Solicitation 36C26325Q0567.pdf
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- Attached to
- Courier Service St. Cloud VA Health Care System Federal contract opportunity
- Solicitation number
- 36C26325Q0567
About this file
This document is a Request for Quotes (RFQ) for Courier Services for the St. Cloud VA Health Care System. The solicitation (36C26325Q0567) is a total set-aside for a Service-Disabled Veteran-Owned Small Business (SDVOSB) with a NAICS code of 492110 and a size standard of 1,500 employees. The procurement seeks a contractor to provide courier services for medical supplies, equipment, mail, and other items across multiple locations in Minnesota, including VA clinics in St. Cloud, Brainerd, Alexandria, and Montevideo, as well as other sites like the St. Paul Regional Blood Center and Minneapolis VA.
The contract will be firm-fixed-price with a base period from August 1, 2025, to July 31, 2026, and four potential one-year option periods. Offerors must be verified as an SDVOSB in the Veteran Small Business Certification and have an active System for Award Management (SAM) registration. Technical questions are due by April 14, 2025, at 12:00 PM Central Time, and quotes are due by April 25, 2025, at 12:00 PM Central Time. Quotes must be submitted electronically to John Milroy at john.milroy@va.gov in .pdf or .docx format. The contractor will be responsible for providing courier services with specific requirements for vehicle conditions, driver qualifications, and handling of medical supplies and equipment.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Solicitation 36C26325Q0567 Amendment 0001.pdf | ||
| Combined-Synopsis 36C26325Q0567 Amendment 00001.pdf | ||
| Reference Contract Worksheet.pdf |
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Text version
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
656-25-4-065-0105
36C26325Q0567 04-07-2025
John Milroy john.milroy@va.gov 605-336-3230 04-25-2025
12:00PM CDT
36C263
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
316 Robert Street N. STE. 506
St. Paul MN 55101
X 100
X
492110
1500 Employees
N/A
36C656
VA Medical Center
4801 Veterans Drive
St. Cloud MN 56303
36C263
Y
Electronic Invoicing System
Tungsten Electronic Invoicing
VA Tungsten Number is: AAA544240062
Refer to VAAR Clause 852.232-72
1-877-489-6135
See CONTINUATION Page
This solicitation is for Courier Services to support the VA
St. Cloud Healthcare System as per the Statement of Work.
This procurement is a total Service-Disabled Veteran Owned
Small Business (SDVOSB) Set-aside.
At the time of submission of offer, the offeror shall be registered in the Small Business Administration Veteran
Small Business Certification as a Service-Disabled Veteran
Owned Small Business (SDVOSB) and have an active registration in the System for Award Management (SAM).
Failure to submit any of the required information, and signed certifications will result in rejection of the quote without further consideration for award.
Contract is subject to Wage Determinations Attached.
See CONTINUATION Page
656-3650160-065-828100-2240 010041080
656-25-4-065-0105
X One
John Milroy
VA-VHA-RPOC-2023-0067
36C26325Q0567
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 PRICE/COST SCHEDULE
ITEM INFORMATION
B.3 STATEMENT OF WORK - COURIER SERVICE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2023)
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED
VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)
C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF
COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)
C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)
E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (SEP 2023)
E.3 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS— COMMERCIAL ITEMS
E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (MAY 2024)
E.6 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.7 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—
REPRESENTATION AND DISCLOSURES (DEC 2023)
E.8 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.9 52.216-1 TYPE OF CONTRACT (APR 1984)
E.10 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
E.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
E.13 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)
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 36C263
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 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1.00 YR __________________ __________________
Base Year Annual Contracted Courier Service for the St. Cloud VA Health
Care System, 4801 Veterans Drive, St. Cloud, MN 56303 Contract Period: Base POP Begin: 08-01-2025 POP End: 07-31-2026 PRINCIPAL NAICS CODE: 492110 - Couriers and Express Delivery Services PRODUCT/SERVICE CODE: R602 - Support - Administrative:
Courier/Messenger
Option Year 1 Annual Contracted Courier Service for the St. Cloud VA
Health Care System, 4801 Veterans Drive, St. Cloud, MN 56303 Contract Period: Option 1 POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 492110 - Couriers and Express Delivery Services
Option Year 2 Annual Contracted Courier Service for the St. Cloud VA
Health Care System, 4801 Veterans Drive, St. Cloud, MN 56303 Contract Period: Option 2 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 492110 - Couriers and Express Delivery Services
Option Year 3 Annual Contracted Courier Service for the St. Cloud VA
Health Care System, 4801 Veterans Drive, St. Cloud, MN 56303 Contract Period: Option 3 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 492110 - Couriers and Express Delivery Services
Option Year 4 Annual Contracted Courier Service for the St. Cloud VA
Health Care System, 4801 Veterans Drive, St. Cloud, MN 56303 Contract Period: Option 4 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 492110 - Couriers and Express Delivery Services
GRAND TOTAL __________________
B.3 STATEMENT OF WORK - COURIER SERVICE
INTRODUCTION
The St. Cloud Veterans Affairs Health Care System (St. Cloud VAHCS) has a requirement for a
Courier Service to transport items to and from several locations with most frequent but not all encompassing listed under the “SCHEDULE OF COURIER SERVICES
PERIOD OF PERFORMANCE
Base Year – 8/1/2025-7/31/2026
Option Year 1 – 8/1/2026-7/31/2027
Option Year 2 – 8/1/2027-7/31/2028
Option Year 3 – 8/1/2028-7/31/2029
Option Year 4 – 8/1/2029-7/31/2030
HOURS OF OPERATION
The VA Health Care System are open from 7:00 AM to 5:00 PM (CT) M-F except for Federal
Holidays.
The courier service is not required to service the CBOCs on weekends.
Federal holidays observed by Federal Government can be located at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/
When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday.
When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by the
U.S. Government agencies. Also included, would be any other day specifically declared by the
President of the United States of America to be a National Holiday.
CONTRACTOR QUALIFICATIONS
1. The Contractor will operate the Courier Service in compliance with all Federal Laws and
VHA Directives.
2. The Contractor must demonstrate capability of managing all operations at a local level to ensure proper quality assurance.
3. Contractor must possess a minimum of four years of experience transporting Medical
Supplies and Equipment in rural location that experiences temps in the 90s during the summer, snowy & icy road conditions and temperatures below zero in the winter along with all necessary equipment, personnel and must be financially responsible to perform courier service as required under this contract. Contractor must meet all requirements of federal, state, or city codes and licenses regarding operations of this type of service.
4. Courier services must be done incompliance with Federal Regulation, VHA Directive
1761 Supply Chain Management Operations and VHA Directive 1116 Management of
Critical and Semi-Critical Reusable Medical Devices.
5. Vehicle(s) Requirements
a. The vehicle, driver licensing and vehicle insurance must meet the minimum requirements as mandated by the State of Minnesota and cities operating therein. All vehicles must be owned, lease or rented by the Contractor or
Subcontractor, no privately owned vehicles owned by a subcontractor, employee or a 1099 employee are authorized.
b. The vehicles used are fully enclosed to prevent outside contamination.
c. The vehicles used must not be left unlocked or unattended during transportation of items or cargo from one facility to another. If the vehicle must be unattended, it must be locked/secure.
https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/
d. The vehicles used must contain mechanisms/devices which allow for transport containers to be secured during transport to avoid shifting, preventing damage or contamination.
e. Reusable medical device (RMD), labs, and other temperature sensitive items shall be transported in the passenger compartment of the vehicle in order to maintain a stable environment within the tote unless the Department of Veteran
Affairs authorizes an alternative method of transport.
f. Coolers and other containers containing laboratory specimens (blood, body fluid, tissue, swabs, and glass slides) must be kept upright inside the passenger compartment to maintain a stable temperature to preserve specimen integrity.
g. Per VA policy, the RMD must be maintained at temperature between 66 and 72 degrees with a humidity between 30 and 60 percent. It is recognized that
Minnesota experiences a wide range of temperature variances throughout the year. The contractor will ensure a reasonable stable environment within the vehicle during the transportation of RMD.
h. The contractor will maintain a policy of no smoking or eating in the vehicles in order to ensure the cleanliness of the vehicle and to ensure that any possible contamination of transported goods is minimized.
6. Driver Qualifications
a. All drivers must maintain a valid driver’s license for the type of vehicle operated as required by the State of Minnesota. – Contract must follow applicable laws that are in compliance with MnDOT, US Dept of Transportation Interstate
Commerce commission and the Environmental Protection Agency.
i. All drivers will have the appropriate license as prescribed in Minnesota
Statute 171.02
ii. All drivers will be at least 18 years of age, speak English and be physically capable of operating a motor vehicle.
iii. All interstate drivers will be at least 21 years of age. (on rare occasions we’ve had deliveries go to Fargo or Des Moines)
b. The Contractor shall have only drivers that have a clean driving record for the past two years to drive vehicles for this contract. A copy of the driver’s driving records will be provided to the VA Facility Point of Contact/COR or the
Contracting Officer upon request. Copies will be provided at no additional cost.
c. The Contractor shall perform background investigation on all personnel working on this contract. No person with a criminal offense for financial or fraud related crimes shall be utilized on this contract. Copies may be requested by
Department of Veteran Affairs personnel. Copies will be provided at no additional costs.
d. A record of each driver as to character and physical capabilities of performing the duties as a courier must be maintained and made available to the VA Facility
Point of Contact/COR or the Contracting Officer or the Contracting Officer for inspection upon request. Copies will be provided at no additional cost.
e. Each driver must complete HIPAA and Blood Borne Pathogen Training to transport biohazard waste, lab samples and other pharmaceutical items. Copies must be sent to the Facility Point of Contact when completed.
i. The training records must include:
1. Employee’s name
2. Completion date of most recent training
3. Training materials (copy, description, or location)
4. Name and address of hazmat trainer, and
5. Certification that the hazmat-trained employee has been trained and tested.
f. The Contractor will clean the transport vehicle(s) at the end of each day per an established written cleaning procedure. A log or similar tracking device of cleaning will be kept with the transport vehicle(s).
g. All drivers must have blood borne pathogen training which meet OSHA requirement 1910.1030 and the training records must be provided to the VA
Facility Point of Contact/COR yearly. The Contractor shall certify in writing, for each driver, by name that the driver has been trained in the procedures necessary for transporting Biological Specimens and that the training was conducted by a certified trainer and a training videotape relating to Blood Borne
Pathogen safety was shown to the driver.
h. Drivers transporting RMD will be provided a 15-minute presentation of transporting reusable medical devices (RMD) by Sterile Processing Service
(SPS) staff.
7. The Contractor will maintain liability insurance and any other insurance as required by contract clauses throughout the life of this contract. A copy of all insurance certificate(s) will be provided to the Contracting Officer at time of award. Updated copies may be requested throughout the life of the contract. Copies will be provided at no additional cost when requested.
8. The Contractor will establish a segregation procurement and methods to ensure to ensure that the cargo being taken to one location is not delivered to the wrong location, that sterile medical equipment and supplies will be segregated from anything that may contaminate it.
9. Couriers transporting RMD (at this time only the Brainerd CBOC) will have a cleaning checklist that will be completed each time and returned to Sterile Processing staff at the end of the day.
10. The Contractor shall ensure the confidentiality of all patient information being transported and will be held liable in the event of breach of confidentiality. The
Contractor shall comply with the provisions of the Federal Privacy Act of 1974 (Public
Law 93-579). All employees are required to complete the Privacy HIPAA Training and a list of all employees completing the training will be made available to the VA Facility
Point of Contact/COR Annually. VA Facility Point of Contact/COR will supply the
Contractor with the training required.
11. The Contractor’s employees shall be escorted by VA Staff when the contractor’s employee needs to go beyond public area.
12. The Contractor’s supervisors, drivers and alternates must be able to read, write, speak and understand English. The name of these persons, and an alternate, or alternates, who shall act for the Contractor when the manager is absent, shall be designated in writing to the Contracting Officer. An updated listing will be provided as changes in personnel occur. Contract employees may be required to carry a valid VA identification.
13. The Contractor’s personnel shall always conduct themselves in a professional manner, present a neat appearance and be easily recognized as a Contractor employee by having the company and employee name affixed to a badge that the employee wears at all times The Contractor shall be responsible for furnishing all vehicles, personnel, equipment and supplies, vehicle fuel, uniforms, and/or badges for performance of services under this contract. In turn, the Contractor will report any instances of disrespect towards their drivers to the COR.
14. Contractor/Driver must notify the Community-Based Outpatient Clinic (CBOC) and the mail room of any unusual events that impede the ability of the scheduled pick-up
(Weather/Traffic). Contractor/Driver must notify the VA mailroom at 320-255-6480 x6072 of any unusual events that impede the ability of the scheduled delivery. If delay is after 4:30 and mailroom is closed, the contractor/driver will call SPS at 320-255-7505.
This includes weather related events and traffic accidents. Additionally:
a. Should specimens not be delivered on the same day as pick up, the Contractor will be required to submit a written report to the VA Facility Point of Contact/COR within twenty-four (24) hours explaining the circumstances. Failure to provide the report within the specific time frame will cause further review by the Government to determine if the infraction warrants suspension or termination of the contract.
b. Should specimens be lost or broken, call the VA Facility Point of Contact/COR immediately upon notification and the Contractor will then be required to submit a written report to the VA Facility Point of Contact/COR within twenty-four (24) hours explaining the circumstances. Failure to provide the report within the specific time frame will cause further review by the Government to determine if the infraction warrants suspension or termination of the contract. The VA Facility
Point of Contact/COR will then notify the VA Privacy Officer.
15. Packages which include laboratory specimens must be taken directly to Laboratory.
16. The Contractor shall provide a certificate of insurance to the Department of Veteran
Affairs when requested which shall contain an endorsement to the effect that cancellation of, or any material change in, the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a 30-day written notice of cancellation or change is furnished to the Contracting Officer.
17. Each driver from the courier service must sign the Log Sheet with signature/date/time at the mailroom at the time of picking up the totes. Drivers will carry a log with them and have each stop sign in the appropriate boxes and return completed sign in roster to the mailroom upon return or if the mailroom is closed the next business day.
18. Drivers are strictly prohibited from opening and or repacking the coolers, totes, and mail bags.
19. Drivers are not allowed to transport animals or pets, other passengers, (other than contractor employees) or cargo that may affect the integrity of the VA material being transported.
20. Changes to the agreed schedule must be received in writing 30 days in advance and be approved by the VA Facility Point of Contact. No automatic charges are allowed.
21. Any delayed delivery or pick-up by the Courier Service causing a cancellation of test(s), re-drawing of the patient’s blood specimen(s), and any extra pick-up or deliveries required to deliver the delayed containers to the location specified, will lead to a deduction from the monthly invoices at an amount equal to the cost of the pick-up to recover costs associated with any of these events. More than one (1) missed pick-up or serious Courier Service errors per CBOC facility which leads to an adverse patient care
(i.e., significant delays) within a 12-month period may lead to the VA developing evaluation methods for contractor improvement and possible termination of contract if not improved.
DEPARTMENT OF VETERAN AFFAIRS RESPONSIBILITIES
1. The Department of Veterans Affairs shall clean before use, seal and mark totes of
Reusable Medical Devices (RMD) and any bio-hazard item.
2. The VA will provide all packing materials to include ice, dry ice and coolers for specimens or vaccines to maintain temperature stability.
3. The VA will provide training and or education for special handling requirements to include education for the transportation of hazardous medications and RMD.
4. The Department of Veterans Affairs will identify a Facility Point of Contact for this service. The St. Cloud VA Health Care System Facility Point of Contact is the Facility
Logistics Officer. Contact information will be provided upon contract award. The Facility
Logistics Officer is responsible for monitoring contractor work.
5. The Department of Veteran Affairs will monitor temperature and humidity within the totes and ensure packaging is enclosed in a leak-proof and secure tote.
6. The Department of Veteran Affairs reserves the right to increase or decrease the scope of the contract. Any addition or decrease to the scope of the contract will be done through a bilateral contract modification negotiated with the contractor.
QUALITY ASSURANCE
1. The Contractor shall develop and maintain a quality control program that ensures courier services are performed in accordance with these specifications.
2. The Contractor shall develop and implement procedures to track, identify, prevent, remedy, and ensure non-recurrence of defective services.
3. The Contractor shall provide a method to accept and resolve customer complaints and notify the customer of the resolution. The Contractor shall immediately notify the VA
Facility Point of Contact/COR upon receipt of a customer complaint so joint validation may be accomplished. The Contractor is responsible for quality control and specification compliance.
4. The Department of Veteran Affairs will evaluate the Contractor’s performance using customer feedback, periodic on-site inspections, and at the VA’s discretion, may inspect each task to determine conformance and acceptance prior to payment.
5. Contractor is responsible to ensure blood born pathogen training and HIPAA Training is completed annually by all primary/new and substitute drivers. Any change in the roster will be forwarded to the VA Facility Point of Contact.
INSPECTION
1. The Department of Veteran Affairs will have the right to thoroughly inspect and investigate the establishment’s vehicles, facilities, business reputation and other qualifications at any time.
2. The Department of Veteran Affairs reserves the right to restrict any Contractor employee from performing services under this contract who do not meet the required qualifications, or who violate Federal regulations or are identified as a potential threat to the security, safety, health and/or operational mission of VA and its veteran population. The restriction of such
Contractor personnel shall not relieve the contractor from performing all the required services in accordance with all terms, conditions, and schedules contained herein.
3. If The Department of Veteran Affairs determines that a driver does not possess the required qualifications, or if a particular driver establishes a pattern of non-conformance with the procedures set forth as requirements, the VA may prohibit that driver from performing services under the contract.
4. The Contractor will ensure each vehicle has a Personal Protection and Equipment (PPE) kit with each vehicle for the purpose of spills. The kit at a minimum will include nitrile gloves and disinfection wipes. RMD and bio-hazard totes should be placed on a wipeable surface and cleaned between deliveries.
SCHEDULE OF COURIER SERVICES
The Vendor is to provide:
1. A fixed rate for all costs for courier service by company as listed below. Costs to include vehicle, driver, mileage, time, weight, and all other reasonable costs associated with courier services.
2. On Call, (24/7, 365 days a year) contractor shall transport various laboratory specimens, medical and pharmaceutical supplies with a twenty-minute response time to initiate pickup.
3. The approximate maximum cubic feet to be transported at one time are 120 cubic feet, though the majority of all requirements are less than 60 cubic feet.
DELIVERY AND PICKUP LOCATIONS
1. US Post Office Distribution Center, 517 10th Avenue South, Waite Park, MN
2. Montevideo VA Clinic, 814 North 11th Street, Montevideo, MN 56265
3. Alexandria VA Clinic, 410 30th Ave. East, Alexandria, MN 56308
4. Brainerd VA Clinic, 722 NW 7th Street, Brainerd, MN 56401 (*Location may change in OY3 or OY4)
5. St. Paul Regional Blood Center, 100 South Robert Street North, St. Paul, MN 55107
6. St. Cloud Hospital Lab, 1406 N. 6th AVE, St. Cloud, MN 56303
7. Minneapolis VA, Clinical Resource Center (113), Chem lab BB147, ONE Veterans Drive, Minneapolis, MN 55417
8. Medline, 13115 Brockton Ln N, Rogers, MN 55374
9. Walmart, 21 Co Rd 120, St. Cloud, MN 56303
10. Northwest Metro VA Clinic, 7545 Veterans Drive, Ramsey, MN 55303
11. Minnesota Dept of Health, 625 Robert St. North, St. Paul, MN 55164
12. Various local (St. Cloud Area) – example – St. Cloud Ear Nose and Throat: 1528 Northway
Dr. St. Cloud on call as needed (typically Minneapolis VA & Prime Vendor Supplier warehouse in Brooklyn Park)
Contact information for each location will be provided after award.
TRANSPORTATION REQUIREMENTS
1. Driver must notify the respective CBOC, mailroom and if after hours at 320-255-6480 x6072 of any delays or problems with transportation services. If a delay of service es should occur, the company receiving the contract must dispatch a replacement driver to continue providing services within twenty minutes of notification, so services are not interrupted.
PICKUP AND DELIVERY SCHEDULE:
Scheduled Deliveries
Item
Number
Item Pick up from
Pick up time Deliver to Delivery time
Frequency
1 US Mail (letter trays, totes, bins etc) up to 60 cu ft
US Post
Office
Distribution
Center
After 6am Mailroom Bldg
48 Rm 11
No Earlier than 7am –
No Later
Than
7:30am
M-F
2 Lab Specimen
Totes, Mail Totes, Pharmaceuticals, Laundry Items, Medical Supplies, Office Supplies, Medical
Equipment. Up to
120 cu ft
Mailroom
Bldg 48 Rm
Laundry
Bldg 59
No Earlier than 10 am from
Mailroom
CBOCs
(Sites B,C & D
M-F -This is a round trip delivery
(see item
#3)
3 Lab Specimen
Totes, Mail Totes, Pharmaceuticals, Laundry Items, Medical Supplies, Office Supplies, Medical
Equipment. Up to
120 cu ft
CBOCs
(Sites B, C
& D)
No Earlier than
12:30pm
SPS Bldg 50
Rm 19
Mailroom Bldg
48 Rm 11
Laundry Bldg
Lab Bldg 1 Rm
A56
No Later than 3:15pm to the
Mailroom
M-F
This is a round trip delivery –
(see item
#2)
4 Lab Specimen
Totes, Mail Totes, Pharmaceuticals, Laundry Items, Medical Supplies, Office Supplies, Medical
Equipment. Up to
120 cu ft
(2nd Run)
Mailroom
Bldg 48 Rm
No Earlier than 1:30pm
Brainerd CBOC M-F
This is a second round trip delivery to
Brainerd only – (see item #5)
5 Lab Specimen
Totes, Mail Totes, Pharmaceuticals, Laundry Items, Medical Supplies, Office Supplies, Medical
Equipment. Up to
120 cu ft
Brainerd
CBOC
No Earlier than 3:00pm
SPS Bldg 50
Rm 19
Lab Bldg 1 Rm
A56
No Later than 5:00 pm to
SPS/Lab
M-F
This is a second round trip delivery to
Brainerd only – (see item #4)
6 Lab Specimen
Totes, Mail Totes, Pharmaceuticals, Laundry Items, Medical Supplies, Office Supplies, Medical
Equipment. Up to
120 cu ft
St. Cloud
VA, Lab
No earlier than 0730
Minneapolis VA
M-F
This is a round trip delivery – see item #7
7 Lab Specimen
Totes, Mail Totes, Pharmaceuticals, Laundry Items, Medical Supplies, Office Supplies, Medical
Equipment. Up to
120 cu ft
(Return trip)
Minneapolis
VA
This is a round trip delivery – see item #6
Saint Cloud
Lab
M-F
This is a round trip delivery – see item #6
8 Lab Specimen
Totes, Mail Totes, Pharmaceuticals, Laundry Items, Medical Supplies, Office Supplies, Medical
Equipment. Up to
120 cu ft
St. Cloud
VA, Lab
No earlier than 1215
Minneapolis VA M-F
This is a 2nd round trip delivery – see item #9
9 Lab Specimen
Totes, Mail Totes, Pharmaceuticals, Laundry Items, Medical Supplies, Office Supplies, Medical
Equipment. Up to
120 cu ft
(Return trip)
Minneapolis
VA
This is a 2nd round trip delivery – see item #8
Saint Cloud
Lab
M-F
This is a 2nd round trip delivery –
(see item
#8)
10 Lab Specimen
Totes, Mail Totes, Pharmaceuticals, Laundry Items, Medical Supplies, Office Supplies, Medical
Mailroom
No Earlier than 1400
Alexandria
CBOC
Friday
This is second delivery to the Alex
CBOC only on Fridays and is a
Equipment. Up to
120 cu ft
2nd Run Friday round trip – see item
#11
11 Lab Specimen
Totes, Mail Totes, Pharmaceuticals, Laundry Items, Medical Supplies, Office Supplies, Medical
Equipment. Up to
120 cu ft
Alexandria
CBOC
No earlier than 1530
SPS Bldg 50
Rm 19
Lab Bldg 1 Rm
A56
Friday
This is second delivery to the Alex
CBOC only on Fridays and is a round trip – see item
#10
Unscheduled deliveries / As needed
12 US Mail (letter trays, totes, bins, bilk bags etc) up to 60 cu ft
Mailroom
Bldg 48 Rm
After 3:30pm
Mailroom
Pharmacy
No Later
Than 4pm
Bldg 1 Rm
A56
US Post Office
Distribution
Center
No Later than 5pm
As needed.
This is a local delivery
13 Lab Specimen
Totes, Mail Totes, Pharmaceuticals, Laundry Items, Medical Supplies, Office Supplies, Medical
Equipment
St. Cloud
Hospital /
Lab
Or
Mailroom
Bldg 48 /
Lab Bldg 1
Rm A56
On Call Mailroom Bldg
48 / Lab Bldg 1
Rm A56
St. Cloud
Hospital / Lab
As needed.
This is a local delivery -
On average this is 2-3 times per week
14 Lab Specimen
Totes, Mail Totes, Pharmaceuticals, Medical Supplies, , Medical
Equipment
Ramsey VA
Clinic
On Call Lab Bldg 1 Rm
A56
As needed on average
2-3 times per week and conducted with
Minneapolis
VA run
15 Blood Supplies St. Paul
Regional
Blood
Center
MN Dept of
Health
On call Lab Bldg 1 Rm
A56
As needed.
roughly once a week usually conducted with
Minneapolis
VA run
16 Medical Supplies Medline
(Rogers, MN)
On Call Warehouse – bldg. 14
As needed.
Rare instance – maybe once a month
17 Various Supplies Local
Various locations (ie
St. Cloud
ENT,
Walmart, Coborns or
Mailroom
Bldg 48 Rm
On Call Mailroom Bldg
48, Rm 11 or
Local Various locations (ie St.
Cloud ENT)
As Needed.
Local delivery –
On average
– once per week
Site
Number
Item
Number
Site Unit Quantity / year
A 1, 12 US Post Office Distribution Center Trip 250
517 10th Avenue South
Waite Park, MN
B 2, 3 Montevideo VA Clinic
Trip 250
814 North 11th Street
Montevideo, MN 56265
C 2, 3, 10, Alexandria VA Clinic
M-F
Trip 300
410 30th Ave. East
Alexandria, MN 56308
D 2, 3, 4, Brainerd VA Clinic
Trip 500
722 NW 7th Street
Brainerd, MN 56401
E 15 St. Paul Regional Blood Center
24/7
Trip 50
100 South Robert Street North
St. Paul, MN 55107
F 13 St. Cloud Hospital Lab
Trip 125
1406 N. 6th AVE
St. Cloud, MN 56303
G 6, 8 Minneapolis VA
Clinical Resource Center(113)
24/7
Trip 500
Chem lab BB147
ONE Veterans Drive
Minneapolis, MN 55417
H 16 Medline 24/7 Trip 10
13115 Brockton Ln N
Rogers, MN 55374
I 17 Walmart
21 Co Rd 120, St. Cloud, MN 56303
Trip 20
J 20 Northwest Metro VA Clinic
7545 Veterans Drive
Ramsey, MN 55303
Trip 100
K 17 Various local (St. Cloud Area) – example – St. Cloud Ear Nose and Throat: 1528 Northway Dr. St.
Cloud
J 15 Minnesota Dept of Health
625 Robert St. North
St. Paul, MN 55164
SECTION C - CONTRACT CLAUSES
System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial
Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
Clauses added or deviated by Class Deviation from the Federal Acquisition Regulation (FAR)
Regarding Executive Orders 14173 and 14168
• 52.204-8, Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)
• 52.212-3, Offeror Representations and Certifications—Commercial Products and
Commercial Services (MAY 2024) (DEVIATION FEB 2025)
• 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive
Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB
2025)
• 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) (DEVIATION FEB 2025)
• 52.222-6 Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB 2025)
• 52.222-11 Subcontracts (Labor Standards) (MAY 2014) (DEVIATION FEB 2025)
• 52.222-12 Contract Termination—Debarment (MAY 2014) (DEVIATION FEB 2025)
• 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2025)
(DEVIATION FEB 2025)
VAAR Clause 852.222-71 added by class deviation in accordance with Federal Acquisition
Regulation (FAR) 1.404, and VAAR 801.404, Class deviations, to require contractor compliance with E.O. 13899, Combatting Anti-Semitism.
It is the vendor’s responsibility to review the deviated clauses by any Executive Order.
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The
Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims
Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the
Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the
Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by
Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt
Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-
5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the
Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the
Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The
Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the
Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain
Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with
Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service
(TOS), or similar legal instrument or agreement, that includes any clause requiring the
Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
(End of Addendum to 52.212-4)
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)
(a)…
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