S02 - 36C25224Q0084.pdf

PAGE 1 OF1. 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

None

676-24-1-6978-0001

36C25224Q0084 12-08-2023

Kyle Ledlie 414-844-4827 12-22-2023

17:00 CST

Department of Veterans Affairs

GLAC (69D)

115 South 84th Street, Suite 101

Milwaukee WI 53214-1476

X 100

X

541620

$19 Million

N/A

X

Department of Veterans Affairs

GLAC (69D)

115 South 84th Street, Suite 101

Milwaukee WI 53214-1476

Department of Veterans Affairs

GLAC-MILWAUKEE (69D)

Great Lakes Acquisition Center - HC 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Asbestos Containing Materials Testing and Monitoring for Project # 676-23-034 Abate and Demo Building 2 at the Tomah VA Medical Center in Tomah, WI

COR: James Conn CO: Ryan McMillin CS: Lynn Vandervelde

X

X 1

Ryan McMillin

36C25223Q0084

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:

Contractor Name:

Address:

City – State – Zip:

Point of Contact / Title:

Phone Number:

Email Address:

DUNS Number:

b. GOVERNMENT: Ryan McMillin, Contracting Officer Contracting Officer Code: 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476

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:

a. Invoices shall be submitted in arrears in accordance with: 852.232-72 ELECTRONIC SUBMISSION

OF PAYMENT REQUESTS (NOV 2018)

b. Payments shall be made in arrears upon receipt of a properly prepared invoice.

c. The VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-752-0900 option 2 for Enrollment.

d. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

e. All invoices shall reference the vendor name and address, customer name, task order number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

4. GOVERNMENT INVOICE ADDRESS:

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-

72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The Veterans Affairs Financial Services Center (VAFSC) uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

d. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

e. For assistance setting up e-Invoice, the below information is provided:

i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135 * Tungsten Network e- Invoice email: VA.Registration@Tungsten-Network.com * FSC e-Invoice Contact Information: 1- 877-353-9791 * FSC e-invoice email: vafsccshd@va.gov

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

AMENDMENT NO DATE

ASBESTOS CONTAINING MATERIAL TESTING & MONITORING SERVICES

PROJECT 676-23-034, Asbestos Abatement Monitoring B-2

The purpose of this contract is to provide the VA with a certified third-party ACM testing and monitoring contractor for an upcoming construction project at the Tomah VA Medical Center, Tomah, WI. The Asbestos Containing Material (ACM) Testing & Monitoring (T&M) contractor shall provide all labor, material, tools, management, and equipment necessary to provide asbestos containing materials abatement testing and monitoring for construction project 676-23-034, Abate and Demo Interior B-2 as defined in the below Statement of Work (SOW).

1. SCHEDULE OF SUPPLIES/SERVICES AND PRICE/COST

a. BASE CLINS - Period of Performance is 220 calendar days from award. It is anticipated that the majority of services will take place within a 90 calendar-day time period between December 2023-Mid-May 2023. Notification of on-site service dates will be provided upon approval of corresponding construction schedule.

CLIN DESCRIPTION QTY UNIT RATE PRICE

0001 Onsite Hours 240 Hours

0002 Sample Tests – Daily Ambient/Containment (multiple air sample pumps per volume of sample area)

30 Each

0003 Sample Tests – Background (multiple air sample pumps per volume of sample area)

1 Each

0004 Sample Tests – Final Clearance (multiple air sample pumps per volume of sample area)

1 Each

0005 Final Report (Include all daily logs, sample test reports, certifications, and narrative)

1 Each

TOTAL PRICE_____________

STATEMENT OF WORK

1. DESCRIPTION OF SERVCIES

a. The intent of this Environmental Service Contract will be to provide standard environmental samplings, inspections, testing, oversight, and monitoring services during the hazardous materials (asbestos) remediation (abatement) performed as part of the Abate and Demo B-2 construction contract. These services are abbreviated as “T&M” subsequently in this document. Professional Industrial Hygienist services meeting this requirement shall be provided during the asbestos remediation contractor’s scheduled abatement work. The Government shall notify the contractor of the need for these professional ACM testing and monitoring services at least two weeks before the abatement work is to commence. The work will take place at the Tomah VA Medical Center, Tomah, Wisconsin; Building 2.

b. The T&M contractor shall familiarize themselves with the contract specifications regarding this project and ensure that abatement and testing & monitoring services meet these requirements.

c. The contractor shall furnish all materials, equipment, and personnel necessary to accomplish this work as defined in the scope of work below and in the drawings attached. This work shall be performed in accordance with Federal, State, and Local regulations, Occupational Safety and Health Administration (OSHA) & United States Environmental Protection Agency (EPA) requirements, and VA Guidelines.

2. CONSTRUCTION PERIOD OF PERFORMANCE

a. The VA’s ACM T&M contractor will report directly to the VA and shall ensure the construction contractor and the construction contractor’s subcontractors adhere to the abatement and testing requirements of the contract. A construction General Contractor has been awarded a separate and corresponding construction contract which will include abatement of ACM materials as well as testing and monitoring reporting directly to the abatement contractor. The ACM T&M contractor under this contract is prohibited from being subcontracted by the General Contractor for abatement or testing and monitoring for this project.

b. It is anticipated that the construction contractor will mobilize November 2023.

Once approved, the construction schedule will be shared with the ACM T&M contractor for coordination and scheduling activities. The construction contract shall begin with demolition and move to abatement activities later in the contract schedule. B-2 has 3 floors and monitoring will be required over a 30-day duration and may require up to 8 separate visits that will be coordinated with the COR and the construction contractor. The VA intends to issue NTP to the T&M contractor in conjunction with mobilization to not impact the General Contractor’s schedule. The T&M contractor shall coordinate abatement testing and monitoring activities with the General Contractor and the General Contractor’s abatement subcontractor. The construction contract is bound by the following phases/milestones:

i. Notice to Proceed was issued October 30, 2023.

ii. Pre-Construction Period (submittals) shall be complete within 30 days of NTP.

iii. VA Submittal Review Period shall be complete within 45 days of NTP.

c. Per the General Contractor’s schedule, demolition and abatement activities should be completed within 255 days of mobilization. Likewise, the T&M contractor’s testing and monitoring activities shall conclude by the same date. The final report shall be submitted within 30 days of the construction contractor’s completion of the project’s demolition and abatement services.

3. HAZARDOUS MATERIALS ASSOCIATED WITH BUILDING 2 (B-2)

a. The construction contractor’s asbestos/hazardous materials abatement contractor shall remove all identified hazardous materials in compliance with applicable codes and laws.

b. Abatement testing and monitoring services are required for the duration of the abatement/demolition.

c. Abatement testing and monitoring is required for:

i. The removal of ACM in electrical wiring and motors

ii. Whole component glove

iii. The removal of unforeseen mud fittings on fiberglass insulated domestic water lines.

d. Based on the age of the B-2, it is assumed lead paint is within the project area.

However, lead abatement or T&M activities are not required. The demolition contractor shall employ lead stabilization prior to demolition activities and all debris materials shall be disposed of appropriately. The T&M contractor shall have no lead abatement/oversight during these services.

e. Review the attached Hazardous Materials Report and Test Results for more information on the construction contractor’s abatement requirements.

4. MINIMUM QUALIFICATIONS

a. The Testing & Monitoring contractor must provide at least one (1) qualified Professional Industrial Hygienist (PIH) and the necessary support personnel to perform the requirements of this solicitation.

b. The term PIH is a government-specific term meaning an individual who has professional experience as a practicing and certified industrial hygienist. For this contract, it is required that this PIH have a State of Wisconsin certification as an asbestos inspector and supervisor. This must be documented in the proposal (include copy of State Certification).

c. Laboratory testing shall be completed by an AIHA (American Industrial Hygiene Association) accredited laboratory. Bulk sampling shall be completed by a NVLAP (National Voluntary Laboratory Accreditation Program) approved laboratory.

d. The Government reserves the right to approve or disapprove personnel based on the position requirements stated in the proposal.

e. The Government will not exercise any supervision or control over contractor employees performing work under the contract. Such employees shall be accountable solely to the contractor, not the Government. The contractor, in turn shall be accountable to the Government for contractor employees.

f. The contractor may not conduct abatement or testing and monitoring services for the construction contractor in performance of this project.

5. TASKS, REPORTS, AND FINAL REPORT

a. Testing and Monitoring contractor tasks are detailed in Section 2.3.2 of Specification Section 02 82 11 and are summarized below:

i. Establish background levels prior to initiation of abatement activities.

ii. Perform continuous air monitoring, inspection and testing outside the regulated area during abatement work.

iii. Perform unannounced visits to spot check overall compliance by the abatement contractor to the plans and specifications.

iv. Support the COR in the review and evaluation of abatement contractor submittals, reports, or RFIs.

v. Perform a final inspection and testing of a decontaminated area after the abatement work.

vi. Issue a formal certificate of decontamination for the project area as well as a final report.

b. Results from testing activities shall be provided to the VA within the below standards:

i. Sample Analysis Air

a. Asbestos: Less than 12 hours

b. All others: Less than 48 hours

ii. Verbal reports can be provided once contractor receives results. Written report should be completed within 7 to 10 days after results are received by contractor.

c. A daily written Employee/Vendor Service Report (ESR) shall be provided to the COR upon completion of each daily visit. This written report shall be submitted weekly, at a minimum and include sampling data results, as applicable. The report shall include a detailed description of the work completed and the reason for any delay (if occurring). In addition, each ESR must, at a minimum, document the information listed below legibly and in complete detail. Failure to provide written reports could result in delay of payments.

i. Name of Contractor.

ii. Name of Field Service Employee (FSE) who performed services.

iii. Contractor service ESR number/log number.

iv. Date, time (starting and ending), equipment downtime, and hours on-site.

v. VA purchase order number.

vi. Work completed to include location, equipment and materials used.

vii. Signatures of the FSE performing the services and the VA employee who witnessed the services described.

d. A final report will be required for this project. The report will follow this format:

i. Executive Summary

ii. Purpose/Problem Statement

iii. Inspection results and recommendations for contractor to correct or accomplish

iv. Sampling and Analytical Methods

v. Sampling Locations and Agents

vi. Sampling Results by Location and Individual

vii. OSHA, American Association of Government Industrial Hygienists (ACGIH), or National Institute of Occupational Safety and Health (NIOSH) Recommendations, or other reference on Exposure Levels

viii. Conclusions and Recommendations

e. The contractor will be required to complete and incorporate VA Form 0018, "Industrial

Hygiene Sampling Data" into the final report. A copy of this form will be provided.

6. SCHEDULING OF WORK

a. Before commencement of work, the Testing & Monitoring contractor shall confer with the COR, the construction contractor and the hazardous materials abatement contractor to coordinate and agree on a sequence of procedures; delivery of materials and use of approaches; use of corridors, stairways, elevators, and similar means of communications; location of partitions, eating spaces, and restrooms for contractor employees; and the like (as applicable).

b. Contractor's delivery of service/delivery of materials and equipment shall be made with a minimum interference to Government operations and personnel. Abatement and Testing & Monitoring work will be accomplished during normal work hours (7:30 am to 4:30 pm) and during off-shift working hours. The VA estimates 100% of the work to be conducted during normal work hours.

c. The work shall, so far as practicable, be done in definite sections or divisions, and confined to limited areas which shall take all precautions to ensure that no damage will result from his operations to private or public property.

d. The hazardous materials abatement contractor shall be responsible for providing all work site protective barriers and site control devices, and the testing & monitoring contractor shall inspect work site protective barriers. Any proposed traffic control methods shall be submitted to the COR for final approval. No area shall be completely closed to traffic without prior approval from the COR.

e. At the beginning of each working day, the contractors shall notify the COR, is email, of the location(s) of work to be accomplished that day.

7. HOURS OF OPERATION

a. Normal hours of operation are Monday through Friday from 7:30 am to 4:30 pm, excluding holidays.

b. Federal and National Holidays observed by the VAMC are:

National Holidays Federal Holidays

New Year's Day

Labor Day

Memorial Day

Thanksgiving Day

Christmas Day

M L King's Birthday

Columbus Day

President's Day

Veterans Day

Independence Day

c. Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

d. When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

8. CONTRACTOR ACCESS

a. The area wherein work is to be performed (B-2) under this contract will not be occupied by Government services and patient care areas during abatement and testing & monitoring services. The B-wing elevators will be available to the contractor for removal of construction waste. The movement of contractor personnel, his equipment, materials, and tools shall be confined to this area so as not to interfere with ongoing operations and prevent contamination to adjacent areas.

b. The T&M Contractor shall not be allowed access to the VA Network or VA sensitive information.

c. Any computer systems employed by the Contractor shall meet VA password requirements and shall not connect to the VA Network.

9. COMPLIANCE WITH VHA DIRECTIVE 1192.01

a. VHA Directive 1192.01 issued August 10, 2020 requires all contractor personnel to receive annual seasonal influenza vaccinations or obtain an exemption for medical or religious reasons. Compliance with this directive is a requirement of this contract. A copy of VHA Directive 1192.01 is available at this link:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi0t 7CAj_DrAhXDgnIEHbVSCwgQFjAAegQIBRAB&url=https%3A%2F%2Fwww.va.gov%2F vhapublications%2FViewPublication.asp%3Fpub_ID%3D8948&usg=AOvVaw1Rwijbc9Z 5WL5ilsgWoagN

PROPOSAL PREPARATION INSTRUCTIONS

1. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein for proposal submissions. Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

2. Required Documentation. The offeror shall email the following documents to the Contracting Officer at ryan.mcmillin@va.gov and the Contracting Specialist at lynn.vandervelde@va.gov:

SF 1449 with completed blocks 17a, 30a, 30b, and 30c.

Contractor Information on Page 2, 1(a).

Acknowledgement of Amendments on Page 3.

Technical proposal Offeror shall complete Price Schedule starting on Page 4.

3. Questions. Any questions to this solicitation must be submitted electronically via email to lynn.vandervelde@va.gov and ryan.mcmillin@va.gov no later than 17:00 local time (CST) on December 15, 2023. No other form of communication will be accepted. Questions will be addressed via solicitation amendment.

4. Technical Package. The technical package submitted in response to this solicitation must demonstrate the offeror’s ability to meet the Government’s needs stated in the SOW and submit all necessary supporting documentation listed below:

Offeror must provide at least one (1) qualified Professional Industrial Hygienist (PIH) and the necessary support personnel to perform the requirements of this solicitation. The PIH must have a State of Wisconsin certification as an asbestos inspector and supervisor. This must be documented in the proposal (include copy of State Certification).

Laboratory testing shall be completed by an AIHA (American Industrial Hygiene Association) accredited laboratory. Bulk sampling shall be completed by a NVLAP (National Voluntary Laboratory Accreditation Program) approved laboratory. Accreditation documentation to be provided with proposal.

5. Price Quote. The price quote submitted in response to this solicitation shall be all-inclusive firm-fixed pricing and must include the completed Total Price for all CLINS. If the Price Schedule is not completed entirely, or the offeror indicates additional/variable pricing fees, the entire proposal may be considered unacceptable and the offeror could be ineligible for award.

6. Proposals are due at 17:00 Local Time (CST) on December 22, 2023. quotes shall be submitted electronically via email only to lynn.vandervelde@va.gov and ryan.mcmillin@va.gov

NOTE: FAILURE TO PROVIDE THE INFORMATION IDENTIFIED ABOVE MAY RENDER

AN OFFEROR’S QUOTE UNACCEPTABLE AND INELIGIBLE FOR AWARD.

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

ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

ITEMS

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 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

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

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran- Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

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

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

(End of Clause)

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18

52.204-27

COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

PROHIBITION ON A BYTEDANCE COVERED

APPLICATON

AUG 2020

JUN 2023

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

(End of Addendum to 52.212-4)

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

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

[] (v) Alternate IV (JUN 2020) of 52.219–9.

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

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

[X] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

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

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

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

[] (33) 52.222–37,…