36C24523Q0381-UPS PM and Service-Washington DC.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

688-23-2-478-0046

36C24523Q0546 04-24-2023

Trever Turcotte Trever.Turcotte@va.gov 05-08-2023 9:00 am EDT

90C Department of Veterans Affairs VISN 5 Contract Satellite office

510 Butler Avenue, Building 306A Martinsburg WV 25405 Trever Turcotte Trever.Turcotte@va.gov

X 100

X

Y

561210

$41.5 Million

N/A

X

90C

Department of Veterans Affairs Washington DC VAMC

50 Irving St NW Washington DC 25405

90C

Department of Veterans Affairs VISN 5 Contract Satellite office

510 Butler Avenue, Building 306A Martinsburg WV 20422

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

The Government requires the Contractor to provide Biannual preventive maintenance and inspection services for two (2) uninterruptable power supplies (UPS) in accordance with the Statement of work. This Contract will be a firm-fixed priced with a base plus four (4) one-year option periods contingent upon availability of funds

Estimated Period of Performance:

Base year: 05/15/2023-05/14/2024 Option Yr 1: 05/15/2024-05/14/2025 Option Yr 2: 05/15/2025-05/14/2026 Option Yr 3: 05/14/2026-05/14/2027 Option Yr 4: 05/15/2027-05/14/2028

**Email all questions to Trever.Turcotte@va.gov by 05/01/2023 at 9:00 am.

** All quotes due 05/08/2023 at 9:00 am by email to Trever.Turcotte@va.gov.

See CONTINUATION Page

X X x 1

Trever Turcotte

VA-VHA-RPOE-2023-0077

36C24523Q0546

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...24

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C245 Trever.Turcotte@va.gov

Department of Veterans Affairs VISN 5 Contract Satellite office

510 Butler Avenue, Building 306A Martinsburg WV 25405

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.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

Provide Biannual Preventative Maintenance Service -(Schneider/APC) Galaxy 5000/5500 81 to 130 KVA, Serial Number C11833190021 Contract Period: Base POP Begin: 05-15-2023 POP End: 05-14-2024 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components Preventive Maintenance will take place in May and November of each year.

Provide Biannual Preventative Maintenance Service-(Schneider/APC) Galaxy VS 80 to 100KW, Serial Number BD1902006729 Contract Period: Base POP Begin: 05-15-2023 POP End: 05-14-2024 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of

1.00 HR __________________ __________________

Normal hours emergency calls- Optional if needed Contract Period: Base POP Begin: 05-15-2023 POP End: 05-14-2024 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of

After hours emergency calls- Optional if needed Contract Period: Base POP Begin: 05-15-2023 POP End: 05-14-2024 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

40.00 EA __________________ __________________

Battery Replacemnet: Model-12HX300-FR. Battery replacement OPTIONAL if needed Contract Period: Base POP Begin: 05-15-2023 POP End: 05-14-2024 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

36.00 EA __________________ __________________

Battery Replacement: Model-UPS12-490MR. Battery replacement OPTIONAL if needed Contract Period: Base POP Begin: 05-15-2023 POP End: 05-14-2024 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

5000/5500 81 to 130 KVA, Serial Number C11833190021 Contract Period: Option 1 POP Begin: 05-15-2024 POP End: 05-14-2025 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of

VS 80 to 100KW, Serial Number BD1902006729 Contract Period: Option 1 POP Begin: 05-15-2024 POP End: 05-14-2025 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of

Contract Period: Option 1 POP Begin: 05-15-2024

POP End: 05-14-2025 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Contract Period: Option 1 POP Begin: 05-15-2024 POP End: 05-14-2025 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services needed Contract Period: Option 1 POP Begin: 05-15-2024 POP End: 05-14-2025 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services if needed Contract Period: Option 1 POP Begin: 05-15-2024 POP End: 05-14-2025 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

5000/5500 81 to 130 KVA, Serial Number C11833190021 Contract Period: Option 2 POP Begin: 05-15-2025 POP End: 05-14-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of

Provide Biannual Preventative Maintenance Service-(Schneider/APC) Galaxy VS 80 to 100KW, Serial Number BD1902006729 Contract Period: Option 2 POP Begin: 05-15-2025 POP End: 05-14-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of

Contract Period: Option 2 POP Begin: 05-15-2025 POP End: 05-14-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Contract Period: Option 2 POP Begin: 05-15-2025 POP End: 05-14-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services needed Contract Period: Option 2 POP Begin: 05-15-2025 POP End: 05-14-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services if needed Contract Period: Option 2 POP Begin: 05-15-2025 POP End: 05-14-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

5000/5500 81 to 130 KVA, Serial Number C11833190021 Contract Period: Option 3 POP Begin: 05-15-2026 POP End: 05-14-2027 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

VS 80 to 100KW, Serial Number BD1902006729 Contract Period: Option 3 POP Begin: 05-15-2026 POP End: 05-14-2027 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Contract Period: Option 3 POP Begin: 05-15-2026 POP End: 05-14-2027 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Contract Period: Option 3 POP Begin: 05-15-2026 POP End: 05-14-2027 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services needed Contract Period: Option 3 POP Begin: 05-15-2026 POP End: 05-14-2027 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services if needed Contract Period: Option 3 POP Begin: 05-15-2026 POP End: 05-14-2027 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

5000/5500 81 to 130 KVA, Serial Number C11833190021 Contract Period: Option 4 POP Begin: 05-15-2027 POP End: 05-14-2028 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of

VS 80 to 100KW, Serial Number BD1902006729 Contract Period: Option 4 POP Begin: 05-15-2027 POP End: 05-14-2028 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of

Contract Period: Option 4 POP Begin: 05-15-2027 POP End: 05-14-2028 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

After hours emergency calls- Optional if needed Contract Period: Option 4 POP Begin: 05-15-2027 POP End: 05-14-2028 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services needed Contract Period: Option 4 POP Begin: 05-15-2027 POP End: 05-14-2028 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services if needed Contract Period: Option 4 POP Begin: 05-15-2027 POP End: 05-14-2028 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

STATEMENT OF WORK

Uninterruptible Power Supply (UPS) Equipment and Associated Batteries

Preventative Maintenance and Service

The Washington DC Veterans Affairs Medical Center (DC VAMC) has two Uninterruptible Power Supply (UPS) systems; one is in the server room on the 4th floor for OI&T equipment, the other is in 2A on the 2nd floor in the Genitourinary Suite (GU).

The physical location is VISN 05 VAMC 50 Irving Street, NW Washington, DC 20422.

These UPS units are connected and powered through the hospital’s Essential Electrical System (EES) providing a bridge during the transferring of the normal (Utility) power and the alternate source (Emergency) diesel generators. The UPS units also acts as a power conditioner for the connected loads which reduces and/or eliminates power surge’s that may cause sags and swells adversely affecting the sinewave of the circuit/feeder by delivering a stable and quality source of power.

The Washington DC Veterans Affairs Medical Center (DC VAMC) has need for scheduled preventive maintenance for (UPS) Equipment and associated batteries. This service is necessary to ensure the UPS equipment will perform as necessary to sustain the critical information technology (IT) systems reliant on a continuous and quality power source.

Scope of Work:

Under an Annual agreement, the Contractor shall furnish all necessary travel, tools, labor, materials, parts, and personnel management necessary to fulfill the DC VAMC Mission Critical Essential requirements for the scheduled preventive maintenance of the UPS equipment and associated batteries.

Upon award the Contractor shall perform an initial inspection of the UPS equipment and the associated batteries providing a report of the current condition to the COR.

Documenting the install dates and recommended battery replacement schedules for each UPS unit. Additionally, the Contractor shall contact the manufacture for information on possible upgrade to software or any other recommended revision to each UPS and document the findings. The Contractor then shall contact the Manufacture periodically (2-year interval, maximum) for further updates. The report shall also include all recommended testing and analysis by the Original Equipment Manufacturer (OEM) and those found in NFPA 70B 28.3 as applicable. This report shall serve as the baseline information for Record Keeping log outlined herein.

Contractor shall ensure that the equipment functions in conformance with the following latest published standards, codes, specifications, and regulations as applicable to include, but not limited to: Joint Commission for the Accreditation of Healthcare Organizations (JCAHO), National Fire Protection Agency (NFPA-99)(NFPA-70) and

(NFPA-70B), Original Equipment Manufacturer (OEM), 21 CFR, American Hospital Association (AHA)/American Society for Hospital Engineering (ASHE), Institute of Electrical And Electronic Engineers (IEEE), Washington, DC VAMC Engineering Service Standard Operating Procedures (SOPS), and any other Federal, State, and Local regulations mandated.

**Certification: Contractor must be either Schneider authorized field agent engineer or Certified EcoXpert Partners

EQUIPMENT LISTING:

OI&T 4th floor Server room

Galaxy 5000/5500 81 to 130 KVA, Serial Number C11833190021

GU Suite

Galaxy VS 80 to 100KW, Serial Number BD1902006729

ASSOCIATED BATTERIES:

Batteries associated with each of the UPS shall be replaced per established guidelines of the Manufacture of the UPS. The Contractor shall determine the date of install by date code provided by manufacture and replace batteries accordingly.

Batteries shall be inspected for any abnormalities or signs of failure to avoid a catastrophic failure of the UPS System. Contractor shall provide in the report the condition of the batteries and date installed. If Contractor determines batteries need to be replaced, a quote for the service shall be provided for CO or COR approval.

EQUIPMENT CHANGES:

Equipment replacements /upgrades will be covered once a written supplemental agreement is issued and signed by the Contracting Officer (CO) and the Contracting Officer's Representative (COR).

Period of Performance (estimated):

Base Year: 05/15/2023-05/14/2024 Option Year 1: 05/15/2024-05/14/2025 Option Year 2: 05/15/2025-05/14/2026 Option Year 3: 05/15/2026-05/14/2027 Option Year 4: 05/15/2027-05/14/2028

HOURS OF COVERAGE:

Scheduled inspection work required in the performance of this contract shall be performed during the hospital's regular hours, excluding federal holidays.

Federal Holidays observed by the VAMC(s) are:

New Year’s Day Labor Day

Martin Luther King Day Columbus Day

Presidents' Day Veterans' Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

This also includes any other day specifically declared by the President of the United States to be a national holiday.

All service and repairs shall be performed during normal hours of coverage with prior approval of the COR. The COR may approve service outside normal hours of coverage at no additional cost to the government.

PREVENTIVE MAINTENANCE:

The Contractor shall perform preventive maintenance as scheduled. The day of the preventive maintenance must be scheduled with the COR at least 72 hours in advance and during normal working hours. All exceptions to the preventive maintenance schedule shall be arranged and approved in advance with the COR.

Service shall include but not limited to:

• 24/7 Live call center

• 24/7 Unlimited technical support

• 24/7 Priority 1st responder emergency service with thirty- minute call back

• On-Site emergency service response time four hours or better

• Preventive Maintenance Inspections on the UPS electronics

• Full mechanical & visual inspection

• Metering & calibration verification

• Thermal heat scan & cooling verification

• Functional verification

• Preventive Maintenance Inspections on the Battery Systems

• Full mechanical & visual inspection

• Metering & calibration verification

• Thermal heat scan & cooling verification

• Functional verification

• Onsite labor, travel time, mileage and expenses

• Logistics coordination from hardware delivery to onsite scheduling

• Remedial maintenance and corrective repair

• Comprehensive escalation and corrective action process

• Summary electronic report of equipment, environment & site analysis

UNSCHEDULED MAINTENANCE AND REPAIR-SERVICES:

The Contractor shall provide unscheduled maintenance and repair services as necessary to ensure the equipment remains in good operating condition. Repair service shall be achieved by returning failed components of a system to full operational capacity. These repair services may consist of calibrating, cleaning, adjusting, replacing parts broken or worn beyond useful life and maintaining the equipment, including all intervening calls necessary between regular services and calibrations.

Repair shall be carried out with the objective of minimizing downtime.

Service calls to the Contractor are only authorized when they are received from the CO or COR. Work performed outside the normal hours of coverage at the request of the Contractor will be considered service during normal hours of coverage. Service responses on calls from unauthorized personnel may result in nonpayment.

Note: Any repairs under $2,500 a government purchase card shall be used. If the repair is great than $2,500 then an estimate will be provided, and a new purchase order will be issued.

Response Time: The Contractor must respond with a phone call to the COR within one hour and twenty-four (24) hours onsite after receipt of telephoned notification.

Recording Keeping: Contractor shall maintain and provide an electronic copy of a log recording all items concerning each UPS system. The log shall include but not limited to the following:

1. System identification—Model and Serial Number

2. Battery information—Model and Serial Number

3. System operation—normal settings and adjustments

4. Meter readings as applicable

5. Record of abnormal operations, failures, and corrective action.

6. Maintenance history

The log may be used for comparison to detect changes and degradation of the UPS circuitry, need for adjustment of controls, or other maintenance and testing through the life of the equipment.

PARTS:

The Contractor shall furnish and replace all equipment replacement parts including associated batteries at cost to the Government on an as needed basis. The Contractor shall have ready access to all equipment parts, including unique and high mortality replacement parts, to minimize downtime and meet equipment uptime requirements.

Only new standard parts (manufactured by the maker of the equipment or equal There to) shall be furnished by the Contractor. Rebuilt parts, used parts, or those Removed from the same model of equipment shall not be installed. All parts supplied by the Contractor shall be of current manufacture and have complete versatility with The presently installed equipment. All parts shall perform identically to the original equipment specifications.

REMOVAL OF EQUIPMENT:

Approval by the COR along with a VAMC equipment pass must be obtained before removing equipment to Contractor's plant.

Removal of the equipment shall be done with no additional costs to the government.

The Contractor will be responsible for loss or damage of equipment.

SERVICE MANUALS:

The VAMC shall not provide service manuals or service diagnostic software to the Contractor. The Contractor shall obtain, have on file, and make available all operational and technical documentation (such as: operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract.

TEST EQUIPMENT:

Within thirty (30) days after award, the Contractor shall provide the VAMC with a copy of the current calibration certification of all test equipment which shall be used by the Contractor on VAMC's equipment. This certification shall also be provided on a periodic basis when requested by the VAMC. Test equipment calibration shall be traceable to a national standard.

DOCUMENTATION AND REPORTS:

Documentation in the form of service tickets must be furnished to the COR for all scheduled and unscheduled maintenance performed by the Contractor. Failure to comply may result in delayed payment.

The documentation shall include detailed descriptions of scheduled maintenance and emergency repairs, procedures performed, including replaced parts and prices (for outside normal working hour services) required to maintain the equipment. Such documentation shall meet the guidelines as set forth in Conformance Standards. The service ticket shall consist of a separate report for each equipment item covered under the "specific" contract. Each service ticket must, at a minimum, document the following data legibly and in complete detail: name of Contractor; service ticket number/log number; date, time (starting and ending), equipment downtime and hours on-site for service call; VA purchase order number(s) covering the call (for the contract or one provided for authorized work performed outside normal hours of coverage or not covered by the contract); description of problem reported by COR (if applicable);

identification of equipment to be serviced; itemized description of service performed and parts replaced; results of calibration and or performance testing; total cost to be billed if part(s) are not covered or service rendered after normal hour; of coverage; and signatures.

Any additional charges claimed by the Contractor must be approved by the COTR before the service is completed. This will be a multi-year agreement with option years for renewal

1. GENERAL CONDITIONS AND DEFINITIONS:

a. VA: Veterans Affairs.

b. COR: Contracting Officers Representative. VA employee of VAMC Facilities and Engineering Service officially assigned to act as a Project Manager and Inspector on behalf of VAMC and the Contracting Officer. COR shall be “First Point of Contact” on all matters concerning contract work for subject Project.

c. ICRA: Infection Control Risk Assessment. An ICRA form must be filled out and signed by Infection Control personnel prior to any work – coordinate with COR.

d. ILSM: Interim Life Safety Measures. Any series of Operational Actions taken to temporarily reduce hazards posed by Life Safety deficiencies which have been created by demolition, renovation, or construction works, and which are to remain in place and in effect for duration of Contract work.

e. NFPA-NFC: National Fire Protection Association – National Fire Codes.

f. NEC: National Electrical Code, NFPA – NFC Standard 70

g. PROVIDE: Whenever used throughout the Scope of Work, term “Provide” is to be understood to mean – Purchase newly manufactured; Furnish delivered to VAMC work site in protective containers; Secure from tampering or theft; and install in accordance with Contract Scope of Work, Drawings, Specifications and Manufacturer’s Instructions all required items of administrative submittals, labor, demolition, construction, equipment items, and installation works for entirety of Contract.

h. Coordinate all administrative requirements exclusively with or through assigned COR of VAMC Facilities and Engineering Service; and neither discuss contract work with, nor take any directives concerning contract work from any other person other than COR unless specifically permitted and authorized to do so.

2. SAFETY PRECAUTIONS:

a. The Contractor shall comply with all applicable Federal, State and Local legal requirements regarding workers health and safety. The requirements include, but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulation, such as applicable provision of Title 29, Code of Federal Regulations (CFR) Parts 1910 and 1926. Contractor is solely responsible for determining the legal requirements that apply to activities and shall ensure safe and healthful working conditions for its employees.

b. Contractor shall assume the responsibility to guard against causing fires and/or explosion and to protect Government Property, reference NFPA 241 and 29 CFR 1926.

c. The Contractor shall perform the work in a manner consistent with the area security and fire safety regulations especially about exits and exit way access. Utility shutdowns shall not compromise security, communication, or fire safety for occupants.

d. No flammable liquids shall be stored or used in the Medical Center.

e. The necessary number and appropriate types of portable fire extinguishers are required per National Fire Protection Association (NFPA) 10 and NFPA 41.

f. The Contractor shall receive from the COR a permit for all cutting, welding and soldering.

g. All necessary precautions shall be taken by the contractor to prevent activation of any existing smoke detectors or sprinkler heads.

3. HAZARDOUS MATERIAL REPORTING:

a. The Contractor shall maintain hazardous inventories and material safety data sheets (MSDS) for all hazardous materials (as defined in CFR 1910.120, 40 CFR’s 355, 370, & 372) to be stored and used at this Medical Center. Hazardous materials must be inventoried when received and when the project is completed.

b. Hazardous Materials Inventories, Material Safety Data Sheets and Material Quantities used shall be submitted to the Contracting Officer for approval.

c. In the event of a spill, Contractor shall immediately notify the Contracting Officer’s Representative as well as the Contracting Officer. The Contractor shall be solely responsible for the expense of any cleanup of such spill, and the cleanup shall be in accordance with the applicable provision of 40 CFR Part 761.

4. ENVIRONMENTAL PROTECTION:

To provide for abatement and control of all environmentally hazardous materials arising from repair or replacement activities, the Contractor shall comply with all applicable environmentally hazardous material control and abatement and all applicable provisions of the Corps of Engineers’ Manual EM 385-1-1, “General Safety Requirements” as well as the specific requirements stated elsewhere in the Contract Documents.

All hazardous and universal waste resulting from contractor repair or replacement shall be removed and properly disposed in accordance with 40 CFR 261 through 265, 40 CFR 273 and 40 CFR 279 by the contractor at no additional cost to the VA. This will include the disposal of batteries, cleaning materials any hazardous material. Copies of disposal manifests must be provided to the COR.

5. ADDITIONAL INFORMATION:

Parking for contractors will not be permitted on the VAMC/DC facility. Violators will be towed at Contractor’s expense.Contractor will be responsible for the removal of all waste materials including but not limited to batteries.

SECTION C - CONTRACT CLAUSES

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

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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. 4701 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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

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

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

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

(End of Clause)

C.4 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/

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/;

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15

U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C.