C03 36C26323P0222 Fully Executed.pdf

01-06-2023

36C26323P0222

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ACCOUNTING AND APPROPRIATION DATA

B.3 RATE TABLE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) . 188

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.7 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: P07 DOL WD 1986-0813 Rev 55_04-04-2022

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: J3 Enterprises

Jeff Jung

(213) 999-6530 jeff@j3enterpriseusa.com

b. GOVERNMENT: Contracting Officer 36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506

St. Paul MN 55101

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] monthly

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.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR $68,576.000000 $68,576.00

MAINTENANCE AND REPAIR OF FACILITY ELEVATORS AT VA

HEALTH CARE SYSTEM, ST. CLOUD, MN. VENDOR IS

REQUIRED TO PROVIDE FULL PREVENTATIVE

MAINTENANCE AND EMERGENCY CALL-BACK SERVICE ON

ALL ELEVATORS ON SITE IN ACCORDANCE WITH THE

STATEMENT OF WORK.

Contract Period: Base POP Begin: 01-09-2023 POP End: 01-08-2024 PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J039 - Maintenance, Repair, and Rebuilding of Equipment - Materials Handling Equipment

Funding/Req. Number: 1 $68,576.00 656-23-1-0236-0002

1.00 YR $79,592.000000 $79,592.00

HEALTH CARE SYSTEM, ST. CLOUD, MN. VENDOR IS

REQUIRED TO PROVIDE FULL PREVENTATIVE

MAINTENANCE AND EMERGENCY CALL-BACK SERVICE ON

ALL ELEVATORS ON SITE IN ACCORDANCE WITH THE

STATEMENT OF WORK.

Contract Period: Option 1 POP Begin: 01-09-2024 POP End: 01-08-2025 PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors

1.00 YR $82,400.000000 $82,400.00

HEALTH CARE SYSTEM, ST. CLOUD, MN. VENDOR IS

REQUIRED TO PROVIDE FULL PREVENTATIVE

MAINTENANCE AND EMERGENCY CALL-BACK SERVICE ON

ALL ELEVATORS ON SITE IN ACCORDANCE WITH THE

STATEMENT OF WORK.

Contract Period: Option 2 POP Begin: 01-09-2025 POP End: 01-08-2026 PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors

1.00 YR $84,584.000000 $84,584.00

MAINTENANCE AND REPAIR OF FACILITY ELEVATORS AT VA

HEALTH CARE SYSTEM, ST. CLOUD, MN. VENDOR IS

REQUIRED TO PROVIDE FULL PREVENTATIVE

MAINTENANCE AND EMERGENCY CALL-BACK SERVICE ON

ALL ELEVATORS ON SITE IN ACCORDANCE WITH THE

STATEMENT OF WORK.

Contract Period: Option 3 POP Begin: 01-09-2026 POP End: 01-08-2027 PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors

1.00 YR $87,080.000000 $87,080.00

HEALTH CARE SYSTEM, ST. CLOUD, MN. VENDOR IS

REQUIRED TO PROVIDE FULL PREVENTATIVE

MAINTENANCE AND EMERGENCY CALL-BACK SERVICE ON

ALL ELEVATORS ON SITE IN ACCORDANCE WITH THE

STATEMENT OF WORK.

Contract Period: Option 4 POP Begin: 01-09-2027 POP End: 01-08-2028 PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors

GRAND TOTAL $402,232.00

ACCOUNTING AND APPROPRIATION DATA

ACRN APPROPRIATION

REQUISITION

NUMBER AMOUNT

1 656-3630162-0236-855100 Operating Equipment M\T\R-2543 Recurring Maintenance and- 010050192

656-23-1-0236-0002 (P)

$68,576.00

B.3 RATE TABLE

CLIN 0001 BASE YEAR: 12/28/2022 - 12/27/2023

Item# Description Qty Price Extended

Amount 1 Monthly Preventative Maintenance/Inspection 176 $184.00 $32,384.00 2 Quarterly Preventative Maintenance/Inspection 66 $184.00 $12,144.00

Annual Preventative Maintenance/Inspection Repairs, parts, and emergency services.

Subject to a not-to-exceed (NTE) ceiling price of $20,000.00 without prior approval/modification from the Contracting Office.

$184.00 $20,000.00

$4,048.00 $20,000.00

SUB-TOTAL $68,576.00

CLIN 1001 OPTION YEAR 1: 12/28/2023 - 12/27/2024

Amount 1 Monthly Preventative Maintenance/Inspection 208 $191.00 $39,728.00 2 Quarterly Preventative Maintenance/Inspection 78 $191.00 $14,898.00

Annual Preventative Maintenance/Inspection Repairs, parts, and emergency services.

Subject to a not-to-exceed (NTE) ceiling price of $20,000.00 without prior approval/modification from the Contracting Office.

$191.00 $20,000.00

$4.966.00

SUB-TOTAL $79,592.00

CLIN 2001 OPTION YEAR 2: 12/28/2024 - 12/27/2025

Amount 1 Monthly Preventative Maintenance/Inspection 208 $200.00 $41,600.00 2 Quarterly Preventative Maintenance/Inspection 78 $200.00 $15,600.00

Annual Preventative Maintenance/Inspection Repairs, parts, and emergency services.

Subject to a not-to-exceed (NTE) ceiling price of $20,000.00 without prior approval/modification from the Contracting Office.

$200.00 $20,000.00

$5,200.00

SUB-TOTAL $82,400.00

CLIN 3001 OPTION YEAR 3: 12/28/2025 - 12/27/2026

Amount 1 Monthly Preventative Maintenance/Inspection 208 $207.00 $43,056.00 2 Quarterly Preventative Maintenance/Inspection 78 $207.00 $16,146.00

Annual Preventative Maintenance/Inspection Repairs, parts, and emergency services.

Subject to a not-to-exceed (NTE) ceiling price of $20,000.00 without prior approval/modification from the Contracting Office.

$207.00 $20,000.00

$5,382.00

SUB-TOTAL $74,584.00

CLIN 4001 OPTION YEAR 4: 12/28/2026 - 12/27/2027

Item# Description Qty Price Extended Amount

1 Monthly Preventative Maintenance/Inspection 208 $215.00 $44,720.00 2 Quarterly Preventative Maintenance/Inspection 78 $215.00 $16,770.00

Annual Preventative Maintenance/Inspection Repairs, parts, and emergency services.

Subject to a not-to-exceed (NTE) ceiling price of $20,000.00 without prior approval/modification from the Contracting Office.

$215.00 $20,000.00

$5,590.00

SUB-TOTAL $87,080.00

EXTENDED TOTAL $402,232.00

B.2 STATEMENT OF WORK

Statement of Work VA Medical Center (VAMC) has a requirement for performance of preventative maintenance with 24-hour emergency maintenance support for 24 “hydraulic” and 2 “traction” type elevators (see Appendix A) located throughout the VAMC campus.

The successful contractor shall provide all tools, equipment, labor, and materials to perform the required services.

All equipment and materials shall conform to the American National Standard Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI A17.1-1978 or the latest adopted edition of same, and the American Standard Practice for the Inspection of Elevators, Inspectors Manual, A1 1.2-1979 or the latest adopted edition of same.

Personnel performing the required services shall be certified by the International Union of Elevator Constructors. Documentation of current certification(s) shall be provided upon request.

Semi-annual 3rd party elevator inspections, Cat 1 and 5 testing (no-load and full load) are performed under separate contract. The awarded contractor for this contract may be required to perform corrections or remedies arising from said inspections/testing.

MAINTENANCE:

The following preventative maintenance actions shall be conducted:

A. TRACTION TYPE ELEVATORS (Qty 2)

a. Monthly Preventative Maintenance

i. Check and adjust car door operation. Lubricate hangers, rollers, gibs, linkages, and pivot points. Check and adjust door clearances, eccentrics, arm bearings, speed control switches, cables, clutches, chains, and belts.

Tighten door drive system points

ii. Check selector. Clean, adjust, and lubricate components as required

iii. Check the car telephone and alarm operation. Repair systems if required

iv. Check the operation of the limit and safety switches in hoist way and car

v. Check the car emergency light

vi. Check the car ventilation system and heater

vii. Initiate the Phase I firefighter recall service and check for proper operation to a minimum of two floors under Phase II service

b. Quarterly Preventative Maintenance

i. OEM Recommended Quarterly Maintenance Procedures

ii. Check for the door speed control switches

iii. Inspect the condition of resistors and mounting assemblies

iv. Check car top and hoist way for loose covers, vanes, or components

v. Inspect the traveling cables for damage

vi. Inspect the brake linings

vii. Inspect all ropes for wear and lubrication (do not lubricate the governor rope) - replace or lubricate the ropes if required. Clean the governor and hoist ropes. Inspect the rope hitches, fastenings, and shackles - equalize ropes if warranted

viii. Inspect all parts of the safeties and adjust clearance between the safety jaws and guide rails. Clean all parts and lubricate the pivot points

c. Annual Preventative Maintenance

i. OEM recommended annual maintenance procedures

ii. Conduct Category 1 tests (and Category 5 tests, if due)

iii. Remove, clean, and lubricate the brake cores

iv. Inspect the brake linings for wear – clean or replace if necessary

v. Clean the guide rails with solvent to remove dirt, debris, or excess lubricant as needed

vi. Drain, flush, and refill the gearing lubricant

vii. Test the car emergency light for required illumination

viii. Lubricate the sheave bearings and check for leaky seals

ix. Clean the hoist way

x. Clean, dust or vacuum controllers and relays as necessary

B. HYDRAULIC TYPE ELEVATORS (Qty 20, 2022-2023 – Qty 24, 2023 - 2027)

a. Monthly Preventative Maintenance

i. OEM recommended monthly maintenance procedures

ii. Check and adjust car door operation. Lubricate hangers, rollers, gibs, linkages, and pivot points. Check and adjust door clearances, eccentrics, arm bearings, speed control switches, cables, clutches, chains, and belts.

Tighten door drive system points

iii. Check the car telephone and alarm operation. Repair systems if required

iv. Check the operation of the limit and safety switches in hoist way, in, and on the car top

v. Observe for proper operation of motor and pump, oil lines, tank, controls, plunger, packing, etc. Check the oil tank level. Check the packing of the valves and cylinder for leakage and tighten if necessary

vi. Check the car emergency light and ventilation system

vii. Initiate the Phase I firefighter recall service and check for proper operation to a minimum of two floors under Phase II service. Test all fire service controls

viii. If equipped, check battery lowering device, by disconnecting upstream electrical disconnect, with elevator at upper floor. Elevator should lower itself, to the bottom floor, open door, close and then shut down

ix. Complete monthly SPCC Inspection record for Hydraulic Elevators. In section form is in Facilities Management drive/Forms/SPCC Monthly Forms/Hydraulic Elevators/PM EL1

b. Quarterly Preventative Maintenance

i. OEM recommended quarterly maintenance procedures

ii. Check and clean the door switch contacts

iii. Check the door speed control switches

iv. Check car top and hoist way for loose covers, vanes, or other components

v. Clean car top

vi. Inspect the traveling cables for damage

vii. Inspect brake for wear

viii. If any deficiencies are found, note, and notify Maintenance Supervisor

c. Annual Preventative Maintenance

i. OEM recommended annual maintenance procedures

ii. Conduct Category 1, 3, and 5 testing at or within scheduled times and with 3rd party inspector. Inspect the condition of the flexible hoses and replace as needed.

iii. Contractor is responsible to pull a sample of the hydraulic fluid to test for viscosity, color, contamination, foaming, and other pertinent properties specified by the equipment manufacturer. Drain and replace the fluid if the tests show it does not meet the requirements of the equipment manufacturer.

iv. Check guide rails, clean with solvent, and apply proper lubricant as needed

v. Test the car emergency light for required illumination

vi. Clean the hoist-way

vii. Clean equipment room cabinet controllers and relays

viii. Exercise oil coolers and change oil filters if equipped

Maintenance Support:

Vendor shall maintain 24-hour 7 day a week availability for emergency repairs, responding within four (4) hours after notification by VAMC St. Cloud.

Repairs, parts, and emergency services. This line item is not defined or awarded for a specific repair, part or service and is subject to a not-to-exceed (NTE) ceiling price of $20,000.00 without prior approval/modification from the Contracting Office.

The Contractor shall provide all replacement parts needed to keep the elevators in operating condition as originally designed by the manufacturer.

Parts may be repaired or replaced, as the contractor deems appropriate. NO GRAY MARKET or used parts will be used to repair the equipment.

Contractor shall furnish the VA Technical Representative with a written itemized estimate and justification of the cost to make necessary repairs.

Contractor shall also provide a comparison quote for what that item would have cost for commercial pricing, so the Government has a basis for determining the price fair and reasonable or as an alternative, provide a quote used for another federal agency for similar item.

This is an estimated quantity and does not reflect the actual quantity that will be required.

Deliverables:

1. Written service receipt after each service visit which contains, at a minimum, the type of service, date of service, hours on-site, technician’s name, and elevator(s) serviced and provide a copy to be signed by the named COR/POC for this contract.

2. Quarterly summary of service conducted during that period to be reviewed with the COR/POC for the contract

3. Chronological file including drawings, complete parts list and copies of all PM reports as required by those specifications

4. Written plan of action to resolve any recurring problems to the VAMC COR/POC.

5. Provide an annual hydraulic fluid analysis report for each elevator.

Working Hours:

A. Services shall be performed during normal business hours Monday through Friday 8:00 am to 4:30 pm, excluding Federal Holidays, unless otherwise coordinated with VA POC.

B. Maintenance requiring elevator operational "shut-down" shall be authorized by and scheduled with the named COR/POC for this contract.

Security/Badging Requirements:

All personnel working on VAMC campus must be issued a security badge. Upon award, the successful contractor shall coordinate with the COR/POC to issue the appropriate security badging for any contractor personnel that will be performing work on VAMC campus. Personnel must be appropriately badged PRIOR to performing any work on campus.

Safety Requirements:

Service personnel use OSHA required PPE for the tasks provided to VA. Per VA requirements, St. Cloud VA provided jack stands shall be used for elevator pit entries to mitigate Permit Required Confined Space requirements (PRCS) and adhere to lock-out requirements. VA provided PRCS documentation shall be signed and posted.

Appendix A

Elevator Listing and Locations

A. Building 1 Elevator #1-P1 – Motion Control, SN 17233, 4-stop, Hydraulic Elevator #1-P2 – Motion Control, SN 17232, 3-stop, Hydraulic Elevator #1-P3 – Vertitron Midwest Inc., SN 111597, 3-stop, Hydraulic

B. Building 2 Elevator #2-P1 – Elevator Controls, SN 5441, 3-stop, Hydraulic

C. Building 3 Elevator #3-P1 – Vertitron Midwest Inc., SN 112119, 2-stop, Hydraulic

D. Building 4 Elevator #4-P1 – Type, 3-stop, Hydraulic

Elevator #4-P2 – Type, 2-stop, Traction

E. Building 8 Elevator #1-P1 – Motion Control, SN 12059, 4-stop, Hydraulic

F. Building 9 Elevator #9-P1 – ESCO, SN C8910385, 3-stop, Hydraulic

G. Building 28 Elevator #28-P1 – Motion Control, SN 3274695, 3-stop, Hydraulic Elevator #28-P2 – Motion Control, SN 3226248, 3-stop, Hydraulic

H. Building 29 Elevator #29-P1 – Smart Rise, SN 111107-001, 3-stop, Hydraulic

Elevator #29-P2 – Smart Rise, SN 111107-001, 3-stop, Hydraulic

I. Building 48 Elevator #48-P1 – Motion Control, SN 3311237, 3-stop, Hydraulic Elevator #48-P2 – Motion Control, SN 3311239, 3-stop, Hydraulic

J. Building 49 Elevator #49-P1 – Vertitron Midwest Inc, SN 176502-1, 3-stop, Hydraulic

Elevator #49-P2 – Vertitron Midwest Inc, SN 176483-1, 3-stop, Hydraulic

K. Building 50 Elevator #50-P1 – Vertitron Midwest Inc, SN 176502-2, 3-stop, Hydraulic Elevator #50-P2 – Vertitron Midwest Inc, SN 176483-2, 3-stop, Hydraulic

L. Building 51 Elevator #51-P1 – Motion Control, PN 3271120, 3-stop, Traction

Elevator #51-P2 – Motion Control, PN 8986, 4-stop, Hydraulic

M. Building 59 Elevator #1-P1 – Schumacher, SN4, 2-stop, Hydraulic

*NOTE* The following elevators will come online in the second year of the contract (Option Year 1). Vendors shall include these units in their pricing from the start of Option Year 1 through to termination of the contract at the end of Option Year 4.

N. Building 111 Elevator #111-P1 – T&C, 3-stop, Twin Jack Hydraulic

O. Building 118 Elevator #118-P1 – T&C, 2-stop, Hydraulic

P. Parking Garage PS-1 – Type ?, 2-stop, Hydraulic

PS-2 – Type ?, 2-stop, Hydraulic

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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. 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

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

(End of Clause)

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

2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 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)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

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

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

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

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

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

115–91).

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

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

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

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

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

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509).

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

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

[] (5) [Reserved]

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

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

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved]

[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved]

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

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

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

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

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[X] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020)

(DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

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

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION AUG 2020) (31 U.S.C. 3903 and 10 U.S.C 2307).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

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

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of…