S02 36C26023Q0753.pdf

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

663-23-3-581-1303

36C26023Q0753

Adam Hill 3606195977 06-30-2023

15:00 EDT

36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X 100

X

541340

$8 Million

N/A

X

Department of Veterans Affairs American Lake VAMC See SOW 9600 Veterans Dr SW Joint Base Lewis-McChord, WA 98493

36C260

NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

American Lake VAMC requires CAD Updates to Life Safety System

See section SOW for full requirements.

See Section E.1 for quote preparation.

Provide responses to adam.hill3@va.gov

See CONTINUATION Page

663-3630162-581-850300-2542 010050100

X X

Michael Gamby

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

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

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

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

2018)

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

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATIONS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.212-2 BASIS OF SELECTION

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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:

b. GOVERNMENT: Contracting Officer 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon successful completion

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

http://www.tungsten-network.com/us/en/

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

AMENDMENT NO DATE

None

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

DESCRIPTION OF

SUPPLIES/SERVIC

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

R ES

1.00 JB ________________

Goal A: Walk 400,750 SF and note canges to provided CAD layouts PRINCIPAL NAICS CODE: 541340 - Drafting Services PRODUCT/SERVICE CODE: R420 - Support - Professional:

Certifications and Accreditations (Other Than Educational Institutions or Info Tech C&A)

Goal A: Update up to 100K SF in AutoCAD to reflect changes captured during site walk *note: changes more than 100K SF will be billed at 17 cents/SF PRINCIPAL NAICS CODE: 541340 - Drafting Services PRODUCT/SERVICE CODE: R420 - Support - Professional:

Goal B: Prepare initial life safety drawings PRINCIPAL NAICS CODE: 541340 - Drafting Services PRODUCT/SERVICE CODE: R420 - Support - Professional:

Goal C: Perform on site detailed survey to determine accuracy of life safety drawings PRINCIPAL NAICS CODE: 541340 - Drafting Services PRODUCT/SERVICE CODE: R420 - Support - Professional:

Goal D: Walk 400750 SF and note above and below ceiling deficiencies PRINCIPAL NAICS CODE: 541340 - Drafting Services PRODUCT/SERVICE CODE: R420 - Support - Professional:

Travel and reimbursables for contractor PRINCIPAL NAICS CODE: 541340 - Drafting Services PRODUCT/SERVICE CODE: R420 - Support - Professional:

GRAND TOTAL ________________

B.3 STATEMENT OF WORK

STATEMENT OF WORK (SOW)

as of 5/23/2023

1. Contract Title. VA Puget Sound – Update Existing Life Safety Drawings – CAD and life safety analysis

2. Background.

VA Puget Sound – American Lake Division (VAPSHCS-AML) was surveyed in March 2022 by the Annual Workplace Evaluation (AWE) conducted by VISN 20, and is preparing for the triannual Joint Commission (JC) Review. An outcome of the AWE indicated that current Life Safety Drawings (LSD) prepared in 2020 are not accurate compared to actual layout of the medical center. Accurate life safety drawings are essential in determining accurate egress pathways, fire safety designations, smoke compartments, and other safety considerations that affect every patient, visitor and staff member in the building. Additionally, accurate life safety drawings are a critical component in both the Safety and Facility Management programs.

An additional review by a life safety consultant, conducted during March 2022, resulted in a similar observation as the AWE survey. Inaccurate life safety drawings could be a significant deficient finding for the medical center in regards to JC review. The specific concerns noted by the life safety consultant regarding the LSD are as follows: 1) The drawings do not accurately reflect the layout of the buildings in the American Lake campus; 2) The existing drawings do not contain all notations, marking and measurements as required by NFPA 101; and 3) The existing drawings include extra designations that do not comply with any published guidelines. VAPSHCS does not currently staff personnel who are qualified to prepare the scope of updates recommended as a result of the life safety consultation.

Therefore, VAPSHCS seeks to engage contractor services to update the LSD.

3. Scope.

VAPSHCS seeks to engage contractor services to review the life safety drawings of the American Lake division. The campus size is approximately 400,750 sqft. VAPSHCS estimates up to approximately 100,000 sqft of changes to the baseline AUTOCAD drawings of the medical center. Following updates to the baseline AUTOCAD drawings of the medical center, VAPSHCS requests the contractor life safety specialist to survey the 400,750 sqft campus, and update the specific life safety documentation in compliance with NFPA 101. This includes all buildings on the American Lake campus, with priority given to buildings where direct patient care is offered (including Buildings 2,4,81,85,200,202,23,199,61,7) to be completed first, and other administrative and outlying buildings completed after.

VAPSHCS seeks work completion approximately 4 months after notice to proceed is granted.

VAPSHCS will provide as much existing documentation as possible as baseline for contractor site survey.

4. Specific Tasks.

VA Puget Sound seeks to engage a contractor to complete the following tasks, defined in the below sections. -- and each task is defined in the break down 5.1, 5.2 etc.

5.1 Task 1 – Field Verification and Update of AutoCAD drawings

5.1.1 Contractor shall evaluate, collage and organize all existing architectural drawings on a level-by level basis. Contractor shall complete the following:

- Verify existing conditions by using existing AutoCAD drawings, and conducting field verification surveys of each building, and each level of each building; including building perimeter, column grid, exterior walls, elevators, stairwells, shafts, ducts, chases, windows, doorways, and full-heigh interior partitions

- Collect room number information from the field and reconcile with existing CAD and blueprints.

- Verify and as necessary, create room number scheme consistent with existing room numbering scheme. All spaces including corridors, electrical closets, lobbies, vestibules, shafts, etc will be assigned a unique room number.

- All “redline” blueprints or CAD prints will be collected by Contractor, CAD drawings will be drawin in electronic vector based format in AutoCad version 2020 or later.

- A standard layering standard and line style standard will be implemented for every CAD document produced by the Contractor

- CAD drawings shall include gross square footage per building, and gross square footage per floor. These will be constructed by chasing the perimeter of each floor.

- Electronic measuring tools (i.e. Leica Disto) will be used ensure accurate measurements. When needed, measuring tapes will also be used in the field.

5.1.2 Assumptions

VAPSHCS will work with the Contractor to establish a method compliant with VA information security requirements to provide initial existing CAD drawings and life safety drawings as a baseline for the Contractor to update. The same method will be used to receive updated CAD drawings upon completion of Task 5.1.1

VA PSHCS estimated approximately 100,000 sqft of changes to the CAD drawings.

Deliverables: Updated CAD drawings of each building, and each floor of each building for AMERICAN LAKE campus up to 725,000 square feet.

5.2 Task 2. Prepare Life Safety Drawings

Upon completion of Task 1, Contractor shall add life safety elements of the American Lake campus. The essential components for an NFPA 101 2021 editition-compliant set of life safety drawings include the following essential components: Compartments, Suites, Fire/Smoke Barriers. Each component is described in subtask below.

5.2.1 Subtask 1. Compartments

Contractor shall assess each individual smoke compartment as defined by NFPA 101 2021 edition of the life safety code, with respect to size limitations and travel distance limitations. Each smoke compartment shall be shown graphically in the life safety drawing, whether it is fully, partially, or not sprinklered. Each smoke compartment shall be annotated with the following: total distance traveled to nearest exit from the most remote point, travel distance from the largest patient room to the exit access door, and travel distance from the nearest exit access room door to the nearest exit shown.

5.2.2 Subtask 2. Suites

Contractor shall verify areas designated as suites, as defined by NFPA 101 2021 edition of the life safety code. Each suite shall be evaluated for code compliance with with patient sleeping and non-sleeping suite arrangements. Each suite shall be shown graphically in the life safety drawings. Each suite shall be annotated with the following:

travel distances as required by NFPA 101 2021 edition, suite size, and the use of the suite (or name of the suite).

5.2.3 Subtask 3. Fire/Smoke Barriers

Contractor shall compare Facility-provided existing life safety drawings, and compare to CAD drawings developed in Task 1. Contractor shall update CAD drawings to include already-identified items, including rated smoke and fire walls, egress routes, compartments, suites, travel distances, etc, and acknowledge all equivalencies and waivers the medical center may possess.

Each building and floor in each building will show as appropriate the occupancy fire barrier separations, exterior exit doors, exit stairs/ramps (exterior and interior), smokeproof enclosures, horizontal exits, exit passageways, fire barriers, fire compartmentation separations, smoke barriers, hazardous areas, suites, vertical shafts, and linen/trash chutes per NFPA 101 2021 edition life safety code.

Deliverables: Update to CAD from Task 1 to include layer for life safety. This will reflect the existing life safety drawings and known information.

5.3 Task 3. Conduct field survey to determine accuracy of existing life safety drawing, and update as required

Upon completion of Task 2, Contractor shall conduct life safety review, with attention to Joint Commission accreditation and NFPA 101 2021 edition compliance.

5.3.1 Subtask 1: Field Verification

Contractor shall validate location of fire and smoke barriers. Contractor shall conduct an above ceiling inspection and validate existence of barrier and effectiveness. Based on the field survey, recommendations will be made to modify the Life Safety drawings to maximum effectiveness.

Contractor shall field verify location of fire extinguishers and pull boxes.

5.3.2 Subtask 2: Produce Life Safety Drawings

Contractor shall produce a final set of drawings that show all necessary information as required by NFPA 101 2021 edition and Joint Commission. The final set of Life Safety drawings shall include a legend that clearly identifies the following features:

- Marking/description of sprinklered and non-sprinklered areas

- Marking of areas that are hazardous

- Marking of fire-rated barriers/walls

- Marking of smoke barriers

- Marking of areas defined as a suite – include classification of suite and size of suite

- Marking of smoke compartments – include size of smoke compartment

- Marking of chutes and shafts

- Marking of travel distances to exit/compartments

- Markings for location of fire extinguishers

- Marking for location of pull boxes

- Statements for any known equivalencies or waivers the medical center may have

All markings shall be defined in a legend; markings to include patterns, shapes and colors as appropriate.

CAD drawings shall be layered to give Facility ability to show/hide elements. For example, a designated layer to show measurements that can be hidden to declutter for visual purposes. These layers shall be defined between Facility and Contractor.

Deliverables: Update to CAD from Task 2 to include updated layer for life safety. This will reflect the updated life safety drawings items discovered after life safety analysis.

5.4 Task 4. Perform Life Safety review to determine compliance with NFPA 101 2021 edition Life safety Code, as proscribed by the Joint Commission’s Life Safety Assessment requirements

5.4.1 Subtask 1 Above and below ceiling inspection

Contractor shall conduct an above and below ceiling inspection.

Below ceiling inspection comprises surveying all accessible areas and paces including roofs, penthouses, machine rooms, elevator machine rooms, interstitial spaces, shafts, chases, means of egress, and building separations.

Above ceiling inspection comprises, as conditions allow, shafts, chases, xit stairs, fire-rated walls, smoke barriers, and if required, corridor walls. The above ceiling inspection excludes 6-year damper inspection. For above ceiling inspection, select single ceiling tiles will be displaced, and Contractor shall visually inspect with flashlight for penetrations within line of site. Penetrations will be documented along fire rated walls, smoke barriers, and corridor walls. The inspection interval will be approximately 10 feet. If inspection cannot be conducted with removal of singular ceiling tile, Contractor shall arrange with Facility for use of containment unit.

5.4.1 Subtask 2 Develop deficiency report

Upon completion of subtask 1, Contractor shall develop a deficiency report identifying all actual deficiencies observed in the floor plan. Each deficiency identified on the floor plan will index to a deficiency in the deficiency report. Deficiencies may include: rated barriers, doors, exit signs, vertical openings, means of egress, dead end corridors, travel distance, and hazardous area identification. This list is not exhaustive.

Deliverables: Deficiency report – report shall list each deficiency.

Deficiency shall also be reflected in dedicated deficiency layer of life safety drawing from Task 3.

6. Performance Monitoring

Contractor shall establish with the COR a schedule for on site field verification tasks.

Contractor shall update the COR at least weekly about progress made during site survey, and later, for documentation preparation.

7. Security Requirements

The C&A requirements do not apply, and that a Security Accreditation Package is not required. Contractors will be escorted by FMS staffs during work performance.

8. Government-Furnished Equipment (GFE)/Government-Furnished Information

(GFI).

No GFE as part of this contract.

9. Other Pertinent Information or Special Considerations.

Contractor shall have specialization in Life Safety accreditation for hospitals

a. Identification of Possible Follow-on Work.

This contract scope is limited to VAPSHCS American Lake campus only. Similar past work was completed in VAPSHCS Seattle.

b. Identification of Potential Conflicts of Interest (COI).

COR has no conflicts of interest to disclose.

c. Identification of Non-Disclosure Requirements.

Contractor shall have copies of current VAPSHCS Life Safety Drawings, which form the baseline of the work conducted. At the end of the contract, Contractor will have produced updated layout and life safety drawings of VAPSHCS.

d. Packaging, Packing and Shipping Instructions.

Contractor shall provide digital copies of Life Safety Drawings in CAD format and PDF format.

Contactor shall provide two (2) color copies of Life Safety Drawings in large size.

e. Inspection and Acceptance Criteria.

Drawings and deficiency report will be reviewed in meeting with Contractor, COR, and other facility representatives (i.e. Safety service, Quality, Safety and Values Service Line) prior to acceptance, for compliance with NFPA 101 2021 edition.

10. Risk Control

When on site, Contractor shall be escorted at all times. As much as possible, site survey will not disturb patient care. As much as possible, Contractor and COR will determine a schedule for minimal disruption in patient care spaces. This may include limited after hours and weekend work if absolutely necessary. Contractor shall abide by all personal protective equipment (PPE) requirements as appropriate.

When conducting above ceiling inspections, Contractor is expected to only manipulate a single ceiling tile. If further disturbance is required, Facility will work with Contractor to establish infection control risk assessment (ICRA) and appropriate containment unit.

11. Place of Performance.

Work shall take place at VA Puget Sound Healthcare System, American Lake division only. Address: 9600 Veterans Drive, Tacoma WA 98493.

12. Period of Performance.

Requested start Date: July 1. 2023.

Expected end date: November 30, 2023.

This contract is for a single activity, no option years are anticipated.

13. Delivery Schedule.

SO

W

Task

Deliverable Title Format Number

Calendar Days After CO Start

Updated CAD drawings of each building, and each floor of each building for AMERICAN LAKE campus up to 1.1M square feet.

CAD file, digital 1 Approx. 4 weeks for Task 1

Update to CAD from Task 1 to include layer for life safety. This will reflect the existing life safety drawings and known information.

CAD file, digital 1 Approx 2 weeks for Task 2

Update to CAD from Task 2 to include updated layer for life safety.

CAD file, digital 1 Approx 4 weeks for Task 3

Deficiency report

– report shall list each deficiency.

Deficiency shall also be reflected in dedicated deficiency layer of life safety drawing

1. CAD file, digital

2. Print out of Life Safety Drawing, layers to be determined

1. 1 copy

2. 2 copies

Approx 3 weeks for Task 4 from Task 3.

* Standard Distribution: 1 copy of the transmittal letter without the deliverable to the Contracting Officer shall be

Emailed.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.227-18 RIGHTS IN DATA—EXISTING WORKS DEC 2007

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

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

(1) Means a small business concern—

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

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

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

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/;

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

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

https://www.vetbiz.va.gov/vip/

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

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

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

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

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

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases).

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

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

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

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

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

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

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

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

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

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

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

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

(End of Clause)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

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

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

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

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

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract.