36C24721Q0623.docx

36C24721Q0623

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

36C24721Q0623 04-20-2021

DARNITA.MCBRIDE

04-23-2021

12PM

EDT

Department of Veterans Affairs Central Alabama Veterans Health Care 215 Perry Hill Road Montgomery AL 36109-3798 X X 811219 $22 Million N/A X See Delivery Schedule

Department of Veterans Affairs Central Alabama Health Care System East Campus 2400 Hospital Road Tuskegee AL 36083-5001

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page

SERVICE CONTRACT FOR TEST EQUIPMENT CALIBRATIONS (BIOMED)

FOR THE CENTRAL ALABAMA VETERANS HEALTH CARE SYSTEM (EAST

CAMUPUS) TUSKEGEE, AL & (WEST CAMPUS), MONTGOMERY, AL.

ONLY ONE AWARD WILL BE MADE TO THE LOWEST EVALUATED PRICE

WITH THE MOST ADVANTAGEOUS COST TO THE GOVERNMENT.

VENDOR MUST INCLUDE ALL ASSOCIATED FEES: SHIPPING, INSTALL

DELIVERY, AND FINAL COST. THIS IS A BASE & 4 OPTION YEAR

REQUIREMENT AND IS SET-ASIDE FOR SMALL BUSINESSES ONLY.

PLEASE EMAIL ALL QUESTIONS TO CONTRACT SPECIALIST @

DARNITA.MCBRIDE@VA.GOV. THE PERIOD TO ASK QUESTIONS WILL END

ON 04/

/2021@1 2P

M,EST.

THIS RFQ MUST BE COMPLETED; A VENDOR QUOTE WILL NOT SUFFICE.

QUOTES ARE DUE BACK ON 04/

/2021@10AM,EST.

POTENTIAL VENDOR MUST BE VERIFIED IN THE SAM DATABASE PRIOR

TO AWARD.

See CONTINUATION Page X X X

EARNEST.ELLISON

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 36C247 EARNEST ELLISON Department of Veterans Affairs 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:

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.

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:

STATEMENT OF WORK

Base Year & Option Years:

Base Year: 05/01/2021 – 9/30/2021 1st Option Year: 05/01/2022 – 9/30/2022 2nd Option Year: 05/01/2023 – 9/30/2023 3rd Option Year: 05/01/2024 – 9/30/2024 4th Option Year: 05/01/2025 -9/30/2025

EQUIPMENT:

Test equipment testing and certification for the Department of Veterans Affairs Medical Center:

Central Alabama Veterans Health Care System, 215 Perry Hill Road, Montgomery, Alabama 36109, and Central Alabama Veterans Health Care System, 2400 Hospital Road, Tuskegee, Alabama, 36083.

MANUFACTURING

PHANTOM

PHANTOM

SIMULATOR

DEFINITIONS/ACRONYMS:

A. Biomedical Section Staff Engineer (William Piper) or designee, Room 216-007-MO, Building 7, Telephone 334-273-6258, 215 Perry Hill Road, Montgomery, Al. 36109.

B. CO - Contracting Officer.

C. COTR - Contracting Officer Technical Representative.

D. PM - Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions.

E. FSE - Field Service Engineer. This is a person who is authorized by the contractor to perform maintenance, corrective and/or preventive services for the DVAMC or on the DVAMC’ premises.

F. ESR - Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and condition of the contract.

G. Acceptance Signature. VA employee who indicates FSE demonstrated service conclusion/status and user has accepted work as complete/pending as stated in ESR.

H. Authorization Signature. COTR's signature; indicates COTR accept work status as stated in ESR.

I. NFPA - National Fire Protection Association.

J. CDRH - Center for Devices and Radiological Health.

K. OSHA - Occupational Safety and Health Administration.

L. JCAHO - Joint Commission on Accreditation of Healthcare Organizations.

M. FDA - Food and Drug Administration.

N. DVAMC - Department of Veterans Affairs Medical Center.

O. ISO 9001 – International Organization for Standardization standard.

P. Normal Working Hours - Monday through Friday, 8:00 a.m. - 4:30 p.m., excluding weekends and Federal Holidays.

CONFORMANCE STANDARDS:

Contract service shall ensure that the equipment functions in conformance with the latest published edition of NFPA-99, OSHA, CDRH, JCAHO, FDA, ISO 9001, and manufacturer specifications.

HOURS OF WORK/COVERAGE:

A. Normal hours of work/coverage shall be Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding weekends and federal holidays. All testing, certification, and service/repairs will be performed during normal hours of work/coverage unless requested or approved by COTR.

B. Repairs may take place at vendor’s depot.

C. Federal Holidays observed by the DVAMC are: New Year’s Day, Labor Day, Martin Luther King Day, Columbus Day, President's Day, Veterans Day, Memorial Day, Thanksgiving Day, Independence Day, Christmas Day.

CERTIFICATION INSPECTION SERVICES:

The contractor shall provide certification inspection services to include all labor, travel, and testing necessary to certify the listed equipment in according to manufacturer’s specifications. The contractor shall perform annual certification inspections on each device to be performed in the month of May on a day and time mutually agreeable between the contractor, the using service, and Biomedical Section Manager/Contracting Officer’s Technical Representative (COTR). The scheduling of certification inspections will be coordinated between the contractor, the using service, and Biomedical Section Manager. The inspection is to be scheduled at least five (5) days in advance with the Biomedical Section manager/COTR. Certification inspections will be performed in accordance with manufacturer’s instructions and will include, as a minimum, the following:

a. Visual inspection;

b. Calibrations;

c. Operational and Performance checks;

d. Cleaning and lubrication;

e. Electrical checks; (if applicable);

f. Apply certification sticker;

g. Provide detail documentation of testing and certification.

AUTHORIZED SERVICES:

Only certification services specified within the contract are authorized. Before performing any service or repair of a non-contract nature, the Contracting Officer or his/her designee must be advised of the reason for this additional work. If appropriate, the Contracting Officer or his/her designee may authorize the additional services or repairs under a separate purchase authorization. Contractor is cautioned that only the Contracting Officer or his/her designee may authorize additional services or repairs and reimbursement will not be made unless this prior authorization is obtained.

PARTS:

Parts are not included or covered in this contract. If the contractor furnishes any parts, the parts shall be OEM parts to meet up-time requirements (consumables are not covered). The contractor should have ready access to unique and/or high mortality OEM replacement parts. All parts supplied shall be compatible with existing equipment. The contractor shall use new parts. Re-built parts or used parts, those removed from other equipment, shall not be installed without written approval by the COTR.

WARRANY:

The contractor shall provide warranty on the integrity of workmanship, labor, parts, service, testing, and certification on the hoods. The warranty period shall be for 90 days after the certification.

SERVICE MANUALS:

The DVAMC shall not provide services manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSE's all operational and technical documentation, (such as; operational and service manuals, schematics, and parts list), which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name, and/or the manuals themselves shall be provided to the CO or COTR upon request.

DOCUMENTATION/REPORTS:

The documentation will include detailed descriptions of the testing and certification procedures performed to maintain the equipment in accordance with conformance standards. Such documentation shall meet the guidelines as set forth in B.1.3, Conformance Standards. In addition, each ESR shall, at a minimum, document the following data legibly and in complete detail:

A. Name of Contractor.

B. Name of FSE who performed services.

C. Contractor Service ESR Number/Log Number.

D. Date, Time (starting and ending), and Hours-On-Site for service call.

E. Description of Problem Reported by COTR/User.

F. Identification of Equipment to be serviced: INV. ID number, Manufacture's name, Device Name, Model number, Serial number, and any other Manufacturer's identification numbers.

G. Itemized Description of Service Performed, including: Labor and Travel, Parts (with part numbers), Materials and Circuit Location of problem/corrective action.

H. Total Cost to be billed.

I. Signatures:

1. FSE performing services described.

2. VA Employee who witnessed service described may initial said ESR, but only the COTR has the authority to sign the ESR.

J. Equipment downtime.

K. VA Purchase Order Number noted on the ESR.

L. Test equipment used shall be listed on service ticket of each device.

M. Provide separate service ticket for each device.

N. List all the test equipment used on the device on each service ticket to meet ISO 9001 standard.

NOTE: ANY ADDITIONAL CHARGES CLAIMED MUST BE APPROVED BY THE COTR BEFORE REPAIR/SERVICE IS COMPLETED!

SPECIAL CONTRACT REQUIREMENTS:

CONTRACTOR SUBMITTALS: The Contractor will furnish a copy of its preventive maintenance/certification inspection procedures for each model of device which will be used during the preventive maintenance/calibration inspection services of this contract to the Contracting Officer’s Technical Representative (COTR). These preventive maintenance/certification inspection procedures are required by the Government as a condition of the facility’s JCAHO accreditation and must be received before any invoice can be certified for payment.

PAYMENT:

Invoice after completion of testing and receipt of certifications performed in May.

Invoices shall be line itemized.

NOTE: Payment of invoices may be delayed if the appropriate documentation/reports are not properly completed and submitted to the Biomedical Section Manager as required.

REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE:

The Contractor shall immediately, but not later than 24 consecutive hours after discovery notify the CO and COTR, in writing, of the existence or the development of any defects in, or repairs required to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract.

The contractor shall furnish the CO and COTR with a written estimate of the cost to make necessary repairs.

BIDDER’S QUALIFICATIONS:

The Bidder is required to submit sufficient evidence of adequate equipment, facilities, personnel and necessary experience to establish responsibility and integrity to meet the requirements of this contract. To assist in this determination, offeror is required to furnish the following information:

A. Bidders who have not previously provided the same or similar type services at this Medical Center are required to furnish for evaluation purposes, the names, addresses and telephone numbers of three (3) companies for whom exact services have been furnished.

B. Provide certification that contractor has manufacturer updated maintenance software, manuals, and parts.

C. Bidder shall provide the name, location, and telephone number of the office where certification calls are to be placed.

COMPETENCY OF PERSONNEL SERVICING EQUIPMENT:

A. Each respondent shall have an established business, with an office and full time staff. The staff includes a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup.

B. "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized manufacturer training programs within the last two years, for the equipment identified in the equipment schedule, and annual refresher course. For field experience, the FSE(s) has a minimum of two years of experience, with respect to scheduled and unscheduled preventive and remedial maintenance on equipment listed.

C. The FSEs shall be authorized by the contractor to perform the maintenance services. All work shall be performed by "Fully Qualified" competent FSEs. The contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the contractor services at the DVAMC. The CO may authenticate the training requirements, request training certificates or credentials from the contractor at any time for any personnel who are servicing or installing any DVAMC equipment. The CO and/or the COTR specifically reserve the right to reject any of the contractor's personnel and refuse them permission to work on the DVAMC equipment.

D. Subcontractor will not be used under this contract.

TEST EQUIPMENT:

Test equipment shall meet ISO 9001 standards.

Prior to commencement of work on this contract, the contractor shall provide the DVAMC with a copy of the current calibration certification of all test equipment which is to be used by the contractor on DVAMC's equipment. This certification shall also be provided on a periodic basis when requested by the DVAMC. Test equipment calibration shall be traceable to a national standard.

HAZARD COMMUNICATION STATEMENT:

1. As a contractor under contract to the DVAMC, you should be aware of this facility’s hazard communication program. By the provisions of your contract, you may be required to work in certain areas where there are hazardous chemicals in use. Examples include, but are not limited to, areas in Pharmacy Service, Laboratory Service, and Prosthetics Service.

2. It is the responsibility of each Contractor to familiarize with the specific area(s) in which the contract requires to work in. This shall include the Contractor introducing and contacting the department’s supervisor. The Contractor may obtain from the department’s supervisor the nature of the on-going DVAMC work and the type of chemicals used. In addition, the Contractor should also learn the procedures for obtaining, in an emergency involving the Contractor, the material safety data sheets (MSDS) pertaining to hazardous chemicals in the exposure zone.

3. It is also the responsibility of the Contractor to have protective equipment for Contractor’s service technician(s).

IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

The Contractor's FSE shall wear visible identification at all times while on the premises of the DVAMC. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the DVAMC Police Section. The DVAMC will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited inside any buildings at the DVAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

Obtaining a VA IDENTIFICATION Badge (For Any On-Site Repairs):

Within the first month of the service contract, the contractor’s service technician(s) to arrange with the Biomedical Section Manager to obtain identification badge. The process requires contractor’s service technician(s) to bring two (2) valid forms of identification, completion of VA Form 0711, finger prints, photograph, and possible background check. The process of receiving the Identification badge takes 2-4 weeks.

INSURANCE:

A. Worker compensation and employer's liability. Contractors are required to comply with applicable Federal and State Worker Compensation and Occupational Disease Statutes.

B. General Liability. Contractors are required to have Bodily Injury Liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

C. Property Damage Liability. Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.

D. Medical Liability. Contractors are required to have Indemnification and Medical Liability insurance coverage of at least $1,000,000.

PERFORMANCE REQUIREMENTS SUMMARY:

A. SUMMARY TABLE:

(Max of 10%) Deduction Amount on each late testing and certification of the hood on the certification billing.

(Max of 10%) Deduction Amount on each late documentation on the certification billing.

B. Performance Requirements Summary Method of Application:

The Contractor is required to perform all the work specified in the performance work statement. If the contractor fails to perform a specific element of the work, payments for the task in question will be subject to reductions as specified. Any amount deducted for deviation from the required performance will be reflected in an amount commensurate with the task.

DISCONTINUANCE OF SERVICE:

The Government reserves the right to terminate service on a particular hood meeting replacement criteria upon thirty (30) days written notice to the Contractor.

FAILING TO RESPOND:

Failure to perform any of the services set forth in this contract will be considered for invoking provisions of Default.

VA HANDBOOK 6500.6 APPENDIX CLAUSE:

This contract shall not require access to a VA system or VA sensitive information (e.g., system administrator privileged access to a VA system, or contractor systems or processes that utilize VA sensitive information).

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

TEST EQUIPMENT CALIBRATIONS (BIOMED SECTION)

NEW BASE & 4 OPTION YEAR

Contract Period: Base POP Begin: 05-01-2021 - POP End: 09-30-2021

CALIBRATIONS OF TEST EQUIPMENT (BIOMED SECTION SHOP) FOR BOTH CAVHCS MONTGOMERY & TUSKEGEE CAMPUSES. INCLUDES CALIBRATIONS, ADJUSTMENTS, SHIPPING (TO&FROM) OF TEST EQUIPMENT SHIPPED TO VENDOR'S DEPOT THAT ARE ONLY CALIBRATED AT THE VENDORS DEPOT.

Contract Period: Base POP Begin: 05-01-2021 - POP End: 09-30-2021

TEST EQUIPMENT CALIBRATIONS (BIOMED SECTION)

OPTION YEAR#1

Contract Period: Option 1 POP Begin: 05-01-2022 - POP End: 09-30-2022

CALIBRATIONS OF TEST EQUIPMENT (BIOMED SECTION SHOP) FOR BOTH CAVHCS MONTGOMERY & TUSKEGEE CAMPUSES. INCLUDES CALIBRATIONS, ADJUSTMENTS, SHIPPING (TO&FROM) OF TEST EQUIPMENT SHIPPED TO VENDOR'S DEPOT THAT ARE ONLY CALIBRATED AT THE VENDORS DEPOT.

Contract Period: Option 1 POP Begin: 05-01-2022 - POP End: 09-30-2022

TEST EQUIPMENT CALIBRATIONS (BIOMED SECTION)

OPTION YEAR#2

Contract Period: Option 2 POP Begin: 05-01-2023 - POP End: 09-30-2023

CALIBRATIONS OF TEST EQUIPMENT (BIOMED SECTION SHOP) FOR BOTH CAVHCS MONTGOMERY & TUSKEGEE CAMPUSES. INCLUDES CALIBRATIONS, ADJUSTMENTS, SHIPPING (TO&FROM) OF TEST EQUIPMENT SHIPPED TO VENDOR'S DEPOT THAT ARE ONLY CALIBRATED AT THE VENDORS DEPOT.

Contract Period: Option 2 POP Begin: 05-01-2023 - POP End: 09-30-2023

TEST EQUIPMENT CALIBRATIONS (BIOMED SECTION)

OPTION YEAR#3

Contract Period: Option 3 POP Begin: 05-01-2024 - POP End: 09-30-2024

CALIBRATIONS OF TEST EQUIPMENT (BIOMED SECTION SHOP) FOR BOTH CAVHCS MONTGOMERY & TUSKEGEE CAMPUSES. INCLUDES CALIBRATIONS, ADJUSTMENTS, SHIPPING (TO&FROM) OF TEST EQUIPMENT SHIPPED TO VENDOR'S DEPOT THAT ARE ONLY CALIBRATED AT THE VENDORS DEPOT.

Contract Period: Option 3 POP Begin: 05-01-2024 - POP End: 09-30-2024

TEST EQUIPMENT CALIBRATIONS (BIOMED SECTION)

OPTION YEAR#4

Contract Period: Option 4 POP Begin: 05-01-2025 - POP End: 09-30-2025

CALIBRATIONS OF TEST EQUIPMENT (BIOMED SECTION SHOP) FOR BOTH CAVHCS MONTGOMERY & TUSKEGEE CAMPUSES. INCLUDES CALIBRATIONS, ADJUSTMENTS, SHIPPING (TO&FROM) OF TEST EQUIPMENT SHIPPED TO VENDOR'S DEPOT THAT ARE ONLY CALIBRATED AT THE VENDORS DEPOT.

Contract Period: Option 4 POP Begin: 05-01-2025 - POP End: 09-30-2025

B.3 DELIVERY SCHEDULE

Central AL Veterans Health Care System 215 Perry Hill Road Montgomery, AL 36110 1.00

Central AL Veterans Health Care System 215 Perry Hill Road

1.00

Central AL Veterans Health Care System 215 Perry Hill Road

1.00

Central AL Veterans Health Care System 215 Perry Hill Road

1.00

Central AL Veterans Health Care System 215 Perry Hill Road

1.00

Central AL Veterans Health Care System 215 Perry Hill Road

1.00

Central AL Veterans Health Care System 215 Perry Hill Road

1.00

Central AL Veterans Health Care System 215 Perry Hill Road

1.00

Central AL Veterans Health Care System 215 Perry Hill Road

1.00

Central AL Veterans Health Care System 215 Perry Hill Road

1.00

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.

(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 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 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) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the…