36C24624Q0526.docx

36C24624Q0526

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

36C24624Q0526 David Hoover 03-13-2024 4:00pm

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 X X 238290 $22 Million N/A X Department of Veterans Affairs Durham, NC, VAMC 508 Fulton St.

Durham

NC

27705 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 firm fixed price requirement for Automatic Door maintenance and repair service at the Durham, NC, VAMC.

See CONTINUATION Page X X Keeshia Newman Contracting Officer Table of Contents

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 36C246

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

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

LABOR FOR NORMAL BUSINESS HOURS

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LOCAL STOCK NUMBER: 0001

LABOR AFTER HRS/EMERGENCY

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LOCAL STOCK NUMBER: 0002

PATRS ALLOTMENT

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LOCAL STOCK NUMBER: 0003

LABOR TO PERFPRM PREVENTATIVE MAINT. QUANT IS BASED ON HOURS

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LOCAL STOCK NUMBER: 004

LABOR FOR NORMAL BUSINESS HOURS

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LABOR AFTER HRS/EMERGENCY

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

PATRS ALLOTMENT

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LABOR TO PERFPRM PREVENTATIVE MAINT. QUANT IS BASED ON HOURS

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LABOR FOR NORMAL BUSINESS HOURS

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LABOR AFTER HRS/EMERGENCY

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

PATRS ALLOTMENT

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LABOR TO PERFPRM PREVENTATIVE MAINT. QUANT IS BASED ON HOURS

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LABOR FOR NORMAL BUSINESS HOURS

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LABOR AFTER HRS/EMERGENCY

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

PATRS ALLOTMENT

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LABOR TO PERFPRM PREVENTATIVE MAINT. QUANT IS BASED ON HOURS

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LABOR FOR NORMAL BUSINESS HOURS

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LABOR AFTER HRS/EMERGENCY

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

PATRS ALLOTMENT

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

LABOR TO PERFPRM PREVENTATIVE MAINT. QUANT IS BASED ON HOURS

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J053 - Maintenance, Repair, and Rebuilding of Equipment - Hardware and Abrasives

Page 1 of Page 1 of INTRODUCTION: The Department of Veterans Affairs currently has the need for a Contractor to repair and perform semi-annual maintenance inspections of all automatic doors listed on the attached drawing at the Durham VA Medical Center, 508 Fulton St, Durham, NC 27705. The V.A. reserves the right to add or subtract doors during this contract term. Notice of such action shall be given to the contractor in writing thirty days in advance.

1.1 STATEMENT OF WORK:

· Contractor shall have a minimum of five (5) years of continuous demonstrable experience prior to this solicitation performing commercial automatic door maintenance and repairs.

· Contractor shall have and operate a full-time, permanent business address with the ability to be reached by email and telephone.

· Contractor to provide repair, installation, and maintenance services by certified technicians for regular hours and on call services seven (7) days a week.

· Contractor to provide 24/7 on-call services by certified technicians. Contractor expected response time is within four (4) hours of an emergency call.

· Contractor is to provide appropriate and sufficient staff, equipment, and vehicles to be utilized in the repair, installation, and maintenance services for automatic entrance doors, interior automatic swing and sliding doors, and electrified panic hardware throughout the duration of the contract.

· Contractor and technicians must hold and maintain American Association of Automatic Door Manufacturers (AAADM) certificate. Contractor shall provide overnight shipping on all parts.

· All work to be coordinated around an operational medical center as to minimize impact to patient care.

The contract also requires performance of supplemental services on an “as needed” and reimbursable basis which may include alteration, improvement and/or overhaul of equipment, which when completed will modify and/or enhance the aesthetics, operation, performance, reliability, safety of the units beyond existing levels.

The automatic door systems included in this contract vary by manufacturer, model, age, size, and performance characteristics and are subject to intense use in operating times and passenger loads which most properties and equipment do not experience. Consequently, the automatic door systems included in this contract require a significantly higher degree of preventative maintenance, service, repair, inspection, and testing than typical commercial installations.

Any item(s) of work, inspections, parts and service listed in this statement of work (SOW) shall not be construed as limiting the contractor to those items but rather as minimum requirements.

DESCRIPTION OF SERVICES

The contractor shall provide all necessary management, supervision, personnel, labor, materials, parts, tools and equipment necessary to successfully perform the requirements contained in this SOW. The contractor shall maintain and repair the automatic door systems described in this SOW in accordance with the OEM and installers recommendations with all current applicable codes and regulations as well as requirements described in this SOW unless otherwise directed in writing by the C.O. If any conflict should arise the following precedents shall prevail:

1. Code/Regulation

2. OEM (Original Equipment Manufacturer)

3. Installer Recommendation

PREVENTIVE MAINTENANCE

A. The contractor shall be responsible for performing semi-annual preventive maintenance and repair services required to maintain all equipment in the operating condition prescribed by the original equipment manufacturer’s recommended guidelines to include all tasks listed in Appendix B.

B. The contractor shall contact the COR to schedule the preventive maintenance inspections. Contractor shall provide a schedule which details the hours it intends to be onsite to accomplish the inspections. The contractor’s proposed schedule for accomplishing the inspections and preventive maintenance services shall be provided to the COR for approval fifteen (15) business days after the contract start date. Any changes to the approved schedule shall be requested in writing and approved by the COR in advance.

Should the contractor have recommended changes or additions to the preventive maintenance schedule, the contractor shall notify the COR in writing within fifteen (15) business days after the award of contract and provide complete information and justification for the changes.

C. The contractor shall be responsible for the replacement of any parts required to maintain the door systems in a fully operation safe condition in accordance with the manufacturer’s standards. The contractor shall immediately proceed to replace any parts or assemblies found to be broken, inoperable or out of the manufactures specified wear limits.

SERVICE CALL BACKS

A. A service call is a report by the COR, or authorized V.A. staff of a door or door operator problem and the contractor’s subsequent receipt of, response to, and correction of the problem.

B. The contractor shall provide a Dispatch Desk with a single point of contact 24 hours a day, 365 days of the year for all 24-hour service call back requests. A non-automated individual shall answer calls placed to the Dispatch Desk. Dispatch Desk personnel shall be responsible to log and forward basic information about calls including party calling, caller’s contact information, accurate technical description of the problem or request, extent of the outage if a portion of the system is down, equipment and location involved, and any other relevant technical portions of the activity log entry for the call.

C. The contractor shall respond to all requests for service 24 hours a day, 365 days of the year for all V.A. owned automatic doors. The contractor may at a minimum initially dispatch one mechanic to respond to the call for service. However, if the contractor determines additional manpower is required to complete the required repairs and return a broken door to service, the contractor shall provide the addition manpower at no additional cost to the V.A. No repair shall be postponed, or any door placed out of service due to lack of contractor manpower.

PERFORMANCE

The contractor service company must be able to provide 1 year of service with an option for Four more years based on contractor’s performance and the satisfaction by the Durham VAMC Engineering Department.

1.2 GENERAL:

a. Because of the high demand for parking at the Durham V.A. Medical Center parking will not be guaranteed for this contract, parking will be on a first come bases, coordinated by COR.

b. The contractor’s employees shall not enter the work site without appropriate identification. They may also be subject to inspection of their personal effects when entering or leaving the project site.

c. Execute work to interfere as little as possible with normal functioning of the hospital including operations of utility services, fire protection systems and any existing equipment, and with work being performed by others. Use of equipment and tools that transmit vibrations and noises through the building structure, are not permitted in buildings that are occupied jointly by patients or medical personnel, and Contractor’s personnel, except as permitted by COR where required by limited working space.

d. No utility service such as water, gas, steam sewers or electricity, or fire protection systems and communications systems may be interrupted without prior approval of COR. Electrical work shall be accomplished with all affected circuits or equipment de energized. When an electrical outage cannot be accomplished, work on any energized circuits or equipment shall not commence without the Medical Center Director’s prior knowledge and written approval. The vendor shall submit a request to interrupt any such services to COR, in writing, (4) weeks in advance of proposed interruption. Request shall state reason, date, exact time of, and approximate duration of such interruption.

e. VA reserves the right to close down or shut down the project site and order the vendor’s employees off the premises in the event of a national or Durham V.A. emergency. The vendor may return to the site only with the written approval of the Contracting Officer.

f. Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

g. Means of Egress: Do not block exiting for occupied buildings, including paths from exits to roads. Minimize disruptions and coordinate with COR.

h. Buildings will be occupied during performance of work. Contractor shall take all measures and provide all material necessary for protecting existing equipment and property in affected areas against dust and debris, so that equipment and affected areas to be used in the Durham VAHCS operations will not be hindered. Coordinate alteration work in areas occupied by Department of Veterans Affairs so that Durham VAHCS operations will continue during the installation period.

i. The contractor shall maintain neat and orderly work areas and shall clean area of debris and rubbish daily and dispose of waste materials offsite per hospital policies. The contractor shall provide a dumpster if it is determined to be necessary and shall work with the COR in advance for a spot-on site to establish the dumpster.

j. All work shall be performed in full accordance with applicable local and Federal regulations. All materials and installation shall conform to the recommendations of National Fire Protection Association (NFPA), plumbing and mechanical codes. No departures from specification requirements will be permitted without written approval. The Supplier shall use good safety practices while working. All hardware should be installed in such a manner to minimize damage and maximize patient and employee safety.

k. New work shall be installed and connected to existing work safely and professionally. Disturbed or damaged work shall be replaced or repaired to its prior conditions.

l. All items furnished shall be free from defects that would adversely affect the performance, maintainability and appearance of individual components and overall assembly.

m. Where the Government determines that the vendor has installed equipment not conveniently accessible for operation and maintenance, equipment shall be removed, and reinstalled or remedial action performed as directed at no additional cost to the Government.

n. Hot Work: Perform and safeguard hot work operations in accordance with NFPA 241 and NFPA 51B. Obtain daily permits from facility Safety Manager at least 24-hours in advance.

o. Contractor personnel and sub-contractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA personnel regarding information and information system security.

p. The contractor shall be issued temporary construction badges each day work is performed and must be returned at the end of each workday. All contractors shall wear badges so that the badges are easily viewed always while on-site. Contractor shall notify the COR immediately of any lost badges. Contractor and all their employees shall report to the safety office to receive safety training prior to working on site. Contractors will be issued a short-term parking pass. Contractor shall provide a valid driver’s license, license plate number and signed copy of their contract. OSHA 10-hour training is required for all workers on site and the OSHA 30-hour training is required for Trade Competent Persons (CPs) and shall provide documentation to the COR prior to performing any work at the VA facility.

End of Statement of Work

SPECIAL CONTRACT REQUIREMENTS

A. WORK HOURS.

The services covered by this contract shall be furnished by the contractor 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:

2.1. Normal working hours: Monday through Friday, 7:30 a.m. – 4:00 p.m., excluding federal holidays. The 11 holidays observed by the Federal Government are:

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

Work outside these hours must be prescheduled and approved by the COR.

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.

Smoking Policy Per VHA Directive 1085 Dated 3/15/19 All VA Health Care Facilities shall be smoke free. This directive applies to all patients, visitors, contractors, volunteers, and vendors.

B. BILLING AND PAYMENT.

To allow time for review and acceptance of reports and all services, the Contractor shall invoice monthly in arears with proper invoice.

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

(b) The past performance evaluation process is a totally 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 Government use in evaluating 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 for 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 and 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 will be used by the Government 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 will be 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:

(1) 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.

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

(3) 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. QUALITY CONTROL

The Contractor shall develop a Quality Assurance Plan (QAP) which will provide the Contractor’s strategy for monitoring performance internally, providing performance information to the Government, and reporting in compliance with the PWS. Within the QAP, the Contractor shall propose and maintain an established reporting system to promptly notify VA of any problems, issues, risks, or concerns with workflow performance, programmatic improvement, security, and schedule adherence. Quality control is the exclusive responsibility of the Contractor.

The final plan shall be submitted to the CO and COR within 30 days of contract award.

E. QUALITY ASSURANCE SURVEILLANCE PLAN

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award. The QASP is a living document and may be updated by the Government as necessary.

F. BACKGROUND INVESTIGATIONS

A full background check is not required for this position; however, all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility.

Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

G. 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 price, quantity or quality of performance of this contract.

The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

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

POINTS OF CONTACT

Contracting Officer’s Representative (COR)

TBD

DEPARTMENT OF VETERANS AFFAIRS

Durham, NC, VAMC

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 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 52.252-2 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.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 days.

(End of Clause) C.4 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…