36C25622Q0848_1.docx

36C25622Q0848

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

05-13-2022 Veronica Maskell 3189904090 06-03-2022

1:00 PM

CDT

Department of Veterans Affairs Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101

X

213112 $41.5 Million

N/A

Southeast Louisiana Veterans Health Care

SLVHCS

2400 Canal Street New Orleans LA 70119

Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically 1-877-489-6135

X See CONTINUATION Page Non-personal Services: The Contractor shall provide all tools and labor necessary Fuel Oil Tank Cleaning and Testing Services for the Southeast Louisiana Veterans Health Care System (SLVHCS)- New Orleans, LA.

Questions due NLT May 24th, 2022, by 1:00PM via email to veronica.maskell@va.gov. No phone calls will be accepted.

Solicitation responses due NLT June 3, 2022, by 1:00PM

Period of Performance: 09/14/2022- 09/13/2023 Option Year 1: 09/14/2023- 09/13/2024 Option Year 2: 09/14/2024- 09/13/2025 Option Year 3: 09/14/2025- 09/13/2026 Option Year 4: 09/14/2026- 09/13/2027

Site Visit will be conducted on May 17th @ 9:00AM See continuation pages for location of site visit.

***This solicitation is 100% set aside for Service-Disabled Veteran Owned Small Business***

See CONTINUATION Page

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256

Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101

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.

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

PERFORMANCE WORK STATEMENT

Southeast Louisiana Veterans Healthcare System 2400 Canal Street New Orleans, Louisiana 70119

Fuel Oil Tank Cleaning and Testing

1.0 GENERAL INFORMATION

The Department of Veteran Affairs, Southeast Louisiana Veterans Health Care System (SLVHCS), New Orleans, LA is seeking a Professional Services to perform Fuel Oil Tank Cleaning and Testing Services at the Medical Center. Equipment will be in good operating condition upon the effective date of this Contract. This Contract will not apply to any tanks that is damaged through negligence, misuse, abuse, fire or explosion, or any act of God.

1.1. GENERAL SCOPE

PREVENTIVE MAINTENANCE INSPECTIONS AND SERVICE:

This contract provides for annually cleaning of 6 - 40,000 gal tanks. The contractor will use a high-speed diesel fuel purification system that will remove the water, bacteria, algae, and sediment from all storage tanks listed above. The contractor will provide before, midpoint, and after samples to the Contracting Officer Representative (COR). The contractor shall sample each tank quarterly for BS & W, Micro-organism, and petulant filter ability. Depending on the results of tank sample testing, cleaning may be required. The contractor will provide lab testing for all diesel tank as follows: Certified lab analysis for particulate contamination, ASTM D 2276, Water and sediment, ASTM D 2709, Micro-organism study, culture study, bacteria count/ml and cetane analysis. Cleaning is to be scheduled at least five (5) days in advance with the COR. The COR shall make a written report to the Facilities Management Services, and the Manager of the Engineering Section on all work performed and advice of conditions found, including any recommendations.

The Period of Performance is September 14, 2022 – September 13, 2023, Plus (4) three option periods.

1. The price for cleaning the fuel oil and gasoline tank will be based on 80% of tank capacity per gallon of fuel. The total diesel tank capacity is 168,000 gal and 6,000 gal for unleaded fuel.

2. Fuel Oil Tanks will be tested every quarter and results of testing will be given to SLVHCS - COR.

Contractor shall provide full service/maintenance to include Release Detection, Spill and Overfill Protection, Corrosion Protection, Line Testing and preventative maintenance (hereafter called PM service), routine, repairs, testing and service for Government owned Under Ground Storage Tank and lines located at SLVHCS. This service will include all parts, labor, materials, training and all other associated costs. PM's will be accomplished quarterly, on days coordinated with the facility. Contractor shall inspect, test, calibrate and service the equipment, as required in accordance with Louisiana Department of Environmental Quality (LDEQ), industry, and statutory requirements, to prevent premature equipment failures and to extend equipment life. This service may be performed separate from or in conjunction with other services.

Ill. HOURS OF WORK: Service will be performed during normal working hours, 8:00 a.m. through 4:30 p.m., Monday through Friday, excluding all Federal Holidays. During emergency call back, contractor must respond within two hours of the initial call.

1. The contractor shall provide with their quote a telephone number where they can be reached or a message left for emergency repair requests, 24 hours per day, seven days per week (notification time, as stated in this contract, shall be considered to have been given at the time a message is left, or a call received):

TELEPHONE NUMBER: _________________

CONTACT PERSON (OPTIONAL) __________________

2. Upon arrival at the medical center, the contractor shall check in with a designated contact at each location. Contractor shall wear their Identification Badge visibly upon their person, between the height of the waist and shoulders. The contractor shall return to the contact person to check out at the completion of the service. Failure to wear the required badge may result in removal from the medical center.

3. Service calls shall be deemed to be ROUTINE by the Government, the service call will be scheduled by the COR, making every effort to arrange this repair service at a time convenient to both the contractor and the VA.

4. The contractor will respond to all emergency repair service requests within 1 hours by telephone, from the time of the initial telephone call received by the COR their designee. If the problem cannot be resolved by telephone the contractor shall make an on-site visit in person within 4 hours of the verbal request to do so. The contractor will bring the proper tools, equipment, and parts as appropriate for the problem described. Should parts not be available immediately, the contractor will notify the COR or designee, and obtain these unavailable parts in the most expeditious manner available.

5. Routine or PM visits will not be canceled once scheduled without the prior coordination with the COR.

6. Should the contractor determine that the damage or needed repair has been caused through the fault or negligence of the VA, the contractor will proceed with only that part of the repair absolutely necessary return the equipment to working condition. The contractor will notify the COR who will notify the CO in writing of the repair accomplished outside the scope of the contract and will request a separate purchase order to cover those repair costs.

7. All parts, filters or items needed to maintain underground and aboveground Storage Tanks operations are included in this contract. Parts replaced under this contract shall be new or equivalent to OEM specifications and are to be warranted against defects in material and workmanship during the term of this contract or 90 days, whichever is longer. Parts replaced shall become the sole property of the Government.

8. Contractor will provide a service report, which includes both the CONTRACT NUMBER and the PURCHASE ORDER NUMBER on it, EACH TIME THE CONTRACTOR ACCOMPLISHES A ROUTINE OR EMERGENCY REPAIR. If PMs are required, the contractor will use the approved PM checklist for accomplished PM service reports. LACK OF SERVICE REPORT WILL RESULT IN NON-PAYMENT.

9. A service log (see example Attachment A) will be maintained for each piece of equipment listed on the facility for Under Ground Storage tanks equipment list, in the area accessible to and agreed upon by the using service, contractor and COR. Upon arriving at the equipment site, contractor personnel shall log in their name and the time of arrival. Prior to departure from the site for the day, contractor personnel will log out by entering the time of departure and ensuring that all required information is written in the log.

10. This contract does not include the supplying of operating supplies, consumables, refinishing (painting) the equipment or furnishing materials for that purpose, or electrical repairs external to the equipment.

DELIVERIES OR PERFORMANCE

1. All contractor personnel/technicians will have successfully completed service and training from the manufacturer or a manufacturer accredited school and will have acquired a minimum of three (3) years’ experience on the equipment to be maintained. A list of contractor personnel and proof of this accomplished training will be provided to the COR and CO upon request prior to award of a contract, and upon change in contractor personnel during the awarded contract. This documentation will be provided and approved prior to the performance of any maintenance and/or repairs under this contract by contractor personnel.

2. Should the need arise for unqualified contractor personnel to provide maintenance and/or repair on Government owned equipment, the contractor will communicate with the COR and CO and with written documentation the circumstances prior to the performance of work.

3. No unqualified individual will be allowed to perform maintenance and/or repair of any equipment under this contract. Technician trainees or other unqualified individuals may assist or observe only, however, they will not be allowed to do so if their presence delays the progress of the work to be accomplished. The Government will NOT pay for unqualified individuals or technician trainees present.

SPECIAL CONTRACT REQUIREMENTS

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

A. DEFINITION "Hazardous material" is defined in Federal Standard No. 313B. (Federal Standards are sold to the public through: General Services Administration (3FFN), Room 6622, 7th & D Sts., S.W., Washington, D.C. 20407).

B. GENERAL

I. The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require Government activities to apprise their employees of:

a. All hazards to which they may be exposed;

b. Relative symptoms and appropriate emergency treatment; and

c. Proper conditions and precautions for safe use and exposure.

II. Contractors and their subcontractors of any tier are required to submit hazardous material data for all hazardous materials that they bring on site or have delivered to the medical center. Federal Standard No. 313B (Materiel Safety Data Sheets, Preparation and the Submission of) includes criteria for identification of hazardous materials. The Standard also prescribes Department of Labor Form OSHA-20 for use with Government contracts.

III. Contractors shall submit hazardous material identification on the following:

a. All items in, or ordinarily catalogued under, the Federal Supply Classes listed in Table 1 of Appendix A of Federal Standard No. 313B.

b. Items having hazardous characteristics in the Federal Supply Classes listed in Table II of Appendix A of Federal Standard No. 313B.

c. Any other material designated by a Government technical representative as potentially hazardous and requiring safety controls.

COMPLIANCE FAILURE to comply with the above requirements in this section, could be cause for termination in accordance with Default clause listed within the contract.

PERSONAL PROTECTIVE EQUIPMENT (PPE)

Contractors, there employee's and subcontractors of any tier are required to wear personal protective equipment (PPE) in accordance with OSHA Act, 1971 and other Federal, State and Local regulations. Personnel observed in violation of these regulations may be subject to removal from the medical center. The Government assumes no responsibility for injury of contract personnel or subcontractors of any tier if the injury is a direct result of noncompliance or disregard for these regulations.

ATTACHMENT A

A QUARTERLY MAINTENANCE:

1) The contractor shall perform Quarterly preventive maintenance on the Under-Ground Storage Tanks listed in Attachment B of this document. This maintenance shall be in accordance will all the LDEQ, manufacturers requirements, industry standards and statutory requirements.

2) Schematics and specific documentation regarding the contracted equipment shall be maintained on-site at the equipment location. Maintenance site logs with a complete service history, PM checklists and related documentation will be located with the equipment.

3) Maintenance will include all chemicals, parts, labor and tools required to service the equipment or restore it to original condition. All materials and parts are to be new and original manufacturer replacement parts or equivalent.

4) On site test and analysis will be conducted once a month. The contractor must be, at a minimum, a Class B Operator, per Environmental Protection Agency (EPA) standards. The contractor must demonstrate past experience conducting test and analysis of comparable storage units within the last three (3) years.

5) The following Maintenance will be performed Quarterly:

a) Check equipment calibration.

b) Visual inspection equipment for leaks.

c) Verify system check logs for completion.

d) Check Manual and Automatic Tank Gauging System for accuracy.

e) Check Secondary Containment with Interstitial Monitoring for tanks and piping.

f) Statistical Inventory Reconciliation.

g) Inventory Control

h) Tank Tightness Test.

i) Manual Tang Gauging,

j) Line Tightness Test.

k) Veeter Root System Check

l) Automatic Shutoff Device test.

m) Check Electronic Overfill Alarms.

B UNSCHEDULED MAINTENANCE:

1) Provide unscheduled remedial maintenance as required during the contracted period following customer notification. The contractor shall respond within thirty (1) hour by telephone upon being notified of a problem and have personnel on site within four (4) hours if a maintenance visit is needed as determined by the customer. The contractor shall provide a 24-hour, 365 day a year service where customer can contact the contractor by telephone for needed emergency repairs when needed.

2) All parts and labor, to include tools needed for work, shall be provided by the contractor and covered under the contract. Any parts removed due to replacement under the contract shall become the property of the contractor.

3) Contractor shall maintain a full spare parts inventory for repairs and service that could be needed for the unit being maintained.

IV. SAFETY REQUIREMENTS: In the performance of this Contract, the Contractor shall take such safety precautions as the CO, or his designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The CO or his designee, will notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the CO may issue an order stopping all or any part of the work and hold the Contractor in default.

VI. ORDERS: All orders for service will be placed by the COR and the repairman will report to that office prior to start of work and after completing the services required during that call. Services to be rendered will be as directed by the COR, and any changes must receive concurrence of that office.

VII. PAYMENTS: Payment shall be processed in arrears, upon receipt of properly prepared invoice.

VIII. Qualification: To be considered qualified; Contractor shall show proof of having completed Fuel Tank Cleaning or similar work on (3) three previous projects.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

This contract provides for annually cleaning of 6 - 40,000 gal tanks. The contractor will use a high-speed diesel fuel purification system that will remove the water, bacteria, algae, and sediment from all storage tanks listed on the PWS.

Contract Period: Base POP Begin: 09-14-2022 POP End: 09-13-2023

This contract provides for annually cleaning of 6 - 40,000 gal tanks. The contractor will use a high-speed diesel fuel purification system that will remove the water, bacteria, algae, and sediment from all storage tanks listed on the PWS.

Contract Period: Option 2 POP Begin: 09-14-2023 POP End: 09-13-2024

This contract provides for annually cleaning of 6 - 40,000 gal tanks. The contractor will use a high-speed diesel fuel purification system that will remove the water, bacteria, algae, and sediment from all storage tanks listed on the PWS.

Contract Period: Option 2 POP Begin: 09-14-2024 POP End: 09-13-2025

This contract provides for annually cleaning of 6 - 40,000 gal tanks. The contractor will use a high-speed diesel fuel purification system that will remove the water, bacteria, algae, and sediment from all storage tanks listed on the PWS.

Contract Period: Option 3 POP Begin: 09-14-2025 POP End: 09-13-2026

This contract provides for annually cleaning of 6 - 40,000 gal tanks. The contractor will use a high-speed diesel fuel purification system that will remove the water, bacteria, algae, and sediment from all storage tanks listed on the PWS.

Contract Period: Option 4 POP Begin: 09-14-2026 POP End: 09-13-2027

B.3 DELIVERY SCHEDULE

2400 Canal Street New Orleans, LA 70119

USA

4.00

4.00

4.00

4.00

4.00

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 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 PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision) “Evaluations of Options" For purposes of award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be those rates in effect under the contract each time an option is exercised under this clause. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

C.3 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.

(End of Clause)

C.4 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.

(End of Clause)

C.5 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) C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.7 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 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.

(End of Clause) C.8 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States.