36C24225Q0702_1.docx

36C24225Q0702

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C24225Q0702 06-24-2025 Tiffany Vazquez-Simon 914-737-4400 07-08-2025 12:00

EDT

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 811310 $12.5 Million N/A X

VA NEW JERSEY HEALTHCARE SYSTEM

East Orange VAMC Lyons VAMC - Lyons, NJ 385 East Tremont Ave East Orange NJ 07018 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 VA New Jersey HCS intends to award an IDIQ-FFP contract janitorial equipment maintenance and repair services as described in the See Statement of Work.

Estimated period of performance is one 12-month base year estimated start of base year is 08/01/2025-07/31/2026, with the provision for four 12-month options.

Quotes and all information requested in section 52.212-1 Instructions to Offerors must be received via email by July 8, 2025 12:00PM EST to tiffany.vazquez-simon@va.gov Questions must be submitted via email no later than 06/27/25

12:00PM EST.

For more information on evaluation factors see section 52.212-2 Evaluation-Commercial Products and Commercial Services.

SET ASIDE : 100% TOTAL SMALL BUSINESS

See CONTINUATION Page X X X Natalie Acevedo Table of Contents

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 Natalie Acevedo 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:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

Janitorial Equipment Maintenance/Repair Veterans Administration New Jersey Healthcare System

BACKGROUND:

The Veterans Administration (VA) New Jersey Healthcare System (NJHCS), Environmental Management Service (EMS) requires repair services for its janitorial equipment.

The contractor shall provide all necessary labor, equipment, tools, material, parts, repair services, preventive maintenance, maintenance support on the janitorial equipment as required by the NJHCS. It is the intention that all equipment repairs and/or maintenance will be performed in accordance with manufactures guidelines will result in the equipment operating according to manufacturer’s specification and will be done in accordance with industry standard practices. The contractor shall provide preventative maintenance on all machines on a quarterly basis. Schedule to be determined by VANJHCS after contract award. In addition, the contractor shall also provide maintenance services which include troubleshooting, replacement of worn parts, calibration/adjustment, cleaning and lubricating in accordance with the OEM.

Contract Type:

The resulting contract is planned to be a Firm-Fixed Price (FFP) / Indefinite-Delivery Indefinite Quantity (IDIQ) Contract.

PERIOD OF PERFORMANCE:

One 12-month base period, with the provision for 4 one-year option years:

Estimated Option Year Three:8/1/2028 – 07/30/2029 Estimated Option Year Four: 8/1/2029 – 07/30/2030

PLACE OF PERFORMANCE:

SCOPE:

The contractor shall provide all management, supervision, labor, personnel, administrative, support, materials, tools, parts, supplies, lubricants, equipment, transportation, other items, and non-personal services necessary for the maintenance and repair of janitorial equipment as required by the NJHCS. It is the intention that all equipment repairs and/or maintenance will be performed in accordance with manufactures’ guidelines will result in the equipment operating according to manufacturers’ specification and will be done in accordance with industry standard practices.

EQUIPMENT:

The following equipment covered under this contract will include, but is not limited to:

· NILFISK SC750 SCRUBBER 28 IN DISK UNIT

· NILFISK SC800 SCRUBBER 32 IN DISK UNIT

· NILFISK ADVOLUTION BURNISHER 20 IN

· KAIVAC TOUCHLESS CLEANING SYSTEM (WET) KV1250

· AQUAPLUS AXP BAT CARPET RETRIEVER

· AQUACLEAN 18 CARPET EXTRACTOR

· NIFLISK CARPET EXTRACTOR ES300 XP

· NILFISK VL500 75 WET VAC

· NILFISK SC3000 26D

· NILFISK SCRUBBER-DRYER SC250

· NILFISK ADVOLUTION 2710 RIDER BURNISHER

· NILFISK RIDER SCRUBBER SC3000 ECOFLEX

· NILFISK AUTO SCRUBBER SC750ST

· ADVANCE SC800 WALK BEHIND SCRUBBER

· NILFISK ADGLITY VAC

· NILFISK REEL CLEANER

· NILFISK ATTIX FLOOR VACUUM (WET)

· NILFISK ADVOLUTION BATTERY-POWERED BURNISHER 20BT

· ADVOLUTION 20XP BURNISHER

· NILFISK ADFINITY FLOOR MACHINE X24D

· NILFISK ADVANCE PACESETTER FLOOR MACHINE 20SD / 20TS / 20HD

· NILFISK AUTOMATIC SCRUBBER MICROMATICS

· NILFISK BURNISHER (WET) BU800

· NILFISK ELECTRIC BURNISHER 2000RPM

· ADVANCE ALL PURPOSE MATADOR 20 FLOOR MACHINE BUFFER

· KARCHER FLOOR SCRUBBER BR 40/10 C

· CLARKE ALTO FLOOR SCRUBBER FOCUS II L20

· CLARKE MODEL FM-13 FLOOR MACHINE

· CLARKE MP-1800 MARBLE POLISHER

· WINDSOR CHARIOT GLOSS STAND-UP BURNISHER CSX24C

· WINDSOR CHARIOT GLOSS STAND-UP BURNISHER CB20

· WHIRLAMATIC BURNISHER 20UHS

· WHIRLAMATIC BATTERY-POWERED BURNISHER 20UHSB

· WHIRLAMATIC 20 ULTRA BURNISHER

SEE ALSO ATTACHMENT D4- UPDATED EQUIPMENT LIST

REQUIRED SERVICES: (TASKS/DELIVERABLES)

PREVENTATIVE MAINTENANCE SERVICES:

The contractor shall provide preventative maintenance on all machines on a quarterly basis for each VA NJHCS site. Schedule to be determined by VANJHCS after contract award. Depending on the state of the equipment more or less time may be needed for Preventive Maintenance.

CORRECTIVE MAINTENANCE & REPAIR SERVICES:

In addition, the contractor shall also provide corrective maintenance and repair services (scheduled & unscheduled) which include troubleshooting, replacement of worn parts, calibration/adjustment, cleaning and lubricating in accordance with the OEM. Depending on the state of the equipment more or less time may be needed for Corrective Maintenance & Repairs.

PARTS:

A. The contractor shall furnish all parts.

B. The contractor shall maintain quantity of parts, including unique and/or highly morality replacement parts in such a manner as to be available for shipment with 24 consecutive hours of request.

C. All parts supplied shall be compatible with existing equipment.

D. Only new parts will be used routinely.

E. Usage of refurbished parts will be subject to the approval of the COR and/or designee.

F. All parts shall perform identically to the original equipment specifications.

G. The estimated annual threshold applies to parts and accessories only. Labor, personnel, and/or other non-parts/non-accessories costs are not included in the estimated threshold. The contractor shall only be reimbursed for parts and accessories that were needed to complete actual preventive maintenance services and/or approved corrective maintenance and repair work for the janitorial equipment. The estimated annual threshold for parts shall not be construed as an automatic payment and/or a flat fee paid by the government to the contractor. If the annual expenditures for needed replacement parts and/or accessories do not reach and/or are lower than the estimated threshold, then any and all excess monies (designated for this purpose) shall be returned to the appropriate government fiscal control point at the end of the performance period.

MANUFACTURER WARRANTY:

The contractor shall not invoice the VA for parts/labor if the equipment is still covered under a manufacturer warranty as applicable. The contractor is responsible for submitting the warranty request to the manufacturer for a parts/labor refund. The contactor must be a certified dealer that can honor the manufacturer warranty.

SERVICE MANUALS:

A. The contractor must supply themselves with their own maintenance/repair manuals along with any other diagnostics software required to properly maintain the equipment in question.

B. Service representatives are required to supply the NJHCS with Material Safety Data Sheets (MSDS) on any chemicals that are brought into the NJHCS prior to usage. The MSDS are to be given to the Safety Officer. A set of MSDS’s must also remain at the site where the chemical is used.

C. Vendor must comply with usage of Personnel Protective Gear as defined in 29CFR 19.10.

D. Vendor must comply with all VA policies and regulations.

DOCUMENTATION/SERVICE REPORTS:

At the completion of each service call Contractor/ERT shall provide a detailed service report. These reports must describe the maintenance, repair, work, personnel/company involved, and/or services that were performed on each individual piece of equipment. The service report shall, at a minimum, document the following information legibly and in complete detail:

A. Name of the contractor and contracting number.

B. Name of the ERT performing services.

C. Contractor service report number/log number.

D. Date, time (starting and ending), equipment downtime and hours on-site for service call.

E. Identification of equipment to be serviced; ID number, manufacturer’s name, device name, model number, serial number and any other manufacturer’s identification numbers.

F. Description of problem reported by EMS.

G. Signature from the ERT performing services described.

H. Signature from an authorized VA employee who witnessed services described.

I. If the work is not completed prior to leaving the premises, a service report will be left, as per the above procedures, indicating the equipment status.

J. No payments will be made if the above procedures are not in compliance.

PERSONNEL/TRAINING:

The contractor shall provide staff that have received certified training from manufacturers for all machines under this contract. Staff performing services must have experience in conducting preventative maintenance services and corrective maintenance and repairs for the same and/or similar equipment. It is the responsibility of the contractor to provide an adequate level of qualified staff to meet (or exceed) contractual requirements.

CONTRACTOR QUALITY ASSURANCE & QUALITY CONTROL PROGRAM (QCP):

The Contractor shall establish and maintain a complete Quality Control Program to assure the requirements of this contract are being provided as specified. No specific format is specified for the Contractor’s QCP however the contractor’s QCP should contain the following elements at a minimum:

A. Personnel performing services B. Internal procedures the contractor will be utilizing to ensure that services, work, and other tasks will be completed as needed and/or when scheduled during the performance periods of the contract by trained, competent, qualified, and experienced personnel.

C. Contractor Performance/Quality Control Meeting: The government and the contractor may conduct a quarterly meeting to discuss and/or to assess contractor performance and quality assurance. This meeting can be conducted on site or virtually. The date and time of this meeting shall be mutually established between the Contracting Officer Representative (COR) (or another authorized designee) and the Contractor. If the government determines that this meeting is not needed then the government reserves the right (and may elect) to not conduct this meeting. This meeting may not be needed if the contractor is meeting and/or is exceeding contractual requirements.

WORK HOURS:

Normal hours of coverage are Monday through Friday 8:00am to 3:30pm, excluding federal holidays. Service will be performed during normal hours of coverage unless requested or approved by COR or due to an emergency.

Federal holidays: The 11 holidays observed by the Federal Government are identified below and may be modified or supplemented to include additional day(s) as specifically declared by the President of the United States:

When one of the holidays fall on Sunday, the following Monday shall be observed as a Federal Holiday. When the holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

CHECK IN/OUT PROCEDURES:

Contractor shall be required to report to EMS to check-in. This check-in is MANDATORY. The ERT shall check-out with EMS and submits the service report to EMS. All service reports shall be submitted to EMS for an “acceptance signature”. If EMS is unavailable, a signed, authorized copy of the service report will be sent to EMS. Smoking is prohibited while on property at the VA NJHCS. Possession of weapons is prohibited.

VA INFORMATION SECURITY:

The C&A requirements do not apply, and a Security Accreditation Package is not required.

CONTRACTOR IDENTIFICATION:

Contractor ERT shall wear visible identification at all times while on the premises of the VA NJHCS. It is the responsibility of Contracting ERT to park in appropriate designated parking areas. Information on parking is available from the VA Police Service. The VA NJHCS will not invalidate or make reimbursement for parking violations of Contractor’s ERT under any conditions. Smoking is prohibited while on property at the VA NJHCS. Possession of weapons is prohibited.

BILLING AND PAYMENT:

The contractor shall submit payment requested in electronic form via VA’s Electronic Invoice Presentment and Payment System https://www.tungsten-network.com/customer-campaigns/veteransaffairs/. Vendors are required to go to the Customer Engagement Portal (CEP) www.cep.fsc.va.gov to register and submit request for electronic payments. Registration with ID.me is required from the CEP portal.

Invoices shall be submitted monthly, in arrears, and shall include at a minimum: Date of invoice, contract number/purchase order number, vendor name, invoice number and CLIN & Date of service.

Work to be performed, which is not covered under this contract, must be pre-approved by the COR, contract specialist/officer, and/or designee and a purchase order issued for the work to be performed. Failure to obtain prior authorization will result in NON-PAYMENT of charges incurred.

Payment will not be made for parts and/or services that are requested by anyone other than the COR and/or designee or for incomplete or incorrect invoices.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Quartely Scheduled Preventative Maintenance Services of Janitorial Equipment at East Orange and Lyons Campus (Labor and Materials)

Average 6-hours of service per visit 4 visits per site yearly Contract Period: Base POP Begin: 08-01-2025 POP End: 07-31-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Corrective Maintenance & Repair Services (PER HOUR) - (Labor and Materials)

Average 82-hours of service per year across both sites

(Scheduled or unscheduled corrective maintenance and repairs must be approved by the government before being initiated by the contractor)

Contract Period: Base POP Begin: 08-01-2025 POP End: 07-31-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

$39,000.00

Replacement Parts & Accessories Threshold

(Labor and non-parts costs are not included in the ESTIMATED threshold described. The contractor shall not invoice the VA for parts/labor, if the equipment is still covered under a manufacturer warranty as applicable.)

Contract Period: Base POP Begin: 08-01-2025 POP End: 07-31-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Quartely Scheduled Preventative Maintenance Services of Janitorial Equipment at East Orange and Lyons Campus (Labor and Materials)

4 visits per site yearly

Contract Period: Option 1 POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Corrective Maintenance & Repair Services (PER HOUR) - (Labor and Materials)

(Scheduled or unscheduled corrective maintenance and repairs must be approved by the government before being initiated by the contractor)

Contract Period: Option 1 POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

$39,000.00

Replacement Parts & Accessories Threshold

(Labor and non-parts costs are not included in the ESTIMATED threshold described. The contractor shall not invoice the VA for parts/labor, if the equipment is still covered under a manufacturer warranty as applicable.)

Contract Period: Option 1 POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Quartely Scheduled Preventative Maintenance Services of Janitorial Equipment at East Orange and Lyons Campus (Labor and Materials)

4 visits per site yearly

Contract Period: Option 2 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Corrective Maintenance & Repair Services (PER HOUR) - (Labor and Materials)

(Scheduled or unscheduled corrective maintenance and repairs must be approved by the government before being initiated by the contractor)

Contract Period: Option 2 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

$39,000.00

Replacement Parts & Accessories Threshold

(Labor and non-parts costs are not included in the ESTIMATED threshold described. The contractor shall not invoice the VA for parts/labor, if the equipment is still covered under a manufacturer warranty as applicable.)

Contract Period: Option 2 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Quartely Scheduled Preventative Maintenance Services of Janitorial Equipment at East Orange and Lyons Campus (Labor and Materials)

4 visits per site yearly

Contract Period: Option 3 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Corrective Maintenance & Repair Services (PER HOUR) - (Labor and Materials)

(Scheduled or unscheduled corrective maintenance and repairs must be approved by the government before being initiated by the contractor)

Contract Period: Option 3 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

$39,000.00

Replacement Parts & Accessories Threshold

(Labor and non-parts costs are not included in the ESTIMATED threshold described. The contractor shall not invoice the VA for parts/labor, if the equipment is still covered under a manufacturer warranty as applicable.)

Contract Period: Option 3 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Quartely Scheduled Preventative Maintenance Services of Janitorial Equipment at East Orange and Lyons Campus (Labor and Materials)

4 visits per site yearly

Contract Period: Option 4 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Corrective Maintenance & Repair Services (PER HOUR) - (Labor and Materials)

(Scheduled or unscheduled corrective maintenance and repairs must be approved by the government before being initiated by the contractor)

Contract Period: Option 4 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

$39,000.00

Replacement Parts & Accessories Threshold

(Labor and non-parts costs are not included in the ESTIMATED threshold described. The contractor shall not invoice the VA for parts/labor, if the equipment is still covered under a manufacturer warranty as applicable.)

Contract Period: Option 4 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

**ESTIMATED QUANTITIES: All quantities listed herein are estimated quantities. The Government is not obligated to purchase any specified amount beyond the minimum order value for services under this contract. The Government will be obligated to make payment for all services requested and received in the quantities and of the quality requested. The Government does not guarantee or imply that any specified number of orders/referrals for services will be 36C24225Q0702 placed under this contract.

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.4 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the start date of the contract through the contract expiration date.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than n/a, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $250,000.00;

(2) Any order for a combination of items in excess of $250,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after…