36C25724Q0455.pdf

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

674-24-2-258-0018

36C25724Q0455 03-19-2024

Dayna Cantu 512-922-0142 03-25-2024 11:00am CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17 Regional Procurement Office West (RPO-W) 5441 Babcock Road Ste. 302 San Antonio TX 78240

X

541611

$24.5 Million

N/A

36C674

Department of Veterans Affairs Central Texas Veterans Health Care Sys.

Multiple Locations

Temple TX 76504

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

Contractor shall provide Medical Gas Management Services in accordance with the Performance Work Statement and the terms and conditions contained herein.

See CONTINUATION Page

X 1

Shannon Hodgson Contracting Officer

36C25724Q0455

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

C.10 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 QUALITY ASSURANCE SURVEILLANCE PLAN

D.2 WAGE DETERMINATION RATES

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

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: Name:____________________________________________

Address: __________________________________________

City/State/Zip: _____________________________________

POC Name: _______________________________________

POC Phone: _______________________________________

POC Email: _______________________________________

SAM UEI: ________________________________________

TIN: _____________________________________________

b. GOVERNMENT: Contracting Officer 36C257

Shannon Hodgson shannon.hodgson@va.gov Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville, TX 75137

Contract Specialist 36C257 Dayna Cantu dayna.cantu@va.gov Department of Veterans Affairs NCO 17 Contracting Office Regional Procurement Office West (RPO-W) 5441 Babcock Road Ste. 302 San Antonio, TX 78240

Contracting Officer’s Representative (COR) 36C674 Cedrick A. Redmond cedrick.redmond@va.gov Inventory Management Specialist Department of Veterans Affairs 1901 Veteran Memorial Dr.

Temple, TX 76504 mailto:shannon.hodgson@va.gov mailto:dayna.cantu@va.gov mailto:cedrick.redmond@va.gov

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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.

See page 1 Block 18a.

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

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

MEDICAL GAS MANAGEMENT SERVICE

CENTRAL TEXAS VETERANS’

HEALTH CARE SYSTEM

BACKGROUND:

Central Texas Veterans Health Care System (CTVHCS) requires a contractor to provide management of medical gas cylinders for locations in Temple, Austin, Waco, Cedar Park (CBOC), Brownwood (CBOC), Palestine (CBOC), Bryan College Station (CBOC), Temple Annex (CBOC), and LaGrange (CBOC). The Contractor shall be responsible for transporting, receiving, delivering, stocking, handling, inspecting, and picking up empty cylinders. Onsite medical gas management solutions shall be customizable to fit CTVHCS varying patient demographics.

PERIOD OF PERFORMANCE:

BASE YEAR: 04/02/2024 – 04/01/2025

OPTION YEAR 1: 04/02/2025 – 04/01/2026

OPTION YEAR 2: 04/02/2026 – 04/01/2027

OPTION YEAR 3: 04/02/2027 – 04/01/2028

OPTION YEAR 4: 04/02/2028 – 04/01/2029

1. SCOPE OF WORK:

1.1. CTVHCS requires a contractor to provide management of all listed medical gases and gas cylinders for each medical center/CBOC in its system. The Contractor shall maintain one hundred percent accountability of all medical gas cylinders while transporting, receiving, delivering, stocking, handling, inspecting, and picking up empty cylinders for all facilities located within CTVHCS. All equipment and materials (e.g., DOT certified delivery vehicle and transport vehicle, certified medical gas technician(s), hydrostatic tested approved cylinders) required to perform on the contract shall be provided by the Contractor.

1.2. The purpose of this requirement is to establish an improved method for distributing and inventorying a consistent source supply of medical cylinder gases for the facilities located in CTVHCS.

1.3. The list and locations of CTVHCS facilities are shown below in Section 1.5. The number and location of facilities located within CTVHCS may increase or decrease based on the Government’s need to provide health care to Veterans. Contractor shall deliver medical-grade gas to Clinical Medical Gas Storage (CMSC) areas in CBOC locations.

1.4. The Government is anticipating awarding one fixed-price contract with a twelve-month base year and four twelve-month option years.

1.5. Acronyms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation.

CBOC: Community Based Outpatient Clinic CMSC: Clinical Medical Supply Closet CO: Contracting Officer COR: Contracting Officer Representative CS: Contract Specialist CTVHCS: Central Texas Veterans Health Care System GFE: Government-Furnished Equipment (Government-Owned) HCS: Health Care System LIN: Line-Item Number NLT: No Later Than PAR: Periodic Automatic Replacement PO: Purchase Order POC: Point of Contact VA: Department of Veterans Affairs (Government) VAMC: Veterans Affairs Medical Center

2. LIABILITY INSURANCE REQUIREMENTS:

2.1. The Contractor is required to maintain liability insurance in the amount of

$1,000,000.00 per occurrence. The ACORD Certificate of Liability must be provided within ten (10) calendar days of contract award and annually via email to the CO.

3. MEDICAL CYLINDER REQUIREMENTS:

3.1. The Contractor shall maintain cylinders/tanks and equipment. During the term of the contract, the Contractor is liable for the integrity, suitability, safety, inspections, and cylinder tracking of medical cylinder(s) and ensures they comply with applicable regulations and standards. The Contractor shall report all deficiencies within 72 hours of discovery to the COR. The Contractor shall respond to CTVHCS report of unavailable medical gas within 1 hour of notification.

3.2. Contractor is responsible for inspecting all medical gas cylinders. All medical gas cylinders shall be kept in good operating condition and appearance (i.e., clean, rust-free, labeled) and be in accordance with applicable regulations and standards.

Each VA facility shall provide the Contractor reasonable access to their facility for this purpose. The Contractor shall ensure cylinders a full before delivering to the point of use. The Contractor shall notify the COR immediately of any discrepancies identified.

3.3. All CTVHCS VA facilities have the right to refuse dirty cylinders or cylinders that do not meet applicable regulations and standards. The Contractor must notify the COR immediately of any rejected cylinders.

3.4. The Contractor shall provide training to VA staff upon request at no additional cost to the Government. The training shall ensure VA employees are proficient and able to safely operate medical gas cylinders and appurtenances in the event of equipment change, technology upgrades and/or any new system/manufacturer specification change.

4. DELIVERY REQUIREMENTS:

4.1. CTVHCS requires two (2) technicians, one for each medical center (Waco and

Temple).

4.2. Contractor shall provide technician with DoT approved vehicle to transport compressed medical gas cylinders and liquid nitrogen for transport between facilities when needed.

4.3. The technician shall deliver clean dust-free medical gas cylinders to designated CMSC rooms according to the suggested PAR levels listed.

4.4. The technician is required to provide the COR with a legibly signed and dated electronic delivery ticket after each delivery. Upon delivery, the technician will verify the cylinder count of all full cylinders being delivered and all empty cylinders being picked up. Both cylinder counts will be noted on the delivery ticket. The technician shall sign the delivery slip.

4.5. Technician shall deliver the medical gas cylinders to the CMSC rooms to replenish medical gas cylinder PAR level inventory daily and as needed. The Contractor is required to provide the facility order form and delivery ticket to the

COR. The following information applies to all deliveries, regardless of the time or day of execution.

4.6. The delivery slip/ticket for GFE must include:

• The number of cylinders at the Contractor’s facility prior to delivery

• The number of cylinders being delivered

• The number of cylinders being picked-up

• If one-for-one matching is not accurate, missing cylinder quantities will be identified and documented on the delivery slip of government-owned cylinders.

4.7. The delivery slip/ticket for gas supply contractor-provided cylinders must include:

• Contract Number, Facility PO Number or Delivery Order number

• Account number for the specific delivery location

• Date of Order

• Date of Delivery

• Item number(s) (LIN) and/or product identification number(s)

• Quantity of each gas and cylinder ordered

• Items ordered and not delivered

• The number and type of cylinders being delivered

• The number and type of cylinders being picked-up

4.8. Contractor shall provide access to the scanned copy of the delivery slip to the COR through electronic means (e-mail or otherwise).

4.9. All orders shall be delivered according to the delivery parameters outlined for each location in Section 5 below.

5. DELIVERY SCHEDULE:

Delivery Schedule –Facility Locations. Representatives shall be available during the hours Monday through Friday, 7:30AM- 4:30PM. It is the responsibility of the Contractor to ensure each VA Facility shall receive their orders on the specified delivery dates NLT 10:00 am. Technician is responsible for receiving all delivery orders.

Austin facility – Mondays Temple - Tuesdays Waco – Wednesdays Temple Campus and Annex – Thursday CBOCS- As Directed

5.1. The Government retains the right to investigate a backorder situation to determine the cause of the backorder.

5.2. All medical gas deliveries shall be made per each state’s Department of Transportation (DOT) Regulations. Empty cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to DOT Regulations, using normal commercial practices to prevent damage to cylinders.

5.3. Non-emergency delivery of medical gases shall be completed within the time frame shown for each facility identified in Section 5: Delivery Schedule – Facility Locations, excluding federal holidays. FOB is destination.

5.4. The following holidays are observed by the Federal Government:

New Year's Day Martin Luther King's Birthday (3rd Monday in January) Presidents Day (3rd Monday in February) Memorial Day (last Monday in May) Juneteenth (June 19) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day Christmas Day Any day specifically declared by the President of the United States to be a national holiday.

5.5. Note: If the holiday falls on a Saturday, it shall be officially observed on the Friday before the holiday. If the holiday falls on a Sunday, it shall be officially observed on the Monday following the holiday. Contractor must ensure medical gas is delivered prior to holiday and stock is sufficient until following business day.

5.6. Routine orders shall be accepted by the Contractor until 2:00 PM, local facility time, the day before the required delivery day shown in Appendix: Delivery Schedule - Facility Locations.

5.7. Additional charges such as delivery fees, hazardous material fees, fuel surcharges, cylinder tracking fees, etc. shall NOT be billed to or collected from the facilities for orders received under this contract.

5.8. Emergency order deliveries shall be delivered within twenty-four (24) hours after receipt of emergency order including weekends and federal holidays. Emergency order placement and emergency delivery on federal holidays is expected to be an infrequent occurrence. Emergency order status is determined by the Government.

Failure of the Contractor to remain current with the delivery schedule and requirements listed in Appendix– Delivery Schedule does not constitute an “emergency” for purposes of charging an emergency delivery fee.

5.9. Inspection and acceptance by VA personnel will be completed at time of delivery.

Deliveries are not considered to be “accepted” unless written verification of such is provided by VA personnel.

6. EMERGENCY DELIVERY REQUIREMENTS:

The Contractor shall provide a written action plan and have protocols in place to ensure compliance with the VA’s requirements under the contract in the event of a declared National or State Emergency which affects the Contractor’s ability to perform. In the event the plan is implemented, the Contractor shall provide notification of implementation of the action plan and protocols within 48 hours of any declared National or State Emergency to the Contracting Officer and COR.

7. CYLINDER INVENTORY AUDITS:

7.1. The Contractor shall provide a detailed inventory method with proposal. The COR will conduct an internal audit at a minimum, a monthly review of inventory to reconcile the number of (cylinders provided by gas supply contractor) on hand in comparison to the number of cylinders listed on the delivery ticket. The monthly cylinder inventory audit must occur for each facility within four calendar days of the expiring month. Monthly audit results may warrant contractor corrective actions. Corrective actions shall be required within two business days. Emergency findings shall be corrected within twenty-four hours of notification.

7.2. The Contractor must perform at a minimum, quarterly cylinder inventory audits.

The Contractor must provide the COR with quarterly audit results. The COR will only sign verified completed audit results. Contractor must maintain suggested PAR levels at each CMSC.

8. REPORTS:

8.1. A tracking system will be provided and maintained by the Contractor. Access to this tracking system will be given to each delegated COR/facility in order for each facility to review their reports when needed. The tracking system shall provide the ability to:

a) Review all legible delivery tickets that have been countersigned by the facility

b) Review all past invoices

c) Review all countersigned and mutually agreed audits

d) Current cylinder counts

9. INVOICES:

9.1. No advance payments shall be authorized. Invoices should be submitted timely and be proper. Invoices must be submitted separately for each location. A proper invoice must include:

e) Name and address of Contractor

f) Facility’s name and address where supply was delivered

g) Invoice date

h) Contract number and Purchase Order (PO) number

i) Contract Line-Item Number (LIN)

j) Name and address of authorized official to whom payment is to be sent

k) Name, title, phone number, email of person to be notified if invoice is defective

10. PERSONNEL:The Contractor shall provide a minimum of one (1) representative for each medical center (Temple and Waco), who shall act as the primary liaison between the CTVHCS and the Contractor in regard to this contract.

10.2. The technician shall be available regardless of inventory method. No later than 20 business days after contract start date, the VA shall be provided with a list of liaisons serving the CTVHCS covered under this contract. The contact list shall include name, phone, and email.

10.3. Technician(s) shall deliver medical gas cylinders daily, Monday through Friday (except on holidays).

10.4. Technician(s) shall receive deliveries on scheduled delivery days.

10.5. Technician(s) shall maintain certification(s) as required by NFPA 99.

10.6. The name of the person shall be designated in writing to the Contracting Officer.

The Contractor’s liaison shall have full authority to act for the Contractor on all matters related to:

a) Daily operations of the contract

b) Assist in resolving invoice issues

c) Assist in resolving delivery issues,

d) Main point of contact for arranging annual auditing of medical gases

11.1. Contractor employees shall conduct themselves in a manner socially acceptable.

Loudness, vulgarity, rudeness, or other similar offensive conduct by an employee of the Contractor will be grounds for denying the employee further access to the VA premises.

11.2. Contractor employees shall always wear visible identification while on the premises of the VA medical facility, warehouse, CBOC, etc.

11.3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

APPENDIX: DELIVERY SCHEDULE:

1. Temple (Deliveries on Tuesday and Thursday) 1901 Veterans Memorial Drive, Temple, TX 76504

2. Austin (Delivery on Monday) (CBOC) 7901 Metropolis Dr, Austin, TX 78744

3. Waco (Delivery on Wednesday) 4800 Memorial Dr, Waco, TX 76711

4. Cedar Park (CBOC) 600 N Bell Blvd, Cedar Park, Tx 78613

5. Brownwood (CBOC) 2600 Memorial Park Dr, Brownwood, TX 76801

6. Palestine (CBOC) 2000 S Loop 256 Ste 124, Palestine, TX 75801

7. Bryan College Station (CBOC) 1722 Broadmoor Dr, Bryan, TX 77802

8. Temple Annex (CBOC) (Delivery Thursday) 4501 S General Bruce Dr Ste 75, Temple, TX 76502-1466

9. LaGrange (CBOC) 202 12th Street, La Grande, 97850-2

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Medical Gas Management Service for Central Texas Veterans Health

Care System in accordance with the Performance Work Statement

(PWS).

Contract Period: Base POP Begin: 04-02-2024 POP End: 04-01-2025

PRINCIPAL NAICS CODE: 541611 - Administrative Management and General Management Consulting Services PRODUCT/SERVICE CODE: Q999 - Medical - Other

Care System in accordance with the Performance Work Statement

(PWS).

Contract Period: Option 1 POP Begin: 04-02-2025 POP End: 04-01-2026

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

Care System in accordance with the Performance Work Statement

(PWS).

Contract Period: Option 2 POP Begin: 04-02-2026 POP End: 04-01-2027

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

Care System in accordance with the Performance Work Statement

(PWS).

Contract Period: Option 3 POP Begin: 04-02-2027 POP End: 04-01-2028

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

Care System in accordance with the Performance Work Statement

(PWS).

Contract Period: Option 4 POP Begin: 04-02-2028 POP End: 04-01-2029

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-4001 SHIP TO: The Department of Veterans Affairs Multiple Locations: See Performance Work Statement

TX

United States

ALL SEE LIN

MARK FOR: Redmond, Cedrick A.

(254) 743-7915 cedrick.redmond@va.gov

36C25724Q0348

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.237-3 CONTINUITY OF SERVICES

JAN 1991

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe;

or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

C.6 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: $1,000,000.00 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.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.9 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems.

C.10 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the Federal, State, and local levels.

(1) Additionally, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:

(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories. These regulations are available at https://www.osha.gov/.

(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.) Copies are available from the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:

(i) Biosafety in Microbiological and Biomedical Laboratories, Centers for Disease Control and Prevention (CDC), available at http://www.cdc.gov/biosafety/publications/index.htm.

(ii) Prudent Practices in the Laboratory, National Research Council, National Academy Press, Washington, DC 20001, available at http://www.nap.edu.

(b)(1) The Contractor shall maintain an accurate record of, and promptly report to the Contracting Officer, all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited by any Federal, State or local regulatory/enforcement agency.

(2) The report shall include a copy of the notice of violation and the findings of any inquiry or inspection, and an analysis addressing the impact these violations may have on the work remaining to be performed. The report shall also state the required action(s), if any, to be taken to correct any violation(s) noted by the Federal, State, or local regulatory/enforcement agency and the time frame allowed by the agency to accomplish the necessary corrective action.

(c) If the Contractor fails or refuses to comply with the Federal, State or local regulatory/enforcement agency's directive(s) regarding any violation(s) and prescribed corrective action(s), the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action (as approved by the Federal, State, or local regulatory/enforcement https://www.osha.gov/ http://www.cdc.gov/biosafety/publications/index.htm http://www.nap.edu/ agencies) has been taken and documented to the Contracting Officer. No part of the time lost due to any such stop work order shall form the basis for a request for extension or costs or damages by the Contractor.

(d) The Contractor shall insert this clause in each subcontract involving toxic substances or hazardous materials. The Contractor is responsible for the compliance of its subcontractors with the provisions of this clause.

(End of Clause)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment…