36C24624Q0313.docx

36C24624Q0313

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

a.

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. SIGNAT

URE 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

36C24624Q0313 01-10-2024 Chellry Whittier 757-722-9961 Ext. 17125 01-24-2024 11:00

EST

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667-0001 X X 325120 1,000 Employees

NET 30

N/A X Department of Veterans Affairs Fayetteville VA Medical Center 2300 Ramsey Street Fayetteville NC 28301-3856 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page

THIS IS A

SOLICITATION FOR MEDICAL GRADE BULK BULK OXYGEN

THE FAYETTEVILLE VAMC IS FOR A BASE FOUR (4) OPTION YEARS

BASE YEAR: 02/01/2024 - 01/31/2025

OPTION YEAR 1: 02/01/2025 - 01/31/2026

OPTION YEAR 2: 02/01/2026 - 01/31/2027

OPTION YEAR 3:

02/01/2027 - 01/31/2028

OPTION YEAR 4: 02/01/208 - 01/31/2029

RESPONSES ARE DUE NLT 11:00 AM EST ON

01/24/2024 POC: CHELLRY WHITTIER (chellry.whittier@va.gov) See CONTINUATION Page X X X Chellry Whittier

CONTRACTING OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 STATEMENT OF WORK

Bulk Oxygen General Requirements:

Fayetteville VA Medical Center (VAMC) has a requirement for the distribution and supply of medical-grade liquid bulk oxygen. The contractor shall provide a Contractor-owned or leased tank and backup tanks as required:

Main tank – 1,500 Gallons Reserve Tank – 500 Gallons Fayetteville Delivery of oxygen Emergency delivery of oxygen Average Daily Usage – 33 Gallons Average Daily Usage – 3,795 Standard Cubic Foot (scf) Current Tank Set Points

· Refill Point

· Main – 60 inches

· Reserve – 60 inches

· Low-Level Alarm

· Main – 40 inches

· Reserve – 30 inches

Place of Performance:

Period of Performance:

Specific Requirements:

Quantities shown in the solicitation Schedule are estimates of the facility’s annual requirement. There is no express or implied guarantee that these quantities will be purchased. Note that contracts that include the installation of Contractor-owned equipment will include a 90-day transition period at the beginning and end of the contract period.

A Contracting Officer Representative (COR) will be designated for the ordering facility upon award of the contract. The COR is responsible for his/her Medical Center administration issues such as ordering and providing specific delivery instructions. Within 15 days after notification of contract award, the Contractor will meet with the COR to ensure mutual understanding of facility requirements relating to the ordering method and specific details of any delivery instructions that are included in the solicitation schedule.

Prior to first filling, the Contractor shall perform in-service training to include the following facets for the Contractor-owned systems: the refill procedure, any preventive maintenance support requirements that may be needed from the medical center systems, and an explanation of all the volume alarm and low-pressure set-points. The contractor shall provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. The contractor will provide 24/7 emergency contact name(s) and telephone number(s).

Prior to the first filling, and annually thereafter, alarm set-point testing and written verification shall be presented by a qualified third-party expert per NFPA 99 (National Fire Protection Association), latest edition, for contractor-owned-leased systems. Any code deficiencies in the Medical Center’s existing system, as defined by NFPA 50, 1.3.3, “Bulk Oxygen System”, shall be identified by the Contractor. A detailed explanation of these deficiencies shall be presented in writing to the COR. Receipt of this written explanation shall be received and signed for by the COR.

Prior to first filling the Contractor will verify, in writing, the accuracy of all gauges on Contractor-owned or leased tanks.

The contractor shall provide a digital indicator at the bulk site showing the levels and pressure of the bulk tanks. The indicator shall be solar-powered as there is no electrical power available at the bulk site.

Government-Furnished Property:

No Government-Furnished Property is involved in this Requirement.

Contractor-Furnished Equipment:

The contractor shall provide, install, and maintain bulk oxygen tank(s) with appropriate reserve tanks. The tanks presently in use at the Medical Center are the property of Messer. The bulk system automatically switches between the main and reserve tanks as necessary to maintain optimal levels while allowing for the expansion of gas. The contract will specify if the system being offered has a main and reserve tank, as well as an automatic switching capacity equal to the existing system. Through the duration of the contract, the Contractor shall be liable for the integrity, suitability, and safety of the tanks that shall ensure compliance with applicable regulations, standards, and normal good practices. The tank capacity and reserve tank shown in the schedule are the minimum capacities required. Manifold, liquid converter, alarm switch, regulator, valves, level indicator, and any other devices or connections required for proper tie-ins with the facility’s gas system shall be furnished by the Contractor, without cost to the Government. The contractor shall provide a digital indicator at the bulk site showing the levels and pressure of the bulk tanks and it shall be solar-powered as there is no electrical power available at the bulk site. The telemetry monitoring will also be required to operate on solar-generated power. The contractor is required to install this and the Facility COR will monitor the levels from it. The manifold or liquid converter shall deliver gas at a pressure and rate of flow adequate to supply the system. Each liquid oxygen storage container shall have an outlet that allows access for testing the purity of the oxygen.

All equipment and materials required to perform on the contract shall be provided by the Contractor. All equipment shall be installed, inspected, and maintained by the Contractor without additional cost to the Government. (i.e., all installation, inspection, and maintenance costs will be included in the contract’s monthly equipment rental fee for the applicable facility) and shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards, and normal good practices. The contractor will be provided reasonable access to the bulk oxygen systems for this purpose.

Installation of Contractor-Owned or Leased Equipment:

Unless otherwise directed, the Contractor’s equipment shall be installed within ninety (90) days of the effective date of the contract and shall be connected to the medical gas system by that date. If the Contractor’s equipment replaces equipment already in use, the exchange of equipment will be accomplished without interruption of gas supply to the using facility. Contractor-installed equipment shall remain the property of the Contractor and shall be removed upon termination of the contract when directed by the ordering facility and in full cooperation with the succeeding Contractor so as to avoid interruption of gas supply.

To permit the orderly transition from one Contractor to another, the incumbent Contractor should continue to honor the contract’s monthly equipment rental fee and bulk oxygen contract price for a maximum of ninety days beyond the scheduled expiration of the contract period, unless the transition from one Contractor to another is completed prior to the ninety-day transition period. For any partial month, the Contractor shall prorate the monthly equipment rental fee accordingly and continue to maintain its equipment during this transition period.

No guarantee is given or implied that data included in the schedule regarding Contractor-owned equipment currently located at the facilities is complete and accurate as to the factors affecting the cost of furnishing and installing the required Contractor-owned tanks and appurtenances.

All Contractor-owned equipment shall be installed in accordance with NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, the latest edition, NFPA 99 Standard for Health Care Facilities, the latest edition, and U.S. Food & Drug Administration’s (FDA) Current Good Manufacturing Practices (CGMP) Regulations. The Contractor shall comply with all U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) standards and applicable safety requirements, including proper signage and use of personal protective equipment.

Delivery of Medical Liquid Bulk Oxygen:

Bulk oxygen is ordered by a Logistics Representative and delivered to the Fayetteville VAMC. Information regarding delivery requirements is included in the solicitation Schedule.

The contractor shall deliver medical-grade liquid oxygen on an as-required basis for the Fayetteville VAMC and shall provide 24-hour notice prior to delivery, or upon mutual agreement between the facility and the Contractor. Additionally, alternate ordering/delivery methods such as pre-scheduled deliveries, calling for tank level readings, installing a telemetry unit to be read by facility COR, etc. may be arranged. If for any reason the Contractor is unable to deliver at the agreed-upon day or time, the Contractor shall provide 24-hour notice to the COR, so that the facility can initiate an alternate backup action. In accordance with the latest VHA Patient Safety Alert, all deliveries will be monitored by a qualified and trained technical representative who will be designated by each facility. The contractor will be provided with the names and contact information of primary and backup facility representatives. This applies to all deliveries regardless of time or day of execution.

Tanks shall be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR.

At the time of each delivery, the Contractor shall provide a legible signed, and dated written document that identifies the tank level prior to fill, the level after fill, and the quantity delivered; this document will be counter-signed by the facility representative supervising the delivery.

Emergency delivery and/or repairs shall be provided by the contractor or subcontractor must be able to respond in 2 hours and delivered within 24 hours. The contractor shall respond to the facility by either telephone or email within one hour to confirm receipt of the emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated main bulk tank low-level alarm, imminent alarm condition, or system leak. Failure of the Contractor to remain current with the agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee.

Quality Assurance Specifications and Requirements:

All medical gas manufacturers and fillers of medical gases shall be registered with the FDA as drug manufacturers. All oxygen shall be manufactured, processed, packed, transported, and stored according to FDA’s Current Good Manufacturing Practices (CGMP) regulations, and all labeling shall comply with FDA’s labeling regulations (21 CFR Part 201).

All liquid bulk oxygen delivered under the contract shall be medical-grade, meeting or exceeding the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (U.S.P.).

A valid certificate of analysis shall be provided with each delivery of liquid oxygen. The certificate shall include, at a minimum:

1. Supplier’s name and complete address;

2. Name of the Product (i.e. Oxygen U.S.P.);

3. An Air Liquefaction Statement where appropriate;

4. Lot number or other unique identification number;

5. Actual analytical results for full U.S.P. monograph testing. A statement that only states that the product meets the minimum purity of 99.5%, etc. is not acceptable;

6. Test method used to perform the analysis. A statement such as “Meets U.S.P. specifications” is not acceptable, nor would “Tested via Servomex” be acceptable since the specific model number is not provided;

7. Signature of authorized supplier representative and date.

Material Safety Data Sheets shall be provided to the facility COR upon request.

A copy of all inspection reports shall be provided to the facility COR upon the completion of any Contractor-owned or leased, or government-owned bulk oxygen system inspections that are required by regulation.

All Contractor-owned or leased equipment shall be maintained or repaired in accordance with NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, latest edition, and FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

Applicable Regulations & Standards:

The following is a list of some of the regulations and standards that are applicable to this contract. The list is not comprehensive, and the Contractor shall be responsible for ensuring that all products, equipment, and services provided under the contract are compliant with applicable Federal, state, and local regulations. If applicable, the editions in effect as of the date of this solicitation are listed. The contractor is responsible for remaining compliant with any future revisions that are effective at the time of contract performance.

· Title 21, Code of Federal Regulations, Parts 210 & 211 - CGMP regulations for supplying medical grade oxygen.

· 29 CFR 1910.104 - Applies to the installation of bulk oxygen systems on industrial and institutional consumer premises 49 CFR – Transportation

· Federal Food, Drug, and Cosmetic Act

· NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 Edition NFPA 99: Standard for Health Care Facilities, 2002 Edition

· United States Pharmacopeia (U.S.P.) 23

(End of SOW)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

BULK OXYGEN 1500 GALLON AND 5OO GALLON RESERVE TANK RENTAL, WITH TELEMETRY FOR REMOTE MONITORING. BASE +4 OPTION YEARS Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

MANUFACTURER PART NUMBER (MPN): RNT TANKMED-OX

LOCAL STOCK NUMBER: RNT TANKMED-OX

BULK LIQUID OXYGEN REFILL

POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

MANUFACTURER PART NUMBER (MPN): OX USPBLK

LOCAL STOCK NUMBER: OX USPBLK

EMERGENCY DELIVERY FEE

POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

MANUFACTURER PART NUMBER (MPN): NONE

LOCAL STOCK NUMBER: NONE

BULK OXYGEN 1500 GALLON AND 5OO GALLON RESERVE TANK RENTAL, WITH TELEMETRY FOR REMOTE MONITORING. BASE +4 OPTION YEARS Contract Period: Option 1 POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

BULK LIQUID OXYGEN REFILL

POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

EMERGENCY DELIVERY FEE

POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

BULK OXYGEN 1500 GALLON AND 5OO GALLON RESERVE TANK RENTAL, WITH TELEMETRY FOR REMOTE MONITORING. BASE +4 OPTION YEARS Contract Period: Option 2 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

BULK LIQUID OXYGEN REFILL

POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

EMERGENCY DELIVERY FEE

POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

BULK OXYGEN 1500 GALLON AND 5OO GALLON RESERVE TANK RENTAL, WITH TELEMETRY FOR REMOTE MONITORING. BASE +4 OPTION YEARS Contract Period: Option 3 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

BULK LIQUID OXYGEN REFILL

POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

EMERGENCY DELIVERY FEE

POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

BULK OXYGEN 1500 GALLON AND 5OO GALLON RESERVE TANK RENTAL, WITH TELEMETRY FOR REMOTE MONITORING. BASE +4 OPTION YEARS Contract Period: Option 4 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

BULK LIQUID OXYGEN REFILL

POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

EMERGENCY DELIVERY FEE

POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

B.3 DELIVERY SCHEDULE

Fayetteville VAMAC 2300 Ramsey Street Fayetteville, NC 28301 3856

USA

910-822-7053 faith.cuyler-williams@va.gov

Fayetteville VAMAC 2300 Ramsey Street Fayetteville, NC 28301 3856

USA

Fayetteville VAMAC 2300 Ramsey Street Fayetteville, NC 28301 3856

USA

Fayetteville VAMAC 2300 Ramsey Street Fayetteville, NC 28301 3856

USA

Fayetteville VAMAC 2300 Ramsey Street Fayetteville, NC 28301 3856

USA

B.4 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH the Department of Veterans Affairs:

B.5 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Primary Point of Contact:

Alternate Point of Contact:

SAM UNIQUE ENTITY IDENTITY NUMBER:

Cognizant Office (Include complete address):

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667-0001

B.6 PRICING DATA

1. The prices included on the BPA list (or applicable "discounted" rates submitted in a proposal response to an RFQ resulting in award) that are in effect on the effective date of an order shall govern that order's basic performance period. With regard to any option years, which are later exercised, the proposed option year rates as incorporated into the order award are in effect until such time, if applicable, that the contractor has been authorized a rate increase culminating from a negotiation with the Contracting Officer.

2. The BPA holder can voluntarily reduce offered prices at any time by giving 24-hour advance notice (by facsimile or electronic-mail) to the Department of Veterans Affairs/Contracting Officer. This BPA also allows for additional discounts if a "large order" is placed at one time. An advanced notice is not required for discounts offered for only an individual order. Whether an order is large enough to warrant such a discount is subject to the discretion of the BPA holder.

3. The BPA holder may also increase BPA prices at any time. Any BPA price increase shall not take effect until the Department of Veterans Affairs Contracting Officer receives written notification (U.S. mail, facsimile, or electronic-mail). Any order already issued shall not be affected by any change to BPA pricing. The prices offered under this BPA will undergo annual review by the Department of Veterans Affairs Contracting Officer.

B.7 OPTION TO EXTEND THE TERM OF THE BPA

a. The Government may extend the term of this BPA by written notice to the Contractor at any time prior to the expiration of the BPA, provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the BPA expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option, the extended BPA shall be considered to include this option provision.

A. WORK HOURS

The Contractor shall furnish the services covered by this contract as defined herein. The Contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off-duty hours as described below.

The following terms have the following meanings:

Normal working hours: Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding federal holidays.

New Year’s Day Martin Luther King’s Day Memorial Day President’s Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas Juneteenth

Any other day specifically declared by the President of the United States to be a federal holiday.

When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

B. BILLING AND PAYMENT

Invoices shall be submitted monthly, in arrears, to the VA’S Electronic Invoice Presentment and Payment System (see website at http://www.tungsten-network.com/customer-campaigns/veterans-affairs/) and shall include at a minimum:

Date of invoice Contract Number Purchase Order Number Vendor Name Invoice Number CLIN & Date of service

C. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented the use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted to record your contract performance as required by FAR 42.15.

b) The past performance evaluation process is a paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for the Government to evaluate past performance as part of a source selection action.

c) Please furnish the Contracting Officer with the name, position title, phone number, and email address of each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives, may be found at this site.

e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation. The report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives blocks 1-17 should be reviewed for accuracy, as these include key fields that the Government will use to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No Comment” in Block 22 and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and annotated: “The report was delivered/received by the Contractor on (date). The Contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

f) The following guidelines apply concerning your use of the past performance evaluation:

a. Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If, for some reason, you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

D. CONTRACT ADMINISTRATION

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect the price, quantity, or quality of performance of this contract.

In the event the contractor effects any such change at the direction of any person other than the contracting officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

B.8 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach /per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.9 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

B.10 PERIOD OF PERFORMANCE

This BPA expires on 01-31-2029 or such later ending date as determined by the exercise of any option.

B.11 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

DVA authorizes the following entities to place orders:

Fayetteville VA Medical Center

B.12 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is:

The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

The Secondary Point of Contact (POC) for projects under this Agreement is:

The Primary COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR shall work to ensure that all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

The contractor shall immediately notify the Contracting Officer in writing if the COR has taken an action (or fails to take action) or issues directions (written or oral) that the contractor considers to exceed the above limitations.

The contractor shall provide the Contracting Officer information copies of all correspondence to the COR.

B.13 PRECEDENCE

36C24624Q0313 The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

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SECTION C - CONTRACT CLAUSES

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.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 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.3 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.

(End of Clause)

C.4 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; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 01/31/2029.

(End of Clause)

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 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: see SOW as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: see SOW

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(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 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 certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(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)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database 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. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause.