36C25624Q0713_1.docx

36C25624Q0713

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

07-12-2024

REGGIE CLARK

601-362-4471 07-19-2024 14:00

CDT

00502

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 16

715 S. PEAR ORCHARD

RIDGELAND MS 39157

X

621512 $19 Million

N/A

00564

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTHCARE SYSTEM OF THE OZARKS

GENE TAYLOR CBOC

1800 W. REPUBLIC ST.

SPRINGFIELD MO 65807

00502

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 16

715 S. Pear Orchard Ridgeland MS 39157

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714 877-353-9791 512-460-5429

See CONTINUATION Page The contractor shall provide all equipment, tools, materials labor, transportation, site construction, equipment training on-site installation and anything else necessary to provide for an equipment lease for a fully functioning and fully operable 1.5 Telsa (T) Mobile Magnetic Resonance Imaging (MRI) System trailer for the Gene Taylor Community Base Outpatient Clinic located in Springfield, MO.

See attached Performance Work Statement (PWS) & Site Plans

Period of Performance: Base period of 12 months plus 4 one year option periods.

NOTE: All SDVOSB/VOSB must be "verified" at the time of offer evaluation and pre-award.

For questions or concerns please contact REGGIE CLARK @ reginald.clark@va.gov.

See CONTINUATION Page

564-3690160-150-822200-3131 010022200

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: POC Name:_________________

Network Contracting Office 16 Network Contracting Office 16 715 S. Pear Orchard Ridgeland, Ms Phone: 601-362-4471 ext 56384 E-mail: reginald.clark@va.gov

Lisa Bujarski@va.gov, Contracting Officer Representative Department of Veterans Affair Veterans Health Care System of the Ozarks 1100 North College Avenue Fayetteville, AR 72703-1944 Phone: (479) 443-4301 ext 64320 Email: lisa.bujarski@va.gov

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

or

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] ARO and monthly arrears when applicable

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. Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp

The contractor must submit a signed “Final Invoice Memo” (template located in Section D) along with the final invoice for final payment or within seven (7) calendar days after the period of performance or contract expiration whichever is applicable at that time. The Contractor must send one signed copy to the Contracting Officer or the Contracting Officer’s Representative or the assigned Ordering Officer. Failure to submit a signed “Final Invoice Memo” could result in a negative CPARS entry as a lack of business-like concern for the interest of the customer. Notwithstanding the claim period Stated in FAR 52.233-1, Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the contractor agrees to submit any claim related to this contract within 12 months after accrual.

5. SECURE FAX: Please review VA Handbook 6500 that requires the following statement on all fax cover sheets be included:

This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.

6. Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at https://www.va.gov/oig/hotline/ and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

7. The Contracting Officer will issue a post award orientation letter (in lieu of a conference) for contract orientation purposes in accordance with FAR 42.504.

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

(End of B.1 Contract Administration Information)

STATEMENT OF WORK

Gene Taylor CBOC Mobile MRI Lease Veterans Health Care System of the Ozarks Springfield, MO 11/13/2023

1. PURPOSE

1.1. The overall purpose is to provide and install a Mobile MRI Trailer and Equipment at Veterans Health Care System of the Ozarks (VHSO), Gene Taylor Community Based Outpatient Clinic, 1800 W. Republic St, Springfield, MO 65807.

2. SCOPE

2.1. The contractor to provide all equipment, tools, materials, labor, transportation, site construction (to include utility hook-ups (power, data, telephone), equipment training, on-site installation, and anything else necessary to provide for an equipment lease for fully functioning/fully operable 1.5 Tesla (T) Mobile Magnetic Resonance Imaging (MRI) System trailer for the Gene Taylor Community Based Outpatient Clinic (VA) at 1800 W. Republic St, Springfield, MO 65807.

2.2. The Vendor is responsible for transporting the unit to and from the location.

2.3. The contractor shall be TJC (The Joint Commission) Accredited and/or shall follow established TJC guidelines, as they pertain to the Mobile MRI operations.

2.4. The Period of Performance will be for a 12-Month Base Period and four (4) 12-Month Option Periods.

2.5. The contractor must have the capability of providing a mobile MRI unit to be onsite 7 days per week for at least the Base Year with Four Option Years of service.

2.6. System/equipment shall be fully capable and able to transfer image and data to multiple modalities including VA PACS, VISTA Imaging, printers, and Hospital RIS System (full DICOM Communication). Each location shall have different IP addresses, subnet masks, and VPNs. Communication between MRI and Radiology Services PACS: The Contractor shall ensure that a convenient and robust means of DICOM transfer of MRI studies to the VA Radiology Service PACS is operational. The Contractor shall obtain and provide to the VA any technology necessary to ensure that MRI studies can be conveniently read on the existing VA PACS display technology. Any peripherals that the VA does not have but that is needed to ensure convenient and timely display of MRI studies in the VA Radiology Service shall be obtained by the Contractor, be installed, and be retained by the VA so that at future dates the archived studies can be reviewed. Each MRI study will be transferred to the VA PACS immediately following the acquisition of the study so that it can, if necessary, be reviewed before the patient leaves the MRI Trailer.

2.7. The Contractor shall have the MRI Trailer and Equipment in-place and fully operational no later than August 1, 2024

2.8. The Mobile MRI Equipment shall be equal to or better than the description of a 1.5T Siemens Magnetom Aera.

2.9. The Vendor is responsible for the maintenance of the unit, including all Preventative Maintenance, and all Parts and Labor. All Preventative Maintenance to be performed after normal duty hours.

2.10. Vendor agrees to cooperate with VA for quality control purposes.

2.11. Vendor agrees to meet all safety requirements such as posting MRI Hazardous ZONE Signs around the Mobile MRI Trailer.

3. SALIENT CHARACTERISTICS

3.1. Minimum requirements for this system are a state of the art 1.5T magnet:

3.1.1. Must have Tim 4G’s integrated coil technology.

3.1.2. The MRI must have a minimum 70cm bore for patients that are claustrophobic and/or obese.

3.1.3. Gradient strength of 45mT/m@200T/m/s).

3.1.4. RF technology should have maximum of at least 204 channels and 24/48/64 independent receiver channels that can be used simultaneous in one single scan and in one single FoV, each generating an independent partial image.

3.1.5. Equipment will be capable of sending images to a minimum of 3 destinations (printer, PAC’s, VistA, Hospital RIS System, etc)

3.1.6. MRI System will include the following application packages at a minimum:

3.1.6.1. Neuro Suite to include diffusion and perfusion imaging

3.1.6.2. Ortho Suite to include customizable workflows and susceptibility artifact reduction functionality.

3.1.6.3. Body Imaging Suite that includes FREEZEit technology to overcome motion and incorrect timing.

3.1.6.4. Software that includes ultra-fast, high-resolution, 2D and 3D protocols.

3.1.6.5. Angio Suite with software to optimize bolus timing, real-time graphics and automatic voice command to assist with ideal timing of breathing, scanning and contrast media.

3.1.6.6. Simultaneous Multi-Slice application

3.1.6.7. Patient experience applications that include lighting, music, video to calm anxious patients.

3.1.7. These Coils must be included at a minimum:

3.1.7.1. CP Extremity Coil (knee, ankle, Peripheral MR Angio)

3.1.7.2. Tx/Rx CP Head Coil

3.1.7.3. Body 18 coil

3.1.7.4. Peripheral Angio 36 coil

3.1.7.5. Hand/Wrist 16 Coil

3.1.7.6. Foot/Ankle 16 Coil

3.1.7.7. Flex Large 4 Coil (hip, shoulder, knee)

3.1.7.8. Shoulder Large 16, Shoulder Small 16 coils

3.1.7.9. Flex small 4 coil

3.1.7.10. Body 60/Body 20 Coil

3.1.7.11. Contour Coil

3.1.7.12. 4-Channel Special Purpose Coil (carotids)

3.1.7.13. Loop Coil, small (fingers, toes)

3.1.8. Additional MRI Trailer and System Requirements:

3.1.8.1. CD Burner

3.1.8.2. Full compatibility with hospital PACS system

3.1.8.3. DICOM 3.0

3.1.8.4. Patient intercom system

3.1.8.5. Safety and Warning Systems Visual and Audible Alarms

3.1.8.6. Smoke Detectors, Fire Extinguishers

3.1.8.7. Emergency Lighting Battery

3.1.8.8. Phone and data ports

3.1.8.9. 480v 50’ power cable

3.1.8.10. Hydraulic patient lift, Stairs and railings

3.1.8.11. HVAC system to maintain trailer environmental systems

3.1.8.12. Operators and Technical support Manuals

3.1.8.13. Full System Service (Monday – Friday after normal duty hours local time excluding Federal Holidays)

3.1.8.14. Regular scheduled maintenance to be performed after hours

3.1.8.15. 24 Hour telephone technical support toll free line, response within 1 hour.

3.1.8.16. 550 LBS maximum patient table weight

4. DELIVERY and INSTALLATION

4.1. Delivery

4.1.1. Contractor shall deliver all equipment to the Veterans Health Care System of the Ozarks (VHSO), Gene Taylor Community Based Outpatient Clinic, 1800 W. Republic St, Springfield, MO 65807. The Vendor is responsible for transporting the unit to and from the location.

4.2. Installation

4.2.1. Install all equipment to manufacturer’s specifications maintaining Federal, and Local safety standards

4.2.2. Installation must be completed by August 1, 2024. All work shall be completed between 8:00 a.m. and 4:30 p.m. Monday – Friday. All federal holidays, excluded.

4.2.3. If there is an operational conflict with installation, night or weekend installation may be required. Government will provide a 72 hours' notice of change of installation hours.

4.2.4. The Contractor shall remove all related shipping debris and cleanup any construction associated with delivery and installation of the specified items. Contractor shall remove all packaging from the SLVHCS premises. The Contractor shall be responsible for any damage to the building that occurs due to Contractor error or neglect.

5. SITE CONDITIONS

5.1. There shall be no smoking, eating, or drinking inside the hospital at any time.

6. INSPECTION and ACCEPTANCE:

6.1. Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s).

6.2. The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer.

7. DELIVERY/STORAGE REQUIREMENTS

7.1. Deliver materials to job in manufacturer's original sealed containers with brand name marked thereon.

7.2. Package to prevent damage or deterioration during shipment, handling, storage and installation. Maintain protective covering in place and in good repair until removal is necessary.

7.3. Deliver specified items only when the site is ready for installation work to proceed.

7.4. Store products in dry condition inside enclosed facilities.

7.5. Any government requested delayed delivery up to 90 days after initial negotiated delivery date, shall be at no additional cost to the Government.

7.6. A pre-delivery meeting will be conducted 60 days prior to initial negotiated delivery date for verification of delivery and installation dates.

7.7. Delivery and Installation will be coordinated through the COR.

8. DELIVERABLES

8.1. Operation and Maintenance Manuals

8.2. Deliver compilation of all manufacturer recommended maintenance schedule and operation materials packaged in binder(s) to COR upon completion of installation.

9. OPERATOR TRAINING

9.1. Contractor shall provide On-site training of the equipment to the Users. Scheduling of operator training shall be coordinated with the COR after installation is complete.

10. PROTECTION OF PROPERTY

10.1. Contractor shall protect all items from damage. The Contractor shall take precaution against damage to the building(s), grounds and furnishings. The Contractor shall repair or replace any items related to building(s) or grounds damaged accidentally or on purpose due to actions by the Contractor.

10.2. The Contractor shall perform an inspection of the building(s) and grounds with the COR prior to commencing work. To ensure that the Contractor shall be able to repair or replace any items, components, building(s) or grounds damaged due to negligence and/or actions taken by the Contractor. The source of all repairs beyond simple surface cleaning is the facility construction contractor (or appropriate subcontractor), so that building warranty is maintained. Concurrence from the VA Facilities Management POC and COR is required before the Contractor may perform any significant repair work. In all cases, repairs shall utilize materials of the same quality, size, texture, grade, and color to match adjacent existing work.

10.3. The Contractor shall be responsible for security of the areas in which the work is being performed prior to completion.

10.4. Contractor shall provide floor protection while working in all VA facilities. All material handling equipment shall have rubber wheels.

11. SECURITY REQUIREMENTS

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

12. WARRANTY

12.1. The contractor shall provide a one year manufacturer’s warranty on all parts and labor.

12.2. The warranty shall include all travel and shipping costs associated with any warranty repair.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract to provide all equipment, tools, materials, labor, transportation, site construction to include utility hook-up (power, data, telephone, etc.), equipment training, on-site installation, and anything else necessary to provide for an equipment lease for a new fully functioning/fully operable 1.5 Tesla (T) Mobile Magnetic Resonance Imaging (MRI) System trailer for the Gene Taylor Community Based Outpatient Clinic, Springfield, MO.

PRINCIPAL NAICS CODE: 621512 - Diagnostic Imaging Centers PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Contract to provide all equipment, tools, materials, labor, transportation, site construction to include disconnection of utility hook-up (power, data, telephone, etc.) on-site de-installation and anything else necessary to provide for the removal/deactivation of the 1.5 Tesla (T) Mobile Magnetic Resonance Imaging (MRI) System trailer at the Gene Taylor Community Based Outpatient Clinic, Springfield, MO.

All work associated with removal/de-activation in accordance with the performance work statement.

PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

BASE PERIOD - Lease Mobile MRI Trailer to include Equipment and Service in accordance with the Performance Work Statement Contract Period: Base POP Begin: 08-01-2024 POP End: 07-31-2025

PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

OPTION YEAR 1 - Lease Mobile MRI Trailer to include Equipment and Service in accordance with the Performance Work Statement Contract Period: Option 1 POP Begin: 08-01-2025 POP End: 07-31-2026

PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

OPTION YEAR 2 - Lease Mobile MRI Trailer to include Equipment and Service in accordance with the Performance Work Statement Contract Period: Option 2 POP Begin: 08-01-2026 POP End: 07-31-2027

PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

OPTION YEAR 3 - Lease Mobile MRI Trailer to include Equipment and Service in accordance with the Performance Work Statement Contract Period: Option 3 POP Begin: 08-01-2027 POP End: 07-31-2028

PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

OPTION YEAR 4 - Lease Mobile MRI Trailer to include Equipment and Service in accordance with the Performance Work Statement Contract Period: Option 4 POP Begin: 08-01-2028 POP End: 07-31-2029

PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

B.3 DELIVERY SCHEDULE

1850 W Republic Street Springfield, MO 65810

USA

Lisa.Bujarski@va.gov 479-443-4301

1850 W Republic Street Springfield, MO 65810

USA

1850 W Republic Street Springfield, MO 65810

USA

1850 W Republic Street Springfield, MO 65810

USA

1850 W Republic Street Springfield, MO 65810

USA

1850 W Republic Street Springfield, MO 65810

USA

1850 W Republic Street Springfield, MO 65810

USA

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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.

(End of Clause)

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.

(End of Clause)

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.

(End of Clause) C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(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 certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘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).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an…