36C26222R0007.docx

36C26222R0007

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C26222R0007 11-19-2021 Alfreda Hunter 310-617-8271 12-17-2021

4:00 PM

PST

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X 541990 $16.5 Million N/A X Department of Veterans Affairs VA San Diego Healthcare System 3350 La Jolla Village Drive San Diego CA 92161 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center Contractor Shall Bill To:

Tungsten Network http://www.tungsten-network.com/us/ Written Ergonomics Program Development and Management Services.

X X X Alfreda Hunter Table of Contents

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)………………...27

E.3 52.212-2 EVALUATION – COMMERCIAL ITEMS……………………………

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 36C262, Alfreda Hunter Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center Contractor Shall Bill To:

Tungsten Network http://www.tungsten-network.com/us/

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

B.2 SCHEDULE OF SERVICE AND PRICE:

This is an indefinite delivery, indefinite quantity, (IDIQ) fixed-price contract. Prices in this schedule represent an all-inclusive rate. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The guaranteed minimum amount for this contract is $500.00. The maximum aggregate value of the order that can be placed under this contract is $300,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

The previous option year pricing will apply to any extension pursuant to FAR 52.217-8.

BASE YEAR: 01 JANUARY 2022 THRU 31 DECEMBER 2022

OPTION YEAR ONE: 01 JANUARY 2023 THRU 31 DECEMBER 2023

OPTION YEAR TWO: 01 JANUARY 2024 THRU 31 DECEMBER 2024

OPTION YEAR THREE: 01 JANUARY 2025 THRU 31 DECEMBER 2025

OPTION YEAR FOUR: 01 JANUARY 2026 THRU 31 DECEMBER 2026

B.3 STATEMENT OF WORK

1. GENERAL: The Contractor shall provide Written Ergonomics Program Development and Management Services for VA San Diego Healthcare System (VASDHS) in accordance with (IAW) the Statement of Work (SOW). The contractor shall provide qualified personnel to accomplish the requirements as set forth herein. The Contractor shall not work no more than eight (8) hours per day, not including an unpaid 30-minute lunch break and forty (40) hours per week.

2. BACKGROUND: The Contractor shall provide Written Ergonomics Program Development and Management Services for VA San Diego Healthcare System (VASDHS) IAW the SOW. The contractor shall provide qualified personnel to accomplish the requirements as set forth herein. The Contractor shall not work no more than eight (8) hours per day, not including an unpaid 30-minute lunch break and forty (40) hours per week. Ergonomics is making the work or the job best fit for the specific individual’s needs to prevent and reduce discomfort and potential work-related musculoskeletal disorders (MSDs) or other injuries associated with awkward working environment and ergonomic risk factors. Risk factors such as heavy lifting, bending, reaching overhead, pushing/pulling heavy loads, working in awkward body postures, and performing the same/similar tasks repetitively increases a worker’s risk of injury. Having an effective written ergonomics program development and management services can lead to fewer MSD or similar injuries, more productive and sustainable employees, and fewer workers’ compensation claims. This program support is critical in the prevention of MSDs.

3. Ergonomics Program Development and Services Manager. The contractor shall provide an Ergonomics Program Development and Services Manager who shall provide a written ergonomic program and provide routine development and management services. Tasks performed by the Ergonomics Program Development and Services Manager include:

a. Coordinating with Environment, Health and Safety (EH&S) Chief and Subject Matter Expert (SME) for the development of a written ergonomic program in accordance with the Medical Center Memorandum (MCM) template.

b. Updating the policy as needed or requested by EH&S.

c. Conducting ergonomic evaluations of VASDHS staff.

d. Development of, and performance of, frequent and regular ergonomic training.

e. Providing educational communications to staff through various methods as well as individually with designated staff.

f. Performance of all logistical support of the ergonomic program including scheduling ergonomic evaluations, timely response to questions and inquiries from staff and EH&S personnel, writing and sending comprehensive ergonomic evaluation reports and memos to EH&S Chief for review and then to the necessary / required staff.

g. Follow-up post ergonomic evaluation with staff where appropriate.

h. Tracking of ergonomic equipment needs, ergonomic equipment inventory, and ergonomic assessments, managing, delivering, installing and providing appropriate user training on ergonomic equipment.

i. Providing regular monthly progress reports for the program to EH&S Chief and/or COR

j. Provide equipment procurement recommendations within the scope of Veterans Health Administration (VHA) policy.

k. Provide all purchase documentation to the EH&S COR for purchasing of equipment, oversight of receipt of the purchased equipment, maintenance of the area(s) where ergonomic equipment is stored.

l. Provide input to the COR regarding purchasing ergonomic equipment which will assist the COR in ensuring authorized funds are expended properly by the end of the fiscal year.

m. Attend regular monthly progress meetings as required by EH&S.

n. Perform other ergonomic program-related performance duties as warranted and requested by EH&S Chief and/or COR.

o. Able to obtain a VA email address and gain access to VA systems.

p. Ability to work flexible workhours between M-F during usual business hours with rare occasional work before or after normal business hours to accommodate other shift workers.

q. May also complete the work of an Ergonomic Program Technician and/or Ergonomic Program Administrator as needed.

4. Ergonomic Program Technician: The Contractor shall provide an Ergonomic Program Technician (EPT) who performs installation, distribution, delivery, and maintenance of ergonomic equipment and who manages inventory. Services of the EPT may also conducting initial follow-ups by phone or email with staff under the recognizance of the Ergonomic Program Manager. The EPT may not complete an onsite follow-up and/or re-evaluation of employee’s workstation unless the EPT meets all requirements of the Ergonomist.

a. Completes initial training on how to install VASDHS’s procured sit/stand stations, keyboard trays, monitor arms, and other ergonomic equipment when necessary.

b. Ability to lift and maneuver 40 lbs. of equipment.

c. Ability to work flexible workhours between M-F during usual business hours with rare occasional work before or after normal business hours to accommodate other shift workers.

d. Able to obtain a VA email address and gain access to VA database.

5. Ergonomic Program Administrator: The Contractor shall provide an Ergonomic Program Administrator (EPA) who performs administrative tasks as part of program management. Tasks may include facilitating communication between staff (inquiries, questions, requests), coordinating schedules, and tracking ergonomic evaluations and follow-ups. These tasks can be completed by the Ergonomist or the Ergonomic Program Technician, but hours will be invoiced as EPA.

6. PLACE OF PERFORMANCE: Work is to be performed at VA San Diego Healthcare System (VASDHS), 3350 La Jolla Village Drive, San Diego, CA 92161. The EH&S Office has extra desk space for the contractor to work when onsite preparing documents and coordinating with EH&S personnel on the program. Occasional work may be performed at the following locations and other offices throughout San Diego County.

VASDHS Chula Vista Clinic 353 H Street Chula Vista, CA 91910 VASDHS Escondido Clinic 815 East Pennsylvania Ave.

Escondido, CA 92025

VASDHS Rio Clinic 8989 Rio., Suite 360 San Diego, CA 92108 VASDHS Mission Valley Clinic 8810 Rio Drive San Diego, CA 92108

VASDHS Oceanside Clinic 1300 Rancho del Oro Drive Oceanside, CA 92056 VASDHS Sorrento Valley Clinic 10455 Sorrento Valley Road San Diego, CA 92131

VASDHS ASPIRE

2121 San Diego Ave.

San Diego, CA 92110 VASDHS Health Care for Homeless Veterans (Counseling Center) 7410 Mission Valley Road San Diego, CA 92108

VASDHS Compensation & Pension 3110 Camino Del Rio South San Diego, CA 92108 VASDHS Human Resources – Shoreham 5120 Shoreham Pl., Suite 100 San Diego, CA 92121

VASDHS FRMS – Sorrento Mesa Finance Building 9605 Scranton Road., Suite 650 San Diego, CA 92121 VASDHS Kearny Mesa Clinic 8875 Aero Drive San Diego, CA 92130

7. SPECIFIC TASKS: The Contractor shall complete the following specific tasks.

a. Development of a written Ergonomics Program. Contractor shall develop a written Ergonomics Program utilizing best practices and within the scope of the existing SOP in place at VASDHS. This task shall be completed within the first two months of the contract. The format will be that of the VASDHS MCM template and content will include information as provided by the EH&S staff and within proper best management practices for implementing a written ergonomics program for the organization.

b. Communication to Staff for Ergonomic Requests, Inquiries, and Scheduling. Contractor shall complete the following tasks:

1. On a weekly average, there are approximately eight (8) ergonomic inquiries.

2. On a weekly average, there are approximately five (5) ergonomic evaluations performed.

3. The contractor will be the first line of communication to all VASDHS staff and must follow internal EH&S process utilizing the communication templates for the Ergonomics Program.

4. Communicate with staff in a clear, concise, professional, and timely manner. A response to any inquiry shall not be later than 24 hours after receipt to make first contact with the customer.

5. Develop a post-evaluation “customer satisfaction” survey for feedback from surveyed employees and for use in initiating improvements to the program. Include the customer satisfaction survey in email communication along with the formal ergonomic evaluation report. The survey will be sent back to SDCVAMCSafetyReport@va.gov and reviewed with the contractor after receipt during the monthly progress reports.

6. Provide education and resources via email for initial consultation when staff are requesting ergonomic evaluations.

7. If, after initial consultation, the employee needs additional support, send ergonomic evaluation request form and discomfort survey to employees. The forms are sent to those who are reasonably needing an evaluation based on information collected from the inquiry and/or after reaching out to the staffer via telephone or email to learn more about the inquiry.

8. Review employees’ submittal of ergonomic evaluation request form and discomfort survey. Determine if the staff’s inquiry is related to a pre-existing medical condition that is not related to the workstation and provide appropriate information on reasonable accommodation POC and process where appropriate.

9. Document this information in the record when the condition does not seem to be work related or related to the workstation and ergonomic risk factors.

10. Follow EH&S process for communication requirements when medical condition is work related or non-work related. This information will be provided to the incumbent contractor(s) once contract begins.

11. Schedule ergonomic evaluations with staff within designated time frame (see instructions below).

c. Ergonomic Evaluations. Contractor shall perform evaluation services as follows:

After reviewing the discomfort survey and initial forms, where appropriate, schedule an ergonomic evaluation within two days after receiving the documentation (Ergonomic Evaluation form and Discomfort Survey) from staff. The ergonomic evaluation must be completed within one week of the scheduling date. The ergonomic evaluation must include:

1. A discussion with employee about their discomfort survey information.

2. Training of postural and body mechanics, recommended exercises, and how-to set-up workstation properly.

3. Correction of each risk factor through adjustments of the employee’s workstation and modifications of environmental factors.

4. Training on how to function in an ergonomic neutral position.

5. Training on the use of any ergonomic furniture or equipment installed or provided where needed.

6. Utilize current resources at the workstation to improve the workstation setup and ergonomic risk factors for the individual as much as practicable and reasonable.

7. Distribute specific ergonomic furnishings and equipment only when needed and recommended.

8. Only equipment available on the inventory can be recommended for use. Anything outside of the inventory list, but that is reasonably needed, must first receive approval from EH&S for recommendation and purchasing.

9. If additional equipment is necessary to be included in the inventory, the contractor will recommend particular equipment during the monthly meetings with the EH&S Chief and/or COR, and receive approval to move forward on the procurement of said equipment.

d. Follow-up to Ergonomic Evaluations. Contractor shall perform follow-up evaluation services as follows:

Conduct a follow-up communication between 2-4 weeks following the initial ergonomic evaluation to determine if recommendations are being implemented and working reasonably well, or if further adjustments or interventions are needed. The initial follow-up communication may be completed via email, phone call, or in person as indicated.

a. If an in-person follow-up is needed (as determined by contractor and/or EH&S), schedule a date/time for follow-up within one week of the determination.

b. Create an addendum to the ergonomic evaluation report with details of the follow-up summary to provide details of the intervention and additional information necessary to explain what was done and how well it was working to assist the employee at their workstation.

c. The addendum shall be sent with the full original report to Chief EH&S and/or COR for review and approval within 3 busines days after completing the follow-up assessment.

d. Should any changes or edits be requested by Chief EH&S and/or COR, those changes will be made within 3 business days prior to returning to EH&S for final review.

8. Reports: The Contractor is responsible for the following reports.

a. Provide a thorough written ergonomic evaluation report and cover memo to EH&S for review and signature within 3 business days of the completed ergonomic evaluation unless otherwise instructed. The report must contain the following information:

b. Overview of employee’s responsibilities to include job title, job tasks, tour of duty, and times associated with the tasks.

c. Detailed discussion of the discomfort survey information and responses provided from the worker.

d. Detailed description (photos helpful) of current workstation set-up and specific ergonomic risk factors identified while the worker is working. Before/after photos may be helpful to include in the report to illustrate the changes but are not required.

e. Explanation of the risk factors mitigated and any modifications or adjustments to the workstation or the worker’s positioning that was recommended or made.

f. Detailed summary of training materials and exercises provided.

g. Detailed summary of ergonomic equipment recommended and explanation and reasoning for the recommendation.

h. If a checklist is utilized to complete the ergonomic evaluation, include it as part of the report package.

i. The ergonomic evaluation report package will include a cover memo on VA letterhead. Once the report package has been reviewed and a signature obtained by Chief EH&S, the contractor shall send the report to both the employee and supervisor within one (1) business day of signed report.

j. A copy of the full report and email sent must be saved on the EH&S Shared Drive Ergonomics Folder for recordkeeping.

k. Any follow-ups that require re-evaluation, different/modified adjustments or different/additional ergonomic equipment must be documented on the original report as an addendum titled, “Ergonomic Evaluation Addendum”.

l. The entire report and addendum must be re-sent to EH&S for approval to send out (original signature will still be on the cover page) and then sent to both the employee and supervisor with an email titled, “Ergonomic Evaluation Report with Addendum” or as otherwise instructed. This shall be sent to the employee and supervisor within one (1) day upon EH&S approval the addendum is accepted as a final product.

9. Training: The Contractor shall perform ergonomic training services as follows.

a. Training materials and references provided by the contractor may be used in lieu of VASDHS materials if approval and authorization is granted by Chief EH&S.

b. Contractor may prepare and present these materials first to the COR or Chief of EH&S for review and approval before sharing with staff.

c. Provide frequent and regular training as part of the ergonomic evaluation as listed in section 7.c. Ergonomic Evaluations.

d. Provide regular ergonomic communications for staff and supervisors using methods to include email, E-News, E-Board, New Employee Orientation, brochures, handouts, in-person training, virtual training, and other training as requested.

10. Distribution of Ergonomic Equipment and Inventory Management: The Contractor shall perform inventory management services as follows.

a. Only equipment listed on the inventory can be recommended and distributed. Anything outside of the inventory list must receive approval from EH&S.

b. Contractor must be able to distribute ergonomic equipment at any locations listed in Section 4 - Place of Performance.

c. Deliveries are made by the contractor in their own contractor-owned vehicle. (example of delivery: Pick up equipment inventory at VASDMC, drive (if necessary) to one of the locations listed, drop off or install ergonomic equipment.

d. Provide monthly status of inventory to EH&S in a report format. EH&S will provide the existing inventory spreadsheet for reference.

e. Provide suggestions to update or procure new ergonomic equipment and re-stock existing ergonomic equipment.

f. Notify EH&S at least one (1) month in advance prior to depleting items.

g. Prepare and provide all appropriate research, estimates, completed procurement documents and any other necessary documentation to EH&S as a proposed request for needed equipment along with a justification and/or rationale for the equipment.

11. Invoices: The contractor shall invoice monthly for the number of hours of ergonomic support provided for each line item in the schedule of services and price to the nearest .25 hours.

12. Personal Protective Equipment (PPE). The Contractor shall provide employees all PPE required to perform services under this contract. PPE required in each work area shall be communicated to the contractor in advance through conversation with the individual who will have the evaluation and/or EH&S, as appropriate.

13. Sars-Cov-2 Vaccination: Per VHA policy, all contractor(s) shall be fully vaccinated and provide attestation of vaccination upon award of this contract.

14. Parking Policy: There is no parking on VASDHS grounds. Contractor staff shall park in designated off-site parking facilities and may take the government provided shuttle to and from VASDHC. Parking information is available from the VA Police.

15. Smoking Policy: Smoking is strictly prohibited on the grounds of any VHA facility. Per VHA Directive 1085 dated March 5, 2019, it is VHA policy that all VHA health care facilities, including hospitals, community clinics, administrative offices and Vet Centers, will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019. There will no longer be designated smoking areas.

16. Background Screening: In accordance with VHA Directive 0710 all Contractor personnel providing services under this contract shall be the subject to a background screening and shall receive favorable adjudication from the VA prior to performance. The level of screening for this contract is: Special Agency Check (SAC) only unless a National Agency Check is determined to be required by the VA ISO and/or Privacy Officer for personnel assigned to a low risk/non-sensitive position is expected to work more than 180 days. Any employee whose background investigation yields unfavorable results shall be removed immediately from performance under this contract. In the event the screening is not completed prior to performance; the Contractor shall be responsible for the actions of those individuals performing under the contract.

36C26222R0007

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SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 52.217-8 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 7 days.

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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.4 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

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

(1) The fifty States;

(2) The District of Columbia;

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

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

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

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

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

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

(End of clause) C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[X] 852.228–71, Indemnification and Insurance.

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

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN…