36C24222Q0026.docx
DOCX document 173 KB Posted
- Solicitation number
- 36C24222Q0026
About this file
This synopsis provides notice of a solicitation for heating, ventilation, and air conditioning (HVAC) maintenance services at three campuses of the New York Harbor Healthcare System. The contractor will provide preventative maintenance, testing, and repair of HVAC systems at campuses in Manhattan, Brooklyn, and St. Albans. Services include maintenance of chillers, air handling units, package units, and other equipment. The requirement is set aside for Service-Disabled Veteran Owned Small Businesses. The base period of performance is 12 months with four 12-month option periods. The Network Contracting Office plans to release solicitation number 36C24222Q0026 in October 2021 for these HVAC maintenance services.
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Other files
| File | Type | Posted |
|---|---|---|
| 36C24222Q0026 0004.docx | DOCX document | |
| 36C24222Q0026 0003.docx | DOCX document | |
| FINAL STATEMENT OF WORK.pdf | ||
| 36C24222Q0026 0002.docx | DOCX document | |
| 36C24222Q0026 0001.docx | DOCX document | |
| Past Performance Evaluation Questionnaire.docx | DOCX document | |
| Limitations on Subcontracting - Certification.docx | DOCX document | |
| Wage Determination No. 2015-4187.pdf | ||
| Quality Assurance Surveillance Plan (HVAC) .pdf | ||
| Davis-Bacon Act WD NY20210001.pdf |
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36C24222Q0026
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 ATTA
CHED
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. SIGNAT
URE 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
630-22-1-6485-0001 630-22-1-6080-0001 36C24222Q0026 10-22-2021 Safa Shleiwet 718-741-4766 11-22-2021 17:00
EST
36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 X X 238220 $16.5 Million N/A X NY Harbor Healthcare System System three (3) campuses.
SEE STATEMENT OF WORK
36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904
Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/
See CONTINUATION Page This is an Indefinite Delivery Indefinite Quantity (IDIQ) for Comprehensive preventative maintenance services at HVAC systems at the NY Harbor Healthcare System’s three campuses.
Periods of performance: 12 months base plus four 12 months Option year.
Site Visit Date as below:
Manhattan Campus: October 27, 2021 at 9:00AM St. Albans Community Living Center: October 28, 2021 at 9:00AM.
Brooklyn Campus: October 29, 2021 at 9:00AM See Section E E.1 52.212-1 Instructions to offerors for more Site Visit details.
All questions must be submitted in writing via email to safa.shleiwet@va.gov by 5:00 PM EST November 2, 2021.
See CONTINUATION Page x X X Rachel Beason Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 STATEMENT WORK STATEMENT | 6 |
| B.3 PRICE/COST SCHEDULE | 15 |
| ITEM INFORMATION | 15 |
| SECTION C - CONTRACT CLAUSES | 31 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 31 |
| C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 37 |
| C.3 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 37 |
| C.4 52.216-18 ORDERING (AUG 2020) | 38 |
| C.5 52.216-19 ORDER LIMITATIONS (OCT 1995) | 38 |
| C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 39 |
| C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 39 |
| C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 39 |
| C.9 52.222-32 CONSTRUCTION WAGE RATE REQUIREMENTS—PRICE ADJUSTMENT (ACTUAL METHOD) (AUG 2018) | 40 |
| C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS | 43 |
| C.11 MANDATORY WRITTEN DISCLOSURES | 43 |
| C.12 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 43 |
| C.13 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 45 |
| C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION) | 46 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 54 |
QUALITY ASSURANCE SURVEILLANCE PLAN (HVAC) .
WAGE DETERMINATION NO. 2015-4187.
DAVIS-BACON ACT WD # NY20210001.
LIMITATIONS ON SUBCONTRACTING - CERTIFICATION.
PAST PERFORMANCE EVALUATION QUESTIONNAIRE
| SECTION E - SOLICITATION PROVISIONS | 55 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2021) | 55 |
| E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 62 |
| E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) | 62 |
| E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 65 |
| E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 66 |
| E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 67 |
| E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION) | 68 |
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 36C242 Rachel Beason Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904
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.
Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
36C24222Q0026
Page 1 of Page 1 of
B.2 STATEMENT WORK STATEMENT
The Department of Veterans Affairs, New York Harbor Healthcare System is seeking a qualified contractor to perform comprehensive preventative maintenance and repair services for heating, ventilating and air conditioning systems at our three campuses.
1. SCOPE OF WORK. The contractor shall provide all personnel, equipment, tools, vehicles, materials, supervision, and other items and services necessary to perform preventative maintenance, testing and repair tasks functions for the equipment described in the solicitation.
1.1 Place of Performance. Service performance will be for the NY Harbor Healthcare System three (3) campuses: Manhattan VA Medical Center, 423 East 23rd Street, New York, NY 10010; Brooklyn VA Medical Center, 800 Poly Place, Brooklyn, NY 11209 and St. Albans VA Community Living Center, 179-00 Linden Blvd St. Albans, NY 11425.
An equipment inventory is incorporated into this Site-Specific statement of work. The contractor is responsible for all required routine maintenance of the equipment included in the inventory and as described herein, necessary to ensure proper function of the equipment in accordance with manufacturer’s guidelines, applicable standards and codes. Any unscheduled maintenance/repair work shall be performed when authorized by the CO or COR, in accordance with Government-approved technical instructions and facility priorities. NOTE: unscheduled maintenance does not include routine maintenance. Routine maintenance services must be incorporated within the base bid amount.
1.2 PERSONNEL QUALIFICATIONS. Before assigning employees to start work under the terms of this contract, the Contractor shall ensure that they have the required qualifications and, if applicable, possess the required current and valid professional certifications and licenses in compliance with federal, state, and local environmental requirements and laws. Personnel operating motor vehicles shall have a valid state driver’s license and abide by all NY Harbor Healthcare System traffic laws, i.e. hands-free cell phone use while driving, and parking requirements. As part of the quotation, the Contractor shall submit information on the qualifications or certifications for employees and sub-contractors proposed to work on the services of this contract. Journeyman tradespersons shall be licensed for their respective trades in accordance with Federal requirements. Note: All HVAC trades personnel working with refrigerants shall have universal Environmental Protection Agency (EPA) certification. Contractor will ensure all certificates, licenses and permits are kept current and valid. All license and certification renewals shall be submitted to the COR annually or as requested.
1.2.1 Working Hours/Minimum Staffing- The Contractor shall maintain minimum staffing requirements on a 24/7/365 basis as necessary to respond to emergencies (the maximum acceptable response time to emergency situations is four (4) hours). The Contractor shall perform all maintenance that affects the normal operations of the healthcare facility during off peak hours (evenings and weekends) to reduce patient care interruption. This includes work on chillers serving the Operating Rooms and other similar inpatient locations.
1.3. SYSTEM DESCRIPTIONS: The scope consists of routine preventative maintenance service and needed repairs to the equipment and associated components listed in Attachment A; Equipment Inventory, as well as certain specified testing and balancing services. The Contractor is required to inspect and service all equipment in accordance with all manufacturer's recommendations, prevailing industry standards and codes.
1.4 SCHEDULED MAINTENANCE OF HVAC EQUIPMENT.
Contractor shall perform preventative maintenance (PM) for all equipment listed in Attachment A, including ancillary components associated with the functioning of these devices. PM shall be performed in a manner designed to optimize the reliability, efficiency and lifespan of the equipment serviced.
The contractor shall adhere to all individual manufacturer’s requirements and instructions for the particulars of scheduled maintenance of the systems/equipment. All contractor personnel and subcontractors that perform scheduled maintenance shall be qualified by the systems/equipment manufacturer where necessary to preserve any warranties on the systems/equipment. The contractor shall provide a written monthly schedule to the CORs at each facility, listing the specific equipment to be serviced during the upcoming period and outlining the individual PM tasks to be completed, including any after-hours service.
The Contractor shall obtain, provide and install all parts, materials, and supplies necessary to perform PM, and shall be responsible for the cost of same within their base bid amount. Contractor shall use parts supplied by the original equipment manufacturer (OEM) or authorized equal (as stipulated by the manufacturer) when replacing all parts, components, and/or devices for the covered systems. Should the contractor encounter a part in need of replacement, and the direct replacement is no longer available due to obsolescence, the contractor shall replace that part with a new equivalent part. The contractor shall notify the VA when such replacements/modernization occurs.
1.4.1 SCHEDULED MAINTENANCE OF CHILLERS: The Contractor shall provide labor, material, and equipment necessary to perform chillers start up and routine maintenance services to include but not be limited to the following, at the intervals specified in Attachment A. Note: this list is not intended to be exhaustive. The vendor shall perform all manufacturer recommended routine maintenance, whether or not included in the list below:
· Take refrigerant and oil samples and send for manufacturer’s recommend analysis of contaminants (annually)
· Verify all critical flow rates of refrigerant and cooling loops
· Furnish and replace oil filter and purge drier (as needed per manufacturer’s maintenance schedule)
· Verify proper operation of controls
· Check chilled water setpoint and verify performance
· Inspect and verify operation of vane arms
· Check refrigerant levels and perform refrigerant leak tests
· Check oil levels and change oil as needed
· Perform chemical cleaning of condenser coils (annually or as per manufacturer’s guidance)
· Verify operation of oil sump heaters
· Verify full capacity of chilled water system
· Test operation of all flow proving devices
· Verify panel operation, amperage, and voltage
· Verify proper operation of all slide and solenoid valves
· Check high condenser pressure and low refrigerant temp sensors.
· Review operating procedures with site personnel.
· Perform burner test and calibration
· Check and service engine coolant heat exchangers
· Check solution pump and purge operation
· All other PM tasks as per manufacturer’s recommendations
1.4.2 SCHEDULED MAINTENANCE OF AIR CONDITIONING PACKAGE UNITS: The Contractor shall provide labor, material, and equipment necessary to perform routine maintenance services to include but not be limited to the following. Note: this list is not intended to be exhaustive. The vendor shall perform all manufacturer recommended routine maintenance, whether or not included in the list below:
· Change all filters per manufacturer’s recommendations.
· Check all electrical wiring and connections; tighten as required.
· Check all motor starter contactor surfaces for wear.
· Lubricate electrical motor and fan bearings, if applicable.
· Check all belts for wear and tensioning, if applicable.
· Check all mounting hardware, tighten as needed.
· Check and calibrate controls.
· Check condition of evaporator coils; clean at intervals recommended by manufacturer or more frequently as needed.
· Check and clean condensate drains, drain line and pans.
· Check refrigerant charge, repair leaks and add charge as needed.
· All other PM tasks as per manufacturer’s recommendations
1.5 HVAC SYSTEM TESTING AND BALANCING (TAB): The contractor shall perform annual HVAC testing and balancing of the locations noted below. The work shall be conducted in accordance with VHA Specification 23 05 93 “TESTING, ADJUSTING, AND BALANCING FOR HVAC” and Chapter 39, "Testing, Adjusting and Balancing" of 2019 ASHRAE Handbook, "HVAC Applications", hereby incorporated by reference.
The work shall include but not be limited to:
| 1. | Planning systematic TAB procedures. |
| 2. | Design Review Report. |
| 3. | Systems Inspection report. |
| 4. | Duct Air Leakage test report. |
| 5. | Systems Readiness Report. |
| 6. | Balancing air and water distribution systems; adjustment of total system to provide design performance; and testing performance of equipment and automatic controls. |
| 7. | Vibration and sound measurements. |
| 8. | Recording and reporting results. |
| 9. | Document critical paths of flow on reports. The contractor shall be provided mechanical drawings for the air handing units and areas being tested. |
10. Report shall include supply airflow rates, air exchange rates, exhaust airflow rates and room pressure relation to adjacent space. Airflow rates will be measured for each register.
11. Contractor shall perform TAB work during off hours including weekends in specialty areas, such as Operating Rooms, to avoid interfering with the Medical Center’s normal operations.
12. In sterile areas, the contractor will be required to wear sterile clothing and follow the facility policy regarding infection control.
13. The contractor shall be provided mechanical drawings for the air handing units and areas being tested.
TESTING AND BALANCING SCHEDULE
| CAMPUS/LOCATION |
| FREQUENCY |
| Manhattan VAMC: OR and associated “Clean Core” Area; Sterile Processing Service; SICU; MICU/CCU; Emergency Department; Gastroenterology (GI); Inpatient Intravenous (IV) Pharmacy; Chemotherapy Pharmacy; Morgue. |
| Annual |
| Brooklyn VAMC: OR and associated “Clean Core” Area; Sterile Processing Service; Animal Research Facility; Inpatient Intravenous (IV) Pharmacy; Chemotherapy Pharmacy; ICU; Emergency Department; Gastroenterology (GI); Morgue; Radiation Oncology; Cytoscopy. |
| Annual |
1.6 ENVIRONMENTAL COMPLIANCE AND REPORTING: The vendor shall perform annual refrigerant leak determination testing for all devices containing 50 or more pounds of ozone-depleting substances (ODS) in accordance with EPA Section 608 regulations of the Clean Air Act (CAA). The leak testing shall be documented in writing, including a certification of the measured annual leak rate and a conclusion as to whether the measured leak rate complies with EPA requirements. Any devices found to be leaking ODS shall be immediately reported to the COR and promptly repaired to ensure compliance with EPA regulations. The contractor must furnish documentation of the disposition of all ODS recovered or added to systems during maintenance (i.e. type of refrigerant, pounds recovered/added).
1.7 WARRANTY MAINTENANCE AND ENFORCEMENT. The COR shall track Contractor compliance with any manufacturers’ and contract warranties and shall maintain on-site records of equipment bearing warranties. The Contractor shall provide fully completed worksheets to the COR with sufficient detail concerning each completed task. The Contractor will annotate equipment records showing warranted items and warranty expiration dates on all equipment. The Contractor shall provide supporting documentation for any warranty claims to the on-site COR. The Government will provide the Contractor with all existing warranty documentation at the start of the task order. The Contractor shall maintain and inspect all infrastructure systems under warranty, without voiding the warranty.
1.8 EXCLUSIONS AND INITIAL INSPECTION PERIOD: After award, the contractor shall perform a complete initial inspection of all building systems for which maintenance coverage is specified. The period for inspection will be 21 days. The contractor shall provide a detailed written report, with photographs (electronic and hard copy), of their findings to include a complete description of deficiencies with photographs. Any items that will require additional work prior to inclusion under service performance-based task order shall be identified by line item with an estimated price for anticipated work. The COR will review the list. The contracting officer will settle disputes between vendor list and the government validation. If the government elects not to repair/replace the items identified they are to be identified for exclusion under the task order proposal period. Contractors shall not include any items that would be replaced, repaired or adjusted during performance of normal preventive maintenance.
1.9 REMOVAL FROM COVERAGE: Contractors shall notify the CO and COR at least one (1) year prior to the effective date of their determination to remove an equipment item from coverage because it has passed life expectancy and can no longer be economically maintained. The facility must take appropriate action to replace the equipment in order to have coverage on that specific equipment item. In the event the facility cannot or does not replace identified equipment, coverage for that equipment will cease and the task order price will be reduced accordingly.
1.10 UNSCHEDULED MAINTENANCE (UM). If the VA COR identifies equipment that is in need of repairs or parts replacement, the scope of which is outside of manufacturer’s recommended routine maintenance, the contractor shall provide a cost proposal for labor and materials to perform the necessary repair. For individual unscheduled maintenance actions, the work will be performed in accordance with a Government-approved technical instruction.
Unscheduled repairs to HVAC system and components over 32 hours will be performed using Construction Wage Rate Requirements (Davis Bacon Wages). A separate wage determination is included herein. Hourly rates for repair work for each wage determination category will be included in the price schedule for completion by the contractor.
1.11 DELIVERABLES: For routine maintenance services, the contractor will provide a monthly “lookahead” PM schedule to the COR. All individual service tasks will be thoroughly documented and consolidated into a monthly deliverable. All service task reports will include technical documentation of specific parts used in the maintenance/repair. The contractor must also furnish such records as: recycling/disposal records for parts and equipment deemed not repairable, disposal records for refrigerants, oils and other regulated materials (in accordance with EPA and NY State environmental requirements) and other miscellaneous documentation as directed by the COR at each facility.
TRAINING
a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:
(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;
(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]
a. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
b. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.
Attachment A – VA Equipment List
ATTACHMENT A: NYH EQUIPMENT LIST FOR PREVENTATIVE MAINTENANCE
MANHATTAN VAMC EQUIPMENT LIST
| Equipment |
| Make |
| Model |
| PM Frequency |
| 1000 Ton chiller |
| Trane |
| CVHE-11 |
| 4 visits/cooling season |
| 1000 Ton chiller |
| Trane |
| CVHE-11 |
| 4 visits/cooling season |
| 1000 Ton chiller |
| Trane |
| CVHE-11 |
| 4 visits/cooling season |
| 1500 Ton chiller |
| York |
| MaxE Centrifugal YKKXKSK1-DAG |
| 4 visits/cooling season |
| OR chiller |
| York |
| YCAV0157SA46VAABXT |
| Quarterly |
| OR chiller |
| York |
| YCAS0158EB46XGADBT |
| Quarterly |
| Animal Lab chiller |
| York |
| YCAL 0060EC46XCASDT |
| Quarterly |
| Animal Lab chiller |
| York |
| YCAL 0060EC46XCASDT |
| Quarterly |
| MICU/CCU chiller |
| Trane |
| CGAEC604ADA1GWMHV |
| Quarterly |
| Drinking Water chiller |
| Filtrene |
| ES‐160‐RFCA |
| Quarterly |
| 2W computer room 15 Ton glycol unit |
| Liebert |
| VE192GHAAEL / PDD290‐A2S |
| Quarterly |
| 2W computer room 15 Ton air cooled unit |
| Liebert |
| VE192G‐CAEL |
| Quarterly |
| 2W telephone room 15 Ton air cooled unit |
| Liebert |
| VH199A‐AAEL/DCDF205A |
| Quarterly |
| 2W telephone room 15 Ton air cooled unit |
| Liebert |
| VH199AUAAELS107 |
| Quarterly |
| 12W 20 Ton glycol unit |
| Liebert |
| UE240G‐AAM/PB |
| Quarterly |
| MRI AC Unit |
| Liebert |
| UH125A‐A00/CDF165LA |
| Quarterly |
Isolation Exhaust Filters (approximately 50)
| N/A |
| N/A |
| Quarterly |
| Direct Digital Control (DDC) ‐ Bldg Management System |
| Automated Logic Control System, Bldg 1 & 6 |
Annual
| Kitchen Hood Air Filters, Floors 2 & 3 |
| Bldg 1 & 6 OPC FL 2 & 3 |
| Range hoods |
| Quarterly |
| Dental Vacuum System |
| Bldg 1 |
Chiller Plant
Semi-Annual (2x per year)
Air compressors Various Locations (approx. 20)
| Bldg 1 and 6 |
| N/A |
| Quarterly |
| Seasonal Chiller CH-8-1 & 8-2 |
| OPC building |
| DAIKIN |
| Semi-Annual (2x per year) |
| (20) Walk-in boxes/ freezer at various floors |
| Bldg 1 |
| Various |
| Semi-Annual |
| MRI Chiller Unit |
| Building 6 |
Quarterly
BROOKLYN VAMC EQUIPMENT LIST
| Equipment |
| Make |
| Model |
| Serial Number |
| PM Frequency |
FACILITY CHILLERS
| Caterpillar Engine No. 1 |
| Caterpillar |
| G3412TA |
| 8LW00214 |
| 2 visits/cooling season |
800 Ton York Chiller No. 1
York
YGPCPCH2-3412
SEGM959930
2 visits/cooling season
| 900 Ton chiller |
| Carrier |
| 19EX4141-656-DX-821 |
| 4796J54895 |
| 2 visits/cooling season |
700 Ton Absorption Chiller
York
FL19S-46-C-S-D
UKNMO18461
2 visits/cooling season
500 Ton Absorption Chiller
York
YPCFL-18S-46-CSC
UCMM009597
2 visits/cooling season
200 Ton York Screw Chiller
York
YRVBVTO-46A
SFMM-000610
2 visits/cooling season
250 Ton Chiller
York
RKTM023758
2 visits/cooling season
800 Ton chiller
Carrier
19XRV69694TElFH64
1612Q21649
2 visits/cooling season
BUILDING 14 DATA CENTER AC EQUIPMENT
| AC |
| XD System |
| DCSL415-A |
| 1003C25715 |
| Bi-Monthly |
| AC |
| XD System |
| DCSL415-A |
| 1003C25712 |
| Bi-Monthly |
| AC |
| XD System |
| SXH20SKR-0 |
Bi-Monthly
| AC |
| XD System |
Bi-Monthly
| AC |
| Liebert |
| DH380AUAAEI |
| 440248-001 |
| Bi-Monthly |
| AC |
| Liebert |
| DH380AUAAEI |
| 440248-003 |
| Bi-Monthly |
| AC |
| Liebert |
| DH380AUAAEI |
| 440348-002 |
| Bi-Monthly |
| AC |
| Liebert |
| DCDF48CA |
| 0251C60925 |
| Bi-Monthly |
| AC |
| Liebert |
| DCDF48CA |
| 0251C60927 |
| Bi-Monthly |
| AC |
| Liebert |
| DCDF48CA |
| 0251C60919 |
| Bi-Monthly |
| AC |
| Liebert |
| XDC160AA |
| C10A9F0002 |
| Bi-Monthly |
FACILITY PACKAGE AC UNITS
| Bldg 15 Basement MRI Equipment Room AC Unit |
| Stulz |
| OHS-040-AR |
| 10320386 |
| Quarterly |
| Bldg 15 Basement MRI Area Main AC Unit |
| Daikin |
| CAH012GDGM |
| N/A |
| Quarterly |
| Telephone switch room AC Unit |
| Liebert |
| DS028WDA0EI |
| C10H8G0003 |
| Quarterly |
| Telephone switch room AC Unit |
| Liebert |
| PDD-150-A252657 |
| C10HUY0003 |
| Quarterly |
Emergency Department AC unit
Governair
TL10-10048E
33565 Quarterly
| MRI AC Equipment |
| Kanaflakt |
| ZB600TAX4 |
Quarterly
| ACME |
| XB-120MG |
Quarterly
Filtrene
PCP-1000-140A-WP- HA
4943-3/94 Quarterly
X Ray AC Unit
Quarterly
| Oncology Pharmacy (12 East) AC Unit |
| Johnson Controls |
| D-Series Vertical |
Model DSV060C
Quarterly
| Changeout Isolation Room Exhaust Filters (approx. 40) |
| N/A |
| N/A |
| N/A |
| Quarterly |
| Direct Digital Control (DDC) - Bldg Management System |
| Honeywell |
| N/A |
| N/A |
| Annually |
| Direct Digital Control (DDC) - Bldg Management System |
| Siemens |
| N/A |
| N/A |
| Annually |
ST. ALBANS CLC EQUIPMENT LIST
| Equipment |
| Type |
| Model |
| PM Frequency |
| 6 Ton Carrier Split |
| AC |
| Carrier |
| 4 visits/Cooling season |
| 25 Ton Carrier Chiller |
| AC |
| Carrier |
| 4 visits/Cooling season |
| 15 Ton Carrier Split |
| AC |
| Carrier |
| 4 visits/Cooling season |
| 3.5 Ton Carrier Split |
| AC |
| Carrier |
| 4 visits/Cooling season |
| 2.5 Ton Mitsubishi (1 Evap) |
| AC |
| Mitsubishi |
| 4 visits/Cooling season |
| 5 Ton Water Cooled Chiller |
| AC |
| Liebert |
| 4 visits/Cooling season |
| 60 Ton McQuay Chiller |
| AC |
| McQuay |
| 4 visits/Cooling season |
| No. 4 Single Evaporator |
| AC |
| Mitsubishi |
| 4 visits/Cooling season |
| 5 Ton Carrier Split System (2 Evap) |
| AC |
| Carrier |
| 4 visits/Cooling season |
| No. 2 Mitsubishi Split System (1 Evap) |
| AC |
| Mitsubishi |
| 4 visits/Cooling season |
| 3 Ton Carrier Split System |
| AC |
| Carrier |
| 4 visits/Cooling season |
Mitsubishi Split System (3 Evap)
AC
Mitsubishi
4 visits/Cooling season
| 5 Ton Contempo Split System |
| AC |
| Contempo |
| 4 visits/Cooling season |
VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
1. Contractor employees who work in or travel to VHA locations must comply with the following:
a. Documentation requirements:
1) If fully vaccinated, shall show proof of vaccination.
i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.
2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.
3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.
4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.
2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.
a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.
3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services-Manhattan VA Medical Center.
Contract Period: Base POP Begin: 01-10-2022 POP End: 01-09-2023
| __________________ |
| __________________ |
Unscheduled Maintenance/Services labor rate- Manhattan VA Medical Center
0002AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
0002AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $105,000) Requires Ordering- Manhattan VA Medical Center.
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $75,000) Requires Ordering- Manhattan VA Medical Center.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services- Brooklyn VA Medical Center
Unscheduled Maintenance/Services labor rate- Brooklyn VA Medical Center.
0006AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
0006AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $84,00) Requires Ordering- Brooklyn VA Medical Center.
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $60,000) Requires Ordering- Brooklyn VA Medical Center.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services- St. Albans VA Community Living Center
Unscheduled Maintenance/Services labor rate- St. Albans VA Community Living Center
0010AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
0010AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $21,000) Requires Ordering- St. Albans VA Community Living Center
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $30,000) Requires Ordering- St. Albans VA Community Living Center
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services-Manhattan VA Medical Center.
Contract Period: Option 1 POP Begin: 01-10-2023 POP End: 01-09-2024
Unscheduled Maintenance/Services labor rate-Manhattan VA Medical Center
1002AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
1002AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $105,000) Requires Ordering- Manhattan VA Medical Center.
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $75,000) Requires Ordering- Manhattan VA Medical Center.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services- Brooklyn VA Medical Center
Unscheduled Maintenance/Services labor rate- Brooklyn VA Medical Center.
1006AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
1006AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $84,00) Requires Ordering- Brooklyn VA Medical Center.
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $60,000) Requires Ordering- Brooklyn VA Medical Center.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services- St. Albans VA Community Living Center
Unscheduled Maintenance/Services labor rate- St. Albans VA Community Living Center
1010AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
1010AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $21,000) Requires Ordering- St. Albans VA Community Living Center
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $30,000) Requires Ordering- St. Albans VA Community Living Center
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services-Manhattan VA Medical Center.
Contract Period: Option 2 POP Begin: 01-10-2024 POP End: 01-09-2025
Unscheduled Maintenance/Services labor rate- Manhattan VA Medical Center
2002AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
2002AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $105,000) Requires Ordering- Manhattan VA Medical Center.
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $75,000) Requires Ordering- Manhattan VA Medical Center.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services- Brooklyn VA Medical Center
Unscheduled Maintenance/Services labor rate- Brooklyn VA Medical Center.
2006AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
2006AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $84,00) Requires Ordering- Brooklyn VA Medical Center.
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $60,000) Requires Ordering- Brooklyn VA Medical Center.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services- St. Albans VA Community Living Center
Unscheduled Maintenance/Services labor rate- St. Albans VA Community Living Center
2010AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
2010AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $21,000) Requires Ordering- St. Albans VA Community Living Center
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $30,000) Requires Ordering- St. Albans VA Community Living Center
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services-Manhattan VA Medical Center.
Contract Period: Option 3 POP Begin: 01-10-2025 POP End: 01-09-2026
Unscheduled Maintenance/Services labor rate- Manhattan VA Medical Center
3002AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
3002AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $105,000) Requires Ordering- Manhattan VA Medical Center.
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $75,000) Requires Ordering- Manhattan VA Medical Center.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services- Brooklyn VA Medical Center
Unscheduled Maintenance/Services labor rate- Brooklyn VA Medical Center.
3006AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
3006AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $84,00) Requires Ordering- Brooklyn VA Medical Center.
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $60,000) Requires Ordering- Brooklyn VA Medical Center.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services- St. Albans VA Community Living Center
Unscheduled Maintenance/Services labor rate- St. Albans VA Community Living Center
3010AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
3010AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $21,000) Requires Ordering- St. Albans VA Community Living Center
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $30,000) Requires Ordering- St. Albans VA Community Living Center
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services-Manhattan VA Medical Center.
Contract Period: Option 4 POP Begin: 01-10-2026 POP End: 01-09-2027
Unscheduled Maintenance/Services labor rate-Manhattan VA Medical Center
4002AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
4002AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $105,000) Requires Ordering- Manhattan VA Medical Center.
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $75,000) Requires Ordering- Manhattan VA Medical Center.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services- Brooklyn VA Medical Center
Unscheduled Maintenance/Services labor rate- Brooklyn VA Medical Center.
4006AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
4006AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $84,00) Requires Ordering- Brooklyn VA Medical Center.
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $60,000) Requires Ordering- Brooklyn VA Medical Center.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Heating, Ventilation and Air Conditioning Maintenance (HVAC) Comprehensive preventative maintenance and repair services- St. Albans VA Community Living Center
Unscheduled Maintenance/Services labor rate- St. Albans VA Community Living Center
4010AA
| 1.00 |
| HR |
| __________________ |
| __________________ |
Regular Time
4010AB
| 1.00 |
| HR |
| __________________ |
| __________________ |
Over Time
| 1.00 |
| LT |
Unscheduled Maintenance/Repairs (Not to Exceed $21,000) Requires Ordering- St. Albans VA Community Living Center
| 1.00 |
| LT |
Parts & Materials for Unscheduled Repairs as needed (Not to Exceed $30,000) Requires Ordering- St. Albans VA Community Living Center
| GRAND TOTAL |
| __________________ |
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.
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