36C25024Q0532.docx

36C25024Q0532

GENERAL INFORMATION

Network Contracting Office (NCO) 10 6100 Oak Tree Blvd., Suite 490

Independence OH 44131

POINT OF CONTACT*

Contract Specialist Courtney Seevers Courtney.Seevers@va.gov Contracting Officer Toni Waggoner-Boykin Toni.Waggoner-Boykin@va.gov

PLACE OF PERFORMANCE

Richard L. Roudebush VAMC

Sterile Processing Services

1481 W. 10th St

Indianapolis IN

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Sterile Processing Service Water/Steam Testing for the Richard L. Roudebush VAMC for ANSI/AAMI Water Compliance This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

Solicitation number 36C25024Q0532 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-03.

This solicitation is set-aside for Small Business Interests. Prospective offerors are required to be registered in System for Award Management (SAM) database when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract, resulting from this solicitation.

Offers will only be accepted from responsible contractors. The associated North American Industrial Classification System (NAICS) code for the procurement is 238220, with a Small Business size standard of $19 million dollars. The FSC/PSC is H946.

The Network Contracting Office (NCO) 10, anticipates one firm fixed price contract award to provide Sterile Processing Service Water/Steam Testing for the Richard L. Roudebush VAMC for ANSI/AAMI Water Compliance.

The Period of Performance start date is 05/15/2024 through 05/14/2025.

Place of Performance/Place of Delivery:

All interested companies shall provide quotations in accordance with the attached solicitation, RFQ 36C25024Q0532.

Technical questions on this solicitation are due via e-mail only to Courtney Seevers, Contract Specialist, at Courtney.Seevers@va.gov no later than 4:00 PM EDT, 04/17/2024.

Responses are due to the Contracting Office by 12:00 PM EDT on 04/19/2024. Responses are required to be emailed to Courtney.Seevers@va.gov and CC’d to Toni.Waggoner-Boykin@va.gov prior to the solicitation closing date and time. It is the responsibility of the offeror to ensure their quote is received in its entirety by the Contracting Officer before the solicitation closing.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Point of Contact:

Courtney Seevers, Contract Specialist: 216-791-3800 ext. 11288; Courtney.Seevers@va.gov.

Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice Toni Waggoner-Boykin, Branch Chief: 317-988-1513; Toni.Waggoner-Boykin@va.gov.

Combined Synopsis/Solicitation Notice

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. SIGNAT

URE 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

583-24-3-669-0039 36C25024Q0532 04-16-2024 Seevers, Courtney R.

216-791-3800 ext. 11288 04-19-2024

12:00 PM

EDT

Department of Veterans Affairs Network Contracting Office (NCO) 10 6100 Oak Tree Blvd., Suite 490 Independence OH 44131 X X 238220 $19 Million N/A X Department of Veterans Affairs Richard L. Roudebush VAMC 1481 W. 10th St Indianapolis IN 46202 Department of Veterans Affairs Network Contracting Office (NCO) 10 6100 Oak Tree Blvd., Suite 490 Independence OH 44131

36C250 Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically http://www.tungsten-network.com/customer campaigns/veterans-affairs-us/ See CONTINUATION Page The Richard L Roudebush VA Medical Center, Indianapolis requires water quality testing to meet the criteria of ANSI/ AAMI ST108 for r eprocessing of reusable medical equipment.

This procurement will be conducted as a comparative analysis utilizing FAR Parts 12 and 13.5.

Quoters that do not submit all required information may not be considered for award.

See CONTINUATION Page X X X Toni Waggoner-Boykin Branch Chief Page 1 of

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:

b. GOVERNMENT: Contract Specialist Courtney Seevers, 216-791-3800 ext. 11288 Courtney.Seevers@va.gov Department of Veterans Affairs Network Contracting Office (NCO) 10 6100 Oak Tree Blvd., Suite 490 Independence OH 44131

Contracting Officer, Branch Chief NCO 10, Services Team #3 Toni Waggoner-Boykin, 317-988-1513 Toni.Waggoner-Boykin@va.gov Department of Veterans Affairs Network Contracting Office (NCO) 10 8888 Keystone Xing, Ste 325, Indianapolis, IN 46240

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:

c. Other [X] Annually (NET 30)

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

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

B.2 INSTRUCTIONS TO QUOTERS INFORMATION AND EVALUATION CRITERIA

1) See Section E.

2) Quoters are required to complete Blocks 17, and 30a-c of the SF1449, the Schedule of Supplies/Services (see section B), FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, and the information identified below.

3) GENERAL INFORMATION

Selection of a quote for contract award will be made on the basis of an assessment of each offeror’s response to the Request for Quotes (RFQ). The award will be based on the overall Best Value to the Government for quotes meeting the evaluation criteria.

The award shall be based on the best overall value to the Government:

· Price

· Past Performance

· Technical

NOTE: Failure to comply with the RFQ requirements may be grounds to eliminate the quote from further consideration for contract award.

4) THE QUOTE

The submission of the documentation specified below will constitute the Quoter’s acceptance of the terms and conditions of the RFQ. These instructions prescribe the format for the quote and describe the approach for the development and presentation of quotation data. These instructions are designed to ensure the submission of the necessary information to provide for the understanding and comprehensive evaluation of the quote.

5) NUMBER OF COPIES TO SUBMIT

Quoters shall submit a SINGLE PACKAGE to the address shown in Block 9 of the Standard Form 1449 or via email to Courtney.Seevers@va.gov cc’ing Toni.Waggoner-Boykin@va.gov, no later than the date and time specified on the 1449 Block 8.

a) Standard Form (SF) 1449 Submit the SF 1449 issued under this solicitation, with Block 17 filled out by the Offeror. Include acknowledgment of any and all Amendments that may have been issued.

NOTE: Failure to acknowledge any and all Amendments issued pursuant to this solicitation may be cause for rejection of your offer.

b) Price Quote – Shall contain one (1) original copy of the signed quotation and completed Quoter’s Certifications and Representations. The cost/price portion of each quote shall be submitted in the space provided in the Schedule (section B).

c) VA NOTICE OF LIMITATIONS ON SUBMCONTRACTING – CERTIFICATE OF COMPLIANCE – Completed and signed.

d) Past Performance

Past performance shall be evaluated through the use of the Contractor Performance Assessment Retrieval System (CPARS) and a variety of sources both inside and outside the Federal Government in accordance with the policies and procedures contained in subpart 9.1, 13.106, or subpart 15.3, as applicable. When evaluating past performance, the government may consider the currency and relevancy of the information, the source of the information, the context of the data provided, and the general trends in the contractor’s performance. The Government shall consider this information, as well as information obtained from any other sources when evaluating past performance. Quoters may provide information on problems encountered on the identified contracts and the offeror's corrective actions. An offeror that has no record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance.

6) Failure to submit the necessary information may render the offer unacceptable, in which case it will not be considered for award. The quote will be evaluated in accordance with the criteria set forth above. The Government may, at its discretion and in its best interest, make an award without conducting discussions with offerors. Therefore, prospective offerors are encouraged to submit an initial quote that represents the best terms and conditions of the offeror.

7) Basis for Contract Award – This procurement is being conducted under FAR Parts 13 – Simplified Acquisition Procedures. The award will be made to the offeror whose quotation is determined to be the best value to the Government.

8) 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.

9) 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.

(End of Instructions to Offerors)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Utility Water Chemistry Test Contract Period: Base POP Begin: 05-15-2024 POP End: 05-14-2025 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Utility Water Bacteria Test

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Utility Water Endotoxin Test

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Critical Water Chemistry Test

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Critical Water Bacteria Test

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Critical Water Endotoxin Test

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Steam Water Chemistry Test

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Carbon Tank Exchange

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

DI Tank Exchange

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Membrane Replacement

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Pre-Filter Replacement

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

3 Micron Filter Replacement

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

.45 Micron Filter Replacement

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

.2 Micron Filter Replacement

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Ozone Disinfection

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Perasetic Acid Disinfection

POP Begin: 05-15-2024 POP End: 05-14-2025

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

B.4 STATEMENT OF WORK

STATEMENT OF WORK (SOW) - WATER QUALITY TESTING

1. Contract Title: Testing for Water Quality

2. Background: The medical center is required to complete testing on all water and steam systems utilized in the reprocessing of reusable medical devices. Water impurities can have adverse effects on medical devices and patient outcomes. The Association for the Advancement of Medical Instrumentation (AAMI) ST108: Water for the Processing of Medical Devices requirement is intended to mitigate the risks associated with water identified to be in improper quality.

3. Scope: The Richard L Roudebush VA Medical Center, Indianapolis requires water quality testing to meet the criteria of AAMI ST108 for reprocessing of reusable medical equipment. This is located at the Richard L Roudebush VA Medical Center, located at 1481 W. 10th Street, Indianapolis, IN 46202 and Vet House located at 2669 Cold Springs Rd., Indianapolis, IN 46222. Services shall be in accordance with the terms, conditions, provisions and schedule of the contract. Services shall be for the period of 5/15/2024 through 5/14/2025 for a single year contract with no option years.

4. Specific Tasks For Testing-Deliverable Product:

a. Contractor shall provide all labor, materials, equipment, transportation, lodging and supervision necessary to collect appropriate samples and deliver to a lab meeting requirement for processing of AAMI ST108.

b. Contractor shall provide training to Sterile Processing Service (SPS) and Engineering personnel on AMII ST108 requirements and responsibilities within one (1) week of contract awarded.

c. Contractor shall provide same tester each time to avoid the need of an escort. Escort shall be provided for first month of testing.

d. Tester shall be proficient in AAMI ST108 testing methods and procedures and documentation of training shall be provided.

e. Contractor shall provide certificate of training for tester.

f. Contractor must provide testing plan to be approved by COR.

g. Contractor shall provide remediation plan in then event two consecutive samples fail to meet AAMI ST108 standards.

h. Contractor shall be with one hour driving distance of Richard L. Roudebush VAMC to allow for emergency sample drop-off if needed.

i. Contractor shall provide Endotoxin results within three business days of receiving sample.

j. Contractor shall provide Chemistry results within five business days of receiving sample.

k. Contractor shall provide HPC results within five business days of receiving sample.

l. Contractor shall provide a handheld resistivity meter as well as pH hardness color metric dipsticks to the Indianapolis VA Medical Center. Contractor shall calibrate the resistivity meter monthly during their testing visit and provide a calibration certification with this visit as part of the report. Contractor shall provide a detailed site-specific operations manual and training to the Indianapolis VA SPS personnel and Engineering staff.

m. SPS AAMI ST108 Testing:

Table 1

Table 2

Table 3

5 Specifics for Routine Maintenance- Deliverable Products:

a. Contractor shall provide all labor, materials, equipment, transportation, lodging and supervision necessary to provide proper routine maintenance suggested by manufacturer of NuStream PG 44 Reverse Osmosis system.

b. Contractor shall complete routine maintenance first week of month due.

Table 4

6 Performance: The Government shall document performance. Any report shall become a part of the supporting documentation for any contractual action.

7 Security Requirements: Contractor shall not have access to VA Sensitive Information, patient records, or data.

8 General Requirements:

a. For testing services performed during normal work hours, 7:30 a.m. to 4:00 p.m. at the Richard L Roudebush VA Medical Center and Vet House, contractor’s tester shall report to Sterile Processing Services Administrative Officer, Building 1, RM A-B109, 317-955-9845

b. For routine maintenance services performed during normal working hours, 7:30 a.m to 4:00 p.m at the Richard L. Roudebush VA Medical Center and Vet House, contractor’s service technician shall report to Engineering Maintenand and Operations Supervisor, Building 1, RM A-B117, 317-988-2515.

c. For routine maintenance services performed outside normal working hours report to the Chiller Plant, 317-988-2329 at Richard L Roudebush VA Medical Center and Vet House. After all work is complete the contractor’s repairman shall again report to the Chiller Plant where the repairman shall submit service report.

d. Situations requiring more frequent analysis and/or special testing other than the specified requirements may arise. Contractor shall not perform any extra cost work without written authorization from the contracting office.

e. Contractor shall respond to routine communications within 48 hours.

f. Contractor shall provide emergency response, including a site visit if requested, within 4 hours of request, 24 hours a day, and 365 days per year.

g. All on site work shall be coordinated with Leroney Bond, Administrative Officer, SPS, 317-955-9845 A-B109, Leroney.Bond@va.gov, at least seven (7) days prior to performance of services.

h. Any deficiencies or problems noted with VA test results or with the water treatment specialist’s test results are to be reported immediately to the COR. If problems are found, corrective actions shall be recommended immediately, chemicals as necessary provided, and tests performed as necessary to confirm that desired results are achieved.

9 Deliverables:

a. A written report of each analysis and inspection shall be submitted upon completion of each analysis and/or inspection to include a summary report of treatment recommendations based on the analysis report. Each report shall be submitted in duplicate to the SPS Chief and COR.

b. Complete specification of all products: name, ingredients, control range, test procedures, physical state (liquid, powder, etc.), container size, method of delivery, compatibility with present materials being used, catalog data, Material Safety Data Sheets (MSDS) sheets.

c. Contractor shall provide to the COR complete written reports within 5 business days to include all test results and recommendations, and review reports. The report shall notate at a minimum the date of the test, testing parameters, and testing results as well as highlight if the results passed or failed by highlighting the results with a green for pass and red for fail. Parameters for pass/fail are noted in AAMI ST108.

10 Contracting Officer’s Representative (COR).

11 Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI): The Richard L Roudebush VA Medical Center shall not furnish parts and/or test equipment for the performance of this contract. It is the responsibility of the contractor to bring the appropriate equipment; and/or supplies necessary to complete the work as required within.

12 Other Pertinent Information or Special Considerations: All work shall be performed by personnel qualified to work on the specific equipment. All work performed shall be compliant with AAMI ST108 guidelines and shall be designed to assure that the Richard L Roudebush VA Medical Center is providing the best possible water to process reusable medical equipment.

13 Place of Performance: The Richard L Roudebush Department of Veterans Affairs Medical Center located at 1481 W. 10th Street, Indianapolis, IN 46202 and Vet House located at 2669 Cold Springs Rd., Indianapolis, IN 46222. AAMI ST108 testing shall take place in Sterile Processing department, Reverse Osmosis mechanical room, and GI Decontamination processing.

14 Period of Performance: May 15, 2024 through May 14, 2025.

Page 1 of Page 1 of Page 1 of Page 1 of

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 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause) C.4 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

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

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

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

(End of Clause)

C.5 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

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

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

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

(e) Exceptions. If, based on one of the…