36C26122Q0250_1.docx

36C26122Q0250

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

662-22-2-6095-0031 36C26122Q0250 02-25-2022 Tim Smith 415-548-3752 03-18-2022 15:00

PST

612MCP

Department of Veterans Affairs Network Contracting Office 21 VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609 X X 561790 $8 Million N/A X VA San Francisco Medical Center 4150 Clement St.

San Francisco CA 94121

612MCP

Department of Veterans Affairs Network Contracting Office 21 VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan CA 95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Ground Maintenance Services for San Francisco VA Medical Center Parking Garages Base Period of Performance: 5/01/2022 through 9/30/2022 with one option year Note 1: “Offerors shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212-2, and their addendums included in this solicitation. Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for award.”

Note 2: All request for information must be submitted no later than 3 days prior to quote due date.

See CONTINUATION Page X Parvinder Brar 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 Department of Veterans Affairs Network Contracting Office 21 VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

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 Veterans Affairs FMS VA-9(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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Ground Maintenance Services for SFVAMC Parking Garages in accordance with the Performance Work Statement Contract Period: Base POP Begin: 05-01-2022 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 561790 - Other Services to Buildings and Dwellings PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial

Ground Maintenance Services for SFVAMC Parking Garages in accordance with the Performance Work Statement Contract Period: Option 1 POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 561790 - Other Services to Buildings and Dwellings PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial

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B.3 Performance Work Statement

Grounds Maintenance Services at the San Francisco Veterans Affairs Medical Center (SFVAMC) Campus

1. General Information

0. General Description of Grounds Maintenance Services The Contractor shall supply all required labor, materials, tools, equipment, supplies and permits necessary to provide grounds maintenance at the San Francisco Veterans Affairs Medical Center.

1.02 Location of Work

Grounds maintenance services will be provided at the following facility. See final page, for campus map and site locations.

A. San Francisco Veterans Affairs Medical Center 4150 Clement St.

San Francisco, California, 94121

1.03 Changes to Grounds and Facility

1. Work will be performed for the areas listed in Table A below. The square footages are approximate and for information purpose only. Contractor shall be responsible for measuring and verifying site dimensions for the service areas of each location for the purpose of his quote.

1. Changes to the garage areas may result from space requests and site changes.

1. The scope of work is anticipated to decrease by as much as 100% over the course of this contract. This decrease will take place gradually while additional Federal employees and equipment are added to the service.

Table A

1.04 Additional Services

A. The VA reserves the right to remove or add areas/sites to this scope. Additional/Subtractions will be negotiated with the contractor on a case-by-case basis.

2. Definitions

0. Additional Services - “Additional services” are services that the Contractor will provide at an additional cost to the Government, to include all labor, supervision, supplies and materials specifically identified as being outside the provisions of the basic services and included in the offeror’s overall pricing. These services may be provided during or after normal working hours. If it is determined additional services are needed, the COR will request a quote for review, and if accepted will be procured via Government Purchase Card (GPC). If services cannot be paid via GPC, the COR will submit a modification request to the Contracting Officer (CO). Approval from the CO is required before work may proceed.

0. Contracting Officer - “Contracting officer” is the person with the overall responsibility for administering this contract. He/she alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. Additionally, he/she may delegate certain other responsibilities to his/her authorized representatives.

0. Contracting Officer Representative (COR) - “Contracting officer’s representative” is the person designated by the CO at time of award and if necessary revised by letter during the contract period to assist him/her in discharging his/her responsibilities. The responsibilities of the COR include, but are not limited to: Evaluating Contractor performance with the Government's representative at the work site; advising the Contractor of proposed deductions for nonperformance or unsatisfactory performance; compliance with contract requirements insofar as the work is concerned; and advising the CO of any factors which may cause delay in work performance.

0. Federal Holidays - “Federal holidays” for the purposes of this contract are New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. When Federal holidays fall on weekends, a weekday is typically designated as the holiday. Holidays that fall on Saturday are observed on the previous Friday and holidays that fall on a Sunday are observed on the following Monday.

0. Indefinite Quantity - “Indefinite quantity” provisions permit the Government to order additional work, in addition to the basic services, and upon acceptance permit additional payment to the Contractor.

0. Modification - Modification is a bilateral or unilateral change in the terms of a contract.

0. Predictive Maintenance - “Predictive maintenance” is a program of maintenance activities in which scheduling of maintenance derives from monitoring the operating condition, or changes in the operating condition, of equipment being maintained.

0. Quality Assurance Surveillance Plan (QASP) - The QASP is the Government’s surveillance method of monitoring and evaluating the Contractor's performance under a Performance Work Statement (PWS).

0. Quality Control Program - The Contractor’s complete system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable. Preparation of the written plan is the responsibility of the Contractor.

2.10 Standard Service - A standard service is defined as grounds maintenance and related services that are included in the monthly price or as defined in the Contract document. Prices are to include all applicable labor, materials, supplies, equipment (except as otherwise provided), supervision, and management.

1. Transition Phase

0. Transition Phase Startup – There is no startup transition since this is a new requirement.

0. Phaseout Transition Period - When this contract expires or is otherwise terminated, the Contractor must cooperate with the incoming contractor during a phaseout period. For planning purposes, the Contractor must assume a phaseout period of 30 days.

During this phaseout period, the Contractor must assist the COR or designee and incoming contractor for a seamless transition in operations and maintenance with no adverse affect on the building tenants; provide the successor contractor with access to all records and official documentation (both hard copies and electronic as applicable) required by this contract; provide training to the successor contractor on methods of accessing any control systems; and show the successor contractor where all archived programs and systems literature are maintained. The Contractor will provide the incoming contractor a list of employees and their start of service dates. On the last performance day of the contract, the Contractor must turn over to the COR or designee all keys and identification badges or cards.

1. Grounds Maintenance

1. Trash and Solid Waste Disposal and Removal

1. The Contractor shall collect and transport all solid waste, trash, and debris to the 30-yard dumpster East of building 211 for removal from the premises.

1. Contractor shall use effective and appropriate means to clean and remove stains, such as soda, coffee, food and bird droppings, from these areas.

4.1 Hard Surface Areas

0. Cleaning: All areas (sidewalks, hard surfaces, parking areas, garages, moats, platforms, driveways, ramps, lanes, etc.) shall be clean and free of dirt, debris, gum, litter, gravel, weeds, oil, and grease. No residual dirt shall remain after the removal of the debris. Spill residue and clean- up materials shall be disposed in accordance with the Environmental Protection Agency (EPA), and State and local regulatory agency requirements.

4.2 Ash Receptacles and Trash Containers

4.2.1 Cleaning: All trash shall be collected and removed to a location designated by the COR. Trash containers and ash receptacles shall be emptied and kept clean, odor-free, and free of dirt, dust, ash, cigarette butts, debris, residue, and spilled material. Plastic liners for all trash containers shall not be torn, worn, or contain residue.

0. Surfaces (signs, tables, etc.)

4.3.1 Cleaning: Surfaces shall be clean, with no dirt, dust, residue, streaks, spots, soil substances, discoloration, or cloth streaks. Spill residue and clean-up materials used shall be disposed of properly.

0. Parking Structures

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4.4.1 Cleaning: Areas shall be cleaned and free of dirt, water, streaks, mop marks, and oil spill(s). Spill residue and clean-up materials shall be disposed in accordance with the Environmental Protection Agency (EPA), and State and local regulatory agency requirements.

0. Vehicular areas shall be swept once a month. Power washing to deep clean the parking lot stall shall occur annually. Power washing pedestrian walkways and stairwells shall occur twice annually, additional power washing services may be requested as “Additional Services”.

0. Sweeping and washing of the parking stalls and vehicular circulation areas should take place during the weekends or Federal holidays, when the parking structure is minimally utilized.

0. Excrement Removal (Human, Avian and Rodent)

4.5.1 Cleaning: All steps and stairs, entrances, sidewalks, arcades, landings, balconies, and ledges shall be cleaned of all excrement while following established safety precautions as outlined in the Center of Disease Control protocols. Knowledge of cautionary requirements in cleaning areas contaminated by bat, pigeon, or other avian pest excrement is required. The Contractor shall fully train all employees designated to perform these services in accordance with OSHA standards and OSHA approved State plans.

1. Cleaning Schedules

0. The cleaning schedule is considered the Contractor’s efficient approach to the work, and shall not limit the Contractor to specific levels of staffing, means or methods. Changes necessary for achieving the contract performance work statement requirements shall be the responsibility of the Contractor. The initial cleaning schedules shall be submitted to the COR no later than 14 days prior to the contract start date. Any revisions will also be submitted to the COR.

1. General Requirements

1. Laws and Regulations - Contractor shall comply with all Federal, state and local standards and regulations, as well as Organization of Safety Heath Agency (OSHA) and Environmental Protection Agency (EPA) regulations, throughout the duration of the contract work.

1. Permits and Licenses - The Contractor shall procure all permits and licenses, pay all charges and fees, give all notices necessary and incidental to the due and lawful prosecution of the provision of services.

1. Patents - Contractor shall assume all responsibility arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the provision of services.

1. Work Hours A. Normal working hours shall be scheduled between 7:00 AM and 3:30 PM, Monday through Friday, excluding Federal Holidays.

7. Public Convenience and Safety

0. If lane(s) closure is required for the contract work, the Contractor shall follow temporary traffic control procedures in conformance with OSHA requirements, and the Traffic Control Plan, as submitted to and accepted by the Contracting Officer’s Representative. In no way shall compliance with these requirements and standards relieve the Contractor of any liability for claims or damages arising from Contractor’s work.

0. All work associated with traffic control shall be considered to be the Contractor’s sole expenses.

0. Prior to the Contractor’s work break, all equipment and debris shall be removed from pedestrian pathways adjacent to their work area, to allow safe usage. Contractor may resume closure of pathway, if needed, when work continues after the break.

7.2 Water Pollution Control Requirements

0. Water pollution control is intended to provide prevention, control, and abatement of water pollution to storm drain systems, streams, waterways, ground water and other water bodies of water.

0. The Contractor shall at all times observe and comply with, and shall cause all the Contractor’s agents, employees, and subcontractors to observe and comply with all existing and future Federal, state , and local laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work.

0. The Contractor shall exercise every reasonable precaution to protect storm drain systems, streams, lakes, reservoirs, bays and coastal waters from pollution with sediments, fuels, oils, bitumen, pesticides and other harmful materials, and shall conduct and schedule their operations so as to avoid or minimize muddying and sifting of said storm drain systems, streams, lakes, reservoirs, bays and coastal waters.

0. The Contractor shall maintain a neat appearance to the work site. The Contractor shall not sweep construction and /or other materials into the storm drain system and shall prevent such materials from entering the storm drains. The Contractor is advised that disposal of dirt and / or other debris into the public storm drain system is prohibited under local municipal codes and the California Department of Fish & Game Code.

0. In order to provide effective and continuous control of water pollution, the Contractor shall provide temporary water pollution control measures which may become necessary as a result of their operations. Temporary measures include, but not limited to, dikes, basins, ditches, tarps, and apply straw and seed. The Contractor shall provide proper storage and disposal of all materials used in their operations. If measures being taken by the Contractor are inadequate to control water pollution effectively, the Contracting Officer’s Representative may direct the Contractor to revise their operations and water pollution control measures. No further work shall be performed until the water pollution control measures are adequate. The VA will not be liable to the Contractor for any delays to their work due to the Contractor’s failure to provide adequate water pollution control measures.

0. Any fines or penalties levied against the Contractor for violation of the above and related regulations are the sole responsibility of the Contractor.

0. Preservation of Property, Care and Protection

7.3.1 Due care shall be exercised to avoid injury to existing improvements or facilities, adjacent property and real or personal property that is not to be removed.

0. Contractor shall be entirely responsible for any damage to the VA’s or adjacent property due to hauling materials or other causes attributable to the conduct of the work, and all such damage will be repaired by the Contractor when and as directed by the Contracting Officer’s Representative, and as required to place the property in as good condition as before the commencement of the work.

8. Cooperation

0. Should work be performed by other firms within or adjacent to the limits of the services specified or should work of any other nature be underway by other firms within or adjacent to said limits, Contractor shall cooperate with all such other firms so that any delay or hindrance to their work will be avoided. The right is reserved to the VA to perform other services as additional work at or near the serviced areas at any time, by use of other firms.

0. When two or more firms are employed on related or adjacent work, each shall conduct their operations in such a manner as to not cause any unnecessary delay or hindrance to the other.

0. Each firm shall be responsible to the other for all damage to work, to persons or property caused to the other by their operations, and for loss caused the other due to Contractor’s unnecessary delays or failure to finish the services within the time specified for completion.

9. Worker Safety

0. Contractor shall observe applicable OSHA and Cal-OHSA requirements.

0. Identification

1. All personnel working at all service locations shall wear clothing, which clearly bears the Contractor’s Company name.

1. All equipment used in performance of the work shall be clearly marked with the Contractor’s name, insignia, or other identifying emblem. Such marking shall be provided at the Contractor’s sole expense.

10. Contractor’s On-site Office and Storage Areas A. The VA will not provide any outdoor or indoor space for the Contractor’s use as an on-site office.

11. Quality Control Program

0. The QCP shall include the following, as a minimum:

2. How the Contractor will control quality of supplies and services.

2. How project management, inspections, plan implementation, process improvement changes, correction of deficiencies, and green cleaning compliance will be accomplished.

2. An inspection plan or checklist tailored to the specific building(s) being cleaned and serviced under this contract. The inspection plan or checklist shall detail how services at the work site shall be inspected to ensure that the outcome of the work meets all the quality standards set forth in the Contract and shall include, but is not limited to:

Date of inspection performed Location of inspection Description of findings Description of action(s) taken (if necessary) Signature and date of completion

2. A plan to ensure continuity of services in the event of separation of employees or employee absence.

2. Methods detailing how the Contractor will monitor deficiencies of work output in relation to the performance standards, methods of informing employees of deficiencies in their area(s) of responsibility, and a process to ensure that the deficiencies are corrected and do not reoccur.

1. Government Quality Assurance Surveillance Program

12.01 The Government will inspect the Contractor using a quality assurance program through random inspections, scheduled inspections, or any other method of inspection that the Government determines reflects the actual successful performance of this contract. Please see the QASP in Attachment IV.

0. Performance Standards – Please see QASP

Performance Summary

Quality Assurance Surveillance Plan

1. Purpose This quality assurance surveillance plan (QASP) is a government-developed and applied document used to make systematic quality assurance methods used in the administration of the performance-based service acquisition (PBSA) standards included in this contract. The intent is to ensure that the contractor performs in accordance with performance metrics set forth in the contract documents, that the government receives the quality of services called for in the contract, and that the government only pays for the acceptable level of services received.

2. Authority Authority to issue this QASP is provided under Federal Acquisition Clause (FAR) 52.212-4(a) Inspection and Acceptance, which provided for inspections and acceptance of the articles, services, and documentation called for in the contract to be accomplished by the contracting officer or a duly appointed representative.

3. Scope The contractor, and not the government, is responsible for management and quality control actions necessary to meet the quality standards set forth by the contract. The QASP is put in place to provide government surveillance oversight of the contractor's quality control efforts to assure that they are timely, effective, and delivering the results specified in the contract. The QASP is not a part of the contract, nor is it intended to duplicate the contractor's quality control plan.

4. Government Resources

The following definitions for government resources are applicable to this plan:

Contracting Officer

A person duly appointed with the authority to enter into, administer, or terminate contracts and make related determinations and findings on behalf of the government.

Contracting officer's Representative (COR)

An individual designated in writing by the contracting officer to act as his or her authorized representative to assist in administering a contract. The source and authority for a COR is from the contracting officer. COR limitations are contained in the written letter of designation.

5. Responsibilities

The government resources shall have responsibilities for the implementation of this QASP as follows:

Contracting Officer

The contracting officer ensures performance of all necessary actions for effective contracting and ensures compliance with the terms of the contract and safeguards the interests of the United States in the contractual relationship. It is the contracting officer who assures that the contractor receives impartial, fair, and equitable treatment under the contract. The contracting officer is ultimately responsible for the final determination of the adequacy of the contractor's performance.

COR

The COR is responsible for technical administration of the contract and assures proper government surveillance of the contractor's performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the government's behalf. Any changes that the contractor deems may affect contract price, terms, or conditions shall be referred to the contracting officer for action.

6. Methods of Surveillance

The below listed methods of surveillance shall be used in the administration of this QASP.

Periodic Surveillance by the COR

The COR periodically sit in on the classes to verify that the contractor is meeting the goals of the training course.

7. Identified QA Surveillance Tasks

The following PBSA items are identified within the contract performance work statement and will be monitored under this QASP.

Performance Requirements Summary

Performance Objective

Standard

Method of Surveillance

Basic Cleaning Services

See 4 - 4.3.1 of PWS

COR

Not to exceed 5 COR documented customer complaints

Not to exceed 5 COR documented customer complaints

8. Documentation

The COR will, in addition to providing documentation to the contracting officer, maintain a complete quality assurance file. The file will contain copies of all reports, evaluations, recommendations, and any actions related to the government's performance of the quality assurance function, including the originals of all surveillance activity checklists. All such records will be retained for the life of this contract. The COR shall forward these records to the contracting officer at termination or completion of the contract.

Page 1 of Page 1 of VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

Last Updated on Friday, February 25, 2022

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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