36C24822Q1609_1.docx

36C24822Q1609

GENERAL INFORMATION

Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Suite 525 Tampa FL 33637

POINT OF CONTACT*

Contract Specialist David Hernandez david.hernandez1@va.gov 813-893-3904

PLACE OF PERFORMANCE

13000 Bruce B Downs Blvd

TAMPA FLORIDA

ADDITIONAL INFORMATION

DESCRIPTION

Services: James A. Haley Veterans Hospital Loading Dock Doors/Frame Replacement This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes only the solicitation; quotes are being requested and a written solicitation will not be issued.

Document 36C24822Q1609 is being issued as a request for quotation (RFQ).

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-04, effective Jan 15, 2020.

This requirement is set-aside for Service Disabled Veterans Owned Small Businesses (SDVOSB) The NAICS code for this requirement is 238290 with a small business size standard of $16.5 million.

Description of requirements for the items to be acquired: Brief description. See attached SOW Performance Period: 12 months.

All services are to be delivered to James A Haley Veterans Hospital (JAHVH), 13000 Bruce B Downs Blvd, Tampa, FL 33612-4745. As a part of delivery and acceptance the FOB point is destination.

The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and offers must fill out price/cost schedule attached. Offerors must submit their technical and management approach that pertains to the PWS.

The provision at 52.212-2, Evaluation -- Commercial Items, will not be used. See attached Evaluation -basis for award – Comparative Evaluation.

To be eligible for award offerors, MUST be actively registered in the following databases. System for Award Management: https://www.sam.gov and Vet Biz: https://www.vetbiz.gov in accordance with the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and no additional addenda to the clause included.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition and no additional FAR clauses cited in the clause are applicable to the acquisition.

The following additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are as follows: FAR 52.252-2, VAAR 852.237-70, VAAR 852.215-70 All quoters are required to certified with signature the 852.219-77 clause that is on page 24 in order for the quote to be considered.

A site-visit will be facilitated for on: August 22nd, at 10 AM, will be meeting in the main entrance of the Spinal Cord building across from the Parking Garage.

James A Haley Veterans Hospital (JAHVH), 13000 Bruce B Downs Blvd, Tampa, FL 33612-4745 Point of contact (site-visit): Daniel Holdridge email: daniel.holdridge@va.gov

If questions are received, an amendment to this solicitation will be posted publicly to the Federal Business Opportunity website (www.fbo.gov) with answers and clarifications. Questions/RFI’s can be sent electronically to david.hernandez1@va.gov on August 24th at 10:00 AM. Questions received after 10: 00 AM on August 24th may not receive an answer.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice The date, time and place quotes are due: August 29th at 4:00 PM EST. Vendors shall submit quotes to the contracting specialist via: david.hernandez1@va.gov

Combined Synopsis/Solicitation Notice

Table of Contents

James A. Haley Veterans Hospital Loading Dock Doors/Frame Replacement SOW

I. INTRODUCTION:

Contractor shall provide all labor, tools, materials, and special equipment necessary to replace 3 sets of Loading Dock Double Doors/Frames, Electronic panic bars, Magnetic holders, Auto door open/closer. New doors will need to function the same as existing. Service will be provided at the Logistics Loading Dock bldg. 1, James A. Haley Veterans Hospital (JAHVH), 13000 Bruce B Downs Blvd. Tampa Florida 33612. It is highly recommended that the Contractor Visit the work site and verify all existing conditions, measurements, equipment, and include all such implications in the proposal

Building 1

· Door 1-G-2C, West side

(1) Rough Opening 86”W x 86”H

(1) A60 Hollow metal door pair - Includes 1-16ga Frame and 2-18ga Doors with 24" x 32" lite kits

(1) Von Duprin SVR Exit device - EL.HH.9927.L.F.626.4ft.RHR..SNB

(1) Von Duprin SVR Exit device - EL.HH.9927.LBE.F.626.4ft.RHR..SNB

(2) Von Duprin Power transfers

(2) Select-Hinges Full surface continuous Geared Hinge

(1) Record Dual automatic operator - 8100 Series

(2) BEA LZR Sensors - LZRFLATSCAN

(1) BEA Logic module

(1) NGP Threshold - 896V

(2) Perimeter Weatherstrip - 160V

(2) NGP Brush door sweeps

(2) NGP Brush astragals – Model 600

· Door 1-5-2D, Kitchen

(1) Rough Opening 87-1/2”W x 87-1/2”H (1)A60 Hollow metal door pair - Includes 1-16ga Frame and 2-18ga Doors with 24" x 32" lite kits

(2) Von Duprin Power transfers

(2) Select-Hinges Full surface continuous Geared Hinge

(1) Record Dual automatic operator - 8100 Series

(2) BEA LZR Sensors - LZRFLATSCAN

(1) BEA Logic module

(1) NGP Threshold - 896V

(2) Perimeter Weatherstrip - 160V

(2) NGP Brush door sweeps

(2) NGP Brush astragals – Model 600

· Door 1-G-5D, East side

(1) Rough Opening 86-1/2”W x 86-1/2”H

(1) A60 Hollow metal door pair - Includes 1-16ga Frame and 2-18ga Doors with 24" x 32" lite kits

(1) Von Duprin SVR Exit device - EL.HH.9927.L.F.626.4ft.RHR..SNB

(1) Von Duprin SVR Exit device - EL.HH.9927.LBE.F.626.4ft.RHR..SNB

(2) Von Duprin Power transfers

(2) Select-Hinges Full surface continuous Geared Hinge

(1) Record Dual automatic operator - 8100 Series

(2) BEA LZR Sensors - LZRFLATSCAN

(1) BEA Logic module

(1) NGP Threshold - 896V

(2) Perimeter Weatherstrip - 160V

(2) NGP Brush door sweeps

(2) NGP Brush astragals – Model 600

The requirements above are hereafter referenced as “Loading Dock Door/Frame Replacement”. The Contractor shall perform to the standards in this contract. This Statement of Work (SOW) requires the work to be performed by qualified Contract Professionals, and they will hereafter be referred to as “Contractors.” The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved service personnel for each model the Contractor services at the JAHVH to the Contracting Officer and/or the COR within 10 days after kick off and an NTP to start performance. Contractor shall revise the worker credentials documentation whenever service personnel are assigned or re-assigned to the JAHVH. The Contracting Officer or COR reserve the right to request authentication of factory training certificates or credentials from the Contractor at any time for any personnel who are servicing JAHVH equipment. The contractor will not require access to VA sensitive information, therefore the “Certification and Accreditation” (C&A) requirement in accordance with (IAW) VA Handbook 6500.6 Contract Security does not apply, No PHI/PII or sensitive information.

Definitions/Acronyms/Abbreviations:

a) Central Utility Plant (CEP) - Maintains the VA utility infrastructure: Steam distribution piping/Chilled water distribution piping/Utilities/Electrical Substations/Electrical distribution system/Power Generation.

b) Contracting Officer (CO) – VA official with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

c) Contracting Officer's Representative (COR) – VA official responsible for providing contract oversight and technical guidance to the Contracting Officer. Responsibilities include certification of invoices, placing orders for service, providing technical guidance, overseeing technical aspects of the contract. All administrative functions remain with the Contracting Officer.

d) Contractor –refers to both the prime Contractor and his/her employees, and any sub-contractor and their employees.

e) FSE – Field service engineer

f) Fixed-price contract- is a type of contract that provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract.

g) NICET – National Institute for Certification in Engineering Technology

h) National Fire Protection Association (NFPA) - is a United States trade association, albeit with some international members, that creates and maintains private, copyrighted standards and codes for usage and adoption by local governments.

i) Quality Assurance Surveillance Plan (QASP) – an organized written document used for quality assurance surveillance. The document contains specific methods for performing surveillance of the Contractors continuous performance.

j) Quality Control and Quality Control Plan (QCP) – Those actions taken by the Contractor to control the production of goods or services so they will meet the requirements of the contract.

k) Statement of Work (SOW) - is a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes.

l) Weekends, Holidays, Evenings and Nights Hours – WHEN

m) JAMES A. HALEY Veterans Hospital - (JAHVH)

References:

a) NFPA 70, National Electric Code

b) NFPA 70E, Standard for Electrical Safety in the Workplace

c) NFPA 99, Health Care Facilities Code, Latest Edition

d) NFPA 101, Life Safety Code, Latest Edition

e) FBCB, Florida Build Code, Building

f) The Joint Commission Accreditation Manual for Hospitals, Latest Edition.

g) OSHA Standard 29 CFR Part 1910, Subparts: I, J, P, Q & S.

h) OSHA Standard 40 CFR Part 82 Subpart F – Recycling and Emissions Reduction

i) OSHA - Safety and Health Regulations for Construction Part 1926 Subpart K - Electrical

j) Operating/Maintenance manuals and specifications of all components of identified Door systems. The JAHVH will not provide service manuals or service diagnostic software to the contractor. The Contractor shall obtain, have on file, and make available to its FSE all operational and technical documentation (such as: OEM Preventative Maintenance check lists, operational and service manuals, schematics, and parts lists), which are necessary to meet the performance requirements of this contract.

II- SCOPE

Due to COVID -19 all contractors will be required to be pre-screened at the VA and wear arm bands and mask given during screening prior to entry to Bldg. 1. This PPE is always required to be properly worn while inside the main facility, no exceptions.

Upon completion of the “Loading Dock Door/Frame Replacement” the Contractor shall provide a hard copy (1) and CD (1) of the final report. The final report will be issued with 21 business days following site departure. This report shall include but not be limited to:

Each report shall include the name of the contractor, name of Field Service Engineer (FSE), date, time (starting and ending), equipment downtime, hours of labor, and the room number where equipment is located. The service designee and the FSE attesting to the equipment’s condition and is functioning at an acceptable level of performance shall sign this report. The contractor shall sign out at the designated location before leaving. NOTE: Failure to furnish a report or obtain a signed copy of the service report could result in delay of payment or non-payment. The COR or alternate COR in the using service has the authority to approve/request a service call from the contractor.

Loading Dock Door/Frame Replacement:

a. Site work will commence with a meeting of Project Manager the COR/Building Maintenance Supervisor. The purpose of this meeting will serve to address the following items as may be appropriate.

b. Review facility/site safety regulations and lockout/tagout procedures.

c. Contractor shall provide active means to prevent airborne dust from dispersing into atmosphere by containment, wiping and/or water misting ceiling or wall surfaces where installations will take place. HEPA vacuums are acceptable.

d. Installation shall follow all applicable sections of the NFPA Code. This includes, but is not limited to NFPA 70, 2022 edition, NFPA 72, 2022 edition, and NFPA 101, 2021 edition

e. Performance Standard: Contractor shall ensure that the equipment functions in conformance with the latest published edition of OSHA, NFPA, NEC, FBCB and the original equipment manufacturer (OEM) specifications.

f. The start-up and shut-down schedule will be discussed and agreed upon by both the VA and Contractor prior to the start of any on-site work

g. Verify VA furnished requirements is accurate. It is the contractor's responsibility to determine existing conditions and to base the door/frame replacement on this information. Also, the contractor shall review all existing drawings (If provided by the VAMC) and determine those required to be used for this project, to insure no systems deficiencies.

h. Coordinate inspection activities with other outage events

A. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a Kickoff meeting or advised the contractor that a kickoff meeting is waived.

B. PERIOD OF PERFORMANCE

This shall be a firm-fixed price contract. Period of performance will be from the date of award through twelve (12) months or less. All doors cannot be worked at the same time due to the busy area they are located. Once work has started on any door, 2 weeks are given to complete that door.

C. CHANGES TO THE STATEMENT OF WORK (SOW)

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder with all other products of the project. Costs incurred by the contractor through the actions of parties other than CO shall be borne by the contractor.

D. PERFORMANCE REQUIREMENTS:

1. Contractor shall provide the necessary personnel and equipment to meet or exceed required service. Contractor shall have the following responsibilities:

a) Provide licensed and trained personnel to perform the project in the State of Florida.

b) Provide all supervision, labor, and materials to complete all requirements described in this SOW.

c) Contractor shall obtain all necessary licenses and permits required to perform this work required by this SOW, with each having completed the Occupational Safety & Health Administration (OSHA) approved 10-hour Construction Outreach Training or General Industry Outreach training.

d) Contractor shall insure that all areas where equipment is serviced under this contract are left in a clean, neat, and orderly condition.

e) Contractors shall have technical training and evident track records of working experience in Maintenance and Testing of manufacture specified equipment all identified in the SOW and related components in healthcare, industrial, educational, or commercial facilities for a minimum of five (5) years.

f) Contractors shall possess and utilize all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform all work safely, effectively, and timely (i.e., vendor uniform, face mask, steel toe boots and safety glasses). Tools, equipment, and PPE shall comply with OSHA Standard 29 CFR 1910, (Subpart I), and NFPA 70E. Prior to initiating work, the Contractor shall provide documentation demonstrating that all instruments, test equipment, tools, and PPE possess current calibration and safety inspections. Dated calibration and safety inspection labels shall be visible on all equipment as applicable

g) All features, components and accessories must meet ANSI 156.19 standards and ULC and UL approved and comply with ANSI 117.1 and the Low Energy Operator section of ADA

h) Contractors shall maintain project schedule agreed upon in the purchase order documents.

i) Contractors shall ensure employees shall have background checks completed.

2. Contractor’s Minimum Requirement

a) The contractor shall provide a dedicated Account Manager to supervise all delivery of services per scope.

b) The contractor shall always be escorted by a VA employee when conducting maintenance at all facilities.

E. DELIVERABLES

The Contractor shall perform the services necessary to complete the tasks in accordance with the procedures described in a timely and professional manner, consistent with industry standards, at the location, place and time that the VA has set aside, and all in accordance with the SOW.

Contactor shall provide a copy of the inspection document used (field report) on the day of each performed inspection.

G. PERFORMANCE HOURS

Normal workdays are Monday through Friday, First Shift: 8:00am to 5:00pm to include weekends and Federal Holidays. Contractor shall perform all work during first & second shifts to include weekends, when possible, but shall perform any work that will affect patient care systems during times that will be the least disruptive (WHEN hours) when required by the COR. Contractor shall remove all parts and debris daily from the JAHVH Campuses work site, and contractor is responsible for a complete daily clean-up and debris removals until inspections are completed. Contractor shall submit a daily report of progress on the project to the COR or authorized personnel.

1. Government normal duty hours are from 0800-1700, Monday through Friday, excluding Federal holidays. There are eleven Federal Holidays as follows:

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

3. All work that is to be completed during WHEN hours will be done at no extra cost to the government.

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

- Door 1-G-2C

(1) A60 Hollow metal door pair - Includes 1-16ga Frame and 2-18ga Doors with 24" x 32" lite kits

(1) Von Dupring SVR Exit device - EL.HH.9927.L.F.626.4ft.RHR..SNB

(1) Von Dupring SVR Exit device - EL.HH.9927.LBE.F.626.4ft.RHR..SNB

(2) Von Duprin Power transfers

(2) Select-Hinges Full surface continuous Geared Hinge

(1) Record Dual automatic operator - 8100 Series

(2) BEA LZR Sensors - LZRFLATSCAN

(1) BEA Logic module

(1) NGP Threshold - 896V

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: Z1DZ - Maintenance of Other Hospital Buildings

- Door 1-5-2D

(2) Von Duprin Power transfers

(2) Select-Hinges Full surface continuous Geared Hinge

(1) Record Dual automatic operator - 8100 Series

(2) BEA LZR Sensors - LZRFLATSCAN

(1) BEA Logic module

(1) NGP Threshold - 896V

(2) Perimeter Weatherstrip - 160V

(2) NGP Brush door sweeps

(2) NGP Brush astragals – Model 600

Contract Period: Base POP Begin:

POP End:

- Door 1-G-5D

(1) Von Dupring SVR Exit device - EL.HH.9927.L.F.626.4ft.RHR..SNB

(1) Von Dupring SVR Exit device - EL.HH.9927.LBE.F.626.4ft.RHR..SNB

(2) Von Duprin Power transfers

(2) Select-Hinges Full surface continuous Geared Hinge

(1) Record Dual automatic operator - 8100 Series

(2) BEA LZR Sensors - LZRFLATSCAN

(1) BEA Logic module

(1) NGP Threshold - 896V

(2) Perimeter Weatherstrip - 160V

(2) NGP Brush door sweeps

(2) NGP Brush astragals – Model 600

Contract Period: Base POP Begin:

POP End:

B.2 DELIVERY SCHEDULE

Tampa, FL 33612 4745

USA

1.00

813-972-2000 ext7610 daniel.holdridge@va.gov

Tampa, FL 33612 4745

1.00

Tampa, FL 33612 4745

1.00

STATEMENT OF WORK (SOW)

Page 1 of

Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for 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 FAR 32.608-2 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 PRODUCTS AND COMMERCIAL SERVICES 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 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

(End of Clause)

C.3 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

(End of Clause)

C.4 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

(End of Clause)

C.5 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

(a) The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

(c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

(End of Clause)

C.6 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

(a) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use shall not be deemed an acceptance of any work under the contract.

(b) While the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

(End of Clause)

C.7 52.236-12 CLEANING UP (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

(End of Clause)

C.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause) C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

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

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned 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…