RFQ 36C24423Q1106.pdf

36C24423Q1106

Table of Contents

A.1 CONTRACT ADMINISTRATION DATA

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

A.3 DELIVERY SCHEDULE

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 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 25

C.8 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 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

A.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBA

b. GOVERNMENT: Contracting Officer 36C244

Department of Veterans Affairs

Network Contracting Office 4

Regional Procurement Office East

1010 Delafield Road

Pittsburgh PA 15215

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] IAW SOW

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

Requests.

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

AMENDMENT NO DATE

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

0001 144.00 EA ________________ ________________

Monthly Coliform and Chlorine residuals Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0002 432.00 EA ________________ ________________

Heterotrophic bacteria (Chiller Plant) Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0003 144.00 EA ________________ ________________

Heterotrophic bacteria (SPS water) Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection – Miscellaneous

0004 288.00 EA ________________ ________________

Heterotrophic bacteria (LAB water) Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0005 144.00 EA ________________ ________________

Total Organic Carbon (SPS water) Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0006 264.00 EA ________________ ________________

Heterotrophic bacteria (Dental water) Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0007 10.00 EA ________________ ________________

PFAS

Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0008 12.00 EA ________________ ________________

Endotoxins (SPS water) Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and

Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0009 12.00 EA ________________ ________________

Total hardness (SPS water) Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0010 6.00 EA ________________ ________________

Nitrate Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0011 6.00 EA ________________ ________________

Nitrite Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0012 6.00 EA ________________ ________________

Haloacetic Acids Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Testing, and Inspection - Miscellaneous

0013 6.00 EA ________________ ________________

Trihalomethanes Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0014 6.00 EA ________________ ________________

Ionic Contaminants (SPS water) Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0015 1.00 EA ________________ ________________

Synthetic Organic Compounds (SOC’s) Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0016 1.00 EA ________________ ________________

Regulated Volatile Organic Compounds Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

0017 1.00 EA ________________ ________________

IOCs Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and

Services

2.00 EA ________________ ________________

Lead/copper Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

1.00 EA ________________ ________________

Gross Alpha Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

1.00 EA ________________ ________________

Radium Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

GRAND TOTAL ________________

A.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs Coatesville VA Medical Center 1400 Black Horse Hill Rd

144.00

Coatesville, PA 19320

USA

0002 SHIP TO: Department of Veterans Affairs Coatesville VA Medical Center 1400 Black Horse Hill Rd

432.00

0003 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

0004 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

288.00

0005 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

0006 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

264.00

0007 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

10.00

0008 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd Coatesville, PA 19320

12.00

0009 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

12.00

0010 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

6.00

0011 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

0012 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

0013 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

0014 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

0015 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

1.00

0016 SHIP TO: Department of Veterans Affairs Coatesville VA Medical Center 1400 Black Horse Hill Rd

0017 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

0018 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

2.00

0019 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

0020 SHIP TO: Department of Veterans Affairs

1400 Black Horse Hill Rd

Statement of Work

Drinking Water Testing Service 2023-2028

1. General Intent: Contractor shall furnish all permits, services, materials, labor, supervision, management, management support, transportation, supplies, and equipment required to provide water sample collection and analysis of the Coatesville VAMC drinking water system. Sample collection and testing must be performed in accordance with lab certifications and conditions as detailed by the Pennsylvania Department of Environmental Protection (PA DEP). The sampling is intended to fulfill the Coatesville VAMC’s obligation as a permited community water supplier and to comply with PADEP regulations governing the systems public water supply permit.

2. Scope: The water sampling program will include:

A. The Coatesville VAMC providing the contractor with information on the various contaminants that are required to be tested in the current year of the contract. Testing of drinking water from a permitted system is required in accordance with 40 CFR Chapter 1

Subchapter D Part 136, EPA Method 334.0, the PA Safe Drinking Water Act Section 302, and VHA Directive 1061.

B. Contractor providing appropriate sampling containers per sample type and method, and personnel to come to the facility and physically collect the sample per 40 CFR Title 40

Chapter 1 Subchapter D Part 136 § 136.6 Method modifications and analytical requirements, and 25 PA Code Chapter 109.304(a).

C. Contractor provides analysis of the samples per 40 CFR Chapter 1 Subchapter D Part 136 §

136.7 Quality assurance and quality control

D. Contractor provides a written report of the sample results to the Coatesville VAMC for their records. Sample results will have chain of custody, date of sample collection, name of sample collector, date of results, sample type, results and units of measure, method used to test, reporting limit or maximum contaminant level, name or initials of laboratory technician.

E. Contractor enters the sample results data into the PADEP DWELLER computer reporting system.

F. The contractor is to submit a quote for:

I. The contractor personnel will provide sampling containers, provide manpower to collect samples, deliver to an approved and PADEP certified lab, report results to the

PADEP via the DWELLER system and the Coatesville VAMC. Sampling will occur at a minimum of at least one time per month.

G. Pricing shall be based on a “per sample” basis

3. Major Work Items:

A. The Contractor shall work with Coatesville VAMC staff and Designated Program

Representative to determine the size of the facility and the time it will take to collect samples from the various buildings on a monthly basis.

B. The contractor shall respond within 2 hours of being notified that the facility needs a water sample taken to confirm the presence of coliform bacteria due to an unexpected event such as a water main break.

C. The contractor shall maintain PADEP lab certification or utilize a lab that is PADEP certified to perform drinking water sample analysis in the state of Pennsylvania per 40 CFR

Chapter 1 Subchapter D Part 136 § 136.7 Quality assurance and quality control, and 25 PA

Code Chapter 109 and 252.

D. The contractor must maintain a PA Class A-D water operator certification throughout the life of the contract (See the State Board of Certification of Water and Wastewater System

Operators).

4. Deliverables: The Contractor shall provide the following:

A. Containers for which to collect samples.

B. Site visit at least once per month to collect water samples specified for that particular month.

C. Collection of water samples within the time frames established by the DESIGNATED

PROGRAM REPRESENTATIVE i.e. monthly water samples, certain samples required to be collected in a specified quarter, etc. Samples to be collected are as follows*:

ContCont Contaminant Number of

Samples

(estimated)

Frequency Notes

1 Coliform and Chlorine Residuals 2 Monthly

2 Heterotrophic bacteria (Chiller Plant) 6 Twice per month

3 Heterotrophic bacteria (SPS water) 2 Monthly

4 Heterotrophic bacteria (LAB water) 4 Monthly

5 Total Organic Carbon (SPS water) 2 Monthly

6 Heterotrophic bacteria (Dental water) 11 Quarterly

7 PFAS 4 Quarterly Year 1

8 PFAS 2 Semi-Annual 1st and

3rd Qtr

Year 2 -3

9 PFAS 1 Annual If meets

Criteria

10 Endotoxins (SPS Water) 1 Semi-Annual 1st and

3rd Qtr

11 Total hardness (SPS water) 1 Semi-Annual 1st and

3rd Qtr

12 Nitrate 1 Annually-2nd Qtr

13 Nitrite 1 Annually-2nd Qtr

14 Haloacetic Acids 1 Annually (Sept. 15th)

15 Trihalomethanes 1 Annually (Sept. 15th)

16 Ionic Contaminants (SPS water) 1 Annually

17 Synthetic Organic Compounds

(SOC’s)

1 3Y 2026-2nd Qtr

18 Regulated Volatile Organic

Compounds

1 3Y 2026-2nd QTR

19 IOCs 1 3Y 2024

20 Lead/copper 10 3Y 2025

21 Gross Alpha 1 9Y 2024

22 Radium 1 9Y 2024

*Sample types and frequencies are estimated based upon current PA DEP requirements and sample results, additional samples may be needed based on changes in the regulation.

D. Copy of PADEP issued lab certification authorizing them to analyze drinking water samples for a permitted community water supplier within 10 days of contract award, and upon request there after.

E. Submit sample results within 30 days of the sample being collected for analysis.

F. Consultation to the Coatesville VAMC on potential sources of contamination if sample results come back positive or above the MCL.

G. Contractor will immediately contact the DESIGNATED PROGRAM REPRESENTATIVE for any positive coliform results or results above the MCL. Notification shall be by phone and email to the provided number and email address.

H. Data entry of sample results into the PADEP DWELLER System within fifteen days of receiving the sample results.

I. The Contractor shall provide the written report to the Coatesville VAMC Designated

Program Representative within 15 days of receiving the results unless there is an exceedance or positive result which are to be reported immediately.

J. The deliverables from this contract will be used to support regulatory compliance with the

Coatesville VAMC community water system permit requirements.

5. General:

A. Contractor Furnished Equipment, Materials, and Information: Contractor shall, at no additional cost to the Government, provide and maintain licenses, permits, vehicles, operators, equipment, and materials to properly handle, package, label, transport, and analyze water samples from the Coatesville VAMC. Contractor is responsible for maintaining liability insurance for the duration of the contract.

B. Quality Control: The contractor shall have a Quality Control Program to ensure the requirements of this contract are provided as specified. The program shall include, but will not be limited to, the following:

I. A procedure for sample collection and storage of samples prior to analysis to preserve the integrity of the sample in accordance dance with state regulations and protocol governing water sampling. Contractor shall provide written sampling procedures upon request by the Government.

II. Abide by 40 CFR Chapter 1 Subchapter D Part 136 § 136.7 Quality assurance and quality control

6. Key reviews and dates:

A. All of the contractor’s personnel assigned to the performance of this contract are to wear a name badge to clearly identify company name and employee name, including a photograph of the employee. Any contractor on VA grounds will check-in at the information desk and receive a “CONTRACTOR” badge/sticker prior to starting work.

B. In addition, the contractor shall provide evidence of qualification to perform the requested services through documentation provided when the initial quotation is submitted to the

Government for consideration. All site visits, inspections and testing shall be coordinated with the DESIGNATED PROGRAM REPRESENTATIVE .

C. Normal hours of work shall be Monday through Friday (excluding Federal Holidays), 0800 a.m. to 4:30 p.m. unless other arrangements are made in advance with the DESIGNATED

PROGRAM REPRESENTATIVE .

7. COVID Precautions:

A. Contractor will honestly disclose any COVID related symptoms and will immediately be turned away if they have any symptoms. COVID screening will occur at the screening area immediately upon entrance to campus.

B. Contractor will wear a face covering at all times while on campus. Surgical masks, N-95 masks, and cloth masks which cover the nose and mouth are all acceptable masks. Refusal to wear a mask will be grounds for removal from campus. Face shields and/or goggles are encouraged but not required.

C. If contractor staff test positive for COVID and have been on campus within the last 2 weeks, they will immediately notify the contract DESIGNATED PROGRAM REPRESENTATIVE so that all of the floors visited by the contractor can be immediately isolated and monitored.

D. Some sampling locations could possibly house COVID positive patients or patients who are being monitored for COVID. The contractor will be given proper PPE when required: gown, gloves, face shield, and surgical mask. The contractor is expected to be able to sample in every building regardless of its COVID status. Coatesville VAMC will provide an escort on any COVID positive floors in order to make sure that all COVID precautions are performed by the contractor, the patients, and Coatesville VAMC staff.

E. Sometimes the COVID status of a floor changes before prior notification can be given to the contractor. However, prior notification will be given if the floor is under precautions the day before testing.

F. These precautions are subject to change based upon updates to Coatesville VAMC policies and procedures in regards to COVID safety for our staff and patients. Contractor will be made aware of any changes prior to arrival for sampling.

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

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-

TIER SUBCONTRACT AWARDS

JUN 2020

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

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from will be provided at time of award through will be provided at time of award.

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

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

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

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

(3) If sent electronically, the Government either—

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

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

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

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than will be provided at time of award, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of will be provided at time of award;

(2) Any order for a combination of items in excess of will be provided at time of award; or

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

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

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after will be provided at time of award.

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(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) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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. 4655).

[] (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) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 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).

[] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved]

[] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

[] (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (14) [Reserved]

[X] (15)(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.

[] (16)(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.

[] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (18)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

[] (20) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

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

[] (22) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(OCT 2022) (15 U.S.C. 657f).

[X] (23) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023)

(15 U.S.C. 632(a)(2)).

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

[] (24) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15

U.S.C. 637(m)).

[] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

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

[X] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (29) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022)

(E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (31)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (32)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

[X] (33)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

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

[X] (34) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

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

[X] (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[X] (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (38)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

[] (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment…