S02 - RFP 36C26224R0102 GLA Tree Trim_VAGLAHS WLA CAMPUS.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C26224R0102 08-23-2024

Tracey Williams-Douglas 09-06-2024

12:00 PM PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

561730

$9.5 Million

N/A

36C691

Department of Veterans Affairs VA Greater Los Angeles Healthcare System 11301 Wilshire Blvd.

Los Angeles CA 90073

36C262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center Submit Invoices Electronically to:

https://www.Kofaz.com/products/tungsten

See CONTINUATION Page

Tree Trimming, Brush Clearance, and Debris Removal Services for Veterans Affairs Greater Los Angeles Healthcare System

(VAGLAHS).

This procurement is 100 percent SDVOSB Set-Aside.

Questions are due directly to Tracey Williams-Douglas on 8/28/2024 08/29/2024 at 3:00 PM, PST via email to tracey.williams-douglas@va.gov.

Proposals are due directly to Tracey Williams-Douglas on 09/06/2024 at 12:00 PM, PST via email to tracey.williams-douglas@va.gov

See CONTINUATION Page

X 1

William T. Cook, Contracting Officer

VA-VHA-RPOW-2023-0061

36C26224R0102

Table of Contents

SECTION A

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

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES AND PRICE

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 52.216-18 ORDERING (AUG 2020)

C.6 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.7 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

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

C.10 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 PRICE WORKSHEET – ATTACHED

D.2 VA GREATER LOS ANGELES HEALTHCARE SYSTEM, WEST LA CAMPUS MAP –

ATTACHED

D.3 WAGE DETERMINATION – COUNTY OF LOS ANGELES DATED 07/22/2024

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO QUOTERS – Commercial Products and Commercial Services (Nov 2021) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.2 INSTRUCTIONS FOR PROPOSAL SUBMISSION — COMMERCIAL ITEMS

ADDENDUM

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Department of Veterans Affairs, Network Contracting Office -

Tracey Williams-Douglas, Contract Specialist 4811 Airport Plaza Drive Telephone number: 562-766-2283 Email: tracey.williams-douglas@va.gov

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] Monthly

4. GOVERNMENT INVOICE ADDRESS: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing. If you have any questions about the e-invoicing program or Tungsten, please contact the FSC at the number or email address listed below:

• Website: https://www.tungstenautomation.com/products/einvoice-network

• Tungsten e-Invoice Setup Information: 1-877-489-6135, 8:00am - 7:00pm (EST)

Tungsten Customer Support: contactCustomerSupportHome (site.com) mailto:tracey.williams-douglas@va.gov https://www.tungstenautomation.com/products/einvoice-network https://tungsten-network.my.site.com/contactCustomerSupport/s/contactcustomersupporthome?language=en_US

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

AMENDMENT NO DATE

B.2 SCHEDULE OF SERVICES AND PRICE

This is an indefinite delivery, indefinite quantity, (IDIQ) fixed-price contract. Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The guaranteed minimum amount for this contract is $5,000.00. The maximum aggregate value of the orders that can be placed under this contract is $5,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

The previous option period pricing will apply to any extension pursuant to FAR 52.217-8.

ITEM

NUMBER DESCRIPTION OF SERVICES QTY UNIT UNIT PRICE

0001 ZONES 2 & 4 – Tree Trimming, Bush Clearance, and Debris Removal Services Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping - Landscaping/Groundskeeping

1.00 YR

0002 ZONE 5 - Tree Trimming, Bush Clearance, and Debris Removal Services Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

0003 ZONE 5A - Tree Trimming, Removal Services Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

0004 ZONE 7 - Tree Trimming, Removal Services

Cook, William T.

I recommend changing all these to Year since they may be accomplished multiple times. I am not certain monthly works because it may vary.

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

0005 ZONE 7A - Tree Trimming, Removal Services Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

0006 ZONE 8 - Tree Trimming, Removal Services Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

0007 ZONE 9 - Tree Trimming, Removal Services Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

0008 ZONE 10 - Tree Trimming, Removal Services Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

0009 ZONE 11 - Tree Trimming, Removal Services Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

0010 ZONES 13 & 14 - Tree

Trimming, Bush Clearance, and Debris Removal Services Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

0011 ZONES 15 & 16 - Tree

Debris Removal Services Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

0012 ZONE 17 - Tree Trimming, Removal Services Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

1001 ZONES 2 & 4 – Tree Trimming, Bush Clearance, and Debris Removal Services Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

1002 ZONE 5 - Tree Trimming, Removal Services Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

1003 ZONE 5A - Tree Trimming, Removal Services Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

1004 ZONE 7 - Tree Trimming, Removal Services Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

1005 ZONE 7A - Tree Trimming, Removal Services Contract Period: Option 1 POP Begin: 10-01-2025

POP End: 09-30-2026

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

1006 ZONE 8 - Tree Trimming, Removal Services Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

1007 ZONE 9 - Tree Trimming, Removal Services Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

1008 ZONE 10 - Tree Trimming, Removal Services Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

1009 ZONE 11 - Tree Trimming, Removal Services Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

1010 ZONES 13 & 14 - Tree Trimming, Removal Services Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

1011 ZONES 15 & 16 - Tree Trimming, Removal Services Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

1012 ZONE 17 - Tree Trimming, Removal Services Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

2001 ZONES 2 & 4 – Tree Trimming, Removal Services Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

2002 ZONE 5 - Tree Trimming, Bush

Clearance, and Debris Removal

Services Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

2003 ZONE 5A - Tree Trimming, Removal Services Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

2004 ZONE 7 - Tree Trimming, Bush

Services Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

2005 ZONE 7A - Tree Trimming, Removal Services Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

2006 ZONE 8 - Tree Trimming, Bush

Services Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

2007 ZONE 9 - Tree Trimming, Bush

Services Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

2008 ZONE 10 - Tree Trimming, Removal Services Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

2009 ZONE 11 - Tree Trimming, Removal Services Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

2010 ZONES 13 & 14 - Tree Trimming, Removal Services Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

2011 ZONES 15 & 16 - Tree Trimming, Bush Clearance, and Debris Removal Services Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

2012 ZONE 17 - Tree Trimming, Removal Services Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

3001 ZONES 2 & 4 – Tree Trimming, Removal Services Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

3002 ZONE 5 - Tree Trimming, Bush

Services Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

3003 ZONE 5A - Tree Trimming, Removal Services Contract Period: Option 3 POP Begin: 10-01-2027

POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

3004 ZONE 7 - Tree Trimming, Removal Services Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

3005 ZONE 7A - Tree Trimming, Removal Services Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

3006 ZONE 8 - Tree Trimming, Removal Services Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

3007 ZONE 9 - Tree Trimming, Removal Services Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

3008 ZONE 10 - Tree Trimming, Removal Services Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

3009 ZONE 11 - Tree Trimming, Removal Services Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

3010 ZONES 13 & 14 - Tree Trimming, Removal Services Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

3011 ZONES 15 & 16 - Tree

Debris Removal Services Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

3012 ZONE 17 - Tree Trimming, Removal Services Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

4001 ZONES 2 & 4 – Tree Trimming, Removal Services Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

4002 ZONE 5 - Tree Trimming, Removal Services Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

4003 ZONE 5A - Tree Trimming, Removal Services Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

4004 ZONE 7 - Tree Trimming, Removal Services Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

4005 ZONE 7A - Tree Trimming, Removal Services Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

4006 ZONE 8 - Tree Trimming, Removal Services Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

4007 ZONE 9 - Tree Trimming, Removal Services Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

4008 ZONE 10 - Tree Trimming, Removal Services Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

4009 ZONE 11 - Tree Trimming, Removal Services Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

4010 ZONES 13 & 14 - Tree

Debris Removal Services Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

PRODUCT/SERVICE CODE:

S208 - Housekeeping -

4011 ZONES 15 & 16 - Tree

Trimming, Bush Clearance, and Debris Removal Services Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS

CODE: 561730 -

Landscaping Services

PRODUCT/SERVICE

CODE: S208 -

Housekeeping - Landscaping/Groundskeepi ng

4012 ZONE 17 - Tree Trimming, Removal Services Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRINCIPAL NAICS CODE:

561730 - Landscaping Services

B.3 STATEMENT OF WORK

1. Contract Title: Tree Trimming/Pruning, Dead/Disease Tree Removal, Brush Clearance, and Debris Removal Services.

2. Place of Performance: VA Greater Los Angeles Healthcare System, 11301 Wilshire Blvd, Los Angeles, CA 90073

3. Introduction: The Veteran Integrated Service Network (VISN) 22, Network Contracting

Office (NCO) intends to establish an Indefinite Delivery Indefinite Quantity (IDIQ) contract to provide all tree trimming/pruning, dead/diseased tree removal as required and shrub/brush debris removal at Veteran Affairs Greater Los Angeles Healthcare Systems (VAGLAHS).

The purpose of this Performance Work Statement (PWS) is to outline the tasks and responsibilities of the contractor in providing tree trimming/pruning of all trees including Palms, dead/diseased tree removal and brush clearance as required for the Department of Veterans Affairs Greater Los Angeles Healthcare System (VAGLAHS).

4. Scope: The Contractor shall provide all supplies, labor, tools, materials, waste bins and equipment necessary to accomplish tree trimming, tree removal and brush removal which includes disposal of waste and debris. The Contractor shall have their Arborist review and certify all work to be accomplished before and after tree trimming or removal. The Tree Trimming Zones/brush clearance Zones outline is a part of the PWS for the VA 388-acre campus. The Tree Trimming Zone outline is a part of the PWS.

5. Period of Performance: Base year plus four (4) option years.

Base Year: 10/01/2024 – 09/30/2025 Option Year One: 10/01/2025 – 09/30/2026 Option Year Two: 10/01/2026 – 09/30/2027 Option Year Three: 10/01/2027 – 09/30/2028 Option Year Four: 10/01/2028 – 09/30/2029

6. Qualifications: The Contractor shall be C61 and D49 (C61-Speciality Class; D-49 Tree

Service) licensed by the state of California Department of Consumer Affairs Contractor’s State License Board. Contractor shall provide all supplies, labor, tools, materials, waste bins and equipment necessary to accomplish tree trimming, tree removal and brush removal which includes disposal of waste and debris. The Contractor shall have an International Society of Arboriculture (ISA) certified Arborist review and certify all work to be accomplished before and after tree trimming or removal.

NOTE: Contractors must confirm licensure or will be able to obtain licensure by 09/15/2024.

7. Specific Tasks: VAGLAHS has broken down specific zones where tree trimming, and brush clearance shall be performed. The Contractor shall submit an itemized proposal for each zone. The VA will provide zone maps at the time of the site walk/visit. All zones will be included in the final award therefore it is important that contractor/s submit one proposal per zone itemizing each requirement. Each proposal for the zones will be evaluated based on complete information for work that will be accomplished. The contractor shall provide all

Ceponis, Flora Julliet You may need to change this date depending on when the proposals are due.

professional advice/guidance, parts, materials, equipment, and personnel, to provide these services.

7.1. The Contractor shall be responsible to ensure that all pruning cuts shall be made just outside the collar or shoulder ring (branch bark ridge/swollen trunk collar) close to parent stem so that healing can readily start under normal conditions.

7.2. The contractor shall be responsible to ensure that when reducing the tree height and spread, he/she shall retain the natural shape of the tree by removing the entire lateral branches back to their point of origin also known as thinning.

7.3. The contractor shall be responsible to ensure that all limbs do not split. All branches and/or tree material 3 ½” in diameter or larger shall be lowered by proper lowering methods, such as using ropes and methods that will not cause damage/injury to tree and workers.

7.4. The Contractor shall be responsible to ensure that all trees shall be pruned and shaped to retain the trees natural crown characteristics and patterns.

7.5. The Contractor shall be responsible to ensure that all trees shall have the live branches removed to permit penetration of sunlight and circulation of air through the canopy in conjunction to the aesthetic appearance, natural crown characteristics, and growth patterns.

7.6. The contractor shall be responsible to ensure care when removing living and/or dead crossed or rubbing branches, where practicable, so the removal will not leave large holes in the aesthetic appearance, natural crown characteristics and growth patterns of the tree.

7.7. The Contractor shall be responsible to ensure that, when pruning trees known to be diseased or susceptible to diseases, tools are disinfected with alcohol after each cut and between trees, where there is known to be danger of transmitting the disease on the tools.

7.8. The Contractor shall be responsible for reporting to the COR all of the following conditions: when old scars are not healing properly; where callus growth is not already established; visible girding roots, and when there are any structural weaknesses such as but not limited to decayed trunk or branches, and split trunk/branch crotches.

7.9. The following methods of pruning are NOT acceptable therefore, the contractor shall be responsible to ensure that these methods are never performed: topping, stubbing, de-horning, and pollarding.

7.10. The Contractor shall be responsible to ensure that in lifting the bottom branches of the trees for under clearance, care shall be given to symmetrical appearance, esthetic appearance, natural crown characteristics and growth patterns of the trees.

7.11. In general, the Contractor shall ensure when reducing the size of a tree and with respect to retaining the tree’s natural crown characteristics and patterns, not more than 1/4 of the total area shall be reduced at a single operation, unless instructed in writing to do so by the COR.

7.12. The contractor shall be required to dispose of all debris and other waste materials generated by his/her work at a licensed off-site landfill or recycling center, unless otherwise directed in writing by the Contracting Officer.

7.12.1. NOTE: The Government will NOT provide receptacle(s) for disposal of debris related to this contract.

7.13. The Contractor will take all necessary precautions to prevent damage to trees while performing pruning. The use of climbing spikes is prohibited, unless prior permission is obtained from the COR and VA Safety Office in writing, determination will be on a tree-by-tree basis. This permission will only be granted in cases where there are no other means to access the work to be performed, as determined by the COR.

7.13.1. NOTE: Several species protected under the City of Los Angeles

Native Tree Protection Ordnance number 177404 occur on the West Los Angeles VA Campus in various locations. The VA shall provide a site plan where protective native trees are located at time of award.

Prior to any work involving protected species, the Contractor shall be required to document the Health of these trees and submit their action plan for pruning/trimming. Protected species known to exist are California Bay (1), California Live Oak (10), Engelmann Oak (1) Western Sycamore (39)

7.14. Clean Up: The Contractor shall dispose of all waste materials off the facility grounds. At the COR’s request, Mulch or wood chips may be used by the VA as directed by the COR to reduce waste going to landfill. Waste and debris shall be removed off facility grounds in accordance with Federal, State, and local regulations.

8. General Parameters: The Contractor shall be responsible to ensure that all work be done in a manner that safeguards all VA visitors, employees, and the public. The Contractor shall be throughout this PWS solely responsible for any and all actions initiated and/or completed by his/her employees. Furthermore, the Contractor and his/her employees shall have a clear understanding of, and be sensitive to, such environmental issues as contamination, local wildlife, etc., and be consistent and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.

8.1. The contractor shall be responsible for cleaning any structures that are soiled or stained as a result of contractor’s performance. The contractor shall clean up and/or wash-down with detergent water all soiled or stained structures and grounds at the end of each workday. No hazardous chemicals are to be used at any time on Government Property. The contractor shall bear all costs associated with washing and cleaning. Any such washing/cleaning shall be brought to the immediate attention of the COR prior to washing/cleaning.

8.2. At the end of each day the contractor shall remove all debris from the site resulting from the work, unless otherwise specified by the COR. The Contractor shall ensure at all times that rubbish and trash generated by the contractor is kept clear of vehicular and pedestrian traffic throughout the site.

8.3. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be provided by the Contractor for the protection, safety, and warning of all pedestrians and vehicular traffic within any area/s the Contractor is at work. The Contractor shall be required to obtain any city permits for any work requiring such permits (for example city street closures (full or partial) overhead utilities.

8.4. The Government may undertake or award other contracts for unrelated facility work at or near the site of work for this contract. Hours work may be performed is Monday – Saturday 7:00am – 4:00pm, excluding Government holidays. The Contractor shall fully cooperate with any other Government employees and shall carefully adapt scheduling and performance of work, and any directions or instruction if needed, it shall be provided by the COR. The Contractor shall be responsible for reporting to the COR any problems or questions that may arise with any other personnel on site during the period of performance of this contract. The contractor shall not take it upon him or herself to resolve any problems or issues with other on-site contractors or employees, but rather will leave it to the COR to resolve the issue.

8.5. The Contractor shall not operate trucks, tractors, and other heavy equipment on any turf area except when authorized in writing by the COR.

8.6. Contractor personnel must exercise and exhibit absolute decorum, composure, and stability at all times.

8.7. The Government shall not be responsible for any loss, damage, or theft of contractor items.

8.8. Electricity and water will be furnished by the Government.

8.9. The COR may designate an area for the contractor to use or store a limited number of supplies or equipment, if available.

8.10. The Contractor may be required to perform work on weekend in areas where traffic and daily patient/visitor/staff activity will impede work to be performed in a safe manner.

8.11. Emergency work to remove fallen limbs and trees will part of the Contractors responsibility. Response to emergency work shall be within 24 hours of notification.

9. Zone Descriptions: Contractor shall perform services in one or more of the following

VAGLAHS defined zones.

9.1. Zones 2 and 4 – Includes Vets Garden and VA property line hillside in zone 4 extending to water towers in Zone 2 ending at the Brentwood School. This includes clearing all brush, debris and saplings on property line and hillside. This may require access to neighbor’s property for trees along the VA property Fence Line. Most of the trees (79%) in these zones are Blue Gum Eucalyptus and saplings.

9.2. Zone 5 – Research Buildings (113,114,115 &116), Police Station.) North of Eisenhower Ave. West of Dewey Ave. to Gorman gate at building 264, South of Nimitz Ave.

9.3. Zone 5 A – Nimitz Ave bordered by Bonsall Ave to MacArthur Road includes, Buildings 211, 256, 257, 258 Includes Wet Land VA Property Line behind the California State Home Buildings.

9.4. Zone 7 – Great Lawn CTRS Site extending along Wilshire Blvd. & San Vicente

Blvd. to VA Eisenhower Ave. gate.

9.5. Zone 7A – includes buildings 226 &506 and 220 South side of Eisenhower.

9.6. Zone 8 – North of Eisenhower to Dewey East to Pershing Ave. and Bonsall West border, Buildings 212,213,215,217,218 and 306.

9.7. Zone 9 – East of Bonsall South of Constitution Ave. includes Building 508 All

Engineering Shop Buildings from Building 63. Zone Bonsall Ave. All trees along East side Bonsall Ave. from Eisenhower Ave. to Building 210 on Bonsall Ave.

9.8. Zone 10 – Field near Governor’s Mansion near Zone 11.

9.9. Zone 11 – Resident Quarters Wilshire Blvd, West of Bonsall Ave. South to

Dowlen Drive all trees within and surrounding the quarters and Wilshire Blvd Fenceline.

9.10. Zones 13 & 14 – Dowlen Drive (East/West) surrounding South Campus

Buildings 500, 501, 345, 401, 402, 304, and 605 (Includes Palm Tree trimming).

9.11. Zones 15 & 16 – Building 523, parking lot 1, VA Fence line at Ohio and Sawtelle Ave to Purdue Trees within VA property line. Contractor will be responsible for coordinating any City permits for street closure or utility permits for trimming trees overhanging electrical lines.

9.12. Zone 17 – Is Rochester and Ravine areas which includes the fence line extending to the Army Reserve Property and the Wetlands westside fence line and Ravine.

9.12.1. Rochester: Contractor shall prune extra-large Eucalyptus trees bordering and overhanging property line, remove growth and dead vegetation.

9.12.2. Ravine: Contractor shall remove fallen limbs and vegetation to provide clearance for fence repair. Remove vegetation used for shelter. Remove

(1) Eucalyptus prone to limb failure. Stump to remain.

10. Contracting Officer Representative (COR):

10.1. Delegation of Authority letters shall be forwarded to the using service and the Contractor after agreement has been signed, identifying the individual(s) as the COR(s). No service shall be provided without the approval of the COR or his/her designee of this contract.

10.2. The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or his/her delegated representative acting within the limits of his/her authority.

10.3. The Contracting Officer Representative (COR) will monitor Contractor performance and certify the work was done in accordance with the SOW.

10.4. COR/ Supervisor Contact Information:

Name:

Section:

Address:

Phone Number:

Fax Number:

E-Mail Address:

11. Hours of Service: Monday through Friday 7:00 am – 4:00 pm, excluding holidays.

12. National Holidays:

The following National Holidays are observed by the Federal Government: The Contractor is required to provide services on the following National Holidays:

New Year’s Day January 01

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 04

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday. Also, included would be any other day specifically declared by the President of the United States to be a National Holiday.

13. Contractor Program Manager: The Contractor shall provide a contract program manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting Officer. The Contractor’s Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

13.1. Program Manager:

14. Contractor Personnel: The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

Company Name:

Address:

Phone No:

Contact Name:

Email:

Ceponis, Flora Julliet Delete extra spaces here.

14.1. Contract Personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC).

14.2. Badge Contractor shall obtain a “Contractor I.D Badge” from the VA Police. All Contractor personnel are required to wear I.D Badge during the entire time on VA facility. The I.D Badge MUST have an identification picture and shall state the name of the individual and the company represented.

14.3. Parking: It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information is available from VA Police & Security Service Office. The Contractor assumes full responsibility for any parking violations.

14.4. Smoking: Contractor personnel may smoke only in designated areas. It is the responsibility of the VISN 22 Healthcare Facilities to provide a safe and healthful environment for employees and patients and to serve as a leader in community health awareness and education. It is in fulfillment of this obligation that the facilities are committed to the establishment of a smoke-free environment. This policy applies to every location in the Healthcare Facilities.

There shall be no smoking within 25 feet of all entrances to buildings. Smoking is allowed in all outside areas that are 25 feet away from entrances to buildings unless indicated otherwise. Enclosed patios connected to facility buildings are considered part of the building and as such are non-smoking areas.

15. Other Requirements:

15.1. The Contractor shall follow VA Policy: Possession of weapons is prohibited.

Enclosed containers, including tool kits, are subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

15.2. The Contractor shall follow Government & Cellular Phones Rules:

Government telephones shall not be used for personal reasons. Cellular phones shall be turned off prior to entering the VA facility and are prohibited for use inside the building.

16. Invoicing & Payment: The Contractor shall submit in arrears a properly completed itemized invoice in accordance with FAR clauses 52.212-4(g) Contract Terms and Conditions – Commercial Items.

16.1. Invoices submitted for payment shall be reviewed for accuracy and shall be subject to approval by the Government prior to issuance of payment.

16.1.1 The invoice MUST be itemized to include the following information.

16.1.2 Facility name and address where service was provided

16.1.3 Contract number

16.1.4 Obligation number

16.1.5 Line item from the price schedule or zone

16.1.6 Unit price and total monthly cost for the invoice.

16.1.7 Date

16.2. No advance payments shall be authorized. Payment shall be made on a monthly arrears for services provided during the billing month in arrears in accordance with FAR 52.212-4, para. (i) Upon submission of a properly prepared invoice for prices stipulated in this contract for services delivered and accepted in accordance with the terms and conditions of the contract, less any deductions stipulated in this contract.

16.3. Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

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.