36C24825Q0186.docx

36C24825Q0186

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26.

TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

573-25-2-3177-0004 36C24825Q0186 01-27-2025 Jeremy Parrish Jeremy.Parrish@va.gov 352-283-9220 02-03-2025

4:30 PM

EST

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) North Florida South Georgia VHS 1601 SW Archer Road Gainesville FL 32608-1197 X N 562111 $47 Million N/A X 36C573 Department of Veterans Affairs North Florida South Georgia VHS Lake City VA Medical Center 619 S. Marion Ave.

Lake City FL 32025-5808 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) North Florida South Georgia VHS 1601 SW Archer Road Gainesville FL 32608-1197

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See B.3 for Price/Cost Schedule.

573-3650162-3177-856700-2542- 0100C1A93 X John Shultzaberger Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: John Shultzaberger, Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) North Florida South Georgia VHS 1601 SW Archer Road Gainesville FL 32608-1197

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

3. INVOICES: Invoices shall be submitted in arrears:

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

http://www.tungsten-network.com/US/en/veterans-affairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

DESCRIPTION OF SERVICE

A. The contractor shall provide the following items: all labor, materials, tools, and equipment to ensure the collection, storage, removal, and disposal of non-hazardous solid waste. The vendor shall ensure appropriate transportation is provided two days a week (Tuesday and Friday) and on demand as needed, for the Lake City VA Medical Center, 619 S. Marion Ave. Lake City, FL 32025. This is a Base contract plus Four option years.

B. The Waste Compactor Unit shall be a 40-cubic yard self-contained unit, industrial heavy gauge steel (minimum of 10 gauge). Seals shall be industrial high pressure; shall have full door seal and heavy-duty ram piston(s). Hydraulic lines will comply with standards and have no leaks. The compacting unit shall be equipped with continuous input air ionizing system to prevent bacterial growth assisting with offensive odors. All installation and maintenance during the rental period shall be covered by the contractor. In the event the 40-cubic yard self-contained compactor becomes inoperable, the Contractor shall provide a replacement 20 cubic yard open top container until repairs are made, within 24 hours of notification, whenever needed (24 hours/day, 7 days/week)

C. The Contractor will also provide a 20-cubic yard, open top container that will be utilized for landscape debris. This container will be pulled only when requested.

D. The Contractor will also provide a 20-cubic yard, open top container that will be utilized for construction debris. This container will be pulled on Fridays or when requested.

E. The Waste Compactor unit will require bi-weekly washing and cleaning to remove processed waste causing build up and foul odor. The perimeter (or storage area) of 40 cubic yard container will be maintained and cleaned as needed by the contractor. The 40-cubic yard container will be returned in serviceable condition and placed in its location at the back loading dock of building 64.

F. The contractor shall make available a phone number and one (1) additional cell phone number for emergencies and repair calls. Each emergency/repair call will be addressed, and a solution provided within 4 hours of the call being placed.

G. The contractor shall comply with all Columbia County Code of Ordinances Chapter 90. Solid Waste, Florida Statute 403.702, and Federal Law 42 U.S.C. 6907(a)(3), 6912(a)(1), and 6944(a)., regulations and guidelines when collecting, storing, removing, transporting, disposing of all under the scope of this contract.

H. The collection service pick-up shall be coordinated through the Contracting Officer’s Representative (COR). The COR will designate the storage area with the contractor. Below is a list of the tentative schedule for pull (transport) dates. All areas are subject to pull on demand (as needed).

II. COLLECTION REQUIREMENTS AND SCHEDULE

A. 40 cubic yd. compactor (located by back dock behind building 64):

Pick-ups are required on Tuesday and Friday, and on demand as needed.

20 cubic yard open top container (located at the back loading dock of building 64) Pickups are required on Fridays and on demand as needed.

20 cubic yard open top container (located behind building (Boiler Plant) Pickups are required on Fridays and on demand as needed.

B. Service Frequency and Hours of Operation When a regular pick-up day occurs on one of the eleven Federal holidays, the pickup day shall automatically shift to the following business day.

III. PERMITS AND LICENSING

A. The contractor shall provide proof of all applicable permits and insurance certificates required under the laws of the State of Florida.

B. As requested, the contractor shall provide proof of regulatory compliance such as inspection reports, policies and procedures, staff training records, and emergency plans.

IV. REPORTS

A. The contractor will provide monthly invoices containing the following for solid and recyclable weights:

· Invoice number.

· Net Weight

· Type of Waste

· Total weight and price for each line item (pick up).

· Total weight and price for monthly invoice on all line items

B. Contractor shall provide, as requested by the Government, methods of disposal, weight tickets and the address of the disposal site.

C. Mixed Load Surcharges, if any, shall be invoiced separately. Contractor shall provide with this invoice the weight ticket, method of disposal and address of the disposal site.

V. Ownership

A. The contractor shall take ownership of all solid waste once the waste is fully loaded into contractor furnished vehicles.

VI. MAINTAINING CONTAINERS AND COLLECTION AREA

A. The contractor shall maintain all containers in good, workable condition. They must remain accessible to the customers. The contractor shall perform all cleaning, repair and other maintenance tasks off Government property. The contractor shall return the containers to their original location after servicing, in an upright position with the lids securely in place (closed). The contractor shall also be responsible for immediately cleaning up any spills, debris, etc., which may occur during servicing of containers. All refuse on the ground within ten feet of the container, whether spilled by the contractor or placed there by VA personnel, shall be picked up by the contractor during collection. The contractor shall collect debris placed at collection areas; for example, tree branches, sacks, cartons, boxes, cans, tied bundles, or other containers. The COR will monitor the garbage container area and if additional containers are needed, necessary coordination to address any issues will be made at the appropriate time.

VII. OFF-SITE DISPOSAL

A. The contractor shall transport and dispose of all solid waste at a licensed off-site disposal site selected by the contractor. Disposal shall be in accordance with existing local, state, and federal regulations. The contractor shall be responsible for any permit or fees associated with the use of off-site disposal locations.

IIX. Estimated Tonnage

Annual Estimated Tonnage

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

1 40yd Compactor Monthly Rental Fee Monthly lease POP 7/1/2025 - 06/30/2026.

Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

1 20yd Roll-Off Rental Maintenance Fee - Monthly Rental POP 7/1/2025 - 06/30/2026.

POP Begin: 07-01-2025 POP End: 06-30-2026

1 30yd Roll-off Rental Maintenance Fee - Monthly Rental POP 7/1/2025 - 06/30/2026.

POP Begin: 07-01-2025 POP End: 06-30-2026

40yd Compactor Haul Fee per haul- dumped 2x per week Tuesday and Friday 7/1/2025 - 06/30/2026.

POP Begin: 07-01-2025 POP End: 06-30-2026

40yd Compactor Disposal Fee Contract Period per ton POP 7/1/2025 - 06/30/2026.

POP Begin: 07-01-2025 POP End: 06-30-2026

20yd-30yd Roll-Off Haul Fee: Each time Roll-Off is emptied 2 containers every 2 weeks per haul POP 7/1/2025 - 06/30/2026.

POP Begin: 07-01-2025 POP End: 06-30-2026

20yd-30yd Roll-Off Disposal Fee per ton of waste including C&D per ton POP 7/1/2025 - 06/30/2026.

POP Begin: 07-01-2025 POP End: 06-30-2026

20yd-30yd Roll-Off Disposal Fee: Reclassified at Dump from C&D to MSW per ton POP 7/1/2025 - 06/30/2026.

POP Begin: 07-01-2025 POP End: 06-30-2026

Franchise Fee: POP 7/1/2025 - 06/30/2026.

POP Begin: 07-01-2025 POP End: 06-30-2026

1 40yd Compactor Monthly Rental Fee Monthly lease POP 7/1/2026 - 06/30/2027.

Contract Period: Option 1 POP Begin: 07-01-2026 POP End: 06-30-2027

1 20yd Roll-Off Rental Maintenance Fee - Monthly Rental POP 7/1/2026 - 06/30/2027.

POP Begin: 07-01-2026 POP End: 06-30-2027

1 30yd Roll-off Rental Maintenance Fee - Monthly Rental POP 7/1/2026 - 06/30/2027.

POP Begin: 07-01-2026 POP End: 06-30-2027

40yd Compactor Haul Fee per haul- dumped 2x per week Tuesday and Friday POP 7/1/2026 - 06/30/2027.

POP Begin: 07-01-2026 POP End: 06-30-2027

40yd Compactor Disposal Fee Contract Period per ton POP 7/1/2026 - 06/30/2027.

POP Begin: 07-01-2026 POP End: 06-30-2027

20yd-30yd Roll-Off Haul Fee: Each time Roll-Off is emptied 2 containers every 2 weeks per haul POP 7/1/2026 - 06/30/2027.

POP Begin: 07-01-2026 POP End: 06-30-2027

20yd-30yd Roll-Off Disposal Fee per ton of waste including C&D per ton POP 7/1/2026 - 06/30/2027.

POP Begin: 07-01-2026 POP End: 06-30-2027

20yd-30yd Roll-Off Disposal Fee: Reclassified at Dump from C&D to MSW per ton POP 7/1/2026 - 06/30/2027.

POP Begin: 07-01-2026 POP End: 06-30-2027

Franchise Fee: POP 7/1/2026 - 06/30/2027.

POP Begin: 07-01-2026 POP End: 06-30-2027

1 40yd Compactor Monthly Rental Fee Monthly lease POP 7/1/2027 - 06/30/2028.

Contract Period: Option 2 POP Begin: 07-01-2027 POP End: 06-30-2028

1 20yd Roll-Off Rental Maintenance Fee - Monthly Rental POP 7/1/2027 - 06/30/2028.

POP Begin: 07-01-2027 POP End: 06-30-2028

1 30yd Roll-off Rental Maintenance Fee - Monthly Rental POP 7/1/2027 - 06/30/2028.

POP Begin: 07-01-2027 POP End: 06-30-2028

40yd Compactor Haul Fee per haul- dumped 2x per week Tuesday and Friday POP 7/1/2027 - 06/30/2028.

POP Begin: 07-01-2027 POP End: 06-30-2028

40yd Compactor Disposal Fee Contract Period per ton POP 7/1/2027 - 06/30/2028.

POP Begin: 07-01-2027 POP End: 06-30-2028

20yd-30yd Roll-Off Haul Fee: Each time Roll-Off is emptied 2 containers every 2 weeks per haul POP 7/1/2027 - 06/30/2028.

POP Begin: 07-01-2027 POP End: 06-30-2028

20yd-30yd Roll-Off Disposal Fee per ton of waste including C&D per ton POP 7/1/2027 - 06/30/2028.

POP Begin: 07-01-2027 POP End: 06-30-2028

20yd-30yd Roll-Off Disposal Fee: Reclassified at Dump from C&D to MSW per ton POP 7/1/2027 - 06/30/2028.

POP Begin: 07-01-2027 POP End: 06-30-2028

Franchise Fee: POP 7/1/2027 - 06/30/2028.

POP Begin: 07-01-2027 POP End: 06-30-2028

1 40yd Compactor Monthly Rental Fee Monthly lease POP 7/1/2028 - 06/30/2029.

Contract Period: Option 3 POP Begin: 07-01-2028 POP End: 06-30-2029

1 20yd Roll-Off Rental Maintenance Fee - Monthly Rental POP 7/1/2028 - 06/30/2029.

POP Begin: 07-01-2028 POP End: 06-30-2029

1 30yd Roll-off Rental Maintenance Fee - Monthly Rental POP 7/1/2028 - 06/30/2029.

POP Begin: 07-01-2028 POP End: 06-30-2029

40yd Compactor Haul Fee per haul- dumped 2x per week Tuesday and Friday POP 7/1/2028 - 06/30/2029.

POP Begin: 07-01-2028 POP End: 06-30-2029

40yd Compactor Disposal Fee Contract Period per ton POP 7/1/2028 - 06/30/2029.

POP Begin: 07-01-2028 POP End: 06-30-2029

20yd-30yd Roll-Off Haul Fee: Each time Roll-Off is emptied 2 containers every 2 weeks per haul POP 7/1/2028 - 06/30/2029.

POP Begin: 07-01-2028 POP End: 06-30-2029

20yd-30yd Roll-Off Disposal Fee per ton of waste including C&D per ton POP 7/1/2028 - 06/30/2029.

POP Begin: 07-01-2028 POP End: 06-30-2029

20yd-30yd Roll-Off Disposal Fee: Reclassified at Dump from C&D to MSW per ton POP 7/1/2028 - 06/30/2029.

POP Begin: 07-01-2028 POP End: 06-30-2029

Franchise Fee: POP 7/1/2028 - 06/30/2029.

POP Begin: 07-01-2028 POP End: 06-30-2029

1 40yd Compactor Monthly Rental Fee Monthly lease POP 7/1/2029 - 06/30/2030.

Contract Period: Option 4 POP Begin: 07-01-2029 POP End: 06-30-2030

1 20yd Roll-Off Rental Maintenance Fee - Monthly Rental POP 7/1/2029 - 06/30/2030.

POP Begin: 07-01-2029 POP End: 06-30-2030

1 30yd Roll-off Rental Maintenance Fee - Monthly Rental POP 7/1/2029 - 06/30/2030.

POP Begin: 07-01-2029 POP End: 06-30-2030

40yd Compactor Haul Fee per haul- dumped 2x per week Tuesday and Friday POP 7/1/2029 - 06/30/2030.

POP Begin: 07-01-2029 POP End: 06-30-2030

40yd Compactor Disposal Fee Contract Period per ton POP 7/1/2029 - 06/30/2030.

POP Begin: 07-01-2029 POP End: 06-30-2030

20yd-30yd Roll-Off Haul Fee: Each time Roll-Off is emptied 2 containers every 2 weeks per haul POP 7/1/2029 - 06/30/2030.

POP Begin: 07-01-2029 POP End: 06-30-2030

20yd-30yd Roll-Off Disposal Fee per ton of waste including C&D per ton POP 7/1/2029 - 06/30/2030.

POP Begin: 07-01-2029 POP End: 06-30-2030

20yd-30yd Roll-Off Disposal Fee: Reclassified at Dump from C&D to MSW per ton POP 7/1/2029 - 06/30/2030.

POP Begin: 07-01-2029 POP End: 06-30-2030

Franchise Fee: POP 7/1/2029 - 06/30/2030.

POP Begin: 07-01-2029 POP End: 06-30-2030

B.4 DELIVERY SCHEDULE

Lake City VA Medical Center 619 S. Marion Ave Lake City, FL 32025 5808 12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

Lake City VA Medical Center 619 S. Marion Ave

12.00

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 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 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.5 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/ (End of Clause)

(End of Addendum to 52.212-4)

C.7 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; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 one year.

(End of Clause)

C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond Base Year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond Base Year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause) C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.