36C25224Q0460.docx

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Attached to
J012--Fire Extinguishers/Kitchen Hoods Federal contract opportunity
Solicitation number
36C25224Q0460
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 12

About this file

This document is a Request for Quote (RFQ) solicitation for a firm fixed-price contract to provide combined inspection, testing, and maintenance (I/T/M) of the portable fire extinguishing equipment and commercial cooking fire protection systems at the Oscar G. Johnson VA Medical Center in Iron Mountain, Michigan. The contract period is for one base year with four one-year option periods.

The key requirements include annual inspections and testing of approximately 261 portable fire extinguishers, including 6-year internal maintenance and 12-year hydrotesting, as well as semi-annual inspections and maintenance of 6 kitchen hood suppression systems. The solicitation is set aside for service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs). Quotes are due by May 13, 2024 at 9:00 AM CDT. A site visit is scheduled for May 3, 2024 at 9:00 AM local time. The contract will be awarded to the lowest priced, technically acceptable offeror.

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36C25224Q0460

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

None 585-24-1-6024-0001 36C25224Q0460 4/29/2024 Eastmead,Lori 414-844-4840 05-13-2024

9:00AM

CDT

Department of Veterans Affairs

GLAC (69D)

115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 X 541990 $19.5 Million N/A X Department of Veterans Affairs Oscar G. Johnson VA Medical Center 325 East H Street Iron Mountain MI 49801-4760 Department of Veterans Affairs

GLAC-MILWAUKEE (69D)

Great Lakes Acquisition Center - HC 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 X See CONTINUATION Page Provide combined inspection, testing, and maintenance (I/T/M) of the portable fire extinguishing equipment and commercial cooking fire protection systems at the Oscar G.

Johnson VA Medical Center (VAMC), 325 East H Street, Iron Mountain, MI.

See CONTINUATION Page 585-3640162-6024-850300-2543 010040156 X X One Lori Eastmead Contracting Officer

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

AMENDMENT NODATE
________________________________________________________
________________________________________________________
________________________________________________________

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

CONTRACTOR NAME _____________________________________

ADDRESS ________________________________________________

CITY-STATE-ZIP __________________________________________

POINT OF CONTACT/TITLE ________________________________

PHONE NUMBER______________________________________
FAX NUMBER______________________________________
E-MAIL ADDRESS______________________________________

SAM UEI NO. ____________________________________________

CAGE CODE _____________________________________________

CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT

(IF DIFFERENT THAN ABOVE):

NAME: __________________________________________

EMAIL ADDRESS:_________________________________

b. GOVERNMENT: LORI EASTMEAD, CONTRACTING OFFICER

CONTRACTING OFFICE CODE: 36C252

DEPARTMENT OF VETERANS AFFAIRS
GREAT LAKES ACQUISITION CENTER
115 S. 84TH ST., STE 100

MILWAUKEE WI 53214

2. ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures. FAR Part 15 will not be used. The procedures in Part 12 used in conjunction with Part 13 allow the Government to procure services resembling those in the commercial marketplace and streamline the procurement process. From this RFQ, the Government intends to award a firm fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. (Note: The terms “offeror” and “quoter” are both used in this Solicitation. For the purposes of this Solicitation, these terms are interchangeable; there is no difference in meaning between the two.)

3. SET-ASIDE (If any): See box 10 of STANDARD FORM 1449

4. SOLICITATION TIMELINE SUMMARY:

A. SITE VISIT: It is strongly suggested and expected that the offeror inspect the campus to be serviced to fully understand the nature of the work and the conditions under which the work is to be performed. In no case shall failure to inspect the campus constitute grounds for a claim after contract award.

SITE VISIT IS SCHEDULED FOR MAY 3, 2024, at 9:00AM LOCAL TIME. ALL INTERESTED PARTIES TO MEET COR ANDRE HANNA, (906-774-3300 X32204), building 1, Room B077 (Engineering Conference Room).

B. RFQ QUESTIONS:

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question-and-answer requests must be submitted in a written form via e-mail to the Contracting Officer Lori.Eastmead@va.gov no later than MAY 6, 2024, AT 9:00AM LOCAL TIME. Contracting will issue a consolidated response via solicitation amendment to https://sam.gov Contract Opportunities within 2 business days to all parties.

C. SOLICITATION CLOSES/QUOTES DUE:

See box 8 of STANDARD FORM 1449 or most recent Amendment.

D. SUBMISSION OF QUOTE:

See 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services and addendum for specific instructions to offerors.

5. CONTRACTING OFFICER AUTHORITY:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

6. INVOICES:

a. All payments by the Government to the contractor will be made in accordance with: FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

b. Invoices shall be submitted (monthly) in arrears in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

c. Payments shall be made in arrears upon receipt of a properly prepared invoice.

d. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

e. The VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-489-6135 for Enrollment.

f. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

g. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

h. VA’s Electronic Invoice Presentment and Payment System – The Veterans Affairs Financial Services Center (VAFSC) uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veteransaffairs/ to begin submitting electronic invoices, free of charge.

i. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

j. For assistance setting up e-Invoice, the below information is provided:

* Tungsten Network e-Invoice Setup Information: 1-877-489-6135

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

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

7. FACILITY REQUIREMENTS: In addition to any other requirements set forth in this Contract, the Contractor, including its employees, agents, and subcontractors (collectively “the Contractor”), shall comply with the following facility requirements. Failure to comply with these requirements shall be considered a material breach of this Contract and may be a violation of Federal law resulting in charges answerable in the United States District Court.

a. Contractor is responsible to follow all on site facility policies.

b. All VA property is considered Federal property and all Federal laws are applicable.

c. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

d. All VA facilities are drug free. Possession of drugs, to include Marijuana and all Marijuana biproducts are prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

e. All contractor personnel are required to adhere to all VA rules and regulations.

f. Smoking is prohibited on the entire campus, both inside and outside the VA Facility

g. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

h. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.

8. SECURITY & PRIVACY CONTROL: The Authorization & Accreditation (A&A) requirements of VHA Handbook 6500.6 do not apply to this requirement, therefore, a Security Accreditation Package is not required. No A&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security If there are any questions related to privacy, please have a member of your staff contact the VA Privacy Service at (202) 461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at (304) 262-7733.

STATEMENT OF WORK

PORTABLE FIRE EXTINGUISHERS &

KITCHEN HOOD SUPPRESSION SYSTEM

INSPECTION AND MAINTENANCE

OGJVAMC IRON MOUNTAIN MI

1. GENERAL - This is a service contract to provide combined inspection, testing, and maintenance (I/T/M) of the portable fire extinguishing equipment and commercial cooking fire protection systems at the Oscar G. Johnson VA Medical Center (VAMC), 325 East H Street, Iron Mountain, MI.

2. SCOPE OF WORK - The Contractor shall provide all personnel, most current reference material applicable to I/T/M of systems, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform I/T/M as outlined in the SOW.

a. Portable Fire Extinguisher Services – Extinguishers shall be inspected, tested, and maintained in accordance with the most recent NFPA 10. Services to include:

· 6-year inspection and 12-year hydrotesting of all portable dry chemical, clean guard, and K-guard fire extinguishers. Services are to include all parts, recharges, internal inspections, and hydro-tests that are due at the time of inspection. This includes tags, labels, pins, verification collars, gauges, etc. The Contractor has the option to perform the inspections/tests on or off site. This service also includes annual inspections. Monthly inspections are done in-house.

· NO area on the Facility campus or CBOC’s will be left without a fire extinguisher for more than two (2) hours each occasion.

· The inspection report is to be provided to the Contracting Officers Representative (COR) and Safety Manager within two weeks of each inspection.

b. Kitchen Hood Suppression System Services – Equipment shall be inspected, tested, and maintained in accordance with the NFPA 96. Services to include the semi-annual maintenance of all kitchen hood suppression systems. Services are to include all parts, and adjustments, and required to keep the system maintained. This is to include replacement of the fusible links, blow off caps, nozzle cleaning, nozzle replacement, link line adjustment, cylinder internal inspection, recharge and hydro-test when required per NFPA 17A. This agreement is not to include recharge and service if the system is discharged.

· Semi-Annual inspection is to be done in April and October of each year.

· A final copy of the inspection report is to be provided to the COR and Safety Manager within two weeks of the inspection.

3. EQUIPMENT QUANTITIES:

a. Portable Fire Extinguishers (Total numbers by type):

· Dry Chemical ABC Fire Extinguishers – 208 (7 – 5#; 201 – 10#)

· FE-36 Fire Extinguishers – 51 – 5#

· Non-magnetic extinguishers – 2 – 10#

· K-Guard Fire Extinguishers - 2 – 10#

b. Portable Fire Extinguishers (261 are located throughout the campus and CBOC’s). No area on the Facility campus or CBOC’s will be left without a fire extinguisher for more than two (2) hours each occasion.

c. The Contractor shall at a minimum perform the following tests and provide new extinguishers in the defined fiscal year:

6-Year (10#)

12-Year Hydro (10#)
EXCHANGE 5# Clean Guard

extinguishers EXCHANGE New 2.5# ABC extinguishers

FY2024
12
51
20
10
FY2025
2
1
FY2026
1
3
FY2027
84
16
33
10
FY2028
13
16
15
10

d. Portable Fire Extinguishers, up to 32 (10# ABC), are located at our Centrally Based Outpatient Clinics and in off station vehicles. These extinguishers will require a return visit to the main facility campus approximately two-four weeks after the original visit for all required maintenance. The contractor shall inspect enough fire extinguishers at the main facility on the first visit so that the inspected fire extinguishers can be sent out to the Centrally Based Outpatient Clinics and off station vehicles to be swapped out with the off-station fire extinguishers that will be returned to the main facility for maintenance and testing as required.

e. Kitchen Hood Suppression Systems (6), Located in Building No. 1

Kitchen Hood #1
Manufacturer
Model Number
Serial #
Location
Hood EE#23820
Greenheck
GXEW-102.00-S
15002705
B175
Control
Greenheck
KFCC
15002706
Suppression
ANSUL
R-102
150276
Kitchen Hood #2
Manufacturer
Model Number
Serial #
Location
Hood EE#23821
Greenheck
GXEW-102.00-S
15002707
B186
Control
Greenheck
KFCC
15002708
Suppression
ANSUL
R-102
253539
Kitchen Hood #3
Manufacturer
Model Number
Serial #
Location
Hood EE#23822
Greenheck
GXEW-102.00-S
15002709
B186
Control
Greenheck
KFCC
15002711
Suppression
ANSUL
R-102
250335
Kitchen Hood #4
Manufacturer
Model Number
Serial #
Location
Hood EE#23823
Greenheck
GXEW-102.00-S
15002712
B175
Control
Greenheck
KFCC
15002713
Suppression
ANSUL
R-102
245060
Kitchen Hood #5
Manufacturer
Model Number
Serial #
Location
Kitchenette Hood EE#18973
Denlar
D1036-FE
2013
1116B
Kitchen Hood #6
Manufacturer
Model Number
Serial #
Location
Kitchenette Hood EE#23190
Denlar
D1036-FE
4447
4142

4. CONFORMANCE STANDARDS: The contractor accepts responsibility for the equipment in “as is” condition. Failure to inspect the equipment prior to contract award shall not relieve the contractor from performance of the requirements of this contract.

5. INSPECTION/TESTING/MAINTENANCE/: Service shall be performed in accordance with and during the hours defined established herein. All service must be scheduled in advance with the COR. All exceptions to the schedule shall be arranged and approved in advance with the COR. The Contractor shall provide all tools and supplies necessary to properly perform inspections and tests in accordance with the most recent NFPA 10 and 17A. The Contractor shall leave areas where he/she performs work neat, clean, and orderly.

Portable Fire Extinguishers

a. The Contractor shall perform a full inspection and test of each fire extinguisher and systems at least annually and kitchen hood suppression system semi-annually.

b. All portable fire extinguisher tests, inspections, maintenance, alterations, and repairs performed under this contract shall comply with the latest edition of the NFPA 10 including all appendix chapters. Anywhere NFPA 10 states “should”, it shall be taken to mean, “Shall”.

c. The Contractor shall perform remedial maintenance of a non-emergency nature. Tanks shall be inspected for dents, abrasions, faulty welds, faulty soldered joints, faulty brazed joints, corrosion, worn hoses, faulty gauges, and other external operating parts. Tanks shall be weighed and brought up to proper weight if low. Tanks shall be tagged after passing inspection. Tags shall show date of inspection and signature of the inspector.

d. The Contractor shall perform all required 6-year certifications for internal maintenance on portable fire extinguishers as necessary. A verification of service collar and label will be used upon completion of each 6-year internal maintenance inspection.

e. The Contractor shall perform all required 12-year certifications for hydro-testing on the portable fire extinguishers as necessary.

f. The Contractor shall return the equipment to the operating condition per the NFPA code requirements.

Kitchen Hood Suppression Systems

a. The Contractor shall perform a full inspection and test each kitchen hood suppression system semi-annually.

b. Cleaning of equipment does not include cleaning of hood, filters, or duct work on the kitchen hood.

c. All Kitchen Hood Suppression System tests, inspections, maintenance, alterations, and repairs under this contract shall comply with the latest edition of the NFPA 17A including all appendix chapters. Anywhere NFPA 17A states “should”, it shall be taken to mean, “Shall”.

d. Return the equipment to the operating condition per NFPA code requirements.

6. HOURS OF COVERAGE:

a. Normal hours of coverage are Monday through Friday from 7:30 a.m. to 4:00 p.m. local time, excluding holidays. All inspection/testing shall be performed during normal hours of coverage unless requested or approved by COR or his/her designee. Work performed outside the normal hours of coverage at the request of the Contractor shall be considered service during normal hours.

b. Federal Holidays observed by the VAMC are:

New Year’s Day
Labor Day
Martin Luther King Day
Columbus Day
President’s Day
Veteran’s Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day
Juneteenth
Any other day designated as a Federal Holiday by Presidential Decree.

7. DOCUMENTATION/REPORTS

a. Recycling: The contractor shall provide recycling data (pounds) of expired extinguishers as necessary.

b. SDS: The Contractor shall provide current Safety Data sheets (SDS) for all hazardous materials brought into the building. This information will be provided to the COR.

c. Testing: The documentation will include detailed descriptions of the inspection and test procedures performed. Documentation shall be provided to COR within 1 week of testing and prior to invoicing.

d. Safety Hazards: The Contractor shall immediately notify the COR and Safety Manager or designee of any recognized safety hazard that might severely affect building occupants.

e. Deficiencies: Devices that cannot be calibrated, tested, or serviced in accordance with the manufacturer’s recommendations shall be reported as a deficiency and reported to the COR before the Contractor leaves the premises.

f. Emergency Service Calls: Defined as any service call that relates to the repair of the system outside of the regular required services. Coverage for emergency service calls is not included in this contract.

g. Damage to Equipment: Any damage to the fire extinguishers and/or kitchen hood suppression system caused by the contractor shall be repaired by the Contractor at no additional cost to the VA Medical Center.

8. PAYMENT

a. Invoices are paid in arrears. Invoices shall include the contract number and purchase order number, item(s) covered (identified by serial numbers and /or equipment ID numbers) by the Preventative Maintenance Interval (PMI) and covered period of service.

NOTE: ANY ADDITIONAL CHARGES CLAIMED MUST BE APPROVED

BY THE CONTRACTING OFFICER BEFORE THE SERVICE IS PROVIDED.

b. There will be no additional charge for time spent at the site (during or after normal hours of coverage) awaiting the arrival of additional workers and/or delivery of parts.

9. CONTRACTOR SPECIAL REQUIREMENTS

a. The contractor, at the contractor’s expense, will obtain all necessary permits, and licenses for performing tests and inspections. These required licenses/certifications shall include all required by NFPA, OSHA, State and Federal Law.

b. The contractor agrees to utilize responsible, capable, certified, employees in the performance of any task associated with this solicitation.

c. If subcontractor(s) are used, the COR must approve them. The contractor shall submit any proposed change in subcontractor(s) to the COR for approval/disapproval.

d. Each respondent to this Statement of Work must have an established business (minimum of 5 years), with an office and full-time staff. The staff must include at least two fully qualified field service technicians, one to perform the services and one who shall serve as a backup.

e. The COR may authenticate the training requirements, request training certificates and/or credentials from the Contractor at any time for any personnel who are servicing or installing any VAMC equipment. The CO, COR, &/or Chief of Engineering reserves the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment w/o proper certification &/or training.

10. ARRIVAL (CHECK-IN/CHECK-OUT) REQUIREMENTS: The Contractor shall be required to report to VA Police office located near the main entrance of building 1 on the 1st floor, to log in and receive an identification badge. This check in/check out is mandatory. The badge must be worn & visible at all times while on VA property. Once the Contractor receives an identification badge, they are to report to the Engineering office located in room B066 to check in with the COR.

11. IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS:

a. The Contractor shall wear visible identification at all times while on the premises of the VAMC.

b. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

c. Smoking is prohibited on VA property.

d. Possession of weapons is prohibited.

e. Enclosed containers, including tool kits, shall be subject to search.

f. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

12. INSURANCE:

a. Worker compensation and employer's liability. Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes.

b. General liability. Contractors are required to have Bodily Injury Liability Insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

c. Property damage liability. Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
20.00
EA
__________________
__________________

Exchange Portable Dry Chemical ABC Fire Extinguishers 5 lb.

(Service per SOW) Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

11.00
EA
__________________
__________________

Portable Dry Chemical ABC Fire Extinguishers 10 lb. (6-year inspection/testing) (Service per SOW) Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

42.00
EA
__________________
__________________

Portable Dry Chemical ABC fire Extinguishers 10 lb. (12-year hydro testing) (Service per SOW) Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #1 Greenheck Hood EE#23820 MDL. GXEW-102.00-S, SN: 15002705 Location B175 Greencheck Control KFCC, SN: 15002706 ANSUL Suppression, Mdl. R-102, SN: 150276 (Service per SOW) Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #2 Greenheck Hood EE#23821 MDL. GXEW-102.00-S, SN: 15002707 Location B186 Greencheck Control KFCC, SN: 15002708 ANSUL Suppression, Mdl. R-102, SN: 253539 (Service per SOW) Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #3 Greenheck Hood EE#23822 MDL. GXEW-102.00-S, SN: 15002709 Location B186 Greencheck Control KFCC, SN: 15002711 ANSUL Suppression, Mdl. R-102, SN: 250335 (Service per SOW) Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #4 Greenheck Hood EE#23823 MDL. GXEW-102.00-S, SN: 15002712 Location B175 Greencheck Control KFCC, SN: 15002713 ANSUL Suppression, Mdl. R-102, SN: 245060 (Service per SOW) Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchenette Hood Suppression Denlar Sys. #5 EE#18973, Mdl. D1036-FE, SN: 2013 Location Bldg. 1116B (Service per SOW) Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchenette Hood Suppression Denlar Sys. #6 EE#23190, Mdl. D1036-FE, SN: 4447 Location Bldg. 4142 (Service per SOW) Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

10.00
EA
__________________
__________________

Exchange Portable Dry Chemical ABC Fire Extinguishers 2.5 lb.

(Service per SOW) Contract Period: Option 1 POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Portable Dry Chemical ABC Fire

(Service per SOW) Contract Period: Option 1 POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

9.00
EA
__________________
__________________

Portable Dry Chemical ABC Fire Extinguishers 10 lb. (12-year hydro testing) (Service per SOW) Contract Period: Option 1 POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #1 Greenheck Hood EE#23820

Greencheck Control KFCC, SN: 15002706 ANSUL Suppression, Mdl. R-102, SN: 150276 (Service per SOW) Contract Period: Option 1 POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #2 Greenheck Hood EE#23821

Greencheck Control KFCC, SN: 15002708 ANSUL Suppression, Mdl. R-102, SN: 253539 (Service per SOW) Contract Period: Option 1 POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #3 Greenheck Hood EE#23822

Greencheck Control KFCC, SN: 15002711 ANSUL Suppression, Mdl. R-102, SN: 250335 (Service per SOW) Contract Period: Option 1 POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #4 Greenheck Hood EE#23823

Greencheck Control KFCC, SN: 15002713 ANSUL Suppression, Mdl. R-102, SN: 245060 (Service per SOW) Contract Period: Option 1 POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchenette Hood Suppression Denlar Sys. #5

Location Bldg. 1116B (Service per SOW) Contract Period: Option 1 POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchenette Hood Suppression Denlar Sys. #6

Location Bldg. 4142 (Service per SOW) Contract Period: Option 1 POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

10.00
EA
__________________
__________________

Exchange Portable Dry Chemical ABC Fire

(Service per SOW) Contract Period: Option 2 POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

2.00
EA
__________________
__________________

Portable Dry Chemical ABC Fire

(Service per SOW) Contract Period: Option 2 POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Portable Dry Chemical ABC Fire Extinguishers

(Service per SOW) Contract Period: Option 2 POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #1 Greenheck Hood EE#23820

Greencheck Control KFCC, SN: 15002706 ANSUL Suppression, Mdl. R-102, SN: 150276 (Service per SOW) Contract Period: Option 2 POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #2 Greenheck Hood EE#23821

Greencheck Control KFCC, SN: 15002708 ANSUL Suppression, Mdl. R-102, SN: 253539 (Service per SOW) Contract Period: Option 2 POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #3 Greenheck Hood EE#23822

Greencheck Control KFCC, SN: 15002711 ANSUL Suppression, Mdl. R-102, SN: 250335 (Service per SOW) Contract Period: Option 2 POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #4 Greenheck Hood EE#23823

Greencheck Control KFCC, SN: 15002713 ANSUL Suppression, Mdl. R-102, SN: 245060 (Service per SOW) Contract Period: Option 2 POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchenette Hood Suppression Denlar Sys. #5

Location Bldg. 1116B (Service per SOW) Contract Period: Option 2 POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchenette Hood Suppression Denlar Sys. #6

Location Bldg. 4142 (Service per SOW) Contract Period: Option 2 POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

10.00
EA
__________________
__________________

Exchange Portable Dry Chemical ABC Fire

(Service per SOW) Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Portable Dry Chemical ABC Fire

(Service per SOW) Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

3.00
EA
__________________
__________________

Portable Dry Chemical ABC Fire Extinguishers

(Service per SOW) Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #1 Greenheck Hood EE#23820

Greencheck Control KFCC, SN: 15002706 ANSUL Suppression, Mdl. R-102, SN: 150276 (Service per SOW) Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #2 Greenheck Hood EE#23821

Greencheck Control KFCC, SN: 15002708 ANSUL Suppression, Mdl. R-102, SN: 253539 (Service per SOW) Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #3 Greenheck Hood EE#23822

Greencheck Control KFCC, SN: 15002711 ANSUL Suppression, Mdl. R-102, SN: 250335 (Service per SOW) Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #4 Greenheck Hood EE#23823

Greencheck Control KFCC, SN: 15002713 ANSUL Suppression, Mdl. R-102, SN: 245060 (Service per SOW) Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchenette Hood Suppression Denlar Sys. #5

Location Bldg. 1116B (Service per SOW) Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchenette Hood Suppression Denlar Sys. #6

Location Bldg. 4142 (Service per SOW) Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

10.00
EA
__________________
__________________

Exchange Portable Dry Chemical ABC Fire

(Service per SOW) Contract Period: Option 4 POP Begin: 06-01-2028 POP End: 05-31-2029

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

33.00
EA
__________________
__________________

Exchange Portable Dry Chemical ABC Fire Extinguishers 5 lb.

(Service per SOW) Contract Period: Option 4 POP Begin: 06-01-2028 POP End: 05-31-2029

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

84.00
EA
__________________
__________________

Portable Dry Chemical ABC Fire Extinguishers 10 lb. (6-year inspection/testing) (Service per SOW) Contract Period: Option 4 POP Begin: 06-01-2028 POP End: 05-31-2029

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

16.00
EA
__________________
__________________

Portable Dry Chemical ABC Fire Extinguishers 10 lb.( 12-year hydro testing) (Service per SOW) Contract Period: Option 4 POP Begin: 06-01-2028 POP End: 05-31-2029

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #1 Greenheck Hood EE#23820

Greencheck Control KFCC, SN: 15002706 ANSUL Suppression, Mdl. R-102, SN: 150276 (Service per SOW) Contract Period: Option 4 POP Begin: 06-01-2028 POP End: 05-31-2029

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #2 Greenheck Hood EE#23821

Greencheck Control KFCC, SN: 15002708 ANSUL Suppression, Mdl. R-102, SN: 253539 (Service per SOW) Contract Period: Option 4 POP Begin: 06-01-2028 POP End: 05-31-2029

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #3 Greenheck Hood EE#23822

Greencheck Control KFCC, SN: 15002711 ANSUL Suppression, Mdl. R-102, SN: 250335 (Service per SOW) Contract Period: Option 4 POP Begin: 06-01-2028 POP End: 05-31-2029

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchen Hood Suppression Sys. #4 Greenheck Hood EE#23823

Greencheck Control KFCC, SN: 15002713 ANSUL Suppression, Mdl. R-102, SN: 245060 (Service per SOW) Contract Period: Option 4 POP Begin: 06-01-2028 POP End: 05-31-2029

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchenette Hood Suppression Denlar Sys. #5

Location Bldg. 1116B (Service per SOW) Contract Period: Option 4 POP Begin: 06-01-2028 POP End: 05-31-2029

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

1.00
EA
__________________
__________________

Kitchenette Hood Suppression Denlar Sys. #6

Location Bldg. 4142 (Service per SOW) Contract Period: Option 4 POP Begin: 06-01-2028 POP End: 05-31-2029

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

GRAND TOTAL
__________________

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…

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