36C25620Q0022-001.pdf

36C25620Q0022

Table of Contents

SECTION B – PRICE/COST SCHEDULE AND STATEMENT OF WORK

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE

(JUL 2018)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT

2018)

SECTION B – PRICE/COST SCHEDULE AND STATEMENT OF WORK

B.1 CONTRACT ADMINISTRATION DATA

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 1555 Poydras Street New Orleans LA 70112

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon completion; Services shall be invoiced

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:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2.00 JB __________________ __________________

Semi Annual Visit

Contract Period: Base POP Begin: 11-01-2019 POP End: 10-31-2020

1.00 JB __________________ __________________

Annual Visit

Contract Period: Base

120.00 HR __________________ __________________

Additional Inspection

Contract Period: Base

Contract Period: Option 1 POP Begin: 11-01-2020 POP End: 10-31-2021

Contract Period: Option 1

Contract Period: Option 1

Contract Period: Option 2 POP Begin: 11-01-2021 POP End: 10-31-2022

Contract Period: Option 2

Contract Period: Option 2

Contract Period: Option 3 POP Begin: 11-01-2022 POP End: 10-31-2023

Contract Period: Option 3

Contract Period: Option 3

Contract Period: Option 4 POP Begin: 11-01-2023 POP End: 10-31-2024

Contract Period: Option 4

Contract Period: Option 4

GRAND TOTAL __________________

STATEMENT OF WORK

Inspection & Certification of Biological Safety Cabinets, Laboratory Fume Hoods & Pharmacy Clean Rooms

Southeast Louisiana Veterans Health Care System New Orleans, LA

1. PURPOSE

1.1 This requirement is for procuring services for testing and certification of specialized room ventilation systems, chemical fume hoods, Laminar Flow Workstations (LFWs) and Biological Safety Cabinets (BSCs) to provide a safe environment for laboratory personnel at multiple locations. Contractor shall test and certify laboratory equipment, sterile processing areas, and pharmacy clean rooms. Locations include: New Orleans VA Medical Center, 2400 Canal Street, Baton Rouge VA Outpatient Clinic (North), 7968 Essen Park Ave. Baton Rouge, LA, and Baton Rouge VA Outpatient Clinic (South) 7850 Anselmo Lane.

2. SCOPE

2.1 Contractor shall furnish service as specified below to ensure that the equipment functions in accordance with:

• NCI Specification “General Purpose, Clean Air, Biological Safety Cabinet, revised August 19, 1975”,

• NIH specification NIH-03-11ZC dated Sept 17, 1974;

• National Sanitation Foundation-Class II, (Laminar Flow) Biohazard Cabinetry-

Standard Number 49 [NSF 49];

• Federal Standard No. 209E-April 24, 1973, “Clean Room And Work Station

Requirements, Controlled Environment”;

• SAMA Standard LF10-1980 Laboratory Fume Hoods and USP 797.

• CETA Certification Guide for Sterile Compounding Facilities CAG-003-2006

2.2 Furnish all labor, equipment, tools, materials, and travel necessary to test, certify and measure Government – owned Biological Safety Cabinets (BSCs), Laminar Flow Work Stations (LFWs), Pharmacy clean rooms, SPS areas and adjacent hallways. Furnish all labor, equipment, tools, materials, Equipment is identified on the attached spreadsheet. Pharmacy cleanrooms and pharmacy equipment will be tested/certified semi-annually beginning June 2020. Pathology & Laboratory and Medical Research equipment will be tested/certified annually beginning January 2020. Sterile Processing Services certification shall be completed by July 2020. All subsequent certifications and maintenance scheduled shall be on the anniversary of the certification and maintenance of the previous period of performance.

2.3 Equipment and locations are identified on the Schedule of Items.

2.4 The annual/semi-annual certifications shall be performed in sufficient time to ensure that none shall lapse (contractor will schedule testing that builds in time for repairs should that be necessary to insure certifications never lapse).

2.5 The Contractor shall provide certification reports upon completion of semi-annual and annual testing/certification. Report will include training/certifications of technicians performing the work and calibration certificates of the equipment used during the testing/certification.

2.6 Contractor will immediately notify COR in writing (letter) or by email, in the event any/all regulatory guidance governing the certifications of any subject equipment changes. Written advisement will include any issues which will impact testing/certification. Contractor will also advise SLVHCS COR of recommendations to resolve any issues related to the regulatory changes.

2.7 When testing/servicing/certifying equipment, the Contractor will provide on-site consultation to SLVHCS staff (answer questions, make recommendations to maintain at optimum level) that use the Pharmacy cleanroom, the biosafety cabinets, and the laminar flow workstations.

Technicians knowledgeable about certification requirements will converse with staff/COR to inform them of recommended adjustments to behaviors used in daily use, cleaning of area, maintenance of equipment, and any structural/HVAC/electrical/engineering issues related to the equipment or rooms encompassing equipment. Technicians will brief COR of any issues/questions raised by staff upon checking out post-certification.

2.8 All of the following information should be included in the report for clean room certification.

Room number and/or location, Room type (e.g. oncology prep room), Date of testing, Date of next required certification, Standards used to test room, Room sketch, Total room area and volume , Room humidity and temperature, Air changes per hour, Pressure differential, Non-viable particle counts, and viable particle count analysis. Pass/Fail notifications should be included on a per test basis where applicable.

3. CERTIFICATION AND TESTING REQUIREMENTS

3.1 Biological Safety Cabinets (BSC): The Pharmacy biosafety cabinet shall be certified semi-annually. All other Biosafety cabinets will be certified annually. Certification shall consist of the following:

• Down flow velocity test

• Inflow velocity test

• Airflow smoke pattern test

• HEPA filter leak test

• Alarm function test

• Blower interlock test (Class II, type B cabinets)

• Electrical leakage on the main cabinet (those that aren’t UL listed)

• Ground Fault Circuit Interrupter (GFCI) outlet trip test.

• A visual inspection to identify defects, damage, misuse or missing parts

• Documentation of the certification and inspection results

• A decal or label affixed to the cabinet in a visible location that indicates the results and date of the certification

• Posting an “Out of Service” sign on cabinets that fail certification;

• Notifying the cabinet user and the COR of cabinets that fail certification.

3.2 Laminar Airflow Workstations (LAFW): All LAFWs will be certified annually. Certification shall consist of the following:

• Measurement of sash face velocity according to the current version of ASHRAE 110.

• Comparison of the sash face velocity to the current ACGIH recommendation.

• Airflow smoke pattern test.

• GFCI outlet trip test.

• A visual inspection to identify defects, damage, misuse or missing parts;

• Documentation of the certification and inspection results (e.g., a decal or label affixed in a visible location that indicates the sash certification height, the face velocity and the date of certification).

• Posting an “Out of Service” sign on lab fume hoods that fail certification.

• Notifying the lab fume hood user and the COR of lab fume hoods that fail certification.

3.3 Pharmacy Cleanroom(s) Testing and Certification: Testing and certification (under CAG-003-

2006-11 and to SUO

797 Standards and 800 Hazardous Drugs—Handling in Healthcare Settings.) of the Pharmacy: Ante Room, Hazardous Buffer (IV) Room and Non-Hazardous Buffer (Chemo) Room as well as viable air and surface sampling for mold and bacteria will be semi-annually. Certification and testing shall consist of the following:

• Test and validate the number of air changes per hour (ACH) through the rooms Heating Ventilation and Air Conditioning (HVAC) equipment and exhaust hood.

• Pressure Requirements: The contractor shall include in their report differential pressure reading from each buffer/ante room to all surrounding areas

• Non-viable Particle Testing: The contractor shall perform environmental nonviable particle testing semiannually • Test and validate that the hood and room exhaust provide a unidirectional/laminar flow of air.

• Inspect HVAC filter assembly for air bypass issues.

• Test and calibrate the existing air balancing monitors (Chemo and Ante Rooms).

• Take viable air samples for mold and bacteria. Colony forming units (CFU) results from the cultures shall be calculated in cfu per cubic meter (m3) of air.

• Take viable surface samples for bacteria

3.4 Fume Hood: The Contractor shall test the face velocity of each fume hood and establish the safe working sash height in accordance with the recommendations set by the ACGIH. The report shall include the size of the sampled grid used to obtain the overall average face velocity. Both individual grid readings shall be recorded as well as the overall average. A visible smoke test shall also be performed to ensure adequate draw of air into the hood and that no room air currents disrupt the flow of air into the hood or create cross drafts which could result in gases escaping out the face of the hood.

3.5 Grossing Stations: These are exhaust units with no HEPA filtration in the system. Tested to manufacturer and specifications. Testing to include inflow (FPM/CFM), smoke inflow, smoke clearance time, inspection of installation and use, and ground polarity check.

3.6 Sterile Processing Testing:

• Test and validate the number of air changes per hour (ACH) through the rooms Heating Ventilation and Air Conditioning (HVAC) equipment and exhaust hood.

• Pressure Requirements: The contractor shall include in their report differential pressure reading from each buffer/ante room to all surrounding areas

CLIN Description/Part Number* (Base Year) Unit Qty

0001 SEMI-ANNUAL VISIT ----- ---

0001AA

SEMI-ANNUAL BIOLOGICAL SAFETY CABINET CERTIFICATION, TOTAL QTY 4 EA CABINETS,

LOCATION: PHARMACY NEW

ORLEANS VA (IV ROOM AND CHEMO), ROOM NUMBERS: 4D121E (Qty 2), 4D121F (Qty 2)

(SEE 3.1 OF SOW)

JB 8

0001AB

SEMI-ANNUAL PHARMACY VIABLE AIR SAMPLING (IV-ROOM), (CHEMO), (CHEMO ANTE

ROOM), TOTAL OF 7, LOCATION:

NEW ORLEANS VA, ROOM NUMBERS: 4D121D (Qty 3), 4D121E (Qty 3), 4D121F (Qty 1) (SEE

3.3 OF SOW)

JB 14

0001AC

SEMI-ANNUAL PHARMACY VIABLE SURFACE SAMPLING (IV-ROOM), (CHEMO), (CHEMO ANTE

ROOM), TOTAL OF 7,

LOCATION: NEW ORLEANS VA, ROOM NUMBERS: 4D121D (Qty 3), 4D121E (Qty 3), 4D121F (Qty 1) (SEE 3.3 OF SOW)

• Take viable surface samples for bacteria AND MOLD (1 each in LFWs, BSC, Pass Thru, Ante, Chemo and IV Room. (Total of 7: Locations: 4 BSCs, Ante Room, Chemo Room, IV Room).

JB 14

0001AD

SEMI-ANNUAL CLEANROOM CERTIFICATION, TOTAL OF 3 ROOMS, LOCATION: NEW ORLEANS

VA, ROOM NUMBERS: 4D221F, 4D221E, 4D221 (SEE 3.3 OF SOW) JB 6

0001AE

HEPA Filters leak tested in accordance with IEST and USP<797> standards. 16 Filters located at the air handling unit. JB 32

0002 ANNUAL VISIT ----- ---

0002AA

ANNUAL CUSTOM FUME HOOD CERTIFICATION, TOTAL QTY 1 EA FUME HOOD, LOCATION:

BATON ROUGE SOUTH CLINIC, ROOM NUMBER: 51 - PROSTHETICS (SEE 3.4 OF SOW) JB 1

0002AB

ANNUAL CUSTOM FUME HOOD CERTIFICATION, TOTAL QTY 3 EA FUME HOODS, LOCATION:

BATON ROUGE NORTH CLINIC, ROOM NUMBER: 143 - DENTAL (SEE 3.4 OF SOW) JB 3

0002AC

ANNUAL CUSTOM FUME HOOD CERTIFICATION, TOTAL QTY 1 EA FUME HOOD, LOCATION:

BATON ROUGE SOUTH CLINIC:

76 - PATH AND LAB (SEE 3.4 OF SOW)

JB 1

0002AD

ANNUAL CUSTOM SAFETY CABINET CERTIFICATION, TOTAL QTY 27 EA FUME HOOD,

LOCATION: NEW ORLEANS VA, RESEARCH BUILDING:

4P313A, 4P320B, 2P135B, 2P139, 2P141, 2P145, 2P147, 2P151, 2P153C, 2P155, 2P157, 3P135B, 3P139, 3P141, 3P145, 3P147, 3P153, 3P155B, 3P155C, 3P157, 3P167, 3P167, 4P321, 4P322, 4P333, 2P153D, 2P153B (SEE 3.1 OF SOW)

JB 27

0002AE

ANNUAL CUSTOM FUME HOOD CERTIFICATION, TOTAL QTY 6 EA FUME HOOD, LOCATION:

NEW ORLEANS VA:

4E122, 4E122A,4E123, 1D163, 4J455A, 4F123B (SEE 3.4 OF SOW)

JB 6

0002AF

ANNUAL CUSTOM FUME HOOD CERTIFICATION, TOTAL QTY 21 EA FUME HOOD, LOCATION:

NEW ORLEANS VA, RESEARCH BUILDING:

3P171, 2P153b, 4P321, 4P322, 4P329, 4P333, 2P138B, 2P142B, 2P148B, 2P152B, 2P162B,2P168B, 3P138, 3P142B, 3P148B,3P152B, 3P162B, 3P168B, 3P151, 4P189, 3P165 (SEE

3.4 OF SOW)

JB 21

0002AG

ANNUAL CERTIFICATION OF LAMINAR WORKSTATIONS, TOTAL QTY 24 EA, LOCATION:

RESEARCH NEW ORLEANS VA, ROOM NUMBERS: 2P138B, 2P142B, 2P148B, 2P152B,

2P162B, 2P168B, 3P138, 3P142B, 3P148B, 3P152B, 3P162B, 3P168B, 2P138,2P142, 2P148, 2P152, 2P162, 2P168, 3P138, 3P142, 3P148, 3P152, 3P162, 3P168 (SEE 3.2 OF SOW)

JB 24

0002AH

ANNUAL BIOLOGICAL SAFETY CABINET CERTIFICATION, TOTAL QTY 7 EA CABINETS,

LOCATION: NEW ORLEANS VA,

ROOM NUMBERS: 4E122, 4F122C (QTY 2), 4F123 (QTY 2), 4F123C, 4F139A (SEE 3.1 OF SOW)

JB 7

0002AI

ANNUAL CHEMICAL FUME HOOD CERTIFICATION, TOTAL QTY 1 EA WORKSTATION, LOCATION:

NEW ORLEANS VA, ROOM NUMBER: 2G221 (SEE 3.2 OF SOW)

JB 1

0002AJ

ANNUAL STERILE PROCESSING AIR EXCHANGE/DIFFERENTIAL PRESSURE TESTING, TOTAL QTY

13 EA ROOMS, LOCATION:

NEW ORLEANS VA, ROOM NUMBERS: 4D221, 4D221B, 4D222, 4D203, 4D203A, 4D203B,

4D203C, 4D203D, 4D203E, 4D221A, 4D221.A2, 4D221C, 4D201, approximately 6 adjacent spaces

JB 13

0002AK

ANNUAL CUSTOM FUME HOOD/GROSSING STATION CERTIFICATION, TOTAL QTY 4 UNITS,

LOCATION: NEW ORLEANS VA, ROOM NUMBER: 4F139(2), 4F133, 4F133A (SEE 3.5 OF SOW) JB 4

0002AL

ADDITIONAL RECERTIFICATIONS FOR ANY SPACES NOTED (to be utilized only if recertification is required. Funds will be de-obligated if not needed or used). Hours will be billed for technician rate for

HR 120

4. PERSONNEL ACCREDITATION REQUIREMENTS

4.1 Contractor services personnel must be NSF accredited.

5. PERIOD OF PERFORMANCE AND WORK HOURS

5.1 The period of performance shall be November 1, 2019 – October 31, 2020 (base year) with four (4) one-year option periods.

5.2 The Contractor (or Representative) shall contact the COR, Contracting Officer’s Representative, to schedule work and prior to the beginning of work.

TONY CLARK, TONY.CLARK@VA.GOV, 504-507-7016

5.3 Services are to be performed during our business hours between 7:30 a.m. and 4:00 p.m.

central time, excluding federal holidays. Because of the workload of the pharmacy during business hours, the contractor may need to work after 4:00 p.m. in order to accommodate the compounding schedule at the pharmacy. Contractors that are willing to perform after-hours work should include this information in their bid documentation. If a contractor is willing to perform services after 4:00 p.m. this service must be included within the bid pricing as no extra charge will be allowed. The ability to perform work after hours is not required; however, preference will be given to contractors that offer flexible work hours.

6. DELIVERY

6.1 Reports of all testing shall be received electronically no later than three (3) weeks after the conclusion of all testing and certification.

7. INSPECTION AND ACCEPTANCE:

7.1 The Contractor shall conduct a joint inspection with the COR upon certification and testing of equipment.

7.2 In the event that recertification is required throughout the year, the Contractor shall be contacted to complete the necessary recertification based on total number of hours associated with technician work time. Travel and per diem shall be included in this hourly cost, not to exceed 120 hours per period of performance. In the event additional certifications are not required, these hours would not be billed for the current period of performance.

8. DELIVERABLES

8.1 After work is completed, the contractor is to submit in writing, a complete report of services performed for each item of equipment and must include a listing of replacement parts, when applicable. Within one week of obtaining sampling results, the vendor will electronically report ventilation and sampling data semiannually to SLVHCS Safety Management has a means of evaluating the overall control of the compounding environment. The report should have guidance on interpreting results, possible contamination pathways and proper corrective actions to remediate contamination.

8.2 The contractor shall supply every unit that passes required certification specifications with a certification sticker.

9. TRAINING

9.1 No training is required from the contractor.

10. WARRANTY

10.1 NA

11. Facility Information Security Officer (FISO) SECURITY LANGUAGE:

11.1 GENERAL

mailto:TONY.CLARK@VA.GOV

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

11.2 SECURITY CLAUSE:

Authorization and Assessment (A&A) and/or Security Package is not required.

12. QUALITY ASSURANCE SURVEILLANCE PLAN

12.1 The Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the contract.

12.2 The QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

12.3 This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor.

12.4 The Contracting Officer’s Technical Representative (COR) is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance based on the attached QASP. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

12.5 The COR shall assess contract performance quarterly throughout the contract period.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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) [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 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:

C.2 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 30 days.

C.3 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 five (5) years.

C.4 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.

C.5 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 are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns.

Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 https://www.vip.vetbiz.gov/ 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 Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of . Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

C.9 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/

FAR Number Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER

MAY 2011

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016

52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

DEC 2013

852.203-70 COMMERCIAL ADVERTISING MAY 2018

(End of Addendum to 52.212-4)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10)…