Page 14 of 14 Table of Contents Combined Synopsis/Solicitation for Commercial Products and Commercial Services3 SECTION A SOLICITATION/CONTRACT ADMINISTRACTION DATA GENERAL TERMS4 A.1 SOLICITATION / BLANKET PURCAHSE AGREEMENT ADMINISTRATION DATA4 BPA ADMINISTRATION4 OFFERER/CONTRACTOR4 GOVERNMENT4 OFFEROR REMITTANCE ADDRESS .4 INVOICES4 GOVERNMENT INOVOICE ADDRESS5 ACKNOWLEDGEMENT OF AMENDMENTS5 A.2 DESCRIPTION OF AGREEMENT5 INTENT5 TERM OF AGREEEMNT5 PARTICIPATING FACILITIES5 BPA ORDERS 5 OFFERERING METHOD6 BPA PROGRAM MANAGER6 ORDERING CONTACT 6 DELIVERY7 PACKAGING7 INVOICING AND PAYMENT INFORMATION7 BPA REVIEW8 DELIVERY REQUIREMENTS8 PLACE OF DELIVERY8 PERIOD OF PERFORMANCE / DELIVERY TIMEFRAME8 ADDITIONAL DELIVERY REQUIREMENTS 8 A.3 SOLICITATION PROVISIONS AND CLAUSES 8 ADDENDUM8 SUBMISSION9 INSTRUCTIONS FOR ATTACHMENT A STATEMENT OF WORK 9 INSTRUCTIONS FOR ATTACHMENT B SCHEDULE OF PRICING 9 SOLICITATION / BLANKET PURCHASE AGREEMENT ADMINISTRATION DATA10 52.212-2 Evaluation -- Commercial Products and Commercial Services (NOV 2021)10 52.211-6 Type of Contract (APR 1984)11 Grey Market Items12 52.217-6 Option for Increase Quantity (MAR 1989)12 52.217-7 - Option For Increased Quantity Separately Priced Line Item (MAR 1989)12 52.217-8 - Option to Extend Services (NOV 1999)13 52.217-9 - Option to Extend the Term of the Contract (MAR 2000)13 852.203-70 Commercial Advertising (MAY 2018) 13 852.211-76 Liquidated Damages Reimbursement for Data Breach Costs (FEB 2023) 13 852.232-72 Electronic Submission of Payment Requests (NOV 2018) 15 52.252-2 - Clauses Incorporated by Reference (FEB 1998) 16 52.252-1 - Solicitation Provisions Incorporated by Reference (FEB 1998)17 A.4 CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS 18 Attachment A - Statement of Work 18 Attachment B - Schedule of Pricing.18 Attachment C - VA Handbook 6500.618 Attachment D BAA Template18 COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL PRODUCTS AND COMMERCIAL SERVICES (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. (ii) The solicitation number 36C26224Q1448 is issued as a Request for Quotation (RFQ) in conjunction with FAR -- Part 13 Simplified Acquisition Procedures and constitutes the only solicitation. The Government intends to award a single Firm-Fixed Price (FFP) award contract. (iii) The provisions and clauses in this document are in effect through the Federal Acquisition Circular 2024-05, May 22, 2024. (iv) This solicitation intends to award a contract through full and open competition to a business associated with NAICS North American Industrial Classification System Code 334516. (v) The Department of Veterans Affairs (VA) seeks to make a single Cost-Per-Test (CPT) Blanket Purchase Agreement (BPA) award for HpSA assays, analyzer, peripherals, supplies and services. Supplies will be used to analyze and interprets HpSA for the VA Phoenix Healthcare System which will be for an on-going basis. The CPT pricing shall be inclusive of all items included in Attachment B. (vi) See Attachment A Statement of Work for a list of brand name salient characteristics and other requirements. See Attachment B Schedule of Pricing for a list of line-item numbers, items, quantities and units of measure. Offeror quotations must demonstrate meeting the salient physical, functional, or performance characteristic specified in this solicitation, otherwise it will be considered non-responsive. The technical specifications for this requirement are listed for Brand Name or Equal per FAR 52.211-6. The information identified provided is intended to be descriptive, not restrictive and to indicate the quality that will be satisfactory. The interested parties bear full responsibility to ensure their submission demonstrates to the government that they can provide the brand name or equal to supplies being requested. SOLICITATION/ BLANKET PURCHASE AGREEMENT ADMINISTRATION DATA SECTION A GENERAL TERMS A.1 BLANKET PURCHASE AGREEMENT ADMINISTRATION DATA BPA ADMINISTRATION: All BPA administration matters shall be handled by the following individuals: OFFERER / CONTRACTOR: [Primary Contractor Contact]: [Company]: [Street Address]: [City, State, Zip]: [Phone number]: [Email address]: [DUNS Number]: GOVERNMENT: Kevin Ceponis, Branch Chief Department of Veterans Affairs Network 22 Contracting Office 4811 Airport Plaza Drive Suite 600 Long Beach, CA 90815 562-766-2211; Kevin.Ceponis@va.gov Kal Carabon, Contract Specialist Department of Veterans Affairs Network 22 Contracting Office 4811 Airport Plaza Drive Suite 600 Long Beach, CA 90815 562-766-2250; kahlfanie.carabon@va.gov OFFEROR REMITTANCE ADDRESS: All payments by the Government to the Offeror will be made in accordance with: [X] 52.232-34, Payment by Electronic Funds Transfer - Other than Central Offeror Registration, or [ ] 52.232-36, Payment by Third Party INVOICES: Invoices shall be submitted in arrears: Quarterly [] Semi-Annually [] Other [ X ] (Monthly) GOVERNMENT INVOICE ADDRESS: All invoices from the Offeror shall be submitted electronically to: https://us.tungsten-network.com/. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE The above amendment section must be filled-out in the event that an Amendment(s) is sent to the offeror or posted to https://sam.gov/ and must be returned with the RFQ package. Failure to acknowledge amendment(s) may constitute the rejection of the offer. A.2 DESCRIPTION OF AGREEMENT INTENT: In the spirit of the Federal Acquisition Streamlining Act and pursuant to Federal Acquisition Regulation (FAR) Part 12 and FAR Part 13.303, the Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 22 establishes this Single Award Blanket Purchase Agreement (BPA) for HpSA assays, analyzer, peripherals, supplies and services. The Contractor shall make available for purchase all equipment and supplies made commercially available by Contractor to perform the specified functions outlined within this BPA for VA Phoenix Healthcare System. In addition, as requirements change, facilities within may be added or deleted by supplemental agreement between the Government and the Contractor. TERM OF AGREEMENT: This BPA shall be a base year plus four (4) optional years which will be reviewed, at least, annually In Accordance With (IAW) FAR Part 13.303-6 to ensure the BPA terms are met, to assess current market conditions and to determine price reasonableness. Additional discounts maybe requested by VA Phoenix Healthcare System at any time. If the Contractor fails to perform in a manner satisfactory to the Contracting Officer (CO) the awarded BPA may be canceled with a thirty (30) day written notice to the Contractor by the CO. PARTICIPATING FACILITIES: The following facility, and future facilities that fall under the authority of VISN 22, may be added or deleted to this agreement with the exercise of a supplemental agreement between the Government and the Contractor. VA Phoenix Healthcare System | 650 E Indian School Rd, Phoenix, AZ 85012 BPA ORDERS: This BPA is a pricing agreement and does not obligate any funds. The Government is obligated only to the extent of authorized BPA Delivery Orders (DO) issued under the BPA by authorized individuals. DO s shall be identified by the BPA Number TBD and DO Number TBD. DO s may include option years, if it is determined that option years would be in the best interest of the Government. Any DO s issued during the effective term of this BPA shall be completed by the Contractor within the time specified in the DO, including all option years, which may extend beyond the BPA term. All products ordered under DO s shall be subject to the terms and conditions of this BPA. The Contractor shall accept the price, terms, and conditions of an issued DO as long as they do not conflict with the terms set forth in the BPA. ORDERING METHOD: All orders shall be placed against valid DO s signed by the CO. The CO shall designate primary facility Point-of-Contacts (POC s), as necessary, which may coordinate delivery quantities and schedule via Electronic Data Interchange (EDI), telephone, facsimile, email or other written communication, identifying the products by number, quantity, purchase price, address for delivery, and any special instructions. BPA PROGRAM MANAGER: The Contractor shall provide a primary BPA program manager who shall be responsible for the performance of the work under the BPA. In addition, the program manager shall act as the main focal point of communication between the CO and the Contractor. The name of this person shall be designated in writing to the CO. The program manager shall have full authority to act on behalf of the Contractor on all contractual/BPA matters relating to daily operation of the BPA. Contact Name: Contact Title: Street Address: City, State, Zip: Direct Phone No.: Alt. Phone No.: Fax No.: Email address: ORDERING CONTACT: The Contractor shall list in the spaces below the name(s) and address(es) of customer service departments with whom the Government facilities shall place orders: Contact Name: Contact Title: Street Address: City, State, Zip: Direct Phone No.: Alt. Phone No.: Fax No.: Email address: Contact Name: Contact Title: Street Address: City, State, Zip: Direct Phone No.: Alt. Phone No.: Fax No.: Email address: DELIVERY: The Contractor shall deliver all supplies and services identified in the schedule to the locations identified in Section A.2.3, Participating Facilities. The delivery location is subject to change as required by the designated authority or authorized personnel at the receiving facility. The primary facility POC shall be required to notify the Contractor when delivery locations have been changed. All deliveries shall be accompanied by a delivery ticket or sales slip which shall contain: Contractor name, BPA number, DO number, VA obligation number, date of order, date of delivery, itemized list of products furnished, including product description and quantity shipped. All deliveries shall be made during normal working hours from 8:00a.m. to 4:30p.m, Pacific Time unless specified otherwise. Standard orders shall be delivered within four (4) working days. Emergency deliveries may be necessary on rare occasions and may occur outside of working hours from 4:30 p.m. to 8:00 a.m. Under emergency occurrences, the Contractor shall deliver to the Government site in the most expeditious manner possible. Without additional cost to the Government, unless expedited shipping/delivery is approved by the primary facility POC, CO or other authorized individual. The Contractor shall provide an emergency point of contact, if different from the standard points of contacts. No product substitutions shall be made by Contractor without prior approval of the treating facilities primary Point of Contact. However, if substitution fall outside of the SOW s or would further obligate the government, the Contractor shall have approval of a warranted Contracting Officer. PACKAGING: All supplies shall be adequately packaged to prevent damage during shipping, handling and storage. Bags or packages shall be whole, intact, and not otherwise torn or damaged. Upon delivery, the Government shall examine all packages. The Contractor shall be required to replace unacceptable or damaged products at the Contractor s expense. INVOICING AND PAYMENT INFORMATION: An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets. Invoices shall be submitted to WWW.TUNGSTEN-NETWORK.COM in accordance with FAR Part 52.232-34, Payment by Electronic Funds Transfer and VAAR Part 852.232-72. The following information shall be listed on all invoices (Failure to comply may result in refusal of an invoice resulting in delayed payment at the fault of the Contractor). Facility s Name and address where service was provided BPA Number (For Example: 36C26223A0001) Delivery/Task Order Number (For Example: 36C26223N0001) Obligation Number (For Example: 600-C17001) A Line Item break down of usage, see examples below: Line item 1 HpSA Assay: 1 EA at $00.00 Line item 2 Curian Analyzer: 1 EA at $200.00 Include the period of time that is being invoiced for in the invoice. BPA Holder s Internal Contract number (if applicable) Include point of contact for concerns and questions. Contractor must name a specific person, phone number and email. BPA REVIEW: The Contractor shall conduct a complete BPA review with the CO/CS, at least annually and as requested by the CO/CS, to ensure the BPA terms and conditions are being met, analyze and project item ordering trends, and discuss all other actions that are within the scope of this BPA. DELIVERY REQUIREMENTS: Place of Delivery: Phoenix VA Healthcare System 650 East Indian School Rd. Phoenix, AZ 85012 Period of Performance/Delivery Timeframe: The period of performance will start shortly after award for a one (1) Year Base Period with the Government having the option to exercise four (4) one-year option periods for a total of five (5) years. Additional Delivery Requirements Orders shall be made on an as needed basis throughout the period of performance not to exceed stated totals within the schedule without a supplemental agreement between the Contractor and Contracting Officer in accordance with 52.212-4(c) and 52.217-6. All shipping shall be inclusive of prices within the schedule and FOB Destination. A.3 SOLICITATION PROVISIONS AND CLAUSES (viii) The provision at 52.212-1, Instructions to Offerors Commercial Products and Commercial Services, applies to this solicitation. Addendum: All offeror quotes for this solicitation must be received electronically through email no later than Thursday, August 22nd, 2024, 1:00PM Pacific Time. Ensure to reference solicitation number 36C26224Q1448 within subject line of the email. Any offeror quotes received after the prescribed date/time shall be considered non-responsive and will not be considered for award. Any questions regarding this solicitation must be received electronically through email no later than Thursday, August 15th, 2024, 1:00PM Pacific Time. Offers and questions shall be sent by email to Kahlfanie Carabon at Kahlfanie.carabon@va.gov. SUBMISSION: Offerors must provide the below documentation with their offer/submission. Offeror shall also clearly mark and identify all information provided within the submission with notations referring to the solicitation section and subsections they reference. Failure to identify sections and subsections as notations could result in less than full consideration in evaluation proceedings. Failure to provide the below documentation may result in your offer deemed as non-responsive. Offerors shall submit the documentation addressing the following via email Instructions for Attachment A Statement of Work Please submit a Completed Attachment A Statement of Work. Throughout Attachment A, there are several fill-ins and checkboxes that must be completed. We recommend that the entire solicitation and statement of work be read completely prior to filling out the solicitation. Curian Analyzers Statement of Work See Section B.5 of Attachment A - Statement of Work Offeror shall either provide information regarding how their product meets the minimum system requirements in each green text box or alternatively may state where in the offeror s overall submission that information can be found. Instructions for Attachment B Schedule of Pricing Offerors shall fill out all unlocked fill-ins/tabs (define your fill-ins or tabs) of Attachment A conforming to requirements stated by the salient characteristics and the instructions below. Tabs 1 5 (Base + Option Years) Offerors shall complete column L for unit prices on each tab. If providing an equivalent product, offerors shall either provide information regarding how their product meets the salient characteristics in Attachment B in Column F - I or alternatively may state where in the offeror s overall submission that information can be found. See 52.211-6 for additional information. Tab 6 (Total) This tab is locked. It will automatically calculate the pricing based on information enter in Tabs 1-5. Offerors are not required to input any information in this tab. Tab 7 (Company Information) Offerors shall submit their proposals by email to kahlfanie.carabon@va.gov and provide the following company information as a cover letter or within the body of the email: Company s name Company s address Company s Point-of-Contact Name Phone number Email address Company SAM UEI Number Company Tax ID Number (TIN) Company Dun and Bradstreet Solicitation/Blanket Purchase Agreement Administration Data There are green boxes throughout this document that ask for information about the offeror and must be completed. Please submit this RFQ 36C26224Q1448 with the Solicitation / Blanket Purchase Agreement Administration Data, located in the following sections A.1.1 - BPA ADMINISTRATION, A.2.6 BPA PROGRAM MANAGER and A.2.7. ORDERING CONTACT, filled out. (ix) 52.212-2 Evaluation -- Commercial Products and Commercial Services (Nov 2021) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Lowest priced quotation that meets all minimum performance requirements in Attachment B Statement of Work that is both responsive and responsible. Acceptability of services shall be established by review of each submitted quotation by the designated evaluator(s) and verification that offers meet the salient, technical, physical, functional, or performance characteristics included in this solicitation. Submissions to this solicitation must show clear, compelling, and convincing evidence that meet all the salient, technical, physical, functional, or performance characteristics (see Attachment A and B). Offers that include any items that are not determined as Brand Name or Equal shall result in an unacceptable offer. See 52.211-6 Brand Name or Equal for additional information. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified with a minimum of at least sixty days, shall result in a binding contract without further action by either party. Before the offer s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) (x) Must include a completed copy of the provision at 52.212-3 -- Offeror Representations and Certifications -- Commercial Products and Commercial Services, with this solicitation or ensure SAM.gov is updated with current information. (xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Products and Commercial Services, applies to this acquisition. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Products and Commercial Services, applies to this acquisition. (xiii) The following clauses also apply: 52.211-6 - Brand Name or Equal (Aug 1999) (a) If an item in this solicitation is identified as brand name or equal, the purchase description reflects the characteristics and level of quality that will satisfy the Government s needs. The salient physical, functional, or performance characteristics that equal products must meet are specified in the solicitation. (b) To be considered for award, offers of equal products, including equal products of the brand name manufacturer, must (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (c) The Contracting Officer will evaluate equal products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an equal product, the offeror shall provide the brand name product referenced in the solicitation. (End of clause) Gray Market Items (a) Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable. (b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions. (c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items. (End of clause) 52.217-6 Option for Increase Quantity (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor anytime within the period of performance. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. (End of clause) 52.217-7 OPTION FOR INCREASED QUANTITY SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor anytime within the period of performance. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of Clause) 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 90 days of contract expiration. (End of clause) 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 90 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 120 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 66 Months. (this includes the extension with the exercise of FAR 52.217-8 Option to Extend Services. (End of clause) 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) 852.211-76 Liquidated Damages - Reimbursement for Data Breach Costs (FEB 2023) As prescribed in 811.503-70, insert the following clause: Liquidated Damages - Reimbursement for Data Breach Costs (FEB 2023) (a) Definition. As used in this clause, contract means any contract, agreement, order or other instrument and encompasses the definition set forth in FAR 2.101. (b) Non-disclosure requirements. As a condition of performance under a contract, order, agreement, or other instrument that requires access to sensitive personal information as defined in VAAR 802.101, the following is expressly required - (1) The Contractor, subcontractor, their employees or business associates shall not, directly or through an affiliate or employee of the Contractor, subcontractor, or business associate, disclose sensitive personal information to any other person unless the disclosure is lawful and is expressly permitted under the contract; and (2) The Contractor, subcontractor, their employees or business associates shall immediately notify the Contracting Officer and the Contracting Officer's Representative (COR) of any security incident that occurs involving sensitive personal information. (c) Liquidated damages. If the Contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of __ [Contracting Officer insert amount] per affected individual in order to cover costs related to the notification, data breach analysis and credit monitoring. In the event the Contractor provides payment of actual damages in an amount determined to be adequate by the Contracting Officer, the Contracting Officer may forgo collection of liquidated damages. (d) Purpose of liquidated damages. Based on the results from VA's determination that there was a data breach caused by Contractor's or any of its agents' failure to protect or otherwise engaging in conduct to cause a data breach of VA sensitive personal information, and as directed by the Contracting Officer, the Contractor shall be responsible for paying to the VA liquidated damages in the amount of __ [Contracting Officer insert amount] per affected individual to cover the cost of the following: (1) Notification related costs. (2) Credit monitoring reports. (3) Data breach analysis and impact. (4) Fraud alerts. (5) Identity theft insurance. (e) Relationship to termination clause, if applicable. If the Government terminates this contract, purchase order, or agreement, in whole or in part under clause 52.249-8, Default - Fixed-Price Supply and Service, or any other related FAR or VAAR clause included in the contract, in addition to the required liquidated damages for data breach-related expenses specified in paragraph (c) above, the Contractor is liable for excess costs for those supplies and services for repurchase as may be required under the Termination clause. (End of clause) Alternate I (FEB 2023). In commercial products or commercial services acquisitions awarded under the procedures of FAR part 8 or 12, substitute this paragraph (e) in lieu of paragraph (e) in the basic clause: (e) Relationship to termination clause, if applicable. If the Government terminates this contract in whole or in part under the Termination for cause paragraph, FAR 52.212-4(m), Contract Terms and Conditions - Commercial Products and Commercial Services, the Contractor is liable for damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These damages are in addition to costs of repurchase as may be required under the Termination clause. Alternate II (FEB 2023). In simplified acquisitions exceeding the micro-purchase threshold that are for other than commercial products or commercial services awarded under the procedures of FAR part 13 (see FAR 13.302-5(d)(1) and the clause at FAR 52.213-4), substitute this paragraph (e) in lieu of paragraph (e) in the basic clause: (e) Relationship to termination clause, if applicable. If the Government terminates this contract in whole or in part under the Termination for cause paragraph, FAR 52.213-4(g), Terms and Conditions - Simplified Acquisitions (Other Than Commercial Products and Commercial Services), or any other applicable FAR or VAAR clause, the Contractor is liable for damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These damages are in addition to costs of repurchase as may be required under the Termination clause. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) (a) Definitions. As used in this clause - (1) Contract financing payment has the meaning given in FAR 32.001; (2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment; (3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests; (4) Invoice payment has the meaning given in FAR 32.001; and (5) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A Contractor must ensure that the data transmission method and format are through one of the following: (1) VA's Electronic Invoice Presentment and Payment System at the current website address provided in the contract. (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for - (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by Contracting Officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of clause) 52.252-2 - Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/index.asp 52.203-17 Contract Employee Whistleblower Rights NOV 2023 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-27 Prohibition on ByteDance Covered Applications June 2023 52.209-6 Protecting the government s interest when subcontracting with contractors debarred, suspended, or proposed for debarment Nov 2021 52.212-4 Contract Terms and Conditions Commercial Products and Commercial Services. NOV 2023 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Products and Commercial Services May 2024 52.232-33 Payment by electronic funds transfer system for award management Oct 2018 52.232-40 Providing accelerated payments to small business subcontractors Mar 2023 52.233-1 Disputes May 2014 52.233-3 Protest after award Aug 1996 852.246-71 Rejected Goods. OCT 2018 (End of Clause) 52.252-1 - Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/comp/far/index.html http://www.va.gov/oal/library/vaar/index.asp 52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.209-7 Information Regarding Responsibility Matters Oct 2018 52.217-5 Evaluation of Options JUL 1990 52.233-2 Service of Protest Sep 2006 852.233-70 Protest Content/Alternative Dispute Resolution Sep 2018 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference Jan 2008 (End of Provision) A.4. CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 4.1. Attachment A - Statement of Work 4.2. Attachment B - Schedule of Pricing 4.3. Attachment C - VA Handbook 6500.6 4.4. Attachment D - BAA Template
