36C26122Q0050_1.docx

36C26122Q0050

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.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C26122Q0050 12-09-2021 Luis Gonzalez 775-785-7162 12-22-2021

4:00 PM

PST

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno

NV

89502-2597 X 337920 1000 Employees N/A X Department of Veterans Affairs VA Palo Alto Health Care System 6505 S. Manthey Rd French Camp

CA

95231 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno

NV

89502-2597

Department of Veteran Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page This RFQ is for MechoShade products and services installations.

Please fill in the unit prices and complete the required information items in Section B.2 "Price Cost Schedule".

Please fill in the delivery time in terms of numbers of days after receipt of order in Section B.3 "Delivery Schedule".

Please send information to luis.gonzalez5@va.gov.

Complete block 17 above and identify the DUNs number.

See CONTINUATION Page X Luis Gonzalez Contracting Officer 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 36C261 Luis Gonzalez Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597

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.

Department of Veteran Affairs FMS-VA-2(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of VA Palo Alto Health Care System 3801 Miranda Ave Palo Alto, CA 94304 Construction Project: STK-CBOC, Levels 1-4, Roller Shades Transaction Number: 640-22-1-529-0005

STATEMENT OF WORK

1.0 GENERAL SCOPE

The Veterans Health Administration (VHA) has a requirement for healthcare furniture for VA Palo Alto healthcare System, in a new Outpatient Clinic at French Camp, CA in San Joaquin County.

Healthcare furnishings include Mecho-Shade roller shades for multiple spaces throughout the building’s perimeter windows. Suitable for heavy-wear environments, clean architectural aesthetic and available in a variety of configurations and finishes. Roller shades provide shade from harsh exterior light, improve efficiency of the buildings HVAC system by helping to minimize heat gain, and provide workers with the ability to work in a light filtered space which reduces glare and eyestrain.

This requirement includes product, delivery, and design integration and pre-construction services. Note: Installation services to be provided by General Contractor.

The contractor shall provide all labor and delivery during regular business hours, materials, equipment, transportation, and supervision necessary to satisfy the needs of each ordering activity.

2.0 PERFORMANCE REQUIREMENTS

Associated design/drafting, structural engineering, project management as required to field verify and produce shop-drawings, storage, parts and delivery transportation of goods shall be provided by the awarded Contractor. Note: Additional project management, and installation services to be provided by General Contractor (G.C.) as this product is owner furnished/general contractor installed (V/C).

Product delivery will be required by February 07, 2022. Awarded contractor to coordinate delivery of product with VA Interior Designer and General Contractor’s installation sub-contractor to meet this date. Subject to change based on construction completion date.

Project Job Site: 6505 S. Manthey Rd, French Camp, CA 95231 Duty hours will be 7:30am-4:30pm Monday through Friday. The Government recognized US holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Juneteenth National Independence Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.

The contractor shall procure and deliver the following products for VA Palo Alto Healthcare System.

· Motorized Roller shades – Single Roll: Multiple size motorized single solar shadebands. (Motors and Metal Pockets included) Fabric: 950 EcoVeil Screens 1% open factor. Color: TBD.

· Motorized Roller shades – Double Roll: Multiple size motorized Double Solar and Blackout Shades. (Motors and Metal Pockets included) Fabric: 950 EcoVeil Screens 1% open factor. Color: 1103 Broome (Light Grey) and Blackout color Fabric: Chelsea Blackout (PVC Free, HPD, NFPA 701,) Color front and back TBD.

· Manual Roller shades – Single Roll: Multiple size manual single solar shadebands. (Metal Pockets included) Fabric: 950 EcoVeil Screens 1% open factor. Color: TBD Manual Roller shades

· Manual Roller shades – Double Roll: Multiple size manual double solar shadebands. (Metal Pockets included) Fabric: 950 EcoVeil Screens 1% open factor. Color: TBD Manual Roller shades

· Refer to attached drawings for additional information of roller shade types and locations.

General Contractor will be responsible for all installation services of VA furnished roller shades including:

· Installation to be provided by certified installer of roller shade product, so as not to void product warranty.

· Electrical Services / Fire Protection Services Modify / relocate any existing electrical and mechanical equipment to a new place in accordance with applicable codes, as needed.

a. Contractor is required to have on site staff supervisor with OSHA 30 certification.

b. Provide maintenance manuals for all products specified.

3.0 PRODUCT

General

All finished surfaces shall be free of scratches, mars, dents, or blemishes, and withstand staining, and exhibit to flaking, cracking, or loss or adhesion.

Roller Shades shall have smooth finishes with no hazardous projections, sharp corners, or detail, which can be hazardous and cause personal injury or damage to clothing.

See attachment for technical requirement of products.

4.0 SERVICES

Drop ship window roller shades according to VA approved shop drawings. Coordinate and provide project field verification of all products and services to manage, design and provide shop drawings, order, ship, and deliver all new furniture from the manufacturer until final acceptance by the VA Point of Contact.

Product delivery shall be per Phases 1-2 as outlined in the IGCE.

Design Contract Tasks/Requirements.

a. Contractor shall be familiar with VA Palo Alto’s forthcoming new Stockton campus, regulations, security requirements, loading dock locations, and hours of operations.

b. Any contractor personnel, including permanent and temporary staff installers, shall be cleared ahead of installation start date through VA Palo Alto Police Department. Personnel shall always wear contractor provided identification and VA visitor’s badge while on VA property.

c. Contractor shall provide Proof of Insurance upon request of VA.

d. Contractor Storage Facility shall meet all building requirement including but not limited to sprinkler, secure, safe, environmental controls – not to void product warranties.

e. Contractor shall have trained personnel in various roller shade assembly and delivery.

f. Contractor shall provide Project Manager/Lead Supervisor, Client Representative, Installers, and Service Technicians as needed when providing service to the VA.

g. Contractor shall provide all necessary materials, equipment, labor, supervision, and Management to: (A) coordinate delivery: (B) load and unload; (C) place in designated rooms/locations; (D) assemble items as required; (E) secure as designated; and (F) properly dispose of all associated packing/crating materials off-site of VA premises.

h. Contractor shall track manufacturing schedule and notify VA Point of Contact (POC) with updates of estimated completion date by email.

i. Contractor shall coordinate installation date with VA Point of Contact (POC) to occur at the convenience of the Government or no later than 30 days after notification of receipt of roller shades.

j. Contractor shall obtain VA CO, COR or POC approval for any changes or corrections to all original submitted design documents.

k. Contractor shall coordinate delivery of goods with the General Contractor’s scheduled installation date with VA POC to occur at the convenience of the Government.

l. Contractor shall deliver excess supplies, parts and pieces to offsite storage location at VA Stockton Warehouse. Address to be provided by POC to awarded contractor upon request.

m. Environmental Certification: Submit written certification from the manufacturer, including third party evaluation, recycling characteristics, and perpetual use certification as specified. Initial submittals, which do not include the Environmental Certification will be rejected. Materials that are simply 'PVC free' without identifying their inputs shall not qualify as meeting the intent of this specification and shall be rejected.

n. Third Party Evaluation: Provide documentation stating the shade cloth has undergone third party evaluation for all chemical inputs, down to a scale of 100 parts per million, that have been evaluated for human and environmental safety. Identify any and all inputs, which are known to be carcinogenic, mutagenic, teratogenic, reproductively toxic, or endocrine disrupting. Also identify items that are toxic to aquatic systems, contain heavy metals, or organ halogens. The material shall contain no inputs that are known problems to human or environmental health per the above major criteria, except for an input that is required to meet local fire codes.

o. Recycling Characteristics: Provide documentation that the shade cloth can and is part of a closed loop of perpetual use and not be required to be down cycled, incinerated or otherwise thrown away. Scrap material can be sent back to the mill for reprocessing and recycling into the same quality yarn and woven into new material, without down cycling. Certify that this process is currently underway and will be utilized for this project.

p. Perpetual Use Certification: Certify that at the end of the useful life of the shade cloth, that the material can be sent back to the manufacturer for recapture as part of a closed loop of perpetual use and that the material can and will be reconstituted into new yarn, for weaving into new shade cloth. Provide information on each shade band indicating that the shade band can be sent back to the manufacturer for this purpose.

Project manager (PM)

a. The Project Manager shall represent the Contractor with whom the Government has awarded the purchase order.

b. Contractor may complete a preliminary site visit for field verification with VA POC or General Contractor, at a minimum of (5) business days, prior to bidding.

c. Contractor shall be available and on site to coordinate and oversee the delivery of product to project site.

d. Contractor shall complete a final checklist VA POC confirming completion of all previously identified products items prior to final VA acceptance of drop-ship items.

Protection of Property

a. Contractor shall protect all items from damage. Contractor shall take precaution against damage to the buildings, grounds and furnishings. Contractor shall repair or replace any items related to buildings or grounds damaged accidentally, or on purpose due to actions by the Contractor, utilizing materials of the same quality, size, grade and color, to match existing work.

b. Contractor shall perform an inspection of the buildings and grounds with the VA POC prior to commencing work to ensure that the contractor shall be able to repair or replace any items, components, buildings or grounds damaged due to negligence and/or actions taken by the Contractor. Concurrence of the VA POC is required before the Contractor may perform any significant repair work. In all cases, repairs shall utilize materials of the same quality, size, texture, grade and color to match adjacent existing work.

c. Contractor shall be responsible for security of the areas in which the work is being performed prior to completion.

d. Contractor shall provide floor, door, and elevator wall protection while working in all VA facilities. All material handling equipment shall have rubber wheels. Public elevators shall have temporary padded wall protection when freight elevator is unavailable.

Delivery

a. Contractor shall contact the POC, when complete order has been received, to schedule delivery of goods prior to schedule installation by General Contractor.

b. Contractor shall confirm the scheduled delivery date set with G.C. no less than 15 working days prior to start of General Contractor’s scheduled installation date to ensure that all parts have been received and in good condition. VA POC will confirm that space will be made available at appointed delivery date. Delivery shall not be scheduled until Contractor has confirmed the receipt of full order.

c. In the event there is a delay in delivery, Contractor shall notify the VA POC immediately.

d. Contractor shall notify the VA POC a minimum of 72 hours advance notice of the scheduled date and time of delivery.

e. Contractor shall ensure that the driver of the delivery vehicle has copies of the delivery order at time of delivery.

f. Contractor shall not attempt to deliver any items before the scheduled delivery date.

g. Contractor shall complete delivery of furnishings under this statement of work in the time period specified (07:30 am - 4:00 pm). If unforeseen scheduling is required by the VA, Contractor shall coordinate revised scheduled, to be approved by POC.

h. Contractor shall inspect components to ensure that they are clean, dust free, free of defects and that delivery is complete and all items are ready for installation by others.

i. Contractor shall adhere to manufacturer’s specifications and not use other manufacturer’s product to interlock with new or existing product potentially invalidating warranties.

j. Contractor is responsible for removal of damaged or replaced products out of job site in accordance with Quality Control section listed below.

Receive and Unload

a. Building’s General Contractor shall verify and inspect all items at time of receipt upon arrival to the project site. Any and all deficiencies (damage/overage/shortage) shall be brought to the attention of the POC or VA Project Manager.

b. Contractor shall store damaged items in the location designated by the POC. Contractor shall maintain a complete file of all documents relating to each discrepancy and copies of all Discrepancy Reports shall be forwarded to the POC daily.

c. Contractor shall repair or coordinate for replacement of damaged, defective, or missing items

d. Conduct of Contractor delivery personnel shall always be courteous and respectful. Be particularly mindful of our Veteran’s and their needs.

Contract Hours The normal work hours will be business hours (7:30am-4:30pm) Monday through Friday. The Government has the option to modify the normal work week, days and hours, as necessary to meet the mission of the VAPAHCS. Contractor shall be flexible if a change in work hours is necessary to complete the project to accomplish the mission of VAPAHCS.

Excess Items Once product is delivered as shown on the shop drawings, the contractor shall coordinate with the VA POC or VA Project Manager as to where any excess items are to be stored.

Work Required by Others All work required by other trades shall be identified under this section by the Bidder.

Attachments

a. Window Covering Locations_DWG_08302021

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

(127) Multiple size motorized solar single roll shadebands. (Motors and Metal Pockets included) Fabric: Ecoviel 0950 1% open factor. Color: TBD.

Price includes same brand of extruded aluminum recessed ceiling pockets, closures, high stc sound stops and accessories, wall switch box and switch, or manual pull chains.

Locations:

1st Floor - Lobby and public waiting areas, Group Room.

2nd Floor - Lobby and public waiting areas, Group Room.

3rd Floor - Lobby and public waiting areas, Group Room.

4th Floor - Lobby and public waiting areas, Group Room.

Brand: MechoShade Contract Period: Base POP Begin: 12-27-2021 POP End: 09-30-2022 Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________ Line Item NAICS Code: ____________________ Line Item Product Service Code: ____________________

(170) Multiple size manual solar single roll shadebands. (Metal Pockets included) Fabric: Ecoviel 0950 1% open factor. Color: TBD.

Price includes same brand of extruded aluminum recessed ceiling pockets, closures, high stc sound stops and accessories, wall switch box and switch, or manual pull chains.

Locations:

1st Floor - Coffee/Cafe, Business Office, Patient Corridor, Staff break room, and Gym.

2nd Floor - Patient corridors, Back office, and break rooms.

3rd Floor - Patient corridors, Back office, and break rooms.

4th Floor - Patient corridors, Back office, and break rooms, Management Suite.

Brand: MechoShade Contract Period: Base POP Begin: 12-27-2021 POP End: 09-30-2022 Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

(36) Multiple size motorized Double Solar and Blackout Shades. (Motors and Metal Pockets included) Fabric: Ecoviel 1% open factor. Color: TBD (Light Grey) and Blackout color Fabric: Chelsea 0250 Blackout (PVC Free, HPD, NFPA 701,) Color front and back TBD.

Price includes same brand of extruded aluminum recessed ceiling pockets, closures, high stc sound stops and accessories, wall switch box and switch, or manual pull chains.

Locations:

1st Floor -PT/OT treatment area and Exam Rooms

Brand: MechoShade Contract Period: Base POP Begin: 12-27-2021 POP End: 09-30-2022 Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

Line Item Product Service Code: ___________

(36) Multiple size manual Double Solar and Blackout Shades. (Metal Pockets included) Fabric: Ecoviel 1% open factor. Color: TBD and Blackout color Fabric:

Chelsea 0250 Blackout (PVC Free, HPD, NFPA 701,) Color front and back TBD.

Price includes same brand of extruded aluminum recessed ceiling pockets, closures, high stc sound stops and accessories, wall switch box and switch, or manual pull chains.

Locations:

2nd Floor - Conference Rooms 3rd Floor - Conference Rooms 4th Floor - Conference Rooms

Brand: MechoShade Contract Period: Base POP Begin: 12-27-2021 POP End: 09-30-2022 Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

Project management, Design, field dimension verification, and delivery phases 1-3 per enclosed SOW.

Contract Period: Base POP Begin: 12-27-2021 POP End: 09-30-2022 Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

B.3 DELIVERY SCHEDULE

French Camp, CA 95231

USA

French Camp, CA 95231

USA

French Camp, CA 95231

USA

French Camp, CA 95231

USA

French Camp, CA 95231

USA

1.00

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS 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 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause— United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of Clause)

C.3 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.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[X] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[X] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b).