36C25020Q0120-000.docx

36C25020Q0120 Contract Opportunity Combined Synopsis/Solicitation Notice

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ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

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CONTRACTING OFFICE

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice Q TIERED EVALUATION: Regulated Medical Waste Disposal 45219 36C25020Q0120 12-02-2019 N 562211 Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati OH 45219 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation for this action. Proposals are being requested, and a written solicitation document will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-06, 10-10-2019.This solicitation is issued as a Request for Proposal (RFP). Submit written proposals on 36C24820R0020. The North American Industrial Classification System (NAICS) code for this procurement is 562211, with a small business size standard of $41.5 million.

This solicitation starts 11/15/2019 and will end 12/02/2019 at 6:00 PM EST.

The Network Contracting Office 10-RPO intends to award a firm-fixed price contract for Regulated Medical Waste Removal Service, as identified within this Statement of Work (SOW) for the Chillicothe, OH VAMC, associated CBOCs, Columbus, OH VAACC, and it’s associated CBOCs.

All offerors shall be registered in System for Award Management (SAM) at https://www.sam.gov prior to award in accordance with the provisions at 52.212-3 Offeror Representations and Certifications Commercial Items, to be eligible for an award. Also, if you are a Service-Disabled Veteran Owned Small Business (SDVOSB) or Veteran-Owned Small Business, (VOSB), you must be registered in VIP (Vendor Information Pages) at: https://www.vip.vetbiz.gov/ prior to award.

SOLICITATION NOTICE OF TIERED EVALUATIONS

This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127.

TIERED EVALUATIONS: This solicitation is being issued as tiered evaluation with the following tiers: (1) SDVOSB concerns, (2) VOSB concerns; and (3) small business concerns with HUBZone small business concerns and 8(a) participants having priority. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

Contractors interested in providing these services should submit their quotes via email to Megan.wallace@va.gov. Quotes shall be received 12/02/2019 at 6:00 P.M. Eastern Standard Time and reference the solicitation number. Please direct all questions regarding this procurement to Megan Wallace, Contracting Specialist by email: Megan.wallace@va.gov and/or phone at 513-559-3724.

See attached document: 36C250Q0120.

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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.

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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 ATTA

CHED

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 CONDITIO

NS 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

36C25020Q0120 11-15-2019 Megan R. Wallace 513-559-3725 12-02-2019

06:00 PM EST

36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati OH 45219 X X X X X X X Y 562211 $41.5 Million N/A N/A X See Delivery Schedule

36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati OH 45219

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page This solicitation is released to request quotes for Regulated Medical Waste Removal at VA locations specified in SOW.

Please provide quotes, as stated herein, for evaluation no later than the time and date specified in Block 8 of this form.

Quote packages will only be accepted via email and should be delivered to this email address: megan.wallace@va.gov See CONTINUATION Page X Megan R. Wallace Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C250

Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati OH 45219

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

STATEMENT OF WORK

REMOVAL OF REGULATED MEDICAL WASTE

Scope: Contractor is required to provide all necessary labor, tools, equipment and materials to PICK UP, TRANSPORT, and DISPOSE of Regulated Medical Waste for the following two locations forthwith referred to as Location A and Location B. Location A- Chillicothe Veterans Affairs Medical Center, OH and seven (7) affiliated Community Based Outpatient Clinics (CBOC) as specified in parts 1 and 3 below. Location B– Columbus Veterans Administration Ambulatory Care Center (VAACC) Columbus, OH and six (6) affiliated Community Based Outpatient Clinics (CBOC) as specified in parts 1 and 3 below.

1. Initial Containment of Infectious (Regulated) Waste and Chemotherapy Waste:

All regulated Infectious and Chemotherapy waste, except sharps, shall be appropriately bagged by the Columbus VA and Chillicothe VA staff respectively in VA provided red or yellow disposable plastic bags which are impervious to moisture. Infectious waste of “Sharps” category, which originates from the diagnosis, care and treatment of patients that have been or may have been exposed to a contagious or infectious disease, or immunization or in the production or testing of biologicals, shall be disposed of by the Columbus and Chillicothe VA in hard plastic containers designed for that purpose (Red for Biohazard and Yellow for Chemo). The contained infectious waste shall be stored by the government in transport containers, as described below, at the designated locked secure storage sites at each facility. The use of a distinctive, clearly marked container with a biohazard symbol or Chemo emblem is essential. Packaging must maintain its integrity during storage and transport to ensure containment of infectious waste. Waste may not be compacted or mixed with other waste materials prior to destruction and disposal.

Facilities to be served:

Location A – Chillicothe VAMC

1. VA Chillicothe Medical Center, 17273 State Route 104, Chillicothe, Ohio 45601

1. VA Athens CBOC, 88 N Plains Road, The Plains, Ohio 45780

1. VA Wilmington CBOC, 448 West Main Street Wilmington, Ohio 45177

1. VA Southgate CBOC, 2146 Southgate Parkway, Cambridge, Ohio 43725

1. VA Lancaster CBOC,1703 North Memorial Drive Lancaster Ohio 43130

1. VA Portsmouth CBOC, 840 Gallia Street Portsmouth Ohio 45662 (This address will change to 4038 Rhodes Ave, New Boston, Ohio 45662 at a TBD date.)

1. VA Marietta CBOC, 27842 State Route 7 Marietta Ohio 45750

Location B – Columbus VAACC

1. VAACC Columbus, 420 N. James Rd, Columbus, OH 43219

1. VA Zanesville CBOC, 2800 Maple Ave, Zanesville OH 43071

1. VA Newark CBOC, 1855 W. Main St, Newark OH 43035

1. VA Marion CBOC, 1203 Delaware Ave, Marion OH 43302

1. VA Grove City CBOC, 1955 Ohio Ave, Grove City, OH 43123

1. VHA Behavioral Health Facility, 2720 Airport Drive, Columbus, OH. 43219

1. Transport Containers:

The Contractor shall provide clean, disinfected, rigid plastic containers with wheels to the Government at each pickup of stored regulated waste. The Contractor will provide an adequate number of barrels/containers, (RED for Bio and YELLOW for Chemo) with chemotherapy and sharps labels.

The containers will be labeled with Infectious logo or chemo symbol and have lockable/secured snug fitting lids. These containers are to be stackable. The Contractor shall provide the quality of containers as needed and will exchange a clean disinfected container for each filled container picked up. Whenever full containers are picked up at the hospital, a sufficient number of disinfected empty containers will be left in exchange.

Minimum amount of Red (Bio Hazard) and Yellow (Chemo) containers at each respective location:

Chillicothe: Each Chillicothe CBOC always needs at least 3 containers on hand. The main Chillicothe campus needs approximately 60 containers on hand.

Columbus: Each Columbus CBOC needs 3-4 containers on hand. The Main Columbus VAACC needs 80-100 containers on hand.

All containers shall be prominently labeled with the word “BIOHAZARD” and the international biohazard symbol. Infectious waste will be packed, coded, labeled and manifested per USEPA, USDOT, and State of Ohio regulations, statutes, and codes.

Note: The VA supplies the actual sharps containers. The sharp containers are VA responsibility. The Contractor picks up and disposes of the sharp containers from the VA. The double lock containers are provided by the contractors.

1. Pick Up and Transport Frequency/Approximate Quantities:

The Contractor is fully responsible for the pickup and transport of all infectious waste to include chemotherapy waste. The quantities listed below are an average of this paste years collection. CBOC pickup quantities will vary and may include little or no waste for collection at times. Vendor must have and maintain adequate transportation capabilities and staff to service all CBOCs regardless of pickup quantity. Additional fees beyond those identified in the agreed upon fee schedule will not be authorized for losses incurred by the vendor for lack of service capabilities.

Notes:

0. Bi-Weekly as used herein means occurring every two weeks.

0. Must arrive 1 hour before CBOC close time.

0. The approximate quantity/year is listed in the charts below. Chillicothe has red bag waste only, there is no Chemo at Chillicothe. This could change; however, it is not foreseeable at this time.

The pickup schedule for each respective location shall be;

Location A – Chillicothe VAMC

Location B – Columbus VAACC

Veterans Affairs Chillicothe and Columbus reserves the right to switch the day of service and the hours in order to meet operational needs. Should there be a need to switch the schedule, reasonable accommodation will be made by the government to provide advance notice for any schedule changes.

1. Period or Performance Period of Performance shall be for one (1) Base Year of 1 months and four (4) 12-month option years summarized as follows:

· Base Year: 12/01/2019 – 11/30/2020

· Option Year #1: 12/01/2020 – 11/30/2021

· Option Year #2: 12/01/2021 – 11/30/2022

· Option Year #3: 12/01/2022 – 11/30/2023

· Option Year #4: 12/01/2023 – 11/30/2024

1. Holidays The ten holidays observed by the Federal Government are: New Year’s Day, Martin, Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday. Pickups scheduled on National holidays will be made on the next work day after the holiday.

1. Labor All labor to remove filled containers from the storage area, load the truck and replace with empty, clean disinfected containers in the designated areas is the sole responsibility of the Contractor.

1. Documentation Required Upon Conclusion of Each Pick-Up At the conclusion of each pick up visit, the Contractor shall provide to the Point of Contact, completed and dated documentation of how many filled storage containers were located for transport. This documentation will comply with all rules and regulations as set forth in EPA Resources Conservation and Recovery Act, Department of Transportation, and Ohio Department of Environmental Protection regulations, statutes, and codes. A completed USEPA/DOT Manifest shall be provided for each pick up from each site and shall be followed by a Certificate of Disposal (CD) stating total poundage destroyed, due at the end of the month. The certificate of destruction shall match weight destroyed to the volumes of medical waste for destruction documented upon pick up and transport of the waste. By the fifth (5th) workday of each month, the Contractor shall provide to the Point of Contact at each site, weight tickets for all medical waste removed and destroyed for the previous month and a written certificate validating the destruction. These shall be faxed/ mailed in accordance with below:

0. Fax to: Chillicothe VA, Attn: Chief, Environmental Management Section (740) 772-7036 who will provide a copy to the Contracting. Mailed to; Chief Environmental Management Section, 17273 State Route 104 Chillicothe, Ohio 45601.

0. Mail to: Columbus VAACC, Attn: 137 Chief Environmental Management Service, 420 N. James Rd. Columbus, Ohio 43219.

1. Random Inspections The Chillicothe and Columbus VA reserves the right to randomly inspect or weigh completed collections on scales. This can include the accomplishment to Chillicothe VA employees with the contractor during pickup, in route to, and at the destruction site.

1. Quantity Fluctuations:

The Chillicothe and Columbus VA reserves the right to increase and/or adjust the frequency of infectious waste pickup to meet the needs of the Healthcare System and its outpatient clinics.

1. Vehicles:

The vehicle shall be identified following and complying with all federal, local and State of Ohio laws, regulations, statutes, and codes. Vehicle operators will have all current training and licensure for authorized transport of infectious materials/waste.

1. Operation and Safety Plan:

The Contractor shall have in place an approved Operation and Safety Plan with documentation of employee training and a copy in every transport vehicle.

0. The proper and safe operation of the regulated (infectious) waste collection vehicle.

0. The standards and safety precautions for collecting.

0. The approval means of transport.

0. A description of the characteristics and hazards of infectious waste.

0. The procedures to follow in the event a person is contaminated by infectious waste.

0. The procedures to follow in the event of a spillage or release of infectious waste including but not limited to clean up and disinfection of contaminated surfaces.

0. The procedures to follow in the event that a load of infectious waste becomes hot, burning and/or reactive.

0. The procedures to follow in the event of unauthorized waste material being deposited in the collection containers for infectious waste.

0. The procedures to follow to complete the manifest and to maintain other records requires under any ordinance or under federal regulation and

0. The procedure to follow to properly disinfect the infectious waste collection vehicle.

0. Procedures to mitigate releases of Infectious materials/waste and notifications to authorities as required under federal, state, and local laws, statutes, and codes.

1. Contractor/Employee Security and Identification:

Contractor employees shall wear either name tags identifying the company and employee, or company provided uniforms containing the same information and must be able to communicate in English.

1. Destruction and Disposal:

The Contractor is fully responsible for destruction and to dispose of all regulated medical (Infectious) and chemotherapy waste generated by the Columbus VA. All regulated medical waste (Infectious), Chemotherapy, waste residues, absorbents and PPE, etc waste is to be destroyed in accordance with all local, state, federal and EPA laws and regulations. The Contractor is individually and solely responsible for complying with all government regulation regarding regulated medical waste. The Contractor is fully responsible for transport, storage, and dispose of (TSD) of all regulated Infectious waste. These wastes are to be destroyed at only approved sites and in accordance with all USEPA, state, and local regulations, statutes, and codes.

Dispose of destroyed regulated medical waste (Infectious), chemotherapy waste shall be only at an approved disposal site as required by the local and state government authority having jurisdiction.

1. Weighing System:

Contractor will provide a certificate weighing system to enable proper billing for waste poundage disposed; i.e. if the disposal container weighs 14 pounds and Contractor is to dispose/haul 10 containers would be weighed and container total weight (140 pounds) is subtracted from the gross weight to determine total waste poundage to be paid.

1. Permits:

Contractor must obtain all necessary permits and/or licenses regarding the pickup and dispose of contaminated medical waste and storage as regulated by state and federal EPA guidelines for Infectious medical waste. Contractor must obtain all necessary permits and/or licenses regarding the packaging, pick up, transport, storage, and dispose of RCRA Listed Infectious waste regulated by USEPA, USDOT, State of Ohio, other states, and local governments. The contractor/transporter agrees to hold the Government faultless for any negligence of contractor/transporter or his/her employees who may wholly or individually be liable for improper disposal during the performance of this contract.

1. Documentation:

Contractor shall provide legible, accurate, and compliant certificates of treatment and destruction of all regular medical waste, sharps and chemo to the Chief of EMS. Contractor shall provide USEPA/DOT approved Manifests and ultimately Certificates of Destructions (CD) for each and all shipments of RCRA Listed Infectious waste. Legible, accurate, and compliant copies with be submitted to Chief EMS and a copy to the CO.

Contractor is responsible for providing all documentation for waste stream analysis, proof of insurance, copies of applicable permits, licenses as required by local, state and federal EPA and DOT guidelines or Infectious waste regulations.

1. Contingency Plan:

Contractor shall provide a detailed contingency plan to take effect during any disaster which interrupts service as outlined above. Contingency plan shall be provided to Contracting Officer and Contracting Officer Representative within 10 days of signing contract and prior to start of contract performance by the winning bidder.

1. Training Required by the Contractor:

Contractor shall provide DOT training sessions to government facility employees and contractors who prepare infectious waste for shipping per the requirements of CFR-2010-title49-vol2-sec172-704. Training is to include proper handling of medical and/or infectious waste, interim storage requirements, proper identification and labeling of wastes, etc. Training shall be provided annually to all employees and on-demand every 90 days as new staff come onboard. Each training session is to accommodate up to 20 participants. A certificate of completion shall be provided for each participant.

1. Quality Assurance:

The Government will investigate any complaints related to services provided under this contract. All information received will be provided either verbally and/or in writing to the contractor for appropriate action.

B.2 PRICE/COST SCHEDULE

Provide a pricing sheet in accordance with location, base price and option year price (4 years).

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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) [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 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 52.217-9 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.3 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in the Vendor Information Pages (VIP) database.

(c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.4 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) 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 SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause) C.5 VAAR 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.6 VAAR 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. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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