RFQ 36C24525Q0126.pdf

RFQ 36C24525Q0126

MEDICAL TRANSCRIPTION

Washington DC VA Medical Center

50 IRVING ST. NW

WASHINGTON, DC 20422

This solicitation is intended to procure medical transcription services in accordance with the statement of work.

NAICS: 493110

TYPE OF CONTRACT: This will be a Firm-Fixed-Price Contract

This is a SDVOSB set-aside. Please see section E for Instructions to Offerors.

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

688-25-1-049-0011

36C24525Q0126 12-05-2024

JENNIFER ELKINS 304-429-6755 07-30-2024

15:00 EDT

Department of Veterans Affairs Network Contracting Office 5 (NCO 5) 90C

NCO 5

1540 Spring Valley Dr.

Huntington WV 25704

X 100

X

493110

$34 Million

N/A

X

Washington DC VA Medical Center

50 IRVING ST. NW

WASHINGTON DC 20422

Department of Veterans Affairs Network Contracting Office 5 (NCO 5)

1540 Spring Valley Drive

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

Contractor shall provide Medical Transcription service in accordance with the statement of work.

Questions are due 12/13/2024 3pm est.

Offers are Due 12/20/2024

POC: jennifer.elkins2@va.gov

See CONTINUATION Page x X x 1

Mark Smith

36C24525Q0126

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE ................................................................................. - 13 -

ITEM INFORMATION ......................................................................................... - 13 -

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

2018)

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

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

D.2 BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, , AND

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.7 SUPPLEMENTAL INSTRUCTIONS TO OFFERORS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C581 Department of Veterans Affairs Network Contracting Office 5 (NCO 5) 90C

NCO 5

1540 Spring Valley Dr.

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] Monthly, In Arrears

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

B.2 STATEMENT OF WORK

Statement of Work for Transcription of Anatomic Pathology Specimens

Veterans Administration Medical Center, Washington, D.C.

General

This Statement of Work (SOW) outlines the requirements and expectations for the transcription of anatomic pathology specimens at the Department of Veterans Affairs Medical Center in Washington, D.C. (VAMCDC), 50 Irving Street, N.W. Washington, D.C. 20422. The transcription services will involve converting raw diagnostic and procedural information from dictated reports into accurate, standardized electronic records within the hospital's pathology reporting system. The goal is to ensure timely and accurate transcription of anatomic pathology reports, which are essential for patient care and treatment decisions.

Scope of Work

The contractor will provide tra11Scription services for anatomic pathology specimens processed by the VAMCDC. These services will include, but are not limited to:

• Transcription of Pathology Reports: Accurate transcription of pathology reports dictated by pathologists, including but not limited to, specimen descriptions, diagnoses, and any relevant clinical data.

• Transcription of Surgical Pathology Specimens: Reports generated from the evaluation of surgical specimens such as biopsies, excisions, and resection margins.

• Review for Accuracy: The transcription service will involve reviewing transcribed documents for consistency and clarity, ensuring accuracy against the original dictated or handwritten notes.

• Formatting and Standardization: Transcriptions must adhere to VAMCDC formatting and documentation standards, including proper medical terminology, patient identification information, and standardized report templates.

• Electronic Submission: All finalized transcription work will be submitted in a standardized digital format compatible with VAMCDC VISTA Laboratory System for integration into the patient's medical record.

Contractor Responsibilities

The contractor shall:

• Provide qualified transcriptionists with specialized knowledge in anatomic pathology.

• Ensure timely delivery of transcribed reports in accordance with VAMCDC agreed-upon deadlines (typically 8-12 hours after receipt of dictation).

• Adhere to all applicable VA privacy policies, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA) regulations, ensuring all patient information is managed securely and confidentially.

• Ensure that transcription is accurate, with minimal errors, and free from typographical or medical inaccuracies.

• Correct any errors or discrepancies identified by the VA within a reasonable time frame at no additional charge.

• Maintain continuous communication with the VA's designated point of contact to resolve any questions or issues related to transcription work.

Requirements

Task Description and Deliverables

a. The purpose of pathology transcription services is to transcribe dictation that will cover Pathology type workload.

b. Voice recordings, to include contractor-owned /leased digital dictation systems, are to be sent from or recorded directly from VAMCDC.

c. The contractor must provide medical transcription services in prescribed formats from highly specialized medical dictation.

d. The dictation must cover all types of Pathology workload for the Laboratory Department, including Surgical Pathology, Bone Marrow, Autopsy and Cytology case reports, grossing, microscopic description, diagnosis, amendments, addendums, consults, submitted cases, special studies and any other information for pathologic-clinical correlation.

e. The Contractor must transcribe from voice recordings (either Government-owned digital dictation system or a Contractor-owned system) into VISTA laboratory system in correct Government required format.

f. The Contractor must provide reports that conform to CAP/JHACO standards.

CAP/JAHCO requirement information in reports include the patient's full name, patient number, requesting physician, date and time of collection, date, and time of receipt by the lab, date and time reported and results.

g. The Contractor must provide medical transcription services to transcribe and type from specific dictated in prescribed formations that may differ based upon report type, specimen type and facility accepted practices. The required formats will be provided upon contract award.

Description of files:

h. VA will provide files:

(!) Recorded in English (NOTE: Some participants will have regional accents),

(2) Including specification of formatting, e.g., line spacing, removal of speech disfluencies, etc.

(3) Note: Live recording may vary in audio quality and not be automatable, requiring traditional line by line manual transcription.

Hours of Operation

i. Transcription services are required Munday through Friday, except federal holidays:

New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Juneteenth, National Independence Day, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas Day. Hours of operation should coincide to meet Turn Around Times (TAT) requirements for transcribing dictation.

Turn Around Times (TAT)

a) Reports following the completion of all dictations must be within 8 to 12 hours from receipt. All transcriptions mut be completed no later than 7:00am EST Monday through Friday.

b) Transcription of corrected reports must meet the same standards as above, except for a shorter turnaround time. Corrected reports must be completed within 4 hours.

c) Critical or urgent reports, as identified by the VA pathologist, must be completed within 4 hours from the time of receipt.

d) Weekly or bi-weekly status updates, depending on the volume of transcription work.

S.S Contractor Ability

a) Must have a current Business Associate Agreement (BAA) as mandated by the Health Insurance Portability and Accountability Act (HIPAA) and defined at 45 CPR

160.103 and amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) with the Department of Veteran Affairs.

b) Maintain current status on any required VA training, e.g., VA Talent Management System (TMS), Privacy and HIPAA Training and VA Privacy and fl1formation Security Awareness and Rules of Behavior.

c) Ensure strict adherence to all security requirements for all contents and systems of reports applicable to this contract, meeting all requirements as imposed by HIPAA and JCAHO.

d) Manage varying volumes of work, maintaining staff available to meet rush requirements or high-volume period needs.

e) Accurately transcribe demographic and clinical information for all cases.

f) Correct immediate and final cases with transcription errors or with incomplete work to allow pathologists to re-access cases, input addendums for outside facilities that provide a definitive diagnosis for surgical and autopsy cases, accession submitted cased, accession slides, blocks and specimens submitted from external providers and/or facilities, and "accession in error" cases with unalterable data (i.e.

patient demographics, order error, etc.). A rough estimate of corrections, addendums, submitted cases, external slide, block, and specimen submission, and "accession in error" cases is 20% of the cases.

5.6 Technical Skills and Personal Requirements

a) Laboratory professionals who perform highly technical pathology transcription must possess the appropriate knowledge and skills associated with pathology and transcription.

b) Extension knowledge of medical terminology, anatomy, physiology, CPT, and ICD coding is required.

c) The contractor must provide and train sufficiently qualified personnel to perform the services specified in this contract beginning on the established start date of the contract.

d) Laboratory Reports must comply with the HIPAA regulations necessary with the HIPAA clauses included. The information provided in the reports must comply with CAP and JAI-ICO standards.

e) The Contractor must ensure strict adherence to all security requirements for all contents and systems of reports to this contract, meeting all requirements as imposed by HIPAA and JCAHO.

Technical Requirements

Pathology Reporting Requirements

j. The contractor must work with laboratory staff to troubleshoot and correct errors with the

Pathology Reports.

k. The contractor must cumulatively transcribe dictations upon receipt into a single report based on the VISTA report format until the report is finalized.

l. Contractor shall return transcribed notes to VA using one of two methods: (1) direct entry into VISTA laboratory system, or (2) uploading directly to VISTA laboratory for the respective VA facility. The contractor will be notified of any changes to the method of returning reports thirty calendar days in advance to the change. The contractor shall have thirty calendar days to identify any changes or adverse impact to the CO and COR.

m. The government will provide addenda via electronic voice file to transcriptionist for entry into the VISTA Laboratory System.

Specifications

n. Dictations from the Laboratory Department must be provided to the contractor using telephone-based dictation devices. The dictation system must connect to the hospital's One-VA Virtual Private Network (VPN), but the server must be the responsibility of the contractor and must be a secure system to ensure I-IIPAA Compliance.

o. The laboratory department may require customization of the dictation call flow and software. Dictation systems must meet fault tolerance and backup capabilities to avoid any delays in transcription.

p. The government must provide a copy of the department accession number protocol to the Contractor prior to commencement of work.

Equipment

q. The contractor must use existing VA tools and software to deliver transcription services.

r. The Government must provide user information to access VISTA Lab System. The government must terminate the use of these access codes upon identification of misuse of data and/or termination of this contract.

Information Security and System Access

s. Any remote access to VA systems that contain sensitive information must be done through the One-VA Virtual Private Network (VPN)VPN access, the contractor will be required to complete all security requirements.

t. The contractor must be able to secure and maintain all necessary clearances for all transcriptionist to access the VISTA system and meet all required security requirements for VAMCDC staff to use existing telephone lines to transmit data for transcription.

VISTA, CPRS or other Automated Information System Procedure

u. The contractor must enter patient repo11s into the VISTA Laboratory System and/or CPRS computer network or other computer information systems.

v. The contractor must furnish all necessary transcription equipment, supplies, parts, tools, and labor to perform this contract.

w. Uploading reports to the wrong VHA facility is considered a privacy/security violation and is a reportable incident under HIPAA.

Applicable Documents

a. In the performance of the task associated with this contract, the Contractor shall comply with the following requirements:

i. Identify all applicable documents, regulations, industry standards, VA requirements, etc. If the regulation/standard/statute is not readily available for all potential offerors, provide a copy of it so it can be included in the solicitation and contract.

Quality Control

The contractor shall implement the following quality control measures:

• Error Rate Monitoring: Monitor and maintain an error rate of no more than 2% in all transcribed documents. Errors will be documented, and a repot1 detailing the corrections will be provided to the VA on a regular basis.

• Review Process: Transcribed reports will be subject to a quality review by a certified medical professional, if required, to ensure all pathology terms and findings are accurately represented.

• Performance Evaluation: The contractor's performance will be periodically evaluated by the VA based on accuracy, timeliness, and compliance with VA protocols.

Deliverables

The contractor will deliver the following:

• Transcribed Reports: All pathology reports transcribed in a clear, concise, and accurate format.

• Audit Logs: An electronic log of all transcribed reports with timestamps of completion, submission, and any corrections made.

• Quarterly Performance Review: A summary of transcription error rates, turnaround times, and any issues encountered during the contract period.

Confidentiality and Security

The contractor must:

• Ensure compliance with the Health Insurance Portability and Accountability Act

(HIPAA) and any other relevant federal, state, or local laws concerning patient confidentiality and data security.

• Implement secure file transfer protocols to ensure that all data is transmitted securely.

• Provide a data security plan outlining how sensitive medical records and patient information will be protected throughout the transcription process.

Performance Standards

Performance will be measured based on the following criteria:

• Accuracy Rate: 98% accuracy in the transcription of anatomic pathology reports.

• Timeliness: 100% of reports delivered within the agreed-upon timeframe (8-12 hours or

4 hours for urgent cases).

• Customer Satisfaction: High levels of satisfaction as measured by feedback from the

VA hospital staff, including pathologists and other medical personnel.

Invoice Schedule

a. Invoices shall be submitted once a month for services rendered during the previous month.

Only one invoice may be submitted per month.

b. The contractor's failure to include the necessary information or a more frequent invoice submission than authorized will result in invoices being rejected.

c. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer's Technical Representative (COTR), and submitted to VA FSC, P.O. Box 149971, Austin, TX 78714 or faxed to the Austin Processing Center at 512-460-5540.

d. An adequately prepared invoice will contain:

i. Invoice Number and Date

ii. Contractor's Name and Address

iii. Accurate Purchase Order Number

iv. Supply or Service provided.

v. Total amount due

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

14,836.0 ea _______________

GROSS LINE MEDICAL TRANSCRIPTION

Contract Period: Base POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 493110 - General Warehousing and Storage PRODUCT/SERVICE CODE: Q603 - Medical Transcription ea _______________

GROSS LINE MEDICAL TRANSCRIPTION

Contract Period: Option 1 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 493110 - General Warehousing

EA _______________

GROSS LINE MEDICAL TRANSCRIPTON

Contract Period: Option 2 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 493110 - General Warehousing

EA _______________

GROSS LINE MEDICAL TRANSCRIPTON

Contract Period: Option 3 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 493110 - General Warehousing

EA _______________

GROSS LINE MEDICAL TRANSCRIPTON

Contract Period: Option 4 POP Begin: 02-01-2028

POP End: 01-31-2029 PRINCIPAL NAICS CODE: 493110 - General Warehousing

GRAND TOTAL _______________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

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

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

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

(End of Clause)

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

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

(1) Means a small business concern—

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

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

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

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

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

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

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

https://veterans.certify.sba.gov/

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

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

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

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

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

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

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

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

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

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13

CFR 125.6.

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

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

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

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

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

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

(End of Clause)

C.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB 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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB 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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–

74. Any work that a similarly situated certified SDVOSB/VOSB 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 18 U.S.C. 1001.

(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…