36C25624R0126_1.docx

36C25624R0126

GENERAL INFORMATION

G.V. (Sonny) Montgomery VAMC

1500 E. Woodrow Wilson Dr.

Jackson MS 39216

POINT OF CONTACT*

Contracting Officer Jimmie E. Frost jimmie.frost@va.gov 601-362-4471 x56333

PLACE OF PERFORMANCE

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice This Page Intentionally Left Blank

Combined Synopsis/Solicitation Notice

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. SIGNAT

URE 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

36C25624R0126 Jimmie Frost jimmie.frost@va.gov 09-16-2024 10:00

CDT

00586 Department of Veterans Affairs G.V. (Sonny) Montgomery VAMC 1500 E. Woodrow Wilson Dr.

Jackson MS 39216 X X 561710 $17.5 Million N/A X 00586 Department of Veterans Affairs G.V. (Sonny) Montgomery VAMC A&MM Service (90C) 1500 E. Woodrow Wilson Drive Jackson MS 39216-5199 10N16 Department of Veterans Affairs G.V. (Sonny) Montgomery VAMC A&MM Service (90C) 715 South Pear Orchard Road Ridgeland MS 39157

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 See CONTINUATION Page See CONTINUATION Page X Page 1 of 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: To Be Determined

b. GOVERNMENT: Contracting Officer 36C256 Department of Veterans Affairs G.V. (Sonny) Montgomery VAMC

1500 E. Woodrow Wilson Dr.

Jackson MS 39216

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:

Page 1 of Page 1 of Page 1 of Page 1 of Requirement Provide Integrated Pest Management Services (IPMS) through development and implementation of an IPMS program to ensure the elimination and mitigation of pest as prescribed by VHA Directive 1850.02 Pest Management Operations for Overton Brooks VAMC. This program shall include the use of a wide variety of technological, mechanical, and chemical components to include structural and procedural variations that mitigate and/or eliminate pest, food sources, water sources, harborage, and access points used by pest. Service shall be performed in a manner that will ensure the health and general wellbeing of hospital staff, medical staff, patients, visitors, and their families, and effectively provide control, mitigation, and/or elimination of pests. All service shall be performed in accordance with (IAW) all local, state, federal and Department of Veterans Affairs laws, policies, and regulations.

The following listed locations comprise all areas and sub sections to be serviced under this contract:

1. Overton Brooks VAMC, 510 E. Stoner Ave, Shreveport, LA 71101

· Bldg. 1 – Main Hospital - 602,675 sq. ft

· Bldg. 2 – Boiler Plant - 11,277 sq. ft

· Bldg. 3 – Engineering Shops – 7,538 sq. ft.

· Bldg. 4 – Engineering Admin. – 4,405 sq. ft

· Bldg. 6 – OI&T – 4,948 sq. ft.

· Bldg. 14 – Finance – 1,802 sq. ft.

· Bldg. 16 – Warehouse – 3,000 sq. ft.

· Bldg. 33 – Research Facility – 5,408 sq. ft.

· Bldg. 42 – MRI – 1,660 sq. ft.

· Bldg. 55 – Women’s/Eye/Podiatry Clinic – 20,500 sq. ft

· Bldg. 57 – Dental Clinic – 13,400 sq. ft.

· Cardboard Compactor area (exterior rear of main hospital

· Trash Compactor area (exterior rear of main hospital)

· Recycling Area (exterior rear of main hospital)

· Project sites (onsite construction locations)

Performance Period The period performance for this contract shall be for one (1) base year and four (4) option years after Notice to Proceed.

Performance Objectives The contractor shall provide all management, licenses/certifications/insurance, laboratory testing, tools, supplies, equipment, transportation, supervision, and labor to develop, implement and maintain an IPMS program. This service shall offer surveillance, trapping, pesticide application, pest removal components and applicable reporting along with detailed, site-specific recommendations for structural and technical alterations, for pest control indoor and outdoor, within the property boundaries of the buildings.

General Contractor Requirements

1. Certification and Experience

· Contractor business shall be appropriately licensed and permitted in the State of Louisiana to perform pest control services, including wood destroying insect, avian control, evaluation, and control.

· Contractor shall only use pesticides as prescribed by Federal Insecticide, Fungicide, and Rodenticide Act (FIRFA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Federal Facilities | US EPA and approved by Environmental Protection Agency, (EPA), Louisiana Department of Agriculture (LDA) Pesticide safety and restrictions | Louisiana Department of Agriculture and Forestry (la.gov), and Texas Department of Agriculture (TDA)

· Contractor business shall have an experience base in commercial application of pest control treatment within health care setting.

· Contractor shall conform to all federal, state, and local regulations governing examining and licensing of pest control operators, performance of pest control, use of approved pest control chemicals and equipment, and proper disposal methods for all products/containers.

2. Initial Service

· Contractor shall complete a thorough professional assessment of each facility and areas identify to determine:

a. Pest Control needs for each location

b. Frequency of treatment

c. Identification of areas with problematic issues

d. Identification of practices contributing to pest issues

· Contractor shall develop IPMS program to monitor and treat for all pest identified in Service Performance Requirements section of this contract.

*Note: IPMS program plan shall be submitted within 10 business days prior to performance start date for PMO/COR approval.

3. Administrative Requirements

· The contractor shall develop and maintain a recordkeeping system or submit a plan in electronic database format. These records shall be made readily available to and at request of the PMO/COR and updated on each visit by Contractor. This system will be used to address the following at all locations listed in Requirement section.

a. Contractor shall provide link to current labels and Material Safety Data Sheets/Safety Data Sheets (MSDS/SDS) of all pesticides to be used and their application, along with equipment used to apply.

b. Contractor shall provide updated MSDS/SDS anytime a new pesticide is used and/or provided to the Pest Control Operator.

c. Contractor shall provide update information mandated by FIRFA.

d. Contractor shall maintain a service log to be signed and dated for each action:

· Service schedule for each building, room, area, etc.

· Emergency work

· Routine service request

e. Contractor shall provide plan of action for chemical spills.

f. Contractor shall provide fiscal year report of all pesticides used (in pounds)

g. Certification document for each contractor personnel applying pesticides:

· Updated as needed (i.e. new personnel, certification/license renewal, etc.)

h. Contractor shall submit quarterly pest control summary via database entry; to include:

· Number of service calls to all sites

· Types and quantities of chemicals, pesticides, and any other materials used during the quarter used at each site

· Types for pest treated at each site

· Recurrent issues by site, area, and subsection

The Contractor shall receive the concurrence of the COR prior to implementing any subsequent changes to the system, including additional or replacement pesticides and on-site personnel.

4. Contractor’s Personnel Requirements (Inspectors, Certified Applicator or Technicians)

a. The contractor shall provide the COR with a list of contracted employees expected to enter the buildings to perform services. While on VA premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

b. An access badge will be given to the contractor’s employee upon entrance into VA buildings. The contractor employee must safeguard the access badge and immediately report any lost, stolen, or destroyed badges to the COR. All contract personnel must properly display their access badges. Access badges must be worn at or above the waist (facing forward.). The contractor’s employees must return the access badge(s) to the COR or designee at the end of each pick up process.

c. Personnel assigned to this contract shall be certified, licensed, and permitted to use pesticides for each given State and possess the knowledge and experience in commercial application pest control services.

*Direct Supervision must be adhered to as prescribed by VHA Directive 1850.02 Pest Management Operations Program and Louisiana state requirements.

· Louisiana – Title 7: Structural Pest Control Rules and Regulations

· VHA Directive 1850.02 - Section 7. Definitions, b. Direct Supervision

d. Contractor shall ensure all security policies/requirements are met and employees cleared prior to the contractor performing work under this contract. Employees that cannot meet the security and clearance requirements shall not be allowed to perform work under this contract.

e. Contractor staff shall be positively identified by their uniforms upon immediate appearance.

f. It is the responsibility of the contractor’s personnel to park in the appropriate designated parking areas. Parking information shall be coordinated with each facility COR.

g. OBVAMC does not validate or make reimbursement for parking violations of the contractor’s personnel under any circumstance.

h. Contractor personnel may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts.

i. The Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract to avoid an interruption of service due to failure of equipment or personnel issues. The Contractor shall incur all cost associated with fulfilling this contingency plan at no additional cost to the Government. The Contractor shall be liable for all expenses incurred by the Government due to the Contractor’s inability to perform in accordance with these requirements.

5. Performance Requirements and Constraints The service schedule will be developed between the Vendor and Contractor Officer Representative (COR) prior to any service being performed.

a. Hours of Operation: 8:00am to 4:30pm Monday through Friday

b. Holidays

· New Year’s Day

· Martin Luther King Day

· President’s Day

· Memorial Day

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving Day

· Christmas Day

c. Services Performance Constraints

· The Contractor shall observe all safety precautions throughout the performance of this contract.

· All work shall comply with the applicable requirements of Title 29 Code of Federal Regulations (CFR) 1910,29CFR, and 40CFR.

· The Contractor shall provide pest control services that do not adversely affect patients and employee health or productivity during regular hours of operation at all sites.

· All work conducted by Contractor shall comply with applicable Federal, State, and Local safety and health requirements. Where there is a conflict between applicable regulations, the most stringent will apply.

· Contractor and all contractor personnel shall adhere to requirements for entering restricted areas. Contractor shall contact COR prior to entering these areas and/or request escort as needed.

· Contractor shall determine the need for and provide any protective clothing, equipment, and devise, in addition to ensuring these items meet Occupational Safety and Health Administration (OSHA) standards for use.

· Contractor shall adhere to all isolation precaution requirements, when performing services in patient care areas.

· Contractor shall not store or mix pesticides on VA property.

· Contractor shall document application.

· The Contractor shall not dispose of any excess pesticide, pesticide containers or any other materials contaminated by pesticides at any location identified herein except as specified by the Chief, EMS.

d. Bait and Pesticide Constraints

· When is applicable, an “eco-sensitive” approach to pest control is prepared.

· The Contractor shall not apply any pesticide product that has not approved in writing by the COR.

· Pesticide application shall be according to need.

· Contractor shall employ the least hazardous material, most precise application technique and minimum quantity of pesticide necessary to achieve.

· Use of the herbicide 2,4-D is prohibited on VA property by national VA Policy

· Non-chemical methods (spraying) shall be used to the maximum extent possible

· Contractor shall notify COR of affected areas prior to spraying.

· Application of insecticides to exposed surfaces or as space sprays (including fogs, mists, fumigation, and ultra-low volume applications) shall be restricted to unique situations where no alternative measures are practical. The Contractor shall obtain the approval of the COR prior to any application of insecticide to an exposed surface or any space spray treatment. No surface application or space spray shall be made while tenant personnel are present. The Contractor shall take all necessary precautions to ensure patient and employee safety, and all necessary steps to ensure the containment of the pesticide to the site of application.

· Spraying shall occur when areas are unoccupied (with COR approval)

· When or if applicable; all bait boxes shall be maintained in accordance with EPA regulations, with an emphasis on the safety of non-target organisms.

a) All bait boxes shall be placed out of the general view, in locations where they will not be disturbed by routine operations.

b) The lids of all bait boxes shall be securely locked or fastened shut.

c) All bait boxes shall be securely attached or anchored to the floor, ground, wall, or other immovable surface, so that the box cannot be picked up or moved.

d) Bait shall always be placed in the baffle-protected feeding chamber of the box and never in the runway of the box.

e) All bait boxes shall be labeled on the inside with the Contractor's business name and address and dated by the contractor's technician at the time of installation and each servicing.

f) Trapping devices rather than pesticide sprays shall be used for indoor fly control wherever appropriate.

· Application of insecticide shall not be visible to a bystander during or after the application process.

e. Rodent Control Constraints

· Rodent control inside occupied buildings shall be accomplished with trapping devices only.

· Contractor shall obtain the approval of the COR prior to making any interior rodenticide treatment.

· All rodenticides shall be placed either in locations not accessible to children, pets, wildlife, and domestic animals, or in EPA approved tamper-resistant bait boxes.

f. Services Performance Requirements All locations, areas, and subsections shall be inspected and treated as identified in facility Integrated Pest Management Operations Plan (IPMOP). The following task shall be addressed by contractor as prescribed for the control of pest at facilities and locations identified. This shall include the proper selection, placement, and maintenance of light trap devices in collaboration with COR.

I. Control of common pests Common pests are described as any insect, invertebrate, arachnid, rodent, mammal, bird, or snake that causes an economic loss, or presents a hazard. These pests include mice, rats, squirrels, gophers, birds, bats, ants, bees, snakes, mosquitoes, gnats, beetles, weeds, termites, cockroaches, wasps, spiders and other crawling and flying insects interior and exterior to the facilities identified herein and to any other future requirements. Treatment should also include for the prevention of and reappearance of all pests. This list is not all inclusive and shall not be a complete list of the pests the contractor shall be responsible to control. Contractor shall ensure applicators are trained in the proper and safe handling of snakes. Services shall include trapping and removal services for vertebrates i.e., cats, dogs, bats, etc. per period of performance.

II. Control of parasitic pests Parasitic pests are described as predatory insects that present health hazard. These include lice, bedbugs, fleas, mites and ticks interior and exterior to facilities identified herein and to any other future requirements. Treatment should also include for the prevention of and reappearance of all pests. Contractor shall inspect and treat for bed bug infestation upon being brought in the facility upon sightings and discovery. Upon notice of a treatment, Contractor shall be able to provide treatment within four (4) hours of notification or determination by Contracting Officer Representative (COR) and Contractor a reasonable response time due to geography location of their medical center.

III. Areas of Inspection and Treatment

1) Bldg. 1 – Main Hospital Contractor shall develop, provide, and execute a comprehensive plan and schedule to conduct and complete routine inspection of main hospital to include all floors from the 12th floor to sub-basement monthly and as needed at request of COR. Contractor shall address issues annotated by Environmental Management Service in logbook and/or identified by contractor using appropriate pest management measures to be accomplished with (3) three weekly service visits.

· Nutrition and Food Service (NFS) Contractor shall develop, provide, and execute a comprehensive plan and schedule to conduct and complete a routine inspection of NFS area (basement kitchen) weekly. And as needed at request of COR. Contractor shall address issues annotated by Environmental Management Service in logbook and/or identified by contractor using appropriate pest management measures. Bi – weekly treatment of this area is limited to only times when food is not being held, processed, prepared, served and while not occupied by facility employees. This area will be treated after 8 PM and before Midnight after normal business hours and is subject to additional treatments if necessary.

· Canteen Service Contractor shall develop, provide, and execute a comprehensive plan and schedule to conduct and complete routine inspection of Canteen Service operational spaces to include 2nd Floor areas (kitchen, dining areas, storage areas and retail store) and 1st Floor area (Coffee Shop) weekly and as needed at request of COR. Contractor shall address issues annotated by Environmental Management Service in logbook and/or identified by contractor using appropriate pest management measures. Bi- weekly treatment of these areas is limited to only times when food is not being held, processed, prepared, served and while not occupied by facility employees. These areas will be treated after 8 PM and before Midnight after normal business hours and are subject to additional treatments if necessary.

· Sterile Processing Service Contractor shall develop, provide, and execute a comprehensive plan and schedule to conduct and complete a routine inspection of SPS operational spaces (basement) bi-weekly and as needed at request of COR. Contractor shall address issues annotated by Environmental Management Service in logbook and/or identified by contractor using appropriate pest management measures.

· Loading Dock (Trash Compactor, Cardboard Compactor and Recycling area) Contractor shall develop, provide, and execute a comprehensive plan and schedule to conduct and complete routine check of all loading dock operational space located at rear of main hospital weekly and as needed at request of COR. Contractor shall address issues annotated by Environmental Management Service in logbook and/or identified by contractor using appropriate pest management measures.

· Unoccupied areas Contractor shall develop, provide, and execute a comprehensive plan and schedule to conduct and complete a monthly routine inspection and treatment the following at all locations and areas identified herein

a) Utility rooms

b) Above ceiling

c) Crawl spaces under structures

d) Mechanical rooms

e) EVS Closets

2) Campus Buildings 2, 3, 4, 6, 16, 33, 42, 5, and 57 Contractor shall develop, provide, and execute a comprehensive plan and schedule to conduct and complete routine inspection of all campus buildings monthly and as needed at request of COR. Contractor shall address issues annotated by Environmental Management Service in logbook and/or identified by contractor using appropriate pest management measures.

IV. Emergency Services An emergency is defined as a sudden significant increase in a previously controlled pest population, infestation of pest that poses significant threat to occupant safety or potential to cause serious property damage, and infestation of pest that causes a location, area or sub-section to be unusable.

· The Contractor must be able to respond at any time and provide 24-hour emergency call out services where treatment to the facilities has been carried out by Contractor in accordance with the schedule but the facility is still not free of the pest. In such cases Contractor shall provide appropriate Pest Control services as needed to rectify identified pest issues as identified by the government which may also equate to a re-evaluation of the approved planning. Contractor must ensure that a representative is on-site within 4 hours after receiving an emergency notification from the government. Note: Contractor may have to perform work at times other than the normal duty hours for emergencies.

V. Facility Staff Training Contractor shall provide training to government staff on methods to reduce and prevent pest infestations. This training shall be accomplished semiannually through an in-service training utilizing most recent literature on pest mitigation. Literature shall vary based on the season and the types of pests that are common during that period.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

5 Year Ordering Period Pest Service Contract: Pest services performed in accordance with the statement of work POP 1 Feb 25 through 31 Jan 30 (60 Months Total) Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2030 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services PRODUCT/SERVICE CODE: S207 - Housekeeping - Insect/Rodent Control

B.3 DELIVERY SCHEDULE

12.00

PERFORMANCE WORK STATEMENT

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) 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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of ;

(2) Any order for a combination of items in excess of ; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after .

(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 852.219-73 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…