Combined Solicitation 36C25623Q1764.pdf

SECTION A – COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

Solicitation Number: 36C25623Q1764

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Requirement is for brand name or Equal products and will be evaluated using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government.

2. The combined synopsis/solicitation number is 36C25623Q1764. It is issued as a Request for Quote. The Government anticipates awarding one firm-fixed price purchase order resulting from this solicitation.

3. This solicitation document incorporates provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 (eff. 06/02/2023) and VAAR Update 2008-36 (eff.

01/01/2023).

4. This requirement is solicited as a Service-Disabled Veteran Owned Small Business Set- Aside. The North American Industry Classification System number is 333310 with a size standard in number of 1,000 employees.

5. Place of Performance: Overton Brooks VA Medical Center Shreveport Campus, 510 East Stoner Ave, Shreveport, LA 71101

6. Delivery Schedule/Installation: All equipment shall be delivered by and installation completed by 120 days from the date of award.

7. All questions regarding this solicitation shall be submitted via email to Albert Kelly (Contract Specialist) at albert.kelly@va.gov no later than 10:00 A.M. Central Standard Time on 08/30/2023.

8. Quotes are due no later than 09/01/2023 at 10:00A.M. Central Standard Time and shall be submitted electronically via e-mail to Albert Kelly at albert.kelly@va.gov

The following provisions apply to this acquisition:

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 ADDENDUM, EVALUATION – COMMERCIAL ITEMS (JAN 1999) apply to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 shows FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under 52.252-2 (see below), starting first with FAR and followed by VAAR.

36C25623Q1764

Table of Contents

SECTION A

A.1 COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

SECTION B - COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK (SOW)

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

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

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 25

C.7 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.8 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.9 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.10 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF COMBINED

SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Delivery and Government Acceptance

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

Full-Size Combi-Oven Brand Name or Equal to Alto-Shaam Model

No. CTP7-20G with stand PRINCIPAL NAICS CODE: 333310 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

1.00 EA ________________ __________________

The contractor shall install a Full-Size Combi-Oven Brand Name or

Equal to Alto-Shaam Model No. CTP7-20G in accordance with the Statement of Work PRINCIPAL NAICS CODE: 333310 - Food Product Machinery Manufacturing

1.00 EA

Installation Kit for Full-Size Combi-Oven Brand Name or Equal to Alto-Shaam Model No. CTP7-20G PRINCIPAL NAICS CODE: 333310 - Food Product Machinery Manufacturing

1.00 EA ____________ __________________

The contractor shall install a connection to the Government owned

Angelo Po water filtration system PRINCIPAL NAICS CODE: 333310 - Food Product Machinery Manufacturing

1.00 JB ________________ __________________

The contractor shall disconnect, remove and transport the current oven to the back dock of the dining facility located at Overton Brooks VA Medical Center 510 E. Stoner Avenue (Building 1 BN 10), Shreveport, LA 71101 PRINCIPAL NAICS CODE: 333310 - Food Product Machinery Manufacturing

1.00 JB __________________ __________________

The contractor shall provide training in accordance with the

Statement of Work PRINCIPAL NAICS CODE: 333310 - Food Product Machinery Manufacturing

1.00 EA _ __________________ __________________

The contractor shall ship the Full-Size Combi-Oven Brand Name or

Equal to Alto-Shaam Model No. CTP7-20G to: Overton Brooks VA Medical Center 510 E. Stoner Avenue Building 1 (Dining Facility) Shreveport, LA 71101 PRINCIPAL NAICS CODE: 333310 - Food Product Machinery Manufacturing

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Overton Brooks VA Medical Center 510 E. Stoner Avenue Building 1 (Dining Facility) Shreveport, LA 71101

US

0.00 120 Days ARO

MARK

FOR:

Laura Ivy 318-990-5160 laura.ivy@va.gov

0002 SHIP TO: Overton Brooks VA Medical Center 510 E. Stoner Avenue Building 1 (Dining Facility)

MARK

FOR:

Laura Ivy

0003 SHIP TO: Overton Brooks VA Medical Center

Building 1 (Dining Facility)

FOR:

Laura Ivy

0004 SHIP TO: Overton Brooks VA Medical Center

Building 1 (Dining Facility)

FOR:

Laura Ivy

0005 SHIP TO: Overton Brooks VA Medical Center

Building 1 (Dining Facility)

FOR:

Laura Ivy

0006 SHIP TO: Overton Brooks VA Medical Center

Building 1 (Dining Facility)

FOR:

Laura Ivy

0007 SHIP TO: Overton Brooks VA Medical Center

Building 1 (Dining Facility)

FOR:

Laura Ivy

STATEMENT OF WORK (SOW)

Full-Size Combi-Oven Brand Name or Equal to Alto-Shaam Model No. CTP7-20G

B.4 STATEMENT OF WORK (SOW)

1. Contract Title: Full-Size Combi-Oven Brand Name or Equal to Alto-Shaam Model No. CTP7- 20G

2. Background: A new Combi-Oven is needed to replace the current equipment. The current oven is an Alto-Shaam model 7.14ESG. The equipment is broken and beyond the abilities of our engineering service.

3. Scope: The contractor shall provide all management, tools, supplies, equipment, travel and labor necessary to install a government purchased Full-Size Combi-Oven Brand Name or Equal to Alto-Shaam Model No. CTP7-20G, at the Overton Brooks Shreveport, LA VA Medical Center. Installation of the electrical, water fill (Angelo Po) and drain, all components, and supplies of the Oven shall be setup and tested in accordance with the procedures recommended by the respective Original Equipment Manufacturer (OEM). For installation purposes, all utilities are within five feet from intended installation site. Upon completion of the system installation and successful testing, Administrative Dietitian, Supervisory Dietitian and Engineering Staff Training shall be conducted to the satisfaction of the COR representative.

Salient Characteristics (Shall include but is not limited to the following brand name or equal to Alto-Shaam Model No. CTP7-20G:

• Countertop model- adjustable legs

• Gas operational (Natural Gas)

• 8 full-size rack capacity (18X26 size sheet pans)

• Four cooking modes to including dead air, convection, steam and/or combinations of heating/cooking modes. Includes retherm modes and programable cool down modes.

o Steam temperature range – 85-250 degrees F o Convection temperature range – 85-575 degrees F o Combination temperature range – 85-575 degrees F o Retherm temperature range – 245-320 degrees F

• Multiple cleaning levels

• No greater than 120v/7 amps single phase electrical capacity

• Cool touch3 triple pane window

• 130-degree swing door

• Integrated LED door lighting

• Self-draining door drip tray

• Positive catch door handle with visual alerts

• Cook time display hours:minutes:seconds

• Removable core temperature probe

• 3 power levels

• 5 speed auto-reversing fans

• USB port for recipes, access HACCP data and update software

• Sleep mode

• Multi-shelf timers

• 65,000=98,000 BTU

• Interior lighting – auto-feature to include door activation – LED lighting preferred

• All stainless-steel construction -resist dents/scratches

• Bright annealed interior all stainless-steel cavity

• 5 level CombiClean PLUS

• PROpower heat burst

• SafeVent automatic steam venting

• Delta-T allows low cooking temperature

• PROrinse hand shower

• Absolute Humidity Control allows humidity between 0 and 100 percent

4. Specific Tasks.

4.1.1. System Performance Check & Quality Certification: The contractor shall ensure that all equipment listed in section 4.3 is installed to the OEM’s specifications and recommendations by performing system performance check & quality certification upon project completion. The contractor shall ensure all equipment listed operates safely, are clean, free of defects, and free of corrosion. Copies of all service reports must be provided to the Engineering Department.

4.1.2. Schedule: A minimum of one week prior to scheduling a visit to the medical center, the contractor shall call the COR, Laura Ivy, at 318-990-5160 or Engineering Department at 318-990-6384 to verify availability of staff to supervise the installation.

4.1.3. Signs, Barriers, and Labels: If a hazardous condition might exist during the installation the contractor shall place signs and if necessary, barriers to warn of a potential hazardous condition or equipment.

4.1.4. Property Control/Disposal: The contractor shall remove the current oven from its current location (on the table in the kitchen) and place it in a designated location specified by the COR (on a pallet next to the dumpster) The VA will handle the disposal of the old oven.

4.1.5. Equipment Repair Service: The contractor shall install the equipment to operational condition within 5 working days of initial installation. After notification of installation requirement, unless otherwise approved by the Government Contracting Officer. The contractor shall notify the Engineering Supervisor or COR when any replacement part must be ordered, installation delays are expected and availability of loaner equipment. The contractor must sufficiently notify users of the expected delay.

4.1.6. Parts: All replacement parts during the installation must be OEM parts, no reconditioned or remanufactured parts are acceptable unless they meet or exceed OEM’s specifications for reconditioning and are provided by the OEM in OEM packaging. The contractor shall not exceed established installation cost limits without prior approval by the contracting officer. Contractor is responsible for the return of any exchange or repair parts that need to be returned to the manufacture.

4.1.7. Telephone Assistance: The contractor shall provide telephone assistance 24 hours per day for the equipment covered under this purchase. Telephone assistance shall be a toll free to the Government. The Engineering Department or COR shall be able to call and receive assistance in correcting problems with equipment operation.

4.1.8. Updates: The contractor is responsible for providing and installing manufacture designed and issued field modifications, safety corrections and revisions for correcting software and equipment deficiencies. The contractor will verify that all devices listed in section 4.3 have the most current firmware, hardware and software updates available by OEM throughout the life of the product.

4.1.9. Training: The contractor shall provide training documents for each technician who will in-service the equipment listed in section 4.3.5. Certificates must indicate the trainers are approved/trained by the OEM to service and maintain the installed system. The educational training must be completed within 15 days of the completed installation.

4.2 General Information.

4.2.1. Quality Control: Contractor shall develop and maintain a quality program to ensure services are performed in accordance with commonly accepted commercial practices for equipment installation and setup. The contractor shall develop and implement procedures to identify and prevent defective services from recurring. As a minimum, the contractor shall develop quality control procedures that address the items identified in section 4.3.

4.2.2. Government Remedies: The contracting officer shall follow the requirements of FAR 52.212-4, Contract Terms and Conditions for Commercial Items (September 2005), for contractors’ failure to correct nonconforming services.

4.2.3. Hours of Operation: The VA Medical Centers normal hours of operation are from 7:30 a.m. to 4:30 p.m., Monday through Friday, workweek excluding Federal Government Holidays. Overtime, weekend, and holiday service, if requested by, will be billable to the customer at 1.5 (1 ½) times the normal rates. The Engineering Supervisor or COR must approve any billable charges (OT, parts, etc.)

failure to receive approval could result in non-payment for billable services provided. The Federal Government Holidays are New Year’s Day, Martin Luther King’s Jr’s Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. In the event one of the holidays fall on a weekend then the adjoining workday is then considered a Federal Government Holiday.

4.2.4. Special Qualifications: All Contractor and Sub-Contractor Service Technicians shall be trained and certified on all equipment identified in section 4.3.5. Training shall be on the same manufacture and model of the equipment identified in section 4.3.5. The contractor shall provide current completion of training certificate indicating the date training took place, training provider, date certificate was signed, and signature of certifying official for each Service Technician who will be assigned to work on the equipment under this contract.

4.3.5 Installed Equipment: Equipment installation shall be rendered according to the OEM’s recommendations. Brand Name or equal items are requested as follows:

MAKE QUANTITY MANUFACTURER MODEL BLDG LOCATION

Full-Size Combi-Oven

Brand Name or Equal to Alto-Shaam Model No.

CTP7-20G

1 As Awarded As Awarded Bldg 1 Rm BN 10

5. Security Requirements.

When the Contractor’s Service Representative(s) arrive at the VA Medical Center, they will go to the Engineering Department located in building 4, Room 10 to sign in. They will be taken to Security Department to receive VA issued photo identification. Upon completion of work, they will return to the Engineering Department to sign out, and have the Service Record signed, leave a copy of the Service Record for the customers’ records, and return VA issued identification. While providing the contracted service the contractor’s representative will coordinate all actives with the COTR or his designee. Cellular telephones can be used at this Medical Center except in ICU, Recovery, Surgery, and the Emergency Room.

6. Other Pertinent Information or Special Considerations.

a. Packaging, Packing and Shipping Instructions.

Any parts or materials for the installation can be shipped directly to the VA campus providing that the COR is aware of pending shipments. Once this has been accomplished the COR will provide the contractor with the necessary instructions regarding shipping of parts and materials. Storage of spare materials, parts and supplies must be cleared with the COR and engineering staff due to limited storage areas. Overton Brooks VAMC recycles cardboard. It is the duty of the installer to remove all packaging of the equipment prior to installation. All cardboard must the removed from BN10 and located in an area for recycled card board per the direction of the Supervisory Dietitian.

b. Inspection and Acceptance Criteria.

The COR is responsible for the certifying that the work done under the contract is performed to time and standard. This is accomplished by contractor checking in with the COR/Engineering staff prior to the start of any work, providing documentation of work completed to OEM specifications and checking out with the COR/Engineering staff at job completion.

7. Place of Performance.

All services are to be completed in building 1 at the Overton Brooks VA Medical Center Shreveport campus located at 510 East Stoner Ave, Shreveport, LA 71101. The contractor will be responsible for any travel or shipping expenses Incurred during the active contract period. In the event a device listed in section 4.3 INSTALLED EQUIPMENT needs to be returned to the manufacture for repair the COR must be notified prior to removal from campus.

8. Risk Control.

Contractor is responsible for following all safety policies and procedures while on the Shreveport, LA VA campus. This is to include but not limited to safety, patient issues, infection control and patient privacy.

9. Delivery Schedule.

SOW

Task

Deliverable Title Format Number

Calendar Days After

Start

1 Removal of Oven According to manufacturer Removal and Service guidelines

1 Job

2 Installation of Oven

According to manufacturer

1 Job

Installation and Service guidelines

3 Setup and Testing of Installed Oven

According to manufacturer Installation and Service guidelines

1 Job

Operation and In- Service training to NFS Supervisory Staff and Engineering Staff

To OEM standards As Required 3

(End of Statement of Work)

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 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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

C.4 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) . The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/;

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective https://www.vetbiz.va.gov/vip/ contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases).

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed

SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

C.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIPlisted SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–

74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13

CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] b If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38…