S02-ATTACHMENT S02 RFQ FY26 DIESEL FUEL QUALITY TESTING.pdf

36C24825Q1126

Table of Contents

SECTION B – ATTACHMENT S02 RFQ FY26 DIESEL FUEL QUALITY TESTING

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...20

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

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

(DEVIATION)

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

2018)

C.7 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C248

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

VA Caribbean HCS

#10 Calle Casia

San Juan PR 00921-3201

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] After Inspection/Acceptance is completed.

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. https://www.tungsten-network.com/customer-campaigns/veteransaffairs/

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

AMENDMENT NO DATE

https://www.tungsten-network.com/customer-campaigns/veteransaffairs/

B.2 PERFORMANCE WORK STATEMENT

I. INTRODUCTION:

The contractor shall conduct annual certifications for diesel tanks and inspect equipment to certify all underground and above-ground diesel tanks located at the

Veterans Affairs Medical Centers (VAMC) in San Juan, as well as at the Ponce

Outpatient Clinic (POPC), Mayaguez Outpatient Clinic (MOPC), and Carolina

Warehouse in Puerto Rico.

II. PERIOD OF PERFORMANCE:

The period of performance will be a twelve (12) month base period, with a fourth

(4) twelve (12) month option period.

III. SERVICES INFORMATION:

a. Objectives:

i. The purpose of this contract is to provide testing, analysis, and certification of

#2 diesel fuel quality stored in tanks throughout the Veterans Administration

Caribbean Healthcare System (VACHS), PR, to the American Society for

Testing and Materials (ASTM) standards. Testing is required to ensure conformity of the fuel, that it is suitable for its intended uses, and that it is not compromised.

ii. The contractor shall provide all services in accordance with and compliant with the latest standards, rules, regulations, and laws, including but not limited to

The Joint Commission (TJC) standard EC.02.05.07 EP 8, National Fire

Protection Association (NFPA) 110-2010:8.3.8, and ASTM.

b. Requirements:

i. The Contractor shall conduct Diesel #2 quality testing in 14 separate

Underground Storage Tanks (UST) and Aboveground Storage Tanks (AST) located throughout VACHS San Juan at:

1. UST #3 next to the main chiller plant

2. UST #6 next to gas station (gate #4)

3. UST #7 next to gas station (gate #4)

4. UST #8 next to gas station (gate #4)

5. UST #9 next to gas station (gate #4)

6. UST #10 next to gas station (gate #4)

7. AST Emergency Generator at the Administrative Building

8. AST Emergency Generator at the OPA Building

9. AST Emergency generator at the CLC Building

10. AST Emergency generator at the SBT Building

11. UST #11 next to the main chiller plant

12. UST #12 next to the main chiller plant

13. UST #13 next to the main chiller plant

14. UST #14 is next to the main chiller plant

ii. The Contractor shall conduct Diesel #2 quality testing at three (3) geographically separated locations:

1. One UST at the Mayaguez Outpatient Clinic

2. Two AST at the Ponce Outpatient Clinic

3. One AST at the Carolina Warehouse.

iii. The Contractor shall submit a written Certificate of Analysis report, performed by a credible fuel laboratory, outlining the test performed, the corresponding

ASTM number for each test, along with the sample results and the standardized limits. The report shall contain the following results, among others:

1. WATER CONTENT

2. SEDIMENT & WATER

3. API GRAVITY

4. FLASH POINT

5. SULFUR

6. CETANE INDEX

7. APPEARANCE

8. 90% DISTILLATION RECOVERY

9. 50% DISTILLATION RECOVERY

10. MICROBIAL

11. CORROSION COPPER STRIP

iv. Written results for all samples shall be provided to the Contracting Officer and the Contracting Officer Representative within ten working (10) days of sample pickup unless authorized otherwise. Written reports shall contain the information requested above, plus any remarks indicating any departure from standard procedure or anything unusual about the sample which might indicate a questionable result.

v. Resampling of all test parameters will be required for any tank(s) from which results demonstrated concentrations above the recommended thresholds.

Contract Officer (CO) or Government Point of Contact (GPOC) will coordinate with the contractor for resampling of specified tank(s) after remedial actions.

vi. The contractor shall be equipped with the test instruments and tools required to perform all the work.

vii. The contractor shall adequately perform the specified services to furnish all necessary equipment, materials, labor, and supervision.

IV. QUALIFICATIONS

a. ISO Certification: The testing laboratory must be ISO 17025 accredited. This accreditation ensures that the laboratory operates competently and generates valid results.

b. ASTM Certification: The vendor shall follow ASTM International standards (i.e., ASTM D975 for diesel fuel, ASTM D4814 for gasoline, etc.). Certification or proof of compliance with ASTM standards must be provided.

V. GENERAL

a. The Contractor shall provide evidence of previous experience, and they are regularly established in the business called for, who are financially responsible, and able to show evidence of their reliability, ability, experience, facilities, and personnel directly employed or supervised by them to render prompt and satisfactory service. Personnel trained and experienced in providing service/maintenance on the equipment identified above shall perform all the work.

b. All travel costs associated with the performance of this contract are the responsibility of the Contractor, provided at no additional cost to the Government as part of this contract. Travel costs are defined as, but are not limited to, time and vehicle costs for personnel travelling to and from the job site for all duties outlined in this specification, normal shipping charges on any parts or materials covered by this contract, costs associated with the normal shipping of parts or equipment out for repair that are covered under this contract, etc.

c. The Government will not be responsible for incidental charges, including, but not limited to, parking, tolls, mileage, phone, etc., on straight time or overtime work.

VI. FEDERAL HOLIDAYS: In accordance with 5 U.S.C. 6103, Executive Order 11582, and Public Law 94-97, the following national holidays are observed and, for this Contract, are defined as "Legal Federal, official holidays”:

a. New Year's Day, January 1.

b. Martin Luther King, Third Monday of January.

c. Washington’s Birthday, 3rd Monday in February

d. Good Friday, President's Day, Third Monday in February.

e. Memorial Day, Last Monday of May.

f. Independence Day, July 4.

g. Labor Day, First Monday of September.

h. Columbus Day, Second Monday of October.

i. Veteran's Day, November 11.

j. Thanksgiving Day, Fourth Thursday in November.

k. Christmas Day, December 25

VII. SAFETY REQUIREMENTS:

a. Containment: During work, precautions must be taken to ensure the patient's and employees’ safety.

b. The Contractor shall assure that its employees have received safety equipment training, medical surveillance programs, individual health protection measures, and manufacturer’s product and material safety data sheets as required for the work by the U.S. Occupational Safety and Health Administration. The Contractor should comply with applicable additional safety codes and standards.

c. Measures shall be taken to control odors and/or mist vapors during the process.

d. All vendor/contract personnel must report to the Police Service to identify themselves upon entering the VACHS facility and to carry the identification card throughout the entire period while providing the service.

VIII. HEALTH AND SAFETY:

a. The contractor shall adhere to all federal, state, and local regulations to ensure the safety of its employees, building occupants, and the environment. All applicable OSHA standards must be followed during this project.

b. Occupants' Safety: No process or materials shall be employed in such a manner that they will introduce additional hazards into occupied space.

c. The Contractor shall adhere to all OSHA, EPA, NFPA Life Safety Codes, and all other regulatory requirements.

d. In performance of this contract, the Contractor shall follow VAMC safety policy and standard for safe work practices and take such safety precautions as the Safety Officer or designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with the VAMC smoking policy, which designates all interior spaces as non-smoking areas.

e. Patient, employee, visitors, and contractor personnel safety shall always be maintained. The contractor is responsible for the occupational safety and health of his/her employees. The Contractor shall comply with all applicable OSHA safety and health standards.

f. The Contractor shall submit to the Contracting Officer, before the start of the contract, the Material Safety Data Sheets (MSDS) for all potentially hazardous materials (lubricants, cleaners, working fluids, etc.) to be used in the facility in performance of the contract, and will not use, in the facility, such materials which have not been so cleared in advance with the VAMC. MSDS for new chemicals shall be furnished concurrently with the arrival of the chemical on site. The Contractor shall maintain a copy of all MSDS at the chemical storage site in a location accessible to VAMC personnel to ensure compliance with all laws and requirements regarding the "Right to Know" law.

g. The Contractor is responsible for identifying, providing, and maintaining all personal protective equipment required to perform the duties outlined in the contract. In addition, the contractor is responsible for identifying and providing all applicable safety programs (i.e., lockout/tag out, confined space entry, universal precautions, etc.) required to perform the work. Training on required safety programs and the proper use of PPE shall be provided, and documentation shall be maintained by the contractor.

h. The Contractor shall obtain a Hot Work Permit from the Safety Office whenever soldering, welding, using a cutting torch, or other open flame, spark, or heat-producing equipment. The contractor is required to follow ALL the requirements outlined for the issuance of the Hot Work Permit.

i. If the Government notifies the Contractor of any non-compliance with the previous provisions, the contractor shall, after receiving receipt of such notice, immediately correct the condition and inform the contracting officer in writing that the condition has been corrected. If, in the opinion of the Safety Officer or designee, the condition is life-threatening, he/she shall instruct the contractor to stop work until the condition has been corrected. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order halting all or any part of the work, and the Contractor may be held in default. The Contractor bears all stop-work time and the costs of correcting safety hazards.

j. The contractor shall provide, within ten (10) working days after receipt of this contract, a detailed listing of the following information:

I. Safety program/procedures are required to be followed by the contractor's personnel in the performance of their duties and when such procedures are required.

II. Listing of personal protective equipment(s) required to be utilized by the contractor's personnel in the performance of their duties. Also, when equipment will be required.

III. Material Safety Data Sheet (MSDS) for any chemical(s) utilized by the contractor in the performance of this contract.

k. The Contractor is responsible for the supervision of all their employees while on government property. It is the Contractor's responsibility to ensure compliance with the scope of work and requirements referenced in this contract. Provisions provided in the scope of work are not intended to relieve the Contractor of this responsibility.

IX. INJURY OR ACCIDENT:

a. As defined by OSHA, EPA, NFPA Life Safety Codes, and all other regulatory requirements, any incident of a major malfunction, accident, or injury, a written report shall be submitted by the Contractor to the VAMC within five (5) working days following the incident. The report shall state the cause, what, where, and when, and why the incident happened, and the repairs and tests that were or are to be made to correct the cause of the incident.

X. ADDITIONS AND DELETIONS:

a. Diesel tanks, equipment, and locations may be added, modified, or removed from the scope of services during the performance period of this contract via a supplemental agreement.

b. Any modification, addition, or deletion shall be documented and incorporated into the contract through a supplemental agreement, executed and authorized by the Contracting Officer. No change to the scope of services shall be considered valid unless formally approved in writing.

c. The Contractor shall immediately notify the contracting office and contracting officer's representative (in writing) of the existence of the development of any defects in, or repairs required, which the contractor considers he is not responsible for under the terms of the contract and shall furnish him a written estimate of the cost to make necessary repairs. The contracting officer reserves the right to make the final determination of the responsibility. The contacting officer also reserves the right to solicit the services of other contractors to make said repairs.

d. The Government reserves the right to perform emergency repairs if, in the

Government's opinion, it jeopardizes patient or employee safety.

XI. POINT OF CONTACT:

a. For additional information, the contractor shall contact Eng. Carlos R. Ruiz Rosado, O&M Engineer at: 787-641-7582 x-110425 or at carlos.ruizrosado@va.gov.

XII. VA INFORMATION CUSTODIAL LANGUAGE:

a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

b. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

XIII. SECURITY INCIDENT INVESTIGATION:

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement.

The contractor, its employees, and subcontractors, along with their employees, shall cooperate with the VA and any law enforcement authority responsible for investigating and prosecuting any possible criminal violations associated with the incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

14.00 EA __________________ __________________

The contractor shall perform diesel fuel quality testing, analysis, and certification on 14 underground storage tanks (USTs) and above-ground storage tanks (ASTs). According to the terms and conditions.

Contract Period: Base POP Begin: 10-16-2025 POP End: 10-15-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H942 - Other Quality Control, Testing, and Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

4.00 EA __________________ __________________

certification on 4 underground storage tanks (USTs) and above-ground storage tanks (ASTs): one at the Carolina warehouse, two at POPC, and one at MOPC. According to the terms and conditions.

Contract Period: Base POP Begin: 10-16-2025 POP End: 10-15-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H942 - Other Quality Control, Testing, and certification on 14 underground storage tanks (USTs) and above-ground storage tanks (ASTs). According to the terms and conditions.

Contract Period: Option 1 POP Begin: 10-16-2026 POP End: 10-15-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H942 - Other Quality Control, Testing, and certification on 4 underground storage tanks (USTs) and above-ground storage tanks (ASTs): one at the Carolina warehouse, two at POPC, and one at MOPC: one at the Carolina warehouse, two at POPC, and one at MOPC. According to the terms and conditions.

Contract Period: Option 1 POP Begin: 10-16-2026 POP End: 10-15-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H942 - Other Quality Control, Testing, and certification on 14 underground storage tanks (USTs) and above-ground storage tanks (ASTs). According to the terms and conditions.

Contract Period: Option 2 POP Begin: 10-16-2027 POP End: 10-15-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H942 - Other Quality Control, Testing, and certification on 4 underground storage tanks (USTs) and above-ground storage tanks (ASTs): one at the Carolina warehouse, two at POPC, and one at MOPC: one at the Carolina warehouse, two at POPC, and one at MOPC. According to the terms and conditions.

Contract Period: Option 2 POP Begin: 10-16-2027 POP End: 10-15-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H942 - Other Quality Control, Testing, and certification on 14 underground storage tanks (USTs) and above-ground storage tanks (ASTs). According to the terms and conditions.

Contract Period: Option 3 POP Begin: 10-16-2028 POP End: 10-15-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H942 - Other Quality Control, Testing, and certification on 4 underground storage tanks (USTs) and above-ground storage tanks (ASTs): one at the Carolina warehouse, two at POPC, and one at MOPC: one at the Carolina warehouse, two at POPC, and one at MOPC. According to the terms and conditions.

Contract Period: Option 3 POP Begin: 10-16-2028 POP End: 10-15-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services certification on 14 underground storage tanks (USTs) and above-ground storage tanks (ASTs). According to the terms and conditions.

Contract Period: Option 4 POP Begin: 10-16-2029 POP End: 10-15-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H942 - Other Quality Control, Testing, and certification on 4 underground storage tanks (USTs) and above-ground storage tanks (ASTs): one at the Carolina warehouse, two at POPC, and one at MOPC: one at the Carolina warehouse, two at POPC, and one at MOPC. According to the terms and conditions.

Contract Period: Option 4 POP Begin: 10-16-2029 POP End: 10-15-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H942 - Other Quality Control, Testing, and

14.00 EA NSP NSP

certification on 14 underground storage tanks (USTs) and above-ground storage tanks (ASTs). According to the terms and conditions.

Government option to extend service after the Base period or any Option Period in accordance with FAR 52.217-8 Option to Extend Services (NOV 1999), Non-Separately Price Price (NSP).

PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H942 - Other Quality Control, Testing, and

4.00 EA NSP NSP

certification on 4 underground storage tanks (USTs) and above-ground storage tanks (ASTs): one at the Carolina warehouse, two at POPC, and one at MOPC: one at the Carolina warehouse, two at POPC, and one at MOPC. According to the terms and conditions.

Government option to extend service after Base period or any Option Period in accordance with FAR 52.217-8 Option to Extend Services (NOV 1999), Non-Separately Price Price (NSP).

PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

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

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

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend it to at least 30 days before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

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

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

(DEVIATION)

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

(1) Means a small business concern—

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

802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled

Veteran with permanent and severe disability, the spouse or permanent caregiver of such

Veteran;

(iii) The business meets Federal small business size standards for the applicable North

American Industry Classification System (NAICS) code identified in the solicitation document;

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

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business

Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

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

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

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

U.S.C. 632(q)(2)).

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

(b) General. In order for a concern to submit an offer and be eligible for the award of an

SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR

128.

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

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the

SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified

SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the

SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13

CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or

852.219–76 as applicable). These requirements are summarized as follows:

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

(2) Supplies/products.

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

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

125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

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

SDVOSBs listed in the SBA certification database.

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

SDVOSBs listed in the SBA certification database.

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

CFR 125.6.

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

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

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

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

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

First Contracting Program.

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

(End of Clause)

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

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

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

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

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA…