36C24823Q0121 Combined Synopsis_Revised.pdf

Combined Synopsis/Solicitation 36C24823Q0121

STAT Blood Courier Services for the Department of Veterans Affairs, North Florida/South

Georgia VAMC below sites;

• Malcom Randall VA Medical Center, 1601 S.W. Archer Road, Gainesville FL 32608

• Lake City VA Medical Center, 619 S. Marion Avenue, Lake City FL 32025

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part

13, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The combined synopsis solicitation number is 36C24823Q0121. It is issued as a Request for

Quote. The Government anticipates awarding base + 4 year firm-fixed price contract resulting from this solicitation. This document incorporates the clauses and provision in effect for the

Federal Acquisition Circular 2022-08,10-2022.

This requirement is solicited as a set-aside to Service-Disadvantage Veteran-Owned Small

Businesses under the North American Industry Classification System for 492110 (Courier and

Express Delivery Services) with a size standard of 1,500 employees.

The contractor shall have a driver readily available to provide coverage for Pickup/delivery when requested/needed. Pickup and drop-off of Laboratory Specimens and/or Blood components will be based on routes provided within the Performance Work Statement. Contractor shall furnish all labor, tools, materials, equipment, and supervision necessary to provide same day, immediate courier services upon request/need when called to and from the listed VAMC locations. Additional requirements are listed within the combined synopsis/solicitation to include the performance work statement.

Quotes in response to this combined synopsis/solicitation are due before 12:00 P.M. Eastern

Standard Time (EST) on December 28, 2022. Quotes shall be submitted in writing and sent by email to EarlCi.Johnson@va.gov (Earl Johnson, Contract Specialist). The following must be in the subject line of the email “RFQ 36C24823Q0121 STAT Blood Courier Services”. Questions must be submitted before 12:00 P.M. (EST) on December 5, 2022. If questions are received, they will be posted with all questions and answers to the same announcement. All quotes shall remain valid for 120 calendar days.

Completing Quote for Submittal

Quoter must complete the Contract Administration and provide their company name, address, point of contact/their title, e-mail address, company telephone number. The person must have the authorization to obligate the company in this matter. Each line item of Section B.2 Price Cost

Schedule must be completed.

Table of Contents

SECTION B - CONTINUATION OF COMBINED SYNOPSIS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 17

C.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021)

C.6 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.9 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.10 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 27

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATIONS

D.2 VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING

COVID-19

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

36C24823Q0121

SECTION B - CONTINUATION OF COMBINED SYNOPSIS

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 Todd Pappas

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

Commerce Building

300 E. University Ave. Ste. 180

Gainesville FL 32601-3460

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Invoices will be submitted monthly and reviewed by the

Government before acceptance and payment.

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:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

750.00 TRP _______________

Blood Courier Services between Lake City VAMC and Gainesville VAMC. Courier services for the transportation of Blood samples/blood components for NF/SG VA medical Centers, as described in SOW. Only trips made will be invoiced/paid for this contract. Not to exceed the amount agreed.

Contract Period: Base POP Begin: 02-01-2023 POP End: 01-31-2024

Blood Courier Services between Lake City VAMC and Gainesville VAMC. Courier services for the transportation of Blood samples/blood components for NF/SG VA medical Centers, as described in SOW. Only trips made will be invoiced/paid for this contract. Not to exceed the amount agreed.

Contract Period: Option 1 POP Begin: 02-01-2024 POP End: 01-31-2025

Blood Courier Services between Lake City VAMC and Gainesville VAMC. Courier services for the transportation of Blood samples/blood components for NF/SG VA medical Centers, as described in SOW. Only trips made will be invoiced/paid for this contract. Not to exceed the amount agreed.

Contract Period: Option 2 POP Begin: 02-01-2025 POP End: 01-31-2026

Blood Courier Services between Lake City VAMC and Gainesville VAMC. Courier services for the transportation of Blood samples/blood components for NF/SG VA medical Centers, as described in SOW. Only trips made will be invoiced/paid for this contract. Not to exceed the amount agreed.

Contract Period: Option 3 POP Begin: 02-01-2026 POP End: 01-31-2027

4001 750.00 TRP _______________

Blood Courier Services between Lake City VAMC and Gainesville VAMC. Courier services for the transportation of Blood samples/blood components for NF/SG VA medical Centers, as described in SOW. Only trips made will be invoiced/paid for this contract. Not to exceed the amount agreed.

Contract Period: Option 4 POP Begin: 02-01-2027 POP End: 01-31-2028

5001 6.00 MO NSP

OPTION PERIOD UNDER FAR CLAUSE 52.217-8 -

OPTION TO EXTEND SERVICES

NOTE: The specified rates under this clause will be those rates in effect pursuant to the CLINS under which the contractor is currently providing services.

GRAND TOTAL _______________

B.3 PERFORMANCE WORK STATEMENT

STAT Blood Courier Services for North Florida/South Georgia VAMCs

Performance Work Statement

The Department of Veterans Affairs, North Florida / South Georgia Veterans Health System

Pathology and Laboratory Medicine Service at the Lake City VA Medical Center, Lake City, FL;

has an ongoing need for the provision of courier services for the transportation of blood specimens and/or blood Components.

Service: The Contractor shall have a driver readily available to provide coverage for

Pickup/delivery when requested/needed. Pickup and drop-off of Laboratory Specimens and/or

Blood components will be based on the below routes. Contractor shall furnish all labor, tools, materials, equipment, and supervision necessary to provide same day, immediate courier services upon request/need when called to and from the following locations:

• Lake City VA Medical Center 619 South Marion Avenue Lake City, Florida 32025

(herein referred to as Lake City VA)

• Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, Florida 32608

(herein referred to as Gainesville VA)

*Only delivery/drop offs actually made will be invoiced/paid for under the contract. Not to exceed an estimated 750 trips per year, or the amounts indicated in the schedule. This should be a fixed rate for all costs of the courier service, which costs shall be inclusive and include the vehicle, driver, mileage, time, weight, and other reasonable costs associated with courier services described in this contract. Contractor should invoice monthly, based on the actual number of deliveries for the dedicated routes between the two facilities. Contractor/Driver will maintain a record log of courier pick-up/deliveries, date, time, brief description of items and quantity.

The parties estimate that performance of this contract will not exceed the estimated quantities specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated quantities.

The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the services covered, and the period of performance and the quantities estimated the allotted amount will cover. The Contractor agrees to perform, or have performed, work on the contract up to the point at which the total amount paid and payable by the

Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.

Contractor Responsibilities:

Insurance: Contractor shall MEET ALL Federal, State and Local codes regarding operation of this type of business and furnishes the required Insurance/Licensing Certificates required to perform and work on a Government installation. Contractor shall be a courier company with a

Florida state license and carry a minimum of $1,000,000 liability insurance.

Cargo: Items to be transported will consist primarily of 1 (one) or as many as 3 (three) small, prepackaged containers or coolers (dimensions in inches are 19x11x13) from each service location containing laboratory blood specimens and/or blood components, for an average of 62 pick-up/drop-offs in a monthly basis. Shipments may also include empty containers or coolers returned to sending location. Contractor will be responsible for ensuring that the specimens shall remain within the temperature specifications described below:

Blood Samples and Blood Component Platelets - 20 to 24 °C = 68 to 75.2 ºF

Blood Components PRBC and TFFP - 2 to 10°C = 35.6 to 50ºF

The Lake City VA and Gainesville VA Laboratories will be responsible for proper packaging, labeling, and taking temperature of all specimens and blood components. Blood and blood component boxes will be furnished by the VA Medical Centers for transport.

The Contractor shall assume full responsibility for the training, certification and protection of its personnel furnishing services under this contract, in accordance with the personnel policy of the

Contractor, such as providing worker’s compensation, professional liability insurance, health examinations, income tax withholding, and social security payments. The parties agree that the contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose.

Contractor shall ensure the confidentiality of all patient information and shall be held liable in the event of the breach of confidentiality.

Contractor shall provide past performance documentation of experience with transportation of laboratory specimens and blood components.

Any contract resulting from this solicitation will be subject to the Privacy Act of 1974 and HIPPA.

The Contractor is not authorized to release any medical record information. The VA is the sole entity authorized to release this information upon written request from the patient.

Any incidents of contractor noncompliance shall be forwarded immediately to the Contracting

Officer in writing via e-mail.

Drivers: The Contractor shall provide proof that all drivers have had annual training in the transportation of hazardous materials. Contractor shall supply Driver with a communication device. All couriers transporting blood specimens and/or blood components under this contract shall possess a valid driver’s license with a minimum of a Class E, vehicle insurance, and registration and have two-way radios, cell phones, or pagers for communication purposes provided by the contractor. They shall maintain a neat, clean, and professional appearance and be easily recognized as a contract employee. Drivers must be able to speak, write and understand English. Drivers will not transport any illegal or controlled substance, not be under the influence of alcohol or illegal drugs. No smoking or alcohol on VA property. Obey all traffic regulations. Ensure that car is secure when not in use.

Contractor and drivers shall ensure the confidentiality of all patient information and records being transported and will be held liable in the event of a breach of confidentiality; drivers are prohibited from opening the containers. The Contractor shall comply with the provisions of the

Federal Privacy Act of 1974 (Public Law 93-579).

The Contractor shall certify that all individuals current and new involved in shipping clinical specimens have been trained and tested as specified in the training requirements of 49 CFR

Part 172, Subpart H. The cargo may contain bio-hazardous material and dangerous goods.

Under a VA dedicated route, the driver shall go from one of the two designated facilities directly to other designated facility. There will be no consolidation or commingling of cargo with other carriers or at other hubs. There shall not be any non-emergency stops, for any reason, during the transport of items under this contract. Drivers shall not make any personal stops in performance of duties under this contract, nor shall any unauthorized passenger accompany the driver during contract work. Under no circumstances shall any person other than the driver or designated employee of the contractor handle items being transported. Vehicles shall not be left in extreme heat or cold while specimens are being transported. Monitored temperature records can be collected at any time during the contract.

Vehicles: The Contractor shall provide all vehicles and couriers needed to perform this service.

The minimal type of vehicle required to transport the product would include Compact, Economy, Standard, Truck, etc. Each vehicle shall have some type of identification representing the contractor and be prominently displayed. Each vehicle shall be adequately stocked with at least one up-to-date complete “SPILL KIT” for a bio-hazard cleanup in case of leakage or accidental discharge. Contractors’ vehicle will have personal protective equipment to handle spilled blood, specimens, and chemicals. The Contractor is responsible for maintaining proper temperature in vehicles to preserve blood specimens and blood components as specified herein the below contract performance table:

Pickup/Delivery Schedule:

Pick up and deliveries shall be made from/to each specified Medical Center Laboratory location, driver readily available as follow:

• Monday - Sunday and Federal Holidays, 24 hours

Performance Indicator Standard Acceptable Quality Level

Pick Up Time No more than 45 minutes from activation call

90%

Delivery Time to Gainesville

No more than 75 minutes from Lake City VA

90%

Delivery Time to Lake City No more than 75 minutes from Gainesville VA

90%

Blood Samples and Blood Component Platelets

20 to 24 °C = 68 to 75.2 ºF 95%

Blood Components PRBC and TFFP

2 to 10°C = 35.6 to 50ºF 95%

*PRBC = Packed Red Blood Cells, TFFP = Thawed Fresh Frozen Plasma

Performance Indicator

Standard Acceptable Quality Level

Method of Surveillance Frequency of Surveillance

Pick Up Time 45 minutes or less

90% Substantiated customer complaint

As received

Delivery Time to Gainesville

75 minutes or less

90% Substantiated customer complaint

As received

Delivery Time to Lake City

75 minutes or less

90% Substantiated customer complaint

As received

Blood Samples and Blood Component Platelets

20 to 24 °C = 68 to 75.2 ºF

95% Temperature recorded on the shipping manifest by authorized

VA medical personnel at destination

100%

Blood Components PRBC and

TFFP

2°C to 10°C =

35.6 to 50ºF

95% Temperature recorded on the shipping invoice by authorized

VA medical personnel at destination

100%

Lake City VA to Gainesville VA:

• Lake City: Pickup and/or deliver all lab blood specimen/blood components containers/coolers to the main laboratory located on Building 64, the 3rd floor and room # B302.

• Gainesville: Pickup and/or deliver all lab blood specimen/blood components containers/coolers to the main laboratory located in room E126 on the first floor.

The Contractor shall give prior notification to each clinic at the phone numbers indicated below if the scheduled pick-up time cannot be met for any reason.

Points of Contact: Any incidents or delays in deliveries shall be reported to:

• Lake City VA: Janette Fender Hagler (386) 755-3016 ext. 392722

• Gainesville VA: Blood Bank Department (352) 376-1611, ext. 6023

Contract Performance & Quality Standards:

Performance Indicator Standard Acceptable Quality Level

Pick Up Time No more than 45 minutes from activation call

90%

Delivery Time to Gainesville

No more than 75 minutes from Lake City VA

90%

Delivery Time to Lake City No more than 75 minutes from Gainesville VA

90%

Blood Samples and Blood Component Platelets

20 to 24 °C = 68 to 75.2 ºF 95%

Blood Components PRBC and TFFP

2 to 10°C = 35.6 to 50ºF 95%

*PRBC = Packed Red Blood Cells, TFFP = Thawed Fresh Frozen Plasma

Quality Assurance and Surveillance Plan (QASP):

Performance Indicator

Standard Acceptable Quality Level

Method of Surveillance Frequency of Surveillance

Pick Up Time 45 minutes or less

90% Substantiated customer complaint

As received

Delivery Time to Gainesville

75 minutes or less

90% Substantiated customer complaint

As received

Delivery Time to Lake City

75 minutes or less

90% Substantiated customer complaint

As received

Blood Samples and Blood Component Platelets

20 to 24 °C = 68 to 75.2 ºF

95% Temperature recorded on the shipping manifest by authorized

VA medical personnel at destination

100%

Blood Components PRBC and

TFFP

2°C to 10°C =

35.6 to 50ºF

95% Temperature recorded on the shipping invoice by authorized

VA medical personnel at destination

100%

*PRBC = Packed Red Blood Cells, TFFP = Thawed Fresh Frozen Plasma

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 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

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

NOTE: The specified rates under this clause will be those rates in effect pursuant to the CLINS under which the contractor is currently providing services.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

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

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

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

(End of Clause)

C.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification

System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in

19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts

19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in

8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the

Contractor agrees that in performance of a contract assigned a North American Industry

Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s

50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the

Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

[] By the end of the base term of the contract and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

C.6 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause—

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

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

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

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

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID

Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal

Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task

Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

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

(End of Clause)

C.7 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.

[X] 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.] https://www.saferfederalworkforce.gov/contractors/

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[] 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.

[X] 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.

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

[X] 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.8 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-https://vaww.aams.ecms.va.gov/AAMS_Production/DAV/7cvvyybjyd-q0x-y/(https:/www.vip.vetbiz.va.gov) 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 service disabled 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…