S02 Combined Synopsis-Solicitation 36C24725Q0451.docx
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- Annual Certification and Maintenance Services Federal contract opportunity
- Solicitation number
- 36C24725Q0451
About this file
This document is a Combined Synopsis-Solicitation for an Annual Certification and Maintenance Services contract issued by the Department of Veterans Affairs. The solicitation (36C24725Q0451) is a total set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) with a NAICS code of 541380 and small business size standard of $19.0 Million. The contract will support the Ralph H. Johnson VA Medical Center in Charleston, South Carolina, and requires certification and maintenance services for research service hoods, including fume hood certification, HEPA filter certification, biosafety cabinet certification, animal changing station certification, and laminar air flow hood certification.
The contract period spans five years from March 28, 2025, to March 27, 2030, with a base year and four one-year option periods. Contractors must be registered in the System for Award Management (SAM) and submit quotes including a technical approach, past performance information, and pricing schedule. The government will evaluate offers based on technical capability, price, and past performance, using a comparative evaluation process. Quotes are due by March 20, 2025, at 12:00 PM Eastern Time, and must be submitted via email to the contract specialist, Monica Reed.
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36C24725Q0451
| SUBJECT* |
| Annual Certification and Maintenance Services -Base plus Four |
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 36109-3798 |
| SOLICITATION NUMBER* |
| 36C24725Q0451 |
| RESPONSE DATE/TIME/ZONE |
| 03-20-2025 12:00pm EASTERN TIME, NEW YORK, USA |
| ARCHIVE |
| 15 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
| SET-ASIDE |
| SDVOSBC |
| PRODUCT SERVICE CODE* |
| H166 |
| NAICS CODE* |
| 541380 |
| CONTRACTING OFFICE ADDRESS |
| Department of Veterans Affairs |
Central Alabama Veterans Health Care
215 Perry Hill Road Montgomery AL 36109-3798
POINT OF CONTACT*
Contract Specialist Monica Reed Monica.Reed@va.gov Email Only
PLACE OF PERFORMANCE
ADDRESS
Charleston VA Healthcare System
Ralph H. Johnson VA Medical Center
109 Bee Street
Charleston South Carolina
| POSTAL CODE |
| 29401 |
| COUNTRY |
| USA |
ADDITIONAL INFORMATION
| AGENCY’S URL |
| https://www.va.gov |
| URL DESCRIPTION |
| https://www.va.gov |
| AGENCY CONTACT’S EMAIL ADDRESS |
| Monica.Reed@va.gov |
| EMAIL DESCRIPTION |
| Monica.Reed@va.gov |
DESCRIPTION
Combined Synopsis/Solicitation for Annual Certification and Maintenance Services
I. This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.
II. Solicitation number 36C24725Q0451 is issued as a Request for Quotations (RFQ).
III. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03.
IV. This acquisition is a Total Set-Aside for Service-Disabled Veteran Owned Small Businesses (SDVOSB). The North American Industry Classification System (NAICS) code is 541380 - Testing Laboratories and Services with a small business size of $19.0 Million. The Service Code is H166- Quality Control- Instruments and Laboratory Equipment
V. Quoters must be registered in the System for Award Management (SAM) at https://sam.gov at the time of quotation submission to be considered for award.
VI. Department of Veterans Affairs, Network Contracting Office 07, Located at 215 Perry Hill Road Montgomery, Alabama 36109, in support of the Ralph H. Johnson VA Medical Center, is requesting quotations for Annual Certification and Maintenance Services. The Offeror shall submit prices for Annual Certification and Maintenance Services for one base-year and four one-year option periods. The estimated period of performance for this requirement is March 28, 2025, to March 27, 2030.
VII. Description and Pricing Schedule: Contractor shall provide all labor, material, and equipment necessary to perform certifications, testing and/or repairs as needed by the Ralph H. Johnson VA Medical Center located at 109 Bee Street, Charleston, South Carolina 29401, for Research Service hoods: Fume hood certification, HEPA filter certification, Biosafety cabinet certification, Animal Changing Station certification, Laminar air flow hood certification. Contractor shall respond and be on-site ready to deliver services at the requested time of service. All interested SDVOSBs shall quote the unit price (i.e., the price per job) on the attached Pricing Schedule.
VIII. FAR 52.212-1 Instructions to Quoters— Commercial Products and Commercial Services (SEP 2023) apples to this acquisition.
Addendum to FAR 52.212-1 Instructions to Quoters—Commercial Items
Provisions 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 (CO) will make their full text available. The version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.
OFFER SUBMITTAL INSTRUCTIONS:
| 1) | Quoters shall submit offers by Due Date/Time specified in section XIV. Late quotes will not be considered except as IAW VAAR 852.273-70 - Late Offers (NOV 2021). |
| 2) | Quoters shall acknowledge all amendments to the solicitation and include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations, or information, or reject the terms and conditions of the solicitation may be excluded from consideration. |
| 3) | Quoters shall complete the attached Price Schedule. |
| 4) | Quoters shall submit a description of the technical approach that will be utilized to meet the Government’s requirement (not to exceed three pages). |
| 5) | Quoters shall submit past performance information (contract number, agency, and dollar value) for no more than two recent (performed within the past three years) and relevant (similar services and magnitude) commercial or federal contracts for the same or similar services. Quoters shall identify if no past performance information exists (not to exceed two pages per contract reference). |
| 6) | Quoters shall complete 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction. |
| 7) | Quoter agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of quotes. |
Offers received that do not comply with the terms and conditions of the solicitation and/or have missing documentation may be considered non-compliant and eliminated from evaluation. The CO will not notify unsuccessful quoters that responded to this RFQ.
IX. FAR 52.212-2 Evaluation-Commercial Items (NOV 2021) applies to this acquisition.
Addendum to 52.212-2 Evaluation—Commercial Products and Commercial Services
(a) Basis for Award. The Government will issue a purchase order to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
(b) The following factors shall be used to evaluate quotations:
(1) technical capability to meet the Government’s performance requirement
(2) price
(3) past performance
(c) Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:
(1) Technical: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s performance requirements identified in the SOW and outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.
(2) Price: The Government will evaluate the price by adding the total of all line-item prices, including all options. The total evaluated price will be that sum.
(3) Past Performance: The past performance evaluation will assess the relative risks associated with a quoter’s likelihood of success in fulfilling the solicitation’s requirements as indicated by the quoter’s record of past performance. The past performance evaluation may be based on the contracting officer’s knowledge of and previous experience with the service being acquired; Customer surveys, and past performance questionnaire replies; Contractor Performance Assessment Reporting System (CPARS) at http://www.cpars.gov/; or any other reasonable basis.
(d) Options. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
X. FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (NOV 2023) applies to this acquisition.
Addendum to FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (NOV 2023) The following provisions and clauses are incorporated into FAR 52.212-4 as an addendum:
FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-17 Ownership or Control of Offeror(AUG 2020) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-20 Predecessor of Offeror (AUG 2020) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) FAR 52.217-5 Evaluation of Options (JUL 1990) FAR 52.217-8 Option to Extend Services (NOV 1999) 30 days of contract expiration.
FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 30 days, 60 days FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) FAR 52.228-5 Insurance-Work on a Government Installation (JAN 1997) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) https://www.acquisition.gov/browse/index/far (FAR) and https://www.acquisition.gov/vaar (VAAR) VAAR 852.201-70 Contracting Officer’s Representative (DEC 2022) VAAR 852.203-70 Commercial Advertising (MAY 2018) VAAR 852.209-70 Organizational conflicts of Interest (OCT 2020) VAAR 852.219-73 VA Notice to Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses (JAN 2023) (DEVIATION) VAAR 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction (NOV 2022) VAAR 852.232-72 Electronic Submission of Payment Requests (NOV 2018) VAAR 852.242-71 Administrative Contracting Officer (OCT 2020) VAAR 852.273-70 Late offers (NOV 2021)
XI. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (JAN 2025) apples to this acquisition. The additional clauses below are incorporated by reference.
FAR 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023).
FAR 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020).
FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JAN 2025).
52.219-8, Utilization of Small Business Concerns (JAN 2025) FAR 52.219-27, Notice of Set-Aside for, or Sole Source to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024).
FAR 52.219-28, Post Award Small Business Program Representation (JAN 2025).
FAR 52.222-3, Convict Labor (JUN 2003).
FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015).
FAR 52.222-26, Equal Opportunity (SEP 2016).
52.222-37, Employment Reports on Veterans (Jun 2020) FAR 52.222-41, Service Contract Labor Standards (AUG 2018) FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)
GS-5, $19.96
FAR 52.222-50, Combating Trafficking in Persons (NOV 2021).
FAR 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021).
FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024).
FAR 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018).
XII. VAAR 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008)
The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the Contracting Officer.
VAAR 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction (NOV 2022)
XIII. This is not a Defense Priorities and Allocations System (DPAS) rated requitement.
XIV. Quotations are due March 19, 2025, by 12:00 p.m., ET.
XV. Submit quotations to the attention of the Contract Specialist, Monica Reed via email at: Monica.Reed@va.gov. Inquiries submitted via telephone will not be accepted.
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice
| *= Required Field |
| Combined Synopsis/Solicitation Notice |
Combined Synopsis/Solicitation Notice
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
534-25-2-7131-0296 36C24725Q0451 03-12-2025 Monica Reed Email 03-20-2025 12:00pm
EDT
36C247 Department of Veterans Affairs Central Alabama Veterans Health Care 215 Perry Hill Road Montgomery AL 36109-3798 X X 541380 $19 Million N/A X Charleston VA Healthcare System Ralph H. Johnson VA Medical Center 109 Bee Street Charleston SC 29401 36C247 Department of Veterans Affairs Central Alabama Health Care System East Campus 2400 Hospital Road Tuskegee AL 36083-5001
Department of Veterans Affairs
FMS-VA-2(101)
Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page This requirement is for Annual Certification and Maintenance services to the Ralph H.
Johnson VA Medical Center.
See Statement of Work and Section B.2 Base Year 03/28/2025 to 03/27/2026 Please contact Monica Reed for all Requests for information at Monica.Reed@va.gov by March 17, 2025 at 1:00 PM ET No late submissions will be ACCEPTED.
Responses will be accepted.
See CONTINUATION Page 534-365/60161-7131-810500-2543 810010100 x X X Earnest Ellison Contracting Officer, NCO-07 Page 1 of Table of Contents
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 11 |
| B.1 CONTRACT ADMINISTRATION DATA | 11 |
| Statement of Work | 13 |
| B.2 PRICE/COST SCHEDULE | 20 |
| ITEM INFORMATION | 20 |
| B.3 DELIVERY SCHEDULE | 30 |
| SECTION C - CONTRACT CLAUSES | 33 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 33 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 38 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 39 |
| C.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 39 |
| C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 39 |
| C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 42 |
| C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 44 |
| C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 45 |
| C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 45 |
| C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) | 46 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 55 |
| Wage Determination | 55 |
| SECTION E - SOLICITATION PROVISIONS | 66 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 66 |
| ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 70 |
| E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 71 |
| E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) | 73 |
| E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 91 |
| E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 94 |
| E.6 52.216-1 TYPE OF CONTRACT (APR 1984) | 95 |
| E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 95 |
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 36C247 Earnest Ellison Department of Veterans Affairs Central Alabama Veterans Health Care 215 Perry Hill Road Montgomery AL 36109-3798
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] In Arrears; after services performed |
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.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
Statement of Work
STATEMENT OF WORK
Annual Certification and Maintenance Contract for Laboratory Containment Equipment at the Ralph H. Johnson VA Health Care System
1. Background
The Ralph H. Johnson VA Health Care System is committed to maintaining the highest standards of safety and efficacy in its research environments. Given the critical nature of the work conducted within our facilities, it is imperative that all containment and ventilation equipment operate at peak performance levels to ensure safety of personnel and guarantee integrity of our research. This contract seeks to uphold these high standards through the annual certification and maintenance of the various hoods and containment systems, including biosafety cabinets, chemical fume hoods, animal cage change stations, and others. Such certifications are not only a compliance requirement but are crucial in preventing contamination, ensuring accurate research results, and, most importantly, protecting laboratory personnel from exposure to hazardous agents.
Contractor shall provide annual hood certifications (e.g., biosafety cabinets, chemical fume hoods, laminar flow hoods, animal changing stations) and any repairs (as-needed).
2. Place of Performance
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, South Carolina 29401-5703
3. Period of Performance
Base Year: 28 March 2025 through 27 March 2026 Option Year 1: 28 March 2026 through 27 March 2027 Option Year 2: 28 March 2027 through 27 March 2028 Option Year 3: 28 March 2028 through 27 March 2029 Option Year 4: 28 March 2029 through 27 March 2030
4. Description of Deliverables
| Item |
| Task Description |
| Qty. |
| 1.1 |
| Biosafety Cabinet (A2) - Test |
| 22 |
| 1.2 |
| Fume Hood - Test, AIHA/ANSI Z9.5 |
| 24 |
| 1.3 |
| Fume Hood (Ductless) - Test |
| 1 |
| 1.4 |
| Biosafety Cabinet (A2) – Test: Additional Certifications as needed |
| 5 |
| 1.5 |
| Repairs/Adjustments: Contingency for repairs throughout the year |
| 1 |
| 1.6 |
| Animal Change Station - VMU |
| 8 |
| 1.7 |
| Laminar Flow Unit - VMU |
| 1 |
| 1.8 |
| TAF - Leak Test Only: Inline HEPA Test VMU |
| 85 |
| 1.9 |
| Per Diem |
| 8 |
5. Scope of Work
Contractor shall provide all labor, material, and equipment necessary to perform certifications, testing and/or repairs as needed by the Ralph H. Johnson VA Medical Center for Research Service hoods: Fume hood certification, HEPA filter certification, Biosafety cabinet certification, Animal Changing Station certification, Laminar air flow hood certification. Contractor shall respond and be on-site ready to deliver services at the requested time of service.
6. Specific Tasks
Contractor is to accomplish the following certifications for RHJ VA Healthcare System CS Research Service hoods: Fume hood certification, HEPA filter certification, Biosafety cabinet certification, Animal Changing Station certification, Laminar air flow hood certification, and any needed repairs as communicated between contractor and RHJ VA Healthcare System Research Service. Contractor is to provide certifications at the time of solicitation response submission.
7. Maintenance Conformance Standards
Contractor shall ensure that the equipment functions in conformance with the specifications used when the equipment was procured and is operating to manufacturer specifications, as well as most current published standards/specifications/regulations, such as:
· Manufacturer’s specifications
· National Fire Protection Agency 99 (NFPA99) and 70 (NFPA 70)
· Original Equipment Manufacturer (OEM)
· Occupational Safety and Health Administration (OSHA)
· NSF International Standard/American National Standards Institute (NSF/ANSI)
· Any other Federal, State, and Local regulations pertaining to the equipment listed for this contract.
8. Service Manuals/Tools/Equipment
The Ralph H. Johnson VAHCS shall not provide tools, test equipment, service manuals, or service diagnostic software to the contractor. Contractor shall provide all tools, test equipment, service manuals, and/or service diagnostic software. Contractor shall obtain, record, and provide all operational and technical documentation that are necessary to meet the performance requirements of this contract. The location and listing of the service manuals and records shall be provided to the Ralph H. Johnson VAHCS upon request.
Contractor shall provide the Ralph H. Johnson VAHCS copies of all documentation that pertains to any hardware, software, or repair. Contractor shall provide copies of latest version(s) of all technical documentation and licensing agreements (if applicable).
9. Documentation and Reports
At completion of each service call, Contractor shall provide a detailed service report, which should, at minimum, document the following information legibly and in complete detail:
a. Name of contractor and contract number
b. Name of the technician performing services
c. Contractor Service number
d. Date, time, and hours on-site for service call
e. Identification of the equipment serviced: ID number, manufacturer’s name, device name, model number, serial number, and any other Manufacturer’s identification numbers
f. Description of any problems
g. Any additional charges claimed must be approved by RHJ VAHCS Research Service before service has commenced
10. Reporting Requirements
Contractor shall report to Research Service to check-in. Contact persons are: Ryan Kelly (Biosafety Officer; 843-789-6713, STB432), Amanda LaRue (ACOS-R, 843-789-6707, STB153), or Alicia Braxton (VMO, STB151). The contractor shall provide their telephone numbers to these contact persons to allow for prompt communication when on-site.
11. Condition of Equipment
Contractor shall accept responsibility for the equipment described in this contract in “as is” condition. Failure to inspect the equipment prior to contract award will not relieve the Contractor from performance of the requirements of this contract.
12. Competency of Personnel Servicing Equipment
a. Contractor shall provide “fully qualified” technicians who have been appropriately trained in a documented manner to sufficiently perform the work described in this contract. For training, the technicians must have completed a formalized training program. For field experience, the technician performing this work must have a minimum of one years of supervised experience with respect to scheduled and unscheduled preventative and remedial maintenance prior to performing solo work as related to this contract unless otherwise approved by Facility person of contact.
b. The Contractor shall be the point of contact for performing the maintenance services. All work shall be performed by “Fully Qualified” competent personnel provided and trained by the Contractor. Contractor shall provide written assurance of training competency of their personnel. Research Service and/or Contracting Official may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any Ralph H. Johnson VAHCS equipment. The CO and/or Facility POC specifically reserve the right to reject any of the Contractor’s personnel and refuse them permission to work on the Ralph H. Johnson VAHCS for any reason and at any time.
c. If a subcontractor is to be used, they must be approved by the Contracting Officer; Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.
13. Test Equipment
Prior to commencement of work on this contract, Contractor shall provide the Ralph H. Johnson VAHCS with a copy of the current calibration certification of all test equipment to be used by the Contractor on Ralph H. Johnson VAHCS Research Service equipment. This certification shall be provided on a periodic basis. Test equipment calibration shall be traceable to a national standard.
14. Performance Monitoring
Contractor shall submit service documentation to the Facility POC for proof of work completed. The Facility POC will inspect the work to ensure that the Contract is meeting the standards of the contract.
15. Special Contract Requirements
a. Per VHA Directive 1085, all VA Health Care Facilities shall be smoke-free. This directive applies to all patients, visitors, contractors, volunteers, and vendors.
b. A full background check is not required for this position; however, all contractors must bring photo identification.
c. Contractor shall submit invoices via email to Ralph H. Johnson HCS Research Service budget team. The following information must be included on all submitted invoices. Invoices submitted without the following information may be rejected for payment. Invoices shall include at a minimum:
· Date of invoice
· Invoice number
· Contract number
· Vendor name
· Dates of service
· Description of service and which units had service performed on them
*Please note: The A&A requirements do not apply and a Security Accreditation Package is not required.
15. Records Management Obligations A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.
B. Definitions “Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal record:
1. includes [Agency] records.
2. does not include personal materials.
3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.
4. may include deliverables and documentation associated with deliverables.
C. Requirements
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. RHJ VAHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of RHJ VAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to RHJ VAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to RHJ VAHCS control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [FACILITY] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with RHJ VAHCS policy.
8. The Contractor shall not create or maintain any records containing any non-public RHJ VAHCS information that are not specifically tied to or authorized by the contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. The RHJ VAHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [FACILITY] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take RHJVAHCS-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.
D. Flow-down of requirements to Subcontractors
1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.
2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 22.00 |
| EA |
| __________________ |
| __________________ |
Biosafety Cabinet (A2) - Test Contract Period: Base POP Begin: 03-28-2025 POP End: 03-27-2026
LOCAL STOCK NUMBER: 9999
| 8.00 |
| EA |
| __________________ |
| __________________ |
Biosafety Cabinet (A2) - Test (Contingency for Additional Units)
POP Begin: 03-28-2025
| 24.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood - Test, AIHA/ANSI Z9.5
| 5.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood - Test, AIHA/ANSI Z9.5 (Contingency for Additional Units)
| 3.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood (Ductless) - Test
| 7.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood (Ductless) - Test (Contingency for Additional Units)
| 1.00 |
| EA |
| __________________ |
| __________________ |
Repairs/Adjustments: Contingency for repairs throughout the year
| 8.00 |
| EA |
| __________________ |
| __________________ |
Animal Change Station - VMU
| 2.00 |
| EA |
| __________________ |
| __________________ |
Animal Change Station - VMU (Contingency for Additional Units)
| 1.00 |
| EA |
| __________________ |
| __________________ |
Laminar Flow Unit - VMU
| 85.00 |
| EA |
| __________________ |
| __________________ |
TAF - Leak Test Only: Inline HEPA Test VMU
| 12.00 |
| EA |
| __________________ |
| __________________ |
Per Diem
| 22.00 |
| EA |
| __________________ |
| __________________ |
Biosafety Cabinet (A2) - Test Contract Period: Option 1 POP Begin: 03-28-2026 POP End: 03-27-2027
| 8.00 |
| EA |
| __________________ |
| __________________ |
Biosafety Cabinet (A2) - Test (Contingency for Additional Units)
| 24.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood - Test, AIHA/ANSI Z9.5
| 5.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood - Test, AIHA/ANSI Z9.5 (Contingency for Additional Units)
| 3.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood (Ductless) - Test
| 7.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood (Ductless) - Test (Contingency for Additional Units)
| 1.00 |
| EA |
| __________________ |
| __________________ |
Repairs/Adjustments: Contingency for repairs throughout the year
| 8.00 |
| EA |
| __________________ |
| __________________ |
Animal Change Station - VMU
| 2.00 |
| EA |
| __________________ |
| __________________ |
Animal Change Station - VMU (Contingency for Additional Units)
| 1.00 |
| EA |
| __________________ |
| __________________ |
Laminar Flow Unit - VMU
| 85.00 |
| EA |
| __________________ |
| __________________ |
TAF - Leak Test Only: Inline HEPA Test VMU
| 12.00 |
| EA |
| __________________ |
| __________________ |
Per Diem
| 22.00 |
| EA |
| __________________ |
| __________________ |
Biosafety Cabinet (A2) - Test Contract Period: Option 2 POP Begin: 03-28-2027 POP End: 03-27-2028
| 8.00 |
| EA |
| __________________ |
| __________________ |
Biosafety Cabinet (A2) - Test (Contingency for Additional Units)
| 24.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood - Test, AIHA/ANSI Z9.5
| 5.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood - Test, AIHA/ANSI Z9.5 (Contingency for Additional Units)
| 3.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood (Ductless) - Test
| 7.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood (Ductless) - Test (Contingency for Additional Units)
| 1.00 |
| EA |
| __________________ |
| __________________ |
Repairs/Adjustments: Contingency for repairs throughout the year
| 8.00 |
| EA |
| __________________ |
| __________________ |
Animal Change Station - VMU
| 2.00 |
| EA |
| __________________ |
| __________________ |
Animal Change Station - VMU (Contingency for Additional Units)
| 1.00 |
| EA |
| __________________ |
| __________________ |
Laminar Flow Unit - VMU
| 85.00 |
| EA |
| __________________ |
| __________________ |
TAF - Leak Test Only: Inline HEPA Test VMU
| 12.00 |
| EA |
| __________________ |
| __________________ |
Per Diem
| 22.00 |
| EA |
| __________________ |
| __________________ |
Biosafety Cabinet (A2) - Test Contract Period: Option 3 POP Begin: 03-28-2028 POP End: 03-27-2029
| 8.00 |
| EA |
| __________________ |
| __________________ |
Biosafety Cabinet (A2) - Test (Contingency for Additional Units)
| 24.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood - Test, AIHA/ANSI Z9.5
| 5.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood - Test, AIHA/ANSI Z9.5 (Contingency for Additional Units)
| 3.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood (Ductless) - Test
| 7.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood (Ductless) - Test (Contingency for Additional Units)
| 1.00 |
| EA |
| __________________ |
| __________________ |
Repairs/Adjustments: Contingency for repairs throughout the year
| 8.00 |
| EA |
| __________________ |
| __________________ |
Animal Change Station - VMU
| 2.00 |
| EA |
| __________________ |
| __________________ |
Animal Change Station - VMU (Contingency for Additional Units)
| 1.00 |
| EA |
| __________________ |
| __________________ |
Laminar Flow Unit - VMU
| 85.00 |
| EA |
| __________________ |
| __________________ |
TAF - Leak Test Only: Inline HEPA Test VMU
| 12.00 |
| EA |
| __________________ |
| __________________ |
Per Diem
| 22.00 |
| EA |
| __________________ |
| __________________ |
Biosafety Cabinet (A2) - Test Contract Period: Option 4 POP Begin: 03-28-2029 POP End: 03-27-2030
| 8.00 |
| EA |
| __________________ |
| __________________ |
Biosafety Cabinet (A2) - Test (Contingency for Additional Units)
| 24.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood - Test, AIHA/ANSI Z9.5
| 5.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood - Test, AIHA/ANSI Z9.5 (Contingency for Additional Units)
| 3.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood (Ductless) - Test
| 7.00 |
| EA |
| __________________ |
| __________________ |
Fume Hood (Ductless) - Test (Contingency for Additional Units)
| 1.00 |
| EA |
| __________________ |
| __________________ |
Repairs/Adjustments: Contingency for repairs throughout the year
| 8.00 |
| EA |
| __________________ |
| __________________ |
Animal Change Station - VMU
| 2.00 |
| EA |
| __________________ |
| __________________ |
Animal Change Station - VMU (Contingency for Additional Units)
| 1.00 |
| EA |
| __________________ |
| __________________ |
Laminar Flow Unit - VMU
| 85.00 |
| EA |
| __________________ |
| __________________ |
TAF - Leak Test Only: Inline HEPA Test VMU
| 12.00 |
| EA |
| __________________ |
| __________________ |
Per Diem
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Charleston VA Healthcare System |
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401
USA
| 22.00 |
| 3/28/2025-3/27/2026 |
| 0002 |
| SHIP TO: |
| Charleston VA Healthcare System |
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401
USA
| 8.00 |
| 3/28/2025-3/27/2026 |
| 0003 |
| SHIP TO: |
| Charleston VA Healthcare System |
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401
USA
| 24.00 |
| 3/28/2025-3/27/2026 |
| 0004 |
| SHIP TO: |
| Charleston VA Healthcare System |
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401
USA
| 5.00 |
| 3/28/2025-3/27/2026 |
| 0005 |
| SHIP TO: |
| Charleston VA Healthcare System |
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401
USA
| 3.00 |
| 3/28/2025-3/27/2026 |
| 0006 |
| SHIP TO: |
| Charleston VA Healthcare System |
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401
USA
| 7.00 |
| 3/28/2025-3/27/2026 |
| 0007 |
| SHIP TO: |
| Charleston VA Healthcare System |
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401
USA
| 1.00 |
| 3/28/2025-3/27/2026 |
| 0008 |
| SHIP TO: |
| Charleston VA Healthcare System |
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401
USA
| 8.00 |
| 3/28/2025-3/27/2026 |
| 0009 |
| SHIP TO: |
| Charleston VA Healthcare System |
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401
USA
| 2.00 |
| 3/28/2025-3/27/2026 |
| 0010 |
| SHIP TO: |
| Charleston VA Healthcare System |
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401
USA
| 1.00 |
| 3/28/2025-3/27/2026 |
| 0011 |
| SHIP TO: |
| Charleston VA Healthcare System |
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401
USA
| 85.00 |
| 3/28/2025-3/27/2026 |
| 0012 |
| SHIP TO: |
| Charleston VA Healthcare System |
Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401
USA
| 12.00 |
| 3/28/2025-3/27/2026 |
36C24725Q0451
Page 1 of Page 1 of
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.
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