36C25624Q1153 0001.docx

Amendment to a Previous Combined Solicitation

Amendment to a Previous Combined Solicitation This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with format in FAR Subpart 13; simplified acquisition procedures apply. VA will conduct the procurement according to a combination of FAR Part 12, Acquisition of Commercial Items and Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice.

The solicitation number is 36C256-24-AP-4370 and is issued as a Request for Quotation (RFQ).

The proposed contract action is to purchase one (1) Conveyor Dishwasher and its accessories for the Nutrition and Food service department that is at its end-of-life cycle at the Southeast Louisiana Veterans Health Care System (SLVHCS) located at 2400 Canal St, New Orleans, LA 70119. The Contractor shall install a new dishwasher to the exact specifications in the Statement of Work, and they will ensure it meets the existing footprint. Connection placement must be specific to allow for tie ins to drains and supplies. Contractor shall provide all labor, materials, tools, parts, equipment, permits, testing, reports, travel, and supervision required for the installation.

Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside applies to all items in this solicitation. Interested persons may submit quotes, and all eligible quotes must be received prior to the response date listed on FBO to be considered by the Government. This solicitation is 100% SET-ASIDE FOR SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS.

The NAICS code is 334512 (Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use) and the size standard is 650 employees.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-04 (01/30/2022). Only emailed requests received directly from the requester will be accepted.

RESPONSES ARE DUE, July 31, 2024, by 15:00 p.m. Central Time (CT). Quotes are due electronically to Christopher.rossi2@va.gov no later than the response date listed on FBO. Only electronic quotes will be considered.

Phone calls will not be accepted, all question and or concerns must be submitted via email to Christopher.rossi2@va.gov by 15:00 p.m. Central Standard Time (CST) NLT June 26, 2024.

Point of contact for this solicitation is Christopher Rossi at Christopher.rossi2@va.gov. All Inquires must be submitted electronically.

A Site visit is scheduled for July 24, 2024, at 1000 AM Central Time. Instructions for that site visit are attached.

See attached document: 6 - Evaluation Criteria Template - LPTA.

The purpose of this solicitation is to purchase and install one (1) Conveyor Dishwasher and its accessories for the Nutrition and Food service department. This is furthermore intended to replace and remove the current Hobart dishwasher that is at its end-of-life cycle at the Southeast Louisiana Veterans Health Care System (SLVHCS) located at 2400 Canal St, New Orleans, LA 70119. Vendors are strongly encouraged to attend the 24 July site visit to field questions.

Site visit will be July 24, 2024, at 10:00am Central. Please e-mail the Contract Specialist christopher.rossi2@va.gov and Program Manager Allison.Alsaade@va.gov to RSVP or ask additional questions concerning the site visit.

Meeting location for the site visit is:

Southeast Louisiana Veterans Health Care System 2400 Canal Street New Orleans, LA. 70119

***All contractors attending the site visit will be required to park in the patient/visitor garage. Use address 321 South Galvez New Orleans, LA. 70119 this will bring you to the patient/visitor parking garage. Park on 5th floor or higher. Confirmation is required, Security requires a 36-hour notice of the name of the company attending. Please include name(s), company and phone number(s) of attendees*** Address to the patient/visitor parking garage is as follows:

Southeast Louisiana Veterans Health Care System 321 South Galvez Street New Orleans, LA 70119

***This will bring you directly to the patient/visitor garage.

Contractors will need to park on the 5th floor and come down to the 1st floor lobby Ms Allison Assaf (COR) will be waiting in the Patient Parking Garage Lobby. After everyone arrives, all contractors will be escorted to the meeting location and then will be escorted to the location of the required services. If you have issues on the morning of the site visit, call Ms Assef directly at 504-451-8824. *** **Special Instructions due to COVID-19: *** Upon entering the facility be prepared to answer screening questions. If the contractor is symptomatic, you will not be allowed in the facility. It is advisable to bring your own surgical mask, or mask of your preference.

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

629-24-3-106-0865 36C25624Q1153 07-17-2024 Christopher Rossi christopher.rossi2@va.gov 07-31-2024

CDT

Department of Veterans Affairs Network Contracting Office 16 1515 Poydras Street Ste 1100 New Orleans LA 77012 Christopher Rossi christopher.rossi2@va.gov X X Y 334512 650 Employees N/A X Department of Veterans Affairs Southeast Louisiana Veterans Health Care System (SLVHCS) 2400 Canal Street New Orleans LA 70119 Department of Veterans Affairs Network Contracting Office 16 1515 Poydras Street Ste 1100 New Orleans LA 70112

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

See CONTINUATION Page Non-personal Supplies: The Contractor shall install a new dishwasher to the exact specifications in the Statement of Work, and they will ensure it meets the existing footprint. Connection placement must be specific to allow for tie ins to drains and supplies. Contractor shall provide all labor, materials, tools, parts, equipment, permits, testing, reports, travel, and supervision required for the installation.

Questions due NLT July 26, 2024, by 15:00 PM via email to Christopher.Rossi2@va.gov. No phone calls will be accepted.

Solicitation responses due NLT July 31, 2024, by 15:00 PM Period of Performance: Base Period: Aug 13, 2024, to Oct 31, 2024.

Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside applies to all items in this solicitation.

dishwasher to the exact specifications in the Statement of Work, and they will ensure it meets the existing footprin

t. C onnection placement must be specific to allow for tie ins to drains and supplies . Contractor shall provide all labor, material, tools, parts, equipment, permits, testing, reports, travel, and supervision required for the installation Questions due NLT July 26, 2024, by 15:00 PM via email to Christopher.Rossi2@va.gov. No phone calls will be accepted.

Solicitation responses due NLT July 31, 2024, by 15:00 PM Period of Performance: Base Period: Aug 13, 2024, to Oct 31, 2024.

Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside applies to all items in this solicitation.

See CONTINUATION Page X X David Bourgeois Contract Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

See Continuation Pages

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

Christopher Rossi christopher.rossi2@va.gov

b. GOVERNMENT: Contracting Officer 36C256 Department of Veterans Affairs Network Contracting Office 16 1515 Poydras Street Ste 1100

New Orleans LA 77012

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:

36C25624Q1153

Page 1 of Page 1 of Page 1 of Page 1 of

Statement of Work Hobart

DISHWASHER, CONVEYOR TYPE

Southeast Louisiana Veterans Health Care System New Orleans, LA

2.5 SALIENT CHARACTERISTICS

Single-Chamber Washer/Disinfector Quantity: 1 each Current installed brand is Hobart model no. CLPS86EN‐BAS+BUILDUP and replacement must have all salient specifications and characteristics.

Specification/ Salient Characteristics:

· Must have (2) tank with Power Scrapper

· Must have three hundred and forty-two racks and be able to process per hour.

· Must have insulated hinged doors.

· Must have stainless steel enclosure panels,

· Must be steam heated and electrical heated.

· Must have a microprocessor control with low temperature and dirty water indicators.

· Must have an NSF Pot & Pan mode.

· Must have programable delime notification.

· Must have a removable stainless-steel filter.

· Must have power scrapper vent cowl curtain kit.

· Must have free factory startup for installations.

· Must include Self-aligning wash manifolds

· Must include Stainless steel anti-clogging wash arms

· Must include Stainless steel self-draining pump and impeller

· Must include Single, sloping scrap screen and deep scrap basket

· Must include Door actuated drain closure

· Must include Convertible hot water or low temp final rinse

· Must include Vent fan control

· Must include Booster heater control

· Must include Large double door opening

· Must be able to process dual point electrical connection standard on 208/60/3.

and 240/60/3 voltage Must be able to process three hundred and forty-two racks per hour

2.5.1 Standard Warranty

· Must include one full year parts and labor.

· Must include travel time during normal business hours.

2.5.2 Electric tank

· Must be able to heat at 15kW wash/

· Must be able rinse at 10kW.

2.5.3 Electric booster

· Must be able to work at a capacity of 30kW.

2.5.4 Electric tank

· Must be able to produce 480v/60/3‐ph

· Must include Opti rinse

2.5.5 Base electric tank

· Must be higher than standard

2.5.6 Electric tank

· Must be set up to do process from Left to right operation

2.5.7 Flanged Feet,

· Must meet the following heights.

· 66inches

· 76 inches

· 86 inches

· Must be compatible with and models

· Must have a total of three sets.

· Six feet

2.5.8 Drain water tempering kit

· Must be compatible with all models

2.5.9 Installation

· Must include installation of DWT kit

2.5.10 Extended hood

· Must be adjustable.

2.5.11 Water Shock Absorber Kit

· Must include one for incoming hot water lines.

· Must include one for incoming cold-water lines.

2.5.12 Table limit switch

· Must be compatible with all CL and CLEN series.

2.5.13 STANDARD EQUIPMENT INSTALLATION

· Must include weekend and Evening hours.

· Must include removal and disposal of existing dishwasher.

· Must include installation of new Hobart dishwasher conveyor type.

· Must include all plumbing and electrical installation.

· Must fully connect all equipment,

· Must test all equipment once installed.

· Must include set up of new equipment.

4. INSTALLATION

5. SITE CONDITIONS

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

10. SECURITY REQUIREMENTS: n/a

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

DISHWASHER, CONVEYOR TYPE Hobart Model No. CLPS86EN-BAS+BUILDUP Conveyor Dishwasher, (2) tank with a Power Scrapper, (342) racks/hour, insulated hinged doors, .39 gallon/rack, stainless steel enclosure panels, microprocessor controls with low temperature & dirty water indicators, NSF Pot & Pan mode, programable delime notification, power scrapper vent cowl curtain kit, PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

LOCAL STOCK NUMBER: CLIN 001

Shipping PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 002

Standard warranty PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 003

CLPS86EN-BASHTE15K Electric tank heat 15kW wash/10kW rinse PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 004

CLPS86EN-BASERH30K 30kW electric booster PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 005

CLPS86EN-BASELE0CD 480v/60/3-ph PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 006

Single Point (1) service connection standard (Field convertible options available) PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 007

CLPS86EN-BASHGTHTS Higher than standard PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 008

CLPS86EN-BASDIR0LR Left to right operation PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 009

FLGFT-CLE*3 Flanged Feet, all CLeN Models (66", 76", & 86") require quantity of 3 sets (6 feet) PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 010

DTV-CLEN Drain water tempering kit for CLEN models PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 011

Installation of DWT kit only (NET) PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 012

EXTHD/E-ADJ E-series extended hood (adjustable) PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 013

1/2INSHK-ABSRBR Water Shock Absorber Kit (2 required - 1 each incoming hot and cold water lines) PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 014

TBLLIM-CL Table limit switch for CL & CLEN series PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 015

STANDARD EQUIPMENT INSTALLATION

PRINCIPAL NAICS CODE: 334512 - Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use

LOCAL STOCK NUMBER: CLIN 016

B.3 DELIVERY SCHEDULE

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

3.00

1.00

1.00

2.00

2.00

1.00

1.00

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, ‘‘Veteran-owned small business or VOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more 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 Veteran(s);

(ii) The management and daily business operations of which are controlled by one or more Veteran(s);

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

(iv) The business has been verified for ownership and control pursuant to 38 U.S.C. 8127 and 13 CFR 128, and is certified and listed 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 and government contracting, and the Veterans Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) ‘‘Veteran’’ is defined in 38 U.S.C. 101(2).

(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’’ has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except that for a VA contract the firm must be certified and listed in the SBA certification database.

(5) The term “VOSB participant” or certified VOSB means a small business that has been certified as eligible to participate in the Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102). It includes certified service-disabled veteran-owned small businesses (SDVOSBs).

(b) General. In order for a concern to submit an offer and be eligible for the award of a VOSB 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 certified and listed as a VOSB or SDVOSB participant in the certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified VOSBs or 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 only to a certified VOSB who is eligible at the time of submission of offer(s) and at 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 a VOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified VOSBs 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 VOSB 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 multiple-award contracts, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR parts 121 and 125, including the non-manufacturer rule and limitations on-subcontracting (LOS) requirements in 13 CFR 121.406(b) and 125.6. For the purpose of the limitations on subcontracting, only certified VOSBs 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 and/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 VOSB 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 VOSBs 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 VOSB 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 VOSBs 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 VOSB 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 VOSB 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 VOSBs 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 VOSBs listed in the SBA certification database.

(5) Subcontracting. A VOSB must meet the NAICS size standard assigned by the prime contractor and be listed in the SBA certification database to count as similarly situated. Any work that a first tier VOSB 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. A VOSB 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 [X] 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 a VOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.10, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s VOSB status is subject to debarment from contracting with the Department for a period of…