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36C25022Q0994
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
515-22-4-390-0924 36C25022Q0994 08-31-2022 Tracy L. Granger
(734) 222-4294 09-07-2022 13:00
EDT
Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor MI 48105 X 812332 $41.5 Million N/A X Department of Veterans Affair Battle Creek VA Medical Center Attn: Engineer Service 5500 Armstrong Road Battle Creek MI 49037 Y Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor MI 48105
See website at:
https://www.fsc.va.gov/einvoice.asp for instructions & for invoicing website at:
https://www.tungsten-network.com/ customer-campaigns/ veteransaffairs
See CONTINUATION Page The Battle Creek VA Medical Center (BCVAMC) requires Uniform Rental and Laundering Services for an estimated 82 engineering personnel in accordance with the Statement of Work.
All questions will be answered via Solicitation amendment Questions must be submitted in writing to the Contract Specialist at the following e-mail: Tracy.Granger@va.gov no later than September 02, 2022, by 1pm EST.
This requirement is being solicited on an unrestricted basis utilizing full and open competition.
This procurement is being conducted under FAR 12 and 13.5.
See CONTINUATION Page 515-3620162-390-857100-2666 0100555X9 X X X One( 1) Kristina L. Peart Contracting Officer
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 5 |
| B.3 STATEMENT OF WORK | 19 |
| SECTION C - CONTRACT CLAUSES | 24 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 24 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 30 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 30 |
| C.4 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) | 30 |
| C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS | 31 |
| C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 31 |
| C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 33 |
| C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 33 |
| C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION) | 34 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 41 |
| D.1 ATTACHMENT 1: USDOL SERVICE CONTRACT ACT WAGE DETERMINATION INFORMATION | 41 |
| SECTION E - SOLICITATION PROVISIONS | 42 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 42 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 47 |
| E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 50 |
| E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 50 |
| E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION) | 51 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
(Continuation from Standard Form 1449, block 18A.)
1. Contract Administration: All contract administration matters will be handled by the following individuals:
| a. CONTRACTOR: | Name: |
| Address: | |
| City, State, Zip: | |
| Telephone Number: | |
| POC: | |
| E-mail address: | |
| Contractor’s Unique Entity ID: |
| b. GOVERNMENT: | Department of Veterans Affairs |
| Network Contracting Office (NCO 10) | |
| Attn: Tracy Granger, Contract Specialist | |
| PO Box 492 | |
| Ann Arbor, MI 48106 | |
| Phone: (734) 222-4294 | |
| E-Mail: Tracy.Granger@va.gov | |
| Kristina L. Peart, Contracting Officer | |
| E-Mail: Kristina.Peart@va.gov |
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. |
| [] | 52.232-34, Payment by Electronic Funds Transfer - |
Other Than 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 to: https://www.tungsten-network.com/customer-campaigns/veteransaffairs |
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. Tungsten Network: https://www.tungsten-network.com/customer-campaigns/veteransaffairs
5. SECURE FAX: All faxes in regard to this order shall contain the following on the coversheet:
This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.
OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED IN 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS, PARAGRAPH b, PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
| ______________________________ | _____________ |
| ______________________________ | _____________ |
| ______________________________ | _____________ |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0.00
Contractor shall furnish all labor, equipment, transportation, materials, incidentals, and management necessary to provide full Uniform Rental Services that include laundry, neatly pressed, repair or replace, and deliver to designated locations at the Battle Creek VAMC in accordance with the statement of work.
Contract Period: Base POP Begin: 09-19-2022 POP End: 09-18-2023 PRINCIPAL NAICS CODE: 812331 - Linen Supply PRODUCT/SERVICE CODE: S209 - Housekeeping - Laundry/Drycleaning
| 49.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10): Work Uniform Pants, Cargo, Navy Blue, Cotton or Cotton Blend. Both Men and Women Sizes.
POP Begin: 09-19-2022 POP End: 09-18-2023
| 12.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10) Blue Jeans, Navy Blue (Similar to Carhart 381), Both Men and Women Sizes.
POP Begin: 09-19-2022 POP End: 09-18-2023
| 7.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Fireproof/Resistant Uniform Pants (Category 2), Cargo, Navy Blue, Cotton or Cotton Blend. Both Men and Women Sizes.
POP Begin: 09-19-2022 POP End: 09-18-2023
| 10.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10) Work Uniform Long Sleeve, Button Work Shirt with Collar, Cotton Blend, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2022 POP End: 09-18-2023
| 47.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Short Sleeve Button Work Shirt with Collar, Cotton Blend, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2022 POP End: 09-18-2023
| 4.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Work Uniform Shirts, Short Sleeve, Button Work Shirt with Collar, 100% Cotton, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2022 POP End: 09-18-2023
| 7.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Work Uniform Long Sleeve Button Fireproof/Resistant (Category 2) Work Shirts with Collar (Similar to Carhart 294). Both Men and Women Sizes.
POP Begin: 09-19-2022 POP End: 09-18-2023
| 4.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniforms Shirts, Classic Long Sleeve Oxford, Button Down Dress Shirt with Collar, Non-Iron, Wrinkle Resistant, Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2022 POP End: 09-18-2023
| 2.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirt, Classic Short Sleeve Oxford, Button Down Dress Shirt with Collar, Non-Iron, Wrinkle Resistant Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2022 POP End: 09-18-2023
| 5.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirts, Polo Shirts, Short Sleeve, Light Gray or Blue, Poly - Cotton Blend, Moisture Wicking, Breathable. Both Men and Women Sizes.
POP Begin: 09-19-2022 POP End: 09-18-2023
| 12.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirts. Polo Short Shirts, Synthetic Blend, Moisture Wicking, Breathable, Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2022 POP End: 09-18-2023
0.00
Contractor shall furnish all labor, equipment, transportation, materials, incidentals, and management necessary to provide full Uniform Rental Services that include laundry, neatly pressed, repair or replace, and deliver to designated locations at the Battle Creek VAMC in accordance with the statement of work.
Contract Period: Option 1 POP Begin: 09-19-2023 POP End: 09-18-2024
| 49.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10): Work Uniform Pants, Cargo, Navy Blue, Cotton or Cotton Blend. Both Men and Women Sizes.
POP Begin: 09-19-2023 POP End: 09-18-2024
| 12.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10) Blue Jeans, Navy Blue (Similar to Carhart 381), Both Men and Women Sizes.
POP Begin: 09-19-2023 POP End: 09-18-2024
| 7.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Fireproof/Resistant Uniform Pants (Category 2), Cargo, Navy Blue, Cotton or Cotton Blend. Both Men and Women Sizes.
POP Begin: 09-19-2023 POP End: 09-18-2024
| 10.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniforms Shirts, Classic Long Sleeve Oxford, Button Down Dress Shirt with Collar, Non-Iron, Wrinkle Resistant, Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2023 POP End: 09-18-2024
| 47.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Short Sleeve Button Work Shirt with Collar, Cotton Blend, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2023 POP End: 09-18-2024
| 4.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Work Uniform Shirts, Short Sleeve, Button Work Shirt with Collar, 100% Cotton, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2023 POP End: 09-18-2024
| 7.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Work Uniform Long Sleeve Button Fireproof/Resistant (Category 2) Work Shirts with Collar (Similar to Carhart 294). Both Men and Women Sizes.
POP Begin: 09-19-2023 POP End: 09-18-2024
| 4.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniforms Shirts, Classic Long Sleeve Oxford, Button Down Dress Shirt with Collar, Non-Iron, Wrinkle Resistant, Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2023 POP End: 09-18-2024
| 2.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirt, Classic Short Sleeve Oxford, Button Down Dress Shirt with Collar, Non-Iron, Wrinkle Resistant Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2023 POP End: 09-18-2024
| 5.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirts, Polo Shirts, Short Sleeve, Light Gray or Blue, Poly - Cotton Blend, Moisture Wicking, Breathable. Both Men and Women Sizes.
POP Begin: 09-19-2023 POP End: 09-18-2024
| 12.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirts. Polo Short Shirts, Synthetic Blend, Moisture Wicking, Breathable, Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2023 POP End: 09-18-2024
0.00
Contractor shall furnish all labor, equipment, transportation, materials, incidentals, and management necessary to provide full Uniform Rental Services that include laundry, neatly pressed, repair or replace, and deliver to designated locations at the Battle Creek VAMC in accordance with the statement of work.
Contract Period: Option 2 POP Begin: 09-19-2024 POP End: 09-18-2025
| 49.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10): Work Uniform Pants, Cargo, Navy Blue, Cotton or Cotton Blend. Both Men and Women Sizes.
POP Begin: 09-19-2024 POP End: 09-18-2025
| 12.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10) Blue Jeans, Navy Blue (Similar to Carhart 381), Both Men and Women Sizes.
POP Begin: 09-19-2024 POP End: 09-18-2025
| 7.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Fireproof/Resistant Uniform Pants (Category 2), Cargo, Navy Blue, Cotton or Cotton Blend. Both Men and Women Sizes.
POP Begin: 09-19-2024 POP End: 09-18-2025
| 10.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10) Work Uniform Long Sleeve, Button Work Shirt with Collar, Cotton Blend, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2024 POP End: 09-18-2025
| 47.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Short Sleeve Button Work Shirt with Collar, Cotton Blend, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2024 POP End: 09-18-2025
| 4.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Work Uniform Shirts, Short Sleeve, Button Work Shirt with Collar, 100% Cotton, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2024 POP End: 09-18-2025
| 7.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Work Uniform Long Sleeve Button Fireproof/Resistant (Category 2) Work Shirts with Collar (Similar to Carhart 294). Both Men and Women Sizes.
POP Begin: 09-19-2024 POP End: 09-18-2025
| 4.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniforms Shirts, Classic Long Sleeve Oxford, Button Down Dress Shirt with Collar, Non-Iron, Wrinkle Resistant, Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2024 POP End: 09-18-2025
| 2.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirt, Classic Short Sleeve Oxford, Button Down Dress Shirt with Collar, Non-Iron, Wrinkle Resistant Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2024 POP End: 09-18-2025
| 5.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirts, Polo Shirts, Short Sleeve, Light Gray or Blue, Poly - Cotton Blend, Moisture Wicking, Breathable. Both Men and Women Sizes.
POP Begin: 09-19-2024 POP End: 09-18-2025
| 12.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirts. Polo Short Shirts, Synthetic Blend, Moisture Wicking, Breathable, Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2024 POP End: 09-18-2025
0.00
Contractor shall furnish all labor, equipment, transportation, materials, incidentals, and management necessary to provide full Uniform Rental Services that include laundry, neatly pressed, repair or replace, and deliver to designated locations at the Battle Creek VAMC in accordance with the statement of work.
Contract Period: Option 3 POP Begin: 09-19-2025 POP End: 09-18-2026
| 49.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10): Work Uniform Pants, Cargo, Navy Blue, Cotton or Cotton Blend. Both Men and Women Sizes.
POP Begin: 09-19-2025 POP End: 09-18-2026
| 12.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10) Blue Jeans, Navy Blue (Similar to Carhart 381), Both Men and Women Sizes.
POP Begin: 09-19-2025 POP End: 09-18-2026
| 7.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Fireproof/Resistant Uniform Pants (Category 2), Cargo, Navy Blue, Cotton or Cotton Blend. Both Men and Women Sizes.
POP Begin: 09-19-2025 POP End: 09-18-2026
| 10.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10) Work Uniform Long Sleeve, Button Work Shirt with Collar, Cotton Blend, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2025 POP End: 09-18-2026
| 47.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Short Sleeve Button Work Shirt with Collar, Cotton Blend, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2025 POP End: 09-18-2026
| 4.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Work Uniform Shirts, Short Sleeve, Button Work Shirt with Collar, 100% Cotton, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2025 POP End: 09-18-2026
| 7.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Work Uniform Long Sleeve Button Fireproof/Resistant (Category 2) Work Shirts with Collar (Similar to Carhart 294). Both Men and Women Sizes.
POP Begin: 09-19-2025 POP End: 09-18-2026
| 4.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniforms Shirts, Classic Long Sleeve Oxford, Button Down Dress Shirt with Collar, Non-Iron, Wrinkle Resistant, Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2025 POP End: 09-18-2026
| 2.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirt, Classic Short Sleeve Oxford, Button Down Dress Shirt with Collar, Non-Iron, Wrinkle Resistant Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2025 POP End: 09-18-2026
| 5.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirts, Polo Shirts, Short Sleeve, Light Gray or Blue, Poly - Cotton Blend, Moisture Wicking, Breathable. Both Men and Women Sizes.
POP Begin: 09-19-2025 POP End: 09-18-2026
| 12.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirts. Polo Short Shirts, Synthetic Blend, Moisture Wicking, Breathable, Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2025 POP End: 09-18-2026
0.00
Contractor shall furnish all labor, equipment, transportation, materials, incidentals, and management necessary to provide full Uniform Rental Services that include laundry, neatly pressed, repair or replace, and deliver to designated locations at the Battle Creek VAMC in accordance with the statement of work.
Contract Period: Option 4 POP Begin: 09-19-2026 POP End: 09-18-2027
| 49.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10): Work Uniform Pants, Cargo, Navy Blue, Cotton or Cotton Blend. Both Men and Women Sizes.
POP Begin: 09-19-2026 POP End: 09-18-2027
| 12.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10) Blue Jeans, Navy Blue (Similar to Carhart 381), Both Men and Women Sizes.
POP Begin: 09-19-2026 POP End: 09-18-2027
| 7.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Fireproof/Resistant Uniform Pants (Category 2), Cargo, Navy Blue, Cotton or Cotton Blend. Both Men and Women Sizes.
POP Begin: 09-19-2026 POP End: 09-18-2027
| 10.00 |
| SE |
Contractor Shall Provide Weekly Uniform Rental and Laundry Service for One Set of Ten (10) Work Uniform Long Sleeve, Button Work Shirt with Collar, Cotton Blend, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2026 POP End: 09-18-2027
| 47.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Short Sleeve Button Work Shirt with Collar, Cotton Blend, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2026 POP End: 09-18-2027
| 4.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Work Uniform Shirts, Short Sleeve, Button Work Shirt with Collar, 100% Cotton, Breathable, Light Gray. Both Men and Women Sizes.
POP Begin: 09-19-2026 POP End: 09-18-2027
| 7.00 |
| SE |
Contractor Shall Provide Weekly Rental and Laundry Service for One Set of Ten (10) Work Uniform Long Sleeve Button Fireproof/Resistant (Category 2) Work Shirts with Collar (Similar to Carhart 294). Both Men and Women Sizes.
POP Begin: 09-19-2026 POP End: 09-18-2027
| 4.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniforms Shirts, Classic Long Sleeve Oxford, Button Down Dress Shirt with Collar, Non-Iron, Wrinkle Resistant, Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2026 POP End: 09-18-2027
| 2.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirt, Classic Short Sleeve Oxford, Button Down Dress Shirt with Collar, Non-Iron, Wrinkle Resistant Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2026 POP End: 09-18-2027
| 5.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirts, Polo Shirts, Short Sleeve, Light Gray or Blue, Poly - Cotton Blend, Moisture Wicking, Breathable. Both Men and Women Sizes.
POP Begin: 09-19-2026 POP End: 09-18-2027
| 12.00 |
| SE |
Contractor Shall Provide Uniform Rental and Laundry Service for One Set of Ten (10) Executive Uniform Shirts. Polo Short Shirts, Synthetic Blend, Moisture Wicking, Breathable, Light Gray or Blue. Both Men and Women Sizes.
POP Begin: 09-19-2026 POP End: 09-18-2027
GRAND TOTAL
Base Total: _______________________________________ Option Year One (1) Total: ___________________________ Option Year Two (2) Total: ___________________________ Option Year Three (3) Total: __________________________ Option Year Four (4) Total: ___________________________ Total Aggerate (Base, plus all option periods): _________________________
B.3 STATEMENT OF WORK
Battle Creek VA Medical Center 5500 Armstrong Road Battle Creek, MI 49037 Uniform Rental and Laundry Services
1. Contracting Officer’s Representative (COR).
| Name: |
| Brian Clark |
| Section: |
| FMS |
| Address: |
| Battle Creek, VAMC, 5500 Armstrong Rd, Battle Creek, MI 49037 |
| Phone Number: |
| 269-223-5265 |
| E-Mail Address: |
| Brian.Clark2@VA.GOV |
2. Contract Title. Uniform Rental & Laundry Services
3. Background. The Battle Creek Veterans Affairs Medical Center (VAMC) , Facilities Management Services requires uniform rental and laundry services for its Engineering Section.
5. Applicable Documents. NA
4. Scope. Contractor shall furnish all labor, equipment, transportation, materials, incidentals, and management necessary to provide full Uniform Rental Services that include uniforms, laundry, neatly pressed, repairs and replacements, and delivery to designated locations at the Battle Creek VAMC. Pricing shall be based on the item weekly rental and laundry fee. The Total Inventory and Delivery Locations are based on current estimated employees utilizing uniform rental services. Total inventory may fluctuate throughout the life of the contract. Base year and 4 Option years. Total of a 5-year contract.
5. Specific Tasks.
A. All initial uniforms shall be furnished NEW by the Contractor. Each employee shall receive a set of uniforms for each day the employee works over a two (2) week period (5/4 days/wk. =9 days), plus one (1) set (total sets = 10 per person).
B. Each employee's uniforms shall be properly laundered and neatly pressed and returned on hangers and delivered to the appropriate work location. Laundering and pressing of uniforms will be in accordance with acceptable standards and the best industry practices.
C. All uniforms shall be maintained in a reasonable condition including the replacement of buttons and sewing of any rips. All badly damaged garments during the contract period or garments deemed to be faded, shabby or unfit to wear by the VA COR shall be replaced with new. If the employee intentionally damages the uniform, the cost of repair or replacement will be the responsibility of the employee and or the VA.
D. Contractor shall personally measure and fit every employee for appearance, comfort. and safety. Also, provide embroidery, and sewing: All shirts will be embroidered with a VA Logo and the word Engineering. The contractor to provide design options to the VA for approval. Embroidered Logo of up to 2 colors, approximately 2 ½ inches by 4 ½ inches. All embroidery will be included in the cost of the garment.
E. All replacement of garments shall be with new garments. Garments shall be tagged, returned in a repaired condition, or replaced within 2 weeks and delivered at no cost to the VA.
F. Contractor shall provide a state-of-the-art tracking device system that will be able to provide accurate tracking control, insures timely repair and replacement of garments. The system must track the life of the garment from start of service until the garment is replaced. Reports shall be made available to VA upon request.
G. Contractor shall provide a hanging rack and/or hamper system for 5 locations at the Battle Creek, VA Medical Center, Engineering area, for the purpose of drop off of laundered uniforms and pick up of dirty uniforms to be laundered. The racks shall be placed at designated shop locations within the Engineering shops.
H. Delivery shall be on a weekly basis to each designated location. Pickup of soiled garments and return of clean pressed garments placed in individual lockers.
I. Charges shall be based on actual number of rented uniforms.
J. Types of uniforms required:
| A1 | Work Uniforms consisting of a button work shirt and pants. |
| A2 | Fire Resistant (FR) Work Uniforms consisting of a long sleeve shirt and pants. |
| A3 | Painter Uniforms consisting of button up work shirt. (Painter Pants not included) |
| A4 | Business/Professional shirts. (Pants not included). |
Each type of uniform will include options for each staff member as explained in the Uniform Schedule “A” below. Uniform options will include material options and short and long sleeve options. Uniforms will be available in both men’s and women’s style for each type.
K. Additions or removals of staff may occur during the rental contract. The contract will allow for staff reductions and increases at the awarded rates. The contractor will only bill for the number of uniforms actively rented. The contractor will provide uniforms to new hires within 30 days of notification. Contractor should anticipate up to 5 changes per year.
L. Evaluation and selection will be based on quality and type of uniforms presented in the quote equal to the cost basis of the quote.
M. EXTRA CHARGES AND PROVISIONS
· Pricing for all options and coverages will be included in the per garment price.
· No additional fee for "A Grade" brand new garments for new employees and all replacement garments for the duration of the contract.
· No set up fees initially or ongoing charges for name emblems, company emblems or preparation charges for the duration of the contract.
· Emblems. Costs for this service to be included in the per garment cost.
· Uniform Repairs. Replacement of uniforms at no additional charges for any garment damaged, faded, shabby or unfit to wear by normal wear and usage. If the employee intentionally damages the uniform outside of “normal wear and tear”, the cost of repair or replacement will be the responsibility of the employee and or the VA.
6. Performance Monitoring. All services performed will be regularly checked by Veteran Affairs Engineering COR. Contractor to ensure a consistent quality level of service. Constant communication between the contractor and the Veterans Affairs COR. See the Quality Assurance and Surveillance Plan. (QASP)
7. Scheduling. Uniforms to be picked up and delivered on the same day each week. Specific Locations on the Battle Creek VAMC Campus, Engineering to be determined after award.
8. Documentation. The uniform provider and laundry services must be proved by the same company. The vendors management, distribution, delivery, and laundry services need to be under the same company. The vendor needs to be in close enough proximity to Battle Creek, (150 Miles) to meet the requirements of the weekly deliveries.
9. Security Requirements. Contract delivery personnel will always wear a VA provided contractor badge. Instruction for obtaining the badge will be provided after award. Contractor personnel performing work under this Contract shall be subjects of background investigations. Each Contractor employee performing under this Contract must successfully complete the Government required background check form at time of contract award and must maintain a “Low Risk Level” of security required for the life of the Contract.
10. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI). N/A
11. Qualifications of Key Personnel.
The vendors management, distribution, delivery, and laundry services need to be under the same company. The uniform rental and laundry company must have a minimum of 5 years’ experience.
12. Work not included. N/A
13. Place of Performance. Battle Creek, VAMC, Engineering Sections, Buildings 24, 26, 27 and 28.
14. Period of Performance. Initial award year with 4 option years. 5 Year Contract
15. Federal Government Holidays: Contractor is not required to perform laundry services during Holidays; New Year’s Day, Martin Luther King Jr.'s Birthday, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.
SCHEDULE A:
· Staff may be added or removed in any category under modification to the contract. Numbers represented above are for the purpose of initial scope.
16. VHA Supplemental Contract Requirements for Combatting COVID-19
1. Contractor employees who work in or travel to VHA locations must comply with the following:
a. Documentation requirements:
1) If fully vaccinated, contractors shall show proof of vaccination.
i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.
2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.
3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.
4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.
2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.
a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.
3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.
36C25022Q0994
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SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. 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…
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