36C24724Q0134.docx

36C24724Q0134

GENERAL INFORMATION

VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

POINT OF CONTACT*

Contract Specialist Steven Timmons steven.timmons@va.gov

PLACE OF PERFORMANCE

109 Bee Street

Charleston SC

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06/05-26-2022.

The associated North American Industrial Classification System (NAICS) code for this procurement is 561210 with a small business size standard of $47M.

The Network Contracting Office 7 is seeking Crosstown Courier Service at the Ralph H. Johnson VA Medical Center in Columbia, South Carolina.

All questions regarding this RFQ must be in writing and may be sent by e‐mail to steven.timmons@va .gov. Questions must be received no later than December 7, 2023 at 12:00 PM ET. No further questions will be accepted after that date and time.

You are reminded that representatives from your company SHALL NOT contact any VA Medical Center employees to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer (CO).

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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. SIGNAT

URE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

534-24-1-5088-0014 36C24724Q0134 12-04-2023 Steven Timmons 706-231-6631 12-18-2023 1:00 pm

EST

Ralph H. Johnson VA Medical Center 109 Bee Street Charleston SC 29401 X X 561210 $47 Million N/A X Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Augusta GA 30901 Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

Department of Veterans Affairs

FMS-VA-2 (101)

Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page See SOW & section B.2 for items See CONTINUATION Page X X X Quentin Deloney Page 1 of 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 Ralph H. Johnson VA Medical Center

109 Bee Street Charleston SC 29401

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:

Page 1 of Page 1 of Page 1 of Page 1 of LOCKOUT/TAGOUT(LOTO) Procedures SOW for Ralph H. Johnson VA Medical Center, Charleston, SC

109 Bee Street Charleston, SC 29401

1.0 Scope

A partial equipment list will be provided which details equipment at the Ralph H. Johnson VA Medical Center (RHJVAMC). Each piece of equipment will be reviewed by a qualified contractor employee to identify the associated hazardous energy sources. A site survey may need to be conducted as there is no complete list of equipment to be provided and will need to develop a complete listing of equipment for the RHJVAMC facility. Some energy sources may not have been listed and we ask the contractor to provide a list for full documentation.

Equipment Assessment and Inventory:

Identify all pieces of equipment which are required to be deenergized and locked-out or tagged-out in accordance with the references.

List all pieces of equipment identified on an electronic inventory. The electronic inventory shall include information required by the referenced regulations and the following as appropriate: equipment type, manufacturer, model number, series or modification, installed location (building, floor and room number or description), serial number, energy source type(s) and magnitude(s), and stored energy source type and magnitude.

Assess, identify, and document as necessary the controls, lockout or tag out points, power sources, valves, magnitude of energy, and other elements of each piece of equipment on the inventory in order to write a full LOTO procedure in the approved format.

Lockout-Tagout Procedures:

Write procedures to comply with the references and manufacturer’s guidance (if available) for each individual item.

All procedures shall be written in the same format, font, colors, style and layout using Microsoft Word or Microsoft Excel or other format or method approved by the Contracting Officer or COR.

In addition to the minimum requirements for LOTO procedures, the vendor shall include the following:

A clear picture and/or accurate diagram of the equipment annotating the positions of all the power sources (where the equipment is fed from), switches, valves, buttons, etc. which were referenced in the text of the procedure. Note: it is assumed that “power sources” refers to any process stream with stored energy such as water, steam, air, electricity, etc.

The LOTO measures shall include Notification, Preparation, Normal Shutdown, Source Isolation, Lock/tag, Release of Stored Energy, Verification, and Re-Energizing measures.

If allowed by the referenced regulations, one discreet procedure shall be written for several items on the LOTO inventory.

Link each piece of equipment on the LOTO inventory with the associated LOTO procedure.

All discrete isolation points on equipment, machines or in a system shall be assigned a unique number and identification (name, nomenclature or descriptive term). Individual isolation points used in multiple LOTO procedures shall solely be referred to by their respective unique number/identification.

Mount a durable copy of LOTO procedures in the vicinity of each respective piece of equipment.

Provide one binder containing paper copies of the respective inventories and LOTO procedures to this facility. Provide two electronic copies on two data transfer devices or programs to prevent data loss.

Lockout Devices:

After completion of the survey contractor will recommend an inventory of lockout devices appropriate for the facility.

Provide 10 sets of standardized lockout devices. Each set shall include one representative device for each of the different types of lockout devices required. Each set shall include the necessary types of group lockout devices.

The standard for lockout deceives shall be a predominantly red device with black and/or white trim colors and black, white, and/or red lettering if needed. The colors selected for the trim and lettering should be a combination to provide the best contrast to make any writing easy to read. Devices made from metal may contain exposed metal provided a significant portion of the device is red and the metal is not be subjected to destructive corrosion.

Provide 40 lockout padlocks. Each padlock is to be predominantly red in color, compatible with the provided lockout devices, and be keyed differently. Two keys shall be provided with each padlock.

Provide an additional 50 lockout padlocks. Each group of 10 padlocks is to be keyed with a common key. Provide 12 common keys for each set of 10 Padlocks.

Provide 100 standardized lockout tags. Lockout tags must be resistant to environmental elements which could damage them or render them illegible. The tags should be predominantly red or white and state “Danger” and “Do Not Operate”. The tags should have a section for the authorized person to write their name such that it won’t smudge, fade or wipe off during its use.

All lockout devices, padlocks, and lockout tags shall be readily and commercially available from various vendors for easy reordering.

Tagout:

Tagout procedures shall be prohibited unless there is no reasonable method to attach Lockout devices on specified pieces of equipment. In such cases, those pieces of equipment shall be highlighted and clearly annotated on the inventory.

If Tagout procedures are necessary, then the requirements of 29 CFR 1910.147 shall strictly apply.

2.0 Specific Tasks

Vendor: will provide their own tools, materials, labor, and supervision. Vendor will provide all services required to include, but not limited to:

2.1 001: Survey and Procedures Complete the comprehensive survey of equipment and identify all machinery that require unique (individual) LOTO procedure(s) and all equipment that will share common procedures. Develop all written LOTO procedures.

2.1.c.4 The LOTO measures shall include Notification, Preparation, Normal Shutdown, Source Isolation, Lock/tag, Release of Stored Energy, Verification, and Re-Energizing measures.

2.4b Provide 40 lockout padlocks. Each padlock is to be predominantly red in color, compatible with the provided lockout devices, and be keyed differently. Two keys shall be provided with each padlock.

The standard for lockout deceives shall be a predominantly red device with black and/or white trim colors and black, white, and/or red lettering if needed. The colors selected for the trim and lettering should be a combination to provide the best contrast to make any writing easy to read. Devices made from metal may contain exposed metal provided a significant portion of the device is red and the metal is not to be subjected to destructive corrosion.

All lockout devices, padlocks, and lockout tags shall be readily and commercially available from various vendors for easy reordering.

3.0 Performance Period: This is a onetime installation and upgrade. This will need to be completed within one year upon award.

Hours of Service:

a. Contracted firm’s employees’ access to the facility shall be coordinated through the COR. The contracted firm is responsible for conducting business between the hours of 8:00 am and 4:00 pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

Type of Contract: The contract will be a Firm-Fixed-Price contract.

1 GENERAL REQUIREMENTS

1. This Statement of Work (SOW) is to obtain cleaning and maintenance services for Ice machine systems at the Veteran’s Affairs Ralph H. Johnson VA Health Care System.

2. The contractor and sub-contractors shall always conduct themselves in a professional manner while on medical center property. The contractor shall ensure all personnel working on this contract are aware of Medical Center policies pertaining to employee behavior and conduct.

3. Physical or verbal misconduct may be grounds for removing employees from Medical Center property, or grounds for arrest by the Veteran Affairs (VA) Police. Employees may be banned from VAHCS property as a result of inappropriate or illegal behavior. The contractor shall not be entitled to any compensation from the Government for any costs resulting from employee misconduct (including, but not limited to, delays in contract completion) and may be held liable for costs incurred by the Government because of employee misconduct.

4. Smoking and vaping is strictly prohibited on the entire VAMC campus.

5. It is the contractor’s responsibility to properly assess the working conditions and include in the bid any specialty equipment, training, additional time, personnel, or safety equipment to perform the work safely and in compliance with all applicable VAHCS, local, state, and federal regulations.

6. The Contractor shall provide all management, supervision, labor, parts, materials, tools, and transportation necessary to perform cleaning, maintenance, and repair of the ice machine inventory to maintain operating conditions as originally specified by the manufacturer and/or as modified when a deviation is required by the COR. Deviations require written consent by the COR or their designee.

7. The Contractor, without additional expense to the Government, shall obtain and maintain all licenses, permits, and insurance required to perform the work in this contract. The Contractor shall comply with all applicable federal, state, and local laws. All required documentation shall be submitted to the COR and CO prior to commencement of work.

8. Special Qualifications: The contractor shall demonstrate that all lead employees assigned to this project possess expert knowledge of 29 CFR 1910.147, 29 CFR 1910.333, 29 CFR 1926.417 and NFPA 70E requirements regarding energy control safety, a.k.a. Lockout Tag Out (LOTO). Demonstration of expert knowledge shall contain two or more of the following:

i. Certified Safety Professional (CSP),

ii. Certified Industrial Hygienist (CIH),

iii. Five or more years of documented experience instructing safety courses based on NFPA 70E and/or LOTO portions of 29 CFR 1910 and 1926 for accredited institutions,

iv. A Master Tradesperson (or equivalent) with experience working in industrial or healthcare facilities and using LOTO procedures.

v. Five or more years as a Journeyman Tradesperson (or equivalent) working in industrial healthcare facilities and using LOTO procedures.

vi. Documented experience, training, or certifications which demonstrate equivalent levels of knowledge, professionalism and aptitude.

The contractor shall ensure all employees possess working knowledge of utility systems on large, multi-building campuses and healthcare-related machinery and equipment that may require LOTO.

9. Special Precautions for COVID-19: Members of the contracted survey team shall be required to meet each facility’s precautionary requirements prior to entering. Requirements may include, but are not limited to, COVID testing, quarantine, vaccination, daily screening questionnaires, and wearing of face coverings. As the COVID-19 emergency continues to evolve, requirements for accessing VA healthcare facilities are expected to change. There is no reasonable method to predict future changes to requirements and therefore the contractor shall contact each facility prior to arrival to determine the current COVID protocols. If contracted employees are traveling from another State, it is strongly advised to verify the State’s travel requirements regarding COVID precautions such as testing and quarantine.

10. Precautions for hazardous substances: The abatement or remediation of hazardous chemicals/materials (e.g., asbestos containing materials (ACM), formaldehyde, fuels, lead-based paint (LBP), mercury, polychlorinated biphenyls (PCBs), solvents) are beyond the scope of this PWS, some of which are the subject of specific Federal, State and local regulations and require the use of VA Office of specific Construction and Facilities Management Service (CFM) Technical Information Library (TIL) specifications. Areas of suspected hazardous substances which may cause injurious exposures if disturbed shall be immediately vacated and reported to the facility’s point of contact, Safety Office, or COR.

11. Other Costs: The Proposed Price of this project is to be fully inclusive. Upon award of the contract, change orders and additional costs may only be committed and approved by a VA Contracting Officer. Statements made by any other VA employee shall not be considered change orders or commitments to additional costs by the VA.

12. Quality Control: Establish a quality control plan specifying standard for both performance and quality. The quality control plan shall be provided to the CO and COR. The CO and COR will conduct surveillance of the contractor’s performance to ensure products delivered achieve the standard or mitigation plans are put into place early to avoid corrective measures later in the contract period.

13. Hours of Work

1. Normal working hours are 0700 – 1700 Monday to Friday, except for Federal holidays. To reduce patient impact, some work may need to take place during after-hours (1700 – 0700) or during weekends.

2. All schedules and work hours shall be requested, coordinated, and approved through the COR.

14. Safety/Infection Control

1. Infection Control Requirements shall be followed in accordance with an Infection Control Risk Assessment (ICRA) Permit. It is expected that work inside the facility will require a Class IV permit. Dust, dirt, and debris shall be contained. Additional infection control requirements are in included in Specification Section 01 35 26 Safety Requirements.

2. Low/No Volatile Organic Compounds (VOC) materials are to be utilized. Refer to Specification Section 01 81 13, Sustainable Construction Requirements.

3. All ICRA barriers and/or plan of execution shall be in-place and approved by VAHCS Infection Control representative and COR prior to start of work.

4. Refer to Specification Section 01 35 26.1.11 for Personal Protective Equipment Requirements.

5. Contractor shall immediately report to the CO/COR in a manner and on the forms prescribed by the Government, accidents resulting in injury, trauma, death, hazardous exposures, and occupational disease involving performance of this SOW on all sites.

6. Written reports for incidents shall be provided within five (5) working days and include the cause, what, where, and when the incident occurred as well as repairs and tests performed to correct the cause of the incident.

7. Contractor shall adhere to OSHA, EPA, NFPA Life Safety Codes, and other regulatory requirements. Safety shall be the Contractor’s highest priority. The Contractor shall be solely responsible for compliance with (Federal) OSHA regulations.

8. During contract performance, the Contractor shall follow Government’s safety policy and standards for safe work practices and take such safety precautions as the VA Safety Officer or designee or the CO/COR may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with Ralph H. Johnson VA Health Care System smoking policy.

9. Patient, employee, visitor, and Contractor personnel safety shall be maintained at all times. The Contractor is responsible for the safety and health of his/her employees.

10. The Contractor shall submit to the Contracting Officer, prior to the start of the Contract, the Safety Data Sheets (SDS) for potentially hazardous materials (lubricants, cleaners, fluids, etc.) to be used in the facility during performance of the Contract and will not use materials which have not been approved in advance by the Government. SDS for new chemicals shall be furnished prior to the arrival of the chemical on site.

11. Contractor is responsible to identify, provide and maintain personal protective equipment (PPE) required to perform the duties outlined in the Contract. In addition, the Contractor is responsible for identifying and providing applicable safety programs required to perform the work i.e., lockout/tag out, confined space entry, universal precautions, etc. Training required for safety programs and proper use of PPE shall be provided by employer, and documentation maintained by the Contractor.

12. The Contractor shall obtain a Hot Work Permit from the Government (VA Safety Staff) or the CO/COR in advance whenever soldering, welding, grinding, and using a cutting torch, or other open flame, spark or heat producing equipment is used. The Contractor is required to follow requirements outlined for the issuance of the Hot Work Permit.

15. Security

VA Directive 0710: VA policy requires all personnel be subject to an appropriate background investigation (Special Agreement Check (SAC)) Check (SAC)) prior to permitting access to VA information system. Badging must be secured prior to any contractor beginning work on the premises. The Contractor will determine the type of badge required for their contractor(s) based on the following criteria:

1. If contractor requires escorted access to RHJVAMC for less than 15 days per year, they will require a Visitor Badge.

2. If contractor requires any other access other than 15 days per calendar year, they will require a PIV-I Badge.

Prior to receiving sponsorship for any badge, all contractors must complete Contractor Safety Training through the Safety Service as coordinated through the COR. Training occurs every other Wednesday at 9:00 am in the Engineering Conference Room (G206k). Procedures for acquiring the appropriate identification badge for a contractor are identified below.

1. Fill out fingerprint forms and have fingerprints done at the PIV Office. Contractors can walk-in to PIV Office Monday- Friday from 8:00 a.m. – 3:30 p.m. for fingerprints.

2. Complete background Investigation form.

3. Complete Contractor Safety Training.

16. Schedules

Schedule TBD by the COR after awarding on contract.

17. Parking/Laydown Area

The Contractor shall make arrangements for parking. At no time shall vehicles be parked on roadways, patient parking areas, the loading dock, etc. Coordinate use of the loading dock for loading/unloading material with the COR. Materials shall not be deposited on the loading dock for any length of time.

There is no guarantee for laydown of material. The VAHCS shall not provide an extensive area for storage of materials and laydown. Scheduling and coordination with the VAHCS will be critical. Materials may be staged provided that the materials are secured and inaccessible by VAHCS patients.

18. Site Investigation

All interested contractors will be invited to a pre-bid meeting. While not required, the contractor is strongly encouraged to attend the on-site pre-bid meeting. Access to the work areas and specific explanation of Statement of Work requirements will be discussed. However, no questions will be answered during the pre-bid meeting. All questions must be officially submitted through the Vendor Portal. No comments, actions, or discussion (verbal or otherwise) are to be considered direction or answers to any questions, nor will they be considered accurate or binding unless submitted and answered in writing through the CO as an official request for information (RFI). Contractor site investigation outside of the pre-bid meeting shall not be allowed.

19. Recycling Requirement

The VA requires all recyclable material be removed and recycled. The contractor is responsible for minimizing landfill waste. The contractor will provide a list to include weight of each type of material that is recycled. Removal of all recyclables and landfill waste is the responsibility of the contractor, refer to Specification Section 01 74 19 Construction Waste Management.

Records Management Obligations

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Department of Veterans Affairs records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their Department of Veterans Affairs contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. RHJ HCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of RHJ VAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to RHJ VAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in this SOW. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to RHJ VAHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and RHJ VAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with RHJ VAHCS policy.

8. The Contractor shall not create or maintain any records containing any non-public RHJ VAHCS information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The RHJ VAHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which RHJ VAHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take RHJ VAHCS-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

12. Records of all maintenance performed at all locations must be emailed to the COR within 24 hours of work completion or designee.

13. Must be able to obtain clearance to get on Naval Weapons Station (Joint Base)

D. Flow down of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

INVOICES: Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR), and submitted electronically

DELIVERABLES SCHEDULE

NTP = Notice to Proceed “Days” refers to calendar days.

COR

Example LOTO Management System demonstrating:

· equipment inventory document

· links correlating inventory line items to the proper LOTO procedures

· an ability to track and record annual procedures reviews

· an auditing capability

NTP + 30 days

inventory portion, whichever is later.

COR

Padlocks Government approval + 90 days or within 14 days after completion of the on-site inventory portion, whichever is later.

COR

Place of Performance:

Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor will prepare Standard Operating Procedures for required equipment within the Ralph H. Johnson to meet OSHA and VA requirements (See Statement of Work) Contract Period: Base POP Begin: 01-02-2024 POP End: 03-31-2024

LOCAL STOCK NUMBER: SERVICE

B.3 DELIVERY SCHEDULE

1.00

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…