36C25023Q7573.docx

36C25023Q7573

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

757-23-4-021-0350 36C25023Q7573 Robert Bolcavage None 08-08-2023 13:00

EDT

36C250 Department of Veterans Affairs Dayton VA Medical Center 3140 Governor’s Place Blvd. Suite 210 Kettering

OH

45409-1337 X X Y 492110 1500 Employees N/A X 36C250 Department of Veterans Affairs Chalmers P. Wyllie VA Ambulatory Center 420 North James Road Columbus

OH

43219 36C250 Network Contracting Office (NCO) 10 Department of Veterans Affairs 3140 Governors Place Blvd. Suite 210 Kettering

OH

45409-1337

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Please provide all required documents, as stated herein, for evaluation no later than the date/time located in Block 8 of this form.

Quotation packages will only be accepted via email and shall be delivered to this email address: robert.bolcavage@va.gov This solicitation is an SDVOSB Set-Aside (100%) and is applicable to the Service Contract Act.

Any Questions to regarding this RFQ please email the CO robert.bolcavage@va.gov. Questions will not be accepted after 1:00 PM on 28 July 2023.

See CONTINUATION Page X John M. Ryan

VA-VHA-SAOC-2018-12C2305A

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 Dayton VA Medical Center 3140 Governor’s Place Blvd. Suite 210 Kettering OH 45409-1337

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.

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

B.2 PERFORMANCE WORK STATEMENT (PWS) dated 18 July 2023

PERFORMANCE WORK STATEMENT (PWS)

Courier Service for Columbus VAACC 07/18/2023

1. PROGRAM REQUESTOR/MANAGER).

Fax Number:

2. Contract Title.

This is a non-personnel services contract to provide Courier Service for Columbus Chalmers P. Wylie Outpatient Clinic and four (4) Community Based Outpatient Clinics (CBOC) locations. The Government shall not exercise any supervision or control over the contract sec-vice providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

The contractor shall provide all personnel, equipment, supplies (except those supplied), facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the courier services as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The contractor shall perform to the standards in this PWS.

3. Background.

The Department of Veterans Affairs has a need to transport lab specimens for testing from the local CBOCs, to the Columbus Chalmers P. Wylie Outpatient Clinic. There is an additional need to transport medications, secured mail, various office and medical supplies (no more than two boxes of printer paper per trip) and small equipment to the local CBOCs

4. Scope.

The Department of Veterans Affairs has a need to transport lab specimens for testing from the local CBOCs, to the Columbus Chalmers P. Wylie Outpatient Clinic. There is an additional need to transport medications, secured mail, various office and medical supplies (no more than two boxes of printer paper per trip) and small equipment to the local CBOCs, from the Columbus Chalmers P. Wylie Outpatient clinic

Objectives:

• Transport all lab specimens, requiring testing, from the CBOCs to the Columbus Chalmers P. Wylie Outpatient Clinic daily.

• Transport all pharmacy medications to the CBOCs, from the Columbus Chalmers P. Wylie Outpatient Clinic daily.

• Transport all secured mail, various office and medical supplies (no more than two boxes of printer paper per trip) and small equipment (no larger than a blender) to the CBOCs, from the Columbus Chalmers P. Wylie Outpatient Clinic daily.

Scope Summary:

Provide daily courier services transporting all lab specimens, requiring testing, from the CBOCs to the Columbus Chalmers P. Wylie Outpatient Clinic, daily.

Provide daily courier services transporting all pharmacy medications, secured mail, various office, and medical supplies (no more than two boxes of printer paper per trip) and small equipment (no larger than a blender) from the Columbus Chalmers P. Wylie Outpatient Clinic

Each run will require no more space than a standard compact car's trunk can hold. If the daily amount exceeds this limitation, the order of precedence will be as follows for items being sent to the CBOCs (lab specimens are return trips and always the highest priority):

1. Pharmacy medications

2. Medical supplies

3. Equipment

4. Secured mail

5. Office supplies

5. Specific Tasks.

5.0.1 Specific Task #1: Daily Lab Specimen Pick-Up & Drop-Off:

The contractor shall provide for afternoon (once daily) pickups for lab specimens from the following CBOC locations Monday through Friday:

• Grove City CBOC:

• Marion CBOC:

• Newark CBOC:

• Zanesville CBOC:

Pick-ups shall be conducted at location once daily, between 12:30 P.M. and 1:45 P.M. EST.

The contractor shall deliver all lab specimens from CBOCs to the VA Laboratory (Room #28211), at VA Medical Center, 420 N. James Road, Columbus, Ohio, no later than 3:00 P.M. EST. All pick-ups and delivers must be made on the same day. The CBOC personnel are responsible for preparing specimens.

There shall be no stops from the point of pickup until all delivers have been made, other than additional CBOCS, outside of emergency situations.

The contractor shall maintain a record and log of daily courier pick-ups and deliveries (please see required courier log in the Section D).

Due to the nature of this requirement, the contractor is required to maintain these services daily, unless the CBOC is closed (Holidays, Inclement Weather & Weekends).

5.0.2 Specific Task #2: Daily Pharmacy Pick-Up & Drop-Off:

The contractor shall provide for afternoon (once daily) deliveries for pharmacy medications to the following CBOC locations Monday through Friday:

• Grove City CBOC:

• Marion CBOC:

• Newark CBOC:

• Zanesville CBOC:

The deliveries shall be made between 12:30 P.M. and 1:45 P.M. EST., once daily.

The contractor shall pick up the pharmacy medications from the VA Pharmacy (Room #18227), at VA Medical Center, 420 N. James Road, Columbus, Ohio, in the AM hours prior to going to the CBOCs. No medications shall be picked up prior to 10:00 A.M. EST.

There shall be no stops from the point of pickup until all delivers have been made, other than additional CBOCS, outside of emergency situations.

The contractor shall maintain a record and log of daily courier pick-ups and deliveries (please see required courier log in the Section D).

Due to the nature of this requirement, the contractor is required to maintain these services daily, unless the CBOC is closed (Holidays, Inclement Weather & Weekends).

Specific Task #3: Daily Supplies Pick-Up & Drop-Off:

The contractor shall provide for afternoon (once daily) deliveries for supplies to the following CBOC locations Monday through Friday:

• Grove City CBOC:

• Marion CBOC:

• Newark CBOC:

• Zanesville CBOC:

The deliveries shall be made between 12:30 P.M. and I :45 P.M. EST once daily.

The contractor shall pick up the supplies from the VA Warehouse (RM #18111), at VA Medical Center, 420 N. James Road, Columbus, Ohio, before going to the CBOCs. No supplies shall be picked up prior to 10:00 A.M. EST.

The supplies consist of secured mail, various office and medical supplies (no more than two boxes of printer paper per trip) and small equipment (no larger than a blender). Each run will require no more space than a standard compact car's trunk can hold.

There shall be no stops from the point of pickup until all delivers have been made, other than additional CBOCS, outside of emergency situations.

The contractor shall maintain a record and log of daily courier pick-ups and deliveries (please see required courier log in the Section D).

Due to the nature of this requirement, the contractor is required to maintain these services daily, unless the CBOC is closed (Holidays, Inclement Weather & Weekends).

6. Performance Monitoring

7. Security Requirements All Contractor employees shall be required to observe the requirements imposed on sensitive data by law, Federal regulations, VA statutes and policy, and associated requirements to ensure appropriate screening of all personnel. Because of the inherent sensitivity of the data at the clinic facilities and data to be maintained at the facilities, the level of security clearance required of the Contractor's employee shall reflect the same level of security clearance carried by the VA personnel for the function under contract. The Contractor shall ensure that its personnel meet the above restrictions, and that confidential and proprietary information shall be divulged only to those officers and officials of the VA who are authorized to receive such information. All contractor employees who require physical access to the Department of Veterans Affairs' facility shall be subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. The investigations will be a cost to the contractor for completion. The COTR responsible for the contract will assist the contractor, once the contract is awarded, with requirements and submission of required package contents. If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to perform work for the VA. Position Sensitivity - The position sensitivity has been designated as Low Risk. Background Investigation - The level of background investigation commensurate with the required level of access is national Agency Check with Written Inquiries.

The C&A requirements do not apply, and a Security Accreditation package is not required.

8. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

Government Furnished Items and Responsibilities:

General:

• Insulated carry all bags for transporting specimens.

• Red bags, that lock, that are used for transporting pharmacy medications.

• Blue bags, that lock, that are used for transporting sensitive documentation.

• Plastic bends will be available for other items being transported All government furnished items must be returned to their pick-up location daily.

9. Other Pertinent Information or Special Considerations.

A. The contractor shall have a designated contract manager that has at least two (2) years' experience in the management of the same or like courier services supervision and coordination.

The contractor shall employee only individuals, to perform under the contract, that are at least 18 years of age and must hold a current state issued and valid driver's license.

The contractor shall be in compliance with all applicable laws and regulations pertaining to the following throughout the entirety of the contract:

• Vehicle insurance requirements

• Current Issued driver's licenses

• Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and state requirements for transporting such items/samples

B. Recognized holidays:

Christmas Day C. Hours of Operation:

The contractor is responsible for conducting business, between the hours of 10:00 A.M. and 3:30 P.M. Est., Monday thru Friday, except federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

10. Risk Control The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor's quality control program is the means by which he/she assures himself/herself that his work complies with the requirement of the contract. This QCP should be provided with the submittal of the quote to the contracting office for evaluation. After acceptance of the quality control plan the contractor shall receive the contracting officer's acceptance in writing of any proposed change to his QC system.

11. Place of Performance.

A. Chalmers P. Wylie Veterans Outpatient Clinic 420 North James Road Columbus, Ohio 43219-1834

B. Grove City VA Clinic 5775 North Meadows Drive Grove City, Ohio 43123-4835

C. Daniel L. Kinnard VA Clinic 1855 West Main Street Newark, Ohio 43055-1135

D. Marion VA Clinic 1203 Delaware Avenue Suite 2 Marion, Ohio 43302-6419

E. Zanesville VA Clinic 2800 Maple Avenue Zanesville, Ohio 43701-1716

**Some of these locations (due to leasing requirements/constraints) may change throughout the life or the contract. The government will negotiate these changes as they occur with the contractor to establish fair and reasonable prices moving forward for all parties.

12. Period of Performance.

The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years summarized as follows:

• Base Year: 09/01/2023 - 08/31/2024

• Option Year I: 09/01/2024 - 08/31/2025

• Option Year 2: 09/0l/2025 - 08/31/2026

• Option Year 3: 09/01/2026 - 08/31/2027

• Option Year 4: 09/01/2027- 08/31/2028

13. Contractor Furnished Items and Services Contractor Furnished Items and Responsibilities:

General:

• The Contractor shall provide all required labor, services, and equipment to perform the services as described within this PWS.

Equipment:

• The Contractor shall provide well maintained vehicles for performance. Vehicles are to be in good order and dependable to complete the day-to-day requirements under the contract. Vehicles will be required to transport no more than one full trunk {standard compact

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

PROVIDE COURIER SERIVICE FOR THE CHALMERS P. WYLIE VA AMBUALTORY CENTER AND SURROUNDING CBOC IN ACCORDANCE WITH THE PWS.

Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2024

LOCAL STOCK NUMBER: COURIER

PROVIDE COURIER SERIVICE FOR THE CHALMERS P. WYLIE VA AMBUALTORY CENTER AND SURROUNDING CBOC IN ACCORDANCE WITH THE PWS.

Contract Period: Option 1 POP Begin: 09-01-2024 POP End: 08-31-2025

PROVIDE COURIER SERIVICE FOR THE CHALMERS P. WYLIE VA AMBUALTORY CENTER AND SURROUNDING CBOC IN ACCORDANCE WITH THE PWS.

Contract Period: Option 2 POP Begin: 09-01-2025 POP End: 08-31-2026

PROVIDE COURIER SERIVICE FOR THE CHALMERS P. WYLIE VA AMBUALTORY CENTER AND SURROUNDING CBOC IN ACCORDANCE WITH THE PWS.

Contract Period: Option 3 POP Begin: 09-01-2026 POP End: 08-31-2027

PROVIDE COURIER SERIVICE FOR THE CHALMERS P. WYLIE VA AMBUALTORY CENTER AND SURROUNDING CBOC IN ACCORDANCE WITH THE PWS.

Contract Period: Option 4 POP Begin: 09-01-2027 POP End: 08-31-2028

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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. 4701 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 PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.5 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.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 1 Sept.