36C24822Q1038_1_SB.docx

36C24822Q1038

GENERAL INFORMATION

Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Suite 525 Tampa FL 33637

POINT OF CONTACT*

Contract Specialist David Hernandez david.hernandez1@va.gov 813-893-3904

PLACE OF PERFORMANCE

(JAHVHBC)

14540 Cortez Blvd

Brooksville Florida

ADDITIONAL INFORMATION

DESCRIPTION

Services: James A Haley Veterans Hospital Brooksville CBOC Exterior Window Resealing This is a combined synopsis/solicitation for commercial items 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 36C24822Q1038 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) 2022-06, effective May 1, 2022.

This requirement is set-aside for Small Businesses (SB) As required by VAAR 819.502-2, Notice of total small business set-aside, page 1, applies to all items in this solicitation The NAICS code for this requirement is 238150 with a small business size standard of $16.5 million.

Wage determination 2015-4571, revision 17, dated 03/15/2022 applies.

Description of requirements for the items to be acquired: Brief description. See attached PWS.

Performance Period: 120-days after purchase order award All services are to be delivered to James A Haley Veterans Hospital Brooksville Clinic (JAHVHBC), 14540 Cortez Blvd, Brooksville, FL 34613. 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 PWS.

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 actively registered in the following databases. System for Award Management: https://www.sam.gov 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 Thursday, June 23rd at 10:30 AM EST.

James A Haley Veterans Hospital Brooksville Clinic (JAHVHBC), 14540 Cortez Blvd, Brooksville, FL 34613

Point of contact (site-visit): Daniel Holdridge, 813-695-0706

If questions are received, an amendment to this solicitation will be posted publicly to the Federal Business Opportunity website (www.fbo.gov) with answers and clarifications. Questions/RFI’s can be sent electronically to david.hernandez1@va.gov Questions received after 10: 00 AM on June 28th 2022 may not receive an answer.

The date, time and place quotes are due: July 6th at 10:00 AM EST. Vendors shall submit quotes to the contracting specialist via: david.hernandez1@va.gov Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Please return all require documents with your proposal !!

Combined Synopsis/Solicitation Notice

Table of Contents

Page 1 of

1. General.

This is a non-personal service contract that will be in support of the James A Haley Veterans Hospital (JAHVH) facility. The Contractor is responsible for providing a resealing of exterior windows as outlined in the PWS.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the government. The Contractor shall perform to the requirements set forth in this document that are designed to provide acceptable service levels of performance standards.

2. Scope.

The contractor shall plan, develop, and implement an exterior window resealing (caulking) as outlined in this Performance Work Statement (PWS). The designated areas are to be resealed (caulked) using a DOW 795 Sealant in bronze or equivalent. Install new flashing on windowsills of exterior. Window shall not be removed to achieve these tasks. Best commercial practices shall be applied in the performance of work. All work shall be completed per approved and accepted industry standards throughout the duration of the contract. The Contractor shall furnish all labor, transportation, supplies, and equipment. Each service report shall include the name of the contractor, name of Field Service Engineer (FSE), date, time (starting and ending), equipment downtime, hours of labor including costs (when emergency service is authorized outside of normal working hours), the parts utilized including costs, the nature of the problem, the nomenclature of the item repaired (serial number & VA inventory number), and the room number where equipment is located. The service designee and the FSE attesting that the equipment is in satisfactory working order and is functioning at an acceptable level of performance shall sign this report. The contractor shall sign out at the designated location before leaving. NOTE: Failure to furnish a service report or obtain a signed copy of the service report could result in delay of payment or non-payment. The COR or alternate COR in the using service has the authority to approve/request a service call from the contractor.

2.1. Period of Performance (POP). The total POP shall consist of one-time job until all windows are sealed NTE four (4) months from the date of award.

2.2. Place of Performance. Services to be performed at:

2.2.1. James A Haley Veterans Hospital Brooksville Clinic (JAHVHBC), 14540 Cortez Blvd, Brooksville, FL 34613

- Brooksville Clinic Windows _ 181

2.3. Work Hours. The COR shall determine the actual date and time of service and will notify the Contractor no less than 30 days prior to the date on which service is required. All quantities will be verified by the contractor during the walk through.

2.3.1. James A Haley Veterans Hospital Brooksville Clinic (JAHVHBC), The Contractor may provide most services between the hours of 7:00 am and 5:00 pm, Monday through Sunday (7-days per week).

2.3.1.1. Some services will need to be conducted on week-ends due to clinical operations.

2.4. The following approved holiday are shown in Table 1. Under normal circumstance, contractor is not required to perform services during Federal Holidays. When a holiday falls on Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by the U.S. Government agencies.

Holiday

Table 1

2.5. Type of Contract. The Government anticipates award of a Firm Fixed-Price contract.

2.6. Quality Assurance (QA). The Government Quality Assurance Surveillance Plan (QASP) shall be used as the objective basis for determining the Contractor's performance during any established reporting period. This plan primarily focuses on the Government's measures to ensure that the Contractor has performed IAW performance standards. The QASP is a living document that the Government may review and revise on a regular basis. The intent of the QASP is to ensure performance IAW the metrics set forth in the contract documents to guarantee the Government receives the quality of services specified and only pays for the acceptable level of services it receives. The QASP defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

PERFORMANCE STANDARDS

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets, or does not meet these standards.

The Performance Requirements Summary Matrix, paragraph as provided below includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Negative: May result in adverse CPARS rating

Negative: May result in adverse CPARS rating

Negative: May result in adverse CPARS rating

Negative: May result in adverse CPARS rating

Negative: May result in adverse CPARS rating

2.7. Contractor Personnel Security & Suitability. The services provided under this contract are considered low-risk or non-sensitive contractor positions. Contractor and all associated Subcontractor employees shall comply with applicable facility and local security policies and procedures. The Contractor shall also provide information required for background checks to meet VA access requirements, if applicable. The Contractor workforce must comply with all personal identity verification requirements as directed by VA and/or local policy.

2.7.1. The Contractor’s Work-Lead and Supervisor will be given access into designated areas (e.g., rooftops) in the performance of services included in this contract.

2.7.1.1. The level of background investigation commensurate with the level of access needed is: Special Agreement Check (SAC). (This requirement is applicable to all subcontractor personnel requiring the same access.)

2.8. Contracting Officer's Representative (COR). The COR will be designated by a formal letter to the Contractor. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions identified in the appointment letter: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements including Government drawings, designs, and specifications; monitor the Contractor's performance and notify both the CO and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide worksite entry for Contractor personnel. The COR's formal designation letter states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract.

2.9. Post Award Meeting. The Contractor shall attend any post award conference convened by the contracting activity in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The post-award orientation shall be held within 30 calendar days of award.

The purpose of the post-award orientation is to: discuss any unique characteristics of the requirement(s); identify stakeholders' roles and responsibilities; and establish a common understanding of schedule and performance expectations.

The CO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor’s performance. At these meetings, the CO or COR will apprise the Contractor of how the Government views the Contractors performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

2.10. Contractor Personnel.

2.10.1. Responsibilities. The Contractor shall assume responsibility for all functions outlined in this PWS upon contract award date.

2.10.2. Contractor shall comply with the occupational health and safety standards as forth in OSHA 29 CFR 1910 and ANSI/ICWA 1 14, the Window Cleaning Safety Standard, for exterior building maintenance operations.

2.10.2.1. Contractor personnel performing work shall have completed Occupational Safety and Health Administration (OSHA) 10 training and high-rise training by a competent authority in conformance with industry standards.

2.10.3. Contractor shall provide all types of shielding, barricades, warning signs and any other protection necessary to protect the personnel, equipment, and the area in which the Contractor's will be working, from injury, damage, and/or contamination during the duration of the work.

2.10.4. Contractor shall notify the COR immediately in the event of any damage to VA property caused by the Contractor's personnel, equipment, or materials. Special care shall be taken with automatic doors, ID card readers, lighting, and all electronic fixtures when using water. The Contractor shall notify the COR in the event damage is discovered prior to the beginning of or during the work performed as part of these specifications.

2.10.5. Contractor shall promptly repair, or source to have repaired all damage caused by the Contractor's personnel equipment, including the procedures used and/or the materials used by them in the performance of the work pursuant to these specifications. The repairs shall be done to the complete satisfaction of the government.

3. Miscellaneous.

3.1. Other Workplace Safety Requirements.

3.1.1. Safety Plan. The Contractor shall provide the COR a written work and safety plan for review at least five working days prior to the start of any work.

3.1.1.1. The plan shall address potential risks in pursuing the work and steps taken to mitigate those risks including but not limited to methods of anchoring working surfaces and personnel to ensure fall protection, and procedures used in case of an emergency.

Additionally, the work plan shall include the proposed work schedule and shall identify by timeline when certifications of wire ropes, working platforms, and other associated equipment are required during the project. A procedural description of daily inspections to ensure personnel safety and equipment readiness must also be provided. Proof of certification, where certifications is required, shall be provided to the COR before equipment systems and their components may be used on the jobsite and should be provided in the work plan. In addition, the work plan should provide documentation related to employee training and experience.

3.1.1.2. VA personnel, Contractor's personnel, the building, and property shall always be protected when overhead work is in progress.

3.2. Work Site Clean Up.

3.2.1. The Contractor shall thoroughly clean all walls, floors, roofs, staging, storage areas, sidewalks, canopies, roadways, etc. affected by the work.

3.2.2. All areas shall be left in a neat and clean condition in compliance with VA standards of cleanliness and must meet the approval of the COR.

3.3. Safety Data Sheets (SDS) Requirements.

3.3.1. Contractor shall provide the COR a copy of Safety Data Sheets (SDS) for all materials used in the performance of this contract where such a sheet is required.

3.3.2. Contractor shall always keep a copy of the above referenced SDS at its work site for products in use requiring such a sheet.

3.3.3. All products (i.e., cleaners/solvents) used must be eco-friendly.

4. Definitions.

4.1. Contractors. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

4.2. Contracting Officer (CO). A person with authority to enter, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

4.3. Contracting Officer's Representative (COR). An employee of the U.S. Government appointed by the CO to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor if that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

4.4. Defective Service. A service output that does not meet the standard of performance associated with the PWS and may require re-performance until the standard is met.

4.5. Deliverables. Anything that can be physically delivered but may include non manufactured things such as meeting minutes or reports.

4.6. Exterior Cleaning. Process of making sure the exterior of a building is clear of any cobwebs, dirt, grime, stains, and pollutants.

4.7. Landscape. Boulders, statutes, outdoor dedications and memorials shall be included in cleaning services.

4.8. Physical Security. Actions that prevent the loss or damage of Government property.

4.9. Quality Assurance. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

4.10. Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

4.11. Quality Control. All necessary measures taken by the Contractor to assure that the quality of a product or service shall meet contract requirements.

4.12. Safety Data Sheet (SDS). A written document that outlines information and procedures for handling and working with chemicals. Also, may be referred to as a Material Data Safety Data Sheet (MSDS).

4.13. Structures. Includes entire building envelope for all buildings, all exterior building aesthetics (i.e., Bldg. 1), over-hangs, roofs of structures with no walls, enclosed (screened) outdoor patios, atriums, covered walk-ways, gazebos, parking garages (exterior), loading dock areas, water towers, surrounding walls/perimeter walls & columns, entryways, ambulance parking area(s). All shall be included in cleaning services.

4.14. Sub-Contractor. A person that enters a contract with a prime Contractor. The Government does not have privity of contract with the Sub-contractor.

4.15. Walkway. Any area designated for foot traffic includes but not limited to sidewalks, crosswalks, & walking paths. Typically, made from concrete, asphalt, pavers, or tile.

4.16. Workday. The number of hours per day the Contractor provides services in accordance with the contract.

4.17. Work Week. Monday through Friday unless specified otherwise.

5. Government Furnished Property, Equipment and/or Services.

5.1. Services: The Government will move furniture or other objects, as needed. The Contractor shall make requests to the COR.

5.2. Facilities: All services outlined in this PWS will take place at VA facilities; however, no permanent workspace will be provided to the contractor.

5.3. Utilities: The Government will provide all utilities at facilities for the Contractors use in performance of tasks outlined in this PWS. The Contractor shall instruct its employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish their task.

6. Contractor Furnished Items and Responsibilities.

6.1. The Contractor shall provide all personnel, services, supplies, equipment, and transportation required to perform work under this contract. The contractor shall ensure all personnel have the required relevant experience and training to handle their tasks successfully. The Contractor shall have qualified technicians at the start of the contract period.

6.2. Equipment: Personal Protective Equipment (PPE). The Contractor will provide PPE to contractor/subcontractor employees. PPE will include disposable gloves, masks and other items that may be required or deemed necessary for personnel working in the facility.

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

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

7.1.1. Documentation requirements:

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

7.1.1.1.1. 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.

7.1.1.2. If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

7.1.1.3. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

7.1.1.4. Documentation will not be collected by the VA; contractors shall, always, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

7.1.2. 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.

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

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

8. Tasks. The Contractor shall provide the management staff, material and financial resources, documentation, and technical expertise to perform all the tasks. The Contractor shall manage the total work effort associated with all services required herein to assure full and timely completion of these services. Included in this function are a full range of duties including, but not limited to, planning, scheduling, quality assurance, cost accounting.

8.1. Task 1 – Exterior Window Cleaning. The windows shall be washed and resealed using industry-approved techniques, producing a finished product free from streaks or other removable blemishes or foreign matter. During the cleaning process, if any defects or deficiencies are noticed, Contractor personnel shall report the issue and location to the COR.

8.1.1. Frequency – 1 visit per 12-month period.

9. Deliverables.

9.1. Base Year Deliverables

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Coordinate schedule based on material lead times and VA availability. Install appropriate safety zoning around affected areas with cones and tape. Remove the sealant on windows on the second floor. Install new flashing on the window sills of the exterior. Caulk and tool each panel using Dow 795 sealant in bronze. Clean up job site.

A.3 DELIVERY SCHEDULE

Brooksville Clinic (JAHVHBC) 14540 Cortez Blvd Brooksville, FL 34613

US

181.00

813.972.2000 x7055 John.Graves@va.gov

Performance Work Statement (PWS) James A Haley Veterans Hospital Brooksville Exterior Window Resealing

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 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 PRODUCTS AND COMMERCIAL SERVICES 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 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.4 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.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing…