36C24819Q0529-002.docx

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

672-19-2-2090-0088 36C24819Q0529 08-27-2019 Mr. Hector Lopez-Burgos 787-641-7582 x 34965 09-16-2019 09:00 am 00672 Department of Veterans Affairs VA Caribbean Healthcare System Administrative Building #10 Calle Casia Suite #4M440 San Juan PR 00921-3201 X X 333415 1250 Employees N/A X See Delivery Schedule

00672 Department of Veterans Affairs VA Caribbean Healthcare System Administrative Building #10 Calle Casia Suite #4M440 San Juan PR 00921-3201

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page Walk-in Cooler See CONTINUATION Page

672-36X0110-2090-855100-2660 CA2085C

X X Pedro Jaime Catinchi, NCO 8 Table of Contents

SECTION C - CONTRACT CLAUSES………………………………………………………………12

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 36C248 Pedro Jaime Catinchi, NCO 8, CO Hector L. Lopez Burgos, NCO 8, CO Department of Veterans Affairs VA Caribbean Healthcare System Administrative Building #10 Calle Casia Suite #4M440 San Juan PR 00921-3201

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:

inspected and received.

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 SCOPE OF WORK

Scope of Work Title of project: Walk-In Cooler for 1st Floor Pathology & Laboratory Service

1. SUPPLIES AND ITEMS REQUESTED: a. This procurement package is for the purchase and installation of a new Walk-in Cooler for the Pathology & Laboratory Service located on the 1st floor of the Main Building of the VA Healthcare Caribbean located at 10 Casia Street San Juan, PR 00921.

b. The contractor shall provide all the materials, supplies, equipment, labor, expert supervision, testing and management for the installation of the Walk-in Cooler on Room A-101A located on the 1st floor of the Main Building. Compressor System of walk in cooler will be installed on the basement level at room A49-X. See drawing for reference location.

c. Prior to submitting a proposal, Contractor shall visit the site and fully inform themselves of the amount / character of the work and the local conditions.

d. The Contractor shall ensure that the work, supervision, management, and testing are performed in accordance with provided drawings, Local and Federal codes and regulations, and VA Specifications.

2. GENERAL REQUIREMENTS: a. The Contractor shall provide all necessary supplies, materials, equipment, labor, expert supervision, management, transportation to satisfactorily perform all tasks as identified in this document.

b. Safety Requirements: While in the performance of the work, the Contractors personnel shall abide by the safety requirements of the Medical Center. The Contractor shall exercise extreme care in making the work area safe at all times and in using and storing equipment so as to protect patients on the station from any possible injury resulting from the equipment or materials. The Contractor is responsible for securing his equipment each day.

c. The contractor shall provide a project work schedule before start any work.

3. DAMAGES: a. If any wall board, glass, floor tile, or other material broken or damaged by contractor personnel during the performance of this contract shall be replaced to the satisfaction of the Chief, Facility Management Service, or designee, within twenty-four (24) hours.

4. SELECTED CONTRACTOR REQUIREMENTS: a. Selected contractor shall visit the site before submitting his final proposal. Visits to the site shall be made on Monday 09/Sept/2019 at 10:00AM till 11:30 AM with the Contracting Officer and program Manager.

b. Selected contractor shall be certified for inspecting, maintaining, testing and servicing the equipment to be relocated. Contractor shall provide personnel trained and familiar with the equipment to be relocated. The contractor shall submit proof of certification prior performing work for the relocation of booth.

c. Contractor shall have a comprehensive knowledge, experience, facilities, instruments, expertise, equipment and personnel to complete all required work.

d. Contractor shall keep the Project Manager and Contracting Officer informed at all times of the status and progress of the service.

5. GENERAL PRODUCT DESCRIPTION: a. Cold Room size: 12’-6” x 9’-8” x 7’-6.

b. Design Temp: 35-degree F +/- 3 degrees.

c. Walls and Ceiling: 4” thick panel.

d. Door: One 34” x 77” hinger cooler door with 14” x 14” window.

e. Control includes temp alarms, temper graphs and remote monitoring capabilities. Include 100’ of piping, labor and installation. In proposal electrical, piping including draining and installation are to be broken down per work.

f. Provide second compressor system for 100% redundancy.

6. PERFORMANCE REQUIREMENTS: a. NSF Standards: Provide equipment that bears NSF Certification Mark certifying compliance with applicable standards.

b. UL Certification: Provide electric and fuel-burning equipment and components that are evaluated by UL for fire, electric shock, and casualty hazards according to applicable safety standards, and that are UL certified for compliance and labeled for intended use.

c. Regulatory Requirements: Install equipment to comply with the following: i. ASHRAE 15, “Safety Code for Mechanical Refrigeration.”

ii. NFPA 70, “National Electric Code.”

7. WALK-IN REFRIGERATOR: a. General: Prefabricated, sectional, all-metal clad, modular, designed for easy accurate field assembly.

b. Provide walk-in units conforming to NSF/ANSI 7, UL 207, and UL 471. Floor panel walk-in refrigerator with appropriate insulated floor assembly and polished aluminum finish floor.

c. Panel Construction: i. General: Interchangeable, 1219 mm (48 inch) maximum width, 101 mm (4 inch) thick, filled with insulation. Double seal serrated neoprene rubber gaskets to assure air and vapor tight joints.

ii. Corner panels: 90 degree angle, radiuses 15 mm (0.5 inch) inside and outside, with 305 mm (12-inch) dimensions each side.

iii. Panel edges: Foam-in-place, tongue-and-grooved urethane to assure tight joints. Provide double seal serrated neoprene rubber gaskets to assure air and vapor tight joints on the interior and exterior of each panel along every tongue.

iv. Insulation: 101 mm (4 inch) minimum foamed-in-place polyurethane with manufacturer’s rated “K” factor of not more than 0.15, free rise design of not less than 27 kg per cubic meter (1.7 pounds per cubic foot), or in-place density of not less than 32 kg per cubic meter (2 pounds per cubic foot). Provide floor screeds with minimum of 63 mm (2-1/2 inches) of foamed insulation.

v. Door Panel and Door: 1. Provide channel thermal breaker type reinforcing steel frame around the entire perimeter of the door opening.

2. Door to be an in-fitting flush-mounted type with dual flexible blade wiper gasket on the bottom, and a replaceable magnetic gasket on the top edge and along both sides.

3. Provide heated, double glass view windows in refrigerator doors.

4. Door to be equipped with a minimum of three (3) hinges, for rough usage including aluminum diamond plate on inside of door panel and frame to a height of 915 mm (36 inches).

5. Provide hydraulic exterior door closer to prevent slamming and assure secure closing.

6. Door hinges and latch and strike assembly: Manufacturer's standard, self-closing cam-lift type hinges, for 1219 mm (48 inch) door, chrome plated or polished aluminum finish, made to provide for locking, but with an inside safety release mechanism to prevent anyone from being locked inside when door is locked from outside.

7. Concealed, energy use selective, anti-sweat heater wire circuit: Provide sufficient heat to prevent condensation and frost formation at the door jambs and exterior edges of the door on all sides.

8. Thermometer: Manufacturer's standard, 50 mm (2-inch) minimum diameter, dial type, flush mounted in door panel.

vi. Floor Panels: 1. Floor Panel Strength: Capable of withstanding 28.7 kPa (600 pounds per square foot) uniform load.

2. Provide prefabricated floor panels of the same construction as wall/ceiling except with 1.9 mm (0.78 inch; 14 gauge) galvanized skin, sealed watertight.

d. Wherever compartment dimension exceeds clear-span ability of ceiling panels, provide I-beam support on exterior of ceiling or spline-hangers. Install 13 mm (1/2 inch) diameter steel rods through beam/hangers and secure to structure above. Beams or posts within compartments are not acceptable.

e. Lights: Provide high-efficiency rated two-tube fluorescent lamps in vapor-proof fixtures with safety shields. Lighting must conform with UL 1598. Provide diffuser and ballast capable of operating in minus 23 degrees C (10 degrees F) temperature. Lights must run full length of walk-in starting 610 mm (24 inches) from front panel and extending within 610 mm (24 inches) of back panel. Run between shelf rows to obtain 323 lux (30 foot-candles) at floor level regardless of any interior furnishings.

8. CONDENSING UNITS: a. Comply with ARI Standard 520. Air cooled type as shown in construction documents.

b. Provide motor driven integral compressor, motor starter, condenser, receiver, common base, and safety/operational controls.

c. Receiver capacity not to be less than 125 percent of system refrigerant charge.

d. For units installed in a closet, provide a factory fabricated steel rack extending approximately 1143 mm (45 inches) above the floor.

e. Compressor shall be located in room A49-X at basement level.

f. Provide positive oil lubrication and oil level indicating device for each compressor.

g. Compressor Motor: Squirrel cage induction type of ample size for continuous operating at maximum compressor performance. Provide inherent protection, in compressor terminal box, for each phase of motor.

h. Interlocking system to be digitally controlled.

i. Provide 100% compressor redundancy.

j. Digitally Controlled.

k. Pressure Switches: Automatic reset low pressure switch, and automatic or manual reset high pressure cutout.

l. Air Cooled Condensing Units (DX): i. High efficiency type piped and automatically controlled to operate at lower head pressures during low ambient temperature conditions.

ii. The condenser fans are to be driven by permanent split capacitor motors.

iii. Direct Expansion (DX) Unit

9. UNIT COOLERS: a. Comply with ARI Standard 420. Units to be UL listed, forced-ventilation type. Provide integral defrosting, internal or external refrigerant distributor, single or multiple fans and motors, drip-pan, deflectors, aluminum or baked-enamel steel housing, hangers, and all accessories. Unit coolers for kitchen walk-in units to be NSF approved.

b. Motors: Permanent split capacitator type in accordance with Section 11 05 12 GENERAL MOTOTR REQUIREMNETS FOR EQUIPMENT. Provide motors with thermal overload protection and manual starting switch. (See attached Specifications.)

c. Drain Pans: Galvanized sheet steel. Provide additional drain pans under uncovered refrigerant connections, and interconnect them with main drain pan. For freezer units provide electrically heated drain pan.

d. Defrost Provision: i. Refrigerators: Defrost to occur during compressor off cycle with evaporator fan running continuously.

10. MONITORING ALARM SYSTEM: a. Provide an electronic monitoring and alarm system for each section of each unit. i. System Components: Detecting thermostat, master control panel, interconnecting wiring, remote audible alarm, and defrost compensator. Provide dials showing temperatures and pilot lights, warning lights, switches, transformer, and buzzer, all as a part of the master control panel. Locate master control panel and remote audible alarm as indicated on construction documents. Provide power fuse to protect system components.

ii. System Operation: Set alarms at 5 degrees C (10 degrees F) above and below specified operating temperatures.

b. Personnel Alarm: For each unit, provide separate audible alarm system operable from inside unit, for use of personnel unable to exit unit. Locate remote audible alarm where indicated on construction documents.

11. INSTALLATION: a. Assemble walk-in units and install refrigeration equipment as described in the respective manufacturer's instructions. Make panel joints tight and seal all panel penetrations to prevent condensation or frosting. i. Unit cooler: NSF approval requires that the unit be suspended at 90 mm (3-1/2 inches) minimum distance below the ceiling to allow cleaning the top of the unit cooler.

ii. Mount pipe, conduit, and instrumentation on the exterior and pass thru neatly drilled penetrations to the lights or other devices.

b. Piping, Pipe Insulation and Refrigerant and Control installations shall conform PG 18-10 – Plumbing Design Guide.

12. REFRIGERATOR/FREEZER START-UP, AND PERFORMANCE TESTS AND INSTRUCTIONS: a. Initial Start-up and Operational Test: i. Provide all lubricants and accessories before initial start-up. Start and operate all equipment.

ii. Follow the manufacturer’s procedures and place the systems under all modes of operation.

iii. Supplement initial charges of lubricating oil to assure maximum operating capacity.

iv. Adjust all safety and automatic control instruments. Record manufacturer’s recommended readings hourly.

v. Operational tests must cover a period of not less than three (3) days. Submit operational test report.

b. Test Reports: Submit the final field test reports for each system tested, describing test apparatus, instrumentation calculations, and equipment data based on industry standard forms. Include in data: i. Compressor and air moving device ampere readings.

ii. Power supply characteristics, including phase imbalance, with 1/2 percent accuracy.

iii. Thermostatic expansion valve superheat-value as determined by field test.

iv. Sub-cooling.

v. High and low refrigerant temperature switch set-points.

vi. Monitoring alarm system.

vii. Low oil pressure switch set-point.

viii. Defrost system timer and thermostat set-points.

ix. Moisture content.

x. Ambient, condensing and coolant temperatures.

xi. Capacity control set-points.

xii. Field data and adjustments which affect unit performance and energy consumption.

xiii. Where final adjustments and settings cannot be permanently marked or drilled and pinned as an integral part of device, include adjustment and setting data in test report.

c. By arrangement with the Contracting Officer Representative (COR), 24 hours in advance, use the start-up and test period for required operation and maintenance instructions to VA personnel.

13. PROPOSAL: a. Pricing should be broken down in compliance with the requirements provided on

B.3 EVALUATION CRITERIA

EVALUATION CRITERIA FOR

Walk-in Cooler PART 1- General information

1.1 SOURCE SELECTION USING THE LOWEST PRICE TECHNICALLY ACCEPTABLE PROCESS (LPTA)

1.1.1 This is a competitive Request for Quote (RFQ) using Small Business set-aside with Tiers procedure as follows SDVOSB, VOSB, and Small business.

Process will be used in conjunction with FAR Part 13, LPTA source selection process. Award will be made to a responsible quoter on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors; only were adequate/sufficient competition is received at a given tier.

Adequate competition exists if; (1) quotes are received from at least two responsible quoters; (2) each of whom can satisfy the contract's requirements independently; (3) both contend for a contract which will be won by the quoter who submits the lowest evaluated price meeting or exceeding technical requirement and; (4) price is reasonable.

If adequate competition is met as describe in 5.2 above, award procedure will be initiated. If adequate competition is not met, competition will proceed at the next lower tier in a separated solicitation.

1.1.2 The government will rank order the price quotations from lowest to highest. If the lowest priced offer receives an "Acceptable" Technical rating, then the evaluation process concludes and the government will make preparations for contract award. If the lowest priced quote is not rated "Technically Acceptable", then the evaluation process continues until a technically acceptable quote is determined PART 2- Evaluation Factors

2.1 RELATIVE IMPORTANCE OF PRICE TO THE TECHNICAL EVALUATION FACTORS

2.1.1 The evaluation factors are Price and Technical. Price is significantly more important than technical. The technical evaluation factor consists of Experience, and Past Performance. When evaluating offers using the LPTA process, the non-price factors are evaluated to determine which responses are “technically acceptable”. Award is made to the contractor who is technically acceptable and has the lowest price.

2.1.2 PRICE FACTOR - Quoters will be ranked according to the most favorable quoted firm fixed price with the lowest priced quoter ranked first. Price will not be evaluated other than to ensure price reasonableness. The Government may use various price analysis techniques and procedures to ensure a fair and reasonable price. Note: The government reserves the right to publically release the total contract award price and all potential offerors submit their quote based upon this understanding.

2.1.3 TECHNICAL FACTOR: Note: The Technical factor consists of the following elements:

Experience and past performance. The quoter’s technical quote must separately address each element. The overall technical quote will be rated acceptable or unacceptable. To receive a overall acceptable rating, each element of the technical factor must also be rated acceptable.

The quoter shall comply with all applicable federal, state and local requirements.

- Please refer to Scope of Work- Competency Requirements.

2.1.3.1 EXPERIENCE — The quotation shall include the following:

Note: To be considered responsive to this Request for Quotation, the Quoter will be considered only from quotes who are regularly established in the business called for, who are financially responsible, and able to show evidence of their reliability, ability, experience, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service. The Contractor shall be a Experience in contraction, installation, modification and programming of Air conditioning.

2.1.3.2 PAST PERFORMANCE — Past performance must be relevant and recent. Relevancy is similar hospital services’ projects and price. Relevant contracts include projects in a hospital environment with similar type of work and same price range. Relevancy is defined as performance within the last four (4) years through the solicitation release date. The contractor can identify contracts that include Federal, State, and local government and private for efforts similar to the Government requirement. The Government will take into account past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. The Government will consider this information, as well as information obtained from any other sources, when evaluating the quoter’s past performance.

2.1.3.2.1 Provide point of contact (references)

Note: Any quoter that does not submit one (1) relevant and recent past performance project will be considered non-responsive.

PART 3- Quote Preparation Instructions

3.1 To insure timely and equitable evaluation of quote, quoter’s must follow the instructions contained herein. Quoter’s are required to meet all solicitation requirements, including terms and conditions, representations and certifications. Failure to meet a requirement may result in an offer being ineligible for award and being considered non-responsive.

3.2 The quoter response shall consist of two (2) separate documents: Price quotation and Technical. Submit original and one electronic copy by email to the Contracting Officer;

Hector.lopez-burgos@va.gov.

3.3 All Quotations shall be submitted via regular e-mail or hand carried. E-mail will be accepted (PDF).

With No Sensitive Data but Requires Training

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

VA INFORMATION CUSTODIAL LANGUAGE:

a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

b. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

c. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

d. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

SECURITY INCIDENT INVESTIGATION:

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH:

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

SECURITY CONTROLS COMPLIANCE TESTING :

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day’s notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

TRAINING:

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Purchase and installation of new Walk in Cooler to be installed for the Pathology & Laboratory Service located in the first floor, Room A110A of the Main Building.

B.5 DELIVERY SCHEDULE

VA Caribbean Healthcare Systems Casia #10 San Juan, PR. 00921

Page 1 of

SECTION C - CONTRACT CLAUSES

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(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 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same…