36C25618Q0436-000.docx

FedBizOpps Combined Synopsis/Solicitation Notice

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 S Grounds Maintenance Contract SHREVEPORT LA 70112 36C25618Q0436 03-23-2018 N 561730 Department of Veterans Affairs Southeast Louisiana Veterans HCS 1515 Poydras Street Suite 1100 New Orleans LA 70112 Valarie Labat 504-412-3700 X74163 Department of Veteran Affairs Overton Brooks VA Medical Center 510 E. Stoner Avenue Shreveport, LA 71101

USA

This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in Federal Acquisition Regulation (FAR 12.6) as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation number 36C256-18-Q-0436 is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 dated November 2017. Quotes are due on March 23, 2018, 10:00 a.m., Central local time.

NAICS code is 561730. Size Standard is $7.5M

Solicitation is set aside 100% for Service Disabled Veteran Owned Small Businesses (SDVOSB).

NOTE: All documentation submittal due times are Central local time (New Orleans, Louisiana).

Table of Contents

A.1 CONTRACT ADMINISTRATION DATA

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

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256 Department of Veterans Affairs Southeast Louisiana Veterans HCS 1515 Poydras Street Suite 1100 New Orleans LA 70112

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 PO Box 149971 Austin TX 78714 9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

A.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

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PERFORMANCE WORK STATEMENT (PWS)

For Grounds Maintenance Services At Overton Brooks VA Medical Center Revised 2/5/2018 Part 1 General Information

1. GENERAL:

1.1. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary for Grounds Maintenance in a manner that will maintain healthy grass, trees, shrubs, and plants and present a clean, neat, and professional appearance

1.2. Background: The Overton Brooks VA Medical Center (OBVAMC) is a 40+ acre facility at 510 E. Stoner Avenue, Shreveport, LA 71101. The government has a requirement for a grounds contractor to maintain all shrubs, flower beds, trimming shrub/hedges when necessary, mulch beds, remove weeds, cut lawn as scheduled per Quality Control plan and PWS Performance standards, plant new seasonal bedding flowers, remove dead trees/shrubs/limbs/debris, fertilization of the lawn twice a year, pickup and dispose of fallen leaves, and two pavement sanding after a freezing rain event. Lawn mowing will include all areas within the outer perimeter fencing.

1.3. Objectives: These daily (work week) services are intended to improve and maintain the overall visual impression of the OBVAMC. These professional services will groom the grass, hedges, scrubs, and trees as well as maintain the flower beds by planting seasonal annual plants, weeding, and mulching. The contractor will also clean exterior concrete surfaces to remove dirt, gum, and other foreign matter that detracts from the visual appeal of the facilities entrances. The contractor will pick up trash around the facility including, but not limited to cigarette butts, food wrappers, cups, and plastic containers. The contractor will pick up and dispose of fallen leaves. In the event the facility experiences a freezing rain event, the contractor will sand all pavement surface; contract anticipates up to two sanding's per year.

1.4. Scope:

1.4.1. The contractor shall provide all labor and supervision required to maintain shrubs, flower beds, trimming shrub/hedges when necessary, mulch beds, remove weeds, seeding, cutting the lawn, edging the lawn, removing dead trees/ shrubs/limbs/debris, fertilization of the lawn twice per year, removal of fallen leaves, and sanding the pavement areas twice per year after a freezing ice event.

Lawn cutting and edging will occur weekly unless agreed upon by the facility to bi-weekly cutting. Hedge and shrub trimming will occur based on their natural growth habits. Compensation for skipped cutting and edging will be applied to other grounds projects to be determined by the facility.

1.4.2. Contractor and employees are responsible for the design and installation of all landscaping projects using Northwest Louisiana friendly landscaping and material as directed by the Maintenance and Operations Supervisor.

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1.4.3. Contractor is responsible for ordering chemicals, fertilizer, grass seed, soil, mulch, and other landscaping supplies necessary for the daily landscaping needs of the facility.

1.4.4. The contractor and his staff are responsible for maintenance and operation of all grounds equipment including lawnmowers, weed eaters, front-end loaders, fork-lifts, bucket lifts, scissor lifts, chainsaws, irrigation equipment, and portable watering devices. All hand tools and equipment are provided by the contractor.

1.4.5. The contractor shall keep all roads, walkways, sidewalks, and parking lots clean of all debris.

1.4.8. The contractor may be subject to all weather conditions, hot, cold, wet, etc., and work in a dirty dusty environment.

1.5. General Information

1.5.1. Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Quality Control Program (QCP) will be delivered to the Project COR within 14 calendar days of the contract award. After acceptance of the QCP, the contractor shall receive the contracting officer's representatives acceptance in writing of any proposed change to his QC system.

1.5.2. Quality Assurance: The Government will inspect and evaluate the contractor's performance to ensure services are received in accordance with requirements set forth in this contract. The Contracting Officer's Representative (COR) will be the individual primarily responsible for quality assurance. The COR shall perform surveillance by direct observation, performing weekly or bi-weekly inspections, and investigating customer complaints.

1.5.3. Hours of Operation: The contractor is responsible for providing services, between the hours of 7:00 AM to 3:30 PM Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.4. Place of Performance: The work to be performed under this contract will be performed at 510 E. Stoner Avenue, Shreveport, LA 71101

1.5.5. Security Requirements: Contractor personnel performing work under this contract must have a Non-PIV ID card prior to commencement of work under this contract. Renewal of PIV ID cards are to be performed annually.

1.5.5.1. Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured,

1.5.5.2. Key Control: The contractor shall establish and implement methods of making sure all keys/key cards issued to the contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the contractor by the

Page 1 of Page 1 of Page 1 of Page 1 of Government shall be duplicated. The contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR.

1.5.5.2.1. In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon notification of the COR, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the contractor.

1.5.5.2.2. The contractor shall prohibit the use of Government issued keys/key cards by any persons other than the contractor's employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR.

1.5.5.3, The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor's Quality Control Plan.

1.5.6. Special Qualifications: The contractor shall possess, at a minimum, the following performance qualifications:

1.5.6.1. Maintain certification in Louisiana landscaping by a regionally accredited organization.

1.5.6.2. Possess technical staff qualified by professional education and technical experience to perform the work required by this Performance Work Statement (PWS).

1.5.6.3. Ensure that the contractor and all employees working on-site have taken an OSHA Certified 10-hour construction safety course.

1.5.6.4. Maintain certification required to apply herbicides, as necessary.

1.5.7. Post Award Conference/Periodic Progress Meetings: The contractor shall attend any post award conference convened by the Contracting Officer in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer Representative will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1,5.8 Key Personnel: The contractor shall provide a Project Manager/ Superintendent who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available all day on each day the contractor is on site

1.5.9 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members

Page 1 of Page 1 of Page 1 of Page 1 of of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.5.10 Contractor Travel: Not Applicable

1.5.11 Organizational Conflict of Interest: Contractor and sub-contractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The contractor shall notify the Contracting Officer Representative immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCT. The contractor's mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCT.

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PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide coordination between the contractor and the facility to make sure patient care is not impacted by the performance of this contract.

3.2 Facilities: The Government will provide a staging area for the contractor to store Government provided equipment.

3.3 Utilities: The Government will provide all utilities available at the facility. The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.4 Equipment: The Government will provide all grounds equipment including lawnmowers, weed eaters, front-end loaders, fork-lifts, bucket lifts, scissor lifts, chainsaws, irrigation equipment, and portable watering devices.

3.5 Materials: Not Applicable

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Facility Clearance: The Contractor shall possess and maintain a facility clearance from the Security Service. The Contractor's employees, performing work in support of this contract shall have been granted a security clearance and received a Non-PIV badge from the VA Police.

4.3. Materials: The Contractor shall furnish all chemicals, fertilizer, grass seed, soil, mulch, and other landscaping supplies necessary for the daily landscaping needs of the facility. The Contractor will also supply all materials for three plantings of Annuals at the entrance circle each year. Timing of the three plantings will be coordinated with the facility.

4.4. Equipment: The contractor shall maintain all equipment provided by the Government. All hand tools will be provided by the contractor. The contractor will be liable for any equipment damage beyond normal use, to the limit of replacement due to the damage.

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PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1 Lawn Maintenance Each Visit:

5.1.1 Contractor shall mow all grass areas to a height of 2-1/2-inches.

5.1.2 Contractor shall VERTICAL edge all lawn and pavement intersections such as curbs, sidewalks; and pavement with typical blade edger or line trimmers. The contractor shall vertical edge all lawn and rock/mulch bed intersections. The contractor shall also vertical edge around valve boxes etc. present in the turf. Horizontal edging with line trimmers will not be accepted.

5.1.3 Contractor shall line trim along or around as applicable all items within lawn areas such as but not limited to chain link fence, chain link gates, signage posts, street lights, buildings, trees, sprinkler heads, bollards, rock beds perimeter, and mulch beds perimeter.

5.1.4 Blowing of grass clippings from streets, curbs and sidewalks will be allowed; however, the clippings shall be picked-up and removed and not blown back into mowed lawn areas.

5.1.5 Contractor shall remove trash and any other debris on grass prior to mowing. Remove trash and other debris from flower, shrub and rock/mulch beds and from potted plants/trees. The contractor will remove cigarette butts from the lawn areas, rock beds, shrub beds, sidewalks, parking lots, etc. Contractor will empty cigarette butt canisters at least once a week. Site will be left in a clean manner

5.1.6 Contractor shall hand pull weeds in flower, shrub, tree, rock/mulch beds and potted plants/trees. Contractor shall hand pull or line trim weeds in concrete and asphaltic paving areas and cracks. The use of weed killer is not allowed, nor will it be applied in bedded areas. Herbicide will be applied to the fitness trail as needed, with a minimum application of once every three months.

5.2 Intermittent Lawn Maintenance:

5.2.1 Contractor shall prune all trees, hedges, shrubs, bushes, and other cultivated plants according to their natural growth habit for proper health and attractive appearance, and to prevent interference (prune below 6' or as required) with pedestrian and vehicular traffic. Shrubs that are clearly outside of the normal growth pattern shall be pruned regardless of flowering stage.

5.2.2 Contractor shall make regular inspections and remove diseased, broken, and dead branches as needed. The contractor shall immediately notify the COR if disease is running rampant in the lawn (grass), trees, plants, shrubs, etc., and will also notify the COR of evidence of ants or other pests. The contractor shall notify the COR if large amounts of weeds become noticeable in the grass. The Government is responsible for treating the grass for weeds, for treating the shrubs, trees, plants, etc., for disease, and for entomology issues.

5.2.3 The contractor shall avoid pruning shrubs during the flowering stage or thirty days prior to the onset of normal cold winter weather conditions, unless clearly outside the normal growth pattern.

5.2.4 Shrub and hedge pruning shall be maintained on a regular basis according to the Projected Annual Maintenance Schedule prepared by the contractor. The personnel used on this operation shall be trained to take care not to damage the root systems or plants.

5.2.5 Contractor shall trim hedge shrubs and remove clippings as needed throughout the year. 5.2.6 Contractor shall remove all clippings from the work site and dispose of properly.

5.2.7 Contractor shall remove as required all tree, hedge, shrub and bush roots that grow and appear above grade, after determination by the contractor that removal will not damage the applicable cultivated plant. If

Page 1 of Page 1 of Page 1 of Page 1 of removal will damage/kill/alter the health of the cultivated plant, contractor shall propose and implement an alternative for the root removal, such as filling, re-grading, and re-sodding.

5.2.8 Annuals will be planted three times a year based on a design prepared by the contractor and approved by the facility.

5.2.9. Contractor shall notify the COR of any dead or diseased trees. The contractor shall remove these trees to ground level. Trunk (below grade) and root removal is not required. Cost for these removals will be negotiated for each tree removal.

5.3 Rock and Mulch Beds. Any existing deleterious mulch or rock type bed fill displaced into pavement or sidewalk areas from rain, foot traffic, or other shall be placed back into beds ON EACH VISIT.

5.4 Restoration: Ruts in lawn areas created by the contractor (e.g. by lawn mowers, vehicles, etc.) shall be repaired, filled, and SODDED to match existing as required. (Seeding will not be accepted). Any other site or building damage because of contractor operations shall be restored to "match existing" condition at the Contractor's expense.

A.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Period: Base POP Begin: 04-02-2018 POP End: 09-30-2018

Contract Period: Option 1 POP Begin: 10-01-2018 POP End: 09-30-2019

Contract Period: Option 2 POP Begin: 10-01-2019 POP End: 09-30-2020

Contract Period: Option 3 POP Begin: 10-01-2020 POP End: 09-30-2021

Contract Period: Option 4 POP Begin: 10-01-2021 POP End: 09-30-2022

A.5 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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 ITEMS 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:

A.6 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

A.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of Clause)

A.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

A.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause) A.10 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)

(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.

(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.

(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(End of Clause) A.11 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which…