Solicitation document 36C25624Q0892.docx

36C25624Q0892

A.1 COMBINED SYNOPSIS/SOLICITATION

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13, Simplified Acquisition Procedures for Certain Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. The combined synopsis/solicitation number is 36C25624Q0892.

3. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-04 (eff. 05/01/2024).

4. This requirement is Set Aside 100% for Service Disabled Veteran Owned Small Businesses. The North American Industry Classification System number is 339113 with a size standard of 800 Employees.

5. Place of Performance:

Overton Brooks Veterans Affairs Medical Center 510 East Stoner Ave Shreveport, LA 71101

6. Period of Performance: The period of performance shall be a base period of 60 days after award.

7. All questions regarding this solicitation shall be submitted via email to the Contract Specialist, Tammy DeMille at tammy.demille@va.gov no later than 10:00AM Central Time on 5/16/2024.

8. Quotes are due no later than 5/20/2024 at 10:00AM Central Time and shall be submitted electronically via e-mail to the Contract Specialist, Tammy DeMille at tammy.demille@va.gov.

APPLICABLE Provisions and Clauses:

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under 52.252-2 (see below), starting first with FAR and followed by VAAR.

Table of Contents

SECTION B – CONTINUATION OF COMBINED SYNOPSIS-SOLICITATION

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 36C256 Department of Veterans Affairs Southeast Louisiana Veterans HCS 1555 Poydras Street

New Orleans LA 70112

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.

FSC E-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of scope of work and GENERAL Specifications FOR:

Medical Kits and Incident Command Stations

1. Background: MMUs have been in use by the Department of Veterans Affairs (VA) for more than 20 years. MMUs deliver primary care and other services to which the Veteran beneficiaries who have limited access to VA healthcare services due to low population density, remoteness, or limited local demand for specialized services. MMUs have also been used to identify and enroll Veterans who, for various reasons, may not have sought needed care and services at permanent VA facilities.

MMUs can offer predictably accessible, standardized, and consistent quality healthcare to communities that are too sparsely populated to support a local permanent clinical installation or too remote from other permanent clinical installations for practical access.

MMUs provide service continuity during emergencies when permanent sites of care are disabled or insufficient to meet the demand for healthcare services.

MMUs, while having the unique virtue of portability, have associated limitations, such as reduced treatment space, equipment, supplies, medications, staffing levels and capabilities onboard, and may also have shorter daily hours of operation due to time spent in transit. Because of the fundamental differences between MMUs and permanent medical facilities, VHA has established operational and equipment requirements to ensure MMUs provide a standard of care similar to that offered by permanent medical facilities.

2. Scope: The Overton Brooks VA Medical Center utilizes the Mobile Medical Units in the rural areas of the catchment area. The medical kits will be used inside both OBVAMC Medical Mobile Units to prevent equipment and supplies from being taken from the main facility and CBOC’s.

Specifications/Characteristics):

VeriCor brand name or equal.

Kit contains:

1 EA Smartbook, Ea, system guide that aid in deployment and training

3 EA Case, Medical, Wheeled, Ea

1 EA Medical Organizer W/ 4 Drawers & Table (green), Ea

100 EA Apron, Poly, Extra Long, Heavy Weight, Ea

100 EA Cap, Bouffant, 21", Disposable, Ea

150 EA Cover, Boot, Knee-high, Lg, Ea

150 EA Cover, Boot, Knee-high, Xl, Ea

25 EA Coverall, No Hood, White, Lg, Ea

25 EA Coverall, No Hood, White, Sm/med, Ea

25 EA Coverall, No Hood, White, Xlg, Ea

25 EA Coverall, No Hood, White, Xxlg, Ea

200 EA Glove, Exam, Nitrile, Extended Cuff, Lg, Ea

200 EA Glove, Exam, Nitrile, Extended Cuff, Med, Ea

200 EA Glove, Exam, Nitrile, Extended Cuff, Sm, Ea

200 EA Glove, Exam, Nitrile, Extended Cuff, Xl, Ea

100 EA Hood, Head & Neck Cover, Impervious, Blue, Ea

100 EA Mask, N95, Healthcare, Flat-fold, Ea

25 EA Scrub, Pants, Tie, 2xl, Disposable, Ea

25 EA Scrub, Pants, Tie, Lg, Disposable, Ea

25 EA Scrub, Pants, Tie, Med, Disposable, Ea

25 EA Scrub, Pants, Tie, Xl, Disposable, Ea

25 EA Scrub, Top, 2xl, Disposable, Ea

25 EA Scrub, Top, Lg, Disposable, Ea

25 EA Scrub, Top, Med, Disposable, Ea

25 EA Scrub, Top, Xl, Disposable, Ea

100 EA Shield, Full Face, Disposable, Ea

Approximate Dimensions on Stand: 73” x 39” x 25” Approximate Weight: 100 LBS Choice of hard, wheeled case, or soft carrying case

1 KIT

Kit contains:

1 EA Case, Medical, Wheeled, Ea

1 EA Upright Medical Organizer, Ea

1 EA Portable Stand For Mc-umo, Ea

24 EA Battery, Alkaline, Aa, Ea

12 EA Battery, Alkaline, C, Ea

4 EA Case, Lens, Contact, Ea

1 EA Chart, Eye, Snellen, 6', Ea

100 EA Depressor, Tongue, 6", Sterile, Ea

1 BX Glove, Exam, Nitrile, Lg, Bx/100

1 BX Glove, Exam, Nitrile, Med, Bx/100

1 BX Glove, Exam, Nitrile, Sm, Bx/100

1 BX Glove, Exam, Nitrile, Xl, Bx/100

1 EA Hammer, Percussion, Taylor, Ea

2 Kit, Blood Pressure, W/ 5 Cuff Sizes, Ea

2 Kit, Otoscope/ophthalmoscope Set, Case, Ea

1 Kit, Slide, Hemoccult, W/ 2 Bottles Of Developer, 100 Applicators, Ea

6 EA Light, Penlight, Disposable, Ea

1 EA Light, Penlight, Fluoro-dot, Cobalt Blue, Ophthalmological, Ea

288 EA Lubricant, Jelly, Foil Packet, Sterile, Ea

8 EA Sanitizer, Hand, W/ Aloe, 8oz, Ea

1 EA Scissor, Lister, Bandage, 5.5", Ea

1 EA Scissor, Trauma/bandage/utility, 7.25", Ea

2 EA Solution, Lens, Contact, For Sensitive Eyes, 12oz, Ea

500 EA Speculum, Otoscope, 2.5mm, Ea

500 EA Speculum, Otoscope, 4mm, Ea

4 EA Stethoscope, Multi Frequency, Adult, Ea

1 BX Strip, Fluorescein Sodium, 0.6mg, Usp, Bx/300

100 EA Thermometer, Tempadot, Fahrenheit, Disposable, Ea

300 EA Wristband, Adhesive Closure, Blue, Ea

300 EA Wristband, Adhesive Closure, Red, Ea

Approximate Dimensions on Stand: 73” x 39” x 25” Approximate Weight: 91 LBS

1 KIT

Kit contains:

1 EA Case, Medical, Wheeled, Ea

1 EA Upright Medical Organizer, Ea

1 EA Portable Stand For Mc-umo, Ea

100 Bag, Specimen, Biohazard, 8" X 10", Ea

100 EA Bandage, Sheer Strip, 1" X 3", Ea

1 EA Battery, Lithium, 3v Button, For Glucometer, Ea

25 Cup, Specimen, Grad, 4oz, Screw Top, W/ Label, Sterile, Ea

2 BAG Gauze, Sponge, 2" X 2", Bg/200

1 BX Glove, Exam, Nitrile, Lg, Bx/100

1 BX Glove, Exam, Nitrile, Med, Bx/100

1 BX Glove, Exam, Nitrile, Sm, Bx/100

1 BX Glove, Exam, Nitrile, Xl, Bx/100

1 EA Glucometer, System, Ea

100 EA Holder, Vacutainer Tube/needle Single Use, Ea

100 Kit, Iv Start, W/ Bioclusive Dressing, Ea

4 Kit, Spill, Biohazard, Ea

200 EA Lancet, Safety, 21ga, Ea

100 EA Needle, Vacutainer, Multi-sample, 21ga X 1", Ea

200 EA Pad, Alcohol, Prep, Medium, Sterile, Ea

4 EA Sanitizer, Hand, W/ Aloe, 8oz, Ea

1 EA Scissor, Lister, Bandage, 5.5", Ea

1 EA Scissor, Trauma/bandage/utility, 7.25", Ea

1 SET Solution, Control, Glucometer, High & Low, Set

50 EA Swab, Culture & Transport, Single Swab, Liquid Stuart, Ea

12 EA Tape, Surgical, Plastic, Clear, 1" X 10yd, Ea

2 BXTest Strip, Glucometer, Bx/50

1 BT Test Strip, Urinalysis Reagent 10 Sg, Bt/100

25 EA Test, Pregnancy (hcg), Urine, Ea

25 EA Test, Strep A, Dipstick, Clia Waived, Ea

100 EA Towelettes, Antiseptic, Bzk (benzalkonium) 0.4%, Ea

100 EA Tube, Vacutainer, Plastic, Edta, 4ml, Lavender, Ea

100 EA Tube, Vacutainer, Plastic, Serum, 4ml, Red, Ea

Approximate Dimensions on Stand: 73” x 39” x 25” Approximate Weight: 94 LBS

1 KIT

Kit contains:

1 EA Case, Medical, Wheeled, Ea

1 EA Upright Medical Organizer, Ea

1 EA Portable Stand For Mc-umo, Ea

200 EA Bandage, Sheer Spot, 1", Fabric, Ea

1 EA Book, Nurse's Drug Handbook, Ea

1 EA Calculator, Dual Power, Ea

1 EA Counter, Pill, Manual, W/ Spatula, Ea

500 EA Cup, Medicine, 30ml, Ea

500 EA Envelope, Pill Dispensing, 2.25" X 3.5", Ea

1 BX Glove, Exam, Nitrile, Lg, Bx/100

1 BX Glove, Exam, Nitrile, Med, Bx/100

1 BX Glove, Exam, Nitrile, Sm, Bx/100

1 BX Glove, Exam, Nitrile, Xl, Bx/100

2 EA Holder, Carpu-jet, For Prefilled Syringe, Ea

144 EA Lubricant, Jelly, Foil Packet, Sterile, Ea

100 EA Needle, Blunt Cannula, 18ga X 1.5", Ea

100 EA Needle, Safety, 18ga X 1.5", Ea

100 EA Needle, Safety, 21ga X 1.5", Ea

200 EA Pad, Alcohol, Prep, Medium, Sterile, Ea

12 EA Pen, Ballpoint, Med, Black, Ea

2 EA Sanitizer, Hand, W/ Aloe, 8oz, Ea

1 EA Splitter, Pill, Ea

20 EA Syringe, Catheter Tip, 60ml, Ea

100 EA Syringe, Safety, Insulin, 1ml, 27ga X 0.5", Ea

100 EA Syringe, Luer-lok, 3ml, Ea

100 EA Syringe, Luer-lok, 5ml, Ea

100 EA Syringe, Luer-lok, 10ml, Ea

50 EA Syringe, Luer-lok, 20ml, Ea

100 EA Syringe, Oral, 6ml, Clear, Ea

100 EA Syringe, Safety, 3ml, 21ga X 1.5", Ea

100 EA Syringe, Safety, Tb, 1ml, 25ga X 5/8", Ea

Self-contained, compact, fully lockable mobile unit. Includes: adjustable laptop stand, overhead light, data jacks, inlay map/doc grease board, two Easyboards, a wide wheelbase, lockable wheels, detachable fold-out table, Integrated work surface data and power hub, 3-shelves with built-in electrical, 3-stainless steel drawers, lockable lid stays.

Approximate dimensions: 50”H x 43”W x 25”D Approximate weight: 269 LBS Approximate dimensions of fold out table: 36” x 43” (30” tall) Data jacks: CAT3 & CAT5e

1 EA

Self-contained, compact, fully lockable mobile unit. Includes: adjustable laptop stand, overhead light, data jacks, inlay map/doc grease board, two Easyboards, a wide wheelbase, lockable wheels, detachable fold-out table, Integrated work surface data and power hub, 3-shelves with built-in electrical, 3-stainless steel drawers, lockable lid stays Approximate dimensions: 50”H x 43”W x 25”D Approximate weight: 269 LBS Approximate dimensions of fold out table: 36” x 43” (30” tall) Data jacks: CAT3 & CAT5e

1 EA

Kit includes 20-vests, 20-clipboards, pens, markers, tape, HICS Forms, HICS Pocket Guide, HICS Job Action Sheets, and Incident Command Vests Approximate dimensions: Boxed 20” x 16” x 4” Approximate weight: 10 LBS

2 EA

3. Federal Observed Holidays: The contractor is not required to work on any holiday observed by Federal Government are listed below plus any other day specifically declared by the President of the United States.

4. Hours of Operation: The Contractor shall be responsible for conducting business, between the hours of 0800 and 1600 Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons.

5. SECURITY REQUIREMENTS

None. The contractor will mail all of the kits and the Mobile Incident commands to Emergency Manager, John Taylor, Overton Brooks VA Medical Center, 510 East Stoner Ave, Shreveport, LA 71101

6. TRAINING MANUALS: The vendor shall provide two (2) sets of user and technical manuals as well as an electronic version of operator manuals, service manuals, schematics, troubleshooting guides, parts list, including any upgrades to these documents. These manuals and documentation shall be identical to those supplied to the manufacturer’s service representatives and shall contain the diagnostic codes, commands, and passwords if any utilized in maintenance, repair, and calibration of the equipment.

7. WARRANTY AND SUPPORT: The contractor shall provide manufacturer(s) warranty on devices. Products shall be warranted to be free from failures due to defects in materials or workmanship for a period of 1-year (12 months) to include parts and labor; 1-year (12 months) parts. During the warranty period, the Contractor shall repair or repair without charge, any parts which are deemed to be defective. The vendor shall provide and install manufacturer recommended software upgrades and changes at no additional charge during warranty period. This includes all software on all purchased laser systems and ancillary support equipment.

8. INVOICE AND PAYMENT

Offeror shall submit quotes upon completion. See VAAR Clause 852.232-72, Electronic Submission of Payment Requests for invoicing procedures. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR). A properly prepared invoice will contain:

a) Invoice Number and Date

b) Contractor’s Name and Address

c) Accurate Purchase Order Number

d) Supply or Service provided

e) Total Amount Due

Payments shall be made in accordance with the Prompt Payment Act out of the Government annual appropriated funds obligated in a task order which will be issued after the contract is awarded.

Note: Invoices that are not in compliance with the aforementioned requirements under this paragraph will be rejected for payments and required to be resubmitted

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Part number, SS-ICP-PPE100, Kit - Infection Control and Prevention PPE 100 – Specialized – ID; see attached Statement of Work (SOW) for kit contents and specifications.

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: SS-ICP-PPE100

Part number, MK-E, Kit - Examination - MedKit Module; see attached Statement of Work (SOW) for kit contents and specifications.

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: MK-E 002

Part number, MK-L, Kit - Laboratory - MedKit Module; see attached Statement of Work (SOW) for kit contents and specifications.

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: MK-L 003

Part number, MK-MA, Kit - Medication Administration - MedKit Module; see attached Statement of Work (SOW) for kit contents and specifications.

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: MK-MA 001

Part number, MC-MICC-NB 003, Mobile Incident Command Center (Navy Blue); see attached Statement of Work (SOW) for specifications.

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: MC-MICC-NB003

Part number, MC-MICC-BL 003, Mobile Incident Command Center (Violet Blue); see attached Statement of Work (SOW) for specifications.

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: MC-MICC-BL003

Part number, MC-HICSSM 001, Support Module for MC-HICS; see attached Statement of Work (SOW) for specifications.

PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

LOCAL STOCK NUMBER: MC-HICSSM001

B.3 DELIVERY SCHEDULE

510 East Stoner Ave Shreveport, LA 71101 USA

(318) 990-5170 john.taylor9@va.gov

510 East Stoner Ave Shreveport, LA 71101 USA

510 East Stoner Ave Shreveport, LA 71101

USA

510 East Stoner Ave Shreveport, LA 71101

USA

510 East Stoner Ave Shreveport, LA 71101

USA

510 East Stoner Ave Shreveport, LA 71101

USA

510 East Stoner Ave Shreveport, LA 71101

USA

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(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 certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(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)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

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

(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 certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. 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 (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (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 LOS 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 certified SDVOSBs listed in the SBA certification database (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 certified SDVOSBs listed in the SBA certification database. 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 CFR 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 certified SDVOSBs listed in the SBA certification database.

(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 certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier 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 complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. 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 Veteran Small Business Certification Program 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.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(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) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract…