RFQ RMR Courier 36C25925Q0359 Final.docx

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R602--RMR | COURIER SERVICE | Contract Base +4 Federal contract opportunity
Solicitation number
36C25925Q0359
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 19

About this file

This is a Request for Quote (RFQ) for courier services issued by the Department of Veterans Affairs Rocky Mountain Network Contracting Office. The solicitation (36C25925Q0359) seeks a 100% Service-Disabled Veteran Owned Small Business (SDVOSB) to provide courier services for the Rocky Mountain Regional VA Medical Center (RMRVAMC) and surrounding VA clinics in the Denver metro area. The contract includes a base year and four option years, spanning from September 27, 2025, through September 26, 2030.

The courier services will involve scheduled and unscheduled transport of medical substances, clinical supplies, and office materials within a 30-mile radius of the RMRVAMC. Specific requirements include daily pickups from clinics in Golden, Lakewood, Aurora, and other metro Denver locations, with deliveries to the main medical center. The courier must handle items such as blood products, patient specimens, reagents, medications, and medical supplies, with the ability to respond to urgent transport requests within 30 minutes, 24 hours a day, seven days a week, including holidays. The solicitation has an offer due date of August 11, 2025, at 10:00 am CST.

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Amendment 36C25925Q0359 0001 RMR Courier.pdf PDF
RFQ RMR Courier 36C25925Q0359 Final.pdf PDF

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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

36C259-25-AP-0686

36C25925Q0359 07-24-2025 Phoebe Farmer 405-456-3685 08-11-2025 10:00am

CST

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

492110 1500 Employees

N/A

36C554 Department of Veterans Affairs Eastern Colorado Health Care System 1700 N Wheeling Street Aurora CO 80045

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Submitted Electronically Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page The contractor shall provide Courier Services for the Rocky Mountain Regional VA Medical Center (RMRVAMC).

Period of Performance:

September 27, 2025 through September 26, 2026 September 27, 2026 through September 26, 2027 September 27, 2027 through September 26, 2028 September 27, 2028 through September 26, 2029 September 27, 2029 through September 26, 2030

This is a 100% Service-Disabled Veteran Owned Small Business (SDVOSB) Set-Aside.

See CONTINUATION Page

Juanita Street

VA-VHA-RPOW-2023-0066

Table of Contents

SECTION A……………………………………………………………………………………………….1

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES……………………………………………………………………….1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION4
B.2 STATEMENT OF WORK6
B.3 PRICE SCHEDULE17
SECTION C - CONTRACT CLAUSES20
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)20
C.2 52.216-18 ORDERING (AUG 2020)26
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)26
C.4 52.216-21 REQUIREMENTS (OCT 1995)27
C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)27
C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)28
C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)28
C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS29
C.9 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)29
C.10 IT CONTRACT SECURITY30
C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)40
C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)40
C.13 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)40
C.14 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)40
C.15 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)42
C.16 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)45
C.17 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025)46
C.18 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)47
C.19 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)48
C.20 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)49
C.21 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)49
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS58
D.1 Wage Determinations58
SECTION E - SOLICITATION PROVISIONS92
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)92
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)97
E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)100
E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)101
E.5 52.216-1 TYPE OF CONTRACT (APR 1984)102
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)103
E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)103
E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)104
E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)104
E.10 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)105
E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025)107

36C25925Q0359

Page 1 of

Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION

(Continuation from Standard Form 1449, block 18A.)

B.1.1. Contract Administration: All contract administration matters will be handled by the following individuals:

B.1.1.1. CONTRACTOR: Name:

Title:

Company:

Address:

Telephone:

FAX #:

E-mail address:

B.1.1.2. GOVERNMENT: Phoebe Farmer, Contract Specialist Department of Veterans Affairs Rocky Mountain Network NCO 19 Contracting 6162 S. Willow Drive, Suite 300 Greenwood Village, CO 80111 Telephone: (303) 712-5730 E-mail: Phoebe.Farmer@va.gov and NCO19Lab@va.gov

B.1.2. 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 (SAM), or

[N/A] 52.232-36, Payment by Third Party

B.1.3. GOVERNMENT INVOICE ADDRESS: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] MONTHLY IN ARREARS

B.1.4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically to the VA Financial Services Center for payment processing, free of charge. For any questions about the e-invoicing program, please contact the FSC at the phone number or email address listed below:

• OB10/Tungsten e-Invoice Setup Information: (877) 752-0900

• OB10/Tungsten e-Invoice email: USClientServices@ob10.com

• FSC e-Invoice Contact Information: (877) 353-9791

• FSC e-invoice email: vafsccshd@va.gov

• The following two codes will be required when creating a vendor profile in OB10:

OB10 Buyer Number AAA544240062 Promo Code: VAPC7Y18

B.1.5. DUNS NUMBER: Please provide the Dun and Bradstreet Number assigned to your firm in the space provided: ________________

B.1.6. CONTRACTOR’S UNIQUE ENTITY ID (SAM): Please provide your firms Unique Entity DI: __________________

B.1.7. TAX IDENTIFICATION NUMBER: Please provide the tax identification number to be utilized for this contract: ______________

B.1.8. PERIOD OF PERFORMANCE: Services required herein shall be for the following time period:

Base Year: September 27, 2025 through September 26, 2026 Option Year One: September 27, 2026 through September 26, 2027 Option Year Two: September 27, 2027 through September 26, 2028 Option Year Three: September 27, 2028 through September 26, 2029 Option Year Four: September 27, 2029 through September 26, 2030

B.2 STATEMENT OF WORK

I. SCOPE:

The contractor shall provide all necessary labor, supervision, and equipment/vehicles for scheduled and unscheduled transport of medical substances/items, and clinical/office supplies from the VA Eastern Colorado Health Care System (ECHCS) in Aurora, CO and delivery to neighboring medical hospitals and clinics within a 30-mile radius. Services shall be provided 365 days a year including weekends and federal holidays.

II. LOCATIONS:

Courier services shall be provided to and from ECHCS which includes the main Rocky Mountain Regional VA medical Center (RMRVAMC) and outlying Denver metro VA clinics and, to and from, neighboring medical centers and clinics within the Denver Metro area. All pickup and delivery locations are within a 30-mile radius. Reference section V within this SOW for the pick-up times and locations. All pick-ups from the local clinics in the area shall be delivered to the Rocky Mountain Regional VA Medical Center.

VA Medical Center Pick-up/Delivery Departments and Point of Contacts:

A. Rocky Mountain Regional VA Medical Center (RMRVAMC) 1700 North Wheeling Street, Aurora, CO, 80045

1. Laboratory Services

a. Sharon West, Lab Manager 720-723-4592 Sharon.West@va.gov

b. Katie Moser, COR 720-723-4598 katie.moser@va.gov

2. Pharmacy Services

a. David Cassidy, Procurement & Automation Pharmacy Program Manager 720-723-6604 david.cassidy4@va.gov

b. Nelida “Nellie” Flores, Service Chief 720-7 23-6656 Nelida.Flores@va.gov

3. Surgical Services: Sara Davidson, Registered Nurse, 720-723-6163 sara.davidson@va.gov

4. Imaging Services: Amy Ipson, Chief Technologist 720-723-4787 amy.ipson@va.gov

5. Mental Health: Trait (Beau) Tres, Administrative Officer 720 723-5186 trait.tres@va.gov

B. ECHCS VA Clinics Requiring Regular Courier Services

1. Golden Outpatient Clinic – 1020 Johnson Road, Golden, CO 80401

2. Valor Point Domiciliary/PTSD clinic– 7350 W. Eastman Place, Lakewood, CO 80227-5006

3. Aurora Outpatient Clinic – 21825 E. Quincy Ave, Aurora, CO 80018

4. Aurora VA Gateway Clinic - 13701 E. Mississippi Ave. Aurora, CO 80012

C. Neighboring Metro Denver Hospitals and Clinics

1. Vitalant Blood Center

2. University of Colorado Health Sciences Center (UCHCS)

3. Denver Health Medical Center

4. Colorado State Department of Health

5. National Jewish Hospital

6. Rose Medical Center

7. Children’s Hospital

8. Denver Probate Court Mental Health Division (SIGNATURE FOR DELIVERY REQUIRED)

III. TYPES OF TRANSPORT:

A. Scheduled: Contractor shall pickup and deliver items in accordance with a determined weekly schedule. The pick-up locations and times are listed in section V. Pick-up and delivery of items shall be within 30-60 minutes of scheduled time.

B. Unscheduled Courier Runs within 30 miles (majority within a 5-mile radius) of RMRVAMC: STAT samples that need to be sent for reference testing will need to be picked up from RMRVAMC and dropped off at reference neighboring metro Denver hospitals and clinics. Requirements of blood products from Vitalant will require pick up from Vitalant to be dropped off at RMRVAMC. Other possible examples of unscheduled runs include reagent transport from RMRVAMC to another facility (or vice versa), sample pick up from VA clinic, or the pickup of dry ice to transport frozen samples. Contractor shall pick up items within 30 minutes of notification by ECHCS staff. Delivery must be made directly from the pick-up location to the delivery point to be completed within 1 (one) hour. Courier must be available to provide these services 24 hours/day, seven days/week, including holidays and weekends. Contact will be initiated by a phone call from one of the VA facilities to coordinate pick-up and delivery runs.

IV. DESCRIPTION OF ITEMS:

Items that may be transported include, but are not limited to:

A. Medical Substances/Items:

1. Blood Products

2. Patient Specimens

3. Reagents

4. Medications B. Clinic/Office Supplies:

1. Paper

2. Pens

3. Specimen Containers

4. Medical Instruments (i.e. syringes)

5. Medical Kits (i.e. suture removal kits)

6. Linen

7. Medical Records

V. SCHEDULED PICKUPS AND DELIVERY

ACRONYMS:

Aurora VA Gateway Clinic (AGC) Aurora Outpatient Clinic (AOC) Golden Community Based Outpatient Clinic (GCBOC) Valor Point Domiciliary (VPD) Rocky Mountain Regional VA Medical Center (RMRVAMC)

ROUTE A – MORNING WEEKDAY ROUTE

One-Way Trip Monday through Friday (excluding holidays)

ROUTE
PICKUP LOCATION
PICKUP/DELIVERY TIME
NEXT STOP / DELIVERY LOCATION
A1
GCBOC - 1020 Johnson Road, Golden, CO 80401
Pickup: 11:00am – 11:30am

Next Stop for Pickup - VPD

A2
VPD - 7350 W. Eastman Place, Lakewood, CO 80227
Pickup: 11:30am – 12:00pm

Delivery by: 1:00pm MT

DELIVER ALL TO

RMR - 1700 N. Wheeling St, Aurora, CO 80045

ROUTE B – MORNING WEEKDAY ROUTE
One-Way Trip
Monday through Friday (excluding holidays)
ROUTE
PICKUP LOCATION
PICKUP/DELIVERY TIME
DELIVERY LOCATION
B1
AOC - 21825 E. Quincy Ave., Aurora, CO 80018
Pickup: 11:30am – 12:00pm

Delivery by: 1:00pm MT RMR - 1700 N. Wheeling St, Aurora, CO 80045

ROUTE C – AFTERNOON WEEKDAY ROUTE

One-Way Trip Monday through Friday (excluding holidays)

ROUTE
PICKUP LOCATION
PICKUP/DELIVERY TIME
DELIVERY LOCATION
C1
GCBOC - 1020 Johnson Road, Golden, CO 80401
Pickup: 3:30pm – 4:00pm

Delivery by: 5:00pm MT RMR - 1700 N. Wheeling St, Aurora, CO 80045

ROUTE D – AFTERNOON WEEKDAY ROUTE
One-Way Trip
Monday through Friday (excluding holidays)
ROUTE
PICKUP LOCATION
PICKUP/DELIVERY TIME
NEXT STOP / DELIVERY LOCATION
D1
AOC - 21825 E. Quincy Ave., Aurora, CO 80018
Pickup: 3:30pm – 4:00pm

Next Stop for Pickup - AGC

D2
AGC – 13701 E. Mississippi Ave., Aurora, CO 80012
Pickup: 4:00pm - 4:30pm

Delivery by: 5:30pm

DELIVER ALL TO

RMR - 1700 N. Wheeling St, Aurora, CO 80045

A. Aurora VA Gateway Clinic (AGC)

1. Address: 13701 E. Mississippi Ave. Aurora, CO 80012

2. Hours of operation: Close at 1630

3. Arrival Contact Instructions: Call 720-857-5267 to be given access and then proceed to room 240 to pick up specimens.

4. Contact for emergencies/notifications: Christin Kessel or Carrie Shurmantine – 720-857-5267

B. Aurora Outpatient Clinic (AOC)

1. Address: 21825 E. Quincy Ave, Aurora, CO 80018

2. Hours of operation: 0700-1630, (last patient is at 1600)

3. Arrival Contact Instructions: Door code will be given to courier. Go to 2nd floor, Lab Room number 245. Sign clipboard for sign-in for confirmation of pick-up & time (must be followed)

4. Contact for emergencies/notifications:

a. Aurora CBOC Nurse Manager at 303-398-6341

b. Alternate: 720-654-6007 C. Golden CBOC (GCBOC)

1. Address: 1020 Johnson Road, Golden, CO 80401

2. Hours of operation: 0700-1600 (last patient is at 1515)

3. Arrival Contact Instructions: Door code will be given to courier or courier can knock on door for entry.

4. Contact for emergencies/notifications: Nurse Manager at 720-723-5046 or Front Desk 303-914-2680, option 2, option 2 D. Valor Point Domiciliary (VPD)

1. Address: 7350 W. Eastman Place, Lakewood, CO 80227-5006

2. Hours of operation: 24/7

3. Arrival Contact Instructions: Ring front doorbell to be let in, pick up at front desk

4. Contact for emergencies/notifications: Nursing Station at 720-376-6100 (24/7)

E. Rocky Mountain VA Medical Center (RMRVAMC)

1. Address: 1700 N. Wheeling St, Aurora, CO 80045

2. Hours of operation: 24/7

3. Pick-Up/Drop-off times: Varies, must be available 24/7

4. Arrival Contact Instructions: Regular couriers can gain access to doors through VA badging process. For drop offs/pickups, couriers are allowed to park temporarily at the South Entrance.

a. Lab Services is located on the 2nd floor of building D, room D2-234. There is a doorbell or access to the lab through badge.

b. Surgical Services is located on the 3rd floor of building D. Courier should go to D3 check-in desk where the staff can get an escort to the OR someone from the OR can come to them at the desk.

c. Pharmacy Services pickup/drop off is the inpatient door located in the service level (basement). Once on the service floor, head to “Pharmacy Receiving” sign (FS-100). Ring doorbell. If no answer (after hours): Continue past pharmacy sign and turn at “Building F-DAT North” (immediately before nutrition and food cage). Continue to “Inpatient Pharmacy” sign (FS-123). Ring doorbell.

VI. PACKAGING:

A. All items to be transported will be packaged by the VA in accordance with hazardous shipping requirements prior to courier pick-up. Packages will vary in size and weight from <1 to 50 pounds. All required packaging will be accomplished by VA staff in compliance with any applicable hazardous shipping requirements prior to pick up.

B. The contractor’s employees shall be responsible for reporting any broken or malfunctioning equipment to the VA point of contact. All damage to transport coolers will be documented and the contractor shall be held accountable for negligent handling of government property. Damage caused by VA employees will not be the responsibility of the contractor.

C. Government packaged containers and/or bags will have the following dimensions:

· Shoulder Transport Tote = 14”W x 8.5”D x 7”H

· Wheeled Transport Tote = 15.5”W x 9.5”D x 22”H

D. Government will have the following estimated quantities of packaged containers and/or bags for pickup and delivery from each location for each pickup.

· GCBOC – 1 wheeled tote for AM and 1 wheeled tote for PM for a total of 2/day. If extra busy may be 1 wheeled tote and 1 shoulder tote.

· VPD – 1 shoulder tote/day

· AOC - 1 wheeled tote for AM and 1 wheeled tote for PM for a total of 2/day. If extra busy may be 1 wheeled tote and 1 shoulder tote.

· AGC – 1 shoulder tote/day

VII. TRANSPORT:

A. All etiologic samples must be transported in accordance with all Federal, State, and local regulations. Also, contract driver must submit evidence of annual training on the OSHA Blood Borne Pathogens Standard.

B. The Government will package blood specimens which will be transported in secured containers suitable for blood and laboratory sample transportation in accordance with DOT regulations, temperature requirements (room temperature (insulated), refrigerated (insulated), and frozen (ice pack)), and in accordance with HIPAA privacy requirements.

C. Government will provide all containers to couriers that are lockable. Contractor shall not be responsible for providing any containers. Contractors shall only be responsible for pickup, delivery and transport services.

D. Contractor shall not throw, damage and/or mishandle Government containers during pickup, delivery and transport. If damage occurs, Contractor shall reimburse the Government for the costs of damaged containers.

E. Contractor shall not damage items being transported (which includes biohazardous materials) by throwing and/or mishandling Government provided containers during pickup, delivery and transport.

VIII. CONTRACTOR COMPLIANCE:

A. Insurance – The Contractor shall meet all requirements of Federal, State, and City code regarding operations of this type of business. The contractor shall be responsible for protecting the personnel furnishing the services under this contract. The parties agree that contractor personnel shall not be considered VA employees for any purpose and shall be considered employees of the contractor. Contractor must possess at least the minimum amount of liability insurance for operation of courier services within the State of Colorado.

B. Contractor shall meet all requirements of Federal, State, or City codes regarding operations of this type of service. Contractor shall be capable of providing services to and from all sites listed.

C. Contractor shall provide a document fully describing the make of vehicles, model and year which he/she agrees to furnish under this proposal including the location and telephone numbers of his/her establishment where calls are received, and vehicles are immediately available for dispatch.

D. The Government reserves the right to thoroughly inspect and investigate the establishment, facilities, business reputation and other qualifications of any offeror and to reject any quotes, irrespective of price, that shall be administratively determined lacking in any of the essentials necessary to assure acceptable standards of performance.

E. The Contractor shall maintain written documentation, documenting any issues related to transport of bio-hazardous materials that have been addressed and keep a copy of the written documentation at the contractor’s site. The Contractor shall ensure that all employees complete the mandatory training required to provide this courier services. Upon request, the contractor shall provide written documentation that the courier driver has received the training.

F. Contractor shall provide proof that Hepatitis B vaccine has been offered to employees in accordance with the OSHA Blood Borne Pathogens Standard.

G. All drivers shall have attained legal age (the age of 21 years). Drivers shall be licensed in accordance with the federal, state and local transportation authorities, to include any special licensure/permission required for the transporting of medical specimens and must provide the Government point of contact (POC) copies of this documentation.

H. Driver shall not make non-emergent stops, for any reason, during the transport of items under this contract.

I. Employee Clothing and Identification: All contractor delivery personnel shall wear distinctive clothing or badges bearing the contractor’s company name. All drivers shall be easily recognized as contractor employees by wearing appropriate identification which identifies them by name, title and job performed.

J. Contractor Personnel: Contractor is completely responsible for all actions of their employees. All contractor personnel employed in the performance of this contract shall comply with all Veterans Administration (VA) building regulations, policies, and guidelines while on the premises. Contractor personnel and wear clean uniform while performing duties under this contract. Contractor shall consider the clinical environment and instruct/train personnel in applicable safety precautions and special requirements. These requirements may include but are not limited to such conditions as human secretions, blood, barium, etc. Contractor personnel shall take appropriate precautions while performing duties applicable to this contract.

K. Vehicle: Vehicles used in the performance of this contract shall be licensed and meet all minimum vehicle requirements as mandated by the Department of Transportation (DOT), to include Insurance.

L. Liability – Worker’s and Employer’s Liability: Contractor shall comply with applicable Federal and State workers’ compensation and occupational-disease status. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance. Certifications of Insurance shall be received before state work.

M. Limitations: Under no circumstances shall any person other than the driver or another employee of the contracting agency ride in the vehicle or handle items being transported.

N. Security: While on VA grounds, contractor shall secure vehicles when left unattended. If vehicle must be left unattended with motor running, a second set of keys will be necessary, so that the vehicle can be securely locked.

O. This contract is subject to the wage determination as set forth by the Department of Labor, and the applicable wage determination is included as an Attachment in Section D.

P. Contractor personnel providing courier services must have attended hazardous materials transport training according to the most current DOT Regulations and completed HIPAA compliant privacy training with documentation furnished to the VA upon request. Contractor shall be required to sign a Business Associate Agreement (BAA) in accordance with HIPAA requirements.

IX. QUALITY / PERFORMANCE MEASURES:

A. If the contractor fails to furnish the required services within the time frames established, the Department of Veterans Affairs reserves the right to obtain the service from another source and to charge the contractor with any excess cost.

B. Acceptable delays: Severe weather as evidenced by severe weather warnings by the National Weather Service along regular delivery route and school or public event cancellations of postponement within 5 miles of regular delivery route are excusable delays.

C. The RMRVAMC reserves the right to thoroughly inspect and investigate the contractor’s vehicles, facilities, business reputation and other qualifications of any offeror and to reject any offer irrespective of price if it shall be administratively determined lacking in any of the essentials necessary to assure acceptable standard of performance.

X. CONDUCT:

A. The Contractor and all Contractor employees are subject to the same rule of conduct and standards as Government employees.

B. No alcoholic beverages or drugs are allowed on any VA property.

C. The VA has implemented a smoke free environment policy at all VA locations.

XI. CONTRACTOR’S DUTIES AND RESPONSIBILITIES:

A. The contractor's responsibility for the safekeeping of items shall commence when the contractor has received the same and a receipt acknowledged and shall terminate when delivery is completed. A record of all deliveries and pickups will be maintained through log sheets provided at each location. Contractor shall provide Government POC with a listing of names and identification of authorized messengers.

B. The contractor shall be liable for the loss of items picked up and transported if the contractor drivers should fail to deliver the items in the same condition as when it was picked up. Acknowledgement by VA staff at the delivery location shall be conclusive evidence that the item(s) were received safely and securely.

C. Liability Insurance: It is understood and agreed that contractor must be a courier company with a state license and carry a minimum of $1,000,000 liability insurance. All couriers transporting specimens under this contract must have means of communication while traveling. Any delays in the delivery shall be reported directly to the Government POC. All efforts shall be taken to complete deliveries so that no items are kept in the possession of the contractor overnight.

D. The contractor shall provide a fixed rate for all costs of the courier service, which include the costs of the vehicle, driver, mileage, time, weight, and other reasonable costs associated with courier services needed to perform the services described in this contract. Each vehicle used in the performance of this contract shall be adequately stocked with at least one up-to-date complete “SPILL KIT” for a bio-hazard cleanup in case of leakage or accidental discharge from controlled containers.

E. The contractor shall ensure that the vehicle (small transport van or equivalent) used will be large enough to carry the item(s) to or from the RMRVAMC and the supported locations. Recommend a minimum of 100 cubic ft.

F. The contractor shall ensure the confidentiality of all patient information and records being transported and will be held liable in the event of a breach of confidentiality.

G. The contractor shall maintain their motor carrier permit, hazardous material license number, certificate of training of couriers (employers), State of Colorado driver’s licenses, vehicle insurance, and registration.

H. Training: Contractor’s couriers transporting lab specimens shall be trained in “Universal Precautions” in the handling of biohazard materials (specimens). Training must include clinical procedures used in case of biohazard spills and accidents. Proof of training shall be provided after award of the contract and updated annually thereafter with proof of training provided to Government POC at the exercise of any option year.

I. Drivers: All drivers shall maintain a valid driver’s license for the type of vehicle operated as required by the State of Colorado.

J. The name of this person, and an alternate, or alternates, who shall act for the contractor when the manager is absent, shall be designated in writing to the Contracting Officer and Government POC. An updated listing will be provided as changes in personnel occur.

K. The contractor’s personnel shall present a neat appearance and be easily recognized as a contract employee. The contractors’ employee shall wear an identification tag that includes the company’s name/logo and employee name and photograph. Contractor’s vehicle shall have the company name/logo prominently displayed.

L. The contractor shall direct all questions and problems regarding this contract, to the Contracting Officer. The Contracting Officer is the sole authority to amend the terms and conditions of this requirement. All changes will be issued via amendment and/or modifications in writing from the Contracting Officer to the contractor.

M. The Contracting Officer and Government POC shall be notified at the earliest time available, but no later than the next business day of Contractor’s knowledge of any conditions which may adversely affect the Contractor’s ability to perform under the terms and conditions as stated in the specifications of this requirement. For example, union strikes, vehicle problems, licenses, or anything that might jeopardize the terms and conditions of this contract should be reported to the Contracting Officer.

N. Should any items be lost, damaged or broken, the contractor shall be required to submit a written report to the Contracting Officer within twenty-four (24) hours explaining the circumstances. Failure to provide the report with the specific time frame will cause further review by the Government to determine if the infraction warrants suspension/termination of the contract.

O. The contractor shall be required to maintain a record log of courier pickups and deliveries, indicating time and date of pickups, number and description of items from each location, along with signatures. This information will be duplicated on the Contractor’s invoice. If the contractor’s proposal includes an electronic/facsimile/automated system of courier tracking, it must also demonstrate how the record log can be accessed when needed. There may be an occasion where the exact time of delivery and name of the person receiving the item is imperative for an investigation into patient services. The contractor shall provide any such information upon request by the Contracting Officer or Government POC.

XII. INVOICE:

The Contractor shall submit an invoice to Austin Payment Center via electronic submission through Tungsten. Invoices must include:

A. Name and address of contractor B. Invoice date and number C. Contract number and current fiscal year purchase order number D. Date, description, and location where items delivered (not just number of deliveries) E. Terms of any discount for prompt payment offered Name, title, and phone number of person(s) to notify in event of defective invoice, and Taxpayer Identification Number (TIN) F. Electronic Funds Transfer (EFT) information

XIII. OTHER:

A. All VA sensitive information is transported in closed and secured containers while in the possession of the courier.

B. Federal Holidays: The holidays observed by the Federal Government are:

1. New Year's Day

2. Labor Day

3. Martin Luther King Day

4. Columbus Day

5. Juneteenth

6. President's Day

7. Veterans Day

8. Memorial Day

9. Thanksgiving Day

10. Independence Day

11. Christmas Day

B.3 PRICE SCHEDULE

BASE YEAR 1

9/27/2025 – 9/26/2026

CLIN
Description
Quantity
Unit
Unit Cost
Total Cost
0001
ROUTE A: GCBOC and VPD to RMR (Morning Route) Monday through Friday (excluding holidays)
12
MO
0002
ROUTE B: AOC to RMR (Morning Route) Monday through Friday (excluding holidays)
12
MO
0003
ROUTE C: GCBOC to RMR (Afternoon Route) Monday through Friday (excluding holidays)
12
MO
0004
ROUTE D: AOC and AGC to RMR (Afternoon Route) Monday through Friday (excluding holidays)
12
MO
0005
Unscheduled courier runs withing 30 miles of RMRVAMC. These services are 24 hours/day, 7 days/week, including holidays and weekends (unit = each).
2600
EA

TOTAL BASE

OPTION YEAR 1

9/27/2026 – 9/26/2027

CLIN
Description
Quantity
Unit
Unit Cost
Total Cost
1001
ROUTE A: GCBOC and VPD to RMR (Morning Route) Monday through Friday (excluding holidays)
12
MO
1002
ROUTE B: AOC to RMR (Morning Route) Monday through Friday (excluding holidays)
12
MO
1003
ROUTE C: GCBOC to RMR (Afternoon Route) Monday through Friday (excluding holidays)
12
MO
1004
ROUTE D: AOC and AGC to RMR (Afternoon Route) Monday through Friday (excluding holidays)
12
MO
1002
Unscheduled courier runs withing 30 miles of RMRVAMC. These services are 24 hours/day, 7 days/week, including holidays and weekends (unit = each).
2600
EA

TOTAL OPTION YEAR ONE (1)

OPTION YEAR 2

9/27/2027 – 9/26/2028

CLIN
Description
Quantity
Unit
Unit Cost
Total Cost
2001
ROUTE A: GCBOC and VPD to RMR (Morning Route) Monday through Friday (excluding holidays)
12
MO
2002
ROUTE B: AOC to RMR (Morning Route) Monday through Friday (excluding holidays)
12
MO
2003
ROUTE C: GCBOC to RMR (Afternoon Route) Monday through Friday (excluding holidays)
12
MO
2004
ROUTE D: AOC and AGC to RMR (Afternoon Route) Monday through Friday (excluding holidays)
12
MO
2002
Unscheduled courier runs withing 30 miles of RMRVAMC. These services are 24 hours/day, 7 days/week, including holidays and weekends (unit = each).
2600
EA

TOTAL OPTION YEAR TWO (2)

OPTION YEAR 3

9/27/2028 – 9/26/2029

CLIN
Description
Quantity
Unit
Unit Cost
Total Cost
3001
ROUTE A: GCBOC and VPD to RMR (Morning Route) Monday through Friday (excluding holidays)
12
MO
3002
ROUTE B: AOC to RMR (Morning Route) Monday through Friday (excluding holidays)
12
MO
3003
ROUTE C: GCBOC to RMR (Afternoon Route) Monday through Friday (excluding holidays)
12
MO
3004
ROUTE D: AOC and AGC to RMR (Afternoon Route) Monday through Friday (excluding holidays)
12
MO
3002
Unscheduled courier runs withing 30 miles of RMRVAMC. These services are 24 hours/day, 7 days/week, including holidays and weekends (unit = each).
2600
EA

TOTAL OPTION YEAR THREE (3)

OPTION YEAR 4

9/27/2029 – 9/26/2030

CLIN
Description
Quantity
Unit
Unit Cost
Total Cost
4001
ROUTE A: GCBOC and VPD to RMR (Morning Route) Monday through Friday (excluding holidays)
12
MO
4002
ROUTE B: AOC to RMR (Morning Route) Monday through Friday (excluding holidays)
12
MO
4003
ROUTE C: GCBOC to RMR (Afternoon Route) Monday through Friday (excluding holidays)
12
MO
4004
ROUTE D: AOC and AGC to RMR (Afternoon Route) Monday through Friday (excluding holidays)
12
MO
4002
Unscheduled courier runs withing 30 miles of RMRVAMC. These services are 24 hours/day, 7 days/week, including holidays and weekends (unit = each).
2600
EA

TOTAL OPTION YEAR FOUR (4)

TOTAL COST Base and All Options

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…

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