36C24226Q0170.docx

36C24226Q0170

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

526-26-1-644-0020 36C24226Q0170 12-02-2025 Chris Weider | Christopher.Weider@va.gov 716-862-7461 x22470 12-09-2025 4:30pm

EST

36C528 Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo NY 14215 X X 811210 $34 Million N/A X Department of Veterans Affairs James J. Peters Medical Center 130 West Kingsbridge Road Bronx NY 10468 36C528 Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo NY 14215

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page This solicitation is for annual inspection, maintenance, testing, and certification of the medical gas and vacuum systems at the James J. Peters VA Medical Center Please annotate pricing on the Price/Cost Schedule.

Period of Performance:

Base: January 13, 2026 - January 12, 2027 Option 1: January 13, 2027 - January 12, 2028 Option 2: January 13, 2028 - January 12, 2029 Option 3: January 13, 2029 - January 12, 2030 Option 4: January 13, 2030 - January 12, 2031 Send quote via email to POC by 4:30pm ET, 12/09/2025.

POC: Chris Weider | Christopher.Weider@va.gov See CONTINUATION Page X X X

ONE

Christopher Weider Contracting Officer 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 Chris Weider Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo NY 14215

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.

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:

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

I. TITLE: Medical Gas Inspection and Maintenance

II. GENERAL:

The contractor must provide annual inspection, preventive maintenance (PM), corrective maintenance, testing, and certification of the medical gas and vacuum systems at the James J. Peters VA Medical Center. The Contractor shall perform all work in accordance with current National Fire Protection Association (NFPA) 99, NFPA 55, American Society of Sanitary Engineering (ASSE) 6000 series, Compressed Gas Association (CGA) standards, and all applicable VA and Joint Commission requirements. This contract is intended to ensure reliable and compliant operation of the medical gas systems through implementation of a testing program, supported by corrective action, and continuous documentation of system performance.

III. PLACE OF PERFORMANCE

Department of Veterans Affairs James J. Peters Medical Center (JJP VAMC) 130 West Kingsbridge Road Bronx, NY 10468

IV. REQUIREMENTS:

A. The Contractor shall provide all labor, tools, equipment, materials, parts, transportation, and supervision necessary to perform all required inspections, testing, maintenance, and repairs on the medical gas delivery and vacuum systems and associated equipment not limited to the origination and endpoints of the distribution system.

B. The contractor shall ensure workers understand and comply with OSHA safety measures as it relates to working on medical gas systems and equipment.

C. Medical gas testing/inspections and repairs will include testing all clinical, patient care and operating rooms throughout the entire campus which includes buildings 100 and 105, referred to as the ‘Main Hospital’, and building 106, the Continuing Living Center also known as the ‘CLC’. The number of outlets is estimated to be at or around 1550. The dental medical air compressors and dental vacuum pumps will not be included in this contract.

V. TESTING/INSPECTIONS:

A. Test and evaluate set points to all master areas and local alarms, to include testing high and low alarm points on dry contact pressure switches. The systems to be tested will be Oxygen, Medical Air, Nitrous Oxide, Vacuum and Nitrogen.

B. Testing shall include total evaluation of the following: Cross Connect & High Purity Pipeline Analysis Flow Rate and Outlet Pressure Purge for Particulate/ High Purity Analysis Outlet Integrity Dew Point Analysis Zone Shut-Off Valves Vacuum Pumps Medical Air Compressors and Dryer Systems Medical Gas Alarms (Area, Master, & Slave) Medical Gas Manifolds Co & Dew Point Monitors.

C. Some testing locations in the Surgical Suite (Operating Rooms) may require pressure gauges and flow meters to identify and record testing limits.

D. Particulate testing shall be done at the selected end points and filter samples will be bagged, tagged, and turned over to the hospital representative/COR.

E. Medical gas zone shut-off valves shall be tested for leaks, gauge pressure, and proper labeling.

F. Medical Gas Alarms shall be checked and or tested for all audible and visual signals, high alarm set points, low alarm set points, correct labeling and correct operating pressures.

G. Medical Gas Manifolds shall be tested for proper alarm, functions bank switch-over capability, and alternating sequence, correct gauge indication, gas leakage, and relief valve operation and labeling.

H. Vacuum and Medical Air shall be checked for code compliance, proper suction or pressure delivery, automatic and manual alternation, proper voltage and amperage draw.

I. The testing results shall be issued as a code compliance work sheet prior to leaving the site with a formal report to follow.

VI. REPORTING:

A. The Contractor shall report to Facilities Management Office (or designated location), pursuant to any start of work during normal working hours. This check-in is mandatory.

B. When the service is complete, the Contractor shall document services rendered on a legible field service report. The Contractor shall log out at the Facilities Management Office, (or designated location), and submit the field service report to the COR for a signature, during normal working hours.

C. A detailed formal report shall be delivered to the James J. Peters VA Medical Center within thirty (30) calendar days of completion of testing. All written reports should be clear and legible and reflect how the measurements were made, where they were made (locations) and compared with specified standards for each test. The report shall indicate that gas outlets were tested for gas type of expected gas and detected gas, oxygen concentration, static pressure, pressure during flow and pressure drop; vacuum inlets were tested for pressure during flow and maximum flow; report shall show date of test for each outlet tested with locations noted on written report.

D. Any medical gas outlet found to be defective will be noted in a final report with recommendations and within the final report provide a summary sheet detailing only discrepancies, both reports will include detail locations, and recommendations to resolve discrepancies.

E. Test results shall be in an easy-to-read format that is recognized by the Joint Commission.

F. The contractor shall provide the COR with an electronic copy of all reports.

G. All zone valve written reports must reflect locations, area served, labeling, and specific gas for each valve tested.

VII. SCHEDULE:

A. Work shall be conducted on weekdays (Monday through Friday), between 8:00 AM and 4:30 PM. excluding the following federal holidays:

Page 1 of Page 1 of New Year’s Day Martin Luther King Jr’s. Day President’s Day Memorial Day Juneteenth Fourth of July Labor Day Columbus Day Veteran’s Day Thanksgiving Christmas Day

Page 1 of Page 1 of B. If contractors want to work outside of normal business hours, a request shall be submitted and approved by the COR or designated individual before starting work for that request. Note, the contractor is not entitled to a special rate for work performed outside of normal business hours unless prior authorization is provided in writing by the CO.

C. Work areas limited to patient care areas, Emergency Room, Intensive Care Units, Surgical Suite (Operating Room) and other life support patient areas may require delays to the contractor. The contractor will schedule around unforeseen delays created by hospital operations and may have to make repeated attempts to complete testing in these areas. These delays shall be coordinated with COR.

VIII. REPAIR SERVICES:

A. Minor corrective maintenance shall be done on site during the inspections/testing, at no additional cost.

B. The Contractor shall immediately notify the COR of any more difficult repairs or those needing additional parts. If requested, the contractor shall provide a repair quote within five (5) calendar days that itemizes parts and labor hours. The Government will review the recommended repairs and decide on a timeline and mechanism for completing the repair.

C. Corrective maintenance/repairs that will result in additional cost for the government may be conducted only after a written contract modification is issued by the CO. The contractor will be responsible for obtaining approval from the COR prior to accessing the worksite and coordinating any shutdowns to perform repairs.

D. The rates shall be in accordance with labor rates established in this contract for normal, overtime, weekend and holiday periods. If overtime or holiday rates apply during VA normal business hours due to circumstances beyond the contractor’s control, the contractor must furnish evidence of circumstances relating to increased cost of labor provided.

E. One-time repairs that exceed $2,000.00 and require 32 hours or more of on-site work to complete shall be covered under the Davis Bacon Act (DBA) instead of the Service Contract Act (SCA). The DBA repair(s) shall be subject to applicable construction clauses and DBA wage determinations which will be provided by the CO.

IX. CONFORMANCE STANDARDS:

A. All services provided under this contract must be performed in conformance with the NFPA, CGA and ASSE specifications and regulations.

B. The requirement for this contract shall be one (1) annual yearly inspection and testing for the medical piped gas systems. (www.nfpa.org) (www.asse.org) (www.cganet.com)

X. SAFETY REQUIREMENTS:

In the performance of this contract, the Contractor shall take such safety precautions as OSHA may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall assume the responsibility to perform the work in a manner consistent with the area security and fire safety regulations especially regarding exits and exit way access. The Contractor is also responsible for determining the legal requirements that apply to activities and shall ensure safe and healthful working conditions for its employees. The COR shall notify the Contractor of any safety issues and the action necessary to correct these issues. Such notice, when served on the Contractor or his representative at the work site shall be deemed sufficient for the corrective actions to be taken.

XI. PERIOD OF PERFORMANCE:

XII. INVENTORY SUMMARY & INSPECTION FREQUENCY

The following summary represents the baseline equipment coverage for the James J. Peters VA Medical Center’s medical gas system:

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Annual Inspections and Maintenance on Medical Gas System and Components Contract Period: Base POP Begin: 01-13-2026 POP End: 01-12-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Labor for repair of medical gas and/or vacuum system per section VIII.B. and VIII.C.

POP Begin: 01-13-2026 POP End: 01-12-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Overtime and holiday rate for repair of medical gas and/or vacuum system

POP Begin: 01-13-2026 POP End: 01-12-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

0.00

As needed unknown part(s) and material(s) to complete repair(s) per Section VIII.B and VIII.C. of the Statement of Work.

POP Begin: 01-13-2026 POP End: 01-12-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Annual Inspections and Maintenance on Medical Gas System and Components Contract Period: Option 1 POP Begin: 01-13-2027 POP End: 01-12-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Labor for repair of medical gas and/or vacuum system per section VIII.B. and VIII.C.

POP Begin: 01-13-2027 POP End: 01-12-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Overtime and holiday rate for repair of medical gas and/or vacuum system

POP Begin: 01-13-2027 POP End: 01-12-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

0.00

As needed unknown part(s) and material(s) to complete repair(s) per Section VIII.B and VIII.C. of the Statement of Work.

POP Begin: 01-13-2027 POP End: 01-12-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Annual Inspections and Maintenance on Medical Gas System and Components Contract Period: Option 2 POP Begin: 01-13-2028 POP End: 01-12-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Labor for repair of medical gas and/or vacuum system per section VIII.B. and VIII.C.

POP Begin: 01-13-2028 POP End: 01-12-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Overtime and holiday rate for repair of medical gas and/or vacuum system

POP Begin: 01-13-2028 POP End: 01-12-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

0.00

As needed unknown part(s) and material(s) to complete repair(s) per Section VIII.B and VIII.C. of the Statement of Work.

POP Begin: 01-13-2028 POP End: 01-12-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Annual Inspections and Maintenance on Medical Gas System and Components Contract Period: Option 3 POP Begin: 01-13-2029 POP End: 01-12-2030

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Labor for repair of medical gas and/or vacuum system per section VIII.B. and VIII.C.

POP Begin: 01-13-2029 POP End: 01-12-2030

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Overtime and holiday rate for repair of medical gas and/or vacuum system

POP Begin: 01-13-2029 POP End: 01-12-2030

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

0.00

As needed unknown part(s) and material(s) to complete repair(s) per Section VIII.B and VIII.C. of the Statement of Work.

POP Begin: 01-13-2029 POP End: 01-12-2030

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Annual Inspections and Maintenance on Medical Gas System and Components Contract Period: Option 4 POP Begin: 01-13-2030 POP End: 01-12-2031

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Labor for repair of medical gas and/or vacuum system per section VIII.B. and VIII.C.

POP Begin: 01-13-2030 POP End: 01-12-2031

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Overtime and holiday rate for repair of medical gas and/or vacuum system

POP Begin: 01-13-2030 POP End: 01-12-2031

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

0.00

As needed unknown part(s) and material(s) to complete repair(s) per Section VIII.B and VIII.C. of the Statement of Work.

POP Begin: 01-13-2030 POP End: 01-12-2031

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

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 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause) C.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

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

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.4 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.5 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)

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: WD 2015-4187 Rev. 33.

Page 1 of

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SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of quotations. Submit signed and dated quotes via email to Christopher.Weider@va.gov by the date and time specified on Page 1. The email subject shall identify RFQ 36C24226Q0170. Quotes may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotes must include:

(1) One signed copy of this SF 1449 with blocks 17 a., 30a., 30b, 30C, contract administration data, and acknowledgement of amendments sections (if applicable) completed.

(2) A technical capability statement that clearly and concisely describes how the offeror will provide the required services without parroting back each section of the statement of work. This should be a maximum 10-page technical capability statement demonstrating the Vendor’s technical capability to meet all the requirements of the statement of work. The technical capability statement shall:

a) provide credentialling that shows the vendor’s technicians are qualified to perform these operations:

1. ASSE 6040 Medical Gas Maintenance Certification

2. ASSE 6030 Medical Gas Systems Verifier credential

b) demonstrate that the vendor is a firm regularly engaged in medical gas and vacuum systems maintenance and shall describe its best technical solution to performing the statement of work.

c) provide a management plan to include who the POC/Project Manager is responsible for the work to be performed and their role in the company.

(3) Terms of any express warranty;

(4) Price and any discount terms. Price should be for all services detailed in the Price/Cost Schedule. The pricing must be broken down in a manner that allows for price reasonableness to be determined. Failure to provide complete pricing will result in contractors package being determined incomplete;

(5) "Remit to" address, if different than mailing address;

(6) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(7) Completed VAAR 852.219-75 Certificate of Compliance for Services and Construction

(8) Acknowledgment of Solicitation Amendments;

(9) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar services and references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(10) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices…