36C77021Q0206.docx

36C77021Q0206

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 ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

NCO 15 Contracting Ofc - CMOP 762-21-2-038-0290 36C77021Q0206 01-08-2021 Angel Waalkes 913-684-0147 01-15-2021 10:00

CST

36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012 X 562991 $8 Million N/A X Department of Veteran's Affairs Southwest VA CMOP 3675 E Britannia Drive Tucson, AZ 85706

36C770 Department of Veterans Affairs

NCO

15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971 See CONTINUATION Page This is a solicitation to establish an Indefinite Delivery Contract for the Southwest CMOP in Tucson, AZ. The IDIQ will be for a portable latrine and cleaning services.

See attached Statement of Work for additional information.

This requirement is for full and open competition.

Period of Performance: February 1, 2021 - July 31, 2024 Offeror shall comply with U.S. Department of Labor Wage Determination No. 2015-5473, (Pima County), Revision 10 Dated 07/01/2020, htpps://beta.sam.gov/search?index=wd Offeror shall be registered and active at System for Award Management (SAM) at https://www.sam.gov at the time of offer and award to the Government.

POC for this RFQ is Angel Waalkes, angela.waalkes@va.gov See CONTINUATION Page X X Nicole Gregory Contracting Officer 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 36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012

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

FSC

PO Box 149971 Austin TX 78714-8971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK – Tucson CMOP Portable Restroom

1.0 BACKGROUND

The Department of Veterans Affairs (VA) Southwest (Tucson) Consolidated Mail Outpatient Pharmacy (CMOP) processes high volume, direct-to-patient-delivery operations to eligible Veterans throughout the United States using integrated, automated dispensing systems. Southwest CMOP’s mission is to provide high quality, courteous, timely, cost effective and efficient healthcare to our nation’s Veterans through fulfillment of their prescription medications. The Southwest VA CMOP began processing prescription orders for our nation’s Veterans on September 11, 2007. The Southwest CMOP Tucson has a requirement to have outdoor Port-A-John (outdoor restrooms) available for use, at the rear of the facility, for non-staff delivery drivers and other personnel.

The Southwest CMOP requires this service due to COVID-19 precautions and security concerns for personnel that are unable to enter the facility. The resulting contract will be for a firm fixed price, indefinite delivery/indefinite quantity (IDIQ) contract for a duration of six (6) months base plus six (6) option years. Period of performance is estimated to begin on or about February 1, 2021 or upon award.

2.0 OBJECTIVE

The objective of this procurement is to provide outdoor portable toilet facilities/services for workers/visitors who access the Southwest CMOP at 3675 E. Britannia Drive, Tucson, AZ 85706. The primary function of the service is to provide restroom facilities for the commercial delivery drivers who deliver to the facility and, at times, have to wait one to two hours to be unloaded during busy times of the workday.

3.0 STATION INFORMATION

Contracting Officer; Nicole Gregory Nicole.gregory2@va.gov Contract Specialist; Angel Waalkes angela.waalkes@va.gov

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Pursuant to VAAR Provision 852.270-1, Contracting Officer’s Representative (COR), shall be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the Contracting Officer (CO) and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially, with regard to, changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

ONSITE REQUIREMENTS

The Contractor's representative will schedule all work with the COR. The COR will be designated at the time of award. All contract personnel shall present a government picture ID and sign in to receive a Contractor identification badge before any work is performed. After the work is performed, contractor shall return to the same location to sign out and turn-in said badge along with documented service report for the service performed. The badge is to be worn, in a visible location, on the worker, at all times while on the premises of the Southwest CMOP property.

INTERFERENCE WITH BUSINESS

The services under this contract shall be performed in such a way that there will be no interruption to or interference with the normal operation of Government business on the premises. Persons employed by the contractor shall, while on the premises, comply with all applicable regulations.

The Contractor may be required to interrupt its work at any time so as not to interfere with the normal functioning of the facilities, fire protection systems, facility patients’ personnel and equipment.

The Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other contractors and Government employees and carefully schedule its own work to such additional work as may be directed by the COR. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

HOURS OF OPERATION

Core Work Hours: Routine preventative maintenance will be done during normal business hours (7:00 am through 4:30 pm, Monday through Friday). Services shall be performed according to specifications of Government point of contact and Contracting Officer’s Representative (COR). Routine servicing of the portable toilets will be conducted during normal working hours M-F only.

Weather Delays: In the event climate or weather conditions become unsuitable for work or may induce an environmental hazard, then work may be rescheduled to a date and time satisfactory to the COR. Climate or weather postponement will not cause any penalties to be assessed to the Contractor, nor shall there be any additional cost to the Government.

Holidays: The following federal holidays are observed; however, circumstances may warrant approval for work on those days upon authorization. Additionally, any other day designated by Federal law, Executive Order, or presidential proclamation.

New Year's Day Martin Luther King Jr.'s Birthday Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Day Christmas Day

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government agencies. Specific holiday dates for a given year are available on the OPM.GOV website.

UTILITIES

Under this service contract no utilities are required to be provided.

4.0 DESCRIPTION AND SCOPE OF WORK

GENERAL

This is a Firm-Fixed Price Services contract to provide outdoor portable toilets and services. The primary function of the service is always to provide a clean outdoor restroom facility for commercial delivery drivers, so they do not have to enter the facility.

The contractor shall provide a suitable standard commercial portable toilet unit to include a soap dispenser and hand sanitizer dispenser, that will be serviced/cleaned once a week during the fall/winter months and twice a week during the spring/summer months. The contractor will provide all cleaning material and supplies to support the unit as well as maintain the cleanliness of the unit. In the event the unit needs replacement the contractor will replace with a suitable unit.

The Southwest CMOP has implemented several COVID-19 precautions meant to protect staff. One of the most important ones identified is the requirement to keep non-essential personnel and visitors out of the main building facility. Southwest CMOP has multiple deliveries, to its loading dock, throughout the day and evening by commercial delivery vehicles. There are times when the drivers of these commercial vehicles have asked to use the restrooms in the facility. Due to the COVID-19 precautions, as well as the need to escort a driver, inside the building it has been determined that a portable restroom facility, placed at the rear of the main building, near the loading dock, would suffice in order to keep non-essential personnel out of the building. The establishment of a contract to provide a uni-sex portable toilet facility, that is cleaned once a week during the fall/winter months and twice a week during the spring/summer months, would allow:

· CMOP Tucson to maintain its COVID-19 precautions and protect staff from potential exposure by non-essential personnel/visitors.

· CMOP Tucson to eliminate the potential security risk to the facility by having non-essential personnel from entering the building. This is especially important at night when the staff onsite is reduced and does not allow for escorting visitors inside the building.

The Southwest CMOP requires this service to prevent potential COVID-19 contamination of the facility and potential security issues in the building by non-essential personnel/visitors.

CONTRACTOR SUBMITTALS

Safety Plan The contractor is responsible to ensure that its personnel adhere to all VHA safety policies while onsite at the Southwest CMOP and that they follow all other pertinent regulations if performing work on CMOP equipment offsite.

List of Employees Contractor shall notify Southwest CMOP of the names of any employee that will be working within the CMOP Tucson facility prior to dispatch to CMOP Tucson. No unidentified or unauthorized personnel are permitted on the work site.

Work Schedule Work will be conducted within the contractors normal working hours or as needed in case of emergency.

Equipment and Materials The contractor will furnish all equipment and materials related to this contract.

Protective Clothing The Contractor shall determine the necessary personnel protective equipment and ensure contract employees use the personnel protective equipment while performing tasks under this contract.

Licenses and Permits The Contractor shall obtain and maintain, at its sole expense, all necessary licenses and permits required to meet the requirements of the contract.

PROPERTY DAMAGE

The Contractor shall take all necessary precautions to prevent damage to any government property and will notify the Contracting Officer and COR immediately if damages occur. The Contractor is liable for damage to both Government and private property in performance of this contract. The Contracting Officer will authorize the Contractor to remedy the situation in one of the following ways: assessment for current replacement costs for damaged property, replace damaged property in a timely manner, or correct the damages with like materials at no additional cost.

NONCONTRACT CHARGES

The Contractor shall not perform any service that will result in additional charges without prior approval from the Contracting Officer.

EMERGENCY SERVICES

For emergency services the Contractor will be responsible for providing a technician within two (2) hours of notification of the emergency, Monday through Friday, 6:00 AM through 4:30 PM. However, it is expected that an emergency servicing of the unit would not be outside of the normal servicing procedures but just as/if needed.

TRAVEL

The cost of travel and/or travel time to and from the job site will be at the contractor’s expense, no cost to the Government.

WORKMANSHIP AND QUALIFICATION OF OFFERORS

All work will be performed by trained, qualified technicians in accordance with the vendors specifications. Contractor personnel performing under this contract must be fully qualified and competent and possess the required equipment, license, and permits to perform this service.

All contractors competing for award as a Service Disabled Veteran Owned Small Business (SDVOSB) must be registered and verified in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.gov). All contractors must be registered in the System for Award Management (SAM) database (http://www.SAM.gov) to be eligible for a government award.

Quotations will be considered only from offerors who are regularly established in the business called for and who in the judgment of the Contracting Officer are financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service, and adequately trained to perform services required in this SOW.

SERVICE TICKETS

All service tickets will show the Make, Model, and Serial numbers of the equipment being serviced.

PERIOD OF SERVICE

The term of this contract is for the period of six-months (February 1, 2021 to July 31, 2021) with six (6) optional 6-month periods for renewal.

SMOKING POLICY/PARKING

Vendor is advised, the Government has placed restrictions on the smoking of tobacco products in Government facilities. Vendor’s employees and visitors are subject to the same restrictions as Government personnel. Smoking is permitted only in designated smoking areas.

It is the responsibility of the Contractor to park in the appropriate designated parking areas. The Southwest CMOP will not validate or make reimbursement for parking violations of the Contractor under any conditions.

SAFETY AND ENVIRONMENTAL REQUIREMENTS

In the performance of this contract, the contractor shall take such safety precautions as the Contracting Officer or his designee may determine to be reasonably necessary to protect the lives and health of the occupant of any building. The Contracting Officer or his designee will notify the contractor of any noncompliance with the foregoing provisions and action to be taken. After receipt of such notice, the Contractor shall immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor, his representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or any apart of the work and hold the contractor in default as provided for elsewhere in this contract.

The Contractor shall comply with all local, state and federal laws, environmental and safety regulations. Compliance with OSHA and other applicable laws and regulations for the protection of Contractor’s employees is exclusively the Contractor’s obligation, and the Government will assume no liability or responsibility for the Contractor’s compliance or non-compliance with such responsibilities. The Contractor shall provide Contractor’s employees with all necessary personal protective clothing and equipment.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION REGULATIONS

The contractor shall perform services under the contract in compliance with the safety requirements defined in all applicable Federal, State and local laws, regulations and ordinances, including the latest effective standards promulgated by the Department of Labor, Occupational Safety and Health Administration, Safety and Health Standards, 29 CFR 1910 and 29 CFR 1925. When questionable, the most stringent shall apply.

The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the safety and health of employees and of members of the public and shall comply with all applicable safety and health regulations and requirements.

The Contractor shall maintain an accurate record of, and shall report to the CO and COR, all cases of death, occupational disease, or traumatic injury to employees of the public and any property damage as a result of performance under this contract.

WEAPONS, FIREARMS, AND AMMUNITION

Contractor’s employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or on Government property while at the Southwest CMOP.

FIRE PREVENTION AND SAFETY

Vendor’s employees shall comply with the Occupational Safety and Health Act (OSHA) and the Fire Prevention and Health Program.

STANDARDS OF CONDUCT

The Contracting Officer or COR shall refer to the Contractor for immediate action (including, but not limited to, removal from the work site) any contract technician whose personal or professional conduct jeopardizes or interferes with the regular and ordinary operation of the Southwest CMOP facility. Breaches of conduct include, but are not limited to, intoxication or debilitation resulting from drug use; theft; dereliction; negligence in performing tasks or other conduct resulting in complaints by staff or management.

ILLEGAL SUBSTANCES

Illegal substance possession, use, or distribution will not be tolerated on any Government installation, including Southwest CMOP. This includes prescribed medical marijuana. The contractor shall ensure that contractor employees who have access do not possess, use, or distribute illegal substances. All vendors are required to adhere to all local, state and federal laws concerning possession and/or use of illegal substances. Vendors found to be in possession of illegal substances will be barred from the installation and subject to arrest and prosecution by local authorities. Contract technicians performing services at the Southwest CMOP facility may be subject to random drug screening or screening for cause as determined by VA, to ensure compliance with the standard in 38 CFR 1.218.

PERFORMANCE STANDARDS

Contractor shall maintain a quality control program that ensures services are performed in accordance with these specifications throughout the entire contract period, and shall implement procedures to track, identify prevent, remedy and ensure non-recurrence of defective services. Additionally, the contractor shall provide a method to accept and resolve customer complaints and notify the customer of the resolution and shall immediately notify the Contracting Officer upon receipt of a customer complaint so joint validation may be accomplished. The contractor is responsible for quality control and specification compliance.

LAWS AND ORDINANCES

Contractor shall comply with all applicable laws, ordinances and regulations (Federal, state, city or otherwise) covering his operations under the contract. The Southwest CMOP is a secure location. All contractors shall comply with local policies and procedures, including those related to COVID-19 prevention such as wearing masks. Contractors must wear badges at all times and be escorted while working in sensitive areas. The contractor and its employees will not have access to Patient Health Information (PHI), nor will they have the capability of accessing patient information during the services provided to the VA.

CONTRACTOR RESOURCE REQUIREMENTS AND QUALIFICATIONS

4.19.1 All contractors must be registered in the System for Award Management (SAM) database (http://www.SAM.gov ) to be eligible for a government award.

4.19.2 All contractors providing a response as a Service Disabled Veteran Owned Small Business (SDVOSB) or Veteran Owned Small Business (VOSB) must be registered and verified in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.gov) at the time of the offer and at the time of award.

4.19.3 Contractor shall be required to provide documentation evidencing liability insurance coverage at the time of the offer, award and annually thereafter.

PAYMENTS REQUIREMENTS

Upon notification of award, the Contractor must be vendorized in VA fiscal systems. The Contractor must:

A. Submit a TIN and DUNS number to the Contract Officer for vendorization in the local VA logistics database, VistA, so a purchase order may be created for the contract.

B. Submit a VA Form 10091 to the VA Finance Service Center (FSC), if one is not already on file.

C. Register and create an account in the online VA payment system, Tungsten/OB10. More information can be found at http://www.va.gov/oaa/invoicing/faqs.asp.

INVOICE SUBMISSION

The VA uses a third-party web portal, called Tungsten OB-10 to process invoices. Tungsten OB10 receives invoice data through the Internet and verifies certain data fields on behalf of the VA, keys to AP routing for approval, and sends a confirmation report to the Contractor’s point of contact. Tungsten OB10 then creates an invoice PDF for delivery into the VA accounts payable system. The certifying official at the station will certify the invoice for payment.

Invoices are only to be submitted electronically to the VA Finance Service Center (FSC) through the Tungsten OB10 web portal. Invoices submitted directly to the FSC or the facility by fax or mail will not be accepted and will delay payment. Invoices submitted without a due date or purchase order (PO) number will be rejected.

Invoices shall be submitted upon completion of work. Pursuant to FAR Clause 52.212-4(g), payment will be made after receipt of properly prepared invoices, provided that the following has been met:

a. Invoicing shall be accomplished using the OB/Tungsten network. Invoices mailed or faxed will not be paid. Again, invoices submitted directly to the FSC or the facility will not be accepted and will delay payment.

b. In order to properly administer this contract, it is mandatory that all technicians report to COR or designee, with the work/repair ticket after the work has been completed. This procedure is necessary to ensure that internal accountability is maintained for all repairs. Failure to follow this procedure may jeopardize the payment of maintenance work and the contractor’s technician who ignores this procedure does so at his/her own risk.

Payment inquiries may be made to the Contracting Officer or through the Vendor Customer Service Support Helpdesk at 512-460-5049 or VAFSCCSHD@VA.GOV.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

CONTRACT TO PROVIDE ONE STANDARD SIZE PORTABLE RESTROOM TO INCLUDE IT BEING FULLY STOCKED (WITH TOILET PAPER, HAND SOAP, AND HAND SANITIZER) AND CLEANING SERVICES ONCE PER WEEK.

THIS IS FOR ONE (1) CONTAINER FOR 6 MONTHS.

Contract Period: Base POP Begin: 02-01-2021 POP End: 07-31-2021

ONE ADDITIONAL CLEANING SERVICE PER WEEK DURING THE SUMMER MONTHS OF MAY-JULY.

Contract Period: Base POP Begin: 02-01-2021 POP End: 07-31-2021

CONTRACT TO PROVIDE ONE STANDARD SIZE PORTABLE RESTROOM TO INCLUDE IT BEING FULLY STOCKED (WITH TOILET PAPER, HAND SOAP, AND HAND SANITIZER) AND CLEANING SERVICES ONCE PER WEEK.

Contract Period: Option 1 POP Begin: 08-01-2021 POP End: 01-31-2022

ONE ADDITIONAL CLEANING SERVICE PER WEEK DURING THE SUMMER MONTHS OF AUGUST-OCTOBER.

Contract Period: Option 1 POP Begin: 08-01-2021 POP End: 01-31-2022

CONTRACT TO PROVIDE ONE STANDARD SIZE PORTABLE RESTROOM TO INCLUDE IT BEING FULLY STOCKED (WITH TOILET PAPER, HAND SOAP, AND HAND SANITIZER) AND CLEANING SERVICES ONCE PER WEEK.

Contract Period: Option 2 POP Begin: 02-01-2022 POP End: 07-31-2022

ONE ADDITIONAL CLEANING SERVICE PER WEEK DURING THE SUMMER MONTHS OF MAY-JULY.

Contract Period: Option 2 POP Begin: 02-01-2022 POP End: 07-31-2022

CONTRACT TO PROVIDE ONE STANDARD SIZE PORTABLE RESTROOM TO INCLUDE IT BEING FULLY STOCKED (WITH TOILET PAPER, HAND SOAP, AND HAND SANITIZER) AND CLEANING SERVICES ONCE PER WEEK.

Contract Period: Option 3 POP Begin: 08-01-2022 POP End: 01-31-2023

ONE ADDITIONAL CLEANING SERVICE PER WEEK DURING THE SUMMER MONTHS OF AUGUST-OCTOBER.

Contract Period: Option 3 POP Begin: 08-01-2022 POP End: 01-31-2023

CONTRACT TO PROVIDE ONE STANDARD SIZE PORTABLE RESTROOM TO INCLUDE IT BEING FULLY STOCKED (WITH TOILET PAPER, HAND SOAP, AND HAND SANITIZER) AND CLEANING SERVICES ONCE PER WEEK.

Contract Period: Option 4 POP Begin: 02-01-2023 POP End: 07-31-2023

ONE ADDITIONAL CLEANING SERVICE PER WEEK DURING THE SUMMER MONTHS OF MAY-JULY.

Contract Period: Option 4 POP Begin: 02-01-2023 POP End: 07-31-2023

CONTRACT TO PROVIDE ONE STANDARD SIZE PORTABLE RESTROOM TO INCLUDE IT BEING FULLY STOCKED (WITH TOILET PAPER, HAND SOAP, AND HAND SANITIZER) AND CLEANING SERVICES ONCE PER WEEK.

Contract Period: Option 5 POP Begin: 08-01-2023 POP End: 08-31-2024

ONE ADDITIONAL CLEANING SERVICE PER WEEK DURING THE SUMMER MONTHS OF AUGUST-OCTOBER.

Contract Period: Option 5 POP Begin: 08-01-2023 POP End: 08-31-2024

CONTRACT TO PROVIDE ONE STANDARD SIZE PORTABLE RESTROOM TO INCLUDE IT BEING FULLY STOCKED (WITH TOILET PAPER, HAND SOAP, AND HAND SANITIZER) AND CLEANING SERVICES ONCE PER WEEK.

Contract Period: Option 6 POP Begin: 02-01-2024 POP End: 07-31-2024

ONE ADDITIONAL CLEANING SERVICE PER WEEK DURING THE SUMMER MONTHS OF MAY-JULY.

Contract Period: Option 6 POP Begin: 02-01-2024 POP End: 07-31-2024

B.4 DELIVERY SCHEDULE

Tucson, AZ 85706

USA

(520) 209-3112 kevin.mckinney@va.gov

Feb 1, 2021 – Jul 31, 2024

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 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204–7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data.