36C26125Q0264.pdf

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

36C261-25-AP-1213

662-25-1-096-0038

36C26125Q0264 02-04-2025

Shanel Pagaragan (702) 533-9443 02-07-2025

10:00 HST

Department of Veterans Affairs

Network Contracting Office 21 (NCO 21)

VA Pacific Islands Health Care System

711 Kapiolani Blvd Suite 200

Honolulu HI 96813

X 100

X

339999

550 Employees

N/A

Department of Veteran Affairs

VA San Francisco Health Care System

4150 Clement Street

San Francisco CA 94121

Department of Veterans Affairs

Network Contracting Office 21 (NCO 21)

VA NorCal Health Care System

10535 Hospital Way

Mather CA 95655

Department of Veterans Affairs

FMS VA-9(101) Financial Services Center

PO Box 149971

Austin TX 78714-9971

866-372-1141 vafscenterprisesupport@va

See CONTINUATION Page

This RFQ is a Brand-Name or Equal, Small Business Set-Aside for four (4) M600 Pay Stations and associated accessories in support of VA San Francisco Health Care System.

Please follow instructions in Section E of this RFQ.

Respondents shall fill out Section B.2 (Price Schedule) and indicate delivery/completion timeframe.

Please submit quote via email to Shanel.Pagaragan@va.gov.

Period of Performance

Base: 2/17/2025-2/16/2026

Option Year 1: 2/17/2026-2/16/2027

Option Year 2: 2/17/2027-2/16/2028

Option Year 3: 2/17/2028-2/16/2029

Option Year 4: 2/17/2029-2/16/2030

See CONTINUATION Page

X 1

David J. Alvarez

Contracting Officer

36C26125Q0264

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

STATEMENT OF WORK………………………………………………………………………..4

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 19

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 21

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2024)

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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 David J. Alvarez

Department of Veterans Affairs

Network Contracting Office 21 (NCO 21)

VA Pacific Islands Health Care System

711 Kapiolani Blvd Suite 200

Honolulu HI 96813

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Government Delivery and Acceptance

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.

Statement of Work

1. Scope:

The San Francisco Veterans Affairs Health Care System (SFVAHCS), 4150 Clement Street, San Francisco, CA 94121, requires a parking and management system for all parking lots that serve our health care facility's Veterans, patients, and visitors. Based on current operations, it is estimated that approximately 1,100 cars will be parked daily by Veterans, patients, visitors, and staff in parking structures 209, 211, 212, and assorted parking lots throughout the facility.

Parking Structure 212 provides valet services to approximately 340 Veterans daily, as it is ONLY for Veteran parking. Parking Structure 209 has a contracted valet that utilizes a designated garage section for valet services for employee vehicles. Parking Structure 211 is for employee/Veteran self-parking with designated areas for GOV vehicles.

The contractor will provide a software and hardware system that allows the SFVAHCS to collect revenue and manage parking operations. The system will cover all parking areas. Users will access the system via scan, text, or app login on their mobile device, with instructions listed on signage posted in designated areas. This contract will include one base year with (4) Option Years that may be exercised at the government's discretion.

SFVAHCS will also offer monthly/biannual/annual parking passes for purchase; the Vendor will have a process to include such employees as “paid” in the enforcement system.

2. Operations:

The Parking Management System services shall be available 24 hours a day, 7 days a week.

The contractor shall collect revenue from all SFVAHCS parking lot occupants and facilitate the smooth operation of the parking lot management enforcement system.

3. Requirements:

The vendor will install four multi-space meters for Pay By Space, Pay and Display, and Pay by License at the SFVAHCS. These meters will accept credit cards. They will run on AC power, and the system must allow for remote management and monitoring.

4. Payment Terms:

If you prefer receiving payments via check for credit card transactions, the contractor can serve as the merchant of record for your transactions. Here's how it works:

1. Transaction Handling: We will be the merchant of record and process all your credit card transactions, ensuring they are handled efficiently and securely.

2. Monthly Settlement: At the end of each month, we will:

Generate Revenue Reports: Provide detailed reports showing all transactions, the total revenue collected, and the associated fees.

Issue Payments: Send you a check for the net revenue after deducting the agreed-upon fees, or we can send a check for the total revenue and a bill for the processing charges.

3. Fee Structure:

Service Fee: A flat fee of $0.20 per transaction for our services.

Credit Card Processing Fees from the processor: These are passed through to you directly, typically ranging from 1.5% to 3.5% of each transaction's value plus a small flat fee (e.g., $0.10 to $0.30 per transaction).

Monthly payment will consist of total parking revenue net fees in the form of check payments to San Francisco Veterans Affairs Healthcare Center, Attn: Agent Cashier, 4150 Clement Street, San Francisco, California 94121

5. Installation and Testing:

The contractor shall remove the existing M400 pay stations. The contractor shall install the AFM unit, including mounting the pedestal, programming the machine, and conducting tests to ensure it works properly. The contractor shall furnish and install all required anchoring, electrical connections, and incidentals to complete the installation.

5.1. Installation Plan

The contractor must gather information from the location and provide an installation plan that includes the following considerations:

· Infrastructure, connectivity, and communications (if applicable) and power type and availability options must be in place at the installation site before installation (e.g., machine pedestal, power, etc.).

· List all peripherals and supplies required by the park and available for the installation and to begin operations (e.g., receipt paper, surge protectors, etc.)

· Detailed network description and/or diagram of hardware, other related equipment, and software with names, locations, type of connectivity, and IP addresses (if applicable and known).

· Milestone dates and tasks for configuring, testing, installing, training, and implementing.

Information required by the contractor for installation and staff training logistics (e.g., the following and any additional information):

. Location and positioning of the equipment to minimize environmental impacts and obstacles that could impede the successful use of the machine (e.g., glare, direct sunlight, driving rain, hail, sand, prevailing winds, etc.).

. Timing considerations for installation (e.g., during park business hours, before business opens, after business closes, etc.).

· Access to buildings and/or computers requiring an escort or staff with appropriate computer permissions (e.g. IT Specialist with administrative rights to install software).

· Travel time, road conditions/closures, seasonal traffic, and other factors affect travel time to/from/between installations (e.g., congestion, periods of high visitation, inclement weather, distances, etc.).

· Contact numbers for Staff, installation team, collection locations, main switchboard, etc.

Communication constraints (e.g., poor cell phone reception).

· Training, planning, and logistics facility with adequate Internet connection, audio-visual equipment support, access, size, etc.

5.2. Installation.

· The contractor shall remove the existing M400 pay stations and install the new equipment and software. Upon installation, the contractor must also test data transfer and sales activity processing and successful card authorization and settlement by completing the following:

5.3. Testing and Configuration:

1. Before operation, the contractor must configure the equipment and software, test the configuration, and verify accurate product sales, receipt generation, data transfer, and sales activity processing, including transaction authorizations and settlement. This test must be coordinated with the park’s installation point of contact.

2. Before the unit is put into operation, the contractor must perform a test in the production environment to ensure the credit card merchant account authorization and settlement are correct.

3. The Contractor must coordinate with the assigned point of contact to verify that the test funds reached the proper Revenue Account. The contractor will also produce a daily summary report of credit card deposits before performing live credit card sales.

4. The contractor must install payment systems for the payment application device.

5. Documentation attesting and verifying that configurations and installations have been performed.

5.4 Post-Installation and Acceptance Report

Within five (5) days after an installation, the contractor must provide the Client with a report detailing the following:

· An updated network diagram of the equipment and software installed by collection location name, machine names, type of connectivity, and IP addresses.

· Follow-up items to be completed by the contractor or Client

· Special notes, observations, and/or obstacles identified during the installation.

· Training performed during the installation and remaining training to be provided.

· Installation completion acceptance document for the Client to sign acknowledging that the installation is complete.

6. Technical Specifications:

6.1. Cabinet and Pedestal

· Cabinet must be a minimum of 11-gauge stainless steel.

· Pedestal (when required) must be, at minimum, 10-gauge steel with four locations for anchor bolt fasteners; anchor bolts must not be exposed.

· The cabinet surface must be treated with a zinc undercoat primer for rust protection.

· The surface finish must be a powder-coating paint that is electro-statically charged and baked on.

· The unit must be available in various colors, with the option for customized graphic wraps or decals.

· Cabinet must have an aesthetically pleasing design that is easily recognizable and related to fee collection.

· Must have at least ten (10) successful years of operation in climates like that of the SFVA

6.2. Physical Security and Lock

· The main access door must be tamper-resistant with multiple locking points.

· No locks can be exposed beyond the flush mount of the cabinet.

· All locks should be keyed with a proprietary combination exclusively for contractor

· Other than the protective door key lock, proprietary device(s) such as rods, sticks, or bars must not be needed to open the cabinet door.

6.3. Display

· The unit must have a large LCD screen with a 240 x 128 resolution display and easy-to-read capabilities in various lighting conditions, including direct sunlight.

· All instructions and rates will be provided through the LCD, eliminating the need for external signage.

· Screen must be recessed and protected by a scratch-resistant security cover.

· Screen must be vandal-resistant, weather-proof, and corrosion-resistant.

· Screen must be modular, easily unplugged, and replaced with basic tools for easy servicing.

· Screen must display dark lettering on a light background or light lettering on a dark background to meet ADA standards.

· The display is backlit for improved readability during low/no light conditions

· LCD must have the ability to display at least four options simultaneously.

· All prompts on the pay stations must be user-configurable.

· A fan system is included for proper ventilation in high-heat environments.

· For exceptional visibility for older adults and the vision impaired, the display must meet the required ADA standards for size and contrast for ease of vision.

The display character font size should be an extra-large 22.5.

6.4. Keypad

· Must be of metal construction

· The unit must have a full numeric, tactile feel keypad.

· The unit must provide an ATM-style, menu-driven interface with keys adjacent to the display, making it easier to choose the options shown on the display.

· The keypad must be backlit, vandal-resistant, weatherproof, and corrosion-resistant.

· The keypad must be modular, easily unplugged, and removed with basic tools for easy servicing.

· Keypad options:

o Full alphanumeric keypad for vehicle license plate entry; or o 3 x 4 numeric keypad for Pay and Display or Pay by Space.

· When a key is pressed, an audible indication is given to provide feedback to the customer.

· For the audio option, a HELP button is located below the display and is clearly designated as “help.”

6.5. Receipt Slot

· The receipt slot must be protected with a clear Lexan sliding door.

· Must have a drain hole to allow water and condensation to escape.

· Must be constructed of stainless steel.

7. Compliance and Standards:

The contractor must comply with all VA policies and directives.

8. Reporting Requirement:

The contractor agrees to make real-time parking payment information available to the SFVAHCS for enforcement and fiscal purposes. The contractor will, as much as practicable, ensure that reports are provided in a format acceptable to the SFVAHCS and provide training on how to pull/read reports.

9. Training and Support:

1. The contractor will create a training program for technicians and staff covering:

A. Installation, startup, and operation of the units.

B. Routine maintenance and troubleshooting.

C. Setting rates and valid parking times using the management software.

D. System monitoring, auditing, and managing user account passwords.

E. User tasks: logging in and out, processing transactions, and generating operational and sales reports.

F. Manager tasks: adding or removing authorized users, changing products (like adding items, updating prices, and editing receipt details), and generating reports.

H. Maintenance and troubleshooting: adding paper, clearing paper jams, changing parts, performing minor repairs, following a maintenance schedule, and handling common issues.

2. The contractor shall explain Help Desk procedures and provide contact information, including levels of service, hours of operation under the agreement, phone numbers, email, website, and shipping address.

9.1 Warranty:

1. The Contractor shall submit a minimum 1-year manufacturer warranty for the AFM, including workmanship and materials free from defect, for a minimum of one (1) year from the installation and startup date. Warranty Documentation shall be submitted before Final Acceptance and Payment. Additional items to be covered and included:

a. Warranty start date

b. Warranty procedures

c. Cost and process for extended warranties

d. List of items covered under warranty

e. Available services (e.g., onsite repairs and remote technical assistance

9.2 Deployment Plan – (Timeline for Standard Project with 8-week lead time; thus, actual timeframes could vary.)

1. After Project Award (within five business days)

a. Contractor will provide final sales order to confirm system requirements

b. Contractor will provide setup forms for the following system configuration requirements (where applicable)

1. Pay Station networking/communication

2. Merchant Account Processing setup

3. venVUE web access account setup

4. Pay Station Fee Rates and Configuration setup

5. Production of pay stations begins

6. Initial System Design Review (within ten business days)

d. Confirm the networking methodology used at each pay station location and the timeline for the customer to complete any infrastructure improvements needed for installation.

e. Confirm the mounting method for each pay station and any ADA requirements.

f. Confirm credit card merchant processor details and begin setup procedures from the forms received.

g. Confirm Pay Station Fee Rates and Configuration setup from forms received.

2. Network Configuration Information (within 15 business days)

a. If possible, perform factory tests with customer settings.

3. Credit card authorization mechanism test (within 25 business days)

a. Complete credit card authorization configuration on new Merchant Server

b. Perform credit authorization tests using the customer configuration

4. Review final system design with the customer (within 30 business days)

a. Pay station and operational configuration final check

b. Onsite installation and training preparation

c. Confirm dates for installation and training

5. Shipment and Installation (90 days after Contract Award)

a. Equipment arrives at customer location

b. Verification of equipment

c. Installation of equipment

d. Training on equipment (Operation, Collection, Reports & Monitoring)

6. Thirty Day Follow-up

a. Discussion with the customer:

b. Is the system operating/working as expected?

c. Are there any operational concerns?

d. Are any changes or improvements needed?

10. Contract Changes:

Only the CO of this contract is authorized to change its terms and conditions, which will be accomplished through a supplemental agreement with the contractor.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

4.00 EA ________________

M600 Pay and Display or Pay in Lane Includes 1 year Warranty Power Configuration: AC Connectivity: Cellular Payment Mode: All In One Payment Device - - Provides Near Field Contactless Credit Card Read (Tap), Chip Read (Insert) and Traditional Swipe.

Printer Custom Wrap - Door Only Heater Adaptor Plates Contract Period: Base POP Begin: 02-17-2025 POP End: 02-16-2026 PRINCIPAL NAICS CODE: 339999 - All Other Miscellaneous Manufacturing PRODUCT/SERVICE CODE: 3550 - Vending and Coin Operated Machines

MANUFACTURER PART NUMBER (MPN): N/A

1.00 EA ________________

Installation & Training - Installation of new M600 in existing locations - Includes removal of old M400 Contract Period: Base POP Begin: 02-17-2025 POP End: 02-16-2026 PRINCIPAL NAICS CODE: 339999 - All Other Miscellaneous Manufacturing PRODUCT/SERVICE CODE: 3550 - Vending and Coin

1.00 EA ________________

Cloud Based System Management - User credential for venVUE, VenTek's web based management system Contract Period: Base POP Begin: 02-17-2025 POP End: 02-16-2026 PRINCIPAL NAICS CODE: 339999 - All Other Miscellaneous Manufacturing PRODUCT/SERVICE CODE: 3550 - Vending and Coin

Cellular Connectivity Service / Annual fee Per Pay Station Contract Period: Base POP Begin: 02-17-2025 POP End: 02-16-2026 PRINCIPAL NAICS CODE: 339999 - All Other Miscellaneous Manufacturing PRODUCT/SERVICE CODE: 3550 - Vending and Coin

Secure PCI Level 1 Certified Server on Amazon Cloud for Data Storage & Payment Gateway/Annual fee Per Pay Station Contract Period: Base POP Begin: 02-17-2025 POP End: 02-16-2026 PRINCIPAL NAICS CODE: 339999 - All Other Miscellaneous Manufacturing PRODUCT/SERVICE CODE: 3550 - Vending and Coin

8.00 EA ________________

Standard Ticket Paper Rolls (Order Quantity 10+ Rolls) 1" core - Provides 3,000 receipts per roll.

Contract Period: Base POP Begin: 02-17-2025 POP End: 02-16-2026 PRINCIPAL NAICS CODE: 339999 - All Other Miscellaneous Manufacturing PRODUCT/SERVICE CODE: 3550 - Vending and Coin

Cleaner - Thermal Printer, Box of 25 Contract Period: Base POP Begin: 02-17-2025 POP End: 02-16-2026 PRINCIPAL NAICS CODE: 339999 - All Other Miscellaneous Manufacturing PRODUCT/SERVICE CODE: 3550 - Vending and Coin

Cleaner - Credit Card Reader, Box of 50 Contract Period: Base POP Begin: 02-17-2025 POP End: 02-16-2026 PRINCIPAL NAICS CODE: 339999 - All Other Miscellaneous Manufacturing PRODUCT/SERVICE CODE: 3550 - Vending and Coin

1.00 YR ________________

Option Year 1 Contract Period: Option 1 POP Begin: 02-17-2026 POP End: 02-16-2027 PRINCIPAL NAICS CODE: 339999 - All Other Miscellaneous Manufacturing PRODUCT/SERVICE CODE: 3550 - Vending and Coin

Option Year 2 Contract Period: Option 2 POP Begin: 02-17-2027 POP End: 02-16-2028 PRINCIPAL NAICS CODE: 339999 - All Other Miscellaneous Manufacturing PRODUCT/SERVICE CODE: 3550 - Vending and Coin

Option Year 3 Contract Period: Option 3 POP Begin: 02-17-2028 POP End: 02-16-2029 PRINCIPAL NAICS CODE: 339999 - All Other Miscellaneous Manufacturing PRODUCT/SERVICE CODE: 3550 - Vending and Coin

Option Year 4 Contract Period: Option 4 POP Begin: 02-17-2029 POP End: 02-16-2030 PRINCIPAL NAICS CODE: 339999 - All Other Miscellaneous

Manufacturing PRODUCT/SERVICE CODE: 3550 - Vending and Coin

GRAND TOTAL ________________

SECTION C - CONTRACT CLAUSES

C.1 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)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

C.2 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)

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 of expiration date.

(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 of expiration date; 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 5 years.

(End of Clause)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.6 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 (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.

(End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023)

(Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved]

[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved]

[X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.