36C24519Q0302-001.docx

36C24519Q0302

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24519Q0302 05-15-2019

RANDY BROWN

410-642-2411 05-29-2019

2:00 PM EST

Department of Veterans Affairs

VAMC 540

Contracting Officer (90C)

1 MEDICAL CENTER DRIVE

CLARKSBURG

WV

25704 238310 $15 Million X N/A X Department of Veterans Affairs

VAMC 540

Contracting Officer (90C)

1 MEDICAL CENTER DRIVE

CLARKSBURG

WV

25704 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point

MD

21902

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page This contract is to furnish insulation maintenance services and repairs in areas such as, but not limited to;

Mechanical Rooms- B125, 2183 and Chiller Plant Anticipated Period of Performance: 6/10/2019 - 10/31/2019

CO: RANDY BROWN RANDALL.BROWN@VA.GOV

Site Visit: 5/20/2019 at 10:00 PM EST Question shall be submitted by 2:00 PM EST on 5/22/2019, to randall.brown@va.gov.

Only SDVOSB Firms currently verified in the Veterans Information Pages (VIP) at www.vetbiz.gov are eligible to submit bids/offers.

See CONTINUATION Page x X

RANDY BROWN

CONTRACTING OFFICER

Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C245 Department of Veterans Affairs

VAMC 540

Contracting Officer (90C)

1 MEDICAL CENTER DRIVE

CLARKSBURG WV 25704

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.

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

REMOVE AND REPLACE MISSING, DILAPIDATED AND/OR DAMAGED INSULATION IN MECHANICAL ROOM B125, CHILLER PLANT. INSULATION MATERIALS. ALL WORK SHALL BE IN ACCORDANCE WITH THE STATEMENT OF WORK.

Contract Period: Base POP Begin: 06-10-2019 POP End: 10-31-2019

INSULATION REMOVAL AND INSTALLATION LABOR. ALL WORK SHALL BE IN ACCORDANCE WITH THE STATEMENT OF WORK.

Contract Period: Base POP Begin: 06-10-2019 POP End: 10-31-2019

Page 1 of Page 1 of

Louis A. Johnson VA Medical Center Clarksburg, West Virginia

SCOPE OF WORK

For

Insulation Maintenance and Repair

COR: Craig Shaffer

-- Contract Goals --

Contract Goals: To acquisition maintenance services that will:

· Provide services and repairs where designated throughout Louis A. Johnson VAMC main building to ensure efficiency and meet patient safety and standard compliance.

-- Contract Scope --

GENERAL:

This contract is to furnish insulation maintenance services and repairs in areas such as, but not limited to; Mechanical Rooms- B125, 2183 and Chiller Plant

SPECIFICS:

Special Emphasis:

· Potential Contractors should perform a thorough site survey of all areas prior to bid; review the project scope and submit RFI’s as necessary before the RFI closing date TBD based on VA Contracting availabilities and processes.

· Special emphasis must be focused on patient safety, infection control and site security.

· It is highly recommended the contractor transmit all necessary submittals at the N.T.P..

· All work must meet VA Master Specification and code. Contractors should note that VA specifications are often more stringent than code or what may be referred to as “Standard Industry Practices”.

-- Site Investigation --

EXPECTATION: Review the Requirements.

Investigate and review the service and maintenance requirements:

· Contractors should perform a thorough review of the project requirements prior to bid.

· During the onsite N.T.P. meeting, the contractor shall perform a secondary site walkthrough with Clarksburg VAMC Maintenance Staff, Infection Control Representatives, Fire Safety Officer, Safety Manager, Contracting officer, and COR to review immediate needs related to ICRA, and safety.

· Infection Control Requirements:

1. The contractor shall work with the Infection control staff to finalize an infection control plan. The items below are not all inclusive and will be reviewed during a walkthrough for necessity based on specific tasks identified by the contractor and location within the medical center. It is imperative to patient safety that the contractor follow all VA infectious control requirements.

a. All workers deployed to work at the Louis A. Johnson VAMC must have an infection control training certificate for construction contractors. The following link is an example of an online resource for infection control training developed for contractors. https://infectioncontroluniversity.com/contractors/

b. Isolate HVAC systems in area where work is being done to prevent contamination of duct system.

c. Complete all critical barriers, i.e. sheetrock, plywood, fire rated plastic, to seal work area from non-work areas before maintenance or repair work begins, where required by VA. Utilize tack mats at exit of work area.

d. Maintain negative air pressure within work site utilizing HEPA equipped air filtration units when required by VA.

e. Contain waste and debris before transport in tightly covered, sealed lid containers. Tape covering unless solid lid.

f. Do not remove barriers from work area until completed work area is inspected by the M&O Supervisor and thoroughly cleaned by VA Environmental Management Services personnel.

g. Remove ICRA barrier material carefully to minimize the spreading of dust, dirt, and debris associated with the service or repair work.

h. Vacuum excessive dust and dirt from work area with HEPA filtered vacuums when required by VA personnel.

i. Remove isolation of HVAC system in areas where work was performed.

-- Program Development --

EXPECTATION: Develop a plan and maintain a schedule.

Develop the maintenance program and Maintain a schedule: Project Calendar Days = 60.

The contractor shall perform an initial inspection of all areas of the facility to determine any immediate needs. The contractor shall submit a tentative maintenance schedule not to exceed the total number of base contract performance days to cover areas noted as most necessary. All submittals should be submitted within 10 days of NTP.

· Service and Repair Schedule:

The goal of this contract is to service and repair all dilapidate, unsightly, and economically inefficient insulation in listed areas. Upon N.T.P, by VA Contracting Official, the contracted shall begin servicing and repairing insulation deemed by the M&O Supervisor as needing replaced, serviced, or repaired to regain economical efficiency, and visual pleasantness by patients and staff.

· Safety:

Special emphasis shall be placed on the contractors submission of an ICRA plan that includes infection control counter measures. When an area is to be closed off/down for services or repairs, the contractor shall place professionally fabricated signage attached to a portable station at the entrance of the area. Signs/stations to be placed at the entrance of an area are to state the reason of closure and planned time of reopening, and shall remain in place until all prescribed work and subsequent clean up is complete.

All contractor employees working at Louis A. Johnson VAMC must have a 10 hour OSHA card dated no more than two years prior to work. Supervisors are required to have a 30 hour OSHA card.

-- Execution of Work --

Expectations: Execute the work.

Provide services:

· The vendor will begin execution of work upon approval of the “Immediate Need” schedule, safety plan and other submittals.

· Maintenance work shall be executed no later than 15 days after NTP and will be expected to follow the approved schedule. All progress payments shall be based on inspections of satisfactory completed work as reviewed by the project COR. Payments requested for work that is not complete or do not meet performance requirements will be rejected.

MAINTENANCE & REPAIR SERVICE SPECIFICATIONS

A. Introduction:

This contract is to furnish maintenance and repair services for insulation deemed unserviceable by Facilities Management Service and/or FMS M&O Supervisor and commencing fifteen (15) calendar days after the Notice To Proceed (N.T.P.) and continuing for a maximum of sixty (60) working/business days.

B. Scope of Work:

1. The Contractor shall obtain all necessary licenses and/or permits as needed or required to perform the work.

2. The Contractor shall furnish all material, labor and equipment as defined in section B - 3, to provide full maintenance and repair services to unserviceable insulation located throughout the facility, and all services rendered must be in compliance to the manufacturer guidelines and/or industry standards.

3. The work covered under this contract includes but is not limited to the following:

supplies,not necessarily parts, to perform the services required in this contract.

d. All tools, equipment, specialty items and other items that may be necessary to perform the tasks required under this contract.

e. All support functions such as office overhead, travel, etc.

4. Contractor shall have in his possession throughout the term of the contract all equipment necessary to fully install, maintain, repair, adjust or reapply any and all types of insulation currently existing within the facility.

5. Contractor shall be required to attach a permanent tag after insulation installation over any plumbing or HVAC equipment so as to be readily identifiable without removing insulation coverings.

C. Maintenance Tickets:

1. Contractor shall have all maintenance tickets signed by the M&O Supervisor or the M&O Supervisor’s Representative.

2. All work shall be documented in a written record. See Section F, Documentation.

D. Performance Standards:

The following performance standards shall be maintained at all times:

1. Contractor speed and response time during emergent situations.

2. Accuracy of maintaining industry standards for each install, repair, or modification shall be maintained at all times.

3. Start of Shift times , breaks and meal times, and End of Shift times shall be established by the insulation foreman and agreed upon by M&O Supervisor.

4. All work shall be documented in a written record. See Section F, Documentation.

E. Labor, Supplies and Parts for Normal Maintenance:

The Contractor shall furnish all labor and tools as well as specialty tools and materials necessary to regularly and systematically examine, install, repair, or replace any type of insulation located within the facility.

1 . The contractor shall instruct their personnel that when they perform work under this contract, they shall comply with the following procedures:

a) Upon arrival at the station, the Contractor shall check in with the M&O Supervisor so that the Louis A. Johnson VAMC will be aware of the Contractor’s presence at the facility at all times.

2. All work shall be documented in a written record. See section F, Documentation.

F. Documentation:

1. A Record of Maintenance and work performed shall be kept on site, and available for review at the discretion of the COR.

2. At a minimum the Record of Maintenance shall keep track of:

a. All service ticket information.

b. An inventory of all materials on hand, used during maintenance, increases/decreases in inventory, parts installed from outside the inventory.

c. All parts used, all work performed, all tests performed, lists of deficiencies found during maintenance and inspections, a summary of trouble shooting performed.

3. Reports, all reports shall be sent via electronic means to the COR:

G. Maintenance reports:

H. Additional Work INCLUDED IN THIS CONTRACT:

The following work is specifically included from this contract.

1. Repairs or replacements made necessary due to negligence or vandalism of the insulation by persons other than the Contractor, his representatives or his employees – NOT TO EXCEED VALUE OF $5,000 (Materials and labor) PER INCIDENT.

a) The COR must approve in advance any extra charge work attributed to vandalism or misuse. No invoice will be paid without prior approval. Any repairs due to misuse or negligence per incident shall be billed according to the labor rate specified in the pricing schedule. Parts will be billed at actual invoiced cost.

2. All travel costs associated with the performance of this contract are the responsibility of the contractor and are provided at no additional cost to the Government as part of this contract. Travel costs are defined as, but are not limited to, time and vehicle costs for personnel in travel to and from job site for all duties outlined in this specification, normal shipping charges on any parts or materials covered by this contract, costs associated with the normal shipping of parts or equipment out for repair that are covered under this contract, etc.

I. Hours of Work:

Except for emergency callback service, the Contractor shall perform all work during regular working hours of regular working days 8:00 a.m. to 4:30 p.m. excluding Federal holidays, unless specifically instructed otherwise by the COR or COR’s designated representative.

1. Emergency Callback Service shall be provided 24 hours a day, seven days per week, as requested by the COR or COR’s designated representative.

J. Call Back Service :

Contractor shall provide callback services for emergency situation that arise from time to time as follows: Callback service is defined as requests for individual or a team of insulators, either during or after normal working hours, to correct any problem or condition, which needs attention. Callbacks during normal working hours consists of responding to the Louis A. Johnson VAMC to take corrective action at the site within 1 hour, 2 hours for all other service calls. Callbacks are not to take time away from preventive maintenance or other requirements required under this contract Noted insulation malfunctions shall be corrected the same day that the service call was issued. If circumstances beyond the contractor’s control preclude resolution of the problem that day, the COR or COR’s designated representative must be notified with an explanation of the delay.

1. Contractor shall have a service ticket on each service call signed by COR or COR’s designated representative. Service tickets shall identify the respective piece of equipment or system, description of problem, description of corrective measures taken, date and time work was complete. Service tickets for extra charge work must be signed and a copy left with the COR or COR’s designated representative. Failure to do so will result in non-payment for extra charge work.

2. Emergency service or repairs authorized by the COR, which occur after the normal hours of operation (4:30PM – 6:00AM), shall be included in the service. If regular time work must be carried over and the Contractor wishes to continue to work beyond the Medical Center’s normal hours of operation, authorization for overtime work must be obtained from the COR before proceeding and shall be at no additional cost.

3. The Veterans Affairs Medical Center shall not be responsible for incidental charges including, but not limited to, parking, tolls, mileage, phone, etc., on straight time or overtime work.

4. Contractor shall notify the COR or COR’s designated representative by telephone or in person after completion of each work assignment is completed.

K. Shutdowns:

1. Under no circumstances will any shutdown or breakdown last longer than five (5) working days (40 working hours), from initial notification to the Contractor, without prior approval of the COR.

a. All work shall be documented in a written record. See section F, Documentation.

L. Work Required Outside Contract:

Contractor shall immediately notify the COR in writing of the existence or the development of any defects in, or repairs required to, any insulation, which the Contractor considers not covered by the contract. The contractor shall furnish a written estimate, when requested, of the cost. Final determination of responsibility will be by mutual agreement between the Contracting Officer and the Contractor.

M. Work During Federal Holidays:

No work will be performed during Federal Holidays, as the VAMC will not be operating during these times.

N. Testing

1. The Contractor shall make available the uninterrupted services of at least one employee to accompany the inspector during the course of any inspection.

2. Within two (2) weeks prior to the termination of this contract, the COR shall make a thorough inspection of all equipment covered under this contract. The Contractor shall correct all defects found within seven (7) calendar days. The Contractor shall notify the COR in writing that the deficiencies have been corrected and that re-inspection can be made.

3. The inspectors used by the Louis A. Johnson VAMC on this contract may or may not work for the VAMC. An outside company may be used to perform inspections as a representative of the Medical Center if so desired by the COR.

O. Personnel:

1. Contractor shall provide qualified journeyman mechanics at a MINIMUM of three eight-hour day per week to perform Preventive Maintenance, installations, adjustments and/or repairs. All work shall be documented in a written record.

See Section F, Documentation.

2. The Contractor shall provide an additional qualified journeyman mechanic at the Louis A. Johnson VAMC as needed if normal maintenance requires two journeymen to accomplish the maintenance schedule and assist in repairs, inspections / adjustments. The contractor may use an insulation apprentice in lieu of a journeyman provided the apprentice has met the State of West Virginia requirements for that level of work. The contractor may use non-skilled workers for work not directly related to insulation maintenance (i.e removal (unless Asbestos is present), disposal, record keeping etc.)

3. Supervision: The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and any alternates shall be designated in writing to the Contracting Officer prior to the contract start date. Changes to personnel shall be submitted to the Government within five (5) work days of the changes. The Contract Manager or alternate shall have full authority to act on all contract matters relating to the daily operation of the contract. The Contract Manager or alternate shall be available to speak/meet with the CO or COR within 24 hours of request during normal operating hours, and/or within the next business day after Friday or during a Federal Holiday.

4. In addition to the above requirements, the Contractor shall have a minimum of 5 (five) years' direct experience in the insulation business, and have successful experience in maintaining, repairing, and installing identical or similar material to the existing material covered by this contract. Each offeror shall submit, as part of his offer, references for the previous 5 (five) years experience. The written references shall include, as a minimum, the name, address and telephone numbers of the specific companies and key personnel contacts.

5. Contractor Employees. The selection, assignment, and management of contractor employees is the responsibility of the Contractor; however, the Contactor shall not employ any individual who is identified as a potential threat to the health, safety, security, and general well being, or operation of the installation’s mission or personnel. The Contractor is fully responsible for the performance and conduct of his/her employees at all times. The Contractor shall not allow any employee to perform work under this contract while under the influence of alcohol, drugs, or any other incapacitating agent. Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. This shall be accomplished by the wearing of distinctive clothing bearing the name of the company or by possessing the appropriate badges containing the company’s name and employee picture.

6. The Contractor shall require all employees, including supervisors, to have a Louis A. Johnson VAMC government contractor ID and wear them at all times at the VAMC site. These ID’s shall be issued by the Louis A. Johnson VAMC Police Department under its rule for issuance.

7. Contractor Consent to Background Checks. The contractor or subcontractor shall not employ persons under this contract who have an outstanding criminal warrant as identified by Law Enforcement Agency Data System (LEADS) through the National Crime Information Center. Background Checks will verify if a person is wanted by local, state, and/or federal agencies. All contractor and subcontractor personnel must consent to Background Checks. Contractor and subcontractor personnel who do not consent to a Background Check will be denied access to the installation.

Information required to conduct a Background Check includes: full name, driver’s license number, and/or social security number, date of birth of the person entering the installation, and completion of a background check questionnaire.

8. Contractors shall ensure their employees and those of their subcontractors have the proper credentials allowing them to work in the United States.

Persons later found to be undocumented or illegal aliens will be remanded to the proper authorities. The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this clause. Furthermore, nothing in this clause shall excuse the contractor from proceeding with the contract as required.

9. Conduct of Contractor’s Employees

a. The Contractor shall prohibit his employees from disturbing papers on desks, opening desk drawers or cabinets, or using for personal use, telephones or office equipment provided for official Louis A. Johnson VAMC use.

b. Contractor shall require his employees to comply with the instructions pertaining to conduct and other regulations called to the Contractor’s attention by the CO/COR, Federal Protective Officers, Inspectors, etc.

P. Condition of Equipment

1. Upon contract award, the contractor accepts "as is" all existing insulation specified in the contract. Failure to inspect all areas within this facility, prior to contract award, will not relieve the contractor from performing services/repairs in accordance with the strict intent and meaning of the specifications. Offerors will be provided the opportunity to inspect the premises by the Contracting Officer prior to submitting their offers in order to be fully aware of the scope of services required.

Q. Infectious Control and Cleanliness.

R. Safety

1. The Contractor shall adhere to all OSHA, EPA, NFPA Life Safety Codes, and all other regulator requirements.

2. In performance of this contract, the Contractor shall follow Louis A. Johnson VAMC safety policy and standards for safe work practices, and take such safety precautions as the Louis A. Johnson VAMC Safety Officer or designee or the COTR may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with Louis A. Johnson VAMC smoking policy, which designates all interior space as NON-SMOKING areas.

3. Patient, employee, visitor, and contractor personnel safety shall be maintained at all times. The contractor is responsible for the occupational safety and health of his/her employees. The Contractor shall comply with all applicable OSHA safety and health standards. The Contractor shall replace all safety guards, equipment, devices, etc. removed to service or repair insulation immediately after completion of work or when leaving the job unattended.

4. The Contractor shall submit to the Contracting Officer, prior to the start of the contract, the Material Safety Data Sheets (MSDS) for all potentially hazardous materials (lubricants, cleaners, working fluids, etc.) to be used in the facility in performance of the contract, and will not use, in the facility, such materials which have not been so cleared in advance with the Louis A. Johnson VAMC. MSDS for new chemicals shall be furnished prior to the arrival of the chemical on site. The Contractor shall maintain a copy of all MSDS at the chemical storage site in a location accessible to Louis A. Johnson VAMC personnel to assure compliance with all laws and requirements regarding the “Right to Know” law.

5. The Contractor is responsible to identify, provide and maintain all personal protective equipment (PPE) required to perform the duties outlined in the contract. In addition, the contractor is responsible for identifying and providing all applicable safety programs (i.e. lockout/tag out, confined space entry, universal precautions, etc.) required to perform the work. Training on required safety programs and the proper use of PPE shall be provided, and documentation maintained by the contractor.

6. The Contractor shall obtain a Hot Work Permit from the COR whenever soldering, welding, grinding, using a cutting torch, or other open flame, spark, or heat producing equipment is used. The contractor is required to follow ALL requirements outlined for the issuance of the Hot Work Permit.

7. The Contractor shall be notified of any non-compliance with the pervious provisions. The contractor shall, after receipt of such notice, immediately correct the condition and notify the Contracting Officer in writing that the condition has been corrected. If, in the opinion of the COR or the Louis A. Johnson VAMC Safety Officer the condition is life threatening he/she shall instruct the contractor to stop work until the condition has been corrected. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order halting of all or any part of the work, and Contractor may be held in default. The Contractor bears all costs of stop-work time and correcting safety hazards.

8. The contractor shall provide within ten (10) working days after receipt of this contract a detailed listing of the following information:

a) Written safety program specific to the Louis A. Johnson VAMC contract and required to be followed by the contractor’s personnel in the performance of their duties.

b) Listing of Personal Protective Equipment(s) required to be used by the contractor’s personnel in the performance of their duties.

c) Material Safety Data Sheet (MSDS) for any chemical(s) utilized by the contractor in the performance of this contract. All chemicals must be stored in an approved flammable cabinet. Note that active cabinet ventilation may be required at the discretion of the Louis A. Johnson VAMC safety office, based on specific stored material.

9. Contractor is responsible for the supervision of all their employees while on government property. It is the Contractor’s responsibility to assure compliance with the scope of work and requirements referenced in this contract.

10. The contractor shall reinstall any guards, hanger, or equipment panels removed to perform insulation installation or repair on any equipment that it was removed from before the end of every workday.

S. Injury or Accident

1. Contractor shall submit a written report to the Louis A. Johnson VAMC within five work (5) days of any accident or injury involving any employee. The report shall state the cause, what and when the incident occurred as well as the remediations that were made to correct the cause of the incident.

T. Quality Control Program

1. The Contractor shall establish a complete quality control program to assure the requirements of the contract are provided as specified, within ten (10) work days of the N.T.P. The Contractor shall submit this program to the COR, for approval. The program shall include, but not be limited to, the following:

a) An inspection system covering all the services described in the contract. A checklist used for inspecting contract performance during regularly scheduled or unscheduled inspections and the name(s) of the individual(s) who will perform the inspections.

b) The checklist shall include every area of the Contractor’s operation as well as every task required to be performed.

c) A system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and/or the Medical Center inspectors point out the deficiencies.

d) A file of all inspections conducted by the Contractor and the corrective action taken. This documentation shall be made available to the Louis A. Johnson VAMC upon request, at any time during the term of the contract.

U. Emergency Telephone Numbers

1. The Contractor shall provide the COR with pertinent emergency telephone numbers, in order to request assistance in case an emergency develops. At least one of the emergency telephone numbers shall be manned twenty-four (24) hours per day. This information shall be provided in writing to the COR, within 10 days following the N.T.P..

V. General Information

1. The Contractor shall immediately notify the Contracting Office and Contracting Officer’s Representative (COR) (in writing) of the development of any defects in, or repairs required to which the contractor considers he is not responsible for under the terms of the contract. The contractor and shall furnish the COTR a written estimate of the cost to make necessary repairs. The Contracting Officer reserves the right to make final determination of the responsibility. The contacting officer also reserves the right to solicit the services of other contractors to make said repairs.

2. The Contractor shall require his employees to comply with all VA rules and regulations pertaining to the conduct of his employees while on station. Particular attention is drawn to the fact that the Louis A. Johnson VAMC is a NO SMOKING Facility. Smoking is not permitted in any building (including Penthouses and elevator pits).

3. Contractor shall have use of station telephones to make business calls related to the Louis A. Johnson VAMC’s equipment. Misuse of this privilege will necessitate the need to require the contractor to use public telephones.

END

Insulation Maintenance and Repair

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.