36C26124Q0849.docx

36C26124Q0849

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. 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

459-25-1-622-0004

08-26-2024 Bruce Lundvall 916-459-4549 09-04-2024

PDT

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office (NCO) 21 3237 Peacekeeper Way, Bldg 200 Suite 204 McClellan Park CA 95652

X

561210 $47 Million

N/A

VA Northern California Healthcare System 5342 Dudley Blvd., Bldg. 209

McClellan CA 95652

612MCP

Department of Veterans Affairs

Network Contracting Office (NCO) 21 3237 Peacekeeper Way, Bldg 200 Suite 204 McClellan CA 95652

Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Request for Quotes for Building Maintenance Services services for four sites located at VA Pacific Islands Health Care System (VAPINCS). Ref. Section B.3 for details.

Offerors to submit quote(s) per instructions provided in Sections 52.212-1 and 52.212-2.

Submit all questions five business days prior to the due via email to bruce.lundvall@va.gov.

Dept. of Labor Wage Rate Schedule #2015-5691 Rev 20 Revision 20, Date 12/26/2023

See CONTINUATION Page

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:

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.

Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

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

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

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

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

· FSC e-invoice email: vafsccshd@va.gov

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Hawaii Building Maintenance Services in accordance with the attached Performance Work Statement.

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: Z1AA - Maintenance of Office Buildings

Hawaii Building Maintenance Services in accordance with the attached Performance Work Statement.

Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

Hawaii Building Maintenance Services in accordance with the attached Performance Work Statement.

Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

Hawaii Building Maintenance Services in accordance with the attached Performance Work Statement.

Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

Hawaii Building Maintenance Services in accordance with the attached Performance Work Statement.

Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

B.3 PERFORMANCE WORK STATEMENT

Location(s) Information:

E-Wing Bldg. T-1 1 Jarret White Rd Honolulu, HI 96819

Community Living Center (CLC) Bldg. 110 110 Krukowski Rd Honolulu, HI 96819

Ambulatory Care Clinic (ACC) Bldg. 30 459 Patterson Rd.

Honolulu, HI 96819

Parking Structure Bldg. 32 114 Krukowski Rd Honolulu, HI 96819

1.0 Scope of Work

1.1 Unless otherwise specified herein, the contractor will provide all personnel, equipment, tools, and supervision. The Veterans Affairs (VA) will furnish all materials needed to complete the work.

1.2 Maintenance and repair services will include but not be limited to the following:

a. Carpentry/Painting – touch-up painting, patching wall, painting, carpet replacement and flooring work. Frequency: 20 hours/monthly.

b. Plumbing – water heaters, sinks, toilets, urinals, faucets, showers, drinking fountains, and fire sprinkler head. Frequency: 20 hours/monthly.

c. Electrical – troubleshooting electrical outages such as dead circuits, data lines and analog lines. Additional work is installing outlets, switches, circuit breaker, lighting fixtures, faceplates, receptacles, light bulbs, lamps, data lines (CAT 5 or CAT 6) and analog lines. Note: Contractor to install data port on wall and pull network cable to IT closet. Contractor will not connect network cable to any patch panel. Frequency: 20 hours/monthly.

d. Heating, Ventilation and Air Conditioning – (HVAC) equipment, refrigeration equipment, blowers, compressors, motors, dampers, condensers, cooling coils, pumps, duct work, air filters, heating units, air handler units, motors, belts, greasing of bearing, cleaning of coils, checking pressures, clear all drain lines of debris, ensure drain are draining properly. Frequency: 20 hours/monthly.

e. Life Safety Equipment – technician will perform maintenance on exit signs, emergency lights, service fire extinguisher, strobe lights, annunciator and pull station/code blue. Frequency: 20 hours/monthly.

f. Asbestos and mold – testing for both asbestos and mold. Frequency: 10 hours/yearly and as needed.

g. Locksmith – rekey, replace door hardware, and unlock doors. Frequency: 10 hours/year and as needed.

h. Additional maintenance to include bi-annually pressure washing parking, sidewalk, building and entry signage. Frequency: 20 hours/monthly.

1.3 All supplies and materials will be of a type and quality that conform to applicable Federal specifications and standards and, to the extent feasible and reasonable. The performance of work described herein are subject to the approval of the Contracting Officer Representative (COR) and Contracting Officer (CO) or Contracting Specialist (CS).

1.4 The contractor must submit to the COR a list indicating the name of the manufacturer, the brand name, and the intended use of each of the materials, proposed for use in the performance of its work.

1.5 The contractor will not use any materials, chemicals, or compounds which the COR determines would be unsuitable for the intended purpose or harmful to the surfaces to which applied.

1.6 The contractor will perform service call work, recurring work, and preventive maintenance. Contractor will provide monthly, mid-year and yearly report to the COR.

1.7 The contractor will receive all service call requests directly from COR. The contractor will respond accordingly for emergency and urgent calls. A log will be maintained of all service calls received; a description of the problem or requested work, date and time received facility/building name and number, ands caller’s name/telephone number will be recorded for each call. The contractor will plan and schedule work to assure material, labor, and equipment are available to complete work requirements with regard to established time limits and quality standards. Verbal scheduling and status reports will be provided when requested by the COR.

1.8 Emergency service calls will be classified as emergency at the discretion of the COR. Generally, emergency calls consist of correcting failures that constitute an immediate danger to personnel; threaten to damage property or threaten to disrupt activity operations. Urgent service calls will be classified as urgent at the discretion of the COR. Generally, urgent calls consist of providing services or correcting failures which do not immediately threaten personnel, property, or activity missions, but will soon inconvenience and/or affect the health or well being of personnel, and lead to property damage. Routine service calls will be classified as routine when the work does not qualify as an emergency or urgent call.

1.9 The contractor will have procedures for receiving and responding to emergency services within the specified response time seven days a week, including weekends and holidays and provide on-call response within 2 hours for weekends, holidays, and after normal duty hours for emergency service calls. This work will be continuous 24 hours a day, 7 days a week until completed, unless approved by the COR. The contractor must be on the job site and working within 60 minutes after receipt of an emergency service call. The contractor will work without interruption and will correct, remedy, or take other action as required to contain the emergency service call before departing the job site.

1.10 The Contractor will have procedures for receiving and responding to urgent service calls within one hour after receipt of an urgent service call received during regular working hours, and within 2 hours for urgent calls received after regular working hours, on weekends, or holidays.

1.11 All routine service calls will be completed within 5 working days after receipt. Routine calls will be normally accomplished during regular working hours, Monday through Friday.

1.12 Recurring work includes Preventive Maintenance (PM) and start-up/shutdown of systems. The contractor will maintain sufficient parts, materials, and equipment on hand to perform all recurring work as specified. Preventive maintenance consists primarily of inspection, lubrication, calibration, adjustment, and minor part and component replacement (e.g., filter, belts, fluids, oil, and grease) as required to minimize malfunction, breakdown, and deterioration of equipment; and the identification of and/or performance of any repairs required to ensure the equipment is operating per manufacturer’s standards. The contractor will complete all identified repairs and provide all necessary services, parts, and materials as part of the PM.

1.13 The Contractor will submit a detailed PM schedule to the COR for approval at least 15 calendar days prior to the start date of the contract. The schedule will cover the entire term of the contract and include for each system/piece of equipment and PM lasted herein, the facility/building number, the work to be performed (e.g., semiannual PM), and the week of the month the PM will be perfumed.

1.14 The contractor will arrange work so as not to cause interference with normal occurrence of Government business. In those cases where some interference is unavoidable, the Contractor must make every effort to minimize the impact of the interference and its effects.

1.15 Other contractors may be engaged in work in support of the facilities/buildings. The Contractor for this contract will coordinate and cooperate with all other Contractors to avoid conflicts in work schedules and performance. In the event of conflicts that cannot be satisfactorily resolved, the matter will be referred to the Contracting Officer for a decision.

1.16 The contractor will furnish in writing to the COR the names of all contractor personnel not later than (NLT) the contract pre-performance conference. The COR will immediately be notified in writing whenever changes are made.

1.17 The contractor will comply with Federal drug-free workplace and work force requirements IAW the Federal Acquisition Regulations.

1.18 The contractor personnel will present a neat appearance and be easily recognized. Waivers or exceptions for office personnel must be accepted by the COR.

1.19 Some classifications of work may require special protective clothing; coveralls, aprons, masks, face shields, reflective vests, back supports, gloves, and steel-toed safety shoes/boots IAW the regulations covering the job descriptions. The contractor will be responsible for identifying those job classifications requiring protection equipment In Accordance With (IAW) Occupational Safety and Health Act (OSHA) standards.

2.0 Required Submittals and Reports

2.1 The Contractor will maintain management, operation, and maintenance records and prepare management, operation, and maintenance reports. Within thirty (30) days of contract award, the Contractor will establish a separate history file for each facility/building. Each file will contain a listing of all equipment by nomenclature and manufacturer’s model number, as well as all manufacturer’s literature, brochures, and pamphlets; maintenance, operator, and parts list manuals; warranty information; a copy of all completed Service Call Work Forms; Preventive Maintenance inspection checklists and forms; and any other information relevant to work performed during the term of the contract. Facility/building files will be made available for review when requested by the COR and turned over to the Contracting Officer within five calendar days after contract completion.

2.2 The Contractor will develop a Maintenance and Repair Plan that will be reviewed and updated annually, and as required by the Contracting Officer. The Plan must contain and define the following elements:

a. The Contractor’s written policy stating its commitment to the use of bio-based products, employee health and safety, and sound environmental management practices.

b. The product attributes for the proposed product brands in each of the above categories must be summarized. Once this list of products has been approved by the Contracting Officer, the Contractor is responsible for using only those approved products. If for some reason the product is found later to be ineffective, or the Contractor would otherwise like to propose an alternative product, either the Contractor or Contracting Officer may propose for consideration an “equal” product. The Contracting Officer is the final decision-maker for such substitutions and must approve each in writing.

c. The contractor will define proper procedures for the storage of hazardous materials in conformance with good housekeeping practices, the National Fire Prevention Association (NFPA) Code, and applicable federal and municipal regulations. The Plan also must define proper procedures for the identification and disposal of hazardous wastes in accordance with Resource Conservation and Recovery Act (RCRA) regulations.

d. The contractor will maintain strict control of all documents.

e. The contractor will provide a report with the services that were completed for each month. Include the hours and type of service performed.

3.0 Quality Control Program

3.1 The contractor will institute and maintain a complete quality-control program to ensure that the requirements of this contract are provided, as specified. The overall goal of the program should be to identify and correct any problems that may exist before they are identified by or reported to the COR and/or the building-management staff. As a minimum, the program will include:

3.1.1 An inspection system covering all the services required with a comprehensive checklist to be used to inspect contract performance during scheduled and unscheduled inspections, and the name(s) of the individuals who will be performing the inspections.

3.1.2 A system for identifying and correcting deficiencies and/or a pattern of deficiencies in the quality or quantity of services provided before the level of performance becomes unacceptable and/or Government inspectors point out the deficiencies.

3.1.3 A file of all inspections conducted by the Contractor and corrective actions taken. This will include follow-up inspections to ensure that corrective action was appropriate, complete, and timely. This documentation will be organized in a logical manner, kept current, and made available to the COR and the Contracting Officer during the term of the contract.

3.1.4 Not later than 30 days prior to contract start date, the contractor will establish procedures to ensure on call personnel will report for duty within 60 minutes of notification. The contractor will furnish the COR an on-call contact listing. This listing will be updated to ensure personnel are available continuously throughout the contract period.

4.0 QUALITY ASSURANCE

4.1 The Government will evaluate the contractor's performance under this contract. All surveillance observations will be recorded by the Government. When an observation indicates defective performance, the COR will request the contractor's representative initial the observation.

4.2 Government verification inspections of services will not constitute acceptance, nor replace the contractor inspection or in any way relieve the contractor of any responsibility to take all actions necessary to assure highest quality of service rendered.

4.3 The contractor may be required to meet at least weekly with the COR during the first month of the contract. Meetings will be as often as necessary thereafter as determined by the COR.

4.4 The contractor will maintain a current listing of employees. The list will include employee’s name, social security number, and level of security clearance. The list will be validated and signed by the Contractor and provided to the COR. Updated listings will be provided when an employee’s status or information changes.

5.0. OPERATING HOURS

5.1 Operating hours will meet mission requirements.

5.2 Maintenance hours of operation will be outside of business hours 0730 to 1600 hours daily (to avoid patient interruption), Monday through Friday. Saturday and Sunday 0700-1600

5.3 Recognized Holidays. Except for work categorized as emergency, the contractor is not required to provide all services on the federal holidays.

Federal Holidays: National Holidays observed by the Federal Government are:

New Year’s Day, January 1 Martin Luther King Day, Third Monday in January Presidents’ Day, Third Monday in February Memorial Day, Last Monday in May Juneteenth, June 19th Independence Day, July 4 Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans’ Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25 NOTE: Any of the above holidays falling on a Saturday or Sunday will be observed on the date designated by the Federal Government.

5.4 Upon notification by the COR, the contractor will provide services to support weekend/holiday training schedule.

6.0 SAFETY AND ACCIDENT PREVENTION:

6.1 The contractor will formulate and submit, within 30 days after the conditional contract award date, a written safety and health plan for acceptance by the Government. The written plan will include the details of the contractor's safety organization, responsibilities, method of program implementation, and how hazards and deficiencies will be identified and corrected. It will detail employee's responsibilities for: protection of Government property and safety of others, employee's responsibilities for reporting all mishaps, and establish procedures for reporting or correcting unsafe conditions, hazards, or practices. The plan will also contain mishap notification and reporting procedures. The contractor will have a central Point of Contact (POC) for safety and health related issues. The POC will be identified in writing to the COR.

6.2 The contractor will ensure employees have safety education when engaged in activities involving Government facilities, personnel, or equipment.

6.3 The contractor will immediately notify COR of all accidents/incidents involving employee use of and/or damage/injury to facilities, equipment, or personnel.

6.4 The contractor will require their personnel to wear safety shoes/boots IAW OSHA standards.

6.5 The contractor will provide all required personal protection equipment, e.g., respirators, hearing protection, eye protection, gloves, steel-toed boots, aprons, masks, face shields, reflective vests, etc. IAW OSHA standards.

6.6 The contractor personnel will provide OSHA 10 or 30-hour certificates and first aid certifications. Contractor will be required to provide Activity Hazard Analysis (AHA), Accident Prevention Plan (APP) and Safety Data Sheet (SDS) upon request from COR.

7.0. ENVIRONMENTAL REQUIREMENTS

7.1 The contractor will comply with all federal, state, and local environmental laws, policies and regulations to include but not limited to Resource Conservation and Recovery Act (RCRA), Safe Water Drinking Act (SWDA), the Clean Air Act (CAA), and Federal Facilities Compliance Act (FFCA).

7.2 The use, handling, storage, and disposal of all toxic, hazardous, special or radiological wastes/materials will be IAW all local, state, federal, and environmental regulations and procedures.

7.3 The contractor will provide a complete environmental plan to assure compliance with all environmental statutes and regulations. One copy of the plan will be provided to the COR at the pre-performance conference and as changes occur.

8.0 GOVERNMENT OBSERVATIONS

8.1 The COR will be responsible for continuous observations of the contractor's performance under this contract. All observations of incomplete or defective performance, or safety and health standards violated will be recorded. Written notices issued by the CO will require the contractor to reply, in writing, to the CO within five workdays after receipt, explaining reasons for the existing conditions, the corrective action, and procedures taken to prevent recurrence.

8.2 The contractor will be evaluated in accordance with the Quality Assurance Surveillance Plan (QASP)

9.0 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary.

10.0 CONTRACT ADMINISTRATION

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity, or quality of performance of this contract.

The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

11.0 RATINGS

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

Positive outcome: No more than 1 incident of not meeting the performance standard during the period of performance Neutral outcome: No more than 2 incidents of not meeting the performance standard during the period of performance Negative outcome: More than 3 incidents of not meeting the performance standard during the period of performance.

12.0 DOCUMENTING PERFORMANCE

a. ACCEPTABLE PERFORMANCE The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.

b. UNACCEPTABLE PERFORMANCE When unacceptable performance occurs, the COR will inform the Contracting Officer (CO). This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR and the CO will document the discussion and place it in their respective file. When the COR determines formal written communication is required, the COR will prepare a Contract Discrepancy Report (CDR), and present it to the CO. The CO will in turn review and submit to the contractor's program manager for corrective action. The contractor shall acknowledge receipt of the CDR in writing. The CDR shall specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR shall also state how long after receipt the contractor must present this corrective action plan to the CO and COR. The Government will review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

13.0 FREQUENCY OF MEASUREMENT

a. Frequency of Measurement.

During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.

b. Frequency of Performance Assessment Meetings.

The COR shall meet with the contractor monthly to assess performance and shall provide a written assessment.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.252-2 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 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.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center…