36C79123Q0026_1.docx

36C79123Q0026

GENERAL INFORMATION

Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621

POINT OF CONTACT*

Caroline West caroline.west@va.gov 303-273-6226

PLACE OF PERFORMANCE

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

DESCRIPTION

See attached Solicitation 36C79123Q00026 See attached document: 36C79123Q0026 Final RFQ.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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

36C79123Q0026 05-05-2023 Caroline West 303-273-6226 05-19-2023 12:30pm Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621 X X 524210 $13 Million N/A X Department of Veterans Affairs Commodities & Services Acquisition Svc 555 Corporate Circle Golden CO 80401-5621 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621

Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621 See CONTINUATION Page Third Party Insurance Coverage for the government-owned Vehicles.

Responses are due back on 05/19/2023 to Block 16 via email to Caroline West at caroline.west@va.gov.

All questions must be in writing and sent to the Contracting Officer NLT May 12, 2023.

This RFP will result in a single award contract.

See FAR Provision 52.212-1 Instructions to Offerors inside for all items to be included with Offer.

Contracting Officer contact info: caroline.west@va.gov See CONTINUATION Page X Caroline West Contracting Officer Page 1 of Table of Contents

SECTION A.2 - CONTINUATION OF SF 1449 BLOCKS

A.2.1 CONTRACT ADMINISTRATION DATA

The Commodities and Services and Acquisition Service (CSAS) Contracting Officer (CO) is responsible for providing overall scope oversight, maintaining communication between Contractors and the United States Department of Veterans Affairs (VA), ensuring contract compliance, administering contracts and modifications, and ensuring that annual performance evaluations are completed at the contract level. Nevertheless, any CO assigned to the CSAS and acting within his/her warrant authority may take formal action on this contract when a contract action needs to be taken and the primary CO is unavailable. The CO reserves the right to designate a Contracting Officer’s Representative (COR) at the contract level.

A.2.2 CONTACTING OFFICER’S AUTHORITY

The Contracting Officer has responsibility for ensuring the performance of all necessary actions for effective contracting; ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships.

Accordingly, the Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this contract. In addition, the Contracting Officer is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere is this contract, the said authority remains solely with the Contracting Officer.

A.2.3 CONTRACT ADMINSTRATION

All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: To be determined at time of award Offeror: UEI #: Offeror TIN #: Company Name and Address: Point of Contact: Phone Number: Email Address

b. GOVERNMENT: Contracting Officer 36C791 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621 Contracting Officer's Representative: Kenya Weatherspoon

A.2.4 CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer may designate other Government personnel (known as the Contracting Officer's Representative or COR to act as his or her authorized representative for contract administration functions that do not involve changes to the scope, performance, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. The Contractor may be required to sign the COR Letter of Appointment to acknowledge the authorities and limitations of the COR assigned to this contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.

A.2.5 THE CONTRACTOR’S PROGRAM MANAGER

The Contractor’s Program Manager shall be the primary point of contact for all work performed under the contract. The Program Manager shall keep the Contracting Officer’s Representative (COR) informed of any performance issues, cost or financial concerns and potential problems that, if unresolved, will adversely affect the Contractor’s performance, schedule or costs, and take all appropriate measures to mitigate adverse impact to the contract.

A.2.6 CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

A.2.7 INVOICES: Invoices shall be submitted in arrears:

of all deliverables specified

A.2.8 GOVERNMENT INVOICE ADDRESS

Regular Mail: VA Denver Logistics Center Finance Division (001AL-M1C) P.O. Box 25166 Denver, CO 80225-0166

Federal Express: VA Denver Logistics Center Finance Division (001AL-M1C) 555 Corporate Circle Golden, CO 80401

The invoices submitted for payment shall be in accordance with FAR 52.212-4(g) and shall be submitted in arrears as supplies are ordered.

A.2.9 VENDOR ELECTRONIC INVOICE SUBMISSION METHODS

Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below. Fax, email, and scanned documents are not acceptable forms of submission for payment requests.

(1) VA’s Electronic invoice presentment and payment system-The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungstennetwork.com/US/en/veterans-affairs/ to begin submitting electronic invoices, for free.

A.2.10 VENDOR E-INVOICE SET UP INFORMATION

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing, free of charge. If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below.

(1) Tungsten e-Invoice setup information: 1-877-489-6135

(2) Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

A.2.11 PROPER INVOICE SUBMISSION REQUIREMENTS

Submission of a proper invoice shall include the following data:

1. Name and address of the contractor

2. Invoice date and number

3. Delivery Order No.

4. Contract No.

5. Contract Line-Item number (CLIN), description, quantity, unit of measure, price, and a total of supplies delivered.

6. Cumulative billing (per line item and total)

7. Signature, printed name, and title of Government receiving official, and date of delivery must be included or accompany with invoice.

A.2.12 INVOICE REPORTING AND INQUIRY

Please direct inquires to both the Senior Accountant and Contracting Officer/Specialist:

Mail: VA Denver Logistics Center Senior Accountant P.O. Box 25166 Denver, CO 80225-0166

Federal Express Address: 555 Corporate Circle Golden, CO 80401 Email Address: dalc.fiscal@va.gov Phone: 303-273-6230 or 303-273-6231 Fax: 303-215-9140

A.2.13 INVOICE REPORTS

The Contractor shall provide semiannual invoice report. The invoice report is a report of all tendered invoices under this contract. The report should be submitted Semiannually via email to the CO/COR using Attachment 3- Semi Annually Invoice Report Template.

Contractors will not be compensated for the preparation and delivery of the requisite reports for the duration of the contract, including the contract base period and all option periods and extended performance periods if applicable.

A.2.14 COMMUNICATION OF CHANGE TO CONTRACT

Department of Veterans Affairs Commodities and Services Acquisition Service (CSAS) is the only entity with authorization to modify the contract to add/remove vehicles.

Contract Modification: The contractor shall confirm receipt of a modification for addition of new vehicles, removal of old vehicles, and movement of vehicles from one VA location to another (via email) from VA CSAS CO within one business day and the coverage starts immediately.

The Contractor must confirm receipt of the modification from VA CSAS via e-mail within one business day. Upon receipt of modification order from the CSAS, the Contractor shall fulfill the order and email a pdf of Automobile Insurance Card electronically to the program office point of contact.

A.2.15 PERIOD OF PERFORMANCE

The base period will be twelve months from date of award followed by four 12-month option periods.

Period of Performance

A.2.16 Federal Holidays

A.2.17 POST AWARD CONFERENCE

A post-award conference will be held at a time and place or means to be determined after award, unless waived by the Contracting Officer. The conference will take place prior to the period of performance beginning date; therefore, the contractor shall not commence performance under this contract until notified to do so by the Contracting Officer.

A.2.18 ACKNOWLEDGMENT OF AMENDMENTS

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

B.1 SCHEDULE OF ITEMS

Offers shall submit pricing below utilizing the schedule of items. The offeror is required to offer prices for base year and all four option year periods. When proposing prices the offeror shall reference the Minimum Service Requirements located in section XX. The estimated quantities listed in the Schedule of Items are estimates of the total annual requirement for a CLIN and are NOT commitments by the Government. The minimum estimated quantity is 103 vehicles with a maximum of 130 vehicles.

CLIN 001: For coverage of the 101 vehicles located in the United States and District of Columbia CLN 002: For coverage of 2 vehicles located in United States Territory of Puerto Rico CLN 003: For coverage of any additional twenty-eight (28) vehicles over the estimated 101, located in United States and District of Columbia CLN 004: For coverage of any additional two (2) vehicles over the estimated 2, located in the United States Territory of Puerto Rico.

The offeror is required to price for all years (base award and four option periods) identified in the Schedule. Prices awarded for the base and option year periods will remain in effect for the respective contract base year or option periods.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Auto Liability Insurance - Non-Government employees Driving GOV to re-learn to Drive - U.S. and D.C.

Contract Period: Base POP Begin: 06-01-2023 POP End: 05-31-2024

Auto Liability Insurance - Non-Government employees Driving GOV to re-learn to Drive - Puerto Rico

Auto Liability Insurance - Non-Government employees Driving GOV to re-learn to Drive OPTIONAL VEHICLES Number 101-130 - U.S. and D.C.

Auto Liability Insurance - Non-Government employees

Number 3-5 - Puerto Rico.

Auto Liability Insurance - Non-Government employees

Contract Period: Option 1 POP Begin: 06-01-2024 POP End: 05-31-2025

Auto Liability Insurance - Non-Government employees

Auto Liability Insurance - Non-Government employees

Auto Liability Insurance - Non-Government employees

Auto Liability Insurance - Non-Government employees

Contract Period: Option 2 POP Begin: 06-01-2025 POP End: 05-31-2026

Auto Liability Insurance - Non-Government employees

Contract Period: Option 2

Auto Liability Insurance - Non-Government employees

Number 101-130 - U.S. and D.C.

Contract Period: Option 2

Auto Liability Insurance - Non-Government employees

Number 3-5 - Puerto Rico.

Contract Period: Option 2

Auto Liability Insurance - Non-Government employees

Contract Period: Option 3 POP Begin: 06-01-2026 POP End: 05-31-2027

Auto Liability Insurance - Non-Government employees

Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

Auto Liability Insurance - Non-Government employees

Auto Liability Insurance - Non-Government employees

Auto Liability Insurance - Non-Government employees

Contract Period: Option 4

Auto Liability Insurance - Non-Government employees

Contract Period: Option 4

Auto Liability Insurance - Non-Government employees

Auto Liability Insurance - Non-Government employees

B.3 PERFORMANCE WORK STATEMENT

Commercial Automobile Third-Party Liability Insurance Driver Rehabilitation Program Insurance

B.3.1 INTRODUCTION

The Department of Veterans Affairs (VA), Commodities and Services Acquisition Service (CSAS) and the Denver Logistics Center (DLC) manage holistic supply chain management for the VA National Audiology, Prosthetics, and Telehealth Programs and supports VA and other Government agencies with professional acquisition and logistical services. The CSAS and the Office of Rehabilitation and Prosthetics has been tasked with a requirement to procure the Commercial Automobile Third-party Insurance coverage necessary to cover the VA owned and leased (GOV) and or Privately Owned vehicles (POV) for the Driver Rehabilitation Program.

The Commercial Automobile Third Party Liability Insurance requirement falls under North American Industry Classification System (NAICS) code 524210, Insurance and Brokerage and Product Service Code (PSC) G009 – Social-Non-Government Insurance Programs.

Public Law (P.L.) 93-538, mandated VA to provide opportunities for driver education and training for all eligible Veterans with disabilities and certain military personnel. Veterans and members of the Armed Forces with disabilities are entitled to have the opportunity to learn to drive a motorized vehicle on the Nation’s public highways. Depending upon the severity of the disability and the available adaptive equipment designed for utilization in today’s motor vehicles, the disabled individual should enjoy the independence and freedom of mobility offered all citizens.

Title 38 United States Code (U.S.C.) Section 3903(e) authorizes the Secretary of the VA to obtain insurance on automobiles and other conveyances used in conducting the special driver training courses and to obtain, at the Government expense, personal liability and property damage insurance for all persons taking such courses, hereafter such persons shall be referred to as clients.

Client training will occur on a daily basis at each of the driver rehabilitation centers. A VA employee, who is a trained drive rehabilitation specialist, accompanies program participants (clients) during each training session. The only incidence in which the drive rehabilitation specialist is not in the vehicle with the client is during a time when a driving test is being administered by the local (state) Motor Vehicle Department. The state examiner is the only person allowed in the vehicle with the client during the test, and coverage will extend to the client and vehicle during those times.

The Government estimates the total number of clients referred during each policy year is to be 10,000 eligible veterans, but this could increase to approximately 15,000 over the term of the contract and includes both veteran and non-veteran clients. Non-Veteran Client’s would be language interpreters, service animals, caregivers as appropriate. All the vehicles used in the VA Driver Rehabilitation Program are equipped with specially adapted equipment for use by the disabled driver trainee. At a minimum all GOV’s have been adapted to include an instructor brake.

Vehicles are owned or leased by VA, referred to as GOV, are insured (“primary insurance”) by VA. VA will contract with qualified Automobile Insurance Broker or Insurance Carrier to provide commercial automobile third party liability insurance coverage to eligible clients for the Driver Rehabilitation Program vehicles at all participating VA medical facilities. This policy will cover any new or replacement driver training vehicles purchased or leased by any existing or new VA facility added to the program during the policy period. This specific insurance policy offers coverage against claims of damages and losses incurred by the client who is at the time driving who is not considered the insured and therefore not covered under the Government Federal Tort Claims Act.

The liability coverage shall cover bodily injury and property damage to the third party caused by the driver trainee (client) while operating a specially adapted vehicle in the program. Coverage type for the vehicles under this contract will be for third party bodily injury (BI) of $500,000 and property damage (PD) of $500,000. For the combined BI and PD total of $1,000,000 per each accident. The Government shall not pay deductible.

Bodily Injury liability covers the cost resulting from injuries to the person. These injurie’ costs could include but not limited to hospital care, lost wages, and pain or suffering due to the accident.

Property damage liability covers costs resulting from damages to or loss of property. Examples of property damage include the payment to replace landscaping or mailbox and compensation for loss of use of a structure. Coverage for Automobile Insurance services will be provided in the United States, the District of Columbia, Puerto Rico. Carrier must be licensed in all 50 states, Washington D.C. and Puerto Rico.

B.3.2 VEHICLE TO BE COVERED

The Contractor shall provide commercial automobile third-party insurance for the period of performance of this contract. Please see in Section D- Attachment 4, Vehicle Listing of current participating VA Driver Rehabilitation Centers and the vehicles, which are to be covered during the policy term.

Transfer of vehicles: Transfers of driver rehabilitation vehicles from one driver rehabilitation center to another is authorized. Therefore, prices for this contract will be based on a nationwide rate rather than a zip code/state basis. The Contractor will be notified within 5 business days by the Contracting Officer Technical Representative and the vehicle location listing will be updated.

Privately Owned Vehicle (POV):

On rare occasions, it is necessary to evaluate, and train selected driver rehabilitation clients in a NON- GOV, due to following conditions: lack of availability of specialized vehicle equipment in the GOV, or to meet the specific individual needs of the patient. In such cases, the contractor will be notified within 24 hours by the Contracting Officer Technical Representative and a contract modification will be issued as applicable for the privately owned vehicle (POV) with CO approval. Total price of the modification will be prorated based on the time used and contract pricing per vehicle.

B.3.3 ADDING NEW VEHICLES TO PARTICIPATING MEDICAL CENTER

In the event a VA Rehabilitation Center is opened in a state or U.S. Territory not already included in the policy, an amendment to the policy will be incorporated through a bilateral contract modification utilizing CLN 003 and or CLN 004.

Vehicle Addition or Deletion: Additional vehicles will be incorporated into the policy by a bilateral modification. In such cases the contractor will be notified within 24 hours. Vehicles will be removed by a bilateral modification. For any vehicle(s) used for less than one year the premium shall be prorated to the nearest month.

B.3.4 CUSTOMER CONTACT AND CLAIM SERVICES

The insurance provider shall operate a customer service claims service program to provide customer support through toll free telephone number, facsimile, mail and or electronic media 24 hours a day seven days a week. The insurance provider shall respond to VA inquires via telephone, facsimile, mail and electronic media within 24 hours.

Carrier must carry an A.M. Best Rating of B or higher. AM Best rating is a rating assigned to insurance companies that have the ability to meet their ongoing insurance obligations. AM Best ratings are based on the carrier’s historical ability to pay out claims, the amount of debt a carrier holds and the amount of other financial obligations. AM Best completes this analysis by looking at the balance sheet, operating performance, business profile and debt obligations of the insurance company. AM Best ratings have four different categories: financial strength, credit ratings, issue ratings and national scale ratings. Most online reviews feature a company’s financial strength ratings (FSR).

B.3.5 MINIMUM SERVICE REQUIREMENT:

At a minimum the contractor shall furnish a liability policy that covers the client if they are found to be responsible for a car crash. The insurance carrier shall be licensed in all 50 states, District of Columbia and United States Territory of Puerto Rico. The insurance carrier shall carry a A.M. Best Rating of B or higher.

A.M. Best Rating:

This rating is assigned to insurance companies that have the ability to meet their ongoing insurance obligations. AM Best ratings are based on the carrier’s historical ability to pay out claims, the amount of debt a carrier holds and the amount of other financial obligations. AM Best completes this analysis by looking at the balance sheet, operating performance, business profile and debt obligations of the insurance company. AM Best ratings have four different categories: financial strength, credit ratings, issue ratings and national scale ratings. Most online reviews feature a company’s financial strength ratings (FSR).

The following is the minimum service requirements that the contractor shall provide during the period of performance of this contract.

Task 1 - GOV and POV Coverage:

The contractor shall at a minimum provide the insurance policy coverage for the GOV’s and POV’s under this contract as Commercial Automobile Third-Party Insurance bodily injury (BI) and property damage (PD). The policy should offer coverage against claims of damages and losses incurred by a driver who is not the insured and is therefore not covered under the insurance policy. The policy coverage is for the Driver Rehabilitation Program GOV’s at all participating VA medical facilities in the program. The liability coverage shall cover BI and PD that is caused by the driver trainee (client) while operating all vehicles specially adapted in the program. The provided automobile insurance that will indemnify the insured if another driver causes damage to the insured's car.

Coverage type for the government-owned vehicles under this contract will be for commercial automobile third party liability of BI of $500,000 and PD of $500,000 each. For the combined BI and PD total of $1,000,000 per each accident.

At a minimum this policy will also cover any new or replacement driver training vehicles purchased or leased by any existing or new VA facility added to the program during the policy period without exceeding the $1,000,000 total coverage.

Coverage shall be from contract award to the end of period of performance, with the allowance of adding and removing vehicles from program as required.

The contractor shall provide the required insurance cards with the minimum required information printed on them:

1. Commercial Insurance Brokerage Identification

2. Name of Company Proving Insurance

3. Policy Number

4. Policy Effective and Expiration Date of Service

5. Vehicle Identification Number

6. Vehicle Make, Model, and Year

7. Insurance Coverage Amounts

8. Claims Contact Information

These insurance cards shall be provided electronically upon issuance of policy or modification of policy or as requested by CO or COR. Commercial Automobile Third-Party insurance cards must be received electronically within 5 days after receipt of modification.

Task 2 – Customer Service and Claims Processing:

The contractor at a minimum shall offer a customer contact and claims center. The customer service support should be through a toll-free number, facsimile, mail and or electronic media on a twenty-four (24) hour and seven (7) days a week basis.

B.3.6 DELIVERY INFORMATION

(a) Delivery schedule specified on task orders issued against resultant contract is the date material is due in, not the shipping date. Orders may be shipped early in order to ensure delivery prior to the due-in date. See below for delivery time frames. Delinquent deliveries may be considered a serious negative performance issue and could result in the requirement for contractual remedies (see FAR 52.212-4), as appropriate.

(b) Delivery is F.O.B. Destination. Delivery location will be specified on orders placed against the contract.

(c) Partial deliveries are not authorized; the complete order is due within the agreed contract task period. Any items not received within the agreed period will be considered delinquent.

(d) Deliveries to the VA department of Prosthetic and Rehabilitation can be made to the following: Kenya Weatherspoon Kenya.weatherspoon@va.gov

(e) Urgent Delivery. When the contract delivery schedule does not meet the urgent delivery requirements of the ordering activity, the Government reserves the right to request accelerated deliveries under this contract. The Contractor shall respond to the inquiry within 24 hours. If the Contractor agrees to an accelerated delivery schedule acceptable to the ordering activity, their annual CPARS evaluation will not be impacted as a result of the accelerated delivery. Failure to provide accelerated deliveries will affect annual performance evaluations. If the Contractor disagrees on an accelerated delivery schedule, it will affect annual performance evaluations.

B.3.7 PERFORMANCE MONITORING

One of the contractor’s specified performance monitoring in the resultant contract and subsequent modifications to the contract is the date services is due. Upon receipt of modification order from the CSAS, the Contractor shall fulfill the order and email a pdf of the Automobile Insurance Card electronically to the program office point of contact. Certain states require hard copy insurance cards with specific requirements. When required, the contractor shall deliver electronically hard copy insurance cards to the VA Medical Center as requested by the Office of Rehabilitation and Prosthetics.

Insurance card with logo may be delivered early to ensure delivery prior to the due-in date.

The contractor’s performance will be monitored from when contract for Commercial Automobile Third-Party Insurance award is made until the end of period of performance. Performance standards defined are the acknowledgement of modifications, invoicing on monthly basis and the receipt of policy insurance cards within five days of modification issuance. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

B.3.8 REMEDIES FOR NONPERFORMANCE

When performance is below standard for a given period of time, increase surveillance or contractor reporting.

When the contractor is not performing at the acceptable performance standards, set up remediation meetings with the CO and COR to determine why they are not meeting the performance standards established in the contract.

If remediation sessions do not correct performance deficiencies, the performance shall be reported accordingly in the contractor’s Contractor Performance Assessment Reporting Systems (CPARS) record.

36C79123Q0026

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SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

(i) Any such clause is unenforceable against the…