36C24820Q0869.pdf

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 64

36C24820Q0869 06-10-2020

VICTORIA ROBLES 407-646-4282 06-24-2020

2pm

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

X 100

X

541380

$16.5 Million

N/A

X

36C675

Department of Veterans Affairs Orlando VA Healthcare System 5201 Raymond

Orlando Fl 32803

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

Water Testing Legionella for the Orlando VA Medical Center

X X

36C24820Q0869

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...22

C.3 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 GENERAL INSTRUCTION TO OFFERORS

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (MAR 2020)

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 Victoria Robles

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon services rendered

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs 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:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

The Contractor shall provide all services in accordance with the Performance Work Statement.

BASE YEAR: 07-1-2020 through 06-30-2021

TOTAL PRICE FOR BASE YEAR: _________________

CLIN DESCRIPTION OF SERVICES QTY UNIT

UNIT

PRICE

TOTAL

PRICE

Water Testing (IAW PWS) Frequency:

Quarterly (10 hot / 10 Cold) Site: Lake Nona (Domiciliary / Bldg. 9)

80 EA

Water Testing (IAW PWS) Frequency:

Quarterly (10 Hot / 10 Cold) Site: Lake Nona (Community Living Center/Bldg 11)

EA

Water Testing (IAW PWS) Frequency:

Quarterly (10 Hot / 10 Cold) Site: Lake Nona Fisher House - Bldg 14

EA

Water Testing (IAW PWS) Frequency:

Random - As requested (10 Hot / 10 Cold) Site: Lake Nona Hospital Bldg 2

EA

Water Testing (IAW PWS) Frequency:

Quarterly (50 Hot / 50 Cold) Site: Lake Nona (Sleep Lab - Bldg 2)

EA

Water Testing (IAW PWS) Frequency:

Random - As Requested (10 Hot / 10 Cold) Site: Lake Nona Random Sampling (DOM, FH, CLC, Hospital, Sleep Lab)

EA

Water Testing (IAW PWS) Frequency:

Random - As Requested (10 Hot / 10 Cold) Site: Lake Baldwin DOM (519,520,521, 522, 519A)

Random - As Requested (10 Hot / 10 Cold) Site: Lake Baldwin Random Sampling (DOM)

EA

Water Testing (IAW PWS) Site: Lake Baldwin Cooling Towers (2ea)

EA

Water Testing (IAW PWS) Site: Lake Nona Cooling Towers and Water features (7ea)

EA

Water Testing (IAW PWS) Site:

Supplemental Maintenance Testing at COR request

EA

Water Testing (IAW PWS) Site: Lakemont Cooling Towers (2ea)

OPTION YEAR 1: 07-1-2021 through 06-30-2022

TOTAL PRICE FOR OPTION YEAR 1: _________________

UNIT

PRICE

TOTAL

PRICE

Water Testing (IAW PWS) Frequency:

Quarterly (10 hot / 10 Cold) Site: Lake Nona (Domiciliary / Bldg. 9)

80 EA

Water Testing (IAW PWS) Frequency:

Quarterly (10 Hot / 10 Cold) Site: Lake Nona (Community Living Center/Bldg 11)

EA

Water Testing (IAW PWS) Frequency:

Quarterly (10 Hot / 10 Cold) Site: Lake Nona Fisher House - Bldg 14

EA

Water Testing (IAW PWS) Frequency:

Random - As requested (10 Hot / 10 Cold) Site: Lake Nona Hospital Bldg 2

EA

Water Testing (IAW PWS) Frequency:

Quarterly (50 Hot / 50 Cold) Site: Lake Nona (Sleep Lab - Bldg 2)

EA

Water Testing (IAW PWS) Frequency:

Random - As Requested (10 Hot / 10 Cold) Site: Lake Nona Random Sampling (DOM, Random - As Requested (10 Hot / 10 Cold) Site: Lake Baldwin DOM (519,520,521, 522, Random - As Requested (10 Hot / 10 Cold) Site: Lake Baldwin Random Sampling (DOM)

EA

Water Testing (IAW PWS) Site: Lake Baldwin Cooling Towers (2ea)

EA

Water Testing (IAW PWS) Site: Lake Nona Cooling Towers and Water features (7ea)

EA

Water Testing (IAW PWS) Site:

Supplemental Maintenance Testing at COR request

EA

Water Testing (IAW PWS) Site: Lakemont Cooling Towers (2ea)

OPTION YEAR 2: 07-1-2022 through 06-30-2023

TOTAL PRICE FOR OPTION YEAR 2: _________________

PRICE

TOTAL

PRICE

Water Testing (IAW PWS) Frequency:

Quarterly (10 hot / 10 Cold) Site: Lake Nona (Domiciliary / Bldg. 9)

80 EA

Water Testing (IAW PWS) Frequency:

Quarterly (10 Hot / 10 Cold) Site: Lake Nona (Community Living Center/Bldg 11)

EA

Water Testing (IAW PWS) Frequency:

Quarterly (10 Hot / 10 Cold) Site: Lake Nona Fisher House - Bldg 14

EA

Water Testing (IAW PWS) Frequency:

Random - As requested (10 Hot / 10 Cold) Site: Lake Nona Hospital Bldg 2

EA

Water Testing (IAW PWS) Frequency:

Quarterly (50 Hot / 50 Cold) Site: Lake Nona (Sleep Lab - Bldg 2)

EA

Water Testing (IAW PWS) Frequency:

Random - As Requested (10 Hot / 10 Cold) Site: Lake Nona Random Sampling (DOM, Random - As Requested (10 Hot / 10 Cold) Site: Lake Baldwin DOM (519,520,521, 522, Random - As Requested (10 Hot / 10 Cold) Site: Lake Baldwin Random Sampling (DOM)

EA

Water Testing (IAW PWS) Site: Lake Baldwin Cooling Towers (2ea)

EA

Water Testing (IAW PWS) Site: Lake Nona Cooling Towers and Water features (7ea)

EA

Water Testing (IAW PWS) Site:

Supplemental Maintenance Testing at COR request

EA

Water Testing (IAW PWS) Site: Lakemont Cooling Towers (2ea)

OPTION YEAR 3: 07-1-2023 through 06-30-2024

TOTAL PRICE FOR OPTION YEAR 3: _________________

PRICE

TOTAL

PRICE

Water Testing (IAW PWS) Frequency:

Quarterly (10 hot / 10 Cold) Site: Lake Nona (Domiciliary / Bldg. 9)

80 EA

Water Testing (IAW PWS) Frequency:

Quarterly (10 Hot / 10 Cold) Site: Lake Nona (Community Living Center/Bldg 11)

EA

Water Testing (IAW PWS) Frequency:

Quarterly (10 Hot / 10 Cold) Site: Lake Nona Fisher House - Bldg 14

EA

Water Testing (IAW PWS) Frequency:

Random - As requested (10 Hot / 10 Cold) Site: Lake Nona Hospital Bldg 2

EA

Water Testing (IAW PWS) Frequency:

Quarterly (50 Hot / 50 Cold) Site: Lake Nona (Sleep Lab - Bldg 2)

EA

Water Testing (IAW PWS) Frequency:

Random - As Requested (10 Hot / 10 Cold) Site: Lake Nona Random Sampling (DOM, Random - As Requested (10 Hot / 10 Cold) Site: Lake Baldwin DOM (519,520,521, 522, Random - As Requested (10 Hot / 10 Cold) Site: Lake Baldwin Random Sampling (DOM)

EA

Water Testing (IAW PWS) Site: Lake Baldwin Cooling Towers (2ea)

EA

Water Testing (IAW PWS) Site: Lake Nona Cooling Towers and Water features (7ea)

EA

Water Testing (IAW PWS) Site:

Supplemental Maintenance Testing at COR request

EA

Water Testing (IAW PWS) Site: Lakemont Cooling Towers (2ea)

OPTION YEAR 4: 07-1-2024 through 06-30-2025

TOTAL PRICE FOR OPTION YEAR 4: _________________

AGGREGATE TOTAL PRICE FOR BASE AND ALL OPTIONS: __________________________

PRICE

TOTAL

PRICE

Water Testing (IAW PWS) Frequency:

Quarterly (10 hot / 10 Cold) Site: Lake Nona (Domiciliary / Bldg. 9)

80 EA

Water Testing (IAW PWS) Frequency:

Quarterly (10 Hot / 10 Cold) Site: Lake Nona (Community Living Center/Bldg 11)

EA

Water Testing (IAW PWS) Frequency:

Quarterly (10 Hot / 10 Cold) Site: Lake Nona Fisher House - Bldg 14

EA

Water Testing (IAW PWS) Frequency:

Random - As requested (10 Hot / 10 Cold) Site: Lake Nona Hospital Bldg 2

EA

Water Testing (IAW PWS) Frequency:

Quarterly (50 Hot / 50 Cold) Site: Lake Nona (Sleep Lab - Bldg 2)

EA

Water Testing (IAW PWS) Frequency:

Random - As Requested (10 Hot / 10 Cold) Site: Lake Nona Random Sampling (DOM, Random - As Requested (10 Hot / 10 Cold) Site: Lake Baldwin DOM (519,520,521, 522, Random - As Requested (10 Hot / 10 Cold) Site: Lake Baldwin Random Sampling (DOM)

EA

Water Testing (IAW PWS) Site: Lake Baldwin Cooling Towers (2ea)

EA

Water Testing (IAW PWS) Site: Lake Nona Cooling Towers and Water features (7ea)

EA

Water Testing (IAW PWS) Site:

Supplemental Maintenance Testing at COR request

EA

Water Testing (IAW PWS) Site: Lakemont Cooling Towers (2ea)

B.3 PERFORMANCE WORK STATEMENT

LEGIONELLA PNEUMOPHILA TESTING OF DISTAL WATER POINTS

The following Performance Work Statement (PWS) sets forth the general requirements for providing on-site Legionella Water Testing for Orlando VA Medical Center (OVAMC).

1. General: This requirement is for a contractor to provide quarterly on-site testing services for quarter for OVAMC. This is a non-personnel services contract. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The contractor shall have the technology and know-how to efficiently and effectively manage the service in its entirety. Contractor shall have the capability to support testing quantity increase.

2. Description of Services: Perform Legionella Pneumophila water testing of 10 hot and 10 cold water distal points at the following sites:

3. Certifications: Contractor’s laboratory shall be certified by the Centers for Disease Control and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) program as proficient at performing the culture of Legionella from environmental samples.

Contractor shall culture samples in accordance with standard methods for Legionella isolation by culture consistent with certified CDC-ELITE recommended guidelines. Contractor must have the capability for all recovered Legionella isolates to be properly stored for at least 6 months to ensure availability if molecular characterization is required.

a. The laboratory shall provide a report indicating the analytical results for each sample submitted.

b. Results shall be calculated in terms of colony forming units (CFU)/ml.

c. Detection limit must be 0.1 CFU/ml

d. All samples shall be properly preserved, and protocol records kept for final QA/QC.

i. The laboratory must be certified by the Centers for Disease Control and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) Program as proficient at performing the culture of Legionella from environmental samples and participate in an external quality assessment/proficiency testing program for Legionella isolation. The laboratory shall be accredited for Legionella isolation by culture isolation as a field of testing.

4. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month optional performance periods. The Period of Performance reads as follows:

Base Year: July 1, 2020 thru June 30, 2021 Option 1: July 1, 2021 thru June 30, 2022 Option 2: July 1, 2022 thru June 30, 2023 Option 3: July 1, 2023 thru June 30, 2024 Option 4: July 1, 2024 thru June 30, 2025

5. Place of Performance: Orlando Veterans Affairs Medical Center, Lake Baldwin 5201 Raymond St. Orlando, FL 32803 & Lake Nona 13800 Veterans Way Orlando, Florida 32827.

6. Hours of Operation: Normal hours of Operation are 7:00 a.m. to 5:00 p.m. (EST), Mondays through Fridays, excluding federal holidays unless otherwise required in the contract or approved by the Contracting Officer Representative (COR). However, the contractor shall have to capability and agree to respond to agency need in instances where services are needed outside of normal hours of operation to include weekend and holidays.

7. Recognized Holidays: The following are federal holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

8. Specific Task/Requirements:

8.1. The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary in the performance of this requirement. Testing shall be in ISO 9001:2008 Certified Laboratory and follow ISO 11731:1998 (E) Testing standards. The contractor is responsible for the following:

8.1.1. Sample Collection: Contractor shall provide all materials necessary to collect and preserve samples that are destined to the commercial laboratory for testing. These materials include those items that are dictated by and in compliance with the collection requirements of the commercial laboratory.

8.1.2. Sample Preparation, Storage, and Protection: Contractor shall be responsible for preparing storing and protecting samples according to in a manner conducive with industry practice.

8.1.3. Transportation: Contractor will ensure samples arrive at the lab within the shortest time possible, and no later than 72 hours after sample collection. Contractor shall provide all necessary supplies for samples to be transported from the government’s originating facility to the Contractor’s laboratory. These supplies shall include, but may not be limited to:

1) Shipping and packaging containers. These containers should be insulated to ensure samples stay within required temperature range during shipping.

2) Required labels and packaging materials for shipping samples via courier

8.1.4 Specimen Testing: The Contractor and/or subcontractor shall perform Culture testing for the presence of Legionella bacteria in water samples. The contractor shall determine the species of Legionella bacteria, if detected.

8.1.4.1 All reference laboratory testing shall be executed in accordance with Standard industry practices and performed only by a laboratory certified by the Centers for Disease Control and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) program as proficient at performing the culture of Legionella from environmental samples.

OVAMC

SITE

BLDG / DEPT QTY

HOT

WATE

R

QTY

COLD

WATE

R

FREQ YR

Total Hot/Col d

Lake Nona

(LN)

No. 9 / Domiciliary 10 10 Quarterly 80

Lake Nona No.11 / Community Living Center

10 10 Quarterly 80

Lake Nona No. 14 Fisher House 10 10 Quarterly 80

Lake Nona Water Features (3ea)/ Cooling Towers (CEP, 4ea.)

7 Quarterly 28

Lake Baldwin

Cooling Towers (CEP, 2ea) 2 Quarterly 8

Lakemont Cooling Towers (2ea) 2 Quarterly 8

Lake Baldwin

(LB)

No. 519, 520, 521, 522, 519A 10 10 Quarterly 80

LN / LB Random Samples (No. 9, 11, 14, 519, 520, 521, 522, 519A)

10 10 Quarterly 80

Lake Nona No. 2 (Bed Tower/ Sleep Laboratory)

50 50 Quarterly 400

Lake Nona Random No. 2 (Bed Tower/ Sleep Laboratory)

10 10 Quarterly 80

LN/LB Supplemental testing by COR Request

210 210 As needed

Combined Total:

Samples

8.1.4.2. The Contractor shall provide the minimum and maximum turnaround times (from collection to reporting). The contractor shall ensure the accurate and timely performance of laboratory testing services.

8.1.5. Reporting Test Results: A report of laboratory testing results must be issued either A printed final copy or through email to the designated COR. However, in unusual circumstances where electronic delivery is not possible, the Contractor shall deliver the reports without an additional charge by expedited overnight courier shipping, mailing and/or transportation services by hand within 24 hours, or by telephone facsimile to a protected machine identified to the Contractor by the VA.

8.1.5.1. Each test report shall, at minimum, include the following: Submitting facility name

Submitting facility account number Test(s) ordered

Date/time of sample collection (when available) Date/time test completed

Test result

Flagged abnormal results

Name and address of testing laboratory

8.1.6. Positive Test (PT): PTs shall be immediately communicated by telephone/email to the COR or a designated government contact person(s) upon verification of the critical test results.

The telephonic report shall be followed by an electronic transmission.

9.0. Services Summary

Required Services

(Tasks)

Performance

Standards

Acceptable

Quality Levels

Methods of Surveillance

Quarterly Sample collection, preparation, storage, protection, transport, testing

100% 100% 100%

Inspection

Random Sample collection, preparation, storage, protection, transport, testing

100% 100% 100%

Inspection

Reporting (Collect, analyze and report data)

100% 100% 100%

Inspection

Positive Test Notification 100% 100% 100% Inspection

10. Special qualifications: The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations, in connection with the execution of the work.

11. Identification of Contractor Employees: All contract 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 that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. All contractor personnel shall have a contractor issued personal identification and shall be displayed while at government facility and while performing work under this contract.

12. Key Personnel: The contractor will identify one remote full-time manager or supervisor during all scheduled working hours to ensure compliance with the contract specifications.

Additionally, key personnel must be able to respond to agency need in instances where services are needed outside of normal hours of operation to include weekend and holidays. The Contractor shall furnish the COR contact information (phone number, e-mail, etc.) for key personnel.

12.1. Any personnel the contractor offers as substitutes shall have the ability and qualifications equal to or better than personnel being replaced. Substitution of key personnel shall be submitted to the COR and CO within 14 calendar days prior to making any change in key personnel. The request shall be written and provide a detailed explanation of the circumstances necessitating the proposed substitution.

13. Uninterrupted Performance: The Contractor must at all times maintain an adequate workforce and resources for the uninterrupted performance as outlined in this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. The contractor shall be responsible for all means, methods, techniques, sequences and procedures, and for coordinating all portions of the work under the contract except where otherwise specified in the contract documents. The contractor shall, at all times, enforce strict discipline and good order among the contractor employees on the site, and shall not employ any unfit person or unskilled in the work assigned to him/her. Removal of any contractor employee from the worksite who endangers persons or property does not reduce the contractor’s obligation to perform services.

14. Post Award Conference/Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings may occur at any Orlando VA Medical Center facility or at the contractor’s office location and shall be at no additional cost to the government. Unless otherwise directed by Contracting Officer teleconference is an acceptable method of conducting meetings.

15. Contracting Officer Representative (COR): The COR will be identified by separate letter.

The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. Contractor will maintain open communication. Contractor will respond to government query prior to the close of business day in which the inquiry is made.

16. Contract Discrepancy report (CDR). In cases where the Contractor does not satisfactorily perform services the COR shall issue a CDR to the contractor. The Contractor shall sign the form and state what corrective actions he/she will take to resolve the deficiency. A copy of the signed form will be maintained by the COR and a copy will be forwarded the contracting officer.

If the same deficiency continues, there may be cause for an official meeting to be conducted among the Contractor, Contracting Officer and the COR to address the issue. A mutual effort will be made to resolve all problems identified. The COR will prepare written minutes of the meeting within 72 hours after each meeting. The minutes will be signed by the Contractor, Contracting Officer, and COR. If the Contractor does not achieve satisfactory performance by the agreed suspense date, a second CDR will be issued and payment may be withheld until satisfactory performance is achieved. A third CDR may result in a Cure Notice being issued.

However, the Contracting Officer may issue a Cure Notice at any time he/she deems appropriate.

17. McNamara-O’Hara Service Contract Act (SCA) of 1974 as amended: Contractor shall review and comply with the SCA. The Act requires contractors and subcontractors performing services under this contract to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates contained in a predecessor contractor’s collective bargaining agreement. There is no current collective bargaining agreement for this requirement. Contractor shall identify by occupational code and title all labor categories that subject to the SCA as amended.

18. Invoices. Submit monthly through OB10 Submit for all orders made during a billing period. Invoices, at a minimum, must include:

a. Company name and address

b. Invoice date and number

c. Contract number, contract line item number and, if applicable, the order number

d. Description, quantity, unit of measure, unit price, extended price, total price, discount (if any).

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

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

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

and

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

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

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

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

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

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

(End of Clause)

C.3 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran owned small business concern or SDVOSB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov);

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(2) “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart

819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted.

For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of Clause)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components.