36C25026Q0016.pdf

PAGE 1 OF1. 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

610-26-1-6062-0002

36C25026Q0016

Seevers, Courtney 216-791-3800 ext. 11288 09-19-2025

12:00 PM EDT

Department of Veterans Affairs Network Contracting Office (NCO) 10 6100 Oak Tree Blvd., Suite 490

Independence OH 44131

X

812332

$47 Million

N/A

X

Department of Veterans Affairs VA Northern Indiana Health Care System 1700 E 38th St.

Attn: EMS Marion IN 46953

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 https://www.tungsten-network.com/ customer-campaigns/veteransaffairs

See CONTINUATION Page

The Veterans Administration Northern Indiana Health Care System has a requirement for floor mat services at the Fort Wayne Facility, Marion Facility, Jackie Walorski VA Clinic, Muncie Community Based Outpatient Clinic (CBOC), Huntington VA Clinic, Defiance VA Clinic, and Peru CBOC.

All questions will be answered via Solicitation amendment.

All questions must be submitted in writing to the Contract Specialist at the following e-mail: Courtney.Seevers@va.gov no later than 09/12/2025, by 12:00 PM ET.

Award will be made via comparative analysis of offers; see 52.212-2 in Section E for details.

See CONTINUATION Page 610-3660162-6062-856100-2542 010056100

X X

X One(1)

Sims, Tiera Contracting Officer

36C25026Q0016

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 ELECTRONIC INVOICE SUBMISSION AND INVOICING

B.3 PRICE/COST SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...28

C.4 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.9 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)..32

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION JUL 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION INFORMATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR: Name: ______________________________________ Address: _____________________________________ City, State, Zip: ________________________________ Telephone Number: ____________________________

POC:_________________________________________

E-mail address: ________________________________ Contractor’s Unique Entity ID: ____________________

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

Contracting Officer Tiera Sims Tiera.Sims@va.gov Department of Veterans Affairs Network Contracting Office (NCO) 10 6100 Oak Tree Blvd., Suite 490 Independence OH 44131

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

[X] 52.232-33, Payment by Electronic Funds Transfer – System for Award Management.

3. INVOICES: Invoices shall be submitted in arrears:

c. Other: [ X ] Monthly to: https://www.tungsten-network.com/customer-campaigns/veteransaffairs

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Tungsten Network: https://www.tungsten-network.com/customer-campaigns/veteransaffairs

5. Late Quote Submission: Late submissions may not be considered.

6. SUBMISSION OF OFFER:

a. Offerors shall complete and return all information designated in:

1.) Blocks 17 (a) and 30 (a-c) of SF 1449

2.) Contract Administration Data

3.) The Price/Cost Schedule, Section B

4.) Pricing breakdown spreadsheet attached to Solicitation labeled “D.1 Locations - Qty

- Pricing Breakdown”

5.) 52.209-7, Information Regarding Responsibility Matters

6.) 52.212-3, Representations and Certifications, or valid completion of SAM is acceptable

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

8.) Quote Format and Structure - To provide a basis for sound evaluation by the Government, Quoters must submit a complete quote. The information provided shall be concise, factual, complete, and demonstrate the Quoter's capacity and capability to satisfactorily perform the requirements outlined in the solicitation. Quotes will be considered only from Quoters that are regularly established in the business and in the judgment of the Government, are deemed financially responsible and able to show evidence of appropriate experience.

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.

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

AMENDMENT NO DATE

B.2 ELECTRONIC INVOICE SUBMISSION AND INVOICING

VENDOR ELECTRONIC INVOICE SUBMISSION REQUIREMENTS AND METHODS

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.

2. 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

3. 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:

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

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

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

d. 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 15th 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

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Fort Wayne Facility Contract Period: Base POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

0002 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Marion Facility Contract Period: Base POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

0003 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Muncie CBOC Contract Period: Base POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

0004 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement -Peru CBOC Contract Period: Base POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

0005 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Huntington VA Clinic Contract Period: Base POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

0006 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Jackie Walorski VA Clinic Contract Period: Base POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

0007 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Defiance VA Clinic Contract Period: Base POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

1001 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Fort Wayne Facility Contract Period: Option 1 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

1002 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Marion Facility Contract Period: Option 1 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

1003 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Muncie CBOC Contract Period: Option 1 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

1004 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement -Peru CBOC Contract Period: Option 1 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

1005 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Huntington VA Clinic Contract Period: Option 1 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

1006 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Jackie Walorski VA Clinic Contract Period: Option 1 POP Begin: 11-01-2026 POP End: 10-31-2027

PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

1007 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Defiance VA Clinic Contract Period: Option 1 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

2001 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Fort Wayne Facility Contract Period: Option 2 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

2002 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Marion Facility Contract Period: Option 2 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

2003 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Muncie CBOC Contract Period: Option 2 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

2004 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement -Peru CBOC Contract Period: Option 2 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

2005 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Huntington VA Clinic Contract Period: Option 2 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

2006 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Jackie Walorski VA Clinic

Contract Period: Option 2 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

2007 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Defiance VA Clinic Contract Period: Option 2 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

3001 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Fort Wayne Facility Contract Period: Option 3 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

3002 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Marion Facility Contract Period: Option 3 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

3003 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Muncie CBOC Contract Period: Option 3 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

3004 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement -Peru CBOC Contract Period: Option 3 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

3005 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Huntington VA Clinic Contract Period: Option 3 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

3006 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Jackie Walorski VA Clinic Contract Period: Option 3 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

3007 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Defiance VA Clinic Contract Period: Option 3 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

4001 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Fort Wayne Facility Contract Period: Option 4 POP Begin: 11-01-2029 POP End: 10-31-2030 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

4002 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Marion Facility Contract Period: Option 4 POP Begin: 11-01-2029 POP End: 10-31-2030 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

4003 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Muncie CBOC Contract Period: Option 4 POP Begin: 11-01-2029 POP End: 10-31-2030 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

4004 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement -Peru CBOC Contract Period: Option 4 POP Begin: 11-01-2029 POP End: 10-31-2030 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

4005 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Huntington VA Clinic Contract Period: Option 4 POP Begin: 11-01-2029

POP End: 10-31-2030 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

4006 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Jackie Walorski VA Clinic Contract Period: Option 4 POP Begin: 11-01-2029 POP End: 10-31-2030 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

4007 26.00 EA __________________ __________________

Biweekly Floor Mat Replacement - Defiance VA Clinic Contract Period: Option 4 POP Begin: 11-01-2029 POP End: 10-31-2030 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

GRAND TOTAL __________________

Base Year

Option Year One (1)

Option Year Two (2)

Option Year Three (3)

Option Year Four (4)

Aggregate Total (Base + Options, if exercised)

B.4 STATEMENT OF WORK

Part I: General Information

1. Introduction:

The Veterans Administration Northern Indiana Health Care System has a requirement for floor mat services at the Fort Wayne Facility, Marion Facility, Jackie Walorski VA Clinic, Muncie Community Based Outpatient Clinic (CBOC), Huntington VA Clinic, Defiance VA Clinic, and Peru CBOC to ensure cleanliness of each facility and safety for patients, visitors and employees. Services shall be conducted on a bi-weekly basis to ensure mats are being rotated out and cleaned on a consistent basis.

2. Scope:

The Contractor shall provide all necessary labor, equipment and transportation to provide floor mat and runner service. Contractor shall guarantee delivery of the highest quality textile floor mat and runner services at all times. Each mat/runner shall be laundered and returned the following service date to replace the current mat/runner in use. Each mat shall be exchanged for the same size, color and/or logo mat/runner being used at each location.

Mat sizes are various lengths, width, and gauge. All mats/runners shall be exchanged whether it is soiled or not. All designated areas shall have a mat/runner.

3. Specifications and Technical Requirements:

a. Specifications:

i. Contractor mats shall be of a quality and condition acceptable to the VA.

ii. Mats shall be free of stains, tears, and holes.

iii. Mats with minor tears, open seams, stains, etc. are not acceptable and shall not be used.

iv. Mats that do not lay flat pose a safety hazard and shall not be accepted for use at any of the VA facilities.

v. Contractor Company name and logo shall be clearly labeled on the underside of all mats.

vi. Mats shall be heavy traffic, rubber-backed, dirt and moisture trapping pile entrance mats.

vii. Color of mats shall be determined by the VA.

viii. Exterior mats shall be black with wide trap treads.

ix. All mats shall have appropriate backing for where they will be placed:

1. Smooth back for tiled areas

2. Gripper back for carpeted areas

x. Rubber mats shall have a slip-resistant surface, a minimum of 3/8” thick, heavy weight and certified slip-resistant by the National Floor Safety Institute.

b. Technical Requirements:

i. Each mat/runner shall be laundered and returned the following service date to replace the current mat/runner in use.

ii. Each mat shall be exchanged for the same size, color, and/or logo mat/runner in use at each location.

iii. At no time shall a mat/runner not be exchanged.

iv. At no time shall a designated area be left without a mat/runner.

v. All mats at all locations shall be exchanged on a bi-weekly schedule. This is 26 exchanges annually at each location.

4. Delivery:

All mats/runners shall be picked up by the Contractor and exchanged with clean mats/runners at the designated locations on the designated delivery schedule agreed upon by both the Government and Contractor.

a. Interference to Normal Function:

i. Contractor may be required to interrupt their work at anytime so as to not interfere with the normal functioning of the facilities, including utility services, fire protection systems, and passage of facility patients, personnel equipment and carts.

ii. In the event of an emergency, contractor services may be stopped and rescheduled at no additional cost to the government.

iii. Contractor personnel shall inform the Contracting Officer Representative (COR) or designee of the need to gain access to secured areas. If access is required to a secured area, prearranged scheduling shall be made with the COR or designee.

5. General Requirements:

a. All onsite work shall be coordinated with COR or designee.

b. Contractor shall respond to routine communications with in 48 hours.

c. Any problems noted with the mats/runners shall be reported to the COR or designee immediately.

d. Contractor upon award shall provide the Contracting Officer and COR with a list of contractor employees expected to enter the buildings to pick-up and exchange mats/runners.

e. While on VA premises, all contractor personnel shall comply with VA rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

f. The VA shall supply an access badge to each contractor employee when they arrive at each station. Contractor Employees shall wear this badge at all times while performing services on location. Badges shall be turned in at the end of each delivery at each location to the COR or designee.

g. Contractor personnel shall safeguard the access badge and immediately report any lost, stolen, or destroyed badges to the COR.

h. Badges shall be worn at or above the waist and badge will be facing forward at all times.

i. It is the responsibility of the contractor personnel to park in the appropriate designated parking areas. Parking shall be coordinated with each facility and the COR for the contract.

j. The VA does not validate or make reimbursement for parking violations of the contractor’s personnel under any circumstances.

k. All VA properties and areas are smoke-free. This no smoking policy shall be adhered to while on each campus.

Part II: Supporting Information

1. Security:

a. Contractor shall not have access to VA Sensitive Information, patient records, or data.

b. Contractor personnel shall check-in with security and the COR for each pick-up/exchange.

2. Hours of Work:

a. All work shall be performed during regular business hours unless the CO or COR determine that the services are needed out-side of normal working hours.

b. VA Northern Indiana Health Care System (Marion) normal work hours are Monday- Friday 8:00a-4:30p

c. VA Northern Indiana Health Care System (Fort Wayne) normal work hours are Monday- Friday 8:00a-4:30p

d. Muncie CBOC normal work hours are Monday-Friday 8:00a-4:30p

e. Peru CBOC normal work hours are Monday-Friday 8:00a-4:30p

f. Huntington VA Clinic normal work hours are Monday-Friday 8:00a-4:30p

g. Jackie Walorski VA Clinic normal work hours are Monday-Friday 8:00a-4:30p

h. Defiance VA Clinic normal work hours are Monday-Friday 8:00a-4:30p

i. Services are not required on Federal Holidays, which are listed below. If a delivery falls on a federal holiday, the delivery shall be rescheduled at an agreed upon time with the COR or designee.

i. New Year’s Day

ii. Birthday of Martin Luther King, Jr.

iii. Washington’s Birthday

iv. Memorial Day

v. Juneteenth National Independence Day

vi. Independence Day

vii. Labor Day

viii. Columbus Day

ix. Veterans Day

x. Thanksgiving Day

xi. Christmas Day, and

xii. Any other day that the President of the United States determines to be a Federal

Holiday.

3. Contracting Responsibilities:

a. The designated Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract.

b. Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration.

c. Only the Contracting Officer is authorized to make commitments or issue any modification to include but not limited to:

i. Terms affecting price, or

ii. Terms affecting the quality or quantity of the services listed in this contract.

d. The Contracting Officer is the final authority on validating complaints.

e. In the event that the Contractor effects any such change at the direction of any person other than the Contracting Officer without prior authority, no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof.

f. In the event that the procured services on this contract do not meet the VA’s quality and/or safety expectations, the best remedy shall be implemented, to include but not limited to a targeted and time limited improvement plan, increased monitoring of the contracted services, consultation or training for Contractor personnel to be provided by the VA ; replacement of the personnel and/or renegotiation of the contract terms or termination of the contract.

4. Non-Personal Services:

Government and Contractor agree that the Contractor and all of its employees shall not be considered VA employees for any purpose.

5. Performance

The Government shall document performance in accordance with deliverables. Any report shall become a part of the supporting documentation for any contractual action.

6. Places of Performance:

Locations:

VA Northern Indiana Health Care System 1700 E 38th St.

Marion, IN 46953

VA Northern Indiana Health Care System 2121 Lake Ave.

Fort Wayne, IN 46805

VA Community Based Outpatient Clinic 750 North Broadway Peru, IN 46970

VA Community Based Outpatient Clinic 2600 W White River

BLVD

Muncie, IN 47303

Jackie Walorski VA Clinic 1540 Trinity Pl.

Mishawaka, IN 46545

Huntington VA Clinic 2859 NorthPark Ave, Berkshire Bldg, Suite 110 Huntington IN 46750

Defiance VA Clinic 800 N Clinton St.

Ste B Defiance, OH 43512

Mat Locations at Each Building:

ENTRANCE MATS (Marion) Building # Location Mat Description Quantity

2 Front Entrance 3x10 A Style Logo Mat 1 2 Back Entrance 4x6 Slate Gray Suction Cup 1 2 Handy Cap Ramp 4x6 Slate Gray Suction Cup 1 2 North Stairwell 3x5 Logo Mat 1 5 Front Entrance 3x10 A Style Logo Mat 1 5 Back Entrance 4x6 Slate Gray Suction Cup 1 6 Front Entrance 3x10 A Style Logo Mat 1 6 Back Entrance 4x6 Slate Gray Suction Cup 1 15 Front Entrance 3x10 A Style Logo Mat 1 16 Front Entrance 3x10 A Style Logo Mat 1 17 Front Entrance 3x10 A Style Logo Mat 1 17 Handicap Ramp 3x10 Slate Gray 1 52 Front Entrance 4x6 Slate Gray 1 52 East Door 3x5 Slate Gray Mat 1 52 South Door 3x10 Slate Gray 1 52 South Door 3x5 Slate Gray Mat 1 65 Front Entrance 4x6 Slate Gray Suction Cup 2 65 Front Entrance 3x10 A Style Logo Mat 1 65 Catholic Entrance 4x6 Slate Gray Suction Cup 1 65 West Entrance 3x5 Slate Gray Mat 1 65 East Entrance 4x6 Slate Gray Suction Cup 1 79 North Entrance 3x5 Slate Gray Mat 1 79 South Entrance 4x10 Slate Gray Mat 1

124 Front Entrance 4x10 Slate Gray Mat 1

124 Front Entrance 4x6 Logo Mat 1

138 Front Entrance 4x6 Slate Gray Suction Cup 1

138 Front Entrance 4x6 Logo Mat 1

138 By Service Elevators 4x6 Slate Gray Suction Cup 2

170 Front Entrance 3x10 Slate Gray 1

170 East Back Entrance 3x5 Logo Mat 1

170 West Back Entrance 3x5 Logo Mat 1

170 Garage Entrance 3x5 Slate Gray Mat 1

172 South Attrium Entrance 4x10 Slate Gray Mat 1

172 South Attrium Entrance 4x6 Slate Gray Suction Cup 1

172 North Attrium Entrance 4x10 Slate Gray Mat 1

172 North Attrium Entrance 4x6 Slate Gray Suction Cup 1

172 South Long Hall 4x6 Slate Gray Suction Cup 2

172-174 Long Hall 4x6 Slate Gray Suction Cup 4

174 Dock Entrance 4x6 Slate Gray Suction Cup 2

174 West Lobby Entrance 4x6 Slate Gray Suction Cup 1

174 East Lobby Entrance 4x6 Slate Gray Suction Cup 1

174 N&FS Kitchen Enterance 3x10 Slate Gray 1

185 Front Enterance 3x10 A Style Logo Mat 1

185 Front Enterance 4x6 Slate Gray Suction Cup 2

185 Canteen 3x10 B Style Logo Mat 1

185 Canteen Pop Machine 3x10 Slate Gray 1

185 Back Entrance 3x10 Slate Gray 1

Total Mats Received 55

ENTRANCE MATS (Defiance) Building # Location Mat Description Quantity

Defiance CBOC Outside Front Entrance 3x5 Rubber Slip Resistant 1 Defiance CBOC Front Entrance Breeze Way 4x6 Logo Mat 1

Defiance CBOC Front Entrance 3x5 Slate Gray Mat 1

Total Mats 3

ENTRANCE MATS (Huntington) Building # Location Mat Description Quantity

Huntington CBOC Front Entrance 4x6 Logo Mat 1

Total Mats 1

ENTRANCE MATS (Fort Wayne) Building # Location Mat Description Quantity

1 Basement West End outside of EMS 4x6 Slate Gray Suction Cup 1 1 Basement Stair 2 South Entrance 3x10 Slate Gray 1 1 Basement East Entrance 4x6 Slate Gray Suction Cup 1 1 Basement East Entrance 4x6 Slate Gray Suction Cup 2

1 next to ramp by stair 4 4x6 Slate Gray 1 1 Dock 4x6 Slate Gray Suction Cup 1

1 -1st Floor Stair 21 3x10 Slate Gray 1 1 -1st Floor West Entrance 3x10 Slate Gray 1 1 -1st Floor West Entrance 4x6 Slate Gray Suction Cup 2

1 West North 4x6 Slate Gray Suction Cup 2 1 West North 4x6 Slate Gray 2 1 Lobby Check In 4x6 Slate Gray Suction Cup 2

1 North By Auditorium 4x6 Slate Gray Suction Cup 4 1 North By Auditorium 4x6 Slate Gray 2 1 North By Auditorium 4x10 Slate Gray Mat 1

1 Main Entrance 4x6 Slate Gray Suction Cup 2 1 Main Entrance 4x6 Logo Mat 2 1 Main Entrance 4x6 Water Hog 1 1 Ambulance Entrance 4x6 Water Hog 1 1 Ambulance Entrance 4x6 Slate Gray Suction Cup 3 6 Front/Back Entrances 4x6 Slate Gray 2 3 Lobby 3x10 A Style Logo Mat 1 3 Hallway 4x6 Slate Gray 6

T4 Entrances 4x6 Slate Gray 2 T5 Entrances 4x6 Slate Gray 2 T6 Entrances 4x6 Slate Gray 2 17 MRI 4x6 Slate Gray Suction Cup 1 4 Entrances 4x6 Slate Gray 2 1 Kitchen Entrance 4x6 Slate Gray Suction Cup 1 2 Boiler Plant 4x6 Slate Gray 4 8 Entrance 4x6 Slate Gray 1 8 Rear Entrance 3x10 Slate Gray 2 5 Front Entrance 3x5 Slate Gray 1 5 Back Entrance 3x5 Slate Gray 1 1 PACT 4x6 Slate Gray 2 Total Mats 63

ENTRANCE MATS (Jackie Walorski Clinic) Building # Location Mat Description Quantity

JWC CBOC East Entrance 3x10 Slate Gray 1 JWC CBOC North Entrance (Radiology) 4x6 Slate Gray 1 JWC CBOC North Entrance (Employee) 4x6 Slate Gray 1 JWC CBOC North Entrance (Employee) 3x10 Slate Gray 3 JWC CBOC Warehouse Entrance 3x10 Slate Gray 1

Total Mats 7

ENTRANCE MATS (Muncie) Building # Location Mat Description Quantity

Muncie CBOC Outside Front Entrance 3x5 Rubber Slip Resistant 1 Muncie CBOC Front Entrance Breeze Way 4x6 Logo Mat 1 Muncie CBOC Front Entrance 3x5 Slate Gray Mat 1

ENTRANCE MATS (Peru) Building # Location Mat Description Quantity

Peru CBOC Outside Front Entrance 3x5 Rubber Slip Resistant 1 Peru CBOC Front Entrance Breeze Way 4x6 Logo Mat 1 Peru CBOC Front Entrance 3x5 Slate Gray Mat 1

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…