36C25924Q0317.docx

36C25924Q0317

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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

36C259-24-AP-1217

36C25924Q0317 03-22-2024 Edward Emerson 303-712-5720 04-04-2024 10am

MDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 492210 $34 Million N/A X Rocky Mountain Regional VAMC 1700 N. Wheeling 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 provide Courier Services for Southern Colorado Community Based Outpatient Clinics in accordance with the Statement of work.

This Request for Quote (RFQ) is 100% set aside for SDVOSB only.

See CONTINUATION Page X X Sarilynn Thomas Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

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, Contract Specialist 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: May 1, 2024 through October 31, 2024 Option Year 1: November 1, 2024 through October 31, 2025 Option Year 2: November 1, 2025 through October 31, 2026 Option Year 3: November 1, 2026 through October 31, 2027 Option Year 4: November 1, 2027 through October 31, 2028

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B.2 STATEMENT OF WORK

Courier Services for the Eastern Colorado Health Care System

The contractor shall provide all labor, supervision, and equipment and transportation services necessary to provide routine daily transport of diagnostic specimens, blood products, medical records, non-narcotic pharmaceuticals, medical supplies, inter-office communications, Durable Medical Equipment (DME), Reusable Medical Equipment (RME) and miscellaneous packages. This shall include sterile and non-sterile RME. Weights of individual packages will vary, between approximately 1 to 50 lbs. All required packaging will be accomplished by VA staff in compliance with any applicable hazardous shipping requirements prior to pick-up.

Additional Description of Items: Items may include, but are not limited to:

Blood Samples – to be transported in a secure container suitable for blood and laboratory sample transportation in accordance with DOT Regulations.

Clinic and office/medical supplies such as paper, pens, specimen cups, small amounts of linen, syringes, suture removal kits and miscellaneous paperwork/records.

All etiologic samples must be transported in accordance with all Federal, State and local regulations. Also, contract driver must submit evidence of annual training on the OSHA Blood Borne Pathogens Standard 29 CFR 1910.1030.

The awarded contractor, prior to the start of services, will be required to furnish the following:

1. Written certification of couriers’ successful completion of hazardous materials transport training in accordance with applicable Department of Transportation (DOT) regulations in effect at the time of this solicitation.

2. A signed Business Associate Agreement in conformance with HIPAA privacy requirements.

These services shall be performed – Mondays through Saturday, with exception of the following Federal Holidays:

*And any other day declared by executive order of the President of the United States.

3. The Contractor shall provide a driver, moving dolly/cart, and a utility van/truck large enough to support DME and other products for pick-up and delivery to locations listed below.

4. ROUTES

DENVER ROUTE:

Begins at 8:30am: Pueblo CBOC, 4776 Eagleridge Circle, Pueblo, 81008 TO Pueblo Community Living Center (CLC), 2600 Oakshire, Pueblo, 81001 TO Colorado Springs CBOC, 3141 Centennial Blvd, Colorado Springs, CO 80907 TO Air Force Academy, 4102 Pinion Way, Room 1551, CO 80840 TO Eastern Colorado Health Care System (ECHCS), 1055 Clermont St, Denver, CO 80220 RETURN TO (Air Force Academy-once a week) and Colorado Springs CBOC and Pueblo CBOC (Should arrive at RMR VAMC by 1300 excluding extenuating circumstances such as delay due to traffic accident or weather)

Slides may be sent to the Colorado Springs CBOC for delivery to the Dermatology Clinic. They will also need to pick-up the slides from the Colorado Springs Dermatology Clinic as needed for delivery to RMR VAMC Laboratory.

There is an empty box pick-up at 1000, any available prepared slides shall be sent with that pick-up to be taken to the Colorado Springs CBOC, Dermatology Clinic.

2ND DENVER ROUTE:

Begins at 2pm: Pueblo CBOC, 4776 Eagleridge Circle, Pueblo, 81008 TO Colorado Springs CBOC, 3141 Centennial Blvd, Colorado Springs, CO 80907 TO ECHCS, 1055 Clermont St., Denver, CO 80220 Return to Pueblo (This is the 2nd route to Denver and starts at 2pm from Pueblo) (should arrive at RMR VAMC by 1800 excluding extenuating circumstances such as delay due to traffic accident or weather.) They will also need to pick-up the slides from the Colorado Springs Dermatology Clinic as needed for delivery to RMR VAMC Laboratory.

ALAMOSA ROUTE:

Begins 8:30am: Space Center VA Clinic, 565 Space Center Dr., Suite 130, Colorado Springs, CO 80915 TO Alamosa Community Based Outpatient Clinic (CBOC), 622 Del Sol Drive, Alamosa, CO 81101 (Monday-Thursday) IAW SOW. THEN Return to the Space Center Clinic to drop off. (Needs to return to Space Center Clinic NLT 130pm)

BURLINGTON ROUTE:

Begins at 8am: Union Blvd VA Clinic, 3920 North Union Blvd., Premiere Health Plaza, Suite 200, Colorado Springs, CO 80907 TO Burlington CBOC, 1177 Rose Avenue, Burlington, CO 80807 (Monday-Thursday) IAW SOW. (return to Colorado Springs NLT 1:30pm)

LAMAR ROUTE:

Begins 8:30am: Space Center VA Clinic, 565 Space Center Dr., Suite 130, Colorado Springs, CO 80915 TO Lamar Community Based Outpatient Clinic (CBOC), 1401 S main St., Suite 2, Lamar, CO 81052 (Monday-Thursday) IAW SOW. THEN Return to the Space Center Clinic to drop off. (Needs to return to Space Center Clinic NLT 130pm)

LAJUNTA ROUTE:

Begins 8:30am: Space Center VA Clinic, 565 Space Center Dr., Suite 130, Colorado Springs, CO 80915 TO La Junta Community Based Outpatient Clinic (CBOC), 1100 Carson Ave. #204, La Junta, CO 81050 (Monday-Thursday) IAW SOW. THEN Return to the Space Center Clinic to drop off. (Needs to return to Space Center Clinic NLT 130pm)

PUEBLO/CO SPRINGS CBOC DENTAL:

(2nd Pick up begins at 4:30pm) Pueblo CBOC, 4776 Eagleridge Circle, Pueblo, CO 81008 TO ECHCS, 1055 Clermont St, Denver, CO 80220 (Monday – Friday) (After return from Denver VAMC – the courier is completed until next day).

SALIDA ROUTE:

Begins at 9am: Garden of the Gods Clinic, 1365 Garden of the Gods Rd., Suite105, Colorado Springs, CO 80907 TO Salida Primary Telehealth Outpatient Clinic (PTOC), 920 Rush Drive, Suite #B, Salida, CO 81201 (Monday-Thursday) IAW SOW. (Needs to return to Pueblo NLT 1:30pm)

SATURDAY ROUTE (COLORADO SPRINGS TO DENVER):0007

Begins at 3pm: Colorado Springs CBOC, 3141 Centennial Blvd, Colorado Springs, CO 80907 TO Denver Eastern Colorado Health Care System (ECHCS), 1055 Clermont St, Denver, CO 80220 (Saturday – 1x/day)

PENROSE-St Francis Hospital (Centura Health) ROUTE:

(Start 10:30am) Penrose-St. Francis Hospital (Centura Health), 2222 N Nevada Ave, Colorado Springs, CO 80907 TO (11:00am) Colorado Springs CBOC, 3141 Centennial Blvd, Colorado Springs, CO 80907 (Begin at 4pm) Colorado Springs CBOC, 3141 Centennial Blvd, Colorado Springs, CO 80907 TO (End the day approx. 5:00pm) Penrose-St. Francis Hospital (Centura Health), 2222 N. Nevada Ave, Colorado Springs, CO 80907 (3x/day)

PUEBLO CBOC DENTAL:

(2nd Pick up begins at 4:30pm) Pueblo CBOC, 4776 Eagleridge Circle, Pueblo, CO 81008 TO ECHCS, 1055 Clermont St, Denver, CO 80220 (Monday – Friday) (After return from Denver VAMC – the courier is completed until next day)

COLORADO SPRINGS CBOC (Urology Clinic) (Begin at 12pm) Colorado Springs CBOC, 3141 Centennial Blvd, Colorado Springs, CO 80907 to ECHCS, 1055 Clermont Street, Denver CO 80220 deliver to the Sterile Processing Service (Room BA-100)and pick up anything that needs to go back to Colorado Springs CBOC. Start 4PM Colorado Springs CBOC, 3141 Centennial Blvd, Colorado Springs, CO 80907 to ECHCS, 1055 Clermont Street, Denver CO 80220 delivers to the Sterile Processing Service (Room BA- 100).

Locations, Times and frequency are subject to change to meet mission parameters as needed. However, all locations will need courier services as specified, each day.

I. REQUIREMENTS:

A. Insurance – The Contractor shall meet all requirements of Federal, State and City code regarding operation of this type of business. The contractor shall be responsible for protecting the personnel furnishing the services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel, as a minimum: workers’ compensation, income tax withholding and social security payments. The parties agree that contractor personnel shall not be considered VA employees for any purpose and shall be considered employees of the contractor. Contractor must possess at least the minimum amount of liability insurance for operation of courier services within the State of Colorado.

B. If the contractor fails to furnish the required services within the time frames established, the Department of Veterans Affairs reserves the right to obtain the service from another source and to charge the contractor with any excess cost.

II. QUALIFICATIONS:

A. Offers shall be considered only from offerors who are regularly established in the business called for and who are financially responsible and have the necessary equipment and personnel to furnish services in the volume required for all the items under this contract. Successful offeror shall meet all requirements of Federal, State or city codes regarding operations of this type of service. Contractor shall be capable of providing services to and from all sites listed.

B. Each offeror shall submit, with the offer, a letter in duplicate fully describing the make of vehicles, model and year which he/she agrees to furnish under this quote including the location and telephone numbers of his/her establishment where calls are received and vehicles are immediately available for dispatch.

C. The right is reserved to thoroughly inspect and investigate the establishment, facilities, business reputation and other qualifications of any bidder and to reject any bid, irrespective of price, that shall be administratively determined lacking in any of the essentials necessary to assure acceptable standards of performance.

III. DRIVERS/ATTENDANTS:

A. A record of each employee as to character and physical capabilities of performing the duties of a courier shall be maintained and made available for inspection upon request.

B. The contractor shall maintain written documentation that issues related to transport of biohazardous materials have been addressed and keep a copy of the written documentation at contractor’s site. The Contractor shall ensure that all employees complete the mandatory training required to provide this courier services. Upon request, the contractor shall provide written documentation that the courier driver has received the training.

C. Employer shall provide proof that Hepatitis B vaccine has been offered to employees in accordance with the OSHA Blood Borne Pathogens Standard, 29 CFR 1910.1030.

D. All drivers shall have attained legal age (the age of 21 years) and shall maintain neat, clean and professional appearance. Drivers shall be licensed in accordance with the federal, state, and local transportation authorities, to include any special licensure/permission required for the transporting of medical specimens and must provide the COR or Point of Contact (POC) copies of this documentation.

E. Driver shall not make non-emergent stops, for any reason, during the transport of items under this contract.

F. Employee Clothing and Identification: All contractor delivery personnel shall wear distinctive clothing bearing the contractor’s company name. All drivers shall be easily recognized as contractor employees by wearing appropriate identification which identifies them by name, title, and job performed.

G. Contractor Personnel: Contractor shall be completely responsible for all actions of their employees. All contractor personnel employed in the performance of this contract shall comply with all Veterans Administration (VA) building regulations, policies, and guidelines while on the premises. Contractor shall consider the clinical environment and instruct/train personnel in applicable safety precautions and special requirements. These requirements may include but are not limited to such conditions as human secretions, blood, barium, etc. Contractor personnel shall take appropriate precautions while performing duties applicable to this contract.

H. Vehicle: Vehicles used in the performance of this contract shall be licensed and meet all minimum vehicle requirements as mandated by the Department of Transportation, to include Insurance.

I. Liability - Worker’s and Employer’s Liability: Contractor shall comply with applicable Federal and State workers’ compensation and occupational-disease status. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance. Certifications of Insurance shall be received before start work.

J. Limitations: Under no circumstances shall any person other than the driver or another employee of the contracting agency ride in a vehicle or handle items being transported.

K. Security: While on VA grounds, contractor shall secure vehicles when left unattended. If vehicle must be left unattended with motor running, a second set of keys will be necessary, so that vehicle can be securely locked.

L. This contract is subject to the wage determination as set forth by the Department of Labor, and the applicable wage determination is included as an Attachment.

IV. QUALITY MEASURES

Acceptable delays: Severe weather as evidenced by severe weather warnings by the National Weather Service along regular delivery route and school or public event cancellations of postponement within 5 miles of regular delivery route are excusable delays.

V. CONFIDENTIALITIY

Confidentiality of Information: The Contractor shall ensure the confidentiality of all patient information being transported and will be held liable in the event of breach of confidentiality.

HIPAA Compliance - Health Insurance Portability and Accountability Act of 1996: The Contractor shall be required to be in compliance with HIPAA requirements and will be required to sign a Business Associate Agreement with the VA (enclosed) and returned to the Contracting Officer.

VI.

Specific Tasks Changes to the schedule shall be determined by ECHCS based on need with concurrence of the Contracting Officer.

Task 1 - Pick-up and delivery of Sterile RME The contractor shall transport both sterile and non-sterile RME between the designated locations and in a temperature-controlled vehicle, regulated and set between 66°F to 72°F.

The contractor shall load any sterile RME from the sterile processing department at Penrose-St Francis Hospital and transport to the Colorado Springs CBOC by 11:00am MST Monday through Friday. Sterile RME shall be delivered to the Women’s Clinic on the second floor and the Dental Clinic on the third floor. Sterile RME for Audiology is included in the transport bins for Dental.

The contractor shall load the bins into and transport in the approved vehicle meeting all requirements.

Task 2 – Pick-up of Non-Sterile RME During the same visit to the Colorado Springs CBOC in which sterile RME is delivered (by 11:00am MST M-F) to the Women’s Clinic on the second floor and the Dental Clinic on the third floor, the contractor shall also pick-up the non-sterile RME from these two locations. Non-sterile RME for Audiology is delivered by Audiology to the Dental Clinic.

The contractor shall transport the non-sterile RME from the Colorado Springs CBOC to the sterile processing department at Penrose-St Francis Hospital.

The contractor shall load the bins into and transport in the approved vehicle meeting all requirements (see Contractor Requirements).

Task 3 – Pick-up and Transportation of Non-Sterile RME The contractor shall return to the Colorado Springs CBOC to pick-up all non-sterile RME from the Women’s Clinic and Dental Clinic no later than 4:15pm MST Monday through Friday. Non-sterile RME from Audiology will be included in the Dental pick-up.

The contractor shall transport the non-sterile RME from the Colorado Springs CBOC to the sterile processing department at Penrose-St Francis Hospital.

The contractor shall load the bins into and transport in the approved vehicle meeting all requirements.

VII.

Contractor Requirements and Responsibilities Contractor Requirements:

· Qualified driver

· Ability to transport sterile and non-sterile RME to and from Colorado Springs CBOC location to the sterile processing department at Penrose Hospital; as well as to and from the sterile processing department of Penrose Hospital to the Colorado Springs CBOC location. Loading and unloading of the vehicle.

· Registered vehicle that passes all inspections and meets the following requirements:

· Follows all transportation requirements set forth by the Department of Transportation.

· Transport of up to 2 large and 5 small bins of sterile or non-sterile RME per visit to and from the designated locations.

· Temperature controlled vehicle, regulated and set between 66°F to 72°F

· Documentation of temperature every time bins are picked-up and/or dropped off on VA provided form.

· Temperature documentation turned into COR or designated ECHCS employee daily.

· All items that are being transported shall not be exposed to the environment to prevent contamination. All items should be transported in an enclosed vehicle. (i.e., no open truck beds but can use closed camper shell)

B.3 SCHEDULE OF SERVICES

BASE YEAR 1

Total cost

OPTION YEAR 1

Total cost

OPTION YEAR 2

Total cost

OPTION YEAR 3

Total cost

OPTION YEAR 4

Total cost

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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:

(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 30 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 5 years and 6 months.

(End of Clause)

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

Funds are not presently available for performance under this contract beyond September 30. 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 September 30, 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.5 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. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

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

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders…