36C25024Q0350_1.docx

36C25024Q0350

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

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

583-24-2-630-0023 36C25024Q0350 04-11-2024 Wells, Cora R.

(317) 988-1505 04-19-2024

12:00PM

EDT

Department of Veteran Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 325 Indianapolis IN 46240 X X 811210 $34 Million N/A X Department of Veteran Affairs Richard L. Roudebush VAMC 1481 W. 10th Street Indianapolis IN 46202 Department of Veteran Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 325 Indianapolis IN 46240 https://authentication.tungsten-network.

See CONTINUATION Page Contractor shall provide all labor, equipment, tools, materials, supervision, and other items necessary to provide annual maintenance for the Industrial Hygiene Instrument.

See price schedule in Section B.

Questions are due to the contact in box 7a in writing no later than 12:00pm April 16, 2024 This solicitation is set aside 100% SDVOSB.

Please adhere to the requirements provided in 6a Submission of Offer found in the Contract Administration section of this solicitation.

This solicitation is utilizing FAR Part 12 and 13 and will be evaluated by comparative analysis for award. The resulting award will be a firm fixed price contract.

See CONTINUATION Page 583-3640162-630-850300-2660 0100401X1 X X One(1) Kristina L. Peart Contracting Officer Table of Contents

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:

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

Other Than System for Award Management, or [] 52.232-36, Payment by Third Party

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. 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.

6. SUBMISSION OF OFFER:

3.) The Price/Cost Schedule, Section B 4.) 52.212-1, Instructions to Offerors--Commercial Items, Quote Submission Information 5.) 52.209-7, Information Regarding Responsibility Matters 6.) 52.212-3, Representations and Certifications, or valid completion in SAM is acceptable.

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

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

c. Simplified Acquisition Procedures of FAR Part 12 and 13 are being used to conduct this procurement.

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

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

B.2 ELECTRONIC INVOICE SUBMISSION AND INVOICING

VENDOR ELECTRONIC INVOICE SUBMISSION REQUIREMENTS AND METHODS

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1. VA’s Electronic Invoice Presentment and Payment System – the FSC uses a third-party contractor, Tungsten Network (referred to OB10), to transition vendors from paper to electronic invoice submission. Please go to website: https://www.tungsten-network.com/customer-campaigns/veteransaffairs to enroll in the program and begin submitting the electronic invoices, free of charge.

1. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI website is: http://www.x12.org

1. Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

2. Tungsten e-Invoice Setup Information: 1-877-489-6135

2. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

2. FSC e-Invoice Contact Information: 1-877-353-9791

2. FSC e-Invoice email: vafsccshd@va.gov

BILLING AND INVOICING

1. In accordance with this contract, all services shall be billed in arrears monthly.

2. Contractor shall only bill for services and for line-items delivered.

3. A proper invoice that is submitted for payment; shall be accepted and certified for payment if:

i. Monthly invoice is submitted in arrears, no later than the 20th business day of the following month that services were rendered.

ii. Invoice contains in addition to the information required for submission of a ‘proper’ invoice in accordance with FAR 52.212-4(g) the following information:

a. Name and Address of the Contractor

b. Invoice Date and Invoice Number

c. Contract Number

d. Contract Order Number

e. Purchase Order Number

f. Date Range of Services Provided

g. Description of Services Provided

h. Line/Sub-Line Item number(s) of services provided

i. Quantity of each Line/Sub-Line Item

j. Unit Rate for each Line/Sub-Line Item

k. Total Cost for each Line/Sub-Line Item

l. Total Invoice Cost

4. The Certifying Official will confirm the information in the submitted invoice to the contract and invoice to ensure it is correct and valid.

i. If the invoice submitted is not a proper invoice, the certifying official shall refuse the invoice with a detailed statement as to why the invoice was refused.

ii. Contractor shall make corrections and resubmit using a separate invoice number, notating the invoice number it is replacing.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

The RLRVAMC has a requirement for Industrial Hygiene Instrument calibration, maintenance services, and quality documentation in a manner which ensures the instrumentation will provide accurate results. The IH instrumentation is vital and critical for performance and verification elements of at least nine VHA directives. Instrument monitoring/sampling is also required by the Occupational Safety and Health Administration regulations, The Joint Commission (TJC) standards, National Fire Protection Association (NFPA) codes and standards, and other agencies. Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Industrial Hygiene Instrument calibration, maintenance services, and quality documentation Contract Period: Option 1 POP Begin: 05-01-2025 POP End: 04-30-2026

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Industrial Hygiene Instrument calibration, maintenance services, and quality documentation Contract Period: Option 2 POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Industrial Hygiene Instrument calibration, maintenance services, and quality documentation Contract Period: Option 3 POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Industrial Hygiene Instrument calibration, maintenance services, and quality documentation Contract Period: Option 4 POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Base Year

Option Year One (1)

Option Year Two (2)

Option Year Three (3)

Option Year Four (4)

Aggregate Total (Base + Options, if exercised)

Page 1 of

B.4 SCOPE OF WORK

Safety Service Equipment Calibration Contract Background The Contractor shall provide a preliminary assessment of the Safety Service list of equipment and instrumentation (SSEI), develop and maintain a calibration schedule, transport and handle the SSEI, calibrate the SSEI, complete minor maintenance/repair the SSEI, provide calibration gas for bump testing, and provide calibration/repair documentation that meets the applicable and appropriate quality standards for the SSEI for the Richard L. Roudebush VA Medical Center (RLR VAMC) located at 1481 W. 10th Street, Indianapolis, IN 46202 for a base plus four (4) one (1) year option contract.

Scope Contractor shall provide inspection of the SSEI, develop, and maintain a calibration schedule, transport/ship, and handle SSEI, complete minor preventative maintenance/repair, provide calibration gas, conduct calibration, and provide calibration documentation that meets the applicable and appropriate quality standards for the SSEI. The frequency of calibration for the specific equipment/instrument shall be approximately every six months or annually, to be in accordance with the manufacturer’s instructions and the intent of Occupational Safety and Health Administration (OSHA) regulations identified in 29 CFR 1910 or 29 CFR 1926.

The Contractor and the Contracting Officer Representative (COR) will arrange for routine/regular equipment/instrumentation shipping/pick up and return. The Contractor shall possess the necessary technical expertise required by this solicitation to be considered for award of this contract.

Tasks A. Site Access Process Site access will not be necessary to perform the tasks for this contract. The Contractor shall realize and bear the cost for shipping/escorting/transporting of the SSEI for the calibration process.

Equipment/Instrumentation List and Scheduling The Contractor shall perform a preliminary inspection and evaluation of the RLR VAMC Safety Service equipment and instrumentation list to confirm the instrument identity and develop a list of all equipment and instrumentation. Based upon the equipment/instrumentation, the Contractor shall develop and maintain a calibration schedule. The schedule will be shared electronically with the SSEM/COR.

The Contractor is responsible to keep the calibration schedule updated at least quarterly. The schedule shall include the make, model, serial number, date of each calibration.

Safety Service Equipment Manager (SSEM) Contact Information: Daniel T. Woody, MS, CIH Indianapolis VA Medical Center 1481 W. 10th Street Indianapolis, IN 46202 daniel.woody@va.gov 317-988-3322 (office) 317-313-4456 (cell) NOTE: If the SSEM is changed, the Contractor will be notified of the change and will be provided the new contact information.

Transport and Shipping The Contractor shall be responsible for any and all transport and shipping costs that may be incurred. The Contractor shall provide a transport/shipping option that is protective, secure, and insured for transport of SSEI, and the Contractor will bear the cost of all shipping and transport of SSEI.

The frequency to provide these services and conduct the calibration/maintenance of the SSEI is approximately once every six (6) months. The Contractor shall provide the container, box, labels, and all needed elements to ship instruments safely. The Contractor shall insure the package(s) to cover costs for damages. The Contractor shall send an email to the RLRVAMC COR identifying equipment to be sent out at least five (5) business days prior to expected “ship out” date. The COR will send a confirmatory email to the SSEM and the Contractor. For equipment “ship out” shipping, the Contractor shall send containers/boxes to arrive at least five (5) days in advance prior to expected ship out date.

Once boxes/containers are received by the SSEM, the SSEM will place instruments in the provided containers, place the provided shipping labels on the boxes/container, and deliver to the VA Shipping or delivery service pick up area at the RLRVAMC (as designated by the Contractor).

When the Contractor receives the SSEI, the contractor shall send an email to the SSEM to inform and confirm receipt of the instruments.

See section D below for direction for post-calibration shipping requirements.

Calibrations and Maintenance The Contractor shall provide all equipment, tools, material, and personnel resources to perform calibration and maintenance of the identified equipment and instrumentation at a frequency of approximately once per six (6) months. In addition to routine maintenance, the contractor shall include potential replacement of sensors when needed. The Contractor shall conduct and perform equipment and instrument calibrations and testing in accordance with manufacturer requirements and any applicable regulatory requirements. The Contractor shall calibrate on or before the expiration date of each piece of equipment or instrument. Where two (2) or more of the same type of instrument exists, the Contractor shall take instruments for calibration and yet still allow for the Safety Service to continue to have monitoring capabilities. Alternatively, a loaner instrument may be provided while RLRVAMC equipment/instruments are being calibrated.

The Contractor shall conduct calibration of instruments and equipment within 30 days of receipt. Upon completion of calibration, equipment and/or instrumentation are to be returned as soon as practicable but shall not occur later than 14 calendar days after calibration. Should equipment/instrumentation not be returned within 14 calendar days after calibration, the RLRVAMC may elect to impose a 20% reduction in cost up to 30 days, 40% for 31 days to 60 days; and 50% after 60 days.

The Contractor’s equipment, instruments, and materials shall be properly maintained, calibrated, and be traceable to the applicable standards and methods with documentation of the same.

For any piece of equipment or instrument that does not perform properly or operate normally after the Contractor calibration process, the RLRVAMC SSEM will email the Contractor to inform them about the item. The Contractor shall provide the necessary containers/boxes, labels, and all needed elements for the return of the equipment/instrument and perform a repeat calibration at no additional cost to the RLRVAMC. Upon satisfactory re-calibration, the Contractor shall return the instrument back to the RLR VAMC within 14 calendar days.

Calibration Gas The Contractor shall provide the necessary calibration gas necessary to allow the RLRVAMC Safety Service staff to perform bump tests, as required by the manufacturer, OSHA regulations, and best Industrial Hygiene practices. The calibration gas cylinders shall be properly labelled and clearly show the expiration date on each cylinder.

Waste Any waste generated by cleaning or calibration services shall be the responsibility of the contractor. The contractor shall properly use, handle, store, and transport the waste and shall comply with all applicable local, state, and federal laws associated with the waste materials.

Documentation The Contractor shall collect and maintain all raw and summary data generated or obtained for RLR VAMC equipment and instrumentation calibrations and testing and shall be identifiable to each specific piece of equipment or instrument. Calibration stickers shall be affixed to each piece of equipment or instrument and shall be legible, durable, and not interfere with the use or operation of the device. Individual certificates of calibration shall be provided to the RLRVAMC SSEM for each item and shall be emailed or provided in hard copy when returning the instrument upon completion of calibration. At a minimum, documentation will be available to include the make, model, serial number, and date of each calibration, and any other information necessary to properly identify each specific item such that it is distinct from all others.

Adding or Removing Equipment or Instrumentation For any equipment or instrument that will be added to the calibration schedule during the contract period, the SSEM shall email the Contractor with the make, model, serial number, and date that the equipment/instrument was placed into service. The Contractor shall update the calibration schedule to reflect the added equipment/instrumentation. The Contractor shall provide the cost for the addition to allow the COR to submit a modification for the contract to account for the added cost.

For any equipment or instrument that will be removed, emails shall be exchanged between the SSEM and the Contractor. Once the SSEM has removed the item from use, the Contractor shall update the calibration schedule to reflect the date taken out of service. The cost associated with that specific instrument shall be removed from the invoice for the next calibration cycle.

Failure of Equipment If a piece of equipment or instrument fails and cannot be restored to normal operations, the Contractor shall contact the RLRVAMC SSEM within 10 calendar days. The equipment or instrument shall be returned to the SSEM for disposition. After the SSEM has finalized disposition of the item, an email will be sent to the Contractor to inform them of the disposition. Upon the Contractor receiving the disposition email from the SSEM or designee, the Contractor shall remove that specific piece of equipment or instrument from the inventory list and document the end of service date. The cost associated with that specific instrument will be removed from the invoice for the next calibration cycle.

Damages The Contractor shall be responsible for damages while RLRVAMC Safety Service equipment and instrumentation is in their control or possession. The cost for repair or replacement of the specific item(s) shall be realized by the Contractor for damages that occurred when the equipment/instrumentation was under their control or possession.

Invoicing The Contractor shall provide an itemized list of calibrations and associated costs to the RLRVAMC COR for processing. The Contractor shall send the invoice within 30 days after completion of each calibration service and after the equipment or instrument has been returned to the SSEM.

Required from Offerors All of the following line items shall be submitted with your quote in order for your company to be considered for award.

1) Contractor shall provide an itemized quote based on the list below. For quoting purposes, include a cost for the replacement of the oxygen sensor annually and at least one (1) other sensor annually for gas detecting instruments as indicated in the table below.

Table 1. Equipment List

- Replacement of oxygen and one sensor annually

- Replacement of oxygen and one sensor annually

- replacement of oxygen and one sensor annually

- Replacement of oxygen and one sensor annually

- Replacement of oxygen and one sensor annually

- Replacement of oxygen and one sensor annually

- Replacement of one sensor annually

- Replacement of one sensor annually

2) Contractor shall certify by statement that it acknowledges the responsibility for acquisition or is in possession of all required business licenses and permits required by law.

3) Provide a copy of the following:

a. Calibration quality assurance and control accreditation certificates that indicate which standard was used and the authorized agency (e.g., NIST, American Industrial Hygiene Association, etc.) issuing accreditation for the contractor’s instrumentation and operation used for the calibration of scientific instruments for each business entity that will provide service regarding any aspect of RLR VAMC Safety Service equipment calibration program.

b. Proof of liability insurance (all lines of coverage – e.g., general liability, automobile liability, umbrella liability, workers compensation liability, etc.).

c. An excerpt that highlights the overall Quality Management principals, technical capability, and customer service expectations for doing business.

4) Clearly identify the method for handling and transporting/shipping instrumentation. Options include a) use a pickup / delivery service or b) use shipping options for the calibration process. The Contractor shall bear the cost of all shipping, handling, and transportation costs.

5) Provide educational and or experience profile of key staff members who will be responsible for the company’s performance of this contract.

6) Provide sample document(s) of an instrument calibration certificate for a four (4)-gas measuring instrument that is typically provided to the client.

7) All technicians that will conduct calibration services for RLRVAMC Safety Service shall be expected to have received calibration proficiency training for instrument calibration. Provide certificates indicating training and the last annual refresher training for each technician who will perform services for the RLR VAMC.

8) Provide copies of any violations and/or citations that the contractor has received for non- compliance with EPA, OSHA, or labor requirements for the past three (3) years from the date of submission. Contractor will be disqualified for the following: more than three (3) Serious Violations, any REPEAT or WILLFUL VIOLATIONS, unresolved violations involving Consent Orders or mismanaged waste. If there are none, a statement is required indicating that no violations or citations have been received.

Safety and Security

a. The contractor shall perform all operations in a prudent, conscientious, safe, and professional manner. At a minimum, contractor personnel and equipment shall comply with all safety requirements set forth in applicable State, Federal, and local laws, and regulations and shallfurther ensure that its agents and employees perform work in a safe manner. The contractor shall ensure that all personnel involved in handling and packaging instruments, equipment, or supplies be trained for the level of expertise required of the proper performance of the task. Contractor shall ensure that its employees use proper handling and personal protective equipment (PPE) when needed. Contractor employees shall be trained to use applicable personal protective equipment.

b. The VA reserves the right to inspect contractor facilities before approving its use or at any time during or after contract period.

c. The Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required.

Performance Place of Performance: Calibration services will be performed at the Contractor’s business.

Period of Performance

(1) Hours of work for “send out” or “return” shipping of SSEI are defined as 8:00 am to 2:00 pm, Monday through Friday, excluding Federal holidays for VA staff. Federal holidays: The eleven

(11) holidays observed by the Federal Government are: New Year's Day, Martin Luther King Junior's Birthday, President's Day, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Also, any other day specifically declared by the President of the United States to be a national holiday.

(2) Hours of work or operation for the Contractor may be set at the Contractor’s convenience.

Contractor Performance- The contractor shall:

Without additional cost to the Government, provide and maintain all licenses and permits for operational personnel and business purposes required for proper quality and accreditation for instrument/equipment calibration, in accordance with all applicable Federal, State, Municipal, and local regulations, or industry practice. If appropriate licenses, etc. are not maintained, the VA may terminate the contract effective upon discovery. The CO or his/ her designee reserves the right to stop work if the COR determines work is being done in an unsafe/unhealthy manner or that could harm individuals or the environment. VA will not incur additional costs if work is stopped for good cause.

Contractor Performance Evaluation- The COR shall evaluate/monitor the following areas of the contract throughout each service period:

i. Quality of Service

ii. Schedule

iii. Timely turnaround

Indemnification Upon receipt/removal of items from the Government installation, the contractor shall assume accountability, physical custody, and full responsibility for such items. The Government assumes no liability for any damage to any property belonging to the contractor, any person, or public property or for personal injuries, illness, disabilities or death to the contractor, contractor's employees, and any other person subject to the contractor's control of any other person, including members of the general public, arising from or incident to the processing, transporting, disposal, or any subsequent operation performed upon , exposure to or contact with any component, part, constituent or ingredient of this item, or substance or material whether intentional or accidental. The contractor agrees to hold the Government harmless and indemnify the Government for any and all costs, judgment, action, debt, liability costs and attorney's fees or any other requests for monies or any other type of relief arising from or incident to the processing, transporting and disposal of any subsequent operation performed upon, exposure to or contact with any component part, constituent or ingredient of this item, material or substance, whether intentional or accidental.

Contractor Responsible Person Within 15 days of award, the contractor shall provide a list of names, titles, telephone numbers, and e- mail addresses of key managers, supervisors, and customer service personnel performing under this contract. Prior to commencement of work on this contract, the contractor shall provide the Contracting Officer Representative (COR) the name and telephone number of at least one responsible individual who shall respond to problems and/or emergencies. The Contractor representative will be responsible to reply or respond to the COR within 48 hours.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.217-8 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.