36C26321Q0564.docx

36C26321Q0564

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.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTA

CHED

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. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

618-21-3-6133-0293 36C26321Q0564 05-19-2021 Cameron Rick 651-293-3036 05-28-2021 23:59

CDT

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101 Cameron Rick 651-293-3036 X X Y 561720 $19.5 Million N/A X Department of Veterans Affairs Twin Ports Outpatient Clinic 3520 Tower Avenue Superior WI 54880 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101

Y Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page This solicitation is to provide service to the Twin Ports Outpatient Clinic.

See attached SOW for CBOC Cleaning services necessary to the clinic.

Note block 30 - This document must be signed and returned in order to be considered. Email all required and completed documents to: cameron.rick@ va.gov.

Submit any written questions via email by May 26, 2021.

**No telephonic questions will be accepted.* Responses to questions will be posted as an amendment to the solicitation.

Solicitation will close at 11:59 PM CST on May 28, 2021.

This solicitation is a total SDVOSB set-aside.

See CONTINUATION Page 618-3610162-6133-856100 Environmental Managemen 2580 Non-Medical Contract and-010056100 618-21-3-6133-0293 X X Pamela Phillips 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 36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs Financial Services Center PO Box 149971

Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

STATEMENT OF WORK

REQUIREMENTS:

The Minneapolis VA Healthcare System has a need of clinical sanitation services at its Twin Ports Outpatient Clinic (TPOC), located at 3520 Tower Avenue, Superior, WI 54880. Requirement is for one Base Year with two yearly Option renewals. The clinic is approximately 16,470 square feet and has a mix of clinical and administrative settings.

DEFINITIONS

E. Contracting Officer Representative (COR): The Contracting Officer reserves the right to designate a representative to act for him/her in furnishing technical guidance and advice or generally supervise the work to be performed under this contract. Such designation will be in writing and will define the scope and limitations of the designee’s authority. A copy of the designation shall be furnished to the Contractor

SPECIFICATIONS

Contractor’s personnel will be scheduled to work during the periods of need for sanitation services. During these periods of coverage, the vendor is expected to perform all daily duties as outlined in the SOW and daily area routine assignment. Vendor will also be responsible for the periodic tasks as assigned. i.e weekly dusting, clean windows as needed. All cleaning rags, mop heads and dusting materials must be clean and laundered before and after use. No soiled rags or mop heads can be reused from day to day.

MATERIALS PROVIDED BY VA

Contractor will have access to building’s utilities such as water, designated closets and electric.

VA will supply the following materials:

· Roll Towel

· Toilet Paper

· Kleenex

· Feminine Hygiene Products

· Purell hand sanitizer

· Provon soap

· Lotion

· Sharps containers

· Hazardous waste containers

· Trash can liners

SCHEDULE OF SERVICES

In the Base Year, TPOC requires cleaning and sanitation Monday – Friday from 4:30 pm – 8:30 pm, on-call coverage for scheduled vacations and unscheduled sick leave from 4:30pm – 1:00 am, and periodic tasks to be completed in addition to the daily cleaning services. For Option Years one and two in addition to the base year requirements the TPOC requires cleaning and sanitation Monday – Friday from 4:30 pm – 1:00 am (subject to change based on existing TPOC cleaning personnel).

Base Year

· Daily cleaning services

· 20 hours per week for 52 weeks

· Monday – Friday: 4:30 pm – 8:30 pm

· On-call coverage for vacations and sick leave when scheduled by COR

· Approximately 40 hours per week for four weeks

· Monday – Friday: 4:30 pm – 1:00 am

· Periodic Tasks as needed to be scheduled by COR and contractor.

Option Year One & Two

· Daily cleaning services

· 20 hours per week for 52 weeks

· Monday – Friday: 4:30 pm – 8:30 pm

· 40 hours per week for 52 weeks

· Monday – Friday: 4:30 pm – 1:00 am

· Subject to change based on TPOC personnel availability

· On-call coverage for vacations and sick leave when scheduled by COR

· Approximately 40 hours per week for four weeks

· Monday – Friday: 4:30 pm – 1:00 am

· Periodic Tasks as needed to be scheduled by COR and contractor.

HOURS OF OPERATION

All work shall be performed after normal clinic business hours, and before the next day of clinic operations.

CONTRACTOR RESPONSIBILITIES

DAILY CLEANING SERVICES

· Exam Room: Approximately 22 exam rooms totaling 3,641 sq ft.

· High Dusting of all vents, Sprinkler Heads and horizontal surfaces

· Emptying of trash and relining cans

· Emptying of Regulated medical waste and relining

· Sink cleaning/disinfecting

· Mirror Cleaning

· Overhead light dusting/cleaning

· Soap, Lotion and towel dispensing cleaning/refill

· Wall washing when needed

· Sharps container replacement when needed

· Furniture cleaning/disinfection

· Floor dry and wet mop with neutral cleaner

· Check and swap out expired alcohol sanitizer

· Laboratory: Approximately three labs totaling 1,213 sq ft.

· High Dusting of all vents, Sprinkler Heads and horizontal surfaces

· Cleaning/disinfecting of sinks

· Emptying of trash and relining cans

· Emptying of Regulated Medical Waste and reline cans

· Wet and Dry mop all flooring w/neutral cleaner

· Check and swap out expired alcohol sanitizer

· Pharmacy: Approximately 100 sq ft

· High Dusting of all vents, Sprinkler Heads and horizontal surfaces

· Cleaning/disinfecting of sinks

· Emptying of trash and relining cans

· Emptying of Regulated Medical Waste and reline cans

· Wet and Dry mop all flooring w/neutral cleaner

· Check and swap out expired alcohol sanitizer

· Locker Rooms: Approximately two rooms totaling 312 sq ft.

· High Dusting of all vents, Sprinkler Heads and horizontal surfaces

· Cleaning/disinfecting of sinks

· Emptying of trash and relining cans

· Cleaning/disinfecting toilets

· Replace paper products, towels and toilet paper.

· Replace any full sharps containers

· Wet and Dry mop all flooring w/neutral cleaner

· Check and swap out expired alcohol sanitizer

· Medication/Nourishment/Nurse Station: Approximately four areas totaling 1,404 sq ft

· High Dusting of all vents, Sprinkler Heads and horizontal surfaces

· Cleaning/disinfecting of sinks

· Emptying of trash and relining cans

· Emptying of Regulated Medical Waste and reline cans

· Wet and Dry mop all flooring w/neutral cleaner

· Check and swap out expired alcohol sanitizer

· Corridor Interior: Approximately 1,508 sq ft.

· Vacuum of Carpeting

· Wet/dry mop if necessary

· Trash and reline cans

· High Dusting of all vents, Sprinkler Heads and horizontal surfaces

· Check and swap out expired alcohol sanitizer

· Office: Approximately 39 offices totaling 4,742 sq ft

· Vacuum of Carpeting

· Wet/dry mop if necessary

· Trash and reline cans

· High Dusting of all vents, Sprinkler Heads and horizontal surfaces

· Check and swap out expired alcohol sanitizer

· Waiting Room/Reception: Approximately 1,257 sq ft

· Vacuum of Carpeting

· Wet/dry mop if necessary

· Trash and reline cans

· High Dusting of all vents, Sprinkler Heads and horizontal surfaces

· Check and swap out expired alcohol sanitizer

· Utility Room: Approximately two rooms totaling 180 sq ft

· High Dusting of all vents, Sprinkler Heads and horizontal surfaces

· Emptying of trash and relining cans

· Emptying of Regulated medical waste and relining

· Sink cleaning/disinfecting

· Overhead light dusting/cleaning

· Soap, Lotion and towel dispensing cleaning/refill

· Wall washing when needed

· Sharps container replacement when needed

· Floor dry and wet mop with neutral cleaner

· Check and swap out expired alcohol sanitizer

· Storage Rooms: Approximately ten rooms totaling 729 sq ft

· Vacuum of Carpeting

· Wet/dry mop if necessary

· Trash and reline cans

· High Dusting of all vents, Sprinkler Heads and horizontal surfaces

· Check and swap out expired alcohol sanitizer

PERIODIC TASKS

These tasks are performed at the direction of COR as needed, at least once per contract year.

· Floor strip/scrub and recoat as flooring wears at the direction of COR.

· Kyvac bathroom tiles / deep scrubbing of bathroom tiles

· Shampooing and extracting carpets throughout the clinic

· Window Washing inside

· Wall Washing

· Cleaning of bugs out of light fixtures

· High dusting and floor boards

CLEANLINESS STANDARDS

SUPERVISION

The Contractor will designate a “contact person” within his/her organization to correspond with the COR and, when applicable, the Contracting Officer. The Contractor will have adequate supervision on-site during the scheduled hours of contract performance to ensure that all cleaning functions are performed as scheduled by the Contractor. The term "on-site supervisor" and "alternate on-site supervisor" means a person designated in writing by the Contractor who has the authority to act for the Contractor on a day-to-day basis at the work-site.

The supervisor and/or alternate shall be available during all times that the work is in progress. The Contractor shall provide the names, telephone numbers, email addresses and pager numbers to the COR for use in contacting the supervisor should the need occur when the supervisor is not on the work site. This contact information shall be provided by the winning vendor to the COR after contract award.

QUALITY ASSURANCE SURVEILLANCE PLAN

The COR will conduct a monthly QA Validation Review for compliance with the terms of the contract. Contractor must achieve an accuracy rate of 95% or higher for Quality of Contractual Documentation. Contractor must achieve a productivity rate of 95% or higher for Timeliness. The Government has the right to change or modify inspection methods at its discretion.

SECURITY ISSUES AND ACCESS

General: Department of Veterans Affairs Medical Center is a Federal Government Installation. A personnel background check may need to be processed, sent to the Contracting Officer, prior to the Contractor reporting for work. An identification card (Personal Identification Verification) and vehicle registration will not be issued until the background checks are completed and approved by the Security Investigation Center (SIC). Upon security clearance contractor employees will be issued necessary access badges and or key.

Security Identification Badges. Contract employee shall comply with the local NCO identification and access requirements. The Contractor is responsible for absences of contract employees due to expired or lost identification and access documents. Each contract employee shall wear and display assigned Security Badge ID, provided by the Human Resources Security Office (HRSO) so that it is visible at all times, and in accordance with their guidance. The badge must display the full name, title and if required by the (HRSO) the words “Contractor” in front. Contractor/Contract employees shall turn in all identification badges to the Contracting Officer, or designated representative upon termination of their services under the contract. The Contractor shall be responsible for the replacement cost of lost or non-returned Identification cards.

Vehicles: All contract employees must register their vehicles with the Police Office to gain access onto the VA Campus. A valid driver’s license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the Police Office, at which time a VA decal will be issued. The decal shall be placed on the vehicle’s front windshield in accordance with instructions. Contract employees shall follow installation procedures for removal and turn-in of the vehicle decal upon termination of services under this contract. Vehicles, with or without a VA decal, are subject to search.

Security: All contractors and contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards and VA policies, including the Privacy Act, 5 U.S.C. 552a, and VA personnel, regarding information and information system security. Contractors shall follow policies and procedures outlined in VA Directive 6500, Information Security Program which is available at: http://www1.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place.

Confidentiality: Contractor personnel who obtain access to hardware, software or media, which may manipulate or store any sensitive information, that is protected under 38 USC 4132 or 3305, as defined by the Department of Veterans Affairs, must not access information unless absolutely necessary to perform their contractual duties. Disclosure of any sensitive data obtained during performance of assigned duties under this contract is prohibited. Violation of these statutory provisions may involve imposition of criminal penalties. Contractor is considered to be a VA contractor for purposes of Privacy Act, Title 5 U.S.C. 552a.

HIPAA: The Contractor shall abide by the Standards for Privacy of Individually Identifiable Health Information of the Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-01. The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the contract or as required by Law. The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information. The Contractor shall mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this contract. The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract. The Contractor shall document, in a time and manner designated by the Government, any disclosure of Protected Health Information as would be required for the Government to respond to a request by an individual for an accounting of disclosure of Protected Health Information.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

TWIN PORTS CBOC CLEANING SERVICES

20 HOURS PER WEEK FOR 52 WEEKS

Contract Period: Base POP Begin: 07-01-2021 POP End: 06-30-2022

TWIN PORTS CBOC CLEANING SERVICES

ON CALL COVERAGE - 40 HOURS PER WEEK FOR FOUR WEEKS

Contract Period: Base

TWIN PORTS CBOC CLEANING SERVICES

PERIODIC TASKS

Contract Period: Base

TWIN PORTS CBOC CLEANING SERVICES

Contract Period: Option 1 POP Begin: 07-01-2022 POP End: 06-30-2023

TWIN PORTS CBOC CLEANING SERVICES

40 HOURS PER WEEK

Contract Period: Option 1

TWIN PORTS CBOC CLEANING SERVICES

Contract Period: Option 1

TWIN PORTS CBOC CLEANING SERVICES

Contract Period: Option 1

TWIN PORTS CBOC CLEANING SERVICES

Contract Period: Option 2 POP Begin: 07-01-2023 POP End: 06-30-2024

TWIN PORTS CBOC CLEANING SERVICES

40 HOURS PER WEEK

Contract Period: Option 2

TWIN PORTS CBOC CLEANING SERVICES

Contract Period: Option 2

TWIN PORTS CBOC CLEANING SERVICES

Contract Period: Option 2

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

52.217-8 ADDENDUM:

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services, provided under FAR 52.217-8, as follows: The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

(End of Clause) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[X] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.6 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)

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

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

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203–6,…