36C24822Q0819.docx

SUBJECT*

FY22: NRM-Emergency (PROJ: 516-22-120) - Correct Structural System for Building 1 -Assessment

GENERAL INFORMATION

Network Contracting Office 8 (NCO 8) Room 315, Bldg. 2 10,000 Bay Pines Blvd Bay Pines FL 33744

POINT OF CONTACT*

Contract Specialist, NCO-08 Iris Thomas iris.thomas1@va.gov Department of Veteran Affairs n/a

PLACE OF PERFORMANCE

ADDRESS

Building 1

10,000 Bay Pines Blvd

Bay Pines Florida

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Department of Veteran Affairs NCO 8 Project: 673-105 Demo, Install electrical on 2 new guard shacks Combined synopsis/solicitation

This is a combined synopsis/solicitation for Project: 516-22-120 Correct Structural System for Building 1 -Assessment. Prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes only the solicitation; quotes are being requested and a written solicitation will not be issued.

Document 36C24822Q0819 is being issued as a request for quotation (RFQ).

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-04, effective Jan 15, 2020.

This requirement is set-aside for Service Disabled Veterans Owned Small Businesses (SDVOSB) The NAICS code for this requirement is 541330 Engineering Service.

Description of requirements for the items to be acquired: Brief description. See attached SOW. The following line item pertain to the description as stated: See attached Price/Cost Schedule. CLIN 0001

Performance Period: 90-days after purchase order award

Magnitude of construction is Between $25,000 and $100,000

All services are to be delivered to C. W. Bill Young VA Medical Center, 10,000 Bay Pines Blvd, Bay Pines, FL 33744. As a part of delivery and acceptance the FOB point is destination.

The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and offers must fill out price/cost schedule attached. Offerors must submit their technical and management approach that pertains to the SOW.

The provision at 52.212-2, Evaluation -- Commercial Items, will not be used. See attached Evaluation -basis for award – Comparative Evaluation.

To be eligible for award offerors must be registered in System for Award Management (SAM) in accordance with the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and no additional addenda to the clause included.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition and no additional FAR clauses cited in the clause are applicable to the acquisition.

The following additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are as follows: FAR 52.252-2, VAAR 852.237-70, VAAR 852.215-70

A site-visit will be facilitated for April 27th, 2022 at 1:00 PM EST.

Building 1, East Entrance,10,000 Bay Pines Blvd, Bay Pines, FL 33744

Point of contact (site-visit): Alberto J. Torres-Soto, (727) 398-6661 15910

Questions/RFI’s can be sent electronically to Iris.thomas1@va.gov. Questions received after 2:00 pm on April 28th, 2022 may not receive an answer.

The date, time and place quotes are due: May 2nd, 2022 at 02:00 PM EST. Vendors shall submit quotes to the contract specialist via: iris.thomas1@va.gov

Page 1 of Table of Contents

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

36C24822Q0753

Page of

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 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637

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

Management, or

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other []

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 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBE R

DESCRIPTION OF SUPPLIES/SERVICS

QUANTITY

UNI T

UNIT PRICE

AMOUNT

Project: 516-22-120 Correct Structural System for Building 1 -Assessment. Period of performance shall be 90-days from purchase order award.

PRINCIPAL NAICS CODE: 541330 Engineering Service PRODUCT/SERVICE CODE: C220 ARCHITECT AND ENGINEERING- GENERAL: STRUCTURAL ENGINEERING

GRAND TOTAL

B.3 DELIVERY SCHEDULE

ITEM NUMBER

QUANTITY

DELIVERY DATE

(727) 398-6661 15910 alberto.torres-soto@va.gov

STATEMENT OF TASK

Professional Engineering Services for Assessment of an Existing Structure Project No. 516-22-120 Correct Structural System for Building 1 Bay Pines VAHCS Bay Pines, Florida 33744

1. Overview:

a. The government requests a third-party engineering assessment of the existing conditions of Building 1 located at the Bay Pines VA Medical Center (BPVAMC). The assessment will evaluate the structural conditions of the building’s roofs, envelope, first floor, basement, and crawl space. Also, will determine termite damage and activity for the entire building.

b. Due to the inclement weather conditions and high-water table of the Bay Pines area, the building had suffered structural damage that requires structural forensics evaluation to determine the severity and urgency of the repairs.

c. Building 1 is a historic building constructed circa 1931 and it is one of the structural landmarks in Bay Pines and the VAMC. The engineering firm performing the assessment must consider the historic value of the building during the evaluation, recommendation, and cost estimation.

d. As part of this assessment, the Professional Engineering firm (P/E) shall conduct site visits to the building areas and evaluate its conditions against the original construction documents, record drawings, and drawings from undergoing projects. Additionally, forensic testing, such as but not limited to, structural scans, cores, crack analysis, corrosion potential, drone inspection, material testing, etc., are expected to support and validate the evaluation and recommendations for the building areas above mentioned.

e. As part of this assessment, the P/E must ensure the proposed recommendations to retrofit the areas/surfaces/structural components of the building must allow the structure to meet its intended capacity, use and improve its life span. The recommendations shall also comply with the VA standards and requirements for historic buildings.

2. Scope:

This Statement of Task (SOT) is to perform an engineering assessment of the existing partially completed structure for the 516-22-120 “Correct Structural System for Building 1” project. The P/E performing this SOT must provide to the Bay Pine VAMC an assessment, professional opinion, and recommendations on the following:

· Determine the conditions and severity of the building areas/surfaces/structural components mentioned in the Overview section.

· Determine the urgency of retrofitting the building areas/surfaces/structural components mentioned above.

· Determine the requirements and provide recommendations to make the areas in question to be permanently safe and structurally sound.

· Provide temporary solutions to make the areas in question safer until the retrofitting process is completed.

· Estimated cost and schedule for the remedial actions proposed in the assessment.

As part of the analysis to determine the professional opinion and recommendations of the items above, the P/E firm must provide, but is not limited to, the following services:

· Structure Forensics and Evaluation:

· Concrete/brick walls.

· Concrete/steel beams.

· Concrete/steel columns.

· Concrete slabs and composite decks

· Exposed foundations

· Corrosion potential.

· Other steel members.

· Welding.

· Flooring.

· Wood.

· Building envelope.

· Other structural members/components and finishes.

· Roofs condition assessment.

· Steel condition assessment.

· Document review of the original design, record drawings, and construction documentation.

· Slabs assessment (in case of differential settlement or structural cracks).

· Material testing.

· Provide cost and schedule estimates (schematic figure cost estimate) for the following:

· Design fees and schedule to accomplish the recommendations in the assessment.

· Construction cost to remediate the existing structure following the recommendations in the assessment.

· Schedule Estimate must follow the Critical Path Method (see PG-18-15 & CPM) with a work breakdown structure (WBS) between three to six levels of subdivided activities.

· Cost data shall conform with VA form number 10-6238.

· Provide reports/narratives signed and sealed by a Professional Licensed Engineer in the State of Florida.

· The P/E is required to retain an Architect with expertise in historic buildings and licensed by the State of Florida, to be part of the evaluation and recommendation Team during the assessment of this building. The Architect must sign and seal his/her recommendations.

· Provide termite damage and activity assessment for the entire building:

· The P/E is required to retain a professional pest control company with expertise in termite species and licensed and certified with the State of Florida, to be part of the evaluation and recommendation Team during the assessment of this building. The professional must sign his/her recommendations.

· All services provided must comply with F.A.R. 36.

· The anticipated period of performance for this assessment is 91 calendar days after “Notice to Proceed” (NTP).

· The following schedule shall be closely adhered to by the P/E. The VA may alter the schedule at their discretion.

1) Site Investigation & Data Gathering: Due 14 calendar days from the “Notice to Proceed” date.

2) VA Review of the Site Investigation & Data Gathering: 14 calendar days minimum from the date of the P/E submission package. The P/E will provide meeting minutes 5 days after the VA review meeting.

3) Preliminary Assessment Submittal: Due 7 calendar days from VA’s review and package return date.

4) VA Review of the Preliminary Assessment Submittal: 14 calendar days minimum from the date of the P/E submission package. The P/E will provide meeting minutes 5 days after the VA review meeting.

5) Assessment Submittal: Due 14 calendar days from VA’s review and package return date.

6) VA Review of the Assessment Submittal: 14 calendar days minimum from the date of the P/E submission package. The P/E will provide meeting minutes 5 days after the VA review meeting.

7) Final Submittal: Due 7 calendar days from VA’s review and package return date.

8) VA Review of Submittal & Final Coordination with the P/E: 7 calendar days minimum from the date of the P/E submission package. The P/E will provide meeting minutes 1 day after the VA review meeting.

The VAMC will provide available record drawings, design drawings, and other information regarding the project. The P/E should not expect that these drawings will be accurate in all respects. Consequently, the P/E will verify all existing conditions affecting the building via rigorous field investigation.

3. General Requirements:

a. P/E discussions with the Medical Center personnel concerning project requirements, site access, existing drawings, and other project-specific items, will be arranged by and participated in, by the Contracting Officer’s Representative (COR) and the Contracting Officer.

b. Drawings (original construction documents, record drawings, and drawings from undergoing projects) showing architectural and other features of the buildings are available in the files of the Bay Pines Project Section. The P/E should not expect that these drawings will be accurate in all respects. Consequently, the P/E will verify all existing conditions affecting this project via rigorous field investigation. Field investigation includes non-destructive inspection, and if necessary, destructive testing.

c. Engineering Manuals for each discipline are also available online at the Office of Construction and Facilities Management website http://www.cfm.va.gov/til/.

d. At the time of final submission, the P/E shall deliver all documents on CD-R or DVD-R to the COR. Report/s must be in Microsoft (MS) Word and PDF formats, cost estimate in MS Excel and PDF, estimated schedule in MS Project and PDF formats, drawings in PDF and AutoCAD formats, and photos in jpeg format. The PDF documents must be signed and sealed with a digital signature approved by the State of Florida. Three (3) signed and sealed hard copies must be provided. The report/s must follow the industries standards and should include but are not limited to, the title page, executive summary, table of contents, introduction, body (with the existing condition, methodology, findings, considerations, alternatives, etc.) conclusions, and recommendations, and references and appendices (with the field reports, analyses, models, cost estimates, videos, photos, etc.).

e. Photographic documentation elements:

1. Each digital image shall be taken with a professional-grade camera with a minimum size of 6 megapixels (MP) capable of producing 200x250mm (8 x 10 inch) prints with a minimum of 2272 x 1704 pixels and 400x500mm (16 x 20 inch) prints with a minimum 2592 x 1944 pixels.

2. The indexing and navigation system shall utilize actual AUTOCAD or PDF drawings, making such drawings interactive on an offline and online interface. For all documentation referenced herein, indexing and navigation must be organized by both time (date-stamped) and location throughout the project.

3. Documentation shall combine indexing and navigation system with inspection-grade digital photography designed to capture actual conditions throughout the assessment. Documentation shall be accessible offline and online through the use of an internet connection. Documentation shall allow for secure multiple-user access, simultaneously, online.

4. Resources:

All analysis/assessment/recommendation shall comply with the Contract Documents as well as applicable sections of the latest VA standards and publications, and all references therein. . VA standards are required to be accessed on the World Wide Web at www.cfm.va.gov/TIL/ (see below for example page). Where conflicts exist between VA adopted codes and standards and the documents on the TIL, the A/E shall bring this to the attention of the VA. The resolution of the conflict shall be made by the authority having jurisdiction for the VA to ensure consistency department-wide.VA publications and standards applicable to this project shall include but not be limited to the following:

a. Federal Facility Criteria:

https://www.wbdg.org/ffc/federal-facility-criteria?l=02

b. TIL - Master Construction Specifications:

http://www.cfm.va.gov/til/spec.asp

c. Office of Construction & Facilities Management Site Map:

http://www.cfm.va.gov/sitemap.asp

d. The Technical Information Library (TIL): Use http://www.cfm.va.gov/TIL/ and https://www.cfm.va.gov/til/catalog.asp to access,

1. PG-18-1 Master Construction Specifications

2. PG-18-3 Design and Construction Procedures

3. PG-18-4 Standard Details and CAD Standard

4. PG-18-5 Equipment Guide List

5. H-18-8 Seismic Design Handbook

6. PG-18-9 Space Planning Criteria, and VA-Space & Equipment Planning System (VA-SEPS)

7. PG-18-10 Design Manuals (by discipline)

8. PG-18-12 Design Guides (graphical, by function)

9. PG-18-13 Barrier Free Design Standard

10. PG-18-14 Room Finishes, Door, and Hardware Schedule

11. PG-18-15 Minimum Requirements for A/E Submissions

12. PG-18-17 Environmental Planning Guidance

13. D-7545 Cultural Resource Management

14. H-7545 Cultural Resource Management Procedures

15. Special Topic Criteria https://www.cfm.va.gov/til/spclRqmts.asp#PHS

16. VA Standards Alert 017 – Infrastructure Standards for Telecommunications Spaces and all standards, guides, and manuals incorporated by reference

17. Cost Estimating.

18. Provide a Design Narrative on each of the project’s submittals.

19. HVAC Design Manual for Hospitals and Clinics

20. Lighting Study.

21. Information Security Directive and Handbook VA 6500

22. Environmental Compliance Management Directive and Handbook VA 0062

23. Environmental Management Program VA Directive 0057

24. Energy Reduction Manual (latest edition)

25. Special Topic Criteria https://www.cfm.va.gov/til/TILSiteMap.asp

26. Miscellaneous Criteria https://www.cfm.va.gov/til/spclRqmts.asp

27. Commissioning Process https://www.cfm.va.gov/til/spclRqmts.asp#Cx

e. Office of Construction & Facilities Management:

http://www.cfm.va.gov/index.asp

1. VA Office of Facilities Management citations of the AIA design standards are found on the world wide web at https://www.cfm.va.gov/til/

2. VA Office of Health and Safety (OHS)

3. Construction Infection Control Risk Assessment Memorandum

4. Construction Safety Guide

f. Other design and construction standards and publications that shall be applied to this work include, but are not limited to:

1. American Society of Heating, Refrigerating and Air-Conditioning Engineers Manual (ASHRAE)

2. National Fire Protection Association (NFPA) Codes & Standards - www.nfpa.org

3. OSHA Rules and Regulations

4. International Building Code (ICC) latest edition

5. Life Safety Code (NFPA 101) latest edition

6. The Joint Commission (TJC) Accreditation manual (latest edition)

7. Sustainable Design Requirements (01 81 11)

8. Construction Waste Management (01 74 19)

9. The National Environmental Policy Act (NEPA)

g. Particular attention is called to CD4, Symbol Identification of Contract Drawings.

h. Equipment symbols shall be in accordance with PG-18-6, Equipment Reference Manual (previously List of Equipment Symbols, H-08-6).

i. Standard Drawing Details, in accordance with PG-18-4, shall be utilized to the greatest extent practicable.

j. Cost estimates shall be developed in strict conformance with VA’s Manual for Preparation of Cost Estimates & Related Documents for VA Facilities.

http://www.cfm.va.gov/til/dManual/dmCost.pdf

k. VHA Publications (for example, Directives, Handbooks, Operational Memos, etc.) https://www.va.gov/vhapublications/index.cfm.

l. Guidelines for Design and Construction of Health Care Facilities, Latest Edition, published by The Facilities Guidelines Institute (FGI). http://www.fgiguidelines.org/

m. Physical Security Standard, compliance VHA Handbook 0730/2 dated May 27, 2010 “Space Key Control”.

n. Plumbing System Design & Water Treatment/Design to prevent Legionnaires. VA Plumbing Design Manual and VHA Directive 2008-010, prevention of legionella disease, and VHA directive 2009-009, domestic hot water temperature limits for legionella prevention and scald control.

o. VHA Directive 1061 – Prevention of Health Care-Associated Legionella Disease and Scald Injury from Water Systems.

p. Example of Technical Information Library screenshot:

https://www.cfm.va.gov/til/

Figure 1. This VA site is commonly referred to as “the TIL”.

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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.

C.2 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran owned small business concern or SDVOSB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

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

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

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service- disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

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

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart

819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of Clause)

C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING— MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran- Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.5 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(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)

FAR

Number

(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 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)…