Solicitation_36C24223Q0638_1.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

36C24223Q0638 04/26/2023

Jacob.Burg@VA.gov 716-862-7461 x21464 05/08/2023

12pm EDT

Department of Veterans Affairs

Network Contracting Office (NCO) 2

2875 Union Road

Suite 3500

Cheektowaga NY 14227

X 100

X

561730

$8.5 Million

N/A

X

James J Peters VA Medical Center

130 West Kingsbridge Road

Bronx, NY 10468

Network Contracting Office (NCO) 2

2875 Union Road

Suite 3500

Cheektowaga NY 14227

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

See CONTINUATION Page

Landscaping and Groundskeeping Services at James J Peters

VA Medical Center per Performance Work Section B.2.

See instructions to Offerors and Evaluation Factors E.1,2,5

Service Contract Labor Standards Wage Determination applies and is attached.

A site visit is scheduled for May 3rd (see E.2 page 42)

See CONTINUATION Page

X X

X 01

Andres Cepeda

Contracting Officer

36C24223Q0638

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 PERFORMANCE WORK STATEMENT (PWS)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (DEC 2022)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE

OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) . 27

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.237-1 SITE VISIT (APR 1984)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT

2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)46

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Jacob.Burg@VA.gov

Network Contracting Office (NCO) 2

2875 Union Road

Suite 3500

Cheektowaga NY 14227

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: 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

B.2 PERFORMANCE WORK STATEMENT (PWS)

LANDSCAPING AND GROUNDSKEEPING SERVICES

1. BACKGROUND:

The Department of Veterans Affairs, James J Peters VA Medical Center is seeking for landscaping and groundskeeping services for its medical center campus. The type of maintenance, care, and groundskeeping is designed to promote healthy growth and sustain the landscape environment as intended by landscape architect. The Contractor must have sufficient labor available on site throughout each season to maintain a professional, clean appearance of the landscaping and groundskeeping services. See Attachment 1 James J Peters VA Medical Center Map

2. LOCATION OF SERVICES:

James J Peters VA Medical Center (JJP/Bronx VAMC) 130 West Kingsbridge Road Bronx, NY 10468

3. SCOPE OF WORK:

The contractor must furnish all personnel, labor, transportation, equipment, supervision, tools, materials, and other items necessary to ensure the landscaping and groundskeeping services of all exterior landscaped areas are completed in a timely manner at each campus throughout the year.

Services must include turf management program to maintain healthy grass, shrubs, and plants to present a clean, neat, and professional appearance.

A monthly meeting will be held to discuss progress and complete a monthly quality audit. This will ensure our understanding of the needs of the VA and the delivery the contractor’s services.

A facility site plan indicating work area must be provided by the COR after award.

Landscaping and groundskeeping services will be performed from April 1st to November

30th. There will be no services for the months of December, January, February, and

March.

4. SPECIFIC TASK REQUIREMENTS:

Contractor must perform landscaping and groundskeeping services on a weekly basis.

All grass on the facility must be mowed and trimmed for a height between two (2) to three (3) inches.

Repair and seed any lawns that have been damaged.

Upon completion of tasks, contractor must provide a copy of service report to the COR.

Service reports must be signed by both service provider and COR at completion of work. Service reports for lawns must include number of workers, hours worked, and areas worked on. An electronic version of same must be sent to the COR.

4.1. Mowing and Care of Lawns:

A. All turf on the site regardless of its location (fenced in or not), gardens, patios, around equipment and generator enclosures must be maintained and manicured to establish a desirable appearance.

B. Branches fallen on lawns, and lots will be removed and disposed of before mowing.

Invasive vines and plants will be removed from campus. No debris, grass, or leaves will be left or blown into the roads or neighbors’ yards.

C. Services must be performed between April 1st and November 30th and to be completed frequently enough so that no more than 1/3 of the grass blade is removed per mowing.

D. All mowing services must be completed within the same week it is started.

E. Mowing equipment and patterns must be employed to permit recycling of clippings where possible and present a neat appearance.

F. Excess clippings must be removed from the lawn areas and disposed off-site legally.

Cutting blades on all equipment must be sharp to prevent tearing of the grass blade.

G. All enclosed areas must be mowed, string trimmed, and maintained.

H. All enclosed areas along with all gardens of any type will be properly maintained including any weeding, mulching, and application of herbicide as needed to present a clean manicured appearance.

I. All shrubs and bushes must be trimmed to the correct height and shape as determined by the COR.

J. Perimeter and interior fencing will be kept clear of any kind of foliage. Care must be taken to avoid damaging parked vehicles.

K. Some areas will have to be maintained in the evening hours when the areas are generally empty due to the hazards of flying debris caused by string trimmers and other lawn care equipment.

4.2. In addition, these areas are part of the requirement and specific to JJP VAMC:

• Fisher Houses They will be maintained, mowed, and weeded as needed to provide a neat, uniformed appearance throughout the campus.

• Community Living center are also part of the requirement for landscaping and groundskeeping services.

4.3. Sidewalks: Concrete curbs and walkways that border lawn areas will be edged mechanically by blade and managed as necessary to present and maintain a neat and manicured appearance.

4.4. Weeding and Cultivating Beds:

A. Beginning in spring prior to the application of mulch a quality pre-emergent herbicide will be applied to all primary planning beds to suppress the germination of annual weeds.

B. Areas designated as annual flowerbeds will not be treated with pre-emergent herbicide. At the discretion of Contractor, beds where certain perennial plants exist will not be treated as such products could adversely affect some plants. Contractor must use good judgment in the best interest of the health of the plants.

C. Weeding and cultivation of primary planting beds at entrances, gardens, patios, around equipment, generator enclosures, plazas and signage are included in this requirement.

4.5. Weed Control in Curbs, Cracks and Expansion Joints:

A post emergent herbicide must be applied as needed per season to control the emergence of weeds and grass in curbs, enclosed areas, pavement cracks, pavers, concrete expansion joints, generator enclosure’s, electrical distribution station and parking lot dividers.

4.6. Herbicide, Seeding and Fertilization Schedule:

Herbicide treatments and / or mechanical weeding or cultivation of ornamental planting beds will be performed weekly to provide a neat, weed-free appearance throughout the season

• Spring pre-emergent in April.

• Spring fertilization and grass seeding in May

• Seasonal weed and feed in June, July, and August

• Fall fertilization and grass seeding in September

Services must include the following:

A. All Flower/Planting Beds which include, along building foundations, in parking lots & tree rings. These areas must get Pre-emergent Herbicide prior to mulching & spot treat the same areas with Herbicide as needed throughout the season. This includes inside the CLC (Community Living Centers) courtyard areas.

B. All sidewalks must be spot treated with Herbicides as needed throughout the season to maintain the same detailed appearance.

C. The turf (immediately touching the buildings out to the roadway) is to be maintained with fertilizer. Turf areas that need seeding/over seeding and are to be addressed as needed and at appropriate times of the growing season.

4.7. Spring and Fall Cleanup: A general Spring clean-up must be provided to remove leaves and debris accumulated over the winter months from lawns and beds. This includes the removal of sand and cinders from lawn areas that may have accumulated over the winter. The removal and disposal of all debris generated during the Spring and

Fall clean-up must be legally disposed of off-site.

Maintenance of fallen leaves and debris beginning in September, October, and

November must be provided on a weekly basis or more often if needed to maintain a clean, neat appearance. Contractor must remove leaves from lawns, parking areas, fences, and primary focal points. Weather permitting.

4.8. Delineation of Planting Beds and Tree Saucers: All planting beds and tree saucers will be delineated (edged) once annually in preparation of the mulch application. Throughout the season these edges will be maintained regularly with a mechanical edger or nursery spade

4.9. Management of Secondary Beds and Other Areas:

Secondary beds are described as beds other than those at entranceways, plazas or signage and immediate frontage to a building or complex. Secondary beds are large border area beds, areas such as transition areas, fence lines, wood lines, gravel walks, etc.

The maintenance of secondary beds will include an initial delineation along lawn borders and the weekly management of vegetation by string trimming as necessary.

Secondary beds requiring herbicide vegetation control will be performed on an as-needed basis at no additional charge.

The removal of accumulated winter debris and fall leaves within secondary areas is part of the initial Spring clean-up and general Fall clean-up at the close of the season.

Rock Gardens are part of the requirement and must be maintained and weeded.

4.10. Mulching:

All beds must be mulched using a high-quality Dark Brown Organic Double Shredded

Hardwood Mulch. (Mulch will not be dyed). The dark brown organic mulch at these locations must be maintained at a depth of 2- to 4-inches (5- to 10-cm), All beds missing mulch will require mulch.

The mulch must be raked as needed to break up any matted layers and refresh its appearance.

The mulch must be kept a few inches away from all shrubs, flowers, and trees.

Rubber mulch must be replaced or refreshed where needed.

The mulch located in the areas listed below are to be maintained from April 1st through

September 30th of each calendar year to maintain a uniform appearance.

4.11. In addition, the following areas must be mulched/maintained for James J

Peters VAMC:

• All areas to the right and left of the front entrance.

• Flagpole area.

• Building 16.

• All gardens.

• All patios on site.

4.12. Integrated Pest Management of Shrubs:

A. Contractor must employ a comprehensive shrub IPM (Integrated Pest Management Plan). As part of this plan, all shrubs will be monitored for conditions that could adversely affect the plants. The goal is to prevent or limit damage done to landscape plants by utilizing targeted pest management. In this way, plants subject to problems are inspected and treated when necessary, or proactively based on several factors including susceptibility, impact, and environmental consequence.

B. Treatment of pests that may damage any portion of grounds must be in accordance with federal, state regulations. Any pesticides must be applied by New York State Pest certified personnel.

C. Required treatments to shrubs less than 5” in caliper will be treated at no additional charge. Conditions on plants greater in size than specified will be brought to the immediate attention of the COR and Contracting Officer for review before any action.

D. As a preventative control, Horticultural Oil must be applied to plants that have scale present or are known to be prone to infestation by other insects or mites. Because Horticultural Oil can adversely change the color of certain blue varieties of evergreens, they will not be normally treated. In the instance where control is necessary, Contractor will inform the VA representative.

E. Ornamental plants which require control of chewing and sucking insects must be treated as necessary to specified plants.

4.13. Ornamental Shrub Fertilization:

Shrubbery and ground cover plants must be fertilized once in Spring using a fertilizer of 10-6-4 at the rate of 4 Lbs. per 100 square feet of bed areas.

Acid loving shrubs will be fertilized using a specialty fertilizer intended for such plants.

4.14. Shrubbery, Evergreens and Groundcover Beds:

A. All shrubbery must be pruned in a manner consistent with the culture of the plant and its intent in the landscape.

B. Shrubs and Evergreen Trees (where applicable) up to a height of 12’ and informal in shape will be sheared twice per season or more as deemed necessary by contractor or the COR to provide a neat, manicured appearance.

C. All pruning of shrubbery will include the removal of dead or damaged branches.

Once, in Spring, shrubbery will be inspected for damages occurring over winter months and pruned in the best interest of the plant.

D. Contractor must remove small, expired shrubs, or trees where necessary to maintain a professional, clean appearance. Removal of medium, large, or extra-large expired shrubbery or trees is not part of this requirement.

E. Deciduous shrubbery must be sheared, or hand pruned as dictated by the plant’s culture and intent of the VA representative. Flowering shrubs will only be pruned after their period of bloom has passed.

F. Evergreen non-formal shrubs will be sheared, or hand pruned employing the plunge‐ cut method as described by the International Society of Arboriculture to remove excess growth and manage plant size and intent while providing the plant to necessary oxygen and light.

G. Evergreen Ground-Cover beds will be pruned as to provide the correct form and intent of the plant.

H. Delineation must be maintained wherever evergreen ground covering plants border curbs or paved walks to prevent hazardous conditions.

I. Lawn trees as described as any ornamental tree within a lawn area and not in a defined planting area, tree grate or other defined landscape area must receive a cultivated and edged tree saucer.

J. Shade trees will not be edged unless a pre-existing saucer exists.

K. Lawn tree saucers or ‘tree rings’ will be mechanically edged once in Spring and this delineation maintained as necessary throughout the season to provide a neat and manicured appearance

4. TURF MANAGEMENT:

Turf management program to be performed between April 1st and November 30th, leaf clean up through November 30th of each calendar year.

Turf must be mowed at the height of 2” to 3”as conditions dictate.

5. ACRES OF LANDSCAPING AND GROUNDSKEEPING SERVICES PER SITE:

• James J Peters VAMC- 29.6 Acres

6. CONTRACTOR REPORTING REQUIREMENTS:

Upon arrival to perform services, contractor must report to:

James J Peters VAMC Motor Pool Supervisor

All Contractor employees will be neatly and conspicuously uniformed at any time they are working on site.

7. SAFETY REGULATIONS:

• All applicable safety regulations must be observed during all work of this contract.

• VA Police will issue identification badges to contractors, employees and subcontractors which must be always worn when on VA property

• Contractor must keep the area cleaned daily and haul away all debris.

• The VA Safety Officer must have full authority to see that the contractor obeys all safety rules and regulations relative to the fulfillment of this contract.

• Provide the necessary barricades/signage where required.

Contractor must comply with all applicable Federal, State, and local requirements regarding workers health and safety. The requirements include, but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations

7. OTHER REQUIREMENTS:

The contractor must possess the following licenses for the performance of landscaping and groundskeeping service:

• Licensed to conduct landscaping and groundskeeping services.

• NY State Fertilizer License.

• NY Commercial Pesticide Applicator License.

The contractor must provide Safety Data Sheets (SDS) for all chemicals to be used to the Contracting Officer’s Representative (COR) for approval before use AND keep a record of all chemicals sprayed.

8. WORKING HOURS:

All work for landscaping and groundskeeping services excluding Federal holidays must be performed during normal business and evening hours as agreed beforehand. For after-working hours, contractor must coordinate proper alternate arrangements beforehand with the Contracting Officer Representative (COR).

• James J Peters: During the hours of 7:00 AM to 6:00 PM, Monday through Friday and evenings with prior COR approval.

9. FEDERAL HOLIDAYS:

Federal Holidays which are observed by the federal government are annotated below.

• New Year’s Day

• Martin Luther King’s Birthday

• President’s Day

• Memorial Day

• Juneteenth Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

And any other day specifically declared by the President of the United States to be a national holiday.

10. PERIOD OF PERFORMANCE:

Contract award date to March 31, 2024, with provision of four (4) Option Years.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

7.00 MO

PER PWS SECTION B.2

MONTHS OF SERVICE:

MAY, JUNE, JULY, AUG, SEP, OCT, NOV

Contract Period: Base POP Begin: 05/15/2023 POP End: 03/31/2024

8.00 MO

MONTHS OF SERVICE:

APRIL, MAY, JUNE, JULY, AUG, SEP, OCT, NOV

Contract Period: Option 1 POP Begin: 04/01/2024 POP End: 03/31/2025

MONTHS OF SERVICE:

APRIL, MAY, JUNE, JULY, AUG, SEP, OCT, NOV

Contract Period: Option 2 POP Begin: 04/01/2025 POP End: 03/31/2026

MONTHS OF SERVICE:

APRIL, MAY, JUNE, JULY, AUG, SEP, OCT, NOV

Contract Period: Option 3 POP Begin: 04/01/2026 POP End: 03/31/2027

MONTHS OF SERVICE:

APRIL, MAY, JUNE, JULY, AUG, SEP, OCT, NOV

Contract Period: Option 4 POP Begin: 04/01/2027 POP End: 03/31/2028

GRAND

TOTAL

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

Government must exercise its post-acceptance rights—

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

and

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

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

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

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

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

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

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

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

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

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.4 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

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

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

(1) Means a small business concern—

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

802.201, Surviving Spouse definition);

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

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

Veteran;

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

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

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

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration

(SBA) regulations regarding small business size and government contracting programs at 13

CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and

VIPlisted SDVOSB, unless otherwise stated in this clause.

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

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

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

U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

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

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

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

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

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

(d) Agreement. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13

CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219–75 or

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

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

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

(2) Supplies/products.

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

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

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

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

SDVOSBs.

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

SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed

SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

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

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

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

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed

SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

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

Program.

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

(End of Clause)

C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (NOV 2022)

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

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

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded.