36C24821Q0146_1.docx

Contract Opportunity Combined Synopsis/Solicitation Notice

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice Q201

673 | HOME OXYGEN DELIVERY

JAMES A. HALEY VETERANS HOSPITAL, TAMPA FLORIDA

Tiered Solicitation to include Small Business 33637 36C24821Q0146 11-09-2020 15:00

EASTERN TIME, NEW YORK, USA

N

SDVOSBC

621610 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 Contracting Officer Melva Stennis melva.stennis@va.gov 813-631-2853 James A. Haley VA Healthcare System Tampa

FL

33612 https://va.gov Department of Veteran Affairs melva.stennis@va.gov

673 | JAMES A HALEY HOME OXYGEN DELIVERY, TAMPA FL

TIERED EVALUATION TO INCLUDE SMALL BUSINESS

COMBINED SYNOPSIS/SOLICITATION 36C24821Q0146

General Information

Contracting Office Address

NCO 8

ATTN: Melva Stennis Melva.stennis@va.gov

SOLICITATION NOTICE OF TIERED EVALUATIONS.

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. Canceled solicitation document will not be issued.

This solicitation (36C24821Q0146) is a re-issue of Solicitation #(36C24820Q0806) and is re-issued as a Request for Quotations (RFQ) using Tiered Evaluation Procedures.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition (FAC) FAC 2020-09, dated 10-26-2020.

This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127. TIERED EVALUATIONS INCLUDING SMALL BUSINESS CONCERNS: This solicitation is being issued as a tiered evaluation for SDVOSB concerns, or in the alternative, a tiered evaluation for VOSB concerns, or in the alternative, a set-aside for other small business concerns with HUBZone small business concerns and 8(a) participants having priority. The associated North American Industrial Classification System (NAICS) code for this procurement is 621610 with a small business size standard of $16.5M. The FSC/PSC is Q210.

All Quoters must be verified in the Vendor Information Pages, https://www.vip.vetbiz.gov/Default.aspx and registered in the System for Award Management (SAM) database, see https://beta.sam.gov and complete the online Reps and Certs. Amendments to the RFQ will be posted to this website only. All Quoters must obtain amendments at this website; hard copies will not be mailed. The contractor must ensure that we receive the quote on time; NO late quotes will be accepted/ considered. The point of contact is Melva Stennis, Contract Specialist, email: melva.stennis@va.gov

The Network Contracting Office 8, SAO East intends to award a fixed priced requirements contract for Home Oxygen Services to include supplies, materials, equipment, supervision, management, transportation, safety management, infection control, repairs, maintenance and in-service for patients to include patient education.at multiple locations throughout the James A. Haley Veterans Affairs Medical Center’s area of responsibilities.

VENDOR QUESTIONS: Questions must be received no later than November 16, 2020 at 3:00 PM EST. No further questions will be accepted after that date and time.

ANSWERS TO VENDOR QUESTIONS: Answers to vendor questions will be posted to Contract Opportunities on November 17, 2020 at 3:00 PM EST.

You are reminded that representatives from your company SHALL NOT contact any James A Haley VA Health Care System personnel to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer in writing and may be sent by e-mail to melva.stennis@va.gov

QUOTES: Quotes are due by 3:00 P.M. EST on November 18, 2020. Quotes received after this date and time will be considered late. Quotes shall be submitted via email to melva.stennis@va.gov.

Quoters shall review the below Performance Work Statement (PWS) and provide a price using the following Price/Cost Schedule.

A.1 PRICE/COST SCHEDULE

Base Year – 12-1-2020 to 11-30-2021

Option Year 1 – 12-01-2021 to 11-30-2022

Option Year 2 – 12-01-2022 to 11-30-2023

Option Year 3 – 12-01-2023 to 11-30-2024

Option Year 4 – 12-01-2024 to 12-01-2025

PERFORMANCE WORK STATEMENT (PWS)

HOME OXYGEN LIQUID DELIVERY PERFORMANCE WORK STATEMENT (PWS)

1. GENERAL:

1.1. The James A. Haley Veterans’ Hospital requires the following estimates:

1.2. The Contractor will maintain 400 Aluminum E Oxygen Cylinders for VA use during Hurricane season. NOTE: Hurricane Season for this contract is defined as June 1 through November 30.

1.3. Rental of a Liquid Oxygen System; the item must be no more than 2 years old.

NOTE:

b.1- Secures 2 portable liquid systems with canula, carrying bag or portable transport cart.

b.2 - H tanks, regulator, and stand. (VA will supply regulator and stand)

1.4. Delivery Address:

Home Respiratory Care Program 5910-E Breckenridge Park Tampa, FL. 33610

1.5. The quantities shown in the solicitation schedule are estimate of the annual requirements. There is no express or implied guarantee that these quantities will be purchased. The contract will include one a base year and four (4) one-year option renewal periods. The labor rate schedule shall include rates during normal and after business hours. The required response time of the unscheduled work requests shall dispatch within two (2) hours.

PERMITS AND LICENSES - The contractor shall provide copies of permits and licenses required by Federal, State and local laws, regulations and ordinances demonstrating that they are in fact qualified by training and experience to perform the required work. Documents provided at time of award.

CONTRACTOR AND CONTRACTOR PERSONNEL - The contractor shall submit (training records, qualifications) for each of its employees to indicate proper training and certification. The contractor shall have sufficient personnel available to respond to unscheduled service requests.

1.6. Trained and qualified Contracting Officer Representatives (COR’s) RT and Administrative will be designated. The COR’s responsible for local contract administration issues. A letter of delegation that outlines the COR’s specific responsibilities will be provided to the contractor and COR at the time of contract award. Within 10 days after contract award, the contractor shall contact the COR to discuss the ordering process and clarify the details for delivery that are included in the solicitation schedule. If agreement cannot be reached between the contractor and COR regarding any issue, the matter shall be referred to the Contracting Officer for resolution. Contractor shall provide 24/7 emergency contact name(s) and telephone number(s).

2. ACRONYMS:

This section lists acronyms that are used in the Statement of Work and other parts of the solicitation.

CCF – 100 cubic feet CF – Cubic feet CGA – Compressed Gas Association CGMP – Current Good Manufacturing Practices CO – Contractor owned COR – Contracting Officer Representative DOT – Department of Transportation FDA – U.S. Food & Drug Administration GO – Government owned HRCP-Home Respiratory Care Program NFPA – National Fire Protection Association OSHA – U.S. Department of Labor, Occupational Safety and Health Administration POC-Point of Contact SCF – Standard Cubic Feet USP – United States Pharmacopoeia VA – Department of Veterans Affairs VA – Department of Veterans Affairs

3. CONTRACTOR RESPONSIBILITIES:

4. INSTALLATION OF CONTRACTOR-OWNED EQUIPMENT:

5. DELIVERY OF MEDICAL GRADE OXYGEN:

5.1. The contractor shall deliver medical-grade oxygen. Delivery shall be Monday through Friday. Saturday deliveries will be managed by HRCP. If for any reason the contractor is unable to deliver at the agreed upon day or time, the contractor will provide 12-hour notice to the COR. The Contractor will find an alternate source and initiate its backup plan. All deliveries must be monitored by a qualified and trained contracting representative (COR). Contractor will be provided with names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution.

Patient Identification: use at least two (2) ways to identify veteran. Veteran should be asked to state full name and date of birth. If this is not possible, the patient or caregiver must give the full name and date of birth and VA card.

Documents on deliveries will be provided to the facility representative on a quarterly basis.

Document will be counter-signed by the facility representative supervising the delivery. Prosthetics will audit monthly invoices against current prescription submitted by contracted vendor.

5.5. The contractor shall have an emergency response plan that provides for emergency deliveries of oxygen within 6 hours after notification, 24 hours a day, 7 days a week, in accordance with the contract. Contractor shall provide emergency plan on date of contract

6. QUALITY ASSURANCE SPECIFICATIONS AND REQUIREMENTS:

6.1. All medical gas manufacturers and fillers of medical gases shall be registered with FDA as drug manufacturers. All oxygen shall be manufactured, processed, packed, transported, and stored according to FDA’s Current Good Manufacturing Practices (CGMP) regulations, and all labeling shall comply with FDA’s labeling regulations (21 CFR Part 201).

6.2. All oxygen delivered under the contract shall be medical-grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (U.S.P.).

6.3. A valid certificate of analysis shall be provided with each delivery of oxygen. The certificate shall include, at a minimum

a) Supplier’s name and complete address

b) Name of the product (i.e. Oxygen U.S.P.)

c) An air Liquid faction Statement where appropriate

d) Lot number or other unique identification number

6.4. Material Safety Data Sheets shall be provided to the facility COR, HRCP Operations Manager or designee at the beginning of the contract period and upon request.

6.5. A copy of all inspection reports conducted by OSHA, JC. Or any other regulatory agency shall be delivered to the facility COR, HRCP Operation Manager or designee upon the completion of any oxygen system inspections that are required by regulation.

6.6. Contractor needs to provide service within 2 to 3 weeks of the signed contract to switch out or purchase 500 to 550 H Tanks that are owned by the outgoing contractor. Contractor should not have interruption of service to veterans during this process.

Contractor shall participate in quarterly QA meeting held at the VA or Contractors location. During the QA meeting the contractor shall provide an inventory of equipment, a detailed list of disposed equipment/supplies processed. Contractor shall provide quarterly patient satisfaction surveys that include thresholds and a plan for improvements if thresholds are not met.

Contractor shall also provide a current copy of their QA plan, hand hygiene monitoring, influenza vaccination program and documentation of all employee training/competencies in the performance of servicing Liquid Oxygen. Report any known patient incidents of death, accident, injury or infection related to equipment. Contractor shall report accidents, safety hazards and injuries.

Infection Control- Contractor shall have a hand Hygiene program in accordance with the CDC. Contractor shall asses its compliance through a comprehensive program that provides hand hygiene policy, fosters a culture of hand hygiene, and monitors compliance and provides feedback. Hand Hygiene program shall include thresholds and a plan for improvements if thresholds are not met. The Contractor shall provide documents of performance of hand hygiene compliance to the COR on a quarterly basis.

Contractor shall have an Influenza Vaccination Program, Contractor shall have an Influenza program for staff, set incremental goals for meeting the 90% target, measure and improve influenza rates for the staff and licensed independent practitioners. The Influenza Vaccination program shall include thresholds and a plan for improvements if thresholds are not met. The contractor shall provide documentation of performance of influenza vaccination program compliance to the COR on a quarterly basis.

7. QUALIFICATIONS AND TRAINING:

7.1. The contractor shall provide records of training and competency assessment of contractor personnel involved with the performance of this contract. All new contractor personnel will have completed all required training prior to delivery of oxygen. Documentation will be provided to the VA COR and the HRCP Operations Manager.

8. APPLICABLE REGULATIONS & STANDARDS:

8.1. Listed below are some of the regulations and standards that are applicable to this contract. The list is not comprehensive, and the contractor is responsible for ensuring that all products, equipment and services provided under the contract are in compliance with applicable Federal, State, and local regulations. Contractor shall remain compliant with any future revisions that are effective at the time of contract performance

8.1a. Title 21, Code of Federal Regulations.

8.1b. Parts 210 & 211 – CGMP regulations for supplying medical-grade oxygen. (FDA)

8.1c. 49 CFR – Transportation of Oxygen.

8.2. The Contractor shall meet the applicable standard of Joint Commission

9. DELIVERY & PAYMENT INFORMATION:

Location:

Home Respiratory Care Program (HRCP) 5910-E Breckenridge Park Tampa, FL. 33810

Delivery Instructions for refill tanks: Monday through Friday, 7:30 am – 3:00pm. VA employee must monitor all deliveries.

HOME OXYGEN PAYMENT OF INVOICES TO VENDOR

1) Prescription /Consult entered Prosthetics package from Respiratory.

2) HRCP (Home Respiratory Care Program) prints consult and if needed faxes it over to contracted vendor for delivery of prescribed equipment

Liquid reservoir

Liquid portables

H Tank, regulator, h tank base-back up tank for emergencies

3). Delivery is made to veterans’ home; delivery ticket is generated as to what was delivered with serial numbers and # of pounds dispensed in reservoirs

4). Delivery ticket returned to home base for entries into their computer data base for invoicing to VA and, also faxed over to HRCP for confirmation of deliveries.

5). Previous months invoices are printed and delivered to VA for processing and are emailed every month.

6).VA personal receives invoices and proceeds to enter names and items billed for the previous month into the Home Oxygen Module. After all entries are entered, amounts are approved by Prosthetics. CPT will pay the monthly Home Oxygen bill, filling and maintenance of tanks thru the Home Oxygen Module.

7). At the beginning of each month Prosthetics will create a 1358 through the IFCAP 1358 menu to include estimated cost, vendor, contract number & purpose.

10. FEDERAL HOLIDAYS OBSERVED:

New Year’s Day Labor Day

Martin Luther King Day

Columbus Day

President’s Day

Veterans Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

(HRCP) Operations Manager will notify vendor if deliveries of refills are not required.

11. CONTRACTOR RESPONSIBILITY:

11.1. Hold harmless and indemnification agreement: Contractor shall save and hold harmless and indemnify the government against any and all liability, claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss, or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of Contractor, any subcontractor, or any employee, agent or representative of contractor or subcontractor.

11.2. Damage to government property from cause other than contractor’s negligence: Nothing in the above paragraphs shall be considered to preclude the government from receiving the benefits of any insurance the Contractor may carry which provides for indemnification for any less or destruction of or damage to property in the custody and care of the contractor where such loss, destruction of, or damage to property in the custody and care of the contractor where such loss, destruction of, or damage is to government right to recover against third parties for any loss, destruction of or damage to government property, and upon the request of the Contracting Officer shall, at the government’s expense furnish to the government all reasonable and cooperation including assistance in the prosecution of suit and the execution of instruments of in favor of obtaining recovery.

11.3. Laws and Ordinances: The Contractor shall comply with all laws, ordinances, and regulations (federal, state, country, city or otherwise) covering work of this character and shall include all costs, if any, of such compliance in the price quoted in this quote.

11.4. Workman’s Compensation: The Contractor shall maintain workman’s compensation insurance as may be required by law covering its employees who performed the services. A copy of this insurance shall be provided to the VA Contracting Officer.

12. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT:

12.1. Contractor shall have an established business, with an office and full-time staff. The staff includes “fully qualified” Service Representatives capable of performing the requirements of this contract.

12.2. Fully Qualified is based upon training and on experience in the field. For training, the Service Representatives successfully have completed training, for the equipment identified herein. Certifications and/or training records shall be provided prior to award. VA will work with contractor on competency folders and in developing PD’s for their employee’s.

13. SERVICE MANUALS:

The Contractor shall provide service manuals if applicable. The Contractor shall obtain or have on file and make available to operational and technical documentation (HRCP), which are necessary to meet performance requirements of this contract.

14. IDENTIFICATION AND PARKING:

The Contractors employee(s) shall always wear visible identification while on the premises of the VA Hospital, Warehouse and Patients Home.

15. PERMITS & RESPONSIBILITIES:

Contractor shall obtain and maintain all permits, licenses, and appointments required for the execution of work under this contract, at no additional cost to the Government. Contractor shall obtain these permits, licenses and appointments in compliance with applicable host country laws. Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments, if requested. Failure to provide such permits, or evidence of appropriate progress toward receipt of such permits to be fully licensed by date planned for the commencement of contract performance shall result in contract termination. In addition, contract termination shall result if the required documents are subsequently denied or withdrawn by the local authorities. Application, justification, fees, and certifications for any licensure required are entirely the responsibility of the Contractor. Contractor shall ensure that all employees receive the mandatory training, if applicable to this contract, as required by OSHA, JC, etc., and shall comply with all standards and/or requirements.

16. CONTRACTING OFFICER’S REPRESENTATIVE (COR):

16.1. The quoter will be provided the contract information by the COR prior to the start date.

16.2. Performance of work under this contract shall be subject to the technical direction of the COR, or a representative designated in writing. Technical direction MUST be within the scope of the SOW. The COR DOES NOT have authority to issue technical direction that:

i. Constitutes a change of assignment or additional work outside the specification(s)/work statement

ii. Constitutes a change as defined in the clause entitled “Changes”;

Iii. In any manner cause an increase or decrease in the contract price, or the time required for contract performance;

iv. Changes any of the terms, conditions, or specification(s)/work statement of the contract;

v. Interferes with the Contract’s right to perform under the terms and conditions of the contract

vi. Directs, supervises or otherwise controls the actions of the Contractor’s employees.

16.3. Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within three (3) workdays, with a copy to the CO.

16.4. The Contractor shall proceed promptly with technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his/her designee, falls within the limitations in (ii) above, the contractor shall immediately notify the CO no later than the beginning of the next workday.

16.5. Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes”.

17. CONTRACTOR MANAGEMENT:

Contractor shall provide a point of contact (POC) and perform continual management of the functional areas contained in this SOW. A Contractor employee shall be designated to act for the POC when work is being performed in the Contract Manager’s absence

18. KEY PERSONNEL:

18.1. Key personnel are defined as the Contract Manager, and other designated individuals submitted by quoter.

18.2. Any changes to the working status of key personnel shall be submitted to the CO within 2 workdays after the change.

19. EMPLOYEE QUALIFICATIONS AND CERTIFICATIONS:

Contractor shall have the appraisals license or certificate required to perform under this contract. Copies of certificates or licenses shall be submitted to CO at time of award.

20. CONDUCT OF PERSONNEL:

Personnel employed by the Contractor in the performance of this SOW or any representative of the Contractor entering the VA premises shall be subject to inspections by the Government.

Contractor is responsible for conduct of this or her employees.

21. PERSONNEL REMOVAL:

Government rules, regulations, laws, directives, and requirements that are issued during the Contract term relating to law and order, and security shall be applicable to all employees or representatives who enter the VA premises. Removal of employee does not relieve the Contractor from the responsibility for the work defined in this SOW.

22. PERSONNEL APPEARANCE:

Contract employees shall be well-groomed, and neat in appearance. Contract employees shall be in uniform with nametags. Contractor employees shall not wear any offensive clothing with slogans, drawings, or language which could be construed as being lewd, obscene, profane, racially offensive, sexually suggestive, and anti-American or which advocates the use of illegal drugs or other unlawful conduct.

23. PERSONNEL COURTESY:

Contractor employees shall conduct their selves in a manner socially acceptable. Loudness, vulgarity, rudeness, or other similar offensive conduct by an employee of the Contractor will be grounds for denying the employee further access to the VA premises.

24. ALCOHOL AND ILLEGAL DRUG USE:

Contractor employees shall not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this SOW.

25. VEHICLE CONDITION AND MARKINGS:

All Contractor-owned vehicles shall be maintained in an operational condition. Contractor vehicles shall be clearly marked with identification. Markings shall include, but not limited to, the Contractor’s name and telephone number on all equipment and vehicles used to carry out the requirements of the SOW.

26. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY (HIPPA):

To be eligible for contract award, the Contractor shall be in compliance with HIPPA. A Business Associate Agreement (BAA) shall be executed if determined applicable.

27. CONFIDENTIALITY:

The Contractor’s personnel shall agree to comply with the Privacy Act of 1974 (the Act) and other applicable federal laws, rules, regulations and policies issued under the Act during and after the execution of this contract. Because confidential medical record information may be accessible and/or visible to Contractor employees during performance of their daily duties, the Contractor shall obtain a signed “confidentiality certificate” from each employee prior to allowing them to start work under this contract. Any information about an individual that is maintained by the VA, including, but not limited to, education, financial transactions, medical history, and criminal or employment history or any record that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, shall be kept CONFIDENTIAL. A copy of this certification shall be provided to the COTR upon request.

28. NON-PERSONAL SERVICES STATUS:

Award of this contract will result in a contractual arrangement only and shall not be construed as a personnel appointment with the VA. The services shall not constitute an employer/employee relationship. Payments to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task. The Contractor may be subject to Government supervision, and its efforts will be monitored for quality assurance.

29. POST AWARD CONFERENCE:

A Post Award Conference may be held at a time and location designated by the Contracting Officer. The Contractor, the Contracting Officer, the COR, and any other official designated by the Contracting Officer shall attend this conference.

30. REVIEWS:

Contracting Officer or COR is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this contract. All records will be reviewed by the COTR or other designated representative of the VA. Payments will be denied when such service does not support the charges or if the service is deemed not necessary or inappropriate. Such determinations shall be made by the CO or COR, whichever is appropriate.

31. CONTRACT AWARD AND ADMINISTRATION:

31.1. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof

31.2. No contract will be awarded, nor payment made to any individual or entity that appears on the Health and Human Services Office of Inspector General’s (HSS/OIG) List of Excluded Individuals/Entities, or any other Government sponsored list that identifies Contractors as being ineligible for contract award(s).

32. EMPLOYEE IDENTIFICATION:

The Contractor, as stated in item 16, at his/her own expense, shall provide all employees with a Contractor Identification (ID) badge, prior to performing work under this contract. Contractor employees are required to display this badge at all times when performing under this contract. Employees released from service by the Contractor shall have their badge collected by the Contractor. All badges shall contain an expiration date and photograph of the employee. The contractor’s on-site supervisor shall ensure that all employees shall display their badges while in the performance of contract duty. The Contracting Officer’s Technical Representative (COTR) shall quarterly verify badges of contract employees.

33. CONTRACTOR PERSONNEL:

Contractor is completely responsible for all actions of their employees.

34. INSURANCE:

The Contractor shall procure and maintain for the entire contract period, Workmen’s Compensation and employers Public Liability Insurance in accordance with laws of the State of Florida. Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. See FAR 52.228-5, Clauses Section. Contractor shall provide the CO with an original signed copy of Insurance Certification with appropriate coverage, no later than ten (10) calendar days after notice of award. The contractor will notify the VA immediately of any changes in insurance coverage. Failure to submit documentation regarding the above insurance requirement shall be grounds to terminate the contract for cause.

35. CONTRACTOR FURNISHED PROPERTY/SUPPLIES:

35.1. The Contractor shall furnish at his/her own expense, all labor, materials, supplies, equipment, supervision, etc., which may be necessary or appropriate in the performance of this contract. Contractor shall be responsible for ensuring all equipment, tools, supplies, etc., utilized in the performance of this contract meet or exceed all applicable Federal, State, County, City, or other appropriate agency safety requirements, and ensure all employees have full working knowledge of these requirements.

35.2. The Contractor is required to submit Material Safety Data Sheet (MSDS) for all applicable supplies used in the performance of this contract, within seven (7) business days of award.

36. SECURITY CHECK REQUIREMENTS:

36.1. Contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel management (OPM), the Contractor shall reimburse the VA within 30 days. VA will be reimbursed for this investigation by deducting the amount for this investigation from the Contractor’s first invoice.

36.2. The web site which provides information on the cost of the security investigation is:

www.opm.gov\extra\investigate - Select Federal Investigations Notices (FIN 01-01).

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT:

Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Suite 52 Tampa FL 33637

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

ACKNOWLEDGMENT OF AMENDMENTS: The quoter acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

(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 persons 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…