36C24719R0090-001.docx

DOCX document 107 KB Posted Apr 19, 2019

Attached to: 619-19-3-5243-0166 Medical Gas (VA-19-00048040)
Solicitation number: 36C24719R0090
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 7

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36C24719R0090

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

521-19-3-5243-0168 36C24719R0090

QUINCY ALEXANDER

334.725.2819 04-24-2019

4PM EST

Department of Veterans Affairs Central Alabama Veterans Health Care 215 Perry Hill Road Montgomery

36109-3798 X X 811219 $20.5 Million X N/A X

VA MEDICAL CENTER

2400 HOSPITAL RD

TUSKEGEE, AL 36083

Department of Veterans Affairs Central Alabama Health Care System East Campus 2400 Hospital Road Tuskegee

36083-5001

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

78714-9971 See CONTINUATION Page

BASE YEAR- 1 MAY 2019- 30 APRIL 2020

OPTION YEAR 1- 1 MAY 2020- 30 APRIL 2021

OPTION YEAR 2- 1 MAY 2021- 30 APRIL 2022

OPTION YEAR 3- 1 MY 2022- 30 APRIL 2023

OPTION YEAR 4- 1 MAY 2023- 30 APRIL 2024

See CONTINUATION Page X X

QUINCY ALEXANDER

CONTRACT OFFICER

Table of Contents

SECTION A	1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS	1
SECTION B - CONTINUATION OF SF 1449 BLOCKS	3
B.1 CONTRACT ADMINISTRATION DATA	3
B.2 PRICE/COST SCHEDULE	6
ITEM INFORMATION	6
B.3 DELIVERY SCHEDULE	12
SECTION C - CONTRACT CLAUSES	13
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)	13
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)	18
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)	18
C.4 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)	28
C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)	29
C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)	29
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)	30
C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)	31
C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)	31
C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)	32
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS	40
SECTION E - SOLICITATION PROVISIONS	41
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)	41
E.2 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)	45
E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)	45
E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)	46
E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)	46

SECTION B - CONTINUATION OF SF 1449 BLOCKS

INTENTIONALLY LEFT BLANK

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 36C247 QUINCY ALEXANDER

Central Alabama Veterans Health Care

215 Perry Hill Road Montgomery AL 36109-3798

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

[X]

52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[]

52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly	[]
b. Semi-Annually	[]
c. Other	[X] AFTER SERVICES ARE RENDERED

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO

DATE

STATEMENT OF WORK

Testing Medical Gas Delivery System 619-19-3-5243-0166

OBJECTIVE:

The objective of this agreement is to establish a contract inclusive of all labor, materials, equipment, transportation and supervision necessary to provide testing & preventative maintenance on the “Medical Gas Delivery System” at the Central Alabama Veterans Health Care Systems (CAVHCS).

SITE VISIT:

Bidders are encouraged to visit the site to confirm locations, dimensions, and conditions relative to testing the Medical Gas Delivery System. All bidders shall report to the Engineering Services building each location. The site visit shall be for the purpose of observing first hand any conditions relevant to the fulfillment of this contract. No consideration will be given to claims based on a lack of knowledge of the existing conditions, except where contract documents make definite provisions for adjustment in cost or extension due to existing conditions not readily foreseeable. The site addresses are:

2400 Hospital Road			215 Perry Hill Road
Tuskegee, Alabama 36083		Montgomery, Alabama 36109
Engineering Services – Building # 68	Engineering Services – Building # 7

Dermont Carter 334-272-4670 x 3896 Christopher Brown334-450-3049

HOURS OF WORK:

The hours of work shall take place during the normal business hours of 8:00 AM and 4:30 PM, Monday through Friday, Federal Holidays excluded. Request for weekend work must be submitted in writing. “Inspections” will require a prior five day notification submitted to the Contract Officers Representative (COR) or government representative.

CONTRACTOR RESPONSIBILTY:

Contractor shall contact the COR, prior to starting work and shall be responsible for the removal and the proper disposal of all construction debris on a daily basis if applicable.

Provide a complete manual certification on every medical gas outlet, listing room number, flow- if below standards, and number of outlets per room, cross connection test, coarse and fine filters.

All alarm signals will be verified, and all manifolds tested for code compliance. All alarms will be tested.

Area alarm panels will be removed from the wall, tested for set points, silence circuits tested, check for any leaks in hoses, clean rough in box, and an inspection report will be made.

Multi-signal alarms will be checked for proper operation and all switches will be tested for correct set points and lead tested.

All reserve signals on manifolds tested for code compliance. Manifolds will be tested for automatic switch over, leaks, and regulators will be tested for correct set points.

Medical Vacuum pumps will be tested for proper operation, including all electrical components, motor operations, and code compliance.

Medical Air compressors will be tested for proper operation, including all electrical components tested, motor operations, pump performance, dryers tested and cleaned as needed, regulators tested.

CONTRACTOR QUALIFICATIONS:

· Hold a General Contractors license in the state of Alabama

· The service company shall be familiar with testing medical gas and delivery systems.

· The service company shall have a dedicated service manager.

· Service technicians shall be certified to test and repair medical gas and delivery systems.

· Testing Medical Gas Delivery System requires certification and technicians’ must show proof of certification prior to work.

· Contractor shall be registered with and have a Dunn & Bradstreet number.

· Contractor shall be registered with and have a CCR number.

DOWNTIME:

All downtime shall be scheduled 48 hours in advance to minimize impact on Hospital thru COR Christopher Brown 334-727-0550 x4898

NOTES:

(1) All modifications shall be reviewed and approved prior to execution.

(2) Contractor shall specify cost of modifications IAW GSA pricing schedule.

Testing should be during normal hours 8am 4:30pm

WARRANTY:

Contractor shall provide warranty on the integrity of parts and equipment installed supporting the Medical Gas Delivery System CAVHCS. The warranty period shall be for one (1) year after completion of work.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER

DESCRIPTION OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

4.00

QTR

__________________

Provide preventive maintenance service on Medical Air and Vacuum Pumps located at the Central Alabama Veterans Health Care System (CAVHCS), 215 Perry Hill Road Montgomery, Alabama 36109 and 2400 Hospital Road, Tuskegee Alabama 36083, during the period May 1, 2019 through April 30, 2020. Vendor will provide preventative maintenance service in May 2019, August 2019, November 2019, and February 2020 at both locations. Vendor will contact COR, Christopher Brown, for the Montgomery Campus at 334-272-4670, ext 4898 and Dermont Carter at the Tuskegee Campus at 334-727-0550, ext 3891, to schedule the date preventive maintenance is to be performed. Vendor will submit a written report covering condition of equipment and any recommendations based on analysis of the following inspection data: (1) POWER CONSUMPTION WILL BE MEASURED WITH AN AMPROBE TO DETERMINE WHETHER THE PUMPS ARE OPERATING WITHIN FACTORY SPECIFICATIONS. (2) BEARING AND CASING TEMPERATURES WILL BE MONITORED AND COMPARED AGAINST DESIGN SPECIFICATIONS. (3) RUN AND OFF TIMES WILL BE RECORDED. (4) ALL STRAINERS WILL BE CLEANED. (5) ALL SIGHT GLASSES WILL BE CHECKED AND CLEANED AS NEEDED. (6) ALL INLET AND DISCHARGE CHECK VALVES WILL BE INSPECTED AND/OR CHECKED FOR PROPER OPERATION. (7) ALL PRESSURE/VACUUM RELIEF VALVES WILL BE INSPECTED. b(9) PACKING WILL BE INSPECTED/ADJUSTED/REPLACED/ ON ALL APPLICABLE PUMPS. (10) ALL ELECTRICAL DEVICES SUCH AS SOLENOID VALVES, FLOW SWITCHES, UPLOADERS, TEMPERATURE SWITCHES, PRESSURE/VACUUM SWITCHES, AND ALARMS WILL BE CHECKED FOR PROPER OPERATION. (11) THE CONTROL PANEL WILL BE INSPECTED WHICH INCLUDES COMPONENTS SUCH AS MOTOR STARTERS/DISCONNECTS, HEATERS/OVERLOADS, CONTROL TRANSFORMERS, CONTROL RELAYS, TIMERS, ALTERNATORS, FUSES, WIRING CONDITION,HAND/OFF/AUTO SWITCHES, ALARM FUNCTIONS,HOUR METERS, AND PANEL LAMPS. (12) ALL ACCESSORIES AS PROVIDED BY THE FACTORY OR REPRESENTATIVE, SUCH AS DRYERS, PRESSURE REGULATORS, HEAT EXCHANGERS, FILTERS AND MONITORS WILL BE CHECKED FOR PROPER OPERATION. (13) ALL FLOW CONTROL DEVICES WILL BE CHECKED FOR PROPER OPERATION. (14) ALL SEPARATORS/WATER TRAP SILENCERS WILL BE INSPECTED FOR PROPER OPERATION. (15) ALL PUMP BEARINGS WILL BE INSPECTED AND GREASED. Should problems be detected, vendor will make the necessary repairs if they can be accomplished during the allotted time without additional labor charges. Parts and any additional repairs or service must be approved by the C.O.T.R. before repair/service is accomplished by the vendor. Vendor will check all of the alarm panels of the medical gas alarms at both facilities on a quarterly basis for functionality and once per year will calibrate at all alarm panels.

Contract Period: Base POP Begin: 05-01-2019 POP End: 04-30-2020

4.00

QTR

__________________

Contract Period: Option 1 POP Begin: 05-01-2020 POP End: 04-30-2021

4.00

QTR

__________________

Contract Period: Option 2 POP Begin: 05-01-2021 POP End: 04-30-2022

4.00

QTR

__________________

Contract Period: Option 3 POP Begin: 05-01-2022 POP End: 04-30-2023

4.00

QTR

__________________

Contract Period: Option 4 POP Begin: 05-01-2023 POP End: 04-30-2024

GRAND TOTAL

__________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER

QUANTITY

DELIVERY DATE

4.00

36C24719R0090

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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.

(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 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.

(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;

(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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

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

(End of Clause)

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

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

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

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

(End of Clause) Descriptions for the occupations for this requirement and determining the appropriate wage determinations are the responsibility of the contractor, and offeror(s) is/are encouraged to coordinate with Department of Labor to determine the appropriate job classifications for this requirement. The Agency assumes no responsibility or liability for a contractor’s determination of the appropriate classification.

WD 15-4635 (Rev.-9) was first posted on www.wdol.gov on 01/01/2019

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-4635 Daniel W. Simms Division of | Revision No.: 9 Director Wage Determinations| Date Of Revision: 12/26/2018 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Alabama

Area: Alabama Counties of Bullock, Butler, Crenshaw, Macon, Pike **Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 13.18 01012 - Accounting Clerk II 15.38 01013 - Accounting Clerk III 16.87 01020 - Administrative Assistant 26.25 01035 - Court Reporter 19.67 01041 - Customer Service Representative I 10.97 01042 - Customer Service Representative II 12.33 01043 - Customer Service Representative III 13.46 01051 - Data Entry Operator I 12.14 01052 - Data Entry Operator II 13.25 01060 - Dispatcher, Motor Vehicle 19.84 01070 - Document Preparation Clerk 13.07 01090 - Duplicating Machine Operator 13.07 01111 - General Clerk I 10.47 01112 - General Clerk II 11.52 01113 - General Clerk III 12.82 01120 - Housing Referral Assistant 18.30 01141 - Messenger Courier 10.65 01191 - Order Clerk I 12.61 01192 - Order Clerk II 13.75 01261 - Personnel Assistant (Employment) I 16.90 01262 - Personnel Assistant (Employment) II 20.67 01263 - Personnel Assistant (Employment) III 24.58 01270 - Production Control Clerk 24.41 01290 - Rental Clerk 11.08 01300 - Scheduler, Maintenance 14.67 01311 - Secretary I 14.67 01312 - Secretary II 16.41 01313 - Secretary III 18.30 01320 - Service Order Dispatcher 18.04 01410 - Supply Technician 26.25 01420 - Survey Worker 15.86 01460 - Switchboard Operator/Receptionist 11.09 01531 - Travel Clerk I 11.62 01532 - Travel Clerk II 12.40 01533 - Travel Clerk III 13.07 01611 - Word Processor I 13.07 01612 - Word Processor II 14.67 01613 - Word Processor III 16.41 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 18.78 05010 - Automotive Electrician 15.84 05040 - Automotive Glass Installer 16.78 05070 - Automotive Worker 14.94 05110 - Mobile Equipment Servicer 13.08 05130 - Motor Equipment Metal Mechanic 16.76 05160 - Motor Equipment Metal Worker 14.94 05190 - Motor Vehicle Mechanic 16.76 05220 - Motor Vehicle Mechanic Helper 12.51 05250 - Motor Vehicle Upholstery Worker 14.05 05280 - Motor Vehicle Wrecker 14.94 05310 - Painter, Automotive 15.84 05340 - Radiator Repair Specialist 14.94 05370 - Tire Repairer 10.52 05400 - Transmission Repair Specialist 16.76 07000 - Food Preparation And Service Occupations 07010 - Baker 12.41 07041 - Cook I 9.18 07042 - Cook II 10.56 07070 - Dishwasher 8.85 07130 - Food Service Worker 9.83 07210 - Meat Cutter 14.04 07260 - Waiter/Waitress 8.66 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 14.94 09040 - Furniture Handler 11.86 09080 - Furniture Refinisher 15.02 09090 - Furniture Refinisher Helper 13.48 09110 - Furniture Repairer, Minor 15.00 09130 - Upholsterer 15.09 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 10.87 11060 - Elevator Operator 10.19 11090 - Gardener 12.54 11122 - Housekeeping Aide 10.19 11150 - Janitor 10.19 11210 - Laborer, Grounds Maintenance 10.13 11240 - Maid or Houseman 8.78 11260 - Pruner 9.41 11270 - Tractor Operator 11.62 11330 - Trail Maintenance Worker 10.13 11360 - Window Cleaner 11.21 12000 - Health Occupations 12010 - Ambulance Driver 14.75 12011 - Breath Alcohol Technician 17.09 12012 - Certified Occupational Therapist Assistant 23.45 12015 - Certified Physical Therapist Assistant 26.37 12020 - Dental Assistant 16.12 12025 - Dental Hygienist 27.88 12030 - EKG Technician 25.89 12035 - Electroneurodiagnostic Technologist 25.89 12040 - Emergency Medical Technician 14.75 12071 - Licensed Practical Nurse I 15.27 12072 - Licensed Practical Nurse II 17.09 12073 - Licensed Practical Nurse III 19.06 12100 - Medical Assistant 11.90 12130 - Medical Laboratory Technician 17.08 12160 - Medical Record Clerk 13.17 12190 - Medical Record Technician 14.73 12195 - Medical Transcriptionist 15.27 12210 - Nuclear Medicine Technologist 37.56 12221 - Nursing Assistant I 10.72 12222 - Nursing Assistant II 12.05 12223 - Nursing Assistant III 13.16 12224 - Nursing Assistant IV 14.77 12235 - Optical Dispenser 17.08 12236 - Optical Technician 15.27 12250 - Pharmacy Technician 13.45 12280 - Phlebotomist 13.33 12305 - Radiologic Technologist 20.54 12311 - Registered Nurse I 23.18 12312 - Registered Nurse II 28.35 12313 - Registered Nurse II, Specialist 28.35 12314 - Registered Nurse III 34.30 12315 - Registered Nurse III, Anesthetist 34.30 12316 - Registered Nurse IV 41.10 12317 - Scheduler (Drug and Alcohol Testing) 21.17 12320 - Substance Abuse Treatment Counselor 21.17 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 18.71 13012 - Exhibits Specialist II 23.17 13013 - Exhibits Specialist III 28.34 13041 - Illustrator I 18.71 13042 - Illustrator II 23.17 13043 - Illustrator III 28.34 13047 - Librarian 25.66 13050 - Library Aide/Clerk 9.34 13054 - Library Information Technology Systems 23.17 Administrator 13058 - Library Technician 17.11 13061 - Media Specialist I 16.59 13062 - Media Specialist II 18.55 13063 - Media Specialist III 20.70 13071 - Photographer I 16.50 13072 - Photographer II 18.46 13073 - Photographer III 22.87 13074 - Photographer IV 27.97 13075 - Photographer V 33.85 13090 - Technical Order Library Clerk 15.49 13110 - Video Teleconference Technician 16.50 14000 - Information Technology Occupations 14041 - Computer Operator I 15.17 14042 - Computer Operator II 16.97 14043 - Computer Operator III 18.92 14044 - Computer Operator IV 21.02 14045 - Computer Operator V 23.28 14071 - Computer Programmer I (see 1) 21.65 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 15.17 14160 - Personal Computer Support Technician 21.80 14170 - System Support Specialist 23.28 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 29.16 15020 - Aircrew Training Devices Instructor (Rated) 35.27 15030 - Air Crew Training Devices Instructor (Pilot) 42.28 15050 - Computer Based Training Specialist / Instructor 29.16 15060 - Educational Technologist 34.47 15070 - Flight Instructor (Pilot) 42.28 15080 - Graphic Artist 25.07 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 39.28 15086 - Maintenance Test Pilot, Rotary Wing 39.28 15088 - Non-Maintenance Test/Co-Pilot 39.28 15090 - Technical Instructor 24.79 15095 - Technical Instructor/Course Developer 30.84 15110 - Test Proctor 20.03 15120 - Tutor 20.03 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 8.98 16030 - Counter Attendant 8.98 16040 - Dry Cleaner 10.89 16070 - Finisher, Flatwork, Machine 8.98 16090 - Presser, Hand 8.98 16110 - Presser, Machine, Drycleaning 8.98 16130 - Presser, Machine, Shirts 8.98 16160 - Presser, Machine, Wearing Apparel, Laundry 8.98 16190 - Sewing Machine Operator 11.52 16220 - Tailor 12.18 16250 - Washer, Machine 9.62 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 19.54 19040 - Tool And Die Maker 23.96 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 13.53 21030 - Material Coordinator 23.24 21040 - Material Expediter 23.24 21050 - Material Handling Laborer 11.22 21071 - Order Filler 11.98 21080 - Production Line Worker (Food Processing) 13.53 21110 - Shipping Packer 13.62 21130 - Shipping/Receiving Clerk 13.62 21140 - Store Worker I 12.34 21150 - Stock Clerk 15.87 21210 - Tools And Parts Attendant 13.53 21410 - Warehouse Specialist 13.53 23000 - Mechanics And Maintenance And Repair Occupations 23010 -…

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