36C78623Q50168 RFQ NMCP Janitorial Services.docx

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

36C78623Q50168 05-24-2023 Brian Trahan brian.trahan@va.gov 06-12-2023

1630 PST

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 1301 Clay Street, 1230 North Oakland CA 94612

X

561720 $22 Million

Net 30 Days

N/A

National Memorial Cemetery of the Pacific

2177 Puowaina Drive Honolulu HI 96813 36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 1301 Clay Street, 1230 North Oakland CA 83316 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900

National Cemetery Administration National Memorial Cemetery of the Pacific Janitorial Svcs in accordance with Statement of Work

The Government intends to award a single Indefinite Delivery Indefinite Quantity (IDIQ) contract in accordance with FAR 16.504.

FAR 52.212-1 Addendum: Required deliverables (1)Price Schedule, (2) Minimum technical requirements

FAR 52.212-2 Addendum: An award will be made using LPTA procedures. Quotes will be ranked in order of price and only the low price will be evaluated for technical acceptance. If the offer is technically acceptable, the evaluation will stop there.

Brian Trahan 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 36C786 Brian Trahan Department of Veterans Affairs National Cemetery Administration Contracting Services 1301 Clay Street, 1230 North Oakland CA 94612

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 DESCRIPTION/SCHEDULE/ORDERING/PERFORMANCE OF SERVICES

The National Cemetery Administration honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. National cemeteries are national shrines. The standards of maintenance, appearance and operational procedures performed by the Contractor at this cemetery shall reflect this nation’s concern for those interned there. For this reason, the Contractor’s strict adherence to the specifications shall be required and shall be essential. The Contractor shall demonstrate a clear understanding of, and the sensitivity to, environmental issues during the performance of the contract.

Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledge the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our Nation. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.

Description of Services This solicitation/contract will establish an Indefinite Delivery/Indefinite Quantity (IDIQ) for Janitorial Services at National Memorial Cemetery of the Pacific in accordance with Statement of Work.

Ordering/Performance Period This IDIQ is for a 5-year ordering period of July 01, 2023 to June 30, 2028.

Contract Value The guaranteed minimum award amount for this contract is $1,000. The maximum aggregate value of orders that can be placed under this contract(s) is $900,000.00. The Government does not guarantee that it will place any orders under this contract more than the guaranteed minimum award amount.

B.3 PRICE/COST SCHEDULE

PRICE/COST SCHEDULE

Base Year - 07/01/2023 - 06/30/2024

Material/Product

Option Year 1 - 07/01/2024 - 06/30/2025

Material/Product

Option Year 2 - 07/01/2025 - 06/30/2026

Material/Product

Option Year 3 - 07/01/2026 - 06/30/2027

Material/Product

Option Year 4 - 07/01/2027 - 06/30/2028

Material/Product

B.4 PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

National Memorial Cemetery of the Pacific Janitorial Services

May 05, 2023

SCOPE: This is a Non-Personal Janitorial Service in which the Contractor shall furnish all supplies, materials, personnel, equipment, tools, and supervision necessary to provide complete Janitorial Services at the National Memorial Cemetery of the Pacific, 2177 Puowaina Drive, Honolulu, HI 96813.

BACKGROUND INFORMATION: The Department of Veterans Affairs (VA), National Cemetery Administration (NCA) requires janitorial services to be performed at the National Memorial Cemetery of the Pacific. The National Memorial Cemetery of the Pacific is a National Shrine. The standards of maintenance and appearance at this cemetery must reflect this nation’s concern for those interred there. For this reason, the Contractor’s strict adherence to the specifications is required and essential.

PERSONNEL: Contractor personnel shall adhere to established training criteria (such as OSHA, JCAHO), and shall be able to demonstrate a documented employee initial and refresher training program that includes Universal Precautions, basic bacteriological concepts, infection control, safety, fire protection, Personal Protective Equipment (PPE), and laundry operating procedures and policies.

PHYSICAL SECURITY: The contractor shall, at all times, exercise care and caution in performing the duties described in the statement of work so as not to cause injury to themselves or other persons. The contractor shall perform the assigned tasks and duties in a safe manner in accordance with VA, NCA, and OSHA regulations and policies. The contractor shall indemnify to protect self, and render the United States Government, its employees, agents, and representatives, harmless from any liability resulting from personal injury arising out of performance of the work contained herein.

1. The contractor and contractor’s employees shall follow the cemetery smoking policy. Policy is available at the cemetery.

2. All debris resulting from cemetery janitorial services shall be disposed of in Government provided dumpster designated by the Contracting Officer’s Representative (COR).

3. The contractor shall be responsible for any damage to Government and/or personal property. All damage by the Contractor shall be repaired or replaced by the Contractor at no additional cost to the Government.

4. The contractor shall provide all safety warning devices at worksite to eliminate all hazards to visitors and cemetery employees.

QUALITY CONTROL: The Contractor shall establish and maintain a complete Quality Control Plan to ensure that the requirements of the contract are provided as specified in the contract. One copy of the contractor’s Quality Control Plan shall be provided to the contracting officer not later than the Post Award Conference. An updated copy must be provided to the contracting officer and COR on the contract start date and as changes occur.

The plan shall describe the methods for identifying and preventing defects before the level of performance becomes unacceptable.

QUALITY ASSURANCE: The Government will evaluate the contractor’s performance under this contract in accordance with the Performance Work Statement and the enclosed Janitorial and Restroom Checklists. The checklists shall be initialed and dated each day by contractor personnel signifying that the work was completed. All surveillance observations will be recorded by the Government. When an observation indicates defective performance, the COR will complete a discrepancy report and send it to the contracting officer and the contractor by e-mail and or fax. The discrepancy reports will be used to establish documentation for non-performance or tasks not satisfactorily completed in accordance with the Work Statement which will result in a reduction of the monthly amount in the Schedule.

Performance Evaluation Meetings. The contract manager may be required to meet with the COR and contracting officer at the beginning of contract performance. Quarterly meetings will be scheduled with the Director of National Memorial Cemetery of the Pacific, COR and/or Contracting Officer. The contractor may request meetings whenever a Contract Discrepancy Report is issued. The written minutes of these meetings shall be signed by the contractor’s manager, contracting officer and COR. If the contractor does not concur with the minutes, he/she shall state any areas of non-concurrence within 5 business days of receipt of the signed minutes.

ADMINISTRATIVE ISSUES:

1. Based upon satisfactory completion and final inspection and acceptance of all work performed in accordance with the Statement of Work., the Contractor shall be paid monthly after receipt of a properly prepared invoice.

2. Notwithstanding the provisions of the contract covering inspection and acceptance, any items found to be unsatisfactorily cleaned shall be re-cleaned at no additional cost to the VA/NCA.

3. Contracted services are to be accomplished subject to emergency situations-as defined by the VA-which may require alteration of schedules. In the event the VA declares a facility emergency or disaster or participates in a federal and/or DoD drill, the contractor shall perform services as required by the facility Contracting Officer’s Technical Representative (COTR) per the Emergency Preparedness Plan.

4. Contractor shall specify a point of contact (with phone number and e-mail address) as the designated contact for VA/NCA, and the parties shall meet as needed. The point of contact can be reached during normal business hours and off-duty hours and be able to respond within one hour of notification by the VA/NCA and take prompt action on matters pertaining to the contract.

EQUIPMENT, MATERIALS and SUPPLIES

1. Contractor Supplied Items. Unless otherwise stated all equipment, such as step ladders, water hose, mops, vacuum, brushes, etc. as well as all cleaning chemicals which must meet (The Farm Security and Rural Investment Act (FSRIA) of 2002, E.O. 13423, and Part 23 of the FAR which requires Federal agencies to purchase USDA-designated Bio-Based products, also known as Bio-Preferred products.) will be furnished by the contractor. Contractor will provide employees with a binder and training for all cleaning materials with a copy of all material safety data sheets (SDS) and provide the COR with copies of the SDS’s for all chemicals stored at the cemetery.

2. Contractor will supply all expendable items such as hand soap, plastic garbage bags, air freshener and paper products i.e., toilet paper and hand towels.

a. Proper and Safe use of Equipment and Chemicals. Contractor shall use all equipment, disinfectants, detergents, and other chemical agents in accordance with OSHA and manufactures instructions. Contractor shall take extreme care while performing cleaning services to insure that corrosive or abrasive chemicals do not mar, discolor, remove, or harm the finish in any way on any facility or fixture. Contractor may be liable for damages to private or Government property caused by misuse.

b. Reasonable Cleaning Effort. Contractor shall advise the COR of any stains or markings that cannot be removed by reasonable cleaning efforts.

CUSTODIAL SERVICES, DAYS AND HOURS OF PERFORMANCE

Areas to be serviced are located in the Administrative Building (Admin Bldg.), Public Information Center (PIC), Public Restrooms, Maintenance Shop, and Overlook Restroom.

The Admin Bldg. consists of 2 levels, they are:

Upper Level: 1. Reception Area. 2. Administration Lobby. 3. Conference Room. 4. Elevator Lobby. 5. Elevator. 6. Storage Area. 7. Kitchen Area/ Break Room. 8. 2 Restrooms. 9. Operations Area. 10. 3 Offices, 11. Janitor Closet. 12. Outdoor Lanai.

Lower Level: 1. Office space. 2. Elevator Lobby. 3. Storage area. 4. Kitchen/Break Room. 5. 2 Bathrooms. 6. Shower. 7. Honor Guard Room. 8. Outdoor Lanai

The Public Restrooms 1. Men’s Restroom. 2. Women’s restroom. 3. Family restroom. 4. Storerooms.

The Maintenance Shop consists of 4 areas. 1. Foreman’s Office. 2. Employee Break Room. 3. Locker Room. 4. Rest Room.

The Cemetery restroom. 1. 2 Men’s Restroom. 2. 2 Women’s Restroom. 3. Janitorial Closet 4, kiosk. Janitorial services shall be performed and completed Monday through Friday for all areas. The cemetery will be open every HOLIDAY/three-day weekend, these days will be provided to the janitorial contractor in January of each year and will require service of all areas. Janitorial services are required on Saturday, Sunday and Holiday’s for restrooms only.

Janitorial services are also required in all areas on Saturday, Sunday, and Monday for the Memorial Day Weekend (The last weekend in May), and on November 11th for the Veterans Day Holiday. Work shall be accomplished between the hours of 4:15 P.M. and 12:00 A.M.

Approximate Square Footage

Maintenance Shop Overlook Restrooms

GENERAL

1. Daily empty, clean and line all waste cans, including all trash receptacles inside the buildings and outside of the Administration Building and Public Information Center (PIC) entrances, maintenance shop and restrooms. A commercial dumpster is located at the far end of the maintenance shop for the disposal of trash.

2. Daily empty and damp wipe ashtrays at entrances and exits of the administration and public information buildings. The receptacle should be free of litter associated with cigarette smoking, as well as gum, wrappers, etc. Ashtrays with sand will be cleaned out also.

3. Daily empty paper shredder canisters into the blue recycling containers, change the blue recycling container bags and place the removed materials into the recycling dumpster located next to the regular trash dumpster. Dispose of all empty cardboard boxes located around trash containers into the recycling dumpster.

4. Weekly, clean, polish and sanitize drinking fountains and vending machines.

5. Weekly clean and damp wipe chairs, wall clocks and wall pictures.

6. Weekly clean and polish light switches, door handles and push plates in all areas.

7. Weekly clean (vacuum or dust) vents, louvers, light fixtures, ceiling fans, mini blinds, windowsills, tube heat radiators, water supply piping, ceiling structural framing braces and Heating, Ventilation, and Air Conditioning (HVAC) supply registers. A treated cloth should be used when necessary.

8. Weekly dust and polish all wood surfaces and countertops.

9. Daily clean, organize and maintain the janitors’ closets at Administration Building and PIC.

10. Prior to departing each evening, Contractor shall ensure all interior lights are turned off; all doors are secured and locked, and the security alarm is activated at the PIC and Administration Building.

11. Provide a weekly report and or checklist of completed task.

RESTROOMS/LOCKER ROOMS

1. Daily clean toilets/urinals and sinks with germicide disinfectant.

2. Daily clean and polish all glass, mirrored and stainless-steel areas with appropriate cleaners, ensuring no streaks.

3. Daily clean counters, tables, benches, and sinks.

4. Daily fill all soap dispensers, paper towels, toilet paper and toilet seat protectors.

5. Weekly clean and disinfect toilet and urinal partitions, lockers, and walls

DOORS/WALLS/PARTITIONS/ All Areas

1. Daily clean glass doors at the Administration Office front entrance (with glass cleaner), inside and outside surfaces. Spot clean daily all other glass surfaces in the Administration Building and PIC areas not to exceed 8 feet.

2. Weekly clean all glass surfaces in the Administration Building from floor level to a height not to exceed 8 feet.

3. Daily spot clean doors walls and partitions in office spaces, PIC and restrooms.

4. Weekly dust and clean all doors, doorframes, walls, and partitions, ensuring all corners are free of dust and cobwebs.

5. Weekly dust and clean all window ledges, windowsills, cabinets, table, desk and counter tops, pictures, and baseboards

JANITOR LOCKER AND STORAGE ROOM/STAIRWELL

1. Weekly clean storage room from top of stairwell down to floor, removing all dirt and dust from handrails and steps. Sweep and wet mop floor after removing all interferences. Replace all items after floor dries.

2. Daily ensure the janitorial closet is clean and neat in appearance. All chemicals stored in locker are below eye level and a SDS is on hand.

3. Weekly remove all interference from Janitors Closet and scrub and clean floor drain. Sweep and wet mop floor. Replace all items after floor dries.

LUNCH/BREAK ROOMS

1. Daily clean counters, tables, and sinks (move small appliance and items as needed)

2. Daily clean and polish all glass, mirrored and stainless-steel areas with appropriate cleaners, ensuring no streaks.

3. Daily clean exterior of the refrigerator and microwaves.

4. Weekly remove trash containers and clean. Clean interiors of all microwave ovens and stove ovens

TILE AND VINYL FLOORS

1. Daily sweep and wet mop all tile and vinyl floor surfaces (move tables, chairs, waste cans, mats, etc.) and remove stains, dirt, mud, grime, and markings as needed, leaving surfaces streak free.

2. Cleaning solution shall be monitored and must be changed whenever the solution is dirty. Floor’s will be checked for cleanliness using a damp paper towel each morning by COR to check for residual dirt.

3. Grime, dirt and debris which accumulate in corners must be removed at least weekly.

4. On Friday of each week the tile floors in the restrooms will be cleaned with a brush or machine to remove dirt and grime build up in the grout lines.

CARPETED AREAS

1. Daily vacuum all carpet and rug areas (including mats and carpet runners), ensuring removal of debris; moving light furniture and floor items as needed. Carpet areas include all carpeted areas within the administrative office and PIC areas, to include all offices and cubicles.

2. Clean all carpets in accordance with standard commercial practices. A heavy-duty spot remover may be required in heavily soiled areas. Chairs, trash receptacles, and other items shall be moved to clean carpets underneath and returned to their original location.

3. Floor mats located in the foyer at front entrance(s) will also be vacuumed and cleaned.

4. The COR will notify the contractor of the need to complete carpet cleaning that falls under the optional items list. All carpet and rug areas shall be vacuumed, shampooed, and thoroughly dried. After shampooing, the carpeted area will be uniform in appearance and free of stains and discoloration. All cleaning solutions shall be removed from baseboards, furniture, trash receptacles, chairs and other similar items.

WEEKEND AND FEDERAL HOLIDAY TRASH REMOVAL (SATURDAY AND SUNDAY)

1. Saturday, Sunday, and Federal Holidays ensure all cemetery trash receptacles are emptied and all cemetery temporary vase receptacles are full of cemetery-provided temporary vases.

2. Replace trash receptacle with a new liner (trash bag) and stock cemetery temporary vase receptacles with cemetery-provided temporary vase.

3. Trash collected during the weekend shall be removed from cemetery that day and disposed of at an offsite location.

4. Saturday and Sunday trash collection times shall occur between 11am – 1pm. On Federal holidays trash collection shall occur at two separate times once in the morning between 9am-11am and 2pm-4pm.

The cemetery will be open on one day of every HOLIDAY/three-day weekend. These days will be provided to the janitorial contractor in January of each year and will require service of all areas. Work is performed as stated above in the CUSTODIAL SERVICES, DAYS AND HOURS OF PERFORMANCE section. Additional work hours may be authorized for the convenience of the Contractor upon written approval of the COR(s).

(END OF STATEMENT OF WORK)

B.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.2 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in the Vendor Information Pages (VIP) database.

(c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.3 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause) C.4 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.5 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from first day of performance period through last day of performance period.

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

(End of Clause)

C.6 52.216-19 ORDER LIMITATIONS (OCT 1995)

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

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

(1) Any order for a single item in excess of $180,000.00;

(2) Any order for a combination of items in excess of $270,000.00; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at…