36C24922Q0311.docx

36C24922Q0311

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 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

36C24922Q0311 04-26-2022 Robert Belisle 615-225-6337 05-24-2022 10:00

CDT

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 X X N 561730 750 Employees N/A X Department of Veterans Affairs Memphis VA Medical Center 1030 Jefferson Avenue Memphis TN 38104 90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 Memphis VA Medical Center, requests for Quote IAW FAR Part 13 to provide landscaping as outlined in the Statement of Work (SOW).

All references within shall replace the term "offer" with "quote" and "offeror" with "quoter". Comparative evaluation of quotes will be performed IAW FAR 13.106-2 (b) (3) best value based on price and other factors. (see E.1 Addendum for FAR 52.212-1) This requirement is unrestricted.

This RFQ will result in firm fixed price contract with with a period of performance of 10/01/2022 - 09.30/2023 The contract will consist of a base and four (4) one (1) year optional periods.

Wage Determination No. 2015-4673 (REV 17) dated 12/27/2021 Contractor must be registered in SAM when quote is received and at time of award.

X Shawn Hendricks

NCO915L2-4043

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C249 Shawn Hendricks Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129

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.

FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

All supplies, materials, equipment, labor and transportation required to maintain the landscaping of Memphis VA Medical Facility in accordance with the Statement of Work (SOW) Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

All supplies, materials, equipment, labor and transportation required to maintain the landscaping of Memphis VA Medical Facility in accordance with the Statement of Work (SOW) Contract Period: Option 1 POP Begin: 10-01-2023 POP End: 09-30-2024

All supplies, materials, equipment, labor and transportation required to maintain the landscaping of Memphis VA Medical Facility in accordance with the Statement of Work (SOW) Contract Period: Option 2 POP Begin: 10-01-2024 POP End: 09-30-2025

All supplies, materials, equipment, labor and transportation required to maintain the landscaping of Memphis VA Medical Facility in accordance with the Statement of Work (SOW) Contract Period: Option 3 POP Begin: 10-01-2025 POP End: 09-30-2026

All supplies, materials, equipment, labor and transportation required to maintain the landscaping of Memphis VA Medical Facility in accordance with the Statement of Work (SOW) Contract Period: Option 4 POP Begin: 10-01-2026 POP End: 09-30-2027

B.3 DELIVERY SCHEDULE

12.00

12.00

12.00

12.00

12.00

Page 1 of Page 1 of

B.4 STATEMENT OF WORK

PERFORMANCE WORK STATEMENT

Perform Landscaping Maintenance Services

MEMPHIS VA MEDICAL CENTER, MEMPHIS, TN

I. Description of Landscaping Maintenance Services

Background: Maintenance specified in this contract shall include all property currently owned by the VAMC Memphis which includes the hospital property located at 1030 Jefferson Avenue Memphis Tennessee 38104.

2. Scope of Work:

The contractor shall furnish all labor, Tools, Equipment, Materials, Supervision, and Quality control for the performance of this contract. Maintenance or damage to the contractor’s equipment shall be the responsibility of the contractor. On-site storage of the contractor’s equipment and materials is not allowed. The United States Government will not be held liable for loss or any damages to the contractor’s equipment or materials use at the Memphis VA Medical Center in Memphis, TN.

2.a The contractor shall follow sound horticultural practices though-out the year. The Contractor shall retain a local area degreed horticulturist or degreed and experienced landscape / environmental maintenance professional to supervise the daily activities on the facility property as well as being certified in the professional to supervise the daily activities on the facility property as well and being certified in the application of chemicals and manage the landscape maintenance program in its entirety.

2.b Vendor shall use chemical controls required under this contract shall be applied by a licensed operator incorporating EPA approval materials and application methods.

2.c Vendor Shall deliver the services outlined in this Statement of Work with the base year period of performance for this agreement shall be October 01, 2022 to September 30, 2027 as this contract is awarded. One base year and four option year periods will be requested.

2.1 Vendor must report all chemicals applied such as pesticides, fungicides, insecticides, etc. To the VA safety office with the following information must be submitted by the contractor in writing monthly for each chemical applied. EPA-Registration, Active Ingredients, Dilution Ratio, Amount of chemical used and MSDS for chemical used.

2.2 Contractor shall provide a degreed / qualified manger on-site superintendent to ensure high quality work. The superintendent must be found satisfactory to the Contracting Officer. The superintendent is required to be always on site during the performance of work.

2.3 Contractor when mowing lawns after winter dormancy, all greases shall be cut to a height of one inch and bagged or hand raked to remove dead leaf material and thatch. All raked material shall be removed from the site and disposal of by the contractor. Grasses such as Bermuda and Zoysia shall be mowed once a week to maintain an average height of 2” to 2.5” inches. Mowers shall be always kept sharp, and care shall be taken so that mowing machines do not scar the tree trunks, damage shrubbery, damage turf, etc.

2.4 Contractor will be permitted to mow Monday thru Friday between the hours of 6:00am and 6:00pm and cut the grass, may only be cut after dew or rain has evaporated from the grass, will be recommended to only mow only dry grass.

2.5 Contractor must comply with all applicable VA guidelines, medical center by-laws, rules and regulations, hospital policies/procedures, and act in accordance with current Joint Commission standards.

2.5a. Contractor shall perform edging where lawns are adjacent to existing roads, walks, fences, walls, saucers, etc. and shall maintain a uniform / straight edge, this should be performed with every mowing.

2.5c. Contractor trimming where lawns are adjacent to existing planting beds, fences, walls, saucers, etc. the contractor shall maintain the lawn at the same height as the mower. Trimming shall be performed with every mowing. Trimming around tree trunks and shrubbery shall be performed with hand clippers so no damage occurs to the trunks and or shrubs. Keep always grass out of planting beds and tree saucers.

2.5d. Coordinating with other work the contractor shall be required to coordinate his mowing operations with work performed by others. This mainly applies to work being performed by the weed control and fertilization workers but may include construction and other maintenance operations. The contractor shall avoid damaging existing sprinkler systems during grass cutting. Damage to existing sprinkler systems caused by the contractor, shall be repaired by the contractor at no cost to the government. Any damage or breakage of any glass caused by the operation of any worker and or operation of any contractor’s equipment shall be repaired at the expense of the contractor at no cost to the government.

2.5e. Contractor shall clean-up all sidewalks and curb lines of mowing debris with leaf blowers or rakes and brooms after each mowing and trimming.

2.5f. Contractor is responsible for any damage to existing plants caused by maintenance operations. Any plants damage will be replaced by the contractor at no cost to the VA Memphis.

2.5g. Contractor during fertilization must maintain lawns in a healthy green color. Apply 30-10-10 fertilizer at a rate of 8 pounds per 1000 sf between March 15 and April 1. Apply complete balanced fertilization 13-13-13 at a rate of 8 pounds per 1000 sf between July 1 and July 14 and repeat applications between August 15 and September 1. The contractor shall take three (3) soil samples whereas directed by the Chief Engineer and have those samples tested by an independent laboratory to determine if the soil tests reflect fertilization problems. All fertilizer shall be slow-release type. Soil sample analysis will be performed annually.

2.5h. The contractor shall apply a per-emergent and post emergent during the spring and fall months, prior to the end of April and October. The prevention of weed control is the contractor’s responsibility and the chemical applications shall be conducted for each season of the year as required to maintain control of weeds throughout the facility grounds and courtyards and patio area.

2.5i. The contractor shall apply lime between November 1 and November 14. Apply lime at a rate of 5 pounds per 1000 S.F on all turf area. This will be done during the first year of the contract.

2.5j. The contractor will be required to notify the Chief Engineer and COR prior to applying any chemicals or fertilizer to the lawn area. Any spray – on chemical shall be properly colored (dyed) so application coverage can be verified.

2.5k. Contractor shall clean up after completing any of the items referenced above, the contractor shall thoroughly clean and dispose of site debris created from these operations. Walks and roads must be completely free of any debris created by the contractor’s operations.

2.5l. Contractor must maintain planting beds, patios, and gardens weed control shall apply an approved pre-emergent / broad leaf herbicide between March 1and March 15 and repeat application between September 1 and September 15. During the heat of summer (between June 1 and August 15) the contractor shall control weeds by spot spraying an approved post emergent. The contractor shall maintain planting beds, so no weeds are evident, dead, or alive. This will require hand pulling of weeds.

2.5m. Contractor during fertilization shall maintain shrubbery in a healthy green color. The contractor shall apply 13-13-13 at a rate of 8 pounds per 1000 s.f between April 1 and April 30th in conjunction and coordinated with the aeration. The contractor shall apply 6-12-12 at a rate of 15 pounds per 1000 s.f between August 15 and September 1. All fertilizer shall be slow-release type.

2.5n. Contractor shall prune all existing plants in such a manner that the natural shapes are retained. All hedgerows shall be trimmed to maximum height of 36 inches. Pruning operations shall be performed in the dormant season whenever possible. Plants that overhang into passageways and parking areas, as well as damaged plants, shall be pruned as required by the government. Cut liriope back between March 1 and March 15 (after the last hard freeze). All debris created from pruning operations shall be removed from the Medical Center daily. Contractor shall provide annual bedding plants and labor, materials required to install 6000 total annual bedding plants, 5 inch to 6-inch pot size, in all courtyards and planters, that include the patio and courtyard planting beds (bed tower breezeway north and south sides, bed-tower atrium planters, SCI first floor northside, Jefferson St. VA sign by lab entrance). Locations of plantings shall be determined by the government in existing planting beds.

2.5o. Contractor shall install Spring plants between April 15 and May 31. The contractor shall provide a list of recommended plants for the season with information including colors of the plants. The size of the plants shall be at least 4” pot size with a total of 3000 spring bedding plants or as required to ensure the bedding areas present a full appearance or as directed by the government. Fall plants shall be installed between October 1 and October 31. The contractor shall provide a list of recommended plants for the season with information including colors of the plants, the size of the plants shall be at least 4” pot size with a total of 3000 fall bedding plants or as required to ensure the bedding areas present a full appearance or as directed by the government.

2.5p. Contractor shall be responsible for the removal of bedding plants after their normal season. Renovate the existing planting beds as necessary after removal of the bedding plants to provide a clean and uniform appearance. The contractor will guarantee the healthy growth of all bedding and planter plants during their normal growing season. Replacement of unhealthy or dead bedding plants will be the responsibility of the contractor at his expense unless damaged by other contractors or VA. A warranty of one year shall be provided by the contractor to warrant new plants (annuals and all permanent plantings)

2.5q. Contractor shall rake mulching of all beds surfaces at least once a week to maintain a fresh appearance and to remove any foreign material (trash, paper, etc.) the contractor shall provide an additional 2” of processed shredded hardwood mulch to all planting beds and planters between April 15 and May 31st and between October 1 and October 31.

2.5r. Contractor shall apply a treatment of insecticide on all plants up to 12 feet tall in late spring and repeat application between July 1 and July 15. Application must be installed in strict accordance with the manufacturer’s instructions. Spot spray problem areas as necessary during the year. Annual bedding plants shall be continually maintained and sprayed for insects and diseases during their normal growing season. In early spring the contractor shall apply dormant oil on all ornamental plants on the VAMC property.

2.5s. Contractor shall submit reports of dead plants in writing with a proposal indicating the replacement costs of the same species and plant size. As determined by the government, the contractor may be compensated for replacing dead plants only when the death was caused by acts other than that caused by the contractor. The contractor shall replace plants damaged or killed by his operations at no cost to the government. Any plants found onsite that are dead shall be reported to the COR by the contractor.

2.5t. Contractor shall fertilize all trees (up to 16” in caliper) with a deep root injection of a soluble fertilizer containing 2 pounds of nitrogen per tree. The application shall be performed bi-annually between March 1 and March 15 (first year and third year). The contractor shall create a minimum 3-foot radius saucer around all trees up to 16” in caliper. The saucers shall be created by removing existing turfs and installing 12” of processed shredded hardwood mulch to maintain saucers so weed and grasses are not apparent inside the saucer. The contractor shall up limb all trees, shrubs, and plants as directed by the COR without height restriction. This includes the removal of dead limbs laying on the ground and live limbs as deemed necessary for the health of the tree and safety of staff and visitors or as directed by the COR to facilitate operations as directed or required for safety reasons. All tree trimming and up limb shall be conducted twice a year and or every six months as indicated during the months of (April and October) and as needed for safety reasons as directed by the COR. the surrounding grounds shall be policed weekly with all limbs, branches and pruning removed and disposed of during the normal business and in conjunction with the daily compliance of the contract.

2.5u. Contractor shall remove all vines, undergrowth or any weed material on any perimeter or interior fencing on the property. Maintain fence rows, clean of trash, and weed free. The contractor shall perform complete leaf and pine needle removal to include all miscellaneous and associated debris of this type on the VA property. Perform leaf removal prior to the installation of mulch in planting beds. Remove leaf material as required during the growing season. All debris created from leaf removal shall be removed from the VA daily. Contractor shall continually spray for weed growth in the sidewalks, asphalt, curbs, and gutters, with a non-selective herbicide to prevent further growth, weeds shall not be visible in these areas. The VA will provide water for the contractor’s use in the watering turf areas, planting beds, and trees to maintain healthy growth in areas that are not covered using a sprinkler system. The COR will work with the contractor to establish appropriate watering schedules for new plantings. Maintenance of (5) facility courtyards to include the following work throughout the year location are (1) SCI courtyard, (2) Bed Tower Courtyard North & Southside on 2nd floor, (1) bed Tower Patio South Lab entrance will be watering of all pots as needed thought-out the year, treatment of all water fountains to include cleaning and insect control, Installation of seasonal color in the SCI Courtyard to include two seasonal change outs per year, General weeding and basic landscape maintenance of all courtyards as needed and weekly inspection for wasps/insects or other items that may need immediate attention.

2.5v. Contractor Shall provide exterior property clean up maintenance of the exterior property clean up maintenance specified in the contract shall include all property currently owned by the VAMC Memphis which includes the hospital property located at 1030 Jefferson Avenue, bound by Poplar Avenue, Jefferson Avenue, Pauline Street, and the I-240 expressway, and the parking lot bordered by Jefferson, Somerville, Court and Waldren. The contractor shall furnish all labor, materials, equipment, supervision, and quality control necessary for the daily clean-up of the exterior of the above property. Contractor shall remove all trash, cigarette butts and other debris from the grounds and parking lots each day between the hours of 5am and 1pm Monday thru Saturday, to exclude all government holidays. The contractor shall dispose of all collected material in the VA Medical Center dumpster located adjacent to building 10. Work shall include the emptying and removal of trash cans and the emptying and removal of the contents of ash trays. The contractor shall provide trash bags in all trash cans and keep cans clean. Water for cleaning trash cans will be made available by the VAMC. Work shall be performed in all areas / sections as outlined and or indicated on the attached drawing.

2.5w. Contractor shall perform all work between the hours of 5:00am and 1pm Monday through Saturday, excluding government holidays. Contractor shall work with the COR to prioritize areas to be addressed first thing daily. All trash removal and policing of the VAMC grounds and adjoining walkways shall be completed by 1pm each day. Trash containers will be emptied each day, Monday thru Saturday, excluding government holidays. The contractor will perform quality control including weekly inspection of the grounds to include written reports provide to the COR. water used for cleaning the trash cans will be made available by the VAMC. The trash cans shall be pressure washed and cleaned with disinfectant once a year. Work shall be performed in all areas indicated on the attached drawing. Trashcans can be brought to the M&R Building 10 for scheduled cleaning Monday thru Friday 07:00am to 4: pm.

2.6 Work Hours and Period of Performance –

VAMC Memphis normal working hours are Monday through Friday 0700-1600 (with one half hour for lunch), excluding federal holidays. All service shall be performed during normal working hours unless the Contracting Officer’s Representative (COR) provides written consent to the Vendor. The facility observes the following federal holidays:

Page 1 of Page 1 of

New Year’s Day Martin Luther King, Jr. Day Presidents’ Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Juneteenth Day

Page 1 of Page 1 of Page 1 of

Period of Performance:

The period of performance period of this contract shall consist of one -1 twelve (12) month base period, and four (4) one year option periods. The total length of the contractor shall not exceed 60 months starting from October 01, 2022 to September 30, 2028.

2.7 Response times

The Vendor’s response time to phone inquiries shall be within two (2) hours.

3. Qualifications.

3.1. The Contractor shall provide chemical controls required under this contract shall be applied by licensed operator incorporating EPA approved material and application methods.

Technician providing landscape maintenance, inspection and repair services under this contract is fully trained and completely competent to perform the required services covered by this contract. For EPA registration, Active Ingredients, Dilution Ratio, and amount of chemical used.

Contractors shall provide a degreed / qualified manger on-site superintendent to ensure high quality work. The superintendent must be found satisfactory to the Contracting Officer.

II. Administrative Requirements.

HIPAA Compliance

Under HIPAA Privacy and Security Rules, the Contractor providing services under this contract is a “covered entity,” and thus is not required to enter into a Business Associate Agreement with VA. However, the Contractor must observe Public Law 104-191 and all respective regulations implementing this law while providing services under this contract.

III. Quality Management.

1. Quality Assurance

1.1 The Contractor shall perform services under this contract in accordance with the ethical, professional, and technical standards of the healthcare industry, and must meet, or exceed, the current quality assurance standards recognized by Joint Commission and mandated by VHA quality assurance policies and/or performance measures. A copy of these standards, policies, and performance measures may be viewed by contract personnel in the Office of the Chief of Staff.

1.2 The Contractor will not participate in, nor be a party to, any activities which conflict with Federal and/or State guidelines. In the event the Contractor encounters said conflicting situations, the Contractor will notify the COR or the Contracting Officer to resolve such issues. The Contracting Officer will document and be responsible for resolution of any such situations. Neither the VA nor the Contractor will be responsible for any delays or failures to perform due to causes beyond each party's control.

1.3 The Contractor shall perform the functions required in this statement of work in accordance with the rules of medical ethics, Federal, State, and local laws, rules and regulations, and the Joint Commission requirements. The Contractor will not participate in, nor be a party to, any activities which conflict with Federal and/or State guidelines. In the event the Contractor encounters said conflicting situations, the Contractor will notify the COR or the Contracting Officer to resolve such issues. The Contracting Officer will document and be responsible for resolution of any such situations. Neither the VA nor the Contractor will be responsible for any delays or failures to perform due to causes beyond each party's control.

A. CONTRACT AWARD MEETING

The Vendor shall not commence performance on the tasks in this SOW until the CO has advised the Vendor to do so.

B. GENERAL REQUIREMENTS

1. For every task, the Vendor shall identify in writing all necessary subtasks (if any), associated costs by task, and along with associated sub-milestone dates. The Vendor's subtask structure shall be reflected in the technical proposal and detailed work plan.

2. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

3. Where a written milestone deliverable is required in draft form, the VA will complete their review of the draft deliverable within 5 calendar days from the date of receipt. The Vendor shall have 5 calendar days to deliver the final deliverable from date of receipt of the Government’s comments.

C. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables: The Vendor shall provide the specific deliverables described below within the performance period stated in Section A.4 of this SOW.Task One: Deliver all items as outlined in this SOW.

Requirement Number Description of Solution

1 Provide all equipment and warranty as outlined in SOW.

2 Service agreement required

D. SCHEDULE FOR DELIVERABLES

1. The Vendor shall complete the Delivery Date that is agreed upon by CO.

2. If for any reason any deliverable cannot be delivered within the scheduled time frame, the Vendor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed.

This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations.

E. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project.

F. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the Vendor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the Vendor. Any request for information relating to this task order, presented to the Vendor, shall be submitted to the CO for response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

PART 6 – PRIVACY, SECURITY & TRAINING:

The contractor’s staff will check in with the VA Engineering to receive a VA work authorization badge. Contractor’s staff must provide proper documentation to receive a badge. Contractor’s staff will smoke in the designated areas on the VA grounds. Contractor’s staff will not park in patient parking areas. Contract parking is limited on the grounds first come first serve.

The contractor is required to follow all regulations and safety requirements of the VA such as OSHA, NFPA, EPA, etc. Appropriate PPE must be worn always as well.

Contractor and their staff are not permitted to take any pictures, videos, or drawings of any type. Taking of photographs/videos are prohibited while on VA premises.

TRAINING: The contractor’s staff (those who will be on VA property working) will be required to complete the TMS (20939) training prior to the work beginning. The contractor will either personally bring the training certificates or E-mail the certificates to the COR so they can be kept on file for one year.

TRAINING

For you to engage in your work at VA, you are required to ensure all contractors who will be working on the contract complete a mandatory training program titled VA Privacy Training for Personnel without Access to VA Computer Systems or VA Sensitive Information (VA20939). This training is offered through the VA Talent Management System (TMS), a system that offers web-based training to VA employees and its partners. Contractor employee will self-enroll for a TMS training profile on the VA TMS by visiting https://www.tms.va.gov/SecureAuth35/. Once there, the employee will follow the steps that follow to create a profile, launch the mandatory training, and complete the content prior to their next day at VA. Upon completion by all employees, the contractor shall provide their Contracting Officer Representative (COR) with each employee’s printed certificate of training completion from the TMS. This certificate displays the employee’s TMS User ID.

Failure to complete the mandatory within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

VA HANDBOOK 6500.6 MARCH 12, 2010

APPENDIX C C-2

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor / subcontractor's rights to use data as described in Rights in Data

- General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of

VA Records Management:

1. Citations to pertinent laws, codes, and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

1. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

1. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

1. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

1. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

1. The Government Agency owns the rights to all data/records produced as part of this contract.

1. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver enough technical documentation with all data deliverables to permit the agency to use the data.

1. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

1. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

1. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

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.