36C24523Q0174 Hood Cleaning Rev3.pdf

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

TBD

36C24523Q0174

William Chris Galletta william.galletta@va.gov 01-19-2023

10am EST

Department of Veterans Affairs

VAMC

10 N Greene St

Baltimore MD 21201

X 100

X

561720

$19.5 Million

N/A

VAMC(512) Warehouse

VAMC

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 is a Request for Quote on requirement for:

Kitchen/Canteen Hood and Ventilation Cleaning at both Baltimore and Loch Raven VA Med Centers

See Statement of Work (SOW) for complete details

Period of Performance (POP): Base + Four Option Years

Base Year: 2/01/23-1/31/24

OPT 1: 2/01/24-1/31/25

OPT 2: 2/01/25-1/31/26

OPT 3: 2/01/26-1/31/27

OPT 4: 2/01/27-1/31/28

Please email Quotes to William.Galletta@va.gov

Quotes are due on 1/19/23 by 10am.

**SAM UEI required to be included with your Quote.

POC: William.Galletta@va.gov

See CONTINUATION Page

X 1

John Ritter

John.Ritter2@va.gov mailto:william.galletta@va.gov mailto:William.Galletta@va.gov

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 23

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 26

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

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: TBD

b. GOVERNMENT: Contracting Officer 36C245 John.Ritter2@va.gov

VAMC

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or

52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly 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.

http://www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

mailto:John.Ritter2@va.gov

B.2 STATEMENT OF WORK

II. SCOPE OF WORK

The Contractor shall provide all personnel, management, material, parts, equipment, supplies, labor, and transportation in performing maintenance services/cleaning. The scope of this service contract is to clean and maintain ventilation ducts for the Main

Kitchen at the Baltimore VA, located on the 2B level and the Canteen located on the

Basement elevation near the Main Loading Dock (BRECC) and Loch Raven VA

Canteen located in building One (basement) in accordance with all terms and condition of this contract. The contractor shall contact the VA’s point-of-contact to notify and confirm the date that the ventilation ducts will be cleaned. The cleaning activities shall be performed between the hours of 8:00PM and 6:00AM. After the contractor completes their scheduled activities, they shall cleanup the area of any material that may have dropped. The contractor shall perform their activities in accordance with the applicable codes and requirements of the Maryland Department of the Environment (MDE) and other regulatory agencies.

This is a Base plus 4 Option Year requirement.

NFPA Kitchen Hood Cleaning Requirements Too Improve Fire Safety

The National Fire Protection Association’s NFPA 96 (NFPA Kitchen Hood Cleaning

Requirements) requires trained and certified personnel to clean restaurant kitchen hoods and exhausts on a regular basis (NFPA 96-11.4). Their mandated cleaning schedule is as follows:

• Systems serving solid fuel cooking operations: Monthly

• Systems serving high-volume cooking operations such as 24-hour cooking, charbroiling, or wok cooking: Quarterly

• Systems serving moderate-volume cooking operations: Semiannually

• Systems serving low-volume cooking operations, such as churches, day camps, seasonal businesses, or senior centers: Annually

According to NFPA-96 section 11.6.1(NFPA Kitchen Hood Cleaning Requirements):

“Upon inspection, if found to be contaminated with deposits from grease-laden vapors, the entire exhaust system shall be cleaned by a properly trained, qualified, and certified company or person(s) acceptable to the authority having jurisdiction in accordance with

Section 11.4.”

The entire exhaust system includes the hood, filters, fan, and all associated horizontal and vertical ductwork.

In addition, NFPA-96 section 11.6.2 states (NFPA Kitchen Hood Cleaning

Requirements): “Hoods, grease removal devices, fans, ducts, and other appurtenances shall be cleaned to remove combustible contaminants prior to surfaces becoming heavily contaminated with grease or oily sludge.”

Grease and particulate buildup in the exhaust system is a fire hazard, and greatly impacts on the efficiency and lifetime of mechanical equipment. According to the NFPA, a majority of restaurant fires originate on the kitchen cooking appliances and flare into the kitchen exhaust system. If the entire exhaust system is not cleaned, a significant risk for fire exists whenever cooking appliances are used.

III. DEFINITIONS/ACRONYMS

A. Contract Discrepancy Report (CDR): A report that the Government shall complete and issue to the Contractor when service is unsatisfactory and not in compliance with the terms and conditions of the contract. The Contractor is required to complete and return this form to the COR whenever performance is unsatisfactory. The

CDR requires the Contractor to explain, in writing, the cause of the unsatisfactory performance, how performance will be returned to acceptable standards, and how reoccurrence of the problem will be prevented in the future.

B. Contracting Officer (CO): The individual with the authority to enter, administer, and/or terminate contracts. The CO is the exclusive Government official authorized to execute changes and deviations or variations in the contract.

C. Service POC: A Government representative, designated in writing by the

Contracting Officer, to be responsible for quality assurance, inspection, surveillance, documentation, and acceptance of the Contractor's performance.

D. Preventive Maintenance (PM): Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions. To clean, lubricate, calibrate, test, and replace faulty or worn parts and/or parts which are likely to become faulty, fail or become worn, repair, or adjust components, or assemblies of components as necessitated by wear, tear, damage, or failure of parts, returning the equipment and/or instrument to the operating condition defined in the manufacturer’s specifications.

E. Repair Cost Estimate: The Contractors estimated cost (for parts, labor, and freight) to repair a system according to manufactures' specifications and requirements.

F. Time: When hours are given it shall mean clock hours exclusive of Saturdays, Sundays and Holidays unless otherwise specified (i.e., 1:00 P.M. Monday to 1:00 P.M.

Tuesday equals 24 hours; 12:00 P.M. Friday to 12:00 P.M. Monday equals 24 hours). If days are indicated it shall mean calendar days including Saturdays, Sundays, and

Holidays.

G. Rework. Any work the Contractor is required to accomplish due to unsatisfactory performance or nonperformance in accordance with the stated quality and level of effort specified in the contract. Rework is performed at no additional cost to the

Government.

H. ESR. Vendor Engineering Service Report. A documentation of services rendered for each incidence of work performance under the terms and conditions of the contract.

I. Acronyms. Commonly used acronyms are listed below

FSE: Field Service Engineer

AQL: Acceptable Quality Level

IAW: In Accordance With

QA: Quality Assurance

QC: Quality Control

WS: Performance Work Statement

VA: VA Medical Center

CO: Contracting Officer

COR: Contracting Officer’s Representative

FES: Facilities and Engineering Service

IV. PREVENTIVE MAINTENNANCE REQUIREMENTS

A. Baltimore VA Medical Center: 10 N. Greene St, Baltimore, MD 21201

Clean the Canteen ventilation system, which includes the hoods, exhaust fans and ductwork, where accessible. There are (4-each) hoods located on the second-floor canteen, and (4-each) hood located in the kitchen in the basement. All the hoods exhaust on the 8-floor but there is interstitial space between each floor (a mechanical floor between each floor), so the 8th floor has the height of a 13th floor.

* This maintenance is required on the Basement hoods first week of every month.

*This maintenance is required on Canteen hoods four times a year:

March-June-Sept-Dec.

B. Loch Raven VA Medical Center: 3901 The Alameda, Baltimore, MD.

21218 Clean the Canteen ventilation system, which includes the hoods, exhaust fans and ductwork, where accessible. There are (3-each) hoods located in Bldg. 1, G-10 Basement/Kitchen.

*This maintenance is required Semi Annually (every six months)

C. The hours of work are 8:00 pm until 6:00 am. Vendor is to remove as much of the carbonized and non-carbonized grease as possible. There is a possibility that sections of the ductwork cannot be cleaned down to the bare metal due to existing build-up. Any discrepancies will be noted by the vendor while on site. Cleaning should take approximately 2 nights. Contractor must coordinate with the Service POC and Kitchen supervision before work is to begin that evening.

*All cleaning shall be conducted after hours. Cleaning area should be kept under negative pressure and ICRA protocol adhered to during scheduled work. Terminal cleaning after all work in the kitchen areas where worked will need to be completed.

D. The Contractor will contact the Service POC to schedule a PM at least five (5) calendar days prior to the proposed date. Schedule changes required by the

Government after approval shall be made at no additional cost if notice is provided to the Contractor five (5) calendar days or more prior to the scheduled date of accomplishment.

E. All work will be performed between the hours of 8:00 pm and 6:00 a.m. on the prearranged dates.

Example Of Canteen/Kitchen Hoods (Baltimore VAMC)

V. CONTRACTOR PERSONNEL

A. Personnel Experience. All work shall be performed by competent mechanics, experienced and qualified to work on the specific makes and models of equipment listed in this contract. The Contractor shall submit to and for the approval of the Contracting

Officer, certification, and a list of credentials of the approved mechanics. Personnel shall have a minimum of three (3) years recent experience related to this work. The contractor must provide a list of three (3) reference contacts that have been provided service on similar or identical equipment. The contractor must provide authenticated factory training certificates or credentials (or acceptable substitute as approved by the

COR) for any personnel who are working on any VA equipment. The VA specifically reserves the right to reject any of the contractor’s personnel and refuse them permission to work on VA equipment.

B. Conduct of Personnel. The Contractor shall ensure that his personnel always present a professional appearance and that their conduct shall not reflect discredit upon this facility or the Department of Veterans Affairs. The Contractor shall remove from the job site any employee for reasons of misconduct or security. The removal from the job site of such a person shall not relieve the Contractor of the requirement to provide sufficient personnel to perform adequate and timely service. All employees shall be legal residents of the United States and be able to understand, speak, read, and write the English language.

F. Identification of Employees.: The Contractor shall within 10 calendar days before beginning performance of work provide the Contracting Officer a list of all employees who will perform under this contract. The list shall include the full name, and work assignment of each employee. The Contractor shall notify the Contracting Officer in writing of any addition, deletion or change in work assignment within 10 days of such change. Each of the Contractor's employees shall conspicuously display on their person a badge provided by the Contractor that shall include the full name of the employee, the name under which the Contractor is doing business and a badge serial number.

VI. HOURS OF OPERATION

A. Normal Duty Hours. The Contractor shall have employees available

Monday through Friday, except legal public holidays at the times specified to perform routine work and inspections.

B. Federal Holidays. Federal Holidays observed by the VA are:

New Year’s Day; Martin Luther King Day; President’s Day; Memorial Day;

Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; and

Christmas.

VI. CONTRACTOR QUALITY CONTROL

The Contractor shall establish and maintain a Quality Control Program that ensures that all requirements of the contract are provided as specified.

VII. INSPECTION AND ACCEPTANCE

A. Final inspection and acceptance by the Government shall be made at the site of each system. However, final inspection and acceptance do not preclude the

Government's right to inspect completed work prior to shipment from the Contractor's shop nor does it waive any rights of the Government.

B. Unsatisfactory service will be reported in writing by the CO to the Contractor.

C. Telephone Answering Service: The Contractor shall maintain, at his own expense, a dedicated (tie-line) toll-free telephone answering service for the exclusive use in the performance of this contract. This answering service shall be monitored during normal work hours as identified in the specifications.

D. Radio Dispatch System: It is recommended but not mandatory that the Contractor utilizes a radio dispatch system for directing and dispatching personnel in response to maintenance service calls. In the event the use of radio dispatch is elected for use; it shall be the Contractors responsibility to obtain all permits, licenses, frequency allocations and antennas, all accessories necessary for send or receive operation at no additional cost to the Government. An expanded radio system could possibly be utilized in conjunction with or instead of the telephone answering service described in the paragraph above.

VIII. REMOVAL AND/OR DISPOSAL

A. Removing Government-Owned Material: All property removed remains the property of the U.S. Government and shall be returned by the Contractor to a place of storage as designated by the CO or Service POC.

B. Salvage: Items received by the Contractor that are non-repairable because of condition, or declared unfit for economical rehabilitation by the Contractor, shall be returned to the Government. All salvage remaining in the Contractor's shop shall remain Government property and may be used for repair of any Government-owned equipment when released by the CO. The Contractor shall be required to maintain an accountable record of inventory upon completion of the maintenance contract.

C. Inventories shall not be disposed of by the Contractor without inspection and written approval of the CO. Salvaged parts used in the repair of any government owned equipment shall be treated by the Contractor as Government furnished material and reflected as same on Contractor's invoices when submitted for payment. All salvage in the possession of the Contractor, upon expiration of the contract, will be returned to the

Government within thirty (30) days after such expiration.

IX. FIRE PREVENTION AND PROTECTION

The Contractor shall fully acquaint himself and his personnel with the location of fire equipment before work, take all prudent measures to minimize fire hazards that result from work, complies with all ordering agency fire and safety regulations.

X. ENERGY CONSERVATION

The Contractor is required to comply with all energy conservation regulations and instructions that are applicable to Government-owned facilities including but not limited to thermostat settings.

XI. CLEANING UP

The Contractor shall clean up after work, leaving each area where work is performed, neat and clean. All containers, trash and debris for which he is responsible shall be removed.

XII. HAZARDOUS CONDITIONS

During the performance of work under this contract, should the Contractor find serious or hazardous conditions existing with or in any of the equipment the Contractor shall secure the equipment and immediately notify the Service POC.

XIII. CLEANLINESS

The area immediately around the equipment provided for the Contractor’s use shall be kept in a clean and orderly condition. Trash and waste material shall not be permitted to accumulate but shall be removed by the Contractor’s employees.

XIV. SERVICE MANUALS

The VA shall not provide service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSEs all operational and technical documentation, (such as: operational and service manuals, schematics, and parts lists), which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name, and/or the manuals themselves shall be provided to the CO upon request.

XV. INSURANCE

A. Worker compensation and employer’s liability. Contractor and any subcontractor covered under this contract are required to comply with applicable Federal and State

Worker’s Compensation and occupational disease statutes.

B. General Liability. Contractor and any subcontractor covered under this contract are required to have Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

C. Property Damage Liability. Contractor and any subcontractor covered under this contract are to have Property Damage Liability insurance coverage of at least $500,000.

D. Contractor shall provide proof of liability insurance within five (5) days after contract award.

XV. SMOKING POLICY

Smoking is prohibited inside all buildings except in designated areas.

XVI. BILLING AND PAYMENT

A. Each invoice shall contain the documentation required by this contract. The invoices shall be itemized to contain the equipment’s identifier. When parts are furnished by the Government, they shall be itemized on Contractor's invoice at no-cost and indicated as Government-furnished parts.

B. Contractor will forward invoices to the following address:

VA FSC

P.O. BOX 149971

AUSTIN, TX 78714

C. Payment. Payment will be made 30 days in arrears upon receipt of properly prepared invoice. Invoice must contain the contract number and the appropriation number.

XVII. PRICING SUBMITTAL

The annual pricing of the contract should be itemized by the bidders to reflect a cost per unit PM. In addition, the pricing should include unit pricing for each of the variable cost items to be used throughout the life of the contract.

XVIII. VENDOR REQUIREMENTS

1. The contractor must employ mechanics and technicians that are trained in the applicable codes, standards, and manufacturer requirements for water treatment and testing services. Specific experience should include maintenance and service of deionized water systems.

2. The contractor must have at least 5 years of experience, satisfactorily performing such maintenance on comparable units, equipment, or systems.

3. The contractor must have sufficient supplies, tools, and equipment to perform all requirements of this contract.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Baltimore VAMC: Hood and Ventilation Cleaning (Basement) Cleaning required first week of each Month

Contract Period: Base POP Begin: 02-01-2023 POP End: 01-31-2024

PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial

4.00 QTR __________________ __________________

Baltimore VAMC: Hood and Ventilation Cleaning (Canteen)

Cleaning required in March-June-Sept-Dec (Quarterly) Contract Period: Base POP Begin: 02-01-2023

POP End: 01-31-2024 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

2.00 JB __________________ __________________

Loch Raven VAMC: Hood and Ventilation Cleaning (Canteen/Basement)

Cleaning required every six months Contract Period: Base POP Begin: 02-01-2023 POP End: 01-31-2024

PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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; 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. 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 one (1) year.

(End of Clause)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the

Contracting Officer may use the services of a support contractor(s) to assist in assessing

Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.6 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.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.