36C26223Q0736_1.docx

SUBJECT*

RFQ | SB Set-Aside | Controlled Substance Destruction

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

POINT OF CONTACT*

PLACE OF PERFORMANCE

ADDRESS

Department of Veterans Affairs

NCO 22 - Network Contracting

3601 S. 6th Avenue

Tucson AZ

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

REQUEST FOR QUOTE #36C26223Q0736: This notice is a Request for Quote (RFQ). The Department of Veterans Affairs, Network Contract Office (NCO) 22 is requesting quotes from contractor to provide Controlled Substances Destruction Services. The required services are to be performed for seven (7) VA Healthcare Systems within Veterans Integrated Services Network (VISN) 22. These sites are located in Arizona, California and New Mexico.

This requirement is a Firm Fixed Price (FFP) contract. The contract period will be for one (1) base year ordering period and four (4) additional annual ordering periods, at the discretion of the Government. Based on the results of market research, an electronic solicitation is now being issued at https://sam.gov.

The VA is soliciting quotes as a Small Business (SB) set-aside.

Responses are due by 1:00 PM, Pacific Standard Time, Thursday, June 8, 2023.

Point of contact for information: Robert Bruce, Contract Specialist, robert.bruce1@va.gov

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

PAGE 1 OF

1. REQ

UISITION 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

36C26223Q0736 05-19-2023 Robert Bruce 520-629-4618 06-08-2023 12:00

PDT

36C262 Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723 X X 562112 $41.5 Million N/A X 36C262 Department of Veterans Affairs Southern Arizona VA Healthcare System 3601 S. 6th Avenue Tucson AZ 85723 36C262 Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

See CONTINUATION Page Controlled substance destruction of expired pharmaceuticals with services for seven (7) VA Station in CA, AZ and NM.

See subsequent pages for details, schedule of services and pricing charts.

See CONTINUATION Page See Continuation Page X Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262

Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

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.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

0.00

Comprehensive controlled substance (pharmaceutical) destruction program for VISN Facilities at VA stations 501, 600, 605, 644, 649, 664, with individual site funding Contract Period: Base POP Begin: 08-01-2023 POP End: 07-31-2024 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: Q517 - Medical - Pharmacology

0001AA

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LBVAMC, Bldg 164, Long Beach, CA

POP Begin: 08-01-2023 POP End: 07-31-2024

0001AB

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SDVAMC, San Diego, CA Contract Period:

POP Begin: 08-01-2023 POP End: 07-31-2024

0001AC

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, NAVAHCS, Prescott, AZ

POP Begin: 08-01-2023 POP End: 07-31-2024

0001AD

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SAVAHCS, Bldg 57, Tucson, AZ

POP Begin: 08-01-2023 POP End: 07-31-2024

0001AE

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SAVAHCS, Bldg 82, Tucson, AZ

POP Begin: 08-01-2023 POP End: 07-31-2024

0001AF

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LLVAMC, Bldg 2, Loma Linda, CA

POP Begin: 08-01-2023 POP End: 07-31-2024

0001AG

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LLVAMC, Bldg 20, Loma Linda, CA

POP Begin: 08-01-2023 POP End: 07-31-2024

0001AH

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, NMVAHCS, Albuquerque, NM

POP Begin: 08-01-2023 POP End: 07-31-2024

0001AJ

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, Bldg 1, Phoenix, AZ

POP Begin: 08-01-2023 POP End: 07-31-2024

0001AK

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, Bldg 8, Phoenix, AZ

POP Begin: 08-01-2023 POP End: 07-31-2024

0001AL

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, 400 N 32nd St. Clinic, Phoenix, AZ

POP Begin: 08-01-2023 POP End: 07-31-2024

0.00

Comprehensive controlled substance (pharmaceutical) destruction program for VISN Facilities at VA stations 501, 600, 605, 644, 649, 664, with individual site funding

POP Begin: 08-01-2023 POP End: 07-31-2025

0002AA

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LBVAMC, Bldg 164, Long Beach, CA

POP Begin: 08-01-2024 POP End: 07-31-2025

0002AB

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SDVAMC, San Diego, CA Contract Period: Option 1 POP Begin: 08-01-2024 POP End: 07-31-2025

0002AC

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, NAVAHCS, Prescott, AZ

POP Begin: 08-01-2024 POP End: 07-31-2025

0002AD

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SAVAHCS, Bldg 57, Tucson, AZ

POP Begin: 08-01-2024 POP End: 07-31-2025

0002AE

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SAVAHCS, Bldg 82, Tucson, AZ

POP Begin: 08-01-2024 POP End: 07-31-2025

0002AF

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LLVAMC, Bldg 2, Loma Linda, CA

POP Begin: 08-01-2024 POP End: 07-31-2025

0002AG

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LLVAMC, Bldg 20, Loma Linda, CA

POP Begin: 08-01-2024 POP End: 07-31-2025

0002AH

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, NMVAHCS, Albuquerque, NM

POP Begin: 08-01-2024 POP End: 07-31-2025

0002AJ

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, Bldg 1, Phoenix, AZ

POP Begin: 08-01-2024 POP End: 07-31-2025

0002AK

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, Bldg 8, Phoenix, AZ

POP Begin: 08-01-2024 POP End: 07-31-2025

0002AL

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, 400 N 32nd St. Clinic, Phoenix, AZ

POP Begin: 08-01-2024 POP End: 07-31-2025

0.00

Comprehensive controlled substance (pharmaceutical) destruction program for VISN Facilities at VA stations 501, 600, 605, 644, 649, 664, with individual site funding Contract Period: Option 2 POP Begin: 08-01-2025 POP End: 07-31-2026

0003AA

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LBVAMC, Bldg 164, Long Beach, CA

POP Begin: 08-01-2025 POP End: 07-31-2026

0003AB

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SDVAMC, San Diego, CA

POP Begin: 08-01-2025 POP End: 07-31-2026

0003AC

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, NAVAHCS, Prescott, AZ

POP Begin: 08-01-2025 POP End: 07-31-2026

0003AD

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SAVAHCS, Bldg 57, Tucson, AZ

POP Begin: 08-01-2025 POP End: 07-31-2026

0003AE

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SAVAHCS, Bldg 82, Tucson, AZ

POP Begin: 08-01-2025 POP End: 07-31-2026

0003AF

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LLVAMC, Bldg 2, Loma Linda, CA

POP Begin: 08-01-2025 POP End: 07-31-2026

0003AG

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LLVAMC, Bldg 20, Loma Linda, CA

POP Begin: 08-01-2025 POP End: 07-31-2026

0003AH

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, NMVAHCS, Albuquerque, NM

POP Begin: 08-01-2025 POP End: 07-31-2026

0003AJ

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, Bldg 1, Phoenix, AZ

POP Begin: 08-01-2025 POP End: 07-31-2026

0003AK

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, Bldg 8, Phoenix, AZ

POP Begin: 08-01-2025 POP End: 07-31-2026

0003AL

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, 400 N 32nd St. Clinic, Phoenix, AZ

POP Begin: 08-01-2025 POP End: 07-31-2026

0.00

Comprehensive controlled substance (pharmaceutical) destruction program for VISN Facilities at VA stations 501, 600, 605, 644, 649, 664, with individual site funding Contract Period: Option 3 POP Begin: 08-31-2026 POP End: 07-31-2027

0004AA

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LBVAMC, Bldg 164, Long Beach, CA

POP Begin: 08-01-2026 POP End: 07-31-2027

0004AB

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SDVAMC, San Diego, CA

POP Begin: 08-01-2026 POP End: 07-31-2027

0004AC

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, NAVAHCS, Prescott, AZ

POP Begin: 08-01-2026 POP End: 07-31-2027

0004AD

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SAVAHCS, Bldg 57, Tucson, AZ

POP Begin: 08-01-2026 POP End: 07-31-2027

0004AE

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SAVAHCS, Bldg 82, Tucson, AZ

POP Begin: 08-01-2026 POP End: 07-31-2027

0004AF

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LLVAMC, Bldg 2, Loma Linda, CA

POP Begin: 08-01-2026 POP End: 07-31-2027

0004AG

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LLVAMC, Bldg 20, Loma Linda, CA

POP Begin: 08-01-2026 POP End: 07-31-2027

0004AH

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, NMVAHCS, Albuquerque, NM

POP Begin: 08-01-2026 POP End: 07-31-2027

0004AJ

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, Bldg 1, Phoenix, AZ

POP Begin: 08-01-2026 POP End: 07-31-2027

0004AK

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, Bldg 8, Phoenix, AZ

POP Begin: 08-01-2026 POP End: 07-31-2027

0004AL

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, 400 N 32nd St. Clinic, Phoenix, AZ

POP Begin: 08-01-2026 POP End: 07-31-2027

0.00

Comprehensive controlled substance (pharmaceutical) destruction program for VISN Facilities at VA stations 501, 600, 605, 644, 649, 664, with individual site funding Contract Period: Option 4 POP Begin: 08-01-2027 POP End: 07-31-2028

0005AA

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LBVAMC, Bldg 164, Long Beach, CA

POP Begin: 08-01-2027 POP End: 07-31-2028

0005AB

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SDVAMC, San Diego, CA

POP Begin: 08-01-2027 POP End: 07-31-2028

0005AC

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, NAVAHCS, Prescott, AZ

POP Begin: 08-01-2027 POP End: 07-31-2028

0005AD

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SAVAHCS, Bldg 57, Tucson, AZ

POP Begin: 08-01-2027 POP End: 07-31-2028

0005AE

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, SAVAHCS, Bldg 82, Tucson, AZ

POP Begin: 08-01-2027 POP End: 07-31-2028

0005AF

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LLVAMC, Bldg 2, Loma Linda, CA

POP Begin: 08-01-2027 POP End: 07-31-2028

0005AG

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, LLVAMC, Bldg 20, Loma Linda, CA

POP Begin: 08-01-2027 POP End: 07-31-2028

0005AH

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, NMVAHCS, Albuquerque, NM

POP Begin: 08-01-2027 POP End: 07-31-2028

0005AJ

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, Bldg 1, Phoenix, AZ

POP Begin: 08-01-2027 POP End: 07-31-2028

0005AK

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, Bldg 8, Phoenix, AZ

POP Begin: 08-01-2027 POP End: 07-31-2028

0005AL

Expired Pharmaceutical Destruction services, including packaging, shipping and DEA 222 documentation, PVAHCS, 400 N 32nd St. Clinic, Phoenix, AZ

POP Begin: 08-01-2027 POP End: 07-31-2028

36C26223Q0736

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 08/01/2023 through 07/31/2028.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $1,000,000.00;

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within 180 days days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 07/31/2028.

(End of Clause)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.8 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.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.10 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.