Solicitation 36C26122R0007.docx

36C26122R0007

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

640-22-1-5057-0006

36C26122R0007 05-04-2022 Cindy Smith 808-539-1306 05-18-2022

10AM

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 95652-2609

X

541620 $16.5 Million

N/A

VA Palo Alto Health Care System 3801 Miranda Avenue

Palo Alto CA 94304 Department of Veterans Affairs Department of Veterans Affairs VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 95652-2609

Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

The contractor shall provide all labor, tools, materials, supplies, travel, and supervision required to provide air monitoring and testing for asbestos in accordance with the attached Statement of Work (SOW)

This solicitation includes FAR Provision 52.237-1 Site Visit. Contractor's interested in providing a quote for this requirement are responsible for contacting Antonio Alexander at (650) 493-5000 ext. 22523 to schedule a site visit.

Any questions arising from the site visit that may affect this solicitation and statement of work will be responded to via a solicitation amendment. Questions shall be directed in writing to Cindy Smith (cindy.smith@va.gov).

Any changes to the solicitation or statement of work or terms and conditions of the solicitation will only be made by an amendment to the solicitation issued by the Government if applicable.

Mark J. Mikus Contracting Officer

Table of Contents

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 36C261 Mark J. Mikus Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 95652-2609

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

3. INVOICES: Invoices shall be submitted in arrears:

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:

Statement of Work Safety and Emergency Management Service Sample Testing and Evaluation VA Palo Alto Health Care System

Section 1: General Information

1.1 General: This is a non-personnel services contract to air monitoring and testing for asbestos during renovation and or remodeling projects. The Contractor shall also provide lead sampling and testing, noise testing and evaluation, indoor air quality assessments, as well as any industrial hygiene service for the VA Palo Alto California Health Care System. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall not accept any instructions issued by any person employed by the U.S. Government, other than the Contracting Officer (CO), or the Contracting Officers Representative (COR), all acting within the limits of their authority.

1.2 Period of Performance:

1.2.1 Hours of Operation: The contractor shall work from at least 8:00AM – 4:30PM, Monday through Friday, excluding Federal Government holidays including the following holidays observed by the Federal Government:

1.2.2 Location(s):

Other Community Based Outpatient Clinics:

1.3 Type of Contract: The government will award a firm fixed price indefinite delivery indefinite quantity (IDIQ) contract.

1.4 Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

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, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov Section 2: Definitions & Acronyms

2.1 Definitions:

Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

Section 3: Government Furnished Property, Equipment, and Services None Section 4: Contractor Furnished Items and Services The Contractor shall provide all equipment, supplies, management, supervision, personnel, and transportation necessary to assure that all services are in accordance with the contract and all applicable laws and regulations. The contractor shall ensure all work meets performance standards specified in this Statement of Work (SOW) and referenced documents.

Section 5: Scope of Work The Contractor should provide Industrial hygiene services throughout to VA Palo Alto Health Care System.

Industrial Hygiene services include the following:

· Indoor air testing for Formaldehyde, Xylene, Toluene, Nitrous oxide, halogenated waste anesthetic gases, alcohols)

· Test for bulk asbestos samples, collect air samples for mold spores and wipe samples

· Provide noise surveys as needed

· Conduct monthly respirable dust monitoring

· Provide N95 and Half-face respirator fit testing and annual OSHA Respiratory Protection Training as needed throughout VAPAHCS

· Provide immediate IH services in an emergency situation (fit testing, noise monitoring, indoor air quality check, dust from construction etc.)

· Provide final air clearance testing after asbestos abatement work

5.1 The contractor shall have the capabilities to perform asbestos identification and counting adhering to NIOSH Methods 7400, 7402, and 9002 in various substrates such as but not limited to air filters, tape, floor tiles, mastic, insulation, wall board, sheet rock, etc. The contractor shall have the capability to perform point counting as requested to accurately determine the percentage of asbestos below 1 percent in bulk samples submitted for identification. The contractor shall have the capabilities to identify bacteria, mold, and fungi collected in various substrates such as wood, tape, filters, etc. by genus and species. The contractor shall be able to provide health information on mold and fungi. The contractor shall, at a minimum, have the capabilities to provide a turn-around time of same day service for asbestos identification and counting.

5.2 The contractor shall have the capabilities to send qualified personnel out to field sites to monitor asbestos abatement contractors to ensure compliance with Federal, State, County, and City regulations, to provide air monitoring for asbestos as requested, and to provide asbestos clearance air sampling. The contractor will have the capability to obtain bulk asbestos samples for identification. Sampling shall be in accordance with the AHERA regulations.

5.3 The contractor shall be certified by the California Department of Public Health as to conduct lead hazard evaluations, lead abatement plan preparation, lead abatement work, and lead clearance inspections for residential and public buildings.

5.4 The contractor shall have the capabilities to collect and analyze paint chips, air samples, dust, soil, or use an XRF machine to test painted surfaces for lead. The contractor shall have the capabilities to conduct clearance lead testing at the end of any lead project to determine if contamination still exists. The contractor shall have the capabilities to interpret the results and document the information into a report.

5.5 The contractor shall provide all necessary equipment for their field personnel to perform asbestos air sampling, collecting samples for asbestos and/or lead analysis, bacteria, mold, fungi, personal protective equipment, and transportation.

5.6 The contractor shall have the capabilities to conduct indoor air quality investigations, and provide industrial hygiene services such as but not limited to air and noise sampling, ventilation measurements, and non-ionizing and ionizing radiation measurements. The contractor shall provide a detailed report with the results and interpretation to the Facility Industrial Hygienist (FIH).

5.7 The contractor shall have the capabilities to analyze organic and inorganic compounds on air sampling media such as but not limited to charcoal, anasorb, silica gel, tenax, PVC and MCEF filters, etc. The contractor shall use only approved methods when analyzing samples.

5.8 The Contractor shall be able to forward the samples to a laboratory where analysis are performed and be able to obtain results per Chain of Custody form (24 hour to 2-weeks, as indicated) The Contractor shall have the capabilities to accept walk-in, dropped off samples from the COR and/or FIH or designated representative.

5.9 Upon request by the Facility Industrial Hygienist (FIH), the Contractor shall be available immediately (within 24-hours) for the necessary testing.

5.10 Asbestos and mold bulk samples; results shall be provided to the FIH within two weeks from test date.

5.11 For asbestos air clearance test, results shall be provided to the FIH within 24 hours.

5.12 Each final survey report shall consist of test results, recommendations and delivered to the FIH and/or COR within ten (10) business days. Report can be provided via electronically (e-mailed) or hard copy. The FIH and/or COR or Chief of Safety are the only individuals that can request for tests.

Section 6: Other Requirements

6.1 The laboratory must have a Certified Asbestos Consultant (CAC) on staff. In addition, personnel performing the field work must either be a CAC or Certified Site Surveillance Technician (SST). Second, the laboratory must be National Voluntary Laboratory Program (NVLAP) accredited as required by 29 CFR 1926.1101 to perform asbestos identification. Third, the laboratory must be accredited by the American Industrial Hygiene Association’s (AIHA) Environmental Microbiology Laboratory Accreditation Program, AHIA’s Environmental Lead Laboratory Accreditation Program, and the California Environmental Laboratory Accreditation Program which allows them to conduct lead and metal analysis, culture bacteria and fungi.

See attached document: WD 2015-5623 Rev 18 dtd 3-15-22 Alameda Contra Costa.

See attached document: WD 2015-5637 Rev 21 dtd 3-15-22 San Mateo.

See attached document: WD 2015-5641 Rev 19 dtd 3-15-22 Santa Clara.

See attached document: WD 2015-5649 Rev 15 dtd 3-15-22 Santa Cruz.

See attached document: WD 2015-5619 Rev 17 dtd 3-15-22 Stanislaus.

See attached document: WD 2015-5653 Rev 15 dtd 3-15-22 San Joaquin.

See attached document: WD 2015-5633 Rev 15 dtd 3-15-22 Monterey.

See attached document: WD 2015-5665 Rev 19 dtd 3-15-22 Calaveras Tuolumne.

Price Schedule – Base Year June 1, 2022 – May 31, 2023

CLIN#

Description

Per Hour Total Price

Consulting Services

Per Analysis

Polarized Light Microscopy (PLM) - Standard Building Materials (EPA Method 600/R-93-116)

Complex Matrices (greater than 3 layers)

Point Counting, 400 Points (in addition to PLM)

Airborne Asbestos Fiber Counting (AHERA)

Metal Analysis by Atomic Absorption Spectroscopy (AA) or inductively coupled Plasma Spectroscopy (ICP), Metal Concentration – Air, Paint Chips, Soil, Water, Dust for

CLINS #0006-0012

Specialty Laboratory Services – Waste Extraction (extraction only) for

CLINS #0013-0014

Specialty Laboratory Services – Waste Characterization for CLINS #0015-0016

Welding Fume Analysis 13 Metals, Method OSHA ID 125G

Viable Fungi, Air Samples – Andersen Samples RCS Strips for CLINS # 0018-0020

Viable Fungi – Bulk/Surface Samples (Bulk, Swabs, Dust, etc.) CLINS #0021-0024

Non-Viable Fungi for CLINS #0025-0028

Total Estimated Price for Base Year

Price Schedule – Option Year 1 – June 1, 2023 – May 31, 2024

Description

Total Price

Consulting Services

Polarized Light Microscopy (PLM) - Standard Building Materials (EPA Method 600/R-93-116)

Complex Matrices (greater than 3 layers)

Point Counting, 400 Points (in addition to PLM)

Airborne Asbestos Fiber Counting (AHERA)

Metal Analysis by Atomic Absorption Spectroscopy (AA) or inductively coupled Plasma Spectroscopy (ICP), Metal Concentration – Air, Paint Chips, Soil, Water, Dust for

CLINS #1006-1012

Specialty Laboratory Services –

CLINS #1013-1014

Specialty Laboratory Services – Waste Characterization for CLINS #1015-1016

Welding Fume Analysis 13 Metals, Method OSHA ID 125G

Viable Fungi, Air Samples – Andersen Samples RCS Strips for CLINS #1018-1020

Viable Fungi – Bulk/Surface Samples (Bulk, Swabs, Dust, etc.) CLINS #1021-1024

Non-Viable Fungi for CLINS #1025-1028

Total Estimated Price for Option Year 1

Price Schedule – Option Year 2 - June 1, 2024 – May 31, 2025

Description

Total Price

Consulting Services

Polarized Light Microscopy (PLM) - Standard Building Materials (EPA Method 600/R-93-116)

Complex Matrices (greater than 3 layers)

Point Counting, 400 Points (in addition to PLM)

Airborne Asbestos Fiber Counting (AHERA)

Metal Analysis by Atomic Absorption Spectroscopy (AA) or inductively coupled Plasma Spectroscopy (ICP), Metal Concentration – Air, Paint Chips, Soil, Water, Dust for

CLINS #2006-2012

Specialty Laboratory Services –

CLINS #2013-2014

Specialty Laboratory Services – Waste Characterization for CLINS #2015-2016

Welding Fume Analysis 13 Metals, Method OSHA ID 125G

Viable Fungi, Air Samples – Andersen Samples RCS Strips for CLINS #2018-2020

Viable Fungi – Bulk/Surface Samples (Bulk, Swabs, Dust, etc.) CLINS #2021-2024

Non-Viable Fungi for CLINS #2025-2028

Total Estimated Cost for Price Option Year 2

Price Schedule – Option Year 3 - June 1, 2025 – May 31, 2026

Description

Total Price

Consulting Services

Polarized Light Microscopy (PLM) - Standard Building Materials (EPA Method 600/R-93-116)

Complex Matrices (greater than 3 layers)

Point Counting, 400 Points (in addition to PLM)

Airborne Asbestos Fiber Counting (AHERA)

Metal Analysis by Atomic Absorption Spectroscopy (AA) or inductively coupled Plasma Spectroscopy (ICP), Metal Concentration – Air, Paint Chips, Soil, Water, Dust for

CLINS #3006-3012

Specialty Laboratory Services –

CLINS #3013-3014

Specialty Laboratory Services – Waste Characterization for CLINS #3015-3016

Welding Fume Analysis 13 Metals, Method OSHA ID 125G

Viable Fungi, Air Samples – Andersen Samples RCS Strips for CLINS #3018-3020

Viable Fungi – Bulk/Surface Samples (Bulk, Swabs, Dust, etc.) CLINS #3021-3024

Non-Viable Fungi for CLINS #3025-3028

Total Estimated Cost for Price Option Year 3

Price Schedule – Option Year 4 - June 1, 2026 – May 31, 2027

Description

Total Price

Consulting Services

Polarized Light Microscopy (PLM) – Standard Building Materials (EPA Method 600/R-93-116)

Complex Matrices (greater than 3 layers)

Point Counting, 400 Points (in addition to PLM)

Airborne Asbestos Fiber Counting (AHERA)

Metal Analysis by Atomic Absorption Spectroscopy (AA) or inductively coupled Plasma Spectroscopy (ICP), Metal Concentration – Air, Paint Chips, Soil, Water, Dust for

CLINS #4006-4012

Specialty Laboratory Services –

CLINS #4013-4014

Specialty Laboratory Services – Waste Characterization for CLINS #4015-4016

Welding Fume Analysis 13 Metals, Method OSHA ID 125G

Viable Fungi, Air Samples – Andersen Samples RCS Strips for CLINS #4018-4020

Viable Fungi – Bulk/Surface Samples (Bulk, Swabs, Dust, etc.) CLINS #4021-4024

Non-Viable Fungi for CLINS #4025-4028

Total Estimated Cost for Price Option Year 4

Reference FAR Clause 52.216-22, Indefinite Quantity, the following minimum and maximum values are provided for the purpose of paragraph (b) of the clause:

1. The minimum amount for the life of the contract including options is $3,000.00. The Government will obligate the minimum guarantee at the time of awarding the basic contract, by issuing a task order with an amount that is equal to or greater than the minimum guarantee.

1. The maximum value for the life of the contract including options is $1,500,000.00.

36C26122R0007 Note to Contractors: Ensure that you follow the submittal instructions on pages xx – xx (FAR 52.212-1 and 52.212-2, including their addendums) and include in your quotation the information identified in the instructions so that your quote may be properly evaluated. Failure to follow these instructions may cause your quotation not to be considered for contract award.

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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. 2409 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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause) C.3 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause— United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of Clause)

C.4 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: $500,000.00 per person; $100,000.00 per occurrence and $100,000.00 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…