Combined Synopsis Solicitation.pdf

36C25522Q0129

SUBJECT* IV Room Terminal Cleaning - KC VAMC

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP

CODE*

66048

SOLICITATION NUMBER* 36C25523Q0251

RESPONSE DATE/TIME/ZONE 04-10-2023 11:00 A.M. CENTRAL TIME,

CHICAGO, USA

PRODUCT SERVICE CODE* Q901

NAICS CODE*

SMALL BUISINESS STATUS06300

561720 100% SDVOSB Set-Aside

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

POINT OF CONTACT*

Teresa Cabanting teresa.cabanting@va.gov

PLACE OF PERFORMANCE

ADDRESS Topeka VA Medical Center Topeka, KS

POSTAL CODE 66622

COUNTRY USA

ADDRESS

Leavenworth VA Medical Center

Leavenworth, KS

POSTAL CODE 66048

COUNTRY USA

mailto:teresa.cabanting@va.gov

CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Name:

Address:

City, State, Zip:

Phone: Office E-mail:

UEI#:

b. GOVERNMENT: Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S. 4th Street Trafficway Leavenworth KS 66048

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

[X] 52.232-34, Payment by Electronic Funds Transfer -Other than System for

Award Management

2. INVOICES: Invoices shall be submitted in arrears:

[X] UPON ACCEPTANCE OF ITEMS

3. GOVERNMENT INVOICE ADDRESS: All Invoices from the Contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic

Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin, TX

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

AMENDMENT NO DATE

http://www.fsc.va.gov/einvoice.asp

Description

This is a Combined Synopsis/Solicitation # 36C25523Q0251 for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a formal written solicitation document will not be issued.

This solicitation is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Federal Register: Federal Acquisition Regulation; Federal Acquisition Circular 2022-06.

This solicitation is for a 100% SDVOSB Set-Aside

The associated North American Industrial Classification System (NAICS) code for this procurement is 561720, with a small business size standard of $19.5M, and the The FSC/PSC is Q901.

Veterans Affairs is seeking services for the IV Compounding Areas at the Topeka and Leavenworth VA Medical Centers to meet and/or exceed USP 797 required standards to clean the IV Compounding room Wall(s), Door(s) and Door Frames(s), Ceiling(s), Storage shelving and Bins, and Equipment outside of the Primary Engineering Control (PEC); which must be cleaned monthly. Cleaning must be done by highly trained personnel to prevent contamination of room surfaces and potential contamination of compounded intravenous products.

All interested companies shall provide quotations for the following:

***All offerors are requested to read through this entire document. Filling out the Schedule of Supplies alone is not going to be considered a complete offer. There are Instructions to Offerors in this RFQ.

https://www.federalregister.gov/documents/2022/04/26/2022-08720/federal-acquisition-regulation-federal-acquisition-circular-2022-06-introduction#:~:text=Federal%20Acquisition%20Circular%20%28FAC%29%202022-06%20is%20issued%20under,the%20Administrator%20of%20National%20Aeronautics%20and%20Space%20Administration.

A. SCHEDULE COST/PRICE:

MATERIALS/SERVICES (Excluding Information

Technology (IT)

TOTAL COST

CLIN Topeka IV Room Cleaning Cost per month Month x 12 months

0001 Base Period $ $

1001 Option Period 1 $ $

2001 Option Period 2 $ $

3001 Option Period 3 $ $

4001 Option Period 4 $ $

CLIN Leavenworth IV Room Cleaning

0002 Base Period $ $

1002 Option Period 1 $ $

2002 Option Period 2 $ $

3002 Option Period 3 $ $

4002 Option Period 4 $ $

TOTAL COST for Base + 4 Option Periods

B. STATEMENT OF WORK

Background- The purpose of this requirement is to obtain monthly cleaning services for our IV Compounding Clean Rooms, in both Topeka and Leavenworth Veterans Affairs Medical Centers (VAMC), per requirements set forth in USP 797 standards. Cleaning shall be done by highly trained personnel to prevent contamination of room surfaces and potential contamination of compounded intravenous products.

Scope of Work- The Contractor shall provide the services for the IV Compounding Areas as described in the ‘Task’ paragraph below to at minimum meet and/or exceed USP 797 required standards. They also will deliver and provide all necessary labor, management, skills, materials, etc. required to clean the IV compounding areas as described above.

Task- Both IV Compounding rooms and Segregated Compounding Areas (SCA) in Topeka and Leavenworth must be thoroughly cleaned monthly to meet USP 797 standards. This includes cleaning, disinfecting, and applying a sporicidal agent in the IV Classified Compounding Areas and within the perimeter of the Segregated Compounding Area. The following areas/items in each IV room and SCA must be cleaned, disinfected, and have sporicidal agent applied: Ceiling, Walls, Floors, Primary Engineering Control (PEC) (exterior only), Countertops, Doors, Carts, Chairs, Storage Shelving, Refrigerators (exterior), Sharps Container(s) (exterior), Sink, Waste Receptacles, Pass-Throughs, Phone/Electronic Equipment/Monitors/etc., and Chemicals and Sanitizers used in the cleaning process.

Information Security- The Contractor must comply with VA information security and privacy requirements throughout the entire operation and be in compliance with VA Security Handbook 6500. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. The Contractor will adhere to all HIPAA rules and regulations.

• The Contractor(s) shall insure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality according to federal regulations contained in HIPPA. Any person who knowingly or willingly discloses confidential information from any VA Medical Center may be subject to fines of up to $50,000 and may be subjected to civil litigation from the patient(s).

Requirements

Monthly terminal cleaning of IV compounding areas involves cleaning of the entirety of the space and application of a sporicidal disinfectant agent. Terminal cleaning must meet or exceed all requirements in USP 797 Standards (updated standards published November 1st, 2022).

• Shall meet all USP 797 Cleaning Standards.

• Negative Sample Testing of Area after each Monthly Cleaning.

The following detailed steps are required (note that daily cleaning should be completed before monthly cleaning is started):

• Hand Hygiene and Donning of PPE o Present to ante room in clean appropriate attire and manner with outerwear removed.

o Wear no cosmetics, artificial nails, or jewelry.

o Don head cover.

o on facial mask.

o Don facial hair cover, if necessary.

o Don safety goggles when performing cleaning or when working with irritants or HD that could allow for eye exposure.

o Don shoe covers (One shoe cover at a time while standing at line of demarcation. Place foot with shoe cover on clean side of anteroom. HD preparation requires 2nd set of shoe covers.)

o Wash hands up to the elbows with soap and warm water for at least 30 seconds after removing debris from under fingernails using a nail cleaner under running water.

o Dry hands and forearms with lint-free towel.

o Don non-shedding gown (must be at least knee length, fit snug around neck, sleeves must fit snug around wrist, and be closed, zipped or snapped closed in front). For HD room Cleaning, Cleaning staff will also don chemo gown) o Perform hand hygiene with waterless alcohol-based hand scrub and allow to dry before donning non-sterile or sterile gloves. For HD room cleaning a second pair of chemo gloves must be donned o Enter Buffer Room

• Positive Pressure Buffer Room monthly cleaning steps o Ceilings

▪ Wipe with non-shedding microfiber mop cover saturated with EPA registered sporicidal agent Decon Spore 200 Plus or equivalent product,

▪ Starting at far side of room and working towards exit using overlapping strokes (including lights and fixtures).

▪ Allow 2 minute dwell time and remove any residue from surface using sterile water saturated microfiber mop cover o Walls and Windows

▪ Wipe with non-shedding microfiber mop cover or wiper saturated with Decon Spore 200 Plus or equivalent product.

▪ Starting at cleanest side of room wipe left to right from top to bottom and working toward exit.

▪ Cleaning must be done behind all equipment and shelving.

▪ Allow 2 minute dwell time and remove any residue from surface using sterile water saturated microfiber mop cover or non-shedding wiper.

o Equipment (Hoods, shelving, carts, bins, furniture, wheels, trash cans)

▪ Wipe all outside surfaces of hoods with non-shedding wiper saturated with Decon Spore 200 Plus or equivalent product.

▪ Wipe all surfaces of shelving, carts, bins and trash cans, and furniture including wheels with no-shedding wiper saturated with

Decon Spore 200 Plus or equivalent product.

▪ Allow 2 minute dwell time and remove any residue from surfaces using sterile water saturated non-shedding wiper.

o Floors

▪ Clean floors with non-shedding microfiber mop cover saturated with

Decon Spore 200 Plus or equivalent product.

▪ Starting at far end of room using working toward exit

▪ Allow 2-minute dwell time and remove any residue from surfaces using sterile water saturated non-shedding microfiber mop cover o Exit Positive Pressure Buffer Room

• HD (Negative Pressure) Buffer Room o Don second pair of shoe covers, HD gown and chemo gloves before entering o Ceilings

▪ Wipe with non-shedding microfiber mop cover saturated with EPA registered sporicidal agent Decon Spore 200 Plus or equivalent product,

▪ Starting at far side of room and working towards exit using overlapping strokes (including lights and fixtures).

▪ Allow 2-minute dwell time and remove any residue from surface using sterile water saturated microfiber mop cover o Walls and Windows

▪ Wipe with non-shedding microfiber mop cover or wiper saturated with Decon Spore 200 Plus or equivalent product.

▪ Starting at cleanest side of room wipe left to right from top to bottom and working toward exit.

▪ Cleaning must be done behind all equipment and shelving.

▪ Allow 2-minute dwell time and remove any residue from surface using sterile water saturated microfiber mop cover or non-shedding wiper.

o Equipment (Hoods, shelving, carts, bins, furniture, wheels, trash cans)

▪ Wipe all outside surfaces of hoods with non-shedding wiper saturated with Decon Spore 200 Plus or equivalent product.

▪ Wipe all surfaces of shelving, carts, bins and trash cans, and furniture including wheels with no-shedding wiper saturated with

Decon Spore 200 Plus or equivalent product.

▪ Allow 2-minute dwell time and remove any residue from surfaces using sterile water saturated non-shedding wiper.

o Floors

▪ Clean floors with non-shedding microfiber mop cover saturated with

Decon Spore 200 Plus or equivalent product.

▪ Starting at far end of room using working toward exit

▪ Allow 2-minute dwell time and remove any residue from surfaces using sterile water saturated non-shedding microfiber mop cover o Immediately prior to exiting HD buffer room, remove and discard outer shoe covers, chemo gown, and chemo gloves and place in yellow trace waste container.

o Exit HD buffer room

• Ante Room o Ceilings

▪ Wipe with non-shedding microfiber mop cover saturated with EPA registered sporicidal agent Decon Spore 200 Plus or equivalent product,

▪ Starting at far side of room and working towards exit using overlapping strokes (including lights and fixtures).

▪ Allow 2-minute dwell time and remove any residue from surface using sterile water saturated microfiber mop cover o Walls and Windows

▪ Wipe with non-shedding microfiber mop cover or wiper saturated with Decon Spore 200 Plus or equivalent product.

▪ Starting at cleanest side of room wipe left to right from top to bottom and working toward exit.

▪ Cleaning must be done behind all equipment and shelving.

▪ Allow 2-minute dwell time and remove any residue from surface using sterile water saturated microfiber mop cover or non-shedding wiper.

o Equipment (Hoods, shelving, carts, bins, furniture, wheels, trash cans, sink)

▪ Wipe all outside surfaces of hoods with non-shedding wiper saturated with Decon Spore 200 Plus or equivalent product.

▪ Wipe all surfaces of shelving, carts, bins and trash cans, and furniture including wheels with no-shedding wiper saturated with

Decon Spore 200 Plus

▪ Allow 2-minute dwell time and remove any residue from surfaces using sterile water saturated non-shedding wiper.

o Floors

▪ Clean floors with non-shedding microfiber mop cover saturated with

Decon Spore 200 Plus or equivalent product.

▪ Starting at far end of room using working toward exit

▪ Allow 2-minute dwell time and remove any residue from surfaces using sterile water saturated non-shedding microfiber mop cover o Exit Ante Room

▪ Remove and discard PPE

▪ Wash hands with soap and water

• Segregated Compounding Area (SCA) o Perform Hand Hygiene and Don PPE as outlined for Cleanroom Suite with the following differences

▪ Wash hands for 30 seconds at sink outside SCA

▪ Enter SCA and don PPE starting with shoe cover, then head cover, then face mask and facial hair cover if required, then gown, then perform hand hygiene using waterless alcohol-based hand scrub and don non-sterile gloves o Ceiling only needs to be cleaned if visibly soiled o Clean walls working using non-shedding microfiber mop cover saturated with Decon Spore 200 Plus or equivalent product starting from cleanest side and working toward exit o Clean outside of equipment including hood, shelves and bins with non-shedding wiper saturated with Decon Spore 200 Plus or equivalent product.

o Allow 2-minute dwell time and remove any residue using sterile water saturated non-shedding wiper or microfiber mop cover o Remove and discard PPE and exit SCA

• Document Cleaning o Document all above cleaning as required by USP 797 regulatory requirements.

Work Hours

Services provided by this contract shall be furnished by the Contractor. The Contractor shall not be required to furnish such services on a national holiday or during non-working hours as described below.

The following terms have the following meanings:

(1) Normal Operating hours of Pharmacy: Monday through Friday, 7:30a.m. to 4:00 p.m.

(2) National Holidays: The eleven holidays observed by the Federal Government are:

New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas, and any other day specifically declared by the President of the United States to be a national holiday

Service Locations

Colmery-O’Neal VA Medical Center

Inpatient Pharmacy Department

2200 SW Gage Blvd

Topeka, KS 66622

Dwight D. Eisenhower VA Medical Center

Inpatient Pharmacy Department

4101 South 4th Street

Leavenworth, Kansas 66048

Personnel Policy The contractor is responsible for all costs, including personnel costs, associated with this contract.

Qualifications: Contractor staff must be well trained/have expertise in USP 797 cleaning requirements/standards to ensure continued compliance with these standards.

Contractor Staff, Roles and Responsibilities Contractor staff must be in compliance with all United States Pharmacopeia (USP), state, local and The Joint Commission (TJC) guidelines.

Contractor Performance Assessments

• Assessments. The Government will do assessments of the Contractor’s performance. The Contractor shall have an opportunity to respond to assessments.

• Record. The Government will keep completed assessments and may serve as past performance data. Past performance data will be available to assist agencies in the selection of cleaning providers for future projects. Past performance data may also be utilized in future procurement efforts.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

Attention: www.sam.gov registration is required to be completed at time of submission of response.

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications– Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

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.

http://acquisition.gov/comp/far/index.html http://www.sam.gov/ https://www.sam.gov/portal

(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.

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:

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

C.3 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.

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

C.4 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; 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 the 12-month Base Period and/or any exercised Option Period.

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

(a) Workers' compensation and employer’s 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.

C.6 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.7 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.

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

[X] 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.

[X] 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.

C.8 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 end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP

2021) (DEVIATION)

(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) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded.

Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13

CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded.

Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) 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.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1));

and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. The Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:________________________________________ Printed Title of Signee:_________________________________________ Signature:___________________________________________________ Date:_____________________ Company Name and Address:________________________________________

(End of Addendum to 52.212-4)

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:

[] (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.

[] (16) 52.219-8, Utilization of Small Business…