36C25018Q9504-001.docx

36C25018Q9504

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

610-19-1-6062-0003 36C25018Q9504 08-17-2018 Nikki Horther 260-426-5431 x 71593 09-04-2018 1:00 Department of Veterans Affairs Network Contracting Office 10 Ft. Wayne Campus 2500 E State Blvd Fort Wayne

IN

46805 X X 562211 $38.5 Million X N/A X Department of Veterans Affairs Northern Indiana Health Care System Ft. Wayne Campus - 2121 Lake Avenue Fort Wayne

IN

46805 Department of Veterans Affairs Network Contracting Office 10 Ft. Wayne Campus 2500 E State Blvd Fort Wayne

IN

46805

Department of Veterans Affairs Financial Management System (FMS) PO Box 149971 Austin

TX

78714-9971 512-242-7300 N/A X Contractor shall provde all necessary supervision, processing, equipment, supplies, packaging, labor/personnel, manifests, reports, and transportation services for the disposal of regulated medical waste for VA Northern Indiana Health Care System in accordance with the Statement of Work.

See Schedule of Supplies/Services 610-36900162-6062-856700-2542 010056100 X x Nikki Horther Contracting Officer 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: Name: ___________________________________________

Address: _________________________________________

City, State, Zip: ___________________________________

Telephone Number: ________________________________

Fax Number: _____________________________________

E-mail address: ___________________________________

DUNS: __________________________________________

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

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

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly

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.

5. SUBMISSION OF OFFER:

a. Offerors shall complete and return all information designated in:

1) Blocks 17(a) and 30(a-c) of SF 1449

2) Contract Administration Data

3) The Price/Cost Schedule, Section B

4) 52.212-1, Instructions to Offerors--Commercial Items, Quote Submission Information

5) 52.212-3, Representations and Certifications, or valid completion in SAM is acceptable

Information shall be received by the date and time specified in Block 8 of SF 1449 to be considered for award.

Quotes may be sent:

Electronically via e-mail to nikki.horther@va.gov or CD sent to Department of Veterans Affairs, VA Outpatient Annex, Attn: Nikki Horther (90C), 2500 E State Boulevard, Room 415, Fort Wayne, IN 46805.

b. By submission of an offer, the offeror acknowledges the requirement that the prospective awardee shall be registered in the System for Award Management (SAM) database prior to award. Offerors who are not registered in SAM should consider applying for registration immediately. Registration in SAM is a requirement to conduct business with the Federal Government. If the prospective awardee is not registered in SAM within the timeframe specified by the Contracting Officer, the successful offeror may be removed from further consideration for award. Offerors can register in SAM at https://www.sam.gov.

c. Simplified Acquisition Procedures of FAR Subpart 13.5 are being used to conduct the procurement.

d. Offeror must be certified in the SAM representations and certifications in FAR 52.212-3 that the firm meets the small business size standard for the NAICS Code assigned to the procurement.

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

AMENDMENT NO DATE

B.2 SCHEDULE OF SUPPLIES/SERVICES

Description: The contractor shall provide all necessary supervision, processing, equipment, supplies, packaging, labor/personnel, manifests, reports, and transportation services for the disposal of regulated medical waste for VA Northern Indiana Health Care System and two Community Based Outpatient Clinics (CBOCs) in accordance with all local, state, and federal regulations and in accordance with the statement of work, for the period of October 1, 2018 through September 30, 2019 with four one-year option periods to be exercised at the discretion of the Government.

The total minimum dollar amount, or guaranteed minimum, for the contract is $500.00.

The maximum total of the contract shall not exceed $150,000.00.

Invoices shall list the line item number for each service rendered.

Schedule of Services:

A. BASE YEAR: October 1, 2018 through September 30, 2019

675 pounds/week

200 pounds/week

4 containers/twice monthly

3 containers/month

1 container/quarterly

TOTAL BASE YEAR PRICE $__________________________

B. Option Year 1: October 1, 2019 through September 30, 2020

675 pounds/week

200 pounds/week

4 containers/twice monthly

3 containers/month

1 container/quarterly

TOTAL OPTION YEAR 1 PRICE $__________________________

C. Option Year 2: October 1, 2020 through September 30, 2021

675 pounds/week

200 pounds/week

4 containers/twice monthly

3 containers/month

1 container/quarterly

TOTAL OPTION YEAR 2 PRICE $__________________________

D. Option Year 3: October 1, 2021 through September 30, 2022

675 pounds/week

200 pounds/week

4 containers/twice monthly

3 containers/month

1 container/quarterly

TOTAL OPTION YEAR 3 PRICE $__________________________

E. Option Year 4: October 1, 2022 through September 30, 2023

675 pounds/week

200 pounds/week

4 containers/twice monthly

3 containers/month

1 container/quarterly

TOTAL OPTION YEAR 4 PRICE $__________________________

TOTAL CONTRACT PRICES

TOTAL BASE YEAR PRICE $__________________________

TOTAL OPTION YEAR 1 PRICE $__________________________

TOTAL OPTION YEAR 2 PRICE $__________________________

TOTAL OPTION YEAR 3 PRICE $__________________________

TOTAL OPTION YEAR 4 PRICE $__________________________

TOTAL AGGREGATE PRICE $__________________________

B.3 STATEMENT OF WORK

Part I: General Information

A. Introduction The Department of Veterans Affairs VA Northern Indiana Health Care System (VANIHCS), with campuses in Fort Wayne and Marion, IN, two Community Based Outpatient Clinics (CBOCs) and an Annex, requires regulated medical waste services.

B. Background VANIHCS is a medical facility providing both inpatient and outpatient services to Veterans. Regulated medical waste is generated in providing care to Veterans. Proper collection and disposal of medical waste ensures a safe and healthy environment for all.

C. Scope Contractor shall provide all necessary supervision, processing, equipment, supplies, packaging, labor/personnel, manifests, reports, and transportation services for the disposal of regulated medical waste in accordance with all local, state, and federal regulations. Services are required at VANIHCS campuses in Fort Wayne and Marion, Indiana, two of its CBOCs located in Muncie and Peru, Indiana and at the Fort Wayne Annex, Fort Wayne, IN.

Part II: Work Requirements

A. Technical Requirements Contractor shall provide all necessary supervision, processing, equipment, supplies, packaging, labor/personnel, manifests, reports, and transportation services for the disposal of regulated medical waste in accordance with all local, state, and federal regulations. Services shall be rendered to VANIHCS campuses in Fort Wayne and Marion, Indiana; Fort Wayne Annex in Fort Wayne; and two CBOCs located in Muncie and Peru, Indiana. Regulated medical waste pick-ups shall be made weekly at the campuses in Fort Wayne and Marion; two times per month at the Muncie CBOC, one time per month at the Peru CBOC, and quarterly at the Fort Wayne Annex between the hours of 8:00 am and 2:00 pm. Contractor shall pick-up, transport, incinerate or otherwise properly dispose of all medical waste from the VA facilities. Contractor shall provide plastic, sealable, stackable tubs to store regulated medical and confidential waste. Containers shall clearly be marked as regulated medical waste.

1. Contractor shall provide appropriate containers. The containers shall be leak-proof, stackable, transportable, and shall display the universal biohazard symbol. Contractor shall provide the appropriate color bags to be used as liners for the containers. Contractor shall provide labels for all containers. The containers shall be approximately 24” x 24” x 24”, not weigh more than 35 pounds when filled and shall be approved by the Contracting Officer’s Representative (COR). Contractor shall remove full containers and replace them with an equal number of empty containers. Contractor shall sanitize containers before leaving them at VA for use. Sanitizing shall be completed off of VA grounds. All containers shall be damage-free and in good working order at all times.

2. Potentially infectious waste may consist of, but is not limited to:

· Liquid or semi-liquid blood or other potentially infectious materials;

· Containment items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed;

· Items that are caked with dried blood or other potentially infectious material and are capable of releasing these materials during handling;

· Contaminated sharps; and

· Pathological and microbiological waste containing blood or other potentially infectious materials.

3. The estimated quantities by location are:

· Fort Wayne – 35,000 pounds annually; sharps, chemotherapy and medical waste

· Marion – 10,000 pounds annually; sharps and medical waste

· Muncie CBOC – 96 containers annually; sharps and medical waste

· Peru CBOC – 36 containers annually; sharps and medical waste

· Fort Wayne Annex – 4 containers annually; sharps only

4. Prior to departing the VA facility, Contractor shall certify the number of containers picked up. A signature shall be obtained for proof of pickup and to ensure proper payment.

5. Contractor shall comply with state and local requirements, including obtaining all necessary permits, licenses, and approvals. All Indiana Department of Environmental Management (IDEM), Department of Transportation (DOT) and Indiana Department of Transportation (INDOT) rules and regulations shall be strictly complied with. Contractor shall ensure that the handling and final disposal of regulated medical and sharps waste complies with IDEM, DOT, Environmental Protection Agency (EPA), Department of Health (DOH), Department of Environmental Conservation (DEC), Food and Drug Administration (FDA), and applicable Federal, State and Municipal governmental regulations and codes. This shall include transport vehicles, marking requirements for containers, and manifest requirements. Contractor shall provide proof of processing permits, transportation licenses, all City Permits, and proof of a permit annually thereafter. Contractor shall obtain VA and IDEM approval of disposal facility.

6. Contractor shall report 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 occurred during contract performance these shall be briefly summarized to include: quantity spilled, personal injury involved, assistance required, and a narrative summarizing all on-scene visits made by local, state or federal officials. Contractor shall be solely responsible for all spills or leaks during the performance of the contract. Contractor shall 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 VA.

7. Contractor personnel and equipment shall comply with all applicable state, federal and local regulations. Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property. Contractor shall ensure that all personnel involved in the handling, repackaging, and transportation of the items listed herein shall be trained in the areas of spills, and general first aid procedures.

8. Contractor shall maintain one hundred percent confidentiality of all waste, regardless of origin. Contractor shall secure waste properly and protect sensitive information from third party sources.

9. Contractor shall collect, reprocess containers and dispose of waste in compliance of all applicable Federal, State and Local regulations including the following standards: (1) Occupational Safety and Health Administration (OSHA), including but not limited to Blood Borne pathogens Standard 29 CFR 1910.1030 and the Needle Stick Safety and Prevention Act HR 5178 as it specifically relates to reusable containers, (2) Indiana’s Hazardous Waste Rules 329 IAC 3.1-6, (3) Food and Drug Administration (FDA) including but not limited to Title 21 of the Code of Federal Regulations (CFR) and Quality Systems Regulation (QSR) with regards to reprocessing, validation, reporting and annual registering for all equipment used to release medical equipment into commerce. VA reserves the right to thoroughly inspect Contractor’s facility and treatment plant to assure acceptable standard of performance.

10. Contractor shall provide their employees with appropriate protective clothing, equipment and apparel as prescribed by the Occupational Safety & Health Administration (OSHA) and the Department of Labor (DOL). Technician shall be dressed neatly in appropriate uniform, free from visible soil or excessive wrinkling, and wear an identification badge at all times when servicing a VA facility.

11. Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract. Contractor shall incur all cost associated with fulfilling this contingency plan at no additional expense to the Government. Contractor shall be liable for all expenses incurred by the Government due to Contractor’s inability to perform in accordance with these requirements.

B. Deliverables

1. Contractor shall provide a monthly report showing total poundage of waste collected, including totals and total costs for all locations for the previous month. The report shall be delivered to the COR the first week of the month after services have been rendered.

2. A waste manifest is required for the removal from the Government premises of all waste in this contract. Contractor shall obtain and prepare all manifests and furnish to the COR. All waste picked up shall be listed. The pick-up manifests shall be reviewed and signed by the appropriate VA Government official (COR or his/her designee). Manifests shall be submitted in such a manner as to comply with the timeliness prescribed by state regulations, and in any case, prior to, or in conjunction with invoicing. The manifest shall show pick-up date, arrival date at the disposal site, disposal date, weight and other certifications as required by EPA and IDEM.

3. Contractor shall prepare a Certificate of Incineration. This certificate shall be submitted with, or prior to, the invoices. Any differences between the manifest and what was incinerated shall be thoroughly described and documented. Attachments to the Certificate of Incineration may be used, if necessary. Documentation shall be provided to prove that the disposal of all regulated medical waste has been accomplished. A certificate of proper disposal shall be attached to the manifest and submitted with, or prior to, the submittal of invoices.

4. Contractor shall maintain a log of regulated “Sharp Waste” shipments which include quantity of waste shipped, sources and delivery points. (Note: This requirement shall not be confused with manifest requirement mentioned and referred to elsewhere). Records shall be kept on file for three years.

Part III: Supporting Information

A. Security The C&A requirements do not apply and a Security Accreditation Package is not required. Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Station. VANIHCS will not invalidate or make reimbursements for parking violations of Contractor under any conditions. Smoking is prohibited inside any building at VANIHCS. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violation of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state or municipal court.

B. Place of Performance:

VANIHCS, 2121 Lake Avenue, Fort Wayne, IN 46805 – Building 1 Dock VANIHCS, 1700 E 38th Street, Marion, IN 46953 – Building 174 Dock Storage Room Muncie CBOC, 2600 W White River Boulevard, Muncie, IN 47303 - Dock Peru CBOC, 750 N Broadway, Peru, IN 46970 – Dock Fort Wayne Annex, 2500 E State Boulevard, Fort Wayne, IN 46805

C. Period of Performance:

36C25018Q9504 The performance period is from October 1, 2018 through September 30, 2019 with four one-year option periods to be exercised at the discretion of the Government.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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 ITEMS 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 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from effective date of award through the last day of the last option period exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $1,000.00;

(2) Any order for a combination of items in excess of $2,000.00; or

(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the last option period exercised.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

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

(End of Clause)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.8 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(End of Clause) C.9 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6, Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of clause)

C.10 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

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

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract.