36C26223Q1681 0001_1.docx

36C26223Q1681

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

POINT OF CONTACT*

CONTRACT SPECIALIST

ISRAEL GARCIA

ISRAEL.GARCIA2@VA.GOV

562-826-8000

PLACE OF PERFORMANCE

VA Long Beach Healthcare System

5901 East 7th Street

Long Beach CA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

1. This is a combined synopsis/solicitation for commercial services/items prepared in accordance with the format in FAR Subpart 12.6 in conjunction with FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

1.a. Project Title: Shipping Containers 1.b. Description: The VA Long Beach Healthcare System is seeking a contractor to provide a Shipping Containers.

1.c. Project Location: VA Long Beach Healthcare System, Long Beach, CA.

1.d. Solicitation Number: Request for Quotes (RFQ) - 36C26223Q1681 1.e. Set Aside: NA. This solicitation is issued as NO set aside. Full and Open Competition.

1.f. Applicable NAICS code: 332439 Other Metal Container Manufacturing.

1.g. Small Business Size Standard: 600 employees 1.h. Type of Contract: Firm Fixed Price

2. Scope. The Veteran’s Integrated Service Network 22 is seeking a contractor to provide Shipping Containers. The requirement is for Conex Depot; 40FT standard Single Door one, 40-STD-NEW or equivalent having the following salient characteristics, Statement of Work (SOW) and Container Drawings attachments.

Brand name Information:

Manufacturer: Conex Depot Part Number: 40-STD-NEW Nomenclature: Conex 40FT standard Single Door one, 40-STD-NEW Model Number: 40-STD-NEW

Equal to product Information:

Salient Characteristics:

Salient Characteristics:

Conex 40FT standard Single Door one, 40-STD-NEW

· Must have a single door.

· Must be received in a condition of no tears, marks, or damage.

· Must be 40’ long by 8’ wide by 8’-6” high (exterior)

· Must have a minimum interior dimension of 39’-3” long by 7’-8” wide by 7’-9” heigh.

· Must include forklift pockets for movement by 25,000-pound (25K) forklift.

· Must have post, cross members, and exterior panels constructed of corrosion resistant steel.

· Must have doors that are double leaf, each capable of opening 270 degrees from closed position.

· Must include hardware necessary for to secure container doors using MasterLock No. 5 or equal, e.g. hinge pins, lock rods, locking cams and keepers, door brackets and lockboxes, including container safety convention (CSC) plate

· Flooring must be non-slip rubber coin flooring over ¾” thick marine grade plywood

· Must have an aluminum construction ramp.

· Ramp must be non-slip surface with guard rails/ kick plates each edge of ramp to keep wheeled equipment on ramp during use.

· Ramp must have vertical deployment with hinge/mount from bottom of door opening.

· Ramp must be unpowered articulation, provide gas shock assisted lifting/lowering or similar, 15-pound (Max) force required to deploy.

· Ramp must have an extension of 5 feet, 1V (max): 10H slope

· Must have a site connection: Panel 208/120V, 3PH-4W; Breaker 20A/1P

· Must provide one duplex receptacle, interior wall mounted 18 inches above finished floor at site electrical connection.

· Must have led tube lighting, electrical connection as required.

· Must have an exhaust fan centered on roof, weather protected; electrical connection as required.

· Must be able to provide an exterior vinyl wrap (3M 1080, or equal)

· Must have the base paint VA blue (C:100, M:60, Y:0, K:40)

· Must have graphic design per the requirement of the SOW.

· Must have internal storage for equipment per requirements of the statement of work.

· Must provide weld attachment plate 16-gauge steel minimum, 6 each per the requirements of the statement of work.

· Must provide shelving per SOW and Container Drawings.

· Must provide product drawings for review and approval.

· Must have 1-year warranty.

3. Submit written offers in accordance with the following instructions, as well as Addendum to FAR 52.212-1, Instruction to Offerors. Oral offers will not be accepted. Complete and submit enclosure 1 via email no later than 04:00PM PDT Thursday SEPTEMBER 7, 2023, to israel.garcia2@va.gov. Ensure the following are completed and/or included in the quote packet:

3.a. Vendor Information with SAM UEI.

3.b. Concurrence/non-concurrence with solicitation terms, conditions, and provisions 3.c. Schedule of services. Items shall be FOB destination. Please specify offered item manufacturer and part number.

3.d. Provide an Authorized Distributor Letter/Memo from manufacturer if applicable.

3.e. Assure product complies with the Buy American Act and Trade Agreement Act.

Amendment to a Previous Combined Solicitation

Amendment to a Previous Combined Solicitation

Page 1 of

Amendment to a Previous Combined Solicitation

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26223Q1681 08-18-2023

ISRAEL GARCIA

562-766-2260 09-07-2023

04:00PM

PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X 332439 600 Employees N/A X 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 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 Submit invoices electronically through https://portal.tungsten-network.com

See CONTINUATION Page This Solicitation amendment is to include appropriate Contract Clauses and Provisions. Please assure your company complies with all applicable regulations.

Requirement is for 2 custom 40ft containers following the Statement of Work (SOW and Drawing attachments.

Offers due no later than 4:00PM PT Thursday 09/07/2023 Please provide offered item manufacturer and part number.

Please confirm ability to meet required provisions and clauses including the Buy In America Act.

See CONTINUATION Page X Page 1 of Page 1 of

Combined Synopsis/Solicitation Notice

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 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.

Submit invoices electronically through https://portal.tungsten-network.com

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

Page 1 of Page 1 of Page 1 of

VA Long Beach Healthcare System 5901 E. 7th Street Long Beach, CA 90822

(562) 826-8000

STATEMENT OF WORK

1.0 GENERAL SCOPE

The Veterans Health Administration (VHA) has a requirement for on-site storage of equipment required in support of therapeutic treatment and rehabilitation services for VA Long Beach Healthcare System - 600-22-106 Athletic Field and Parking Lot G.

The requirement described by this statement of work (SOW) includes design, project management, professional installation, and maintenance/warranty services.

The contractor shall provide all labor, materials, equipment, transportation, and supervision necessary to satisfy the needs of each ordering activity identified in Table 1, below.

Table 1 – Package Item Summary

2.0 PERFORMANCE REQUIREMENTS

The contractor shall provide and be responsible for the technical assistance, development, and generation of final specifications.

Product delivery and installation will be required in September 2023, direct to the project site at 5901 E. 7th Street, Athletic Field, Long Beach, CA 90822.

Duty hours will be 6:00 am - 4:30 pm Pacific Standard Time, Monday through Thursday (Friday is a non-working day). The Government recognized US holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. If the holiday falls on Saturday, it is observed on Friday, if the holiday falls on Sunday, it is observed on Monday.

The contractor shall:

1. Coordinate and provide project management of all products and services to manage, design, order, ship, deliver, and install the product from the manufacturer until final acceptance by VA COR.

1. Contractor is required to have on site staff supervisor with OSHA 10 certification.

1. Drawings, PDF and AutoCAD:

3. Plans, interior elevations, exterior elevations including vinyl wrap graphics, typical details, three-dimensional (3D)/isometric views if needed.

3. Prior to shipment, prepare and provide product drawings for review and approval.

2. Initial submission due to VA COR within ten (10) business days of task order issuance.

2. Final resubmission due to VA COR within five (5) business days of return of VA COR’s review comments.

3. Following installation, prepare and provide as-built product drawings for record.

1. Provide exterior wrap of container where specified, to include coordination and design period with VA Major Projects team. VA exterior graphic concepts for design inspiration will be provided to the contractor upon award.

1. Provide shelving, racks, cabinets, and work surfaces based on VA provided concept drawings. Validate adequate storage is provided to meet Interior Storage Requirements (equipment list).

1. Provide documentation of products, finishes, maintenance manuals, and warranty documents for all items specified.

1. Provide physical samples for approval:

7. Vinyl wrap graphics, adhered to steel plate exterior

7. Interior storage, horizontal and vertical shelving

7. Interior storage, vertical pegboard

7. Interior storage, vertical cabinets doors, horizontal surfaces, and hardware

1. Perform site inspection to make sure grounds are level, firm, minimal tree roots, free of pooling water, and clear of debris prior to product placement.

1. Product should be primed, painted, and wrapped prior to delivery.

1. Contractor to ensure anchorage locations for container are acceptable. The VA COR will provide site construction reference drawings to the contractor.

1. Installation includes container placement oversight, testing, and inspection of installed unit. The VHA will hire a separate contractor to move containers from the delivery location to structural foundations, and to weld containers to their anchor points.

3.0 KICKOFF MEETING

The contractor shall participate in a virtual kickoff meeting within five (5) business days of task order issuance. Time and date will be determined by VA COR. The contractor shall field verify all measurements and existing conditions. The contractor shall revise the drawings and quotes to reflect changes due to unforeseen construction conditions, etc.

4.0 SUBMISSION OF QUESTIONS

Questions: All questions submitted for this solicitation must be electronically sent to the Contracting Officer (CO). Questions received after the stated date and time, as determined by the CO, may be addressed at the discretion of the CO.

Note: minimum technical requirement datasheet(s) have been attached to this SOW for the specified product(s). If there is a conflict between the information provided by this SOW and the attached datasheet(s), the specific product datasheet shall be referenced as the complete/accurate requirement.

5.0 SUBMISSION OF QUOTATION

Quote Submission: The contractor shall submit complete emailed electronic copy portable document format (PDF) or Microsoft Excel (XLSX) format for the following, unless noted otherwise:

Volume 1: Technical

A. Drawings, conceptual (PDF): to identify all features of work and include plans, interior elevations, exterior elevations, typical details, three-dimensional (3D)/isometric views if needed B. Complete manufacturer’s product specifications C. Bill of Materials itemized by Contract Line Item Number (CLIN) D. Quantity of work hours for labor/installation E. Project management plan F. Project staffing plan G. Sustainability certification documents H. Mock-up samples, vinyl wrap graphic over steel plate; physical submission required I. Warranty information J. Self-certifying statement confirming ability to meet project deadlines Volume 2: Pricing

A. Price quote with separate lines for materials and labor/installation B. Bill of Materials with subtotals and itemized by CLIN Submissions can be sent in multiple emails to avoid computer system email size limitation, to the Contracting Officer (CO). Quotes submitted by any other method will not be considered. All proprietary information shall be clearly marked. The use of hyperlinks in quotes is prohibited. The contractor is responsible for confirming the Government’s receipt of the contractor’s quote. Late quotes will not be accepted for evaluation.

6.0 EVALUATION CRITERIA

Task order will be evaluated on:

A. Bill of Materials with subtotals and itemized by CLIN.

B. Concept Drawings appropriate to the scope of work.

C. Cut sheets with product detail for each line item.

D. Labor/services appropriate to the scope of work (pricing is not part of the evaluation).

E. Project staffing plan appropriate to scope of work.

F. Project management plan appropriate to scope of work.

7.0 PRODUCT

General

All finished surfaces shall be free of scratches, marks, dents, or blemishes. Finishes shall withstand staining, flaking, cracking, or loss of adhesion.

Furnishings shall have smooth finishes with no hazardous projections, sharp corners, or other feature that can be hazardous and cause personal injury or damage to clothing.

See attachments for reference drawings and specifications with technical requirement of products.

8.0 SERVICES

Design Contract Tasks/Requirements A. The contractor shall attend a minimum of three (3) in-person meetings at the VA Long Beach Healthcare System to review final award with VA COR and End Users and to make necessary revisions.

B. The contractor shall provide 1/2” = 1’-0” scale drawings showing layouts of awarded product for VA COR review and approval.

C. The contractor shall allow for three (3) revisions per CLIN included in design services including updating AutoCAD and PDF drawings as request by the VA COR.

D. The contractor is responsible for taking and applying accurate field measurements to ordered product for verification of correct sizing. VA provided drawings may not be accurate finished dimensions and shall not be used in place of field measurements. The contractor shall be liable for any incorrect field measurements leading to incorrect product order.

E. The contractor shall be responsible for providing all sample materials for awarded product (2-Day Delivery) as requested by the VA COR.

F. The product shall not be placed into production without approval by the VA COR.

G. The contractor shall provide final, 1/2” = 1’-0” scale drawings of product layout and installation instructions for approval prior to scheduling manufacturing.

H. The contractor shall place orders, track manufacturing schedule, and schedule deliveries according to VA project schedule and notify VA COR with updates of estimated completion date by email.

I. The contractor shall attend a post-installation meeting to assess, address, and document any punch-list items and shall submit to the VA COR a remediation plan within five (5) business days.

J. The contractor shall provide 30 days free storage.

The Government maintains the option to modify the normal work week, days and hours, as necessary for the accomplishment of VHA mission.

Page 1 of Page 1 of

Project Name: 600-122-106 Athletic Field and Parking Lot G Project Location: 5901 E. 7th Street, Long Beach CA 90822 Contract / Order: N/A / N/A Submittal: N/A Date Prepared: 06/27/2023

Basis of Design Manufacturer: CONEX

MTR: N/A

Model: 40FT Standard Single Door One Trip Model #: 40-STD-NEW Nomenclature: Container, Storage

· Storage Shipping Container, New (One Trip), Single Door

· Condition: no tears, marks, or damage

· Dimensions

· Exterior: 40’-0” long x 8’-0” wide x 8’-6” high

· Interior (minimum): 39’-3” long x 7’-8” wide x 7’-9” high

· Materials: Posts, cross members and exterior panels must be constructed of corrosion resistant steel

· Must include forklift pockets for movement by 25,000 pound (25K) forklift

· Doors

· Double leaf, each capable of opening 270 degrees from closed position

· Must include hardware necessary for to secure container doors using MasterLock No. 5 or equal, e.g. hinge pins, lock rods, locking cams and keepers, door brackets and lockboxes, including container safety convention (CSC) plate

· Flooring: Non-slip rubber coin flooring over 3/4” thick marine grade plywood

· Ramp, Accessible Entry

· Aluminum construction

· Non-slip surface with guard rails / kick plates each edge of ramp to keep wheeled equipment on ramp during use

· Vertical deployment with hinge/mount from bottom of door opening

· Unpowered articulation: provide gas shock assisted lifting/lowering or similar, 15 pound (MAX) force required to deploy

· 5’-0” extension, 1V (MAX):10H slope, width to match opening

· Electrical

· Site connection: Panel 208/120V, 3PH-4W; Breaker 20A/1P.

· Provide one (1) duplex receptacle, interior wall mounted 18 inches above finished floor at site electrical connection

· Container A: Electrical strip per drawings

· Lighting: LED tube lighting, electrical connection as required

· Ventilation: Exhaust fan centered on roof, weather protected; electrical connection as required

· Exterior Base Paint: VA Blue, CMYK 100 60 0 40.

· Exterior Vinyl Wrap (3M 1080, or equal), to include added sheet metal subsurface:

· Container A: One (1) side x 40’-0” and two (2) sides x 8’-6”

· Container B: Two (2) sides x 8’-6”

· Graphic design per the requirements of the SOW

· Internal storage for equipment per requirements of the statement of work.

· Anchorage: Provide weld attachment plate 16 gauge steel minimum, six (6) each per the requirements of the statement of work

· Must have 1 year warranty

Departments / Areas (qty.): 2

Athletic Field

· Container A (Archery): qty 1

· Container B (Rehabilitation): qty 1

Quantity: 2

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

40ft containers for purchase (one trip - single door) - 40ft long x 8ft wide x 8.5ft tall Double leaf doors w/ 270 degree opening from close. In accordance with SOW and Container Drawings.

600-22-106 Athletic Field and Parking Lot. PKG 103 Shipping containers *Call Prior to Delivery* Location: 5901 E. 7th St, Paring Lot G Long Beach, CA 90822

Funding/Req. Number: 1

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 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within . Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

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

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

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

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

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

(End of Clause)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

(End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved] [] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[X] (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (14) [Reserved] [] (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (18)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (19)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (20) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (22) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (23) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (24) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[X] (27) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (29) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (31)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (32)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (33)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (34) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.