36C24821Q1327_1.docx

36C24821Q1327

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

XX

672-22-1-045-0008 36C24821Q1327 11-26-2021 Israel Rodriguez 787-641-7582, 134973 12-10-2021 8:00

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) VA Caribbean HCS (Admin Bldg) #10 Calle Casia Suite #4M440 San Juan

PR

00921-3201 X 621511 $35 Million N/A X See Delivery Schedule

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) VA Caribbean HCS (Admin Bldg) #10 Calle Casia Suite #4M440 San Juan

PR

00921-3201

Financial Services Center P.O. Box 149971 Austin

TX

78714-9971 See CONTINUATION Page

TIERED EVALUATIONS

Title: FY 22: Vieques PLMS- Phlebotomy Service See CONTINUATION Page X X x

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Phlebotomist Fee- Cost for one Phlebotomist Providing the service every Tuesday.

Contract Period: Base POP Begin: 12-21-2021 POP End: 12-20-2022 PRINCIPAL NAICS CODE: 621511 - Medical Laboratories PRODUCT/SERVICE CODE: Q301 - Medical - Laboratory Testing

Travel airplane ticket, Ceiba -Vieques - Ceiba

POP Begin: 12-21-2021 POP End: 12-20-2022

Ground transportation of samples collected, Quest Fajardo to VA Caribbean Healthcare System, San Juan

POP Begin: 12-21-2021 POP End: 12-20-2022

Specimen Collection Fee Per Patient. Quota Of 25 Patients Per Tuesday (52 Tuesdays) 25 Patients X 52 Weeks.

POP Begin: 12-21-2021 POP End: 12-20-2022

Phlebotomist Fee- Cost for one Phlebotomist Providing the service every Tuesday.

Contract Period: Option 1 POP Begin: 12-21-2022 POP End: 12-20-2023

Travel airplane ticket, Ceiba -Vieques - Ceiba

POP Begin: 12-21-2022 POP End: 12-20-2023

Ground transportation of samples collected, Quest Fajardo to VA Caribbean Healthcare System, San Juan

POP Begin: 12-21-2022 POP End: 12-20-2023

Specimen Collection Fee Per Patient. Quota Of 25 Patients Per Tuesday (52 Tuesdays) 25 Patients X 52 Weeks.

POP Begin: 12-21-2022 POP End: 12-20-2023

Phlebotomist Fee- Cost for one Phlebotomist Providing the service every Tuesday.

Contract Period: Option 2 POP Begin: 12-21-2023 POP End: 12-20-2024

Travel airplane ticket, Ceiba -Vieques - Ceiba

POP Begin: 12-21-2023 POP End: 12-20-2024

Ground transportation of samples collected, Quest Fajardo to VA Caribbean Healthcare System, San Juan

POP Begin: 12-21-2023 POP End: 12-20-2024

Specimen Collection Fee Per Patient. Quota Of 25 Patients Per Tuesday (52 Tuesdays) 25 Patients X 52 Weeks.

POP Begin: 12-21-2023 POP End: 12-20-2024

Phlebotomist Fee- Cost for one Phlebotomist Providing the service every Tuesday.

Contract Period: Option 3 POP Begin: 12-21-2024 POP End: 12-20-2025

Travel airplane ticket, Ceiba -Vieques - Ceiba

POP Begin: 12-21-2024 POP End: 12-20-2025

Ground transportation of samples collected, Quest Fajardo to VA Caribbean Healthcare System, San Juan

POP Begin: 12-21-2024 POP End: 12-20-2025

Specimen Collection Fee Per Patient. Quota Of 25 Patients Per Tuesday (52 Tuesdays) 25 Patients X 52 Weeks.

POP Begin: 12-21-2024 POP End: 12-20-2025

Phlebotomist Fee- Cost for one Phlebotomist Providing the service every Tuesday.

Contract Period: Option 4 POP Begin: 12-21-2025 POP End: 12-20-2026

Travel airplane ticket, Ceiba -Vieques - Ceiba

POP Begin: 12-21-2025 POP End: 12-20-2026

Ground transportation of samples collected, Quest Fajardo to VA Caribbean Healthcare System, San Juan

POP Begin: 12-21-2025 POP End: 12-20-2026

Specimen Collection Fee Per Patient. Quota Of 25 Patients Per Tuesday (52 Tuesdays) 25 Patients X 52 Weeks.

POP Begin: 12-21-2025 POP End: 12-20-2026

Government option to extend service in accordance with FAR 52.217-8 Option to Extend Services (NOV 1999), Non Schedule Price (NSP), Phlebotomist Fee- Cost for one Phlebotomist Providing the service every Tuesday.

Government option to extend service in accordance with FAR 52.217-8 Option to Extend Services (NOV 1999), Non Schedule Price (NSP), Travel airplane ticket, Ceiba -Vieques - Ceiba

Government option to extend service in accordance with FAR 52.217-8 Option to Extend Services (NOV 1999), Non Schedule Price (NSP), Ground transportation of samples collected, Quest Fajardo to VA Caribbean Healthcare System, San Juan

Government option to extend service in accordance with FAR 52.217-8 Option to Extend Services (NOV 1999), Non Schedule Price (NSP), Specimen Collection Fee Per Patient. Quota Of 25 Patients Per Tuesday (52 Tuesdays) 25 Patients X 52 Weeks.

A.3 DELIVERY SCHEDULE

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

USA

52.00

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

52.00

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

52.00

Pathology Service

10 CALLE CASIA

San Juan, PR 00921 3201

1,300.00

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248

Network Contracting Office 8 (NCO 8) VA Caribbean HCS (Admin Bldg) #10 Calle Casia Suite #4M440 San Juan PR 00921-3201

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 offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

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1. Statement of Work Introduction:

The Department of Veterans Affairs, VA Caribbean Healthcare System (VACHS), San Juan, Puerto Rico intends to negotiate and award a contract under the authority of The Federal Acquisition Regulations (FAR) Part 12 “Acquisition of Commercial Items” and Part 13 “Simplified Acquisition Procedures”

2. Service Description:

Contractors shall provide in accordance with the specifications outlined below, Phlebotomy Services every Tuesday of each month for the Vieques Rural Outpatient Clinic. Services provided to VA Caribbean Healthcare System Pathology and Laboratory Medicine Service (PLMS) under this contract shall include the patient specimen collection service, collection supplies, service for centrifugation of samples collected, and delivery/ transportation of samples to the Pathology and Laboratory Medicine Service, San Juan, PR.

3. Type of Contract:

The VA anticipates award of a firm fixed price contract. The period of performance shall be from a one year base period and four (4) one-year options.

4. Licensures

Only fully licensed/accredited laboratories actively engaged in providing the specific services outlined in this solicitation will be considered. The reference laboratory must be licensed and or accredited by the College of American Pathologists, Joint Commission, Center for Disease Control, Medicare and/ or other state regulatory agencies as mandated by federal and state statutes. In addition, the laboratory must be certified as meeting the requirements of the Clinical Laboratory Improvement Act of 1988 and comply with the National Standards to Protect the Privacy of Personal Health Information in accordance with Health Insurance Portability and Accountability Account of 1996 (HIPAA).

5. Quality

a. The Government reserves the right to physically inspect the reference laboratory(s) prior to a contract award and at any time during the award period to ensure the reference laboratory's compliance with accreditation and quality assurance practices and requirements.

b. In addition, the reference laboratory shall provide the following documentation with their quote submission and on an annual basis in accordance with the Office of Inspector General (OIG) Combined Assessment Program (CAP) and Joint Commission for the Accreditation of Healthcare Organizations (JCAHO) requirements:

1. Professional Staff providing phlebotomy service. Names and Curriculum Vitae

2. Technical Staff Competency Skills Assessment

3. Technical Staff compliance shall complete VA mandatory training as Privacy and HIPPA, VA Privacy Information Security awareness and Rules of Behaviors and Government Ethics.

4. Shall complete Med training Competencies assigned by COR every 6 months to include: One training of Basic Phlebotomy, Patient Identification, Venipuncture, Customer Service and Safety Mandatory Trainings to include: Biosafety, Chemical Safety, Dry Ice and liquid Nitrogen, Electrical Safety, Ergonomic Safety and Fire Safety.

5. Shall provide evidence of Basic Life Support (BLS) Certification.

6. Shall provide evidence of the Commonwealth of Puerto Rico Office of Regulation and Certification of Health professionals Nurse Registry Certificate.

7. Description of Performance Improvement (Quality Assurance) Program

8. Current year performance improvement quarterly monitors that include and are not limited to demonstration of number of services that could not be provided, courier route delays/cancellations, and number of specimens rejected due to hemolysis, sample clots, specimen mislabeling, etc.

9. 1 hour’s Quarterly meetings (January, April, July, October) shall be held with Contractor Professional Staff providing Phlebotomy Services, Laboratory Education Coordinator & Contracting Officer Representative.

10. Shall participate on annual meeting to discuss VA General Safety Knowledge Rules and Safety on Phlebotomy Procedures.

6. Description of Requirements

a. The following general test information shall be provided with the contractor's:

1. Phlebotomy Service turnaround times record (minimum and maximum times indicated); where the turnaround time is defined as the time between patient is received by the Contractor and phlebotomy collection procedure is completed.

2. Frequency: Service to be provided every Tuesday. Maximum of 25 patients per day. No additional patients shall be attended. No over quote over that amount shall be submitted nor accepted.

3. Contractor shall contact the Contracting Officer Representative (COR) for request for changes or concerns affecting contract execution. Contracting Officer (CO) will issue any modification to the contract as needed after negotiations.

7. Background Investigation Requirements:

a. All Contractors must meet the following background investigation requirements:

b. All users with access to the data received from Department of Veterans Affairs (VA) are U.S. Citizens with a Contractor's valid and current background investigation or a mutually agreed upon VA level background clearance verified to be at the National Agency Check with Inquiries level for laboratory technical staff and business operations staff and are operating within the borders of the U.S.A. and its territories. Anyone with administrative or programmer access to a Federal computer system will have a background investigation commensurate with the level of access granted to the VA computer system as determined by the Information Security Officer in concert with Human Resources Management Staff. These staff must be operating within the borders of the U.S.A. and its territories. The reference laboratory must meet HIPAA requirements.

8. Sample Collection:

VA Vieques Rural Outpatient Clinic will provide the list of patients with laboratory orders for the specified date. The Contractor shall provide at no additional charge an adequate supply of specimen collection materials for tests orders except Urinalysis test tubes that will be provided by the main PLMS directly to the rural clinic based on demand. The contracted trained nurse shall identify the Veteran using two patient identifiers and proceed with blood or specimen’s collection based in the order list. Samples must be packaged and transported by the Contractor ensuring the integrity of the specimens. Material Safety Data Sheets or SDS from supplies containing hazardous chemicals must be provided to the San Juan, PLMS.

9. Transportation Services

The Contractor shall provide courier services to the VA Caribbean Healthcare System every Tuesday and transport samples directly to the PLMS. The contracted commercial reference laboratory shall be responsible for ensuring that all transport personnel are trained and that their competency is regularly assessed in appropriate safety and packaging procedures suitable to specimen type and distances transported. This should include issues such as adherence to regulations for transport of biohazards, use of rigid containers, have temperature control in place, notification procedures in case of accident or spills. The contracted commercial reference laboratory shall submit evidence of their training and annual competency programs. Training shall include the packing and shipping dangerous goods: What the laboratory Staff Must Know” from CDC.

10. Customer Service

a. The Contractor shall provide in response to this solicitation a detailed plan describing their customer service strategies for VA Caribbean Healthcare System Pathology and Laboratory Medicine Service. This plan shall address the capability and/or availability of the commercial reference laboratory contractor to provide the following services and, if applicable, specify how this service will be accomplished, by whom, and within what timeframe:

b. Telephone Inquiries:

1. Specimen Collection:

a. Routine inquiries, where clarification on the collection requirements is needed, shall be addressed at the time of the inquiry.

b. Esoteric inquiries, where the information on the availability and/or requirements of the questioned test requires further research, shall be addressed within 1/2 hour of the initial inquiry.

2. Orders

a. Status of Ordered Testing- inquiries regarding the status of pending orders shall be addressed at the time of the inquiry.

3. Account Follow-up that requires information general in nature yet specific to the account, e.g. courier service problems, supply ordering, difficult collection etc. shall be addressed within four hours of the initial inquiry.

4. Addressing courier service issues and problems — Due to the scope and complexity of the courier system as defined in this solicitation; a direct contact(s) shall be designated for immediate response to courier service issues.

5. The ordering of specimen collection and transportation supplies is responsibility of the contractor except for the Urinalysis tubes.

B. Utilization Reports:

The Contractor shall provide a statistical analysis of the VA Caribbean Healthcare System Pathology and Laboratory Medicine Service workload sample collection volumes to assist in the monitoring of ordering trends and service utilization patterns.

11. Invoicing:

The Contractor shall assign an account number to the VA Caribbean Healthcare System PLMS. The Contractor shall submit monthly invoices for service rendered no later than 21 days following the close of the month in which the service was provided. The invoice shall be accurate and shall display chronologically by date the Quantity of phlebotomy services perform.

12. VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors:

a. Contractor employees who work in or travel to VHA locations must comply with the following:

1. Documentation requirements:

1.1. If fully vaccinated, shall show proof of vaccination.

NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

b. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

1. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces.

2. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

c. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

12. Influenza Vaccination:

1. All contract employees shall comply with VHA Directive 1192.01, Seasonal Influenza Vaccination Program for VHA Healthcare Personnel. This policy applies to all individuals who, during the influenza season, work in VHA locations or who come into contact with VA patients or other Health Care Personnel (HCP) as part of their duties.

2. Masking requirements for unvaccinated HCP: HCP who do not receive influenza vaccination due to medical or religious exemptions must designate this at the VA Employee Health Unit on the HCP Influenza VA Form 10-9050 and wear a face mask while in any VHA location, including both clinical and non-clinical areas. In addition, HCP are required to wear a face mask during performance of their assigned duties and responsibilities. The face mask shall be worn throughout the influenza season, or until the individual HCP receives a flu vaccination and completes the required VA Form 10-9050.

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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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

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

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

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

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

(End of Clause) C.4 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

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

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

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

(End of Clause)

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(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 2020) (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…