gutter, sidewalks and concrete flatwork must be kept debris free (includes bark debris, dust and dirt), with the debris properly removed and disposed of offsite. Removal of debris and policing of grounds will be concurrent with installation schedule.

Storm Drains Storm drains will remain clear of mulch and debris to allow for adequate flow of water.

Sidewalks and Entrance ways Sidewalks, entrance ways, and parking lots shall be kept clear of debris by the contractor. A parking lot A maintenance plan will be provided by the contractor to perform cleanup of project areas ; paid for by the contractor, shall be used at a minimum once per month during installation and construction and services coordinated through the COR. Tasks shall be conducted on Monday-Saturday, between 8am and 6pm.

Schedule and Requirements

Requirements The contractor has responsibility for and must demonstrate by an inventory that he/she has all necessary equipment to perform work under this contract.

A supervisory official or equivalent must speak English to ensure effective communication.

The Contractor must include with the offer package, certification or license for any and all employees that will be handling or applying pesticides if applicable, in performance of this Statement of Work to be considered for award.

All debris will be picked up prior to use of groundbreaking and ground maintenance equipment or picked up afterwards if visible. All debris from grass installation, tree installation, palm fronds, plants, etc. will be removed from the property at time of service at the expense of the contractor. The contractor is responsible to repair any damages that they or all their sub-contractors may cause at the expense of the contractor.

The Contractor shall promptly remove from the work site any supervisor or employee whose work or conduct is not satisfactory to the COR. The Contractor’s supervisor shall be in charge of the work on behalf of the Contractor. The Contractor shall enforce strict discipline and good order among the Contractor’s employees. The Contractor shall exercise the necessary supervision and control to prevent Contractor’s employees from violating any rules and regulations.

Specific of Services The Contractor will be responsible for satisfactorily designing and installing exterior landscape to a trees, plants, rocks, ground coverage such but not limited to Bamboo, Mammy Croton, Society Garlic, Silver Buttonwood Trees (minimum 25 gal), Jatropha, Allemanda, Alexander Palm (minimum of 8 feet in trunk), Bougainvillac, Crape Myrtle, Crinum Lilly, Queen Emma Crinum Lily, Procumbins Nana, Adonidia Palm, Nora grant Ixora, Lemon Grass, Grass and/or artificial turf at the CWBYVAMC, Bay Pines, Florida. Exterior grounds consist of lawns, native grass areas, gravel, plant beds, parking lot, walks, driveways and curb. The Contractor must provide all labor, tools, equipment, supervision, herbicides, fertilizer, transportation and any other material or services necessary, to install the landscaping and grounds in such a manner to present a neat and well-maintained appearance. All products used are to be environmentally friendly and a list and Material Safety Data Sheets (MSDS) of these products will be supplied to the MIC for approval. The products are to be non-toxic, biodegradable, and made from renewable sources (not petroleum) to promote a healthy and green environment when possible. The MSDS must be provided by the contractor to the COR where the information will be kept on file in accordance with applicable guidelines of the OSHA Hazard Communications Standard. Requirements pertaining to recordkeeping will be strictly followed, with copy(s) provided to COR as necessary and upon request.

Inspections Contractor is responsible for oversight of all work and must perform and document monthly quality control inspections and provide to COR to ensure compliance with all provisions within the contract. The criteria and frequency of reporting will be determined upon contract award.

Circumstances to Be Reported:

The Contractor or Contractor’s employees shall report any circumstances of needed repair of the facility or unusual soiling of an area which may affect the performance of the work, present unhealthy or hazardous conditions. In addition, report those which may create any delays or interference with the work caused by the employees of the Government. Such report shall be made immediately upon discovery by the Contractor to the COR.

Emergency and Special Event Services Upon notification by the contracting officer, the contractor shall perform emergency or special event grounds maintenance required in areas covered under this contract for 180 days after installation. Upon notification of an emergency, the contract manager shall respond within one (1) hour to meet with the COR and initiate emergency services. Upon receiving direction by the COR. contractor personnel shall begin emergency work within two hours. The contracting officer will notify the contractor as soon as a special event requirement is known, but no less than 24 hours prior to the event.

Quality Control The contractor shall develop, submit for contracting officer approval, and maintain a quality program to ensure landscaping design and installation services are performed in accordance with established standards of Professional Grounds Management Society (PGMS), National Arborist Association, American Society of Landscape Architects, and the local county extension office. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum the contractor shall develop quality control procedures addressing the areas identified in paragraph 2, Service Delivery Summary.

Quality Assurance The government will periodically evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan.

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 the 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 COR at the conclusion of the task order.

1. The CO or COR will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the 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.

1. 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 or COR.

Safety and Security It is agreed that the Vendor shall meet all local, state and federal safety requirements during the entire contract period. All materials must be securely transported with straps or chains in accordance with all local, state, and Federal Department of Health Regulations. Any work stoppages directed by the CO, COR, Facility Safety Officer or VA Police due to safety or security violations by the contractor or his designated sub-contractor, will be promptly corrected. The corrective action shall be reported to the CO or COR prior to permission being granted to recommence work.

Damage to Government Property:

a. Contractors shall be responsible for replacement of any structure, to include building glass, turf, curb, road pavement, headstone or marker, valve boxes, control markers, sprinkler heads, which is chipped, marred, damaged and/or ruined at the fault of the contractor. The contractor shall bear all costs associated with replacement and reinstallation. Any such damage shall be brought to the immediate attention of the appointed COR prior to repair/replacement/installation.

b. At the Government's discretion, the contractor shall either repair or replace the property, or reimburse the Government the full amount for all property damage(s). The contractor shall be aware that Government property - beyond standard structures and equipment - also includes monuments, trees, beds, and turf (i.e., wounded trees or damaged turf).

Government holidays:

The contractor is not required to provide service on the following National holidays, nor shall the contractor be paid for these holidays.

Landscape Design and Install

Maintain Trees, Shrubs, Broadleaf Evergreens, Hedges, and Perennial Flowers

Maintain Irrigation System and Replace Parts

Police Grounds of Trash and Litter

Pest Control

Invoices:

All invoicing by the Contractor for this contract will be submitted to: VA Financial Service Center, 149971, Austin, TX 78714-9971.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

(End of Clause) C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (MAR 2020) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated…