36C25524Q0407 7.18.24 Edited.docx

36C25524Q0407

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

06-18-2024 Socha, Mark mark.socha@va.gov 913-946-1992 06-28-2024 15:30

CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

X

334519 600 Employees

N/A

Eastern Kansas VAMC 2200 W. Gage Blvd

Topeka KS 66622 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX 877-353-9791 512-460-5429

See CONTINUATION Page Radiation Dosimetry Badges for VA Eastern Kansas (Topeka and Leavenworth)

1. Contractor to supply Dosimetry Radiation Badges for employees who are occupationally exposed to ionizing radiation from material and/or machine sources of ionizing radiation.

2. The Government intends to award a single award Indefinite Delivery Indefinite Quantity (IDIQ) contract consisting of five, 12 month ordering periods.

Period of Performance (POP): 07/18/2024 - 07/17/2029

This procurement is being competed in accordance with FAR Part 13 Simplified Acquisition Procedures.

Failure to provide all documents outlined in the SOW will result in the offeror being determined non-responsive

See CONTINUATION Page x

Parrott, Stephen Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

Attn: Stephen Parrott

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin, TX

B.2 Statement of Work

Statement of Work Occupational Dosimetry Badge Contract VA Eastern Kansas

BACKGROUND REQUIREMENT

VHA Directive 1129 and VHA Directive 1105 require monitoring of occupational radiation exposure to ensure compliance with applicable US Nuclear Regulatory Commission (USNRC) and Occupational Safety and Health Administration (OSHA) regulations. Maintaining a radiation dosimetry program requires a dosimetry services vendor accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) of National Institute of Standards and Technology (NIST) for the radiation types. The Contractor shall provide an occupational dosimetry service which includes: (1) providing radiation dosimeters for measuring occupational radiation dose from medical x-rays and radioactive material, (2) receiving and processing dosimeters to determining occupational radiation dose, and (3) providing regulatorily-mandated reports.

INTRODUCTION

VA Eastern Kansas is requesting badges and services based on the following Statement of Work (SOW) which provides the specifications for a vendor contract to provide radiation dosimetry badges on a per order basis for VA Eastern Kansas and its employees who are occupationally exposed to ionizing radiation from radioactive material and/or machine sources of ionizing radiation.

The Contractor shall perform the consequent reading of the badges provided that are sent back to them (or digitally read) by the facility to determine amount of radiation exposure for each badge. The contractor shall read and report the resulting level attained for each badge, by badge number and employee name/identifier within 10 days of the receipt of the worn badges.

CONTRACTOR REQUIREMENTS

The Contractor shall be certified by the National Voluntary Laboratory Accreditation Program (NVLAP) and their dosimeter badges shall meet industry standards. Single badge (collar) Effective Dose Equivalent (EDE) calculations per US NRC Regulatory Guide 8.40, Methods for Measuring Effective Dose Equivalent from External Exposure.

Badges to be provided shall measure and record the following:

Maximum range of reported dose for the various energy ranges concerned, primarily:

· Less than 100 keV photons

· 100 keV through 250 keV photons

· Isotopes greater than 250 keV up to and including Cs-137 and Co-60

· Beta radiation

PASSIVE RADIATION BADGES

These are to include the following types of badges:

· Whole body dosimeter badges – (Radioactive material account 3 badge series, X-ray Account 11 badge series) (x-ray, gamma ray, beta, neutron)

· Finger ring dosimeter badges - (x-ray, gamma ray, beta)

· Fetal monitor badges - whole body dosimeters assigned to declared pregnant workers for monitoring their fetal dose.

· Lens of Eye (x-ray, gamma ray, beta)

· Area monitor Badges - used for room monitors (non-occupational) (x-ray, gamma ray, beta, neutron)

· Control Badges - for background radiation subtraction and quality control.

All dosimeters shall be composed of either a thermoluminescent material (TL) or an optically stimulated luminescent material (OSL). The whole-body dosimeters used to detect x-ray and gamma radiation must be capable of dose measurement as low as one (1) mrem.

ACTIVE RADIATION BADGES

The Contractor shall offer a solid-state dosimeter with Bluetooth technology for near real-time dose monitoring. Solid-state dosimeters shall be NAVLAP accredited. The Bluetooth connection will be made to contractor-provided hot spots and other devices with no connection to the VA Information Network.

Solid-state badges shall be configured to automatically transmit dose to a hotspot installed within the VAMC but not connected to the VA Information Network. Occupational dose will be accessible using a non-VA network connected smart phone application (e.g., Apple iPhone).

DOSE SUMMARY REPORTS

Contractor shall provide reading of passive dosimetry badges within 10 days of the receipt of the worn badges which shall have been shipped by the VA. The report shall be in one of the following formats:

· A written summary transmitted via e-mail or other electronic means to the established VA contact(s).

· Posted results on an electronic forum, such as a secure web site, that is not connected in any way to the VA Information network and to which the VA Radiology Staff has established access for the entire term of the contract.

Two hard copy dose summary reports for each badge series shall be mailed to the RSO each monitoring period. One report shall omit sensitive employee information including social security number, and birth date.

Dose summary reports shall include wear period and the following for each badged worker.

· Worker’s name and badge type

· Deep dose equivalent, skin, & eye dose for the wear period, quarter & year

· Extremity dose if finger rings are issued

Dose summary reports should be received by the RSO within 20 days after the vender receives badges from the VA.

Contractor shall perform Quality Control (QC) on badges including:

· Subtracting background radiation measured on control badges

· Distinct flag on dose summary reports for irregular exposure or damaged dosimeters

Pregnant worker dose summary reports (two reports) shall report the fetal dose and be mailed to the RSO on separate reports for each badged pregnant worker.

Annual occupational dose reports – Contractor shall mail 2 printed annual dose reports (i.e., US NRC Form 5 or equivalent) for each monitored worker per US NRC Regulatory Guide, 8.7, “Instructions for Recording and Reporting Occupational Radiation Dose Data.” Reports shall be received by the RSO within 30 days of the end of each consecutive 12-month period of the BPA order.

The Contractor shall expedite processing of radiation dosimeters when requested by the RSO. This processing shall be completed upon receiving badges. The RSO or designee shall be notified of the results by telephone or email within 48 hours of the vender receiving the badges.

The Contractor shall notify the facility RSO, and any other VA designee shall by telephone or email of all readings above the notification levels set by the RSO.

The Contractor shall clearly list procedures for the following:

· Adding new personnel.

· Deleting personnel.

· Transfer of personnel to different subaccount.

· Assigning a spare dosimeter.

· Ordering dosimeters for newly enrolled personnel to arrive before next dosimeter exchange.

· Assigning a fetal dosimeter.

· Administratively assigning dose in the event a dosimeter is not returned or damaged.

· Retrieval of historical dosimetry data on an account, a subaccount, or an individual basis.

The Contractor shall maintain permanent occupational dose records for monitored workers and provide dose reports as specified by US NRC Regulatory Guide 8.34, Monitoring Criteria and Methods to Calculate Occupational Radiation Doses.

BADGE SHIPMENTS

Dosimeters shall be received from the Contractor by the RSO before the 20th calendar day of the month prior to the month those badges will be used for monitoring. Wear period is for each calendar month, and badges are exchanged on the first day of the month.

Expedited order dosimeter(s) shall be shipped next day delivery and received by the RSO within 2 working days.

Radiation dosimeters shall be shipped to the RSO in presorted envelopes labeled for each series.

Shipments shall include printed packing list for each account and badge series. The packing list shall include the wear period, each badged worker’s name and badge type.

In the event a dosimeter is required for a new employee, the radiation dosimeter shall be shipped for delivery within five business days of receipt of request.

INVOICES

Contractor shall invoice in arrears and shall reference the appropriate Purchase Order number when submitting the invoices in Tungsten/OB-10. All invoice pricing shall be in accordance with the appropriate referenced LIN of the BPA. The VA shall pay correctly submitted invoices IAW the Prompt Payment Act of 1982. Invoices that do not provide the following information shall not be considered correctly submitted and shall be returned for correction:

· Name and address of Contractor

· Facility’s name and address where supply was delivered

· Invoice date

· Contract number and Purchase Order (PO) number

· Contract Line-Item Number (LIN)

· Description, quantity, unit of measure, unit price and total price of item(s) ordered

· Name and address of authorized official to whom payment is to be sent

· Name, title, phone number, email of person to be notified if invoice is defective

ADDITIONAL CONTRACTOR RESPONSIBILITIES

Dosimeters shall be color coded to identify the wear period and have distinct markings to aid in proper wear positioning. Dosimeter colors shall alternate monthly with each wear period.

Finger rings should come in at least three sizes, have a durable/waterproof label and be capable of withstanding cold sterilization. The ring badges shall be color coded for alternate months.

Body badges shall be durable, waterproof and labeled with the badge series, badge type, worker name and wear period.

Customer Service Representatives (CSR) shall be accessible via telephone during regular working hours and ensure responses to RSO inquiries within 24 hours. CSR shall assist with questions regarding the following:

· Adding new personnel.

· Deleting personnel.

· Transfer of personnel to different subaccount.

· Assigning a spare dosimeter.

· Ordering dosimeters for newly enrolled personnel to arrive before next dosimeter exchange.

· Assigning a fetal dosimeter.

· Administratively assigning dose in the event a dosimeter is not returned or damaged.

· Retrieval of historical dosimetry data on an account, a subaccount, or an individual basis.

VA RESPONSIBILITIES

The Facility RSO or designee shall provide a complete listing of all employees to be monitored and what type(s) of badges each one requires.

The VA RSO or designee shall place the order for the correct number and type of Radiation Dosimetry Badges with the contractor by the 10th of each month, starting in the month prior to the first month of monitoring on the contract, to allow the Contractor adequate time to get the order delivered by the 20th of the month prior to the first month of monitoring on the contract. The order shall contain the following information on employees to be monitored:

· Employee Name

· Location/Department in which she/he works

· Types of badges worn for the period

· RSO/Point of Contact designee

EVALUATION FACTORS

Factor 1: Technical Capability Sub-factor A: Ability to provide current badge type, with virtual access to exposure readings.

Sub-factor B: Management Capabilities Sub-factor C: Past Performance Factor 2: Price Factor 3: Ability to provide problem resolution and direct access to the distributor.

REFERENCES

US NRC Reg. Guide 8.34, Monitoring Criteria and Methods to Calculate Occupational Radiation Doses US NRC Reg. Guide 8.40, Methods for Measuring Effective Dose Equivalent from External Exposure US NRC Reg. Guide 8.7, Instructions for Recording and Reporting Occupational Exposure Data

CURRENT BADGE COUNT:

Contract Administration Data

All contract administration functions will be retained by the Department of Veterans Affairs.

The Contracting Officer will be 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 will be authorized to make commitments or issue changes that 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 unauthorized and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Contracting Officer’s Representative

Pursuant to VAAR Provision 852.270-1, Representatives of Contracting Officer, the designated representative for this contract will be determined at award.

Acronyms and Definitions

CDR: Contract Discrepancy Report. Report issued by the Government to the contractor to document a supply or service found to be unacceptable during contract performance.

CLIN: Contract Line-Item Number. Unit of work (or service) to be performed (or delivered) by the contractor as a pay item.

CO: Contracting Officer. A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

COR: Contracting Officer’s Representative. An individual, including a Contracting Officer’s Representative (COR), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

QA: Quality Assurance. Actions taken by the government to assure contracted services meet PWS requirements.

Personnel

Non-Personal Services

This is a non-personal services contract. Personnel rendering services under this contract are not subject either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. The Government shall not exercise any supervision or control over the contract service s performing services herein. Such contract service s shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

Contractor Compliance with the Immigration and Nationality Act of 1952

The Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals.

Hours of Operations

Business hours for the VAMC follow:

a. Administrative hours: Monday through Friday, 8:00 a.m. - 4:30 p.m.

b. National Holidays: The 10 holidays observed by the Federal Government are:

New Year’s Day;

Martin Luther King’s Birthday;

Presidents Day;

Memorial Day;

Juneteenth Independence Day Independence Day;

Labor Day;

Columbus Day;

Veterans Day;

Thanksgiving;

Christmas; and any other day specifically declared by the President of the United States to be a national holiday.

(c.) Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m.; Monday through Thursday, 4:30 pm – 8:00 am.

Quality Control

CONTRACT PERFORMANCE MONITORING. The COR may perform surveillance of services by any of the methods listed below:

a. Observing actual performance;

b. Inspecting the services to determine whether or not the performance meets the performance standards; and

c. Review of any other appropriate records.

(1) When unacceptable performance occurs, the COR shall inform the Contractor and the Contracting Officer. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.

When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor program manager. The Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to present this corrective action plan to the COR. The Government shall review the Contractor corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the Contracting Officer.

(2) Pursuant to VAAR Provision 852.270-1, Representatives of Contracting Officer representative(s); The Government shall periodically evaluate the Contractor performance by appointing a Contracting Officers Representative (COR) to monitor performance to ensure services are received. The Government representative(s) shall evaluate the Contractor performance through inspections of observations, inspection of services or any other form of documentation and all complaints from VA personnel. The Government may inspect as each task is completed or increase the number of quality assurance inspections if deemed appropriate because of repeated failures or because of repeated customer complaints. Likewise, the Government may decrease the number of quality assurance inspections if performance dictates. The Government Contracting Officer shall make final determination of the validity of customer complaint(s).

(3) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may –

(4) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements at no additional cost to the Government.

Contract Security “The C&A requirements do not apply and a Security Accreditation Package is not required”.

END OF SOW

B.3 PRICE/COST SCHEDULE

Ordering Period 1: July 18, 2024 to July 17, 2025

Extremity Dosimeter Lens of Eye Dosimeter Area Monitor/Environmental Dosimeter

Unreturned/Lost/Damaged Dosimeter Online access to license to publish results

Emergency processing/analysis fee/per dosimeter Additional reports other than required by statute

Lease of Blue Tooth for real time monitoring

ORDERING PERIOD 1 TOTAL COST $______________________

Ordering Period 2: July 18, 2025 to July 17, 2026

Extremity Dosimeter Lens of Eye Dosimeter Area Monitor/Environmental Dosimeter

Unreturned/Lost/Damaged Dosimeter Online access to license to publish results

Emergency processing/analysis fee/per dosimeter Additional reports other than required by statute

Lease of Blue Tooth for real time monitoring

ORDERING PERIOD 2 TOTAL COST $______________________

Ordering Period 3: July 18, 2026 to July 17, 2027

Extremity Dosimeter Lens of Eye Dosimeter Area Monitor/Environmental Dosimeter

Unreturned/Lost/Damaged Dosimeter Online access to license to publish results

Emergency processing/analysis fee/per dosimeter Additional reports other than required by statute

Lease of Blue Tooth for real time monitoring

ORDERING PERIOD 3 TOTAL COST $______________________

Ordering Period 4: July 18, 2027 to July 17, 2028

Extremity Dosimeter Lens of Eye Dosimeter Area Monitor/Environmental Dosimeter

Unreturned/Lost/Damaged Dosimeter Online access to license to publish results

Emergency processing/analysis fee/per dosimeter Additional reports other than required by statute

Lease of Blue Tooth for real time monitoring

ORDERING PERIOD 4 TOTAL COST $______________________

Ordering Period 5: July 18, 2028 to July 17, 2029

Extremity Dosimeter Lens of Eye Dosimeter Area Monitor/Environmental Dosimeter

Unreturned/Lost/Damaged Dosimeter Online access to license to publish results

Emergency processing/analysis fee/per dosimeter Additional reports other than required by statute

Lease of Blue Tooth for real time monitoring

ORDERING PERIOD 5 TOTAL COST $______________________

ALL ORDERING PERIODS $________________________

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SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from July 18, 2024 through July 17, 2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than NA, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of NA;

(2) Any order for a combination of items in excess of NA; or

(3) A series of orders from the same ordering office within NA days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within NA days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after July 17, 2029.

(End of Clause)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of each period..

(End of Clause) C.7 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS—ORDERS OR BPAS (NOV 2022)

(a) In an effort to increase contracting opportunities for Veterans, depending on the evaluation factors included in the solicitation, VA will evaluate responses received based on the schedule Contractor’s VIP-verified service-disabled veteran-owned small business/veteran-owned small business (SDVOSB/VOSB) status; and/or their proposed use of VIP-listed SDVOSB/VOSB as subcontractors or teaming partners.

(b) To receive credit under this clause a contractor or subcontractor must be listed, at time of submission of offer/quotes and at time of award, as an eligible SDVOSB/VOSB in the Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/.

(c) A VIP-listed SDVOSB schedule holder will receive full credit, and a VIP-listed VOSB schedule holder will receive partial credit for the SDVOSB/VOSB status evaluation factor.

(d) Offerors other than SDVOSBs or VOSBs proposing to use VIP-listed SDVOSBs/VOSBs as subcontractors/teaming partners, will receive some consideration under this evaluation factor. To receive consideration, offerors must provide in their proposals:

(1) The name(s) and contact information of the VIP-listed SDVOSB(s)/VOSB(s) with whom they intend to team or subcontract.

(2) A brief description of the proposed team or subcontractor(s) arrangement.

(3) The approximate dollar value of the proposed teaming arrangements or subcontract(s).

(4) Evidence of teaming partner/ subcontractor’s VIP database registration and verification.

(e) Pursuant to…