36C25923R0089 Updated Solicitation.docx

36C25923R0089

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

36C25923R0089 06-27-2023 Edward Emerson 303-712-5720 07-18-2023 10am

MDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

541620 $16.5 Million

N/A

Department of Veterans Affairs Rocky Mountain Region VA Medical Center 1700 N. Wheeling Street Aurora CO 80045 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page The contractor shall perform Solid Waste and Recycling Support services for the Rocky Mountain Regional VA Medical Center

Period of Performance is:

Base year: 9/1/2023 through 8/31/2024

See CONTINUATION Page

Table of Contents

B.1 CONTRACT ADMINISTRATION

(continuation from Standard Form 1449, block 18A.)

B.1.1. Contract Administration: All contract administration matters will be handled by the following individuals:

B.1.1.1. CONTRACTOR: Name:

B.1.1.2. GOVERNMENT: Edward Emerson, Contracting Officer Department of Veterans Affairs Rocky Mountain Network NCO 19 Contracting 6162 S. Willow Drive, Suite 300 Greenwood Village, CO 80111 Telephone: 303-712-5720

FAX: 303-712-5850

E-mail: Edward.Emerson@va.gov NCO19Services1@va.gov

B.1.2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

B.1.3. GOVERNMENT INVOICE ADDRESS: Invoices shall be submitted in arrears:

c. Other [X] MONTHLY IN ARREARS B.1.4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically to the VA Financial Services Center for payment processing, free of charge. For any questions about the e-invoicing program, please contact the FSC at the phone number or email address listed below:

1. Tungsten e-Invoice Setup Information: (877) 752-0900

1. Tungsten e-Invoice email: USClientServices@ob10.com

1. FSC e-Invoice Contact Information: (877) 353-9791

1. FSC e-invoice email: vafsccshd@va.gov

1. The following two codes will be required when creating a vendor profile:

Buyer Number AAA544240062 Promo Code: VAPC7Y18 B.1.5. SAM Unique Identifier: Please provide the Unique Entity ID assigned to your firm in the space provided:

B.1.6. TAX IDENTIFICATION NUMBER: Please provide the tax identification number to be utilized for this contract:

B.1.7. PERIOD OF PERFORMANCE: Services required herein shall be for the following time period:

Base Year: September 1, 2023 through August 31, 2024

B.2 STATEMENT OF WORK

Rocky Mountain Regional VA Medical Center Solid Waste and Recycling Survey

1.0 PURPOSE

In order to effectively manage wastes for government owned buildings, it is important to have a full understanding of the waste streams and disposal options and to implement and or improve existing recycling programs. The Rocky Mountain Regional VA Medical Center (RMRVAMC) desires to survey the waste disposal processes at 1700 North Wheeling Street, Aurora CO for recycling opportunities. The purpose of these surveys is to help RMRVAMC determine the most cost-effective methods to manage recycling materials, develop strategies to minimize waste generated in its facilities, established a realistic and obtainable diversion rate, verify vendor collection data regarding recycled material collected. The results of these surveys shall help us develop strategies to meet these goals, determine if this goal is attainable and assess cost-saving measures. This is not a summary of available information relating to the topic of healthcare recycling, but a study specifically tailored to RMRVAMC on how it can succeed with recycling and waste minimization. After successful completion of the survey, the Contracting Officer may select the Contractor to partner with RMRVAMC on implementation of the survey’s outcomes.

2.0 BACKGROUND

RMRVAMC has an existing comingled/single stream recycling program. RMRVAMC desires to recycle all plastics including hard plastics (2, 3, 4, 5 & 6), except for plastic bags, but including blue wrap; mixed paper; cardboard; clean (non-infectious) medical wastes from treatment rooms; metals including aluminum, copper, brass and steel cans; food waste, glass, Styrofoam, and wooden pallets. Excluding metals, these materials are transferred from areas within the hospital to 40-yard cubic yard compacted containers located next to the municipal solid waste container. We’ve also got a large capacity autoclave for regulated medical waste treatment prior to disposal which needs evaluation to be brought on-line. This study shall also determine the feasibility of recycling based on the regional market demand, available resources at RMRVAMC for recycling to include equipment, in-house manpower, and an estimated cost for recycling for the RMRVAMC.

· Building C (#01 – Concourse; CON) - 149,018 gross square feet (GSF)

· Building B (#02 – Research; RES) - 60,790 GSF

· Building D & F (#03 - Diagnostic and Treatment; DAT) - 323,058 GSF

· Building D: DAT South

· Building F: DAT North

· Building H (#04 – Inpatient Building South; IBS) - 126,075 Gross Square Feet (GSF)

· Building K (#05 – Inpatient Building North; IBN) - 129,760 GSF

· Building L (#06 – Energy Center; ENC) - 52,736 GSF

· Building G (#08 – Clinic Building North; CBN) - 100,177 GSF

· Building E (#09 – Clinic Building Center; CBC) - 100,177 GSF

· Building A (#10 – Clinic Building South; CBS) - 128,811 GSF

· Building PE (#11 – Parking Staff North; PSN) - 410,237 GSF

· Building PN (#12 – Parking Visitor North; PVN) - 387,281 GSF

· Building PS (#13 – Parking Visitor South; PVS) - 167,699 GSF

· Fisher House - 28,000 GSF

· Building Post-Traumatic Stress Disorder (#14 - PTSD) - 15,000 GSF

· Building P (#15 - Bio-Science East; BSE) - 25,000 GSF

3.0 OBJECTIVES

This contract has the following objectives:

3.1 Attain better knowledge of current recycling efforts at the RMRVAMC by conducting a waste survey including generation levels and waste diversion practices

3.2 Identify efficient methods for collection, storage and transfer of recycled material as well as recommended staff service for execution of this function in the recycling program

3.3 Determine a realistic and attainable diversion rate which is based on the types and amount of each recyclable generated; the staff time and storage space available to collect and hold recyclables prior to shipment; what staff service at the hospital would be the best one to collect these wastes; and the logistics and cost to transport recyclable type to the nearest Material Recovery RMRVAMC (MRF)

3.4 Identify any recycling opportunities in the local community and materials that shall be hard to recycle due to lack of market demand, but are already part of the hospital’s waste stream

3.5 Identify factors, and their potential effects on the hospital’s recycling efforts, contributing to the recyclability of certain waste such locations of MRFs, local initiatives supporting recycling, local regulations requiring recycling, local demand for recyclable materials in support of a circular economy, etc.

3.6 Determine costs or revenue per unit weight for reach recyclable category using current and projected (3 years) market value. Provide spreadsheet in Excel format for calculating these values to assist hospital in determining these values in the future.

4.0 PERFORMANCE WORK STATEMENT

4.1 Contractor shall conduct a comprehensive survey of recycling practices which could, and are currently, being used at the RMRVAMC as well as the practicality of each one. Its specific focus shall be on healthcare recycling at RMRVAMC. This survey shall include market analyses of recycling given the geographical location and operational limitation of the RMRVAMC such as collection sites and support of recycling efforts, regional infrastructure available to accept and process recyclables, end market demand for recyclables.

4.1.1 It is foreseeable that the survey shall involve multiple conference calls to gather RMRVAMC waste data and to gain acknowledge of the historical recycling efforts and diversion rate; current recycling contracts; recycling issues and recycling education at RMRVAMC, etc.

4.1.2 Conference calls are expected to occur prior to the site visit, follow up from the site visit and a final call to discuss report findings and recommendations.

4.2 Contractor shall develop written draft/final reports and survey from the recycling survey, previous relevant waste collection data and diversion rates, including but not limited to recommendations for improving the economy and efficiency of recycling collection, storage, transfer and disposal.

4.3 From the waste stream survey at the hospital, the contractor shall provide survey of local recycling markets including survey of and recommendations for recycling options providing the lowest cost or highest revenue possibilities for the medical center by conducting a feasibility study.

4.4 The contractor shall identify factors contributing to the recyclability of certain waste such locations of MRFs, local initiatives supporting recycling, local regulations requiring recycling, local demand for recyclable materials in support of a circular economy, etc. and use this information to justify a realistic diversion rate.

4.5 The contractor shall provide recommendations and strategies to improve waste diversion rates in all areas of RMRVAMC.

4.6 Information to be included in each report (as a minimum) is as follows:

4.6.1 Conduct Visual Survey of occupied spaces and verify that occupants have access to containers for recyclable items, verify size and number of outside recycling containers provided by waste haulers.

4.6.2 Perform a representative sample of each waste type (solid waste and recycling class) to include the weight of each bag and percentage of contamination. This would be a small sample size to capture the extent contamination is an issue at the point of collection.

4.6.3 Conduct a visual inspection for appropriate signage for recyclable items.

4.6.4 Identify if the RMRVAMC/building has an operating scale appropriate for weighing recyclables and how the scale could be used by the waste hauler. As the current scale is mostly used for weights of incoming and outgoing clean medical supplies, a portable system could be considered which can be relocated when not in use at the recycling area.

4.6.5 Identify and document any other waste streams such as shredded paper, precious metals, reusable sharps containers, etc. that is not captured by RMRVAMC, and strategy for their utilization in recycling if possible. Note the status of each one, Service managing collection. Consider if it should be included under one contract together or accomplished as separate, smaller contracts.

4.6.6 Provide photos of contamination in the recycling containers in occupied space, and composition of contaminants found during the physical waste survey to be used for education purposes.

4.6.7 Provide photos of locations where a recycling bin would be most appropriate and the type of waste collection bin to be used.

4.6.8 Provide recommendations and best practices to improve the facilities current waste diversion rate. Include in the discussion tenant outreach, education and signage. For example, commonly misplaced items.

4.6.9 Identify local vendors who offer recycling services available to the hospital that are not currently collected at the RMRVAMC. And also, their feasibility for working with the VA such as being an SDVOSB and recommend strategies for doing business with them.

4.6.10 Provide findings and recommendations for tenant outreach, diversion strategies and right sizing vendor supplied bins for efficiency and cost savings specific to RMRVAMC.

4.6.11 Identify waste minimization efforts already in use at the RMRVAMC and others for implementation at the RMRVAMC.

4.6.12 Provide site plan for where each recycling container (and type) would be installed to include a waste flow-plan with recommendations for staff services providing collection at each point.

4.7 The reports shall be comprehensive with the following headings (as a minimum)

4.7.1 Content.

4.7.2 Executive Summary

4.7.3 Introduction.

4.7.3.1 Purpose of Survey.

4.7.3.2 Local Solid Waste and Recycling Regulations.

4.7.3.3 Waste Survey Strategy.

4.7.4 RMRVAMC Information.

4.7.4.1 Tenant Agencies located at the RMRVAMC.

4.7.4.2 Total Building Occupancy/Healthcare occupancy levels & care offered that the medical center including operating rooms

4.7.4.3 Vendor supplied recycling collection equipment.

4.7.4.4 Recycling collection equipment supplied by the RMRVAMC and usability on contract.

4.7.4.5 Location of recycling collection equipment at RMRVAMC.

4.7.5 Waste Survey for RMRVAMC.

4.7.5.1 Solid Waste – yearly generation rate by volume and weight

4.7.5.2 Recycling – Comprehensive list of recycled material, yearly generation rate by weight for each recycled material

4.7.5.3 Contamination Rates.

4.7.5.4 Waste minimization efforts proposed or already underway.

4.7.6 Market Research.

4.7.6.1 Current vendors for recycling within the regional market that could possibly partner with RMRVAMC

4.7.6.2 Local vendors with additional services currently not available at the RMRVAMC emphasizing recycling

4.7.6.3 Cost/revenue for the various recyclables collected at the RMRVAMC based regional market and project for next 3 years (provide working Excel format spreadsheet with calculations) – an on-line database isn’t acceptable.

4.7.6.4 Identify factors contributing to the recyclability of certain waste such locations of MRFs, local initiatives supporting recycling, local regulations requiring recycling, local demand for RMRVAMC specific recyclable materials in support of a circular economy, etc. and use this market research to justify a realistic diversion rate.

4.7.7 Findings/Recommendations.

4.7.7.1 Overall linked implementation strategic plan for RMRVAMC incorporating each stakeholder, interactions in their position and activities in priority order

4.7.7.2 Current waste diversion activities at the RMRVAMC.

4.7.7.3 Site plan for recommendations using floor plans provided by RMRVAMC.

4.7.7.4 Identify best practices specific to RMRVAMC.

4.7.7.5 Recommend improved solid waste diversion strategies.

4.7.7.6 Recommend a realistic and obtainable diversion rate based on the site survey, current generation rates and collection at the RMRVAMC and market research.

4.8 The surveys shall be completed, and a draft report provided to Rocky Mountain Regional VA Medical Center GEMS Program Manager, VISN GEMS Program Manager, Contracting Officer Representative (COR) within ninety (90) calendar days of award of this annual task order, unless additional time is authorized by Contracting Officer (CO).

5.0 DELIVERABLES

The contractor shall provide an electronic copy of final report(s) within 14 days of the Government review and comments on the draft reports. The government shall have a period of no more than thirty (30) calendar days from receipt of the draft report to review and comment. If review and comment is not completed within 30 calendar days, the draft report shall be considered as the final report.

6.0 GOVERNMENT FURNISHED INFORMATION

RMRVAMC shall provide the following:

6.1 A staff contact person(s) to escort contract personnel throughout each building until the contractor has required security clearances and badge access

6.2 Proper Building Identification/passes

6.3 Contact information for relevant personnel

6.4 A description of the building and its tenants

6.5 Floor layout for the building (simple)

6.6 Previous Solid Waste and Recycling Data Reports for the past three years

6.7 Monthly Waste and Recycling Invoices for the past 18-24 months

6.8 Estimated building occupancy count

More detailed information can be provided to the selected contractor upon request.

7.0 PERFORMANCE MEASURES AND QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Government shall use the methods outlined in the QASP, below to perform surveillance of the contractor performance:

9.0 EVALUATION OF CONTRACTOR PERFORMANCE

Contractor performance shall be reviewed to determine whether the Contractor continues to provide good value to the government. The final report shall be evaluated to determine if the Contractor and SOW (adjusted to VA station unique conditions) can be utilized at additional VHA facilities in the future.

10.0 CONTRACTOR AND SUBCONTRACTOR EVALUATION

If the Contractor’s work is determined unsatisfactory, the Government shall conduct a formal review during the progress of the work. The Contractor shall be held fully responsible for the adequacy of the sub-contractor performance(s) and submission(s), and corrections at no additional cost to the government. Further, before substitution of any subcontractor under this procurement, the Contractor shall obtain the acceptance of the Contracting Officer (CO). The Contractor shall furnish all information required by the CO for the vetting process.

B.3 PRICE SCHEDULE

COST

TOTAL COST

Period of Performance:

09/01/2023 – 08/31/2024

TOTAL COST ALL CLINS,

BASE PLUS OPTION YEARS $

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

(End of Addendum to 52.212-4)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed one (1) year.

(End of Clause)

C.4 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.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 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 30 September of any Fiscal Year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September of any Fiscal Year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.7 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

52.204-18

52.223-6

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

DRUG-FREE WORKPLACE

AUG 2020

MAY 2001

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 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[] 852.203–70, Commercial Advertising.

[X] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[X] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

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

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

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

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

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

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