36C24818Q0348-001.docx

36C24818Q0348

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

36C24818Q0348 03-09-2018 Joseph Boudreau 407-646-4236 03-21-2018

3:00 P,M. EST

Department of Veterans Affairs Orlando VA Medical Center 13800 Veterans Way Orlando

FL

32827 X X X 325120 1000 Employees X N/A X Department of Veterans Affairs Orlando VA Medical Center 13800 Veterans Way Orlando

Fl

32827 00675 Department of Veterans Affairs Network Contracting Activity 8 (NCO 8) Orlando VA Medical Center 13800 Veterans Way Orlando

FL

32827

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin

TX

78714-9971 See CONTINUATION Page See CONTINUATION Page X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Department of Veterans Affairs Orlando VA Medical Center 13800 Veterans Way

Orlando FL 32827

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 Financial Services Center

P.O. Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-11 VA Notice of Total Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

1. GENERAL:

The contractor shall provide all management, supervision, personnel, services materials, supplies, transportation, general and specialized equipment necessary to deliver gas, oxygen, nitrogen and propane products to the Orlando VA Medical Center (Orlando VAMC). The following facilities shall be covered under this contract:

· Orlando VA Medical Center, (Lake Nona campus) 13800 Veterans Way, Orlando, FL 32827

· Orlando VA Medical Center, (Lake Baldwin campus) 5201 Raymond St., Orlando, FL., 32803

· William V. Chappell Jr. Outpatient Clinic (OPC) 551 National Health Care Dr., Daytona Beach, FL., 32114-1495

· Viera Outpatient Clinic (OPC) 2900 Veterans Way, Viera, FL., 32940

· Kissimmee Community Based Outpatient Clinic (CBOC) 2285 N. Central Ave., Kissimmee, FL., 34741

· Tavares CBOC, 1390 E. Burleigh Blvd., Tavares, FL 32778

· Orange City CBOC, 2583 S. Volusia Ave., Suite 300, Orange City, FL., 32763

· Clermont CBOC, 805 Oakley Seaver Dr., Clermont, FL., 34711

2. PERIOD OF PERFORMANCE:

The period of performance will be from the date of award through twelve (12) months, with four (4) option year periods. Option year periods will be date of award through one year. All options are exercised at the discretion of the government.

3. DAYS AND HOURS OF OPERATION:

Government normal duty hours are from 0800-1530, Monday through Friday, excluding Federal holidays. There are ten Federal Holidays as follows:

New Year’s Day January 1 Martin Luther King Day 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day Last Thursday in November Christmas Day December 25

a) If a holiday falls on Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by the U.S. Government agencies. Also included would be any day specifically declared by the President of the United States of America as a National Holiday.

b) WHEN (Weekends, Holidays, Evenings and Nights) hour deliveries will be on an as needed basis and will be delivered at no additional cost to the government.

4. DELIVERABLES:

a) All medical gases shall conform to specifications prescribed in the United States Pharmacopeia and the National Formulary. All medical gas manufacturers and fillers of medical gases shall be registered with the Federal Department of Agriculture (FDA); all medical gas shall be manufactured, processed, packed, transported, and stored in accordance with FDA’s Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210, 211, and 201 for labeling. Tanks shall be filled to the maximum functional capacity at each refilling procedure unless otherwise specified by the facility or agreed upon by a written document signed and dated by the COR.

b) Liquid Nitrogen- Lake Nona Rm #2D809

Medical Gas Rooms at Each Facility Listed in Sec. 1

c) Upon delivery of goods a receipt of products delivered will be given to the point of contact that signs for delivery

d) First day of billing cycle is the day the contract is awarded. Billing cycles will be every 30 days and at the end of the billing cycle the contractor will provide an invoice monthly with one invoice for all contract deliveries.

e) Material Safety Data Sheets shall be provided to the facility Contract Officer Representative at kick off meeting at no additional charge. Any additional (new) gases added to this contract- after the kick off meeting- will have a Material Safety Data Sheet provided to the COR of this contract prior to the delivery of any facility mentioned in this contract.

f) The following specifications are incorporated into the solicitations and resulting contracts:

1. Federal Specification B-A-1034B, Air, Compressed, for Breathing Purposes, dated 20-Dec-1985

2. Federal Specification BB-C-101B, Carbon Dioxide (CO2) Technical and USP, dated 15-Apr-1971

3. Compressed Gas Association (CGA) Publications G-7 Compressed Air for Human Respiration, dated 8/4/03, and ANSI/CGA G-7.1 – Commodity Specification for Air, dated 8/27/04

4. Federal Specification BB-N-411 C, Liquid Nitrogen (N2) Technical and USP, and NFPA Volumes 1 and 2, Twentieth Edition, 2008.

g) All products, equipment, and services provided under this contract shall be in accordance with all applicable Federal regulations.

h) These cylinders/gas are to be exchanged on a recurring basis(daily, monthly or as needed basis) depending on the medical centerequirements need.

Gas delivery will only be approved for and only for the gasesapproved on the contract approved Contract Line Item (CLIN) list. The approved list is below:

75. DELIVERY REQUIREMENTS:

a) 7.1 Facilities are available to receive services/items Monday through Friday, 8:00 am to 3:30 pm. When necessary, deliveries may include weekend and holidays; thisThe delivery time is be specified in the delivery order as issued by each facility (reference the schedule lists delivery for delivery instructions each facility)will be specified by each facility. The schedule will be given to the contractor upon award of the contract.

b) Material Safety Data Sheets for all items and any new gases shall be provided to the Contract Officer Representative upon request at no additional charge. All deliveries are FOB point is destination. Additional charges such as delivery fees, hazardous material fees, fuel surcharges, and alike shall NOT be billed to or collected from the facilities for orders received under this contract.

c)

7.3c) If the Contractor cannot fill the government cylinders timely, the contractor shall provide the required supply of medical gas in contractor-owned cylinders without additional charge to the government. The contractor shall work with the Contracting Officer Technical Representative (COR) regarding changing out the contractor-owned cylinders with filled government owned cylinders. Comment by Department of Veterans Affairs: What does this mean?

6. PERFORMANCE STANDARDS

Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection and monthly monitoring. At the end of each option year, A Contractor Performance Assessment Reporting System (CPARS) will be sent to the contractor. The contractor has the right to either agree or respond. This reporting applies to this contract. https://www.cpars.gov/, https://www.acquisition.gov/.

1. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Commercial Services Contract

PURPOSE: This QASP is a Government developed document used to ensure that the Government receives quality services, and pays only for services actually provided. The QASP provides a systematic method to evaluate the services the Contractor is required to furnish.

SCOPE: The role of Government Quality Assurance is to ensure contract standards are achieved. The QASP provides guidelines and methods for the Government's oversight of the Contractor's quality control efforts to assure timely, effective services are provided IAW the contract order. The Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract.

ROLES AND RESPONSIBILITIES:

Contracting Officer (CO) - A person duly appointed with the authority to enter into, administer and terminate contracts on behalf of the Government. The CO is the only person who can legally commit the Government and only the CO, as the Government's agent, can modify the contract/order. The CO is the final authority for determining the adequacy of the Contractor's performance. CO decisions arising under or relating to the contact are final.

Contracting Officer's Representative (COR) — An individual designated in writing by the CO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor's performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority' rests solely with the CO. The COR’s primary duty is to monitor the Contractor's performance by physically checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the COR will report the unacceptable performance to the COR. The COR is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

METHOD OF SURVEILLANCE: Simplified methods of surveillance will be used by the Government to evaluate contractor performance. The primary methods of surveillance are periodic assessments of service and customer feedback.

Periodic Assessment of Services — For services that occur over a number of months, the COR will evaluate Contractor performance on a quarterly basis and upon completion of services. Generally, the Government will rely on the Contractor's Quality Control system to ensure that services conform to contract quality requirements before they are tendered to the Government for acceptance.

Customer Feedback — Customer feedback is typically obtained via telephone or email. Telephonic customer complaints must be followed up in writing/email. To be considered valid, the customer complaint must clearly articulate the nature of the complaint, time, date, etc. The COR will investigate the complaint; if determined valid, the COR will advise the CO and the Contractor of the deficiency. Copies of valid complaints and the resolution must be retained in the official contract file.

SURVEILLANCE PROCEDURES:

The COR will evaluate the Contractor's performance quarterly against Performance Standards established in the contract/order. Evaluations will be to the extent practical to assure the contractor provides quality services IAW the requirements of the contract. Evaluations could be evaluation, /validation of contractor supplied performance data, as well as analysis of Customer feedback, for performance trends and to ensure valid customer concerns are resolved timely.

If at any time the COR receives indicators (e.g. Valid customer complaints or notes Performance Standards are not being met) that the Contractor's performance is less than acceptable, the COR will investigate to determine if this is a onetime issue that has been promptly corrected, or if the discrepancy is systemic in nature. If the issue is determined to be an isolated occurrence, the COR will continue with Quarterly Evaluations. If the issue is recurring and systemic in nature, the COR will perform more frequent evaluations.

The COR will notify the Contractor each time an unacceptable observation has been recorded and ask the Contractor to correct the problem. The COR will record the contract requirement, the specific deficiency to the requirement, the date and time it was discovered, and have the Contractor initial the entry. The Contractor will be given two working days after notification to correct the deficiency in accordance with requirements of the contract. Deficiencies that cannot be corrected within two working days will be reported to the Contracting Officer.

The COR will re-examine services that are found deficient. Failure to complete corrective actions will be reported immediately to the CO for further action. Upon satisfactory completion of the work, the COR will accept the services provided and authorize payment, by approving the Contractor's invoice in Wide Area Workflow.

SURVEILLANCE STANDARD:

The Performance Standard set forth in the PWS and Line items is the standard the Contractor must meet for services to be deemed acceptable. Generally, under commercial services contracts, the Government is relying on the Contractor's assurances that the services conform to contract requirements. Consistent with FAR 52.212-4, Contract Terms and Conditions, (a) Inspection and Acceptance, the Contractor shall only tender for acceptance those services that conform to the requirements of the contract/order. The Government may require re-performance of nonconforming services at no increase in contract price. The Government reserves the right to refuse acceptance of nonconforming services. In no case shall the Government's right to inspect services under the inspection provisions of the contract be prejudiced.

QUALITY ASSURANCE SURVEILLANCE FILE: The COR file should contain:

a) Copy of the COR appointment letter from the CO, any changes to that letter and any termination letters

b) Training Certifications for COR

c) Copy of the contract and all contract modifications

d) Copy of the applicable Quality Assurance Surveillance Plan (QASP)

e) Copy of the contractor's Quality Control Plan (QCP)

f) All correspondence initiated by authorized representatives (Contractor or Government) concerning performance of the contract

g) Names, position titles and contact information of all key personnel assigned to this contract both Government and Contractor

h) Surveillance schedules

i) Surveillance Checklists

j) Records of all inspections performed and the results

k) Customer Feedback

l) Memoranda for record of minutes of any meeting, telephone conversations and discussions with the contractor or others pertaining to the contract or contract performance

m) Documentation pertaining to acceptance of services, reports or data

RECORDS: All records will be retained for the life of this contract. The COR will forward these records to the CO upon completion of the contract/order.

CHANGES: The QASP is a living document and, as such, may be changed as needed. However, the CO must approve changes. The COR will submit recommended changes to the CO for approval.

7. PERFORMANCE SUMMARY (PRS) REQUIREMENTS

8. KEY PERSONNEL REPLACEMENT AND SUBSTITUTION

a) The contractor shall provide a list of authorized personnel and phone number listing of all service points of contact to the Contracting Officer Representative no later than 10 days after the award date. Notification of substitutions or replacement of key personnel shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request shall contain a complete resume for the proposed substitute, and any other information requested or required by the Contracting Officer to approve or disapprove the request. Proposed substitutes shall have qualifications that are equal to or higher than the personnel being augmented. The Contracting Officer or his/her authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable.

b) The Contractor shall insure that a full complement of trained qualified personnel is available for delivery with no disruption of services.

9. CONTRACTOR PERSONNEL AND MANAGEMENT

1. Contractor Personnel

a) The Contractor shall be responsible for the performance and conduct of its employees. Personnel employed by the Contractor in the performance of this PWS or any representative of the Contractor entering the VA premises shall be subject to inspections by the Government as deemed necessary. The Contractor shall not employ for performance under this contract, any person whose employment would result in a conflict of interest with the Government’s standards of conduct.

b) The Contractor is completely responsible for all actions of their employees. All contractor personnel employed in the performance of this contract shall comply with all VA building regulations, policies, and guidelines while on the premises. Contractor personnel shall be free of body odor and wear clean clothing (uniforms as appropriate) while performing duties under this contract. The Contractor shall consider the clinical environment and instruct/train their personnel in applicable safety precautions and special requirements. These requirements may include but are not limited to such conditions as human secretions, blood, barium, etc. Contractor personnel shall take appropriate precautions while performing duties applicable to this contract.

c) Personal Appearance - Contractor employees shall be well-groomed, clean, and neat in appearance; clothes properly fitted, uniform appearance with nametags, and appropriately dressed for the work to be done. Contractor employees shall not wear clothing with slogans, drawings, or language which could be construed as being lewd, obscene, profane, racially offensive, sexually suggestive, and anti-American or which advocates the use of illegal drugs or other unlawful conduct.

d) Personnel Courtesy - Contractor employees shall not exhibit rude behavior. Loudness, vulgarity, rudeness, or other similar offensive conduct by an employee of the Contractor will be ground for denying the employee further access to the VA premises.

2. Parking - All Contractor-owned vehicles shall be maintained in a neat, presentable, and operational condition as determined by the Contracting Officer or COR. Contractor vehicles shall be clearly marked so as to be distinguishable from Government Equipment. Markings shall include, but not limited to, the Contractor's name and telephone number on all equipment and vehicles used to carry out the requirements of the contract. Contractor vehicles will follow parking rules while on US government property and is subject to tow if illegally parked. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the Police and Security Section. Failure to park in appropriate/designated parking may be cause for parking violation from the VA Police and may jeopardize the performance of the contract.

3. Identification Badges

a) The COR will coordinate the issuance of required access badges to Contractor personnel. Contracted personnel visiting any of the locations listed above must be issued a temporary badge or have an escort with him at all times. Badges will be issued from the location’s visitor’s desk or from the Facilities Management desk. All badges will be returned daily. Contract personnel shall wear laminated identification badges provided by the VA at all times when present and performing work. Badges shall be worn on the outer garment, attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

b) Government issued identification badge remains the property of the Government and shall be returned to the issuing office upon completion of work or at the end of the work day, which ever applies.

c) Contractor Badges - In addition to the government furnished badge, Contractor personnel shall also wear a laminated contractor identification badge at all times when performing services under this Contract, including when on Government directed travel. The badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

4. All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by Contractor personnel are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

5. Safety/Security Requirements. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

6. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

7. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the Contracting Officer.

8. The Contractor personnel shall agree to comply with the Privacy Act of 1974 (the Act) and other applicable federal laws, rules, regulations and policies issued under the Act during and after the execution of this contract. Because confidential medical record information may be accessible and/or visible to Contractor employees during performance of their daily duties, the Contractor shall obtain a signed "confidentiality certificate" from each employee prior to allowing them to start work under this contract. Any information about an individual that is maintained by the VA, including, but not limited to, education, financial transactions, medical history, and criminal or employment history or any record that contains the person's name, or the identifying number, symbol, or other identifying assigned to the individual, shall be kept CONFIDENTIAL. A copy of this certification shall be provided to the COR upon request.

9. Standard of Conduct

a) Conduct of Personnel. Government rules, regulations, laws, directives, and requirements that are issued during the Contract term relating to law and order, and security shall be applicable to all employees or representatives who enter the VA premises. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site. Removal of employee does not relieve the Contractor from the responsibility for the work defined in this PWS.

b) The Contracting Officer or designated representative (COR) may require the Contractor to remove any employee performing requirements under this PWS for reasons of misconduct, safety, or security risk posed. Contractor employees shall be subject to immediate dismissal from the premises upon determination by the COR that such action(s) is in the best interest of the Government.

c) Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

d) Working Attire and Appearance. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

e) The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the Contracting Officer prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.

f) Contractor employees shall not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this PWS. The Contractor shall not allow any employee to perform work if the employee is under the influence of alcohol or illegal drugs. Employees found to be under the influence of alcohol or illegal drugs during working hours will be immediately removed from duty. For purposes of this provision, the threshold for being under the influence of alcohol or illegal drugs is the same as that established by current laws for vehicle operations. The Contractor is responsible for establishing the methods by which employees will be determined to be under the influence of alcohol or illegal drugs.

10. NON-PERSONAL SERVICE STATEMENT

Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

11. PERSONNEL QUALIFICATIONS

a) The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the PWS in an efficient, reliable, and professional manner. The normal manner of dress is business casual.

b) Specific Personnel Qualifications Requirements –Personnel assigned to or utilized by the contractor in the performance of this contract shall, as a minimum: be affirmed by the Contractor.

c) Be a United States Citizen

d) Possess the skills and abilities of performing the work as outlined in this PWS.

e) Specialized Experience: The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. In addition, the Contractor shall comply with all Safety and Operational requirements of the Orlando VA Medical Center.

12. INSURANCE

The Contractor shall procure and maintain for the entire contract period, Workmen's Compensation and employers Public Liability Insurance in accordance with laws of the State of Florida. Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. See FAR 52.228-5, Clauses Section. Contractor shall provide the CO with an original signed copy of Insurance Certification with appropriate coverage, no later than ten (10) calendar days after notice of award. The contractor will notify the VA immediately of any changes in insurance coverage. Failure to submit documentation regarding the above insurance requirement shall be grounds to terminate the contract for default

13. CONTRACT AWARD AND ADMINISTRATION DATE

a) The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. In the event the Contractor effects any such changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

b) No contract will be awarded nor payment made to any individual or entity that appears on the Health and Human Services Office of Inspector General's (HSS/OIG) List of Excluded Individuals/Entities, or any other Government sponsored list that identifies Contractors as being ineligible for contract award(s).

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

Contract Period: Option 2 POP Begin: 04-01-2020 POP End: 03-31-2021

Contract Period: Option 3 POP Begin: 04-01-2021 POP End: 03-31-2022

Contract Period: Option 4 POP Begin: 04-01-2022 POP End: 03-31-2023

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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…