36C24523Q0593-Ventilation Testing and Air Balancing-Baltimore VAMC 8-14.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

512-23-1-641-0030

36C24523Q0593 08-14-2023

Trever Turcotte None 09-08-2023 9:00 am EDT

90C Department of Veterans Affairs VISN 5 Contract Satellite office

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

X 100

X

Y

238220

$19 Million

N/A

X

90C

Department of Veterans Affairs Baltimore VAMC

10 N Greene St Baltimore MD 21201

90C

Department of Veterans Affairs VISN 5 Contract Satellite office

510 Butler Avenue, Building 306 A Martinsburg WV 25405

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

Baltimore, Veterans Administration Medical Center (VAMC) Ventilation Testing and Air Balancing of differential pressure and airflows throughout the Baltimore, VAMC.

This RFQ is set-aside for SDVOSB, and is for a single site Fixed price IDIQ with a base ordering period, plus four one-year ordering periods.

Ordering Period: See Price/Cost Schedule and SOW.

Site Visit: August 24th, 2023, at 10 am in the front lobby of the Baltimore VAMC.

Questions due: August 28th at 9:00 am with subject line "36C24523Q0593-Ventilation testing and Air Balancing" to Trever.Turcotte@va.gov

Quotes due: September 8th, 2023, at 9:00 am with subject line "36C24523Q0593-Quotes-Ventiliation Testing and Air Balancing " to Trever.Turcotte@va.gov

See CONTINUATION Page

X X

X 1

Trever Turcotte

VA-VHA-RPOE-2023-0077

36C24523Q0593

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 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..33

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 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 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

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.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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 306 A 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 EA __________________ __________________

Ventilation Testing - Differential Pressure and Air Flow-Per Room-Normal Hours Contract Period: Base POP Begin: 09-15-2023 POP End: 09-14-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing - Plumbing, Heating, and Waste Disposal Equipment Normal hours: 7am-3:30 pm

Air and Pressure readjustment-Per Room-Normal Hours Contract Period: Base POP Begin: 09-15-2023 POP End: 09-14-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Ventilation Testing - Differential Pressure and Air Flow-Per Room-Off Hours Contract Period: Base POP Begin: 09-15-2023 POP End: 09-14-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Off Hours-5:00 pm to 1:30 am

Ventilation Testing - Differential Pressure and Air Flow-Per Room-Normal Hours Contract Period: Base POP Begin: 09-15-2023 POP End: 09-14-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Contract Period: Option 1 POP Begin: 09-15-2024 POP End: 09-14-2025 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Ventilation Testing - Differential Pressure and Air Flow-Per Room-Off Hours Contract Period: Option 1 POP Begin: 09-15-2024 POP End: 09-14-2025 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Ventilation Testing and Balancing- Differential Pressure and Air Flow-Per Room-Off Hours Contract Period: Option 1 POP Begin: 09-15-2024 POP End: 09-14-2025 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Air and Pressure readjustment-Per Room-Off Hours Contract Period: Option 1 POP Begin: 09-15-2024 POP End: 09-14-2025 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Room-Normal Hours Contract Period: Option 2

POP Begin: 09-15-2025 POP End: 09-14-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Contract Period: Option 2 POP Begin: 09-15-2025 POP End: 09-14-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Room-Off Hours Contract Period: Option 2 POP Begin: 09-15-2025 POP End: 09-14-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Contract Period: Option 2 POP Begin: 09-15-2025 POP End: 09-14-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Room-Normal Hours Contract Period: Option 3 POP Begin: 09-15-2026 POP End: 09-14-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Contract Period: Option 3 POP Begin: 09-15-2026 POP End: 09-14-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Room-Off Hours Contract Period: Option 3 POP Begin: 09-15-2026 POP End: 09-14-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Contract Period: Option 3 POP Begin: 09-15-2026 POP End: 09-14-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Room-Normal Hours Contract Period: Option 4 POP Begin: 09-15-2027 POP End: 09-14-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Air and Pressure readjustment-Per Room-Normal Hours Contract Period: Option 4 POP Begin: 09-15-2027 POP End: 09-14-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Room-Off Hours Contract Period: Option 4 POP Begin: 09-15-2027 POP End: 09-14-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

Contract Period: Option 4 POP Begin: 09-15-2027 POP End: 09-14-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: H245 - Equipment and Materials Testing -

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

STATEMENT OF WORK

Ventilation Testing and Air Balancing

Baltimore, VAMC

SCOPE OF WORK:

The Contractor shall provide all personnel, management, material, parts, equipment, supplies, labor, area clean-up and transportation to perform testing and balancing of room air changes, pressure, and airflow at all associated Grilles and Diffusers located at:

Baltimore Veterans Administration Medical Center (VAMC) 10 N Greene St Baltimore, MD 21201

Loch Raven Veterans Admiration Medical Center (VAMC) 3901 Loch Raven Blvd Baltimore, MD 21218

There are at least 97 rooms needing to be tested. This number may be higher or lower depending on if any of the rooms are under construction/maintenance and may not be accessible at the time of testing.

Testing will include the following areas: Operating Rooms (O.R.), Basement SPD area, Basement Research/BSL3 area, and the 3rd Floor ENDO clean/dirty utility areas. The testing and balancing of air changes will be recorded per hour, room pressures and air flow at each associated grilles and/or diffusers. The contract will continue for 12 consecutive months after awarded beginning on the date on the award.

The contractor must employ mechanics and technicians that are trained in the applicable codes, standards, and manufacturer requirements for HVAC air exchanges.

The contractor must have at least 4 years’ experience satisfactorily performing such maintenance on comparable units, equipment, or systems. All work must be competed in a workmanlike manner and according to standard practices

Maintenance:

The contractor shall provide Associate Air Balance Council (AABC) certified technicians, who must have at least four years’ experience, undergo intensive field training experience to thoroughly test and balance the HVAC system and related components, as well as all manufacturers ‘guidelines for preventative maintenance. In addition, technicians must be competent in air, water, sound, and vibration testing standards.

This service includes a comprehensive report which provides the Owner with critical information to help them avoid costly and potentially shutdowns.

Note: NEBB certification or equivalent will be accepted.

Testing and Balancing:

Room Air Changes Air Flow at all Grilles and Diffusers Air pressure

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 POC 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 into, administer, and/or terminate contracts. The CO is the exclusive Government official authorized to execute changes and deviations or variations in the contract.

C. Point of Contact (POC): A Government representative, that can be approached for information or assistance on a specific topic.

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

POC: Point of Contact

FES: Facilities and Engineering Service

PREVENTIVE MAINTENNANCE REQUIREMENTS:

A. The Contractor will contact the POC to schedule a PM at least seven (7) 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.

B. All work will be performed as follow: 3rd Floor Endo Clean/Dirty Utility and Basement SPD area (7:00 a.m.-3:30 p.m.). Operating Room during off-hours (5:00p.m.-1:30 a.m.) This is to avoid disrupting daily medical center business activities

C. Baltimore inspection work must be coordinated through the POC who is:

Alfred Webb Supervisory, HVAC Facilities and Engineering Service

10 N Greene Street Baltimore, Maryland Telephone: (410) 605-7000 extension 56067

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 POV) 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.

C. 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.

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.

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.

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.

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 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.

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.

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.

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.

HAZARDOUS CONDITIONS:

During the course of performing 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 POC.

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.

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.

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.

SMOKING POLICY:

Smoking is prohibited inside all buildings except in designated areas.

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.

PERIOD OF PERFORMANCE:

Base Ordering Period: September 15th, 2023, to September 14th, 2024

Ordering Period 1: September 15th, 2024, to September 14th, 2025

Ordering Period 2: September 15th, 2025, to September 14th, 2026

Ordering Period 3: September 15th, 2026, to September 14th, 2027

Ordering Period 4: September 15th, 2027, to September 14th, 2028

**Important Questions to Offeror (Answer Required) **

1. Do you intend to self-perform this effort?

2. If you are located outside the state of Maryland, how will you self-perform?

3. Or do you intend to subcontract work under this contract?

4. If you intend to subcontract work under this contract, how will you ensure compliance with the limitations on subcontracting?

SECTION C - CONTRACT CLAUSES

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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 15th, 2023 through September 14th, 2028.

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $750,000.00;

(2) Any order for a combination of items in excess of $750,000.00; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

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

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

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

provided, that the Contractor shall not be required to make any deliveries under this contract after September 14th, 2028.

(End of Clause)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond September 15th, 2023. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 15th, 2023, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.7 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.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(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…