36C25924Q0408.docx

36C25924Q0408

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26.

TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C25924Q0408 07-22-2024 Mitchael Purdom mitchael.purdom@va.gov 07-26-2024 14:00

CDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 561720 $22 Million N/A X Montana VA Health Care System 1892 William Street Fort Harrison, MT 59636

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

*FAX WILL

NOT BE ACCEPTED*

Please send all responses to:

Mitchael Purdom Contacting Officer mitchael.purdom@va.gov Janitorial Service for Miles City Location Miles City VA CLC/CBOC 210 S Winchester Ave Miles City, Mt 59301 See CONTINUATION Page x X Mitchael Purdom Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C259 Mitchael Purdom Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

PERFORMANCE WORK STATEMENT—JANITORIAL SERVICES

1.0 INTRODUCTION

The Veterans Health Administration (VHA) is the Nation's largest integrated health care system. With a medical care appropriation of more than $47 billion, VHA employs more than 239,000 staff at over 1,400 sites, including hospitals, clinics, nursing homes, domiciliary occupancies, and Readjustment Counseling Centers. In addition, VHA is the Nation's largest provider of graduate medical education and a major contributor to medical research. The mission of the VHA is to honor America's Veterans by providing exceptional health care that improves their health and well-being.

2.0 PERFORMANCE WORK STATEMENT

The Contractor shall provide all management, labor, supervision, training, needed to provide janitorial/aseptic housekeeping services for the Miles City VA Community Living Center (CLC)/Community Based Outpatient Clinic (CBOC) as specified in this Performance Work Statement (PWS). Performance standards shall be according to the requirements contained in this PWS. All work shall be accomplished in accordance with Federal, State, and local regulations. The applicable federal regulations that are included but not limited to are the following: current Joint Commission (TJC) Manuals; Occupational Safety and Health Agency (OSHA); Environmental Protection Agency (EPA) and Hazardous Materials requirements; Center for Disease Control (CDC); and all regulations cited in this contract; all applicable local, state, and federal laws, regulations, codes and directives and industry standards. JCAHO establishes the facility and management standards for VA facilities. The VA is committed to maintaining JCAHO approved health care facilities. The Contractor shall provide the services stated in the PWS at the rates set forth which includes all applicable taxes, assessments, and related charges, including adjustments for it. The Government shall provide all the necessary equipment and supplies to perform such services and all such equipment shall comply with all applicable federal, state, county, and municipal laws, regulations, guidelines and permits.

2.1 LOCATIONS/REQUIREMENTS

Janitorial/aseptic services shall be provided by the contractor for VA hospital within the state of Montana.

Miles City VA CLC/CBOC 210 S Winchester Ave Miles City, Mt 59301

Clean offices, exam rooms, patient rooms, procedure rooms, lobbies, hallways, bathrooms, and staff areas. Approximately a total of 21,964 sq. ft. Contractors will be on site from 7:00am - 3:30pm and from 3:00pm – 11:30pm.

2.2 SERVICES REQUIRED

The contractor shall perform daily cleaning services at Miles City VA CLC/CBOC location to meet the requirements for high quality patient care, sensitivity to proper scheduling to meet medical and patient needs and sanitation for infection control and prevention purposes. Should a contract employee discover any damaged floor, carpet, furniture or equipment, they shall report it to the Contracting Officer Representative (COR) or facility Point of Contact (POC) within one (1) business day of discovery.

General Area Cleaning – All Facilities (Daily) A. Floors – All non-carpeted floors shall be swept, dust mopped, damp mopped, wet mopped, dry buffed and spray buffed as needed to ensure a uniform, glossy appearance and free from visible dirt, debris, dust, scuff marks, heel marks and other stains and discoloration, and other foreign matter. Baseboards, corners, and wall/floor edges shall also be clean. The contractor shall move chairs, trash receptacles and other easily moveable items to maintain floors underneath these items. All moved items shall be returned to their original and proper position.

B. Carpets - Vacuum all carpeted areas and area throw rugs to ensure all are free of visible dirt, debris, litter and other foreign matter. Spot clean any heavily soiled or stained areas.

C. Trash - Remove trash and replace plastic liner. Remove all boxes, cans and papers placed near a trash receptacle marked “TRASH”. Clean interior and exterior of trash receptacle from all dust, dirt and debris as needed to ensure a clean appearance. Remove all trash from the facility upon collection. No trash shall be left unattended in hallways, offices, etc.

D. Drinking Fountains – Clean and sanitize all exterior areas to include fountain nozzle, lever, drain, tub area and radiator vent from all dust, dirt and debris.

E. Interior Glass/Mirrors - Clean all interior glass and mirrors including glass in doors, partitions, walls, display cases, directory boards, etc.

F. Spot Cleaning - General spot cleaning to include removing fingerprints, smudges, streaks, spills, from washable surfaces of all walls, doors, handles, kick plates, light switches and fixtures.

G. Dusting - General dusting of chairs, common areas, cabinets, windowsills, handrails, furniture, vents, etc.

H. Ceilings - Vacuum or damp dust ceilings (as needed) to assure all dust, streaks, and cobwebs are removed. The immediate vicinity of air ducts in acoustical tile ceilings shall be kept clean and free of debris.

I. Exam and Procedure Rooms - Clean and disinfect sinks, counter tops and exam table surfaces, wheels and supports. Replenish paper towel dispensers, soap dispensers and hand sanitizer dispensers. Other items may be added to exam and procedure room cleaning at discretion of COR or facility POC.

J. Patient Rooms/Common Areas – Clean and sanitize all tables, chairs, door handles and light switches removing all dust, dirt, and debris. Sweep and mop hard surface floors. Vacuum carpeted floors. Remove any trash from trash receptacle and replace plastic liner. Other items may be added to patient rooms/common areas at discretion of COR or facility POC.

K. Restrooms – (Daily) - Clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, showers, tubs, shower mats, dispensers, plumbing fixtures, partitions, doors, walls, disposal can for feminine hygiene products and other such surfaces. After cleaning, receptacles will be free of deposits, dirt, streaks and odors. Disinfect all surfaces of partitions, stalls, stall doors, entry doors, (including handles, kick plates, ventilation grates, metal guards, etc.), and wall areas adjacent to wall mounted lavatories, urinals, and toilets.

L. Restroom Supplies – Replenish all toilet paper, paper towels, toilet seat covers, soap, hand sanitizers and feminine hygiene products. Replace batteries when needed in automated dispensers.

M. Linen – Remove all soiled linen from designated hampers and replace fresh bags in hampers. Clean and sanitize interior and exterior of hampers from all dust, dirt, debris and odors as needed to ensure a clean appearance.

N. Miles City CLC Patient Rooms - Clean and sanitize all tables, chairs, door handles and light switches removing all dust, dirt and debris. Sweep and mop hard surface floors. Vacuum carpeted floors. Remove any trash from trash receptacle and replace plastic liner. Isolation cleaning techniques shall be used on all suspected cases as reported by area clinical staff members (contact isolation, enteric isolation, droplet isolation, and airborne isolation cases may be present). Isolation rooms shall be terminally cleaned upon patient discharge/transfer and daily cleaned at a minimum of once per day. Other items may be added to patient rooms at discretion of COR or facility POC.

O. Shredding Waste – All shredding waste shall be handled and disposed of with oversight from COR/Facility POC.

Periodic Cleaning – All Facilities In addition to routine daily cleaning, the following periodic task cleaning shall be performed at the frequencies specified or more frequently if necessary. The contractor shall coordinate a cleaning schedule with the COR or facility POC within one week of award of contract. The exact date the task is to be started and completed must be specified. The COR or facility POC must verbally approve any changes to the contractor’s schedule one week in advance and in writing within two weeks .

A. Floors – (Annual). Strip, Scrub, seal and wax all floors. A non-skid wax is required. Provide a uniform glossy appearance free of scuffmarks, heel marks, wax build-up and other stains and discoloration.

B. Carpets – (Semi-Annual). Shampoo carpets. After shampooing, the carpeted area will be uniform in appearance and free of stains and discoloration. All cleaning solutions shall be removed from baseboards, furniture, trash receptacles, chairs and other similar items. Chairs, trash receptacles and other easily moveable items shall be moved to clean carpets underneath and returned to their original location after carpet is completely dry.

C. Drinking Fountains – (Weekly). Thoroughly clean radiator vent from all dirt and debris.

D. Privacy Curtains – (Semi-Annual or as required). Clean all privacy curtains. After cleaning, all curtains shall have a clean, uniform appearance, free of streaks, spots and other evidence of soil.

E. Interior Window Blinds – (Weekly). Clean all window blinds from dust, dirt and debris. Wash with detergent as required.

F. Window Drapes – (Annual or as required). Vacuum clean all front and back of all drapes removing all dust, dirt and debris.

G. Interior Windows - (Quarterly or as required). Clean all interior windows, window frames and window sills from all traces of film, dirt, smudges, water and other foreign matter.

H. Exterior Windows – (Annual). Clean all exterior windows and window screens on ground level of building up to 10’ from all traces of film, dirt, smudges, water and other foreign matter.

I. High Dusting - (Weekly). Dust all fans, light fixtures, vents, air ducts and all horizontal surfaces below 10’ from the floor. After high dusting, all dust, lint, litter and dry soils shall be removed from all surfaces.

J. Fort Harrison Furniture Moving – contractor staff shall assist COR/Facility POC in furniture moving duties. Facility shall ensure proper equipment and safety while supervising all furniture moving.

2.3 SUPPLIES

The Government shall provide all equipment and cleaning supplies to perform all tasks of the contract. The Government shall provide all toilet paper, paper towels, hand soap, hand sanitizer, toilet seat covers and trash receptacle plastic liners. The Government shall stock enough supplies to ensure employees and patients do not go without product. Supplies shall be stored in designated areas; no overstocking shall be allowed. All materials and cleaning supplies used in the performance of services used in the performance of services under this contract shall follow industry standards, local, state and federal laws, facility policies, and shall be used in accordance with the manufacturer’s recommendations. The Government shall provide Safety Data Sheets (SDS) for all chemicals used to ensure the safety of the occupants and employees that may encounter such chemicals. All SDS shall be easily accessible for anyone needing information about an accidental chemical incident to include janitorial and clinic staff.

2.4 DAILY OPERATION / WEEKENDS / HOLIDAYS

2.4.1 ALL FACILITIES

Miles City VA CLC/CBOC housekeeping operates under a varying shift schedule. The contractor shall provide Monday - Friday service for Miles City VA CLC/CBOC. No weekend or holiday service is required.

Day Shift: 7:00am-3:30pm Mid Shift: 3:00pm-11:30pm

2.4.2 HOLIDAYS

The 11 national holidays observed by the Federal Government are as follows:

New Year’s Day Martin Luther King Day Presidents Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Or any other day specifically declared by the President of the United States to be a National Holiday.

3.0 PERSONNEL

Contractor employees will not be considered or treated as federal employees for any purpose, will not be regarded as performing a personal service, and will not be eligible for civil service employee benefits, including retirement. Contractor employees shall identify themselves as Contractor employees in all communication modes used in performing the services, e.g. email, telephone, verbal. Services furnished by contractor employees will be performed as necessary to fulfill the requirements of this PWS. All Contractor employees shall be trained in the proper janitorial sanitation requirements and that training shall be documented in each employee training records to be viewed by COR upon request. The Contracting Officer reserves the right to request the Contractor to provide another employee if an employee does not obey VAMC directives or does not act in the best interest of the Government. In any site with four (4) or more contract employees the contractor shall designate one of the employees at that station as supervisory or lead. Should a supervisory or lead position vacate the contractor shall fill the supervisory role within two (2) weeks of the last date of the supervisor working at the facility.

All contract staff shall go through the government PIV card process and carry a current card.

3.1 EDUCATION AND TRAINING REQUIREMENTS.

The Contractor shall provide trained contract employees at all the facilities for proper sanitation requirements unique to hospital and clinic settings. Infection control is of paramount importance to the VA. Contract employees shall be educated and trained prior to them beginning work in the knowledge and awareness of housekeeping service requirements for Health Care Services provided by the contractor. The Contractor shall be able to provide certification of all contract employees training records for review by VA Infection Control Nurse, Hospital Safety Office and the COR.

4.0 SPECIAL CONTRACT REQUIREMENTS

NONE

4.1 CONTRACTOR SUBMITTALS

Prior to commencement of any work, the Contractor shall submit to the Contracting Officer:

Quality Assurance Plan Housekeeping Schedule

4.2 EATING, DRINKING, SMOKING, VAPING

4.2.1 Smoking and Tobacco use

Per Veterans Health Administration Directive 1085.01, August 2019, VHA is a smoke free workplace. Smoking is not permitted on VHA grounds. The term smoking includes the smoking of cigarettes, cigars, pipes, and any other combustion of tobacco; and non-Federal Drug Administration (FDA) approved electronic nicotine delivery systems (ENDS), including but not limited to electronic or e-cigarettes, vape pens, or e-cigars. The use of smokeless tobacco is prohibited in all VHA Facilities.

4.2.2 Use of Marijuana

Per the Controlled Substance Act, Marijuana is classified as a Schedule 1 substance and is illegal under federal law. The Possession, Sale, distribution, or use of Marijuana is strictly prohibited on Federal property.

4.2.3 Eating and Drinking

Eating and Drinking is allowed only in approved designated areas.

4.3 INTERFERANCE TO NORMAL FUNCTIONS

Contract employees are required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of patients, personnel, equipment and carts. In the event of an emergency (i.e., flood, sewer backup, etc.) the COR or facility POC may require the contractor to initiate an emergency callback for within scope disaster remediation assistance.

4.4 DISPOSAL OF HAZARDOUS WASTE

Contract employees shall not dispose of any chemical containers, or any other materials contaminated by the cleaning chemicals in any location except as specified by the COR or facility POC. Contract employees shall contact the COR or facility POC if hazardous waste is encountered or suspected conspicuously in trash receptacles.

5.0 QUALITY CONTROL / ASSURANCE

The Contractor is responsible for ensuring services are performed in accordance with PWS requirements. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum, the contractor shall develop quality control procedures addressing the following areas:

An inspection system covering all performance requirements specified in the contract. A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

A file of all inspections conducted by the Contractor Supervisor and the corrective action taken. This documentation shall be made available to the Government during the term of the contract. All aspects of the contract work and performance will be in total compliance with JCAHO and OSHA requirements and other regulatory agencies.

Facility POC and/or COR shall audit Contractor quality assurance plan in addition to performing reasonable random independent inspections.

5.1 QUALITY ASSURANCE EVALUATION PLAN – CONTRACTOR

The Contractor shall develop a Quality Assurance Plan for all work performed under this contract. The Contractor’s Quality Assurance Plan shall be submitted to the COR and Contracting Officer no later than ten (10) calendar days from the date of the contract award for review/approval. The contractor shall conduct detailed, written inspections of at least 5% of the area of responsibility listed in the PWS on a weekly basis. The Contractor’s supervisor, manager and employees shall review the written inspection. Discrepancies shall be corrected within one (1) workday. A copy of the inspection report shall be provided to the COR or facility POC.

5.2 QUALITY ASSURANCE EVALUATION PLAN – GOVERNMENT

The COR or facility POC shall monitor the Contractor’s performance under this contract on a daily basis. The COR or facility POC along with the Contractor’s supervisor shall jointly conduct an informal inspection of all areas covered in the contract quarterly.

6.0 SAFETY / INFORMATION SECURITY

The Contractor shall display appropriate warning signs in all areas where housekeeping operations may cause traffic obstructions or personal hazard conditions. The cleaning of lobbies and corridors resulting in a temporarily wet or slippery floor surface shall be accomplished so that it will not be necessary for personnel or patients to cross the wet surface to gain access to other areas. Contract employees shall interrupt their work at any time to allow passage of hospital patients, personnel, equipment or carts.

6.1 INFORMATION SERCURITY

The C&A requirements do not apply, a Security Accreditation Package is not required. Incidental exposure to protected health information may occur from accessing the work site. Staff will follow all Privacy & Security policies and procedures.

7.0 PROPERTY DAMAGE / LOSS

All tasks completed by the Contractor employees shall be performed to preclude damages or disfigurement of any Government owned furnishings, fixtures, equipment, and architectural or building structures. The contractor will report any damage or disfigurement to these items caused by the Contractor. This report will be provided to the COR or facility POC. The Contractor shall be held responsible for replacing or paying for the replacement of any government owned furnishings that are damaged from the result of the Contractor’s employee.

The Government shall not be held responsible for any of the Contractor’s property that may be damaged, lost or stolen. The contractor shall report any damage or disfigurement to these items caused by the Contractor within one (1) business day. Damage caused by the Contractor resulting in catastrophic failure or emergency situation shall be reported immediately to the COR of facility POC.

8.0 GOVERNMENT FURNISHED PROPERTY (GFP) AND SERVICES

Contractor shall clean, sanitize and maintain all GFP interior and exterior from all dust, dirt, debris, stains and odors as needed to ensure a clean appearance. Contractor shall maintain appropriate distilled water levels in batteries of floor scrubbers as needed.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Janitorial Services for the Miles City Community Living Center (CLC approximately 21,964 sq. ft.

Contract Period: Base POP Begin: 08-01-2024 POP End: 07-31-2025

Janitorial Services for the

Living Center (CLC approximately 21,964 sq. ft.

Contract Period: Option 1 POP Begin: 08-01-2025 POP End: 07-31-2026

Janitorial Services for the

Living Center (CLC approximately 21,964 sq. ft.

Contract Period: Option 2 POP Begin: 08-01-2026 POP End: 07-31-2027

B.3 Contractor Payments

Contractor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Access the web site for more invoicing instructions: https://www.fsc.va.gov/einvoice.asp

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov Payment requests may be impacted, along with the active status of the contract, if contractor fails to maintain SAM registration, has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract. Refer to FAR clause 52.204-13 for compliance requirements.

36C25924Q0408

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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:

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 three (3) years.

(End of Clause)

C.4 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.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

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

(1) Means a small business concern—

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

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

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

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(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)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database 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 certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6.