36C24925Q0405.pdf

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

36C24925Q0405 08-06-2025

Nicole McVey 615-225-6502 08-15-2025

1:00 PM CDT

Department of Veterans Affairs Network Contracting Office 9 Attn.: Nicole McVey 1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

X 100

X

562211

NET 15

N/A

X

Department of Veterans Affairs Robley Rex VA Medical Center 800 Zorn Ave.

Louisville KY 40206

Network Contracting Office 9 Department of Veterans Affairs Attn.: Nicole McVey 1639 Medical Center Parkway Suite 204 Murfreesboro TN 37129

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

Robley Rex VA Medical Center, Request for Quote IAW FAR Part 13 to provide Medical Waste Removal Services as outlined in the Statement of Work. All references within shall replace the term "offer" with "quote" and "offeror" with "quoter." Comparative evaluations of quotes will be performed IAW FAR 13.106-2(b) best value based on price and other factors. (See E.1 Addendum for FAR 52.212-1). This requirement is 100% set aside for SDVOSB contractors.

This RFQ will result in a Blanket Purchase Agreement (BPA) with a period of performance of 09/01/2025 through 08/31/2028. The BPA will consist of a one-year ordering period and 2 additional one-year ordering periods.

Please refer to Section D for Wage Determinations which are applicable to the base ordering period.

Contractors claiming SDVOSB status must be registered through SBA Small Business Search at https://search.certifications.sba.gov/ when the quote is received and at the time of award.

603-3650162-5043-850300-2580 0100401X1

X X

Elyse N. McVey

36C24925Q0405

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 STATEMENT OF WORK

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 TERMS AND CONDITIONS

B.4 ADMINISTRATIVE DATA

B.5 OPTION TO EXTEND THE TERM OF THE BPA

B.6 GENERAL SERVICES ORDERS

B.7 NONPERSONAL SERVICES

B.8 AUTHORIZED LIMITS

B.9 OBLIGATION OF FUNDS

B.10 PERIOD OF PERFORMANCE

B.11 AUTHORIZED INDIVIDUALS

B.12 ORDER FORMAT

B.13 AUTHORIZED REPRESENTATIVES

B.14 FEDERAL HOLIDAYS

B.15 INVOICES

B.16 PRECEDENCE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATIONS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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

SERVICES (NOV 2021)

COMMERCIAL SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 STATEMENT OF WORK

1. DESCRIPTION OF SERVICES

1.1 The contractor shall furnish all labor, materials, tools, equipment, containers, and supervision necessary to provide transportation and disposal of the following wastes for the Robley Rex Veterans Administration Medical Center (VAMC), 800 Zorn Ave, Louisville, Kentucky, and surrounding Community-Based Outpatient Clinics (CBOCs):

• Regulated Medical Waste (RMW)

• Trace Chemotherapy Waste

• Pathological Waste

Table A: Pick Up Location, Type Waste, Estimated Number of Containers

Location Waste Type Pickup Frequency

Estimated # Containers

Medical Center RMW/Trace Chemotherapy Every two weeks

18 (Medium Box)

Morgue Pathological Waste

Every two weeks

2 (32-gallon tub)

Greenwood

CBOC

RMW Every two weeks

4 (32-gallon tub)

Newburg CBOC

1. Newburg

CBOC – Main Clinic (Room “238 – Soiled Utility”)

2. Newburg Women’s Clinic (Room “C208 – Soiled Utility”)

1. RMW

2. RMW

1. Weekly

2. Every two weeks

1. 4 (32-gallon tub)

2. 2 (32-gallon tub)

Carrolton CBOC RMW Monthly 3 (32-gallon tub)

Scottsburg

CBOC

RMW Every 2 weeks

3 (32-gallon tub)

Grayson CBOC RMW Every 2 weeks

4 (18-gallon sharps)

New Albany

CBOC

RMW Weekly 3 (32-gallon tub)

Fort Knox CBOC RMW Every 2 weeks

4 (32-gallon tub)

Stonybrook

CBOC

RMW Every 2 weeks

3 (32-gallon tub)

Elizabethton

CBOC

RMW TBD TBD

La Grange CBOC RMW TBD TBD

The Veterans Administration (VA) reserves the right to increase or decrease the pickup frequency, estimated Number of Containers, and Type of Containers listed in Table A through a bilateral modification.

Table B. Pick Up Location Addresses Location Address

Medical Center 800 Zorn Avenue, Louisville, KY 40206 Morgue 800 Zorn Avenue, Louisville, KY 40206 Greenwood CBOC 7410 Dixie Highway Louisville, KY 40258

Newburg CBOC Main Clinic

Newburg Women’s Clinic

3430 Newburg Road, Louisville, KY 40218 Room 238- Soiled Utility Closet

3430 Newburg Road, Louisville, KY 40218 Room C208- Soiled Utility Closet

Carrolton CBOC 1911 KY-227, Carrolton, KY 41008

Scottsburg CBOC 1467 North Scott Valley Drive, Scottsburg, IN 47170

Grayson CBOC 619 West Main Street, Clarkson, KY 42726

New Albany CBOC 5347 Security Parkway, New Albany, IN 47150

Fort Knox CBOC 282 Brule Steet, Building 875, Fort Knox, KY 40121

Stonybrook CBOC 9208 Taylorsville Road, Louisville, KY 40299

Elizabethtown CBOC TBD (Lease) Elizabethtown, KY

La Grange CBOC TBD (Lease) La Grange, KY

1.2 The contractor and the contractor’s employees shall, without additional cost to the government, maintain all licenses and permits to remove, transport, handle, and dispose of the specified wastes.

1.3 The contractor shall provide transportation in accordance with all Department of Transportation (DOT) regulations as well as any state and/or local transportation regulations.

All drivers must have current DOT training and utilize vehicles that meet DOT requirements for placarding.

1.4 The contractor shall provide 32-gallon tub containers for RMW collection that are leak-proof, stackable transportable, and shall display the universal biohazard symbol. The contractor shall provide medium size shipping boxes for RMW and trace chemotherapy waste at the medical center. The contractor shall remove containers and replace them with an equal number of empty containers per the schedule listed in Table A. The contractor shall sanitize containers before leaving them at VA facilities for use. Sanitizing shall not be accomplished at the VA facilities or properties. All containers shall be damage-free and in good working order at all times.

1.5 The contractor is responsible for using approved disposal methods for each waste type.

Incineration and landfill locations shall be approved by the Contracting Officer’s Representative (COR) prior to the contractor using them for disposal of collected wastes.

1.6 The contractor is responsible for providing waste manifests and documentation certifying the final destruction of each waste type. All documents shall be provided in an electronic format. At a minimum, documents shall state the number of containers and weights for each shipment.

1.7 The contractor shall be responsible for reporting to the COR all spills, regardless of quantity, and all personnel exposures. Such reports shall first be reported by telephone immediately following the incident and shall be followed up in writing no later than seven (7) days after the initial report. When reporting a spill, the following information shall be furnished:

(1) Quantity spilled.

(2) Exact location of spill.

(3) Containment procedures initiated; and

(4) Clean-up and disposal procedures.

If any spills occur during contract performance these shall be briefly summarized. Include:

quantity spilled, personal injury involved, assistance required, and a narrative summarizing all on-scene visits made by local, state, or federal officials. The contractor shall be solely responsible for all spills or leaks during the performance of the contract. The contractor agrees to clean up such spills or leaks to the satisfaction of the Government in a manner which satisfies the applicable state, federal and local laws, and regulations, at no cost to the Government.

1.8 Contractor shall comply with the following minimum standards: Customary Commercial Practices/Standards: (Hospital Operations and Services Regulation 902 KAR 20:016 Section 3(10) (g) 3), Nursing Facility Operations and Services Regulation 902 KAR 20:300 Section 6 (7)

(b) 4 c, JCAHO Environment of Care Standard 3.10.8.

2. PERMITS AND LICENSING

2.1 Contractor shall submit, as part of its quote, copies of all applicable permits and licenses for all employees conducting the work at the Louisville VAMC all Community-Based Outpatient Clinics (CBOCS).

2.2 In the quote the contractor shall provide proof of regulatory compliance such as inspection reports, policies and procedures, staff training records, and emergency plans.

3. QUALITY CONTROL/ASSURANCE

3.1 The contractor shall develop and maintain a quality control program to ensure services are performed in accordance with commonly accepted commercial practices.

3.2 The VA will appoint a Contracting Officer’s Representative (COR) to monitor performance to ensure services are required. The COR will periodically evaluate contractor’s performance through intermittent on-site inspections of the contractor’s quality control program and receipt of any complaints from VA personnel.

4. SAFETY REQUIREMENTS

4.1 The contractor shall develop and maintain a written safety plan that shall be undertaken to protect the staff of the VA Medical Center and contractor including the surrounding community.

Such safety plan shall be submitted to the government as requested. In the performance of this contract, the contractor shall take such safety precautions as the contracting officer, or his designee may determine to be reasonably necessary to protect the lives and health of the employees and patients of the VA. The contracting officer or his designee will notify the contractor of any noncompliance with the foregoing provisions and the action to be taken. The contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the contractor or his representative at the work site, shall be deemed sufficient for the purpose aforesaid. If the contractor fails or refuses to comply promptly, the contracting officer may issue an order stopping all or any part of the work and may ultimately terminate the contract for default.

5. SHIPMENT SCHEDULE

Shipments shall occur during normal business hours (8:00AM-4:30PM EST) and shall not occur on federal holidays. Shipments shall be periodic and arranged at the discretion of the COR.

FEDERAL HOLIDAYS

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

And any day determined to be a holiday by the President

(End Statement of Work)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

442.00 EA _____________ _____________

Remove/Dispose of Trace Chemotherapy Waste Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage

5.00 EA _____________ _____________

Remove / dispose of MORGUE Regulated Medical Waste Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

364.00 EA _____________ _____________

Remove / dispose of Regulated Medical Waste (RMW) for 800

ZORN AVENUE GREENWOOD CBOC NEWBURG CBOC

CARROLLTON CBOC SCOTTSBURG CBOC NEW ALBANY

CBOC GRAYSON CBOC FORT KNOX CBOC LAGRANGE

CBOC (FUTURE CLINIC) ELIZABETHTOWN CBOC (FUTURE

CLINIC) NEW ALBANY OPC (FUTURE CLINIC)

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

ZORN AVENUE GREENWOOD CBOC NEWBURG CBOC

CARROLLTON CBOC SCOTTSBURG CBOC NEW ALBANY

CBOC GRAYSON CBOC FORT KNOX CBOC LAGRANGE

CBOC (FUTURE CLINIC) ELIZABETHTOWN CBOC (FUTURE

CLINIC) NEW ALBANY OPC (FUTURE CLINIC)

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

ZORN AVENUE GREENWOOD CBOC NEWBURG CBOC

CARROLLTON CBOC SCOTTSBURG CBOC NEW ALBANY

CBOC GRAYSON CBOC FORT KNOX CBOC LAGRANGE

CBOC (FUTURE CLINIC) ELIZABETHTOWN CBOC (FUTURE

CLINIC) NEW ALBANY OPC (FUTURE CLINIC)

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

GRAND TOTAL ______________

B.3 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH the Department of Veterans Affairs:

B.4 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Primary Point of Contact:

Alternate Point of Contact:

UNIQUE ENTITYT IDENTIFIER (SAM):

Cognizant Office:

Department of Veterans Affairs Network Contracting Office 9 Attn.: Nicole McVey 1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

B.5 OPTION TO EXTEND THE TERM OF THE BPA

a. The Government may extend the term of this BPA by written notice to the Contractor at any time prior to the expiration of the BPA, in accordance with FAR 52.217-8 provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the BPA expires. The preliminary notice does not commit the Government to an extension. The extension cannot exceed a 6-month time frame starting from the BPA expirations date of 08/31/2028.

B.6 GENERAL SERVICES ORDERS

a. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Statement of Work (SOW).

b. It is understood and agreed that the BPA holder shall provide Fixed-Price proposals when requested by the Contracting Officer (CO). The contractor's proposal shall be priced using labor rates and labor categories here in provided. The CO will issue Fixed Priced Orders upon completion of negotiations of contractor proposals.

B.7 NONPERSONAL SERVICES

a. In performance of this contract, the BPA holder will provide services as required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within Department of Veterans Affairs.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees.

It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

B.8 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach /per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at $200,000.00 over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, may be considered necessary.

Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.9 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

B.10 PERIOD OF PERFORMANCE

This BPA period of performance is 09/01/2025 through 08/31/2028. This is a continuous period of performance; however, ordering periods are offered as a means for the contractor to provide periodic price increases as necessary. There are no official option years on a BPA.

Base Ordering Period: 09/01/2025 through 08/31/2026 Ordering Period 1: 09/01/2026 through 08/31/2027 Ordering Period 2: 09/01/2027 through 08/31/2028

B.11 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

Department of Veterans Affairs authorizes the following entities to place orders:

NCO-09 Contracting Officers

B.12 ORDER FORMAT

Orders will be placed against this BPA via SF-1449. Each individual BPA Order will describe the tasks, services and deliverables required.

B.13 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is:

Elyse N. McVey Contracting Officer Network Contracting Office 9 Department of Veterans Affairs 1639 Medical Center Parkway, Suite 204

Murfreesboro, TN 37129 Elyse.McVey@va.gov

The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

John Young Safety Specialist john.young8@va.gov 502-287-6854

The Primary COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and the Contractor's Representative shall work together to ensure that all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

The contractor shall immediately notify the Contracting Officer in writing if the COR has taken an action (or fails to take action) or issues directions (written or oral) that the contractor considers to exceed the above limitations.

The contractor shall provide the Contracting Officer information copies of all correspondence to the COR.

B.14 FEDERAL HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below.

New Year’s Day Labor Day Birthday of Martin Luther King, Jr. Columbus Day Washington’s Birthday Veterans' Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

And any other day determined to be a Holiday by the President of the United States.

B.15 INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the COR in the program office as the point of final inspection and acceptance. The BPA holder will submit each invoice, including all back-up data, to the COR for review and signature. When the COR receives an mailto:Elyse.McVey@va.gov mailto:john.young8@va.gov accurate and complete invoice, he/she will notify the BPA holder that they are approved to submit their invoice via Tungsten.

B.16 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar

(End of Clause)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT NOV 2024

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

C.3 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond 08/31/2026. 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 08/31/2026, 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)

FAR

Number

Title Date

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.211-72 TECHNICAL INDUSTRY STANDARDS NOV 2018

852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESSES (DEVIATION)

JAN 2023

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

C.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–

74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________

Printed Title of Signee: _____________

Signature: ____________

Date: ______________

Company Name and Address: _______________

(End of Clause)

C.5 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)

(End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB

2025)

(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:

[] (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.)

[X] (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. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service…