36C25926Q0075_1.docx

36C25926Q0075

GENERAL INFORMATION

Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

POINT OF CONTACT*

Charles Gritzmacher charles.gritzmacher@va.gov

PLACE OF PERFORMANCE

1898 Fort R.d

Sheridan WY

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation for Sewer Vacuum Service I. This is a combined synopsis/solicitation for commercial services prepared in accordance with Federal Acquisition Regulation (FAR) part 12 – Acquisition of Commercial Products and Commercial Services. This announcement constitutes the only solicitation. Offers are being requested, and a separate written solicitation will not be issued.

II. This is a Request for Quote (RFQ) Solicitation number 36C25926Q0075. The government anticipates awarding a firm-fixed price contract resulting from this solicitation for Sewer Vacuum Services.

III. This acquisition is set-aside for Service-Disabled Veteran-Owned Small Businesses.

IV. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

V. Description of services: Sheridan VA Health Care System requires a maintenance service agreement for sanitary and storm sewer systems, vacuum, camera services, and emergency jetting servicing.

VI. All interested parties shall provide quotations for products in accordance with the Performance Work Statement (PWS).

VII. All interested vendors shall provide quotations and complete the Price Schedule.

VIII. Department of Veterans Affairs, Network Contracting Office 19 Located at 6162 S. Willow Drive, Suite 300, Greenwood Village, Colorado 80111, in support of the Sheridan VA Health Care System located at 1898 Fort Rd, Sheridan, WY 82801, is seeking to procure services in accordance with the Performance Work Statement and price schedule.

IX. Place of performance for this requirement:

Sheridan VA Health Care System 1898 Fort Rd.

Sheridan, WY 82801

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Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of X. Offers are due 11/21/2025 @ 10:00 Mountain Time. All questions/inquiries must be submitted to the contract specialist via electronic mail (e-mail) no later than 11/13/2025 @ 10:00 Mountain Time. Inquiries submitted via telephone calls will be redirected to an email submission. Submit offers or any questions to the attention of Charles Gritzmacher via email to: charles.gritzmacher@va.gov.

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A.1 PERFORMANCE WORK STATEMENT

Sheridan VA Health Care System

SEWER VACUUM SERVICE

PERFORMANCE WORK STATEMENT

Sheridan VA Health Care System requires a maintenance service agreement for sanitary and storm sewer systems vacuum, camera services, and emergency jetting servicing.

1. The Contractor shall be responsible for vacuum service maintenance and associated servicing, as stated in this PWS, of the sanitary sewer systems and the storm drain sewer systems on the Sheridan VAHCS station (includes Water Treatment Plant located at Soldier Creek Road) located in Sheridan, WY. This service contract shall require the Contractor to provide all manpower, equipment, and supplies to provide necessary maintenance to include complete vacuuming of both sewer systems to include all manholes, drain inlets, outlets, catch basins and associated components of the sanitary and storm sewer systems, complete camera footage of both serviced systems for verification of functional operational status and for use by the Sheridan station facilities service to determine future construction or repair activities (repairs separate from this service contract), station wide.

2. Contractor shall have access to perform the work during the periods of:

· Normal access for maintenance servicing of sewer systems shall be 0730 – 1700 Monday through Friday (except federal holidays).

· Emergency jetting of system shall be on as needed basis, up to 1 separate time per year, per this PWS, and coordinated with the COR or facilities staff.

3. Contractor shall complete all elements of this service contract.

· Task Assignments per the following schedule:

· BASE YEAR – vacuum all Sanitary Sewer and associated systems.

· Emergency jetting as needed (1 service trip per year)

· Option year 1 – vacuum all Storm Sewer and associated systems.

· Emergency jetting as needed (1 service trip per year)

· Option year 2 – camera all Sanitary and Storm water systems

· Emergency jetting as needed (1 service trip per year)

· Option year 3 - vacuum all Sanitary Sewer and associated systems.

· Emergency jetting as needed (1 service trip per year)

· Option year 4 - vacuum all Storm Sewer and associated systems.

· Camera full sewer systems (both sanitary and storm)

· prior to end of contract.

· Emergency jetting as needed (1 service trip per year)

4. The Contractor shall coordinate the schedule of dates/times that they shall have crews performing the work to the VA, in advance, for approval. Contractor to pay special attention to the normal weather cycles in the Sheridan, WY. Area and shall ensure that adequate planning for entire work to be completed, annually, is allotted.

5. Mobilization, servicing, waste removal: shall be included as a part of this service contract.

6. Contractor shall be responsible for training and oversight of their crew, including provision of all necessary safety equipment for their staff.

7. Contractor shall comply with all Sheridan station confined space requirements.

8. The Contractor shall ensure compliance with all federal and state work rules, regulations, and requirements to include provision of applicable material safety data sheets to their employees for any chemicals used.

· All work on sanitary sewer main lines shall be approved by the Sheridan station certified staff, prior to any work commencing, no exceptions.

· Any waste generated by contract operations shall be discarded within federal, state, and Local Sheridan station policies rules and regulations. Contractor shall show proof of final destination for all waste vacuumed or generated by this service contract. Copies of landfill tickets or receipts shall be submitted to the COR or other designated station staff.

9. Contractor shall provide all equipment to conduct the service required, including adequate water refill connection devices with appropriate backflow preventers.

10. VA shall provide the following supplies:

· Non-potable water connection source for various activities on station only (includes Water Treatment Plant).

11. VA shall perform quality assurance checks and have final authority for acceptance of work.

12. General Servicing requirements and specifics for designated Systems are:

SANITARY SEWER SYSTEMS

1. Vacuuming Sanitary Sewer System: All Sanitary Sewer Manholes on the Sheridan VA station shall be vacuumed out with equipment capable of reaching the bottom of any manhole in the system, per task year schedule, to remove any accumulated debris that shall hinder the system from operating at necessary levels to convey sanitary waste to off-station facilities.

a. Acceptable Completion of work shall be evaluated based upon the following:

i. Achievement of minimum 80% service of Sewer pipelines with complete, clear, or nearly clear unrestricted flow of pipes in designated task area as verified by camera.

2. Waste Disposal: Any solid waste, accumulated in equipment, as a result of vacuum servicing shall be disposed of per state, local, and or federal regulations. Verification of waste shall be provided to the COR, by the Contractor, for proof of final destination of removed waste. Acceptable proof shall be in the form of a land fill ticket or other hard copy format indicating time, date, and location of waste site that was utilized.

a. Acceptable Completion of work shall be evaluated based upon the following:

i. Achievement of 100% of landfill or refuse facility tickets delivered to the COR within one week of site visit completion.

STORM SEWER SYSTEMS

1. Vacuuming Storm Sewer System: All Storm sewer systems on the Sheridan VA station shall be vacuumed out, with equipment capable of reaching the bottom of any manhole or drain structure in the system, to remove any accumulated debris that may hinder the system from operating at optimal efficiency.

a. Acceptable Completion of work shall be evaluated based upon the following:

i. Achievement of minimum 80% service of Sewer pipelines with complete, clear, or nearly clear unrestricted flow of pipes in designated task area as verified by camera.

2. Waste Disposal: Any solid waste, accumulated as a result of vacuum servicing shall be disposed of per state, local, and or federal regulations. Verification of waste shall be provided to the COR, by the Contractor, for proof of final destination of removed waste. Acceptable proof shall be in the form of a land fill ticket or other hard copy format indicating time, date, and location of waste site that was utilized, if applicable.

Emergency Jetting of Sanitary & Storm System Sewer mains:

· Emergency Jetting: As required, 1 time per task year, for a maximum of 1,000 total combined lineal feet, Contractor shall be on call (maximum 24-hour response time to arrival on station) to jet clear any fully or partially blocked sewer main to clear obstructions causing a reduction in the conveyance of waste in the system.

a. Acceptable Completion of work shall be evaluated based upon the following:

i. 95% response within 24 hours of notification of blockage in system.

ii. Achievement of minimum 95% service of Sewer pipelines with complete, clear, or nearly clear unrestricted flow of pipes in designated task area as verified by camera per site visit.

· Camera footage of Storm System Manholes, Drain Inlets, and catch basins: All Sheridan station storm system components shall be camera-ed at the conclusion of each vacuuming or jetting activity to ensure removal of debris and or blockage buildup (4” or greater in size)

a. Acceptable Completion of work shall be evaluated based upon the following:

i. Achievement of minimum 95% camera inspection of all Emergency Jetting of pipelines in designated area.

Camera footage of ALL Sewer Systems:

1. All Sheridan station system components shall be camera-ed per the designated task year schedule to ensure systems are clear of debris and or blockage buildup (4” or greater in size) and to plan for subsequent task actions.

b. Acceptable Completion of work shall be evaluated based upon the following:

i. Achievement of minimum 95% camera inspection of all Storm and Sanitary system components.

· Safety: General station safety requirements: It is vitally important to keep tools and other items, that offer a patient the opportunity for self-harm, under control at all times. Tools, extension cords, and similar items should not be left out unattended where patients can gain access to them. This includes in the open backs of Contractor vehicles, trailers, laydown areas, tool carts, etc.. Tools should be locked in a job box, some other type of toolbox, or within a room/vehicle that can be secured from unauthorized access as approved by the COR. This means no tools left in halls, rooms, etc. in which Contractor loses sight of the tools. Lock tools up in a locking cart as needed. Checking of area as the day’s work progresses for tools left unattended- examples are, but not exclusively, screwdriver rolling under furniture, razor blade change left in the grass outside, reels of cords that could hang someone, left unattended around the corner from current work. Large storage containers must be locked if not occupied by a staff member and overnight. Tools and supplies left out in laydown area must be monitored, as patients can walk the entire site. Also, site cleanliness is an OSHA requirement.

· Special Instruction: The Contractor's representative shall schedule all work with the Engineering Department. Contact for Sheridan VAMC Engineering is (307) 675-3415. Contractor shall drop off all service reports to the Engineering Department detailing the work performed. Failure to drop off service reports may delay Contractor payment.

· Contractor staff performing extended work at Sheridan VA Health Care System property shall be fingerprinted in order to obtain a badge to be onsite unescorted. This process requires the individual to set up an appointment with a government security office through the following website: https://portal.usaccess.gsa.gov/scheduler/select-agency?v=20803 and they must provide a valid state/federal government issued picture ID when appearing for that appointment.

· All Contractor personnel (without exception) must report to the Engineering Department, Bldg. 5-room 208, to sign in and receive a Contractor identification badge before any work is performed and return to the same location to sign out and turn-in said badge along with the documented. service report for the service performed.

· Approval of installation shall follow inspection parameters as stated in the quality assurance surveillance plan (QASP).

· Property Damage: The Contractor shall take all necessary precautions to prevent damage to any government property and shall notify the Contracting Officer immediately if damages occur. The Contracting Officer shall authorize the Contractor to remedy the situation in one of the following ways: be assessed current replacement costs for damaged property, replace damaged property in a timely manner, or correct the damages with like materials at no additional cost.

· Identification, Parking, Smoking, and VA Regulations: The Contractor shall need to acquire a badge for each worker, for each weeklong site visit, and ensure that the badge be worn in a visible location on the worker at all times while on the premises of the VA property. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police. The VA shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking or Tobacco related products is prohibited throughout the entire Sheridan VA. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in a citation answerable in the United States District Court.

· Documentation: All service documentation must contain:

a. Date and time of the Contractors' arrival on station.

b. Total time of performance period on station, excluding travel time.

c. Detailed narrative description of performed work to include location work was Performed.

d. Complete list of parts replaced (When applicable).

· Infection Control: This contract’s work shall be exterior to all buildings, however, there is a potential for exposure to blood borne or other infectious material with equipment throughout the Sheridan hospital. All Contractor personnel are cautioned and must use "Universal Precautions" (i.e., hand washing, wearing protective gloves, aprons, and goggles, PPE, etc.) as appropriate during the performance of this contract.

· Personnel Qualifications: Contractor shall ensure all personnel performing under this contract shall be fully qualified and competent for the services to be performed.

· Service Quality: All services provided in this contract must meet manufacturers' performance and technical specifications, Federal Regulations, VA Regulations, and meet the requirements of The Joint Commission and Life Safety Code. The Contractor shall document all maintenance and provide said documentation to the COR upon completion of each service action.

· Information Security: Per VA handbook 6500.6 Appendix A, The C&A requirements do not apply, and that a security accreditation package is not required.

END PERFORMANCE WORK STATEMENT

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Vacuum Service for Station Sanitary Sewer - Mainline Contract Period: Base POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage

Vacuum Storm Sewer Systems Service - Mainline

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Sanitary Sewer - Manholes

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Storm Drain - Manholes

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Sanitary Sewer Systems - Inlets/Outlets

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Sanitary Sewer & Storm Systems - Emergency Jetting

POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services

One (1) time per year (1,000 feet maximum per calendar year)

Vacuum Sanitary Sewer & Storm Systems - Campera Inspection

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Sanitary Sewer - Mainline

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Storm Sewer Systems Service - Mainline

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Sanitary Sewer - Manholes

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Storm Drain - Manholes

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Sanitary Sewer Systems - Inlets/Outlets

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Sanitary Sewer & Storm Systems - Emergency Jetting

POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services

Vacuum Sanitary Sewer & Storm Systems - Campera Inspection

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Sanitary Sewer - Mainline

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Storm Sewer Systems Service - Mainline

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Sanitary Sewer - Manholes

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Storm Drain - Manholes

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Sanitary Sewer Systems - Inlets/Outlets

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Sanitary Sewer & Storm Systems - Emergency Jetting

POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services

Vacuum Sanitary Sewer & Storm Systems - Campera Inspection

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Sanitary Sewer - Mainline

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Storm Sewer Systems Service - Mainline

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Sanitary Sewer - Manholes

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Storm Drain - Manholes

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Sanitary Sewer Systems - Inlets/Outlets

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Sanitary Sewer & Storm Systems - Emergency Jetting

POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services

Vacuum Sanitary Sewer & Storm Systems - Campera Inspection

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Sanitary Sewer - Mainline

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Storm Sewer Systems Service - Mainline

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Sanitary Sewer - Manholes

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Service for Station Storm Drain - Manholes

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Sanitary Sewer Systems - Inlets/Outlets

POP Begin: 01-01-2026 POP End: 12-31-2026

Vacuum Sanitary Sewer & Storm Systems - Emergency Jetting

POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services

Vacuum Sanitary Sewer & Storm Systems - Campera Inspection

POP Begin: 01-01-2026 POP End: 12-31-2026

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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 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.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. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant…