SAMDaily.us | PRESOL | W | POSTAGE METER & AUTOMAED MAILING SYSTEM WITH MAINTENANCE - (377 - SAN DIEGO)

SAMDAILY.US - ISSUE OF JANUARY 30, 2021 SAM #7002
SOLICITATION NOTICE

W -- POSTAGE METER & AUTOMAED MAILING SYSTEM WITH MAINTENANCE - (377 - SAN DIEGO)

Notice Date: 1/28/2021 2:28:39 PM
Notice Type: Combined Synopsis/Solicitation
NAICS: 532420 — Office Machinery and Equipment Rental and Leasing
Contracting Office: VBA FIELD CONTRACTING (36C10E) WASHINGTON DC 20006 USA
ZIP Code: 20006
Solicitation Number: 36C10E21Q0042
Response Due: 2/10/2021 10:00:00 AM
Archive Date: 04/11/2021
Point of Contact: Debra Rollins, Contract Officer, Phone: 254-299-9413
E-Mail Address: debra.rollis@va.gov
(debra.rollis@va.gov)
Small Business Set-Aside: SDVOSBC Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)
Awardee: null
Description: 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. DUNS: DUNS+4: 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. 2/2012) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 7. FOR SOLICITATION INFORMATION CALL: STANDARD FORM 1449 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 27 VA 36C10E21Q0042 01-28-2021 Debra Rollins 254-299-9413 02-10-2021 12:00 PM CST 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W. Washington DC 20006 X 100 X 532420 $35 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration SEE PRICE/COST & DELIVERY SCHEDULE 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W. Washington DC 20006 All invoices must be emailed to: jasen.braginton@va.gov debra.rollins@va.gov See CONTINUATION Page Please refer to the attached Price/Cost & Delivery Schedule and Statement of Work. This requirement is set-aside 100% for Service Disabled Veteran Owned Small Business (SDVOSB) Concerns. Only VA verified SDVOSB concerns in the Vetbiz database (Vetbiz.gov at the time of quote submission will be considered for award. Quotes received from unverified SDVOSB concerns will be considered non-responsive to the requirements of the solicitation. Quotes from unverified SDVOSB concerns are considered deficient and will not be evaluated. ALL QUESTIONS SHALL BE SUBMITTED TO DEBRA.ROLLINS@VA.GOVPM NO LATER THAN 12 PM (CST) ON FEBRUARY 5TH, 2021. ALL QUESTIONS WILL BE ANSWETED VIA AN AMENDMENT TOTHE SOLICITATION. QUOTES ARE DUE NO LATER THAN 12PM (CST) ON FEBRUARY 10, 2021 AND SHALL BE EMAILED TO DEBRA.ROLLINS@VA.GOV. See CONTINUATION Page X X X DEBRA D. ROLLINS VA-VBA-2019-B4E06D61 36C10E21Q0042 Page 1 of Page 3 of 60 Page 1 of Table of Contents SECTION A 1 A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1 SECTION B - CONTINUATION OF SF 1449 BLOCKS 3 B.1 CONTRACT ADMINISTRATION DATA 3 B.2 STATEMENT OF WORK .5 B.3 PRICE/COST SCHEDULE 7 ITEM INFORMATION 7 B.4 DELIVERY SCHEDULE 8 SECTION C - CONTRACT CLAUSES 9 C.1 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS (OCT 2018) 9 C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 15 C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 15 C.4 52.232-18 AVAILABILITY OF FUNDS (APR 1984) 15 C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) 15 C.6 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019) 17 C.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) 18 C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018) 20 C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) 21 C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 22 C.11 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 22 C.12 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) 24 SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 34 SECTION E - SOLICITATION PROVISIONS 35 E.1 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS (JUN 2020) 35 E.2 52.212-2 EVALUATION COMMERCIAL ITEMS (OCT 2014) 39 E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 57 E.4 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) 57 36C10E21Q0042 Page 1 of Page 5 of 60 Page 1 of 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 36C10E Debra Rollins Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W. Washington DC 20006 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. All invoices must be emailed to: debra.rollins@va.gov ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE MAILING SYSTEM AND POSTAGE METER RENTAL 10 of 60 Page 10 of 60 STATEMENT OF WORK 1. PROJECT 1.1 Title of Project: Rent Mailing System and Postage Meter with Maintenance 2. TASKS AND ASSOCIATED DELIVERABLES Description of Tasks and Associated Deliverables: The Vendor shall provide the deliverables described below. 2.1 Rent Mailing System and USPS Approved Postage Meter. 2.2 This Statement of Work (SOW) is for commercial items. 2.3 All items shall be FOB Destination to Veterans Affairs (VA), San Diego Regional Office (SDRO), 8810 Rio San Diego Dr, Service Support Division, San Diego, CA 92108-1622. 3. EQUIPMENT REQUIREMENTS: 3.1 Automated Mailing System with USPS Approved Postage Meter: 3.1.1 USPS approved Postage Meter with scale capability to weigh packages up to 70lbs. 3.1.2 Automated Envelope Feeder 3.1.3 The capability to process envelopes of various sizes. 3.1.4 The capability to process mail up to 110 Letters per Minute (lpm). 3.1.5 Dynamic Scale in compliance with USPS® regulations. 4. OPERATING CHARACTERISTICS 4.1 The capacity to process mail ranging in size from post cards to 10"" x 13"" flats with a thickness of 0.3 or less. 4.2 The capability to process mail up to 110 lmp. 4.3 The capability of adding funding refills using analog or internet/network connectivity. 4.4 The capability to be connected to a public ISP computer network, using a digital connection; an analog connection can be used for software updates. 4.5 Devices connected to the public ISP computer network shall be able to support network protocols such as, but not limited to, IEEE 802.1X, IPV6, WINS, SNMP V3 and HTTPS. 4.6 Government data including but not limited to customer account information, and funding information contained within the device shall become the property of the Government. The Government reserves the right to require the contractor to remove all internal or externally attached storage devices and transfer title of such devices to the Government for proper disposal. This may be required as a result of maintenance where the device needs to be replaced or upon completion or termination of this contract. 4.7 Postage Meter/Equipment shall be USPS approved. 5. GENERAL INFORMATION 5.1 Period of Performance: One-year, with an option for two additional years. 5.2 Base Year: 03/15/2021 to 03/14/2022 Option year 1: 03/15/2022 to 03/14/2023 Option year 2: 03/15/2023 to 03/14/2024 5.3 Period of Performance shall begin within sixty (30) days after receipt of order and adjusted accordingly. 5.4 General Requirements All service/maintenance and repair work will be performed by certified individuals. All scheduled and periodic maintenance required by equipment manufacturers will be included in the proposal. Vendor is to provide all parts and labor necessary to ensure efficient operation of covered equipment. Vendor ensures priority is given to all contract service/maintenance and repair calls. Vendor provides warranty on all parts and labor for 1 year after installation. Four hours on site repair response time prior to 12:00 p.m. Pacific Standard Time (PST) for all call received from authorized mailroom personnel. After 12:00 p.m. PST next business day prior to noon PST. Machine downtime must not exceed 24 hours or 1 business day. Unlimited service calls may be required. In event of extended down time Vendor is to provide a replacement unit. Security Clearance and Site Access: Vendor shall comply with Building Security requirements. All Vendor employees will be escorted by VA personnel while on property 6. HOURS OF WORK AND LEGAL GOVERNMENT HOLIDAYS 6.1 Unless otherwise specified, all contract work will be performed during regular administrative working hours of 8:00 a.m. to 4:00 p.m. Monday through Friday. Exceptions would be all federal holidays and emergency repair situations. 7. BILLING 7.1 Billing is to be accomplished either monthly but will be in arrears. 7.2 Send invoice to the following: jasen.braginton@va.gov and/or debra.rollins@va.gov 7.3 All costs must be factored into the service/maintenance costs and not billed separately. 8. CONTRACT MANAGEMENT 8.1 CONTRACT MANAGEMENT The process for making changes to this SOW is the responsibility of the Contracting Officer (CO) and the Contracting Officers Representative (COR). The COR for this contract is Jasen Braginton who can be reached at: email: jasen.braginton@va.gov, or 619-400-55822. The local point of contact to schedule services is jasen.braginton@va.gov. 8.2 CONTRACT OFFICER POC can be reached at email: debra.rollins@va.gov or 254-299-9413 B.2 PRICE/COST SCHEDULE ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 12.00 MO __________________ __________________ The Contractor shall provide all supervision, labor, administrative support, materials, tools, parts, supplies, equipment, software, hardware, freight, lodging, transportation costs (rental car, air fare, etc.) per diem, transportation to and from work site necessary to effectively and efficient fulfill all the requirements in the attached Statement of Work (SOW). Contract Period: Base POP Begin: 03-15-2021 POP End: 03-14-2022 1001 12.00 MO __________________ __________________ The Contractor shall provide all supervision, labor, administrative support, materials, tools, parts, supplies, equipment, software, hardware, freight, lodging, transportation costs (rental car, air fare, etc.) per diem, transportation to and from work site necessary to effectively and efficient fulfill all the requirements in the attached Statement of Work (SOW). Contract Period: Option 1 POP Begin: 03-15-2022 POP End: 03-14-2023 2001 12.00 MO __________________ __________________ The Contractor shall provide all supervision, labor, administrative support, materials, tools, parts, supplies, equipment, software, hardware, freight, lodging, transportation costs (rental car, air fare, etc.) per diem, transportation to and from work site necessary to effectively and efficient fulfill all the requirements in the attached Statement of Work (SOW). Contract Period: Option 2 POP Begin: 03-15-2023 POP End: 03-14-2024 GRAND TOTAL __________________ B.3 DELIVERY SCHEDULE ITEM NUMBER QUANTITY DELIVERY DATE 0001 SHIP TO: Department of Veterans Affairs Attn: Jasen Braginton 8810 Rio San Diego Drive San Diego, CA 92108 USA 12.00 ARO 30 Days MARK FOR: Jasen Braginton (619) 400-5582 jasen.braginton@va.gov 1001 SHIP TO: Department of Veterans Affairs Attn: Jasen Braginton 8810 Rio San Diego Drive San Diego, CA 92108 USA 12.00 ARO 30 Days MARK FOR: Jasen Braginton (619) 400-5582 jasen.braginton@va.gov 2001 SHIP TO: Department of Veterans Affairs Attn: Jasen Braginton 8810 Rio San Diego Drive San Diego, CA 92108 USA 12.00 ARO 30 Days MARK FOR: Jasen Braginton (619) 400-5582 jasen.braginton@va.gov 36C10E21Q0042 Page 1 of Page 36 of 60 Page 1 of SECTION C - CONTRACT CLAUSES C.1 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS (OCT 2018) (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 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments (9) The specification. (t) [Reserved] (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an I agree click box or other comparable mechanism (e.g., click-wrap or browse-wrap agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract: C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of Clause) C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years. (End of Clause) C.4 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of Clause) C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor s products or services or considers the Contractor s products or services superior to other products or services. (End of Clause) C.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019) (a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors. (b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned Small Busine...
Web Link: SAM.gov Permalink
(https://beta.sam.gov/opp/fe246127b26643b4b8777f30ada092ed/view)
Place of Performance: Address: Department of Veterans Affairs Veteerans Benefits Administration San Diego Regional Office 8810 San Diego Drive, San Diego 92108, USA; Zip Code: 92108; Country: USA
Record: SN05902493-F 20210130/210128230112 (samdaily.us)
Source: SAM.gov Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's SAM Daily Index Page |

Loren Data's SAM Daily™

W -- POSTAGE METER & AUTOMAED MAILING SYSTEM WITH MAINTENANCE - (377 - SAN DIEGO)