36C26122Q0334.docx

36C26122Q0334

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 ATTA

CHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

640-21-2-163-0063 36C26122Q0334 03-17-2022 Luis Gonzalez 775-785-7162 04-08-2022

4:30 PM

PDT

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597 X 333318 1000 Employees N/A X Department of Veterans Affairs VA San Francisco Healthcare System San Francisco VA Medical Center 4150 Clement Street San Francisco CA 94121 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 The RFQ is a full and open procurement for Meal Tray Systems in accordance with the statement of work.

Please fill in the unit prices and complete the required information items in Section B.1 "Price Cost Schedule".

Please send information to luis.gonzalez5@va.gov Complete block 17 above and identify the DUNs number.

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:

San Francisco VA Medical Center Nutrition and Food Services 4150 Clement St.

San Francisco, CA 94121

Trayline

1. Background Nutrition and Food Services relies on the use of specialized equipment to assemble Veteran patient meals trays. The purpose of this contract request is to replace from our 44 year old traditional trayline which is at end of life/requiring frequent repairs to the current standard of a POD style tray assembly system. This equipment is used a minimum of three times a day every day of the year, assuring accuracy and efficiency in tray assembly. Additionally, the equipment assures that food is kept at the correct and safe temperature for food safety and Veteran patient satisfaction. Current equipment is far beyond estimated replacement date and Engineering service has deemed it beyond economical repair.

2. Project Scope Procure POD style tray assembly line, based on specifications listed below. Contract must include all equipment, removal/discard of existing trayline equipment, and electrical and plumbing preparation work to facility to meet the needs of the awarded equipment (noted below in specifications). It must also include equipment installation and staff training. All work must be completed within 14 calendar days (including weekends/nights) of starting to minimize Veteran/patient impact.

Specifications

· Must have all of the pieces below to create fully functioning systems.

· Must fit in existing kitchen space of 35 feet long x 14 feet wide

· Must have capacity to assemble 175-225 trays/hour with 4 or fewer staff members

· Must have 2 separate lines to accommodate making standard and room service trays simultaneously and to allow 1 line to close duing non-peak meal times.

· Lines must run from existing hood towards existing cart elevator (right to left in schematic supplied)

· Lines must include the following existing equipment:

· 2x plate warmers: 22” deep, 30” wide, 40” high

· 2x base charger tables: 25” deep, 31” wide, 30” high (plus charger on top)

· 2x tray lowerators: 25” deep, 17” wide, 38” high

· Demo/electrical/plumbing/installation/equipment must all be provided by one vendor.

· Once work commences, all work must be completed within 14 calendar days (includes weekend/evenings) 4 Ambient Shelves:

· Unit size: 30-32” wide, 24-26” deep

· Shelf size: 26-28” wide, 18-22” deep (to fit a full size sheet pan)

· Must have a minimum of 4 shelves

· Shelves must tilt by raising the back of the shelf 5-7” from horizontal so that products “self face”/”gravity feed” to the front of the shelf

· Must have 7-9” spacing between shelves

· Must have adjustable divider bars to separate stocked products

· Must be on wheels, with swivel casters and brakes

· Safety feature: must have a stopper to prevent back of shelf from falling below horizontal

2 Ambient Slider Tables:

· Unit Size: 70”-85” wide, 21-24” deep, 36” high

· Must have internal product storage capacity

· Must have tray slides that accommodate 15x20” trays and allow trays to slide/be pushed from end to end of table without employee lifting

· Must have an open top to allow employee to reach in to retrieve products

· Must have baskets that fit inside unit to store/stock products

· Must have self-leveling riser(s) to raise baskests/product up within unit

· Storage space must be a minimum of 21” deep.

· Must have a drain hole

· Must be on wheels, with swivel casters and brakes

2 Tray Tables:

· Unit size: 28-32” wide, 21-25” deep, 36” high

· Must have internal product storage capacity

· Must have tray slides that accommodate 15x20” trays and allow trays to slide/be pushed from end to end of table without employee lifting

· Must have an open top to allow employee to reach in to retrieve products

· Must have an open front to allow for stocking of products

· Must have baskests that fit inside unit to store/stock products

· Storage must be a minimum of 21” deep

· Must have fixed undershelf for additional storage

· Must be on wheels, with swivel casters and brakes Bins & Dividers:

· Bins and dividers for awarded shelves and tables 4 Refrigerators:

· Unit size: 26-30” wide, 36-40” deep, 70-80” high, 30-35 Cubic Foot capacity

· Electrical requirements: 120 volt, 20 amp breaker

· Air curtain Refigerators with both front (stainless steel) and rear (glass) doors

· Must have stainless steel interior and exterior

· Must have at least 4 shelves that tilt by raising the back of the shelf 5-7” from horizontal so that products “self face”/”gravity feed” to the front of the shelf

· Must have back door with minimum of 270* door swing

· Must have front door that opens to 90* and slides parallel to the body of the unit (remain open during service without obstructing trayline).

· then slides along the body of the unit so it can remin open without obstructing can be tucked parallel and next to body of unit when opened at 90*

· Front door must swing to clear minimum 36” height when opened

· Must be on wheels, with swivel casters and breaks 2 Hot Tables:

· Unit size: 90-100” long, 30-32” deep, 35-37” high

· Electrical: 208v/3ph 30 amp breaker

· Six hot wells to hold full size 12”x20” hotel pan

· 10-14” double stainless steel overshelf with heat lamp

· 8-10” drop shelf at operator side of table

· Lower base area open for storage

· All wells with individual drains that connect to single spigot and hose to route to floor drain

· Each well individually temperature controlled

· Must be on wheels, with swivel casters and breaks 2 Custom Overshelves to attach to existing base heater/activator table and hold existing toasters:

· Table mounted shelf measures 30" long x 14" wide

· Constructed of 16 gauge stainless steel with the back formed straight up 1-1/2".

· Front edge and both ends are turned straight down 1-1/2" and back 1/2" at 60 degrees from vertical.

· Shelf to be mounted by 4 each 1” square legs to hold toaster.

1 Custom Beverage Table:

· Worktable measures 116" long x 36" wide x 36" high

· The top is 14 gauge stainless steel with all four sides turned straight down1-1/2" and back 1/2" at 60 degrees from vertical.

· Base of the table is fully open and supported by 1-5/8" O.D. x .065 thick stainless steel tubular legs fitted with stainless steel leg sockets and adjustable stainless steel bullet feet. The stainless steel shelf is continuously welded to the legs at approximately 10" off the finished floor with all four sides turned straight down 1-1/2" and back 1/2" at 60 degrees from vertical.

· Two wall mounted glass rack shelves to hold 1 20”x20” rack each, back of shelves raised 5-7” so that stocked cups slide to front of table/operator. Glass racks at both ends of table.

1 Support:

· In person/onsite Training & Implementation

· Multiple trainings must be provided on various days and times in order to reach the majority of Food Service staff. Training should be a minimum of twice during morning shift (6:30am-10:30am) and twice on evening shift (3:30pm-7:30pm) 1 Installation:

Scope of work:

· All work must be completed within 14 calendar days (including weekends/nights) of starting

· Removal of the existing tray-line system. Includes disposal to back dock, and into provided dumpster. (vendor to provide the dumpster)

· Uncrate set in place new equipment.

· Required site visit to assess existing equipment and total electrical and plumbing needs.

Electrical:

· All electrical must comply with all applicable electrical standards including National Electric Code.

· Provide and install conduit, wire and new main breaker for new electrical panel. Service to be run under floor.

· Provide and install new panel/breaker to be adequate to supply power to all existing equipment, awarded equipment, and additional 30% load for future equipment needs. Nema 4X Stainless Panel - Main breaker 225 amp electrical panel.

· Equipment connection cord from ceiling junction box to equipment will be SOOW/JOOW type cord

· Provide and install ceiling cord drops for each pice of new and existing equipment at final equipment location with plug/load matching each piece of equipment.

· Plugs must be twist lock type for hardwire connected from the ceiling junction box

· Cords must be straight cable/cord with supporting guide wire

· Each cord cable will be long enough to move the equipment 5 feet in any direction.

· All equipment will have its own dedicated circuit and dedicated neutral

· Existing equipment:

· Trayline:

· 2x base chargers:

· 208/240 VAC, 60Hz, 3 phase, minimum circuit ampacity: 30A, load amperage: 24A, wire: 4 (3W+ground)

· 2x plate warmers

· 208/220 VAC, 60 Hz, 20 amp power cord with NEMA 6-20P plug, 2 wire + ground

· 208V, 240V, Single Phase, 15.9 Amps, 60HZ, 3 wire, 6-20P plug

· 2x toasters

· 120V, 13.8 Amp

· 2x ticket printers

· Power Supply Voltage:24 VDC ± 7%

· Power Source:100 24 VDC ± 7%, 50/60 Hz, External (AC cable included)

· Beverage Area:

· Ice Machine: 115V, 60Hz, 1 phase, 11.0A total system, 20A max circuit

· 2x Juice Dispenser: 120 VAC, 1 PH, 60 Hz, 7.2A

· 2x Coffee Dispenser: 230V, 60Hz, 1 Ph, 5.3kW, 23.8A

PLUMBING

· Make all final plumbing connections to equipment that require water, and drains\

· Beverage Area: water/drain for ice machine, water for all beverage/coffee dispensers

· Provide, cut floor and install two new floor sinks with covers/grates.

· Trayline: drain to capacity of two steam well tables draining simultaneously

· Beverage area: drain to capacity of ice machine.

· Install water shut off valve for each pice of equipment that has a water intake (2 juice machines, 2 coffee machines, 1 ice machine)

· Core drill floor for water line(s) and an additional 4” core for new electrical service

· Run lines and rough in one new cold water service next to floor sink at beverage station

3. Delivery Location:

San Francisco VAMC Building 203 Warehouse 4150 Clement Street San Francisco, CA 94121

4. Delivery Requirements:

The Vendor shall notify the COR to plan the delivery date. This notification shall be provided at least one month prior to the vendor-anticipated delivery date. The Vendor shall plan and coordinate with the COR, Nutrition and Food Services Supervisors, Logistics/warehouse.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Ambient Shelves in accordance with Statement of Work, Salient Characteristics document, and all other attachments.

Contract Period: Base POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances 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: ____________________

Ambient Slider Tables in accordance with Statement of Work, Salient Characteristics document, and all other attachments.

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

Tray Table in accordance with Statement of Work, Salient Characteristics document, and all other attachments.

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

Bins and Dividers in accordance with Statement of Work, Salient Characteristics document, and all other attachments.

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

0004AA

Bin - Large

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

0004AB

Bins - Small

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

0004AC

Dividers - Large

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

0004AD

Dividers - Small

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

Refrigerators in accordance with Statement of Work, Salient Characteristics document, and all other attachments.

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

Hot Table in accordance with Statement of Work, Salient Characteristics document, and all other attachments.

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

Custom Overshelves to attach to existing base heater/activator table and hold existing toasters in accordance with Statement of Work, Salient Characteristics document, and all other attachments.

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

Custom Beverage Table in accordance with Statement of Work, Salient Characteristics document, and all other attachments.

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

SUPPORT Training and Implementation in accordance with Statement of Work, Salient Characteristics document, and all other attachments.

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

Removal/disposal of Exsisting tray and debris in accordance with Statement of Work, Salient Characteristics document, and all other attachments.

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

Installation/Construction Services in accordance with Statement of Work, Salient Characteristics document, and all other attachments.

POP Begin: 04-22-2022 POP End: 08-21-2022 PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances Line Item OEM Name: ____________________ Line Item OEM DUNS #: ____________________ Line Item OEM Country of Origin: ____________________ Manufacturer Part Number: ____________________ Distributer/Reseller Catalog #: ____________________

0011AA

Installation

POP Begin: 04-22-2022 POP End: 08-21-2022

0011AB

Electric

POP Begin: 04-22-2022 POP End: 08-21-2022

0011AC

Plumbing

POP Begin: 04-22-2022 POP End: 08-21-2022

Shipping in accordance with Statement of Work, Salient Characteristics document, and all other attachments.

POP Begin: 04-22-2022 POP End: 08-21-2022

B.3 DELIVERY SCHEDULE

0004AA

0004AB

0004AC

0004AD

1.00

2.00

0.00

0011AA

1.00

0011AB

1.00

0011AC

1.00

1.00

Page 1 of Page 1 of

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

(End of Clause)

C.4 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

(End of Clause) C.5 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of Clause) C.6 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.7 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…