RFP 36C24822R0045.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 33

36C24822R0045 12-07-2021

ELIZABETH RATCLIFF ELIZABETH.RATCLIFF@VA.GOV 12-13-2021

4:30 PM EST

36C248

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 8

8875 HIDDEN RIVER PKWY STE 525

TAMPA, FL 33637-2111

X 100

X

333415

1250 EMPLOYEES

N/A

36C673

ATTENTION: WAREHOUSE DEPARTMENT

DEPARTMENT OF VETERANS AFFAIRS

JAMES A. HALEY VETERANS' HOSPITAL

13000 BRUCE B. DOWNS BLVD

TAMPA, FL 33612-4745

36C248

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 8

8875 HIDDEN RIVER PKWY STE 525

TAMPA, FL 33637-2111

THIS IS ACCOMPLISHED THROUGH THE

TUNGSTEN NETWORK LOCATED AT:

HTTP://WWW.FSC.VA.GOV/EINVOICE.ASP

THIS IS MANDATORY AND THE SOLE METHOD

FOR SUBMITTING INVOICES

See CONTINUATION Page

COMPLETE AND SUBMIT ALL ITEMS LISTED IN SECTION D

& SECTION E FOR DETAILED INSTRUCTIONS.

QUESTIONS IN RESPONSE TO THIS SOLICITATION MAY BE EMAILED TO

ELIZABETH.RATCLIFF@VA.GOV NO LATER THAN 12:00 PM (EST)

ON FRIDAY, DECEMBER 10, 2021.

See CONTINUATION Page

X X

X 1

36C24822Q0217

TABLE OF CONTENTS

SECTION B - CONTINUATION OF SF 1449 BLOCKS ................ Error! Bookmark not defined.

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF NEED

SECTION C - CONTRACT CLAUSES

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

2018)

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

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 CONTRACTOR CERTIFICATION

D.2 COVID-19 VACCINE MANDATE EXPANSION

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (SEP 2021) . 24

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

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 Department of Veterans Affairs Network Contracting Office 8 8875 Hidden River Pkwy Ste 525 Tampa, FL 33637-2111

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

☒ 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

☐ 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly ☐

b. Semi-Annually ☐

c. Other ☒ After Receipt or Supplies or Equipment

4. GOVERNMENT INVOICING: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. This is mandatory and the sole method for submitting invoices. This is accomplished through the Tungsten Network located at VA’s Financial Services Center (FSC) e-Invoice Program.

SUPPORTING DOCUMENTS

VA FSC and Tungsten Vendor Guide E-Invoicing Guidelines E-Invoicing Training Frequently Asked Questions VA Acquisition Regulations Tungsten Pre-Registration Worksheet Tungsten Registration

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NUMBER DATE

https://www.fsc.va.gov/einvoice.asp https://www.fsc.va.gov/einvoice.asp https://www.va.gov/OAA/invoicing/docs/VA_Tungsten_OB10_Vendor_Guide_2014.pdf https://www.va.gov/OAA/invoicing/docs/E-Invoicing_Guidlines.docx https://www.va.gov/oaa/invoicing/docs/e-invoicing_training.docx https://www.va.gov/OAA/invoicing/docs/FAQs_OB10_Tungsten.docx https://www.gpo.gov/fdsys/pkg/FR-2012-04-18/pdf/2012-9269.pdf https://www.va.gov/OAA/invoicing/docs/Tungsten_Pre-Registration_Worksheet.xlsx https://www.va.gov/OAA/invoicing/docs/Registration_in_Tungsten.docx

B.2 PRICE/COST SCHEDULE ITEM INFORMATION

LINE DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT

0001 DURATHERM™

INDUCTION

CHARGER (DINEX)

MPN: DXDUR2083

1 EA

0002 WORKTOP FREEZER

(HOSHIZAKI)

MPN: WF48A-D4

0003 POD WORK CENTER

TABLE FOR

INDUCTION (DINEX)

MPN: DXP3CU-

CUSTOM

0004 CUSTOM CONDIMENT

TABLE FOR POD

(DINEX)

MPN: DXPDWT3060

0005 TRAY RACK

DISPENSER (DINEX)

MPN: DXPIDT1C1520

2 EA

0006 STORAGE/DRYING

RACK CAMBRO CAM

SHELVING (DINEX)

MPN:

CPMU213675DDPKG

0007 AIR CURTAIN

REFRIGERATOR -

RIGHT HANDED

(DINEX) MPN:

DXPACR15R

0008 AIR CURTAIN

REFRIGERATOR -

LEFT HANDED

(DINEX) MPN:

DXPACR15L

GRAND TOTAL

B.3 DELIVERY SCHEDULE

ITEM NUMBER QTY DELIVERY DATE

0001-

SHIP TO: James A. Haley Veterans' Hospital 13000 Bruce B. Downs Blvd Tampa, FL 34612-4745

ALL 3/26/2022

NOTES: NOT TO BE DELIVERED

BEFORE 3/26/2022

B.4 STATEMENT OF NEED

GENERAL: James A. Haley Veterans’ Hospital, 13000 Bruce B. Downs Blvd. Bldg. 100, Tampa, Florida 33612-4745, has a requirement for air curtain refrigerators, induction charger, serving counter, utility table, tray rack dispenser, storage/drying cart, and worktop freezer within nutrition food services.

BACKGROUND: The James A Haley Veterans’ Hospital, New Bed Tower is a brand-new inpatient tower and has a requirement for air curtain refrigerators, induction charger, serving counter, utility table, tray rack dispenser, storage/drying cart, and worktop freezer within nutrition food services.

PURPOSE: Air curtain refrigerators to keep food from main kitchen fresh, induction charger for heated bases to keep food ward, serving counter to prepare any beverages prior to putting in a tray, utility table to place any condiments necessary for each tray, tray rack dispenser to keep trays in one place, storage/drying cart to store any clean cart in the area, worktop freezer to keep frozen food at the regulated temperature. All equipment is required to prepare food for all patients in the New Bed Tower, Intensive Care Units (ICU) and Medical Surgical rooms.

SCOPE: James A Haley is requesting contractors provide brand name or equal equipment that meets or exceed the physical, functional and performance of the listed salient characteristics in this section. The equipment feature is essential to the technical requirements to meet the need of the government.

PHYSICAL CHARACTERISTICS: Equipment must have the physical characteristics to enable the government to perform the capabilities:

1. AIR CURTAIN REFRIGERATOR - RIGHT HANDED (DINEX) MPN: DXPACR15R

ACR Air Curtain Refrigerator, one-section, horizontal and vertical air flow, bottom mount self-contained refrigeration, accommodates: (15) 18" x 26" or (30) 14" x 18" trays, stainless steel tray slides, LED display, 270° swing left hinged insulated stainless-steel door with reverse feature, rear mounted tubular push handle with donut bumper, non-marking corner bumpers, (4) 5" casters with brakes, stainless steel, 1/2 HP, 120v/60/1-ph, 16 amps, NEMA-5-20P.

Specifications - Manufacturer: Dinex Color: Silver Compressor Location: Bottom

Depth (in): 36 Door Type: Solid Doors: Full Height (in): 77.25 Hertz: 60 Hinge Configuration: Right Interior Material: Stainless Steel No. of Doors: 1 Pan Capacity: 15 Phase: 1 Product: Reach-In Refrigerators Product Type: Commercial Refrigeration Refrigerant: R404A Sections: 1 Slide Spacing (in): 3 Slide Type: Bottom Load Special Features: Air Curtain Supports: Casters Thermometer Type: Digital Type: Reach In Voltage: 120 Width (in): 26 Weight : 606.90

2. AIR CURTAIN REFRIGERATOR - LEFT HANDED (DINEX) MPN: DXPACR15L

ACR Air Curtain Refrigerator, one-section, horizontal and vertical air flow, bottom mount self-contained refrigeration, accommodates: (15) 18" x 26" or (30) 14" x 18" trays, stainless steel tray slides, LED display, 270° swing left hinged insulated stainless-steel door with reverse feature, rear mounted tubular push handle with donut bumper, non-marking corner bumpers, (4) 5" casters with brakes, stainless steel, 1/2 HP, 120v/60/1-ph, 16 amps, NEMA-5-20P.

Specifications - Manufacturer: Dinex Color: Silver Compressor Location: Bottom Depth (in): 36 Door Type: Solid Doors: Full Height (in): 77.25 Hertz: 60 Hinge Configuration: Left Interior Material: Stainless Steel No. of Doors: 1 Pan Capacity: 15 Phase: 1 Product: Reach-In Refrigerators Product Type: Commercial Refrigeration Refrigerant: R404A Sections: 1

Slide Spacing (in): 3 Slide Type: Bottom Load Special Features: Air Curtain Supports: Casters Thermometer Type: Digital Type: Reach In Voltage: 120 Width (in): 26 Weight : 606.90

3. DURATHERM™ INDUCTION CHARGER (DINEX) MPN: DXDUR2083

This equipment heats up a “pellet” that is then placed under the china plate to keep the food on the plate hot while being delivered. This unit heats up 1 pellet at a time.

Induction Charger measuring 15-1/2"W x 18-1/8"D x 7"H, countertop, LCD display with audible alert, automatic standby/shutoff feature, washable filter, multi-lingual (French, Spanish, English), internal surge, stainless steel housing, 208V/60/3-ph, 20 amps, 6700 watts, NEMA L15-20P.

4. WORKTOP FREEZER (HOSHIZAKI) MPN: WF48A-D4

Engineered to maintain NSF-7 temperatures in 100°F ambient. Stainless steel exterior front, sides, and top with stainless steel interior sides, back, and floor. Front breathing air flow design. Cabinet and drawers are insulated with 2” CFC free, foamed in place polyurethane. Drawer slides are constructed of 16-gauge stainless steel with acetal rollers. Drawers will accommodate (1) 1/2 and (1) 1/3 size pans, 6” deep (pan by others) Extruded aluminum flush mount drawer handle. Magnetic drawer gasket is easily removable for cleaning. Enamel coated evaporator coil. Standard with 6” casters (two with brakes). Three-year parts and labor warranty. Five-year compressor warranty 8 ft. cord and plug. 115v/60/1-ph, 5.9 amps, standard.

5. POD WORK CENTER TABLE FOR INDUCTION (DINEX) MPN: DXP3CU-CUSTOM

DineXpress Serving Counter, Beverage is modular design with interlocking mechanism.

1" deep drain trough and grate fitted with 1/2" drain valve. Top is constructed of 14-gauge, 20-gauge stainless steel front and end panels, 18-gage stainless steel bottom shelf. Casters are mounted on 5" heavy duty, non-marking swivel casters 2 with brakes.

6. CUSTOM CONDIMENT TABLE FOR POD (DINEX) MPN: DXPDWT3060

Stainless steel construction. Adjustable feet. Adjustable Height undershelf. Custom Double Tier overhead shelf, 24 unvair bins. 8" dropdown work shelves with open base undershelf. 5" diameter swivel plate (2 with brakes).

7. TRAY RACK DISPENSER (DINEX) MPN: DXPIDT1C1520

Cantilever style facilitates more access to meal trays. Solid shelf, open tubular frame, cantilever single self-leveling tray platform, removable carrier, adjustable lifting rate.

Holds 100 trays. (4) 5"HD non-marking swivel casters (2 with brakes) & bumpers provides smooth maneuvering on wood, laminate, tile and thin carpeted surfaces. Max tray size – 15" x 20". Stainless steel construction and push handle.

8. STORAGE/DRYING RACK CAMBRO CAM SHELVING (DINEX) MPN:

CPMU213675DDPKG

Dome drying and storage rack. Mobile, 5-tier rack. 2 factory assembled mobile post kit stand 10 shelf traverses.10 dome drying cradles. 4 premium swivel casters with total locking brake. 100-dome capacity. Posts and Traverses: Internal steel core, reinforced polypropylene exterior. Post Connectors: Reinforced polypropylene. Drying Cradles:

High impact ABS material. Caster: Non-corrosive plastic body and brake with non-marking thermoplastic rubber wheel. Color: speckled gray (480).

TRAINING: Contractor is to provide a one-time training at installation of equipment (if applicable). Government will not require additional training.

WARRANTY OF EQUIPMENT: Government requirement for standard manufacturer industry warranty term. Government does not accept extended warranty, which requires advance payment. Warranty for the devices will be one (1) year.

SITE SECURITY: The Contractor is responsible for on-site security as necessary to ensure no unauthorized access to their work sites. The Contractor is 100% responsible for securing their working materials and equipment. Any damage to facilities or infrastructure, which happens due to a lack of security, will be the responsibility of the Contractor to correct.

HEALTH AND SAFETY: The Contractor shall be solely responsible for risk assessments, managing health, and safety issues associated with this project. The Contractor must provide cold water to all workers at the job sites. Based on hazard assessments, Contractors shall provide or afford each affected employee personal protective equipment (PPE) that will protect the employee from hazards. At a minimum PPE shall consist of eye protection, hard hats, and closed toe shoes

DELIVERY SCHEDULE: All items to be delivered after receipt of purchase order on 3/26/2022. Free On-Board Destination (FOB) destination pricing.

Normal workdays are Monday through Friday, 08:00am to 4:30pm except weekends and Federal Holidays (see list of holidays below). Delivery during Federal Holidays will not be accepted.

New Year’s Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day

DELIVERY: 13000 Bruce B. Downs Blvd. Bldg. 100, Tampa, FL 33612-4745

Shall provide evidential track record of like size work experience in Well System installation, removal, and maintenance of related components in healthcare, industrial, educational, or commercial facilities

Any materials brought onto Federal property must be UL approved and have SDS sheets on site for those products. The contractor will always maintain a binder with SDS sheets on site to verify what items are used and for safety reference. All contractor employees should have direct access to the binder to reference safety concerns. This binder is an inspection item if sites are visited by Environmental, OSHA or County inspectors.

Shall be responsible for delivery, off-loading and uncrating of all materials. All recyclable materials and debris shall be disposed of off-site. The contractor shall be responsible for inspecting shipments and replacing any damaged items during shipping. The COR shall also be made aware of issues and document discrepancies. If onsite recycling bins are available any materials will be coordinated with the COR prior to adding to any recycling bins or dumpsters.

Provide product/equipment details, specifications, warranties, and certifications (i.e., data plate specifications/results) to the COR. The warranty will detail preventative maintenance requirements and checklist items required by the owner for the warranty period. A copy of all materials will be provided to the COR; one (1) electronic copy and one (1) hard copy. Hard copy information shall be provided in a 3-ring binder format with tabs specific to the product details, specifications, warranties, and certifications.

(End of Statement of Need)

KITCHEN LAYOUT:

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 persons 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) Contractors 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)

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER

OCT 2020

(End of Addendum to 52.212-4)

C.3 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.

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

[X] 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.

[] 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.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[X] 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.

[X] 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.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records, or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be delivered to:

ATTN: Warehouse Department Department of Veterans Affairs James A. Haley Veterans’ Hospital (90c) 13000 Bruce B. Downs Blvd Tampa, FL 33612-4745

C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 CONTRACTOR CERTIFICATION

Date: ___________

Contractor Point of Contact: _______________

Business Name: _________________________

DUNS #: ______________________________

Solicitation Number: _____________________

Offerors are required to comply with 13 C.F.R. 125.6. Offerors are to check which applies block applies:

☐ I certify that no subcontractors are anticipated in performing services under this contract.

My Company receives 100% of the cost of this contract.

☐ I certify that my company and those subcontractors that are similarly situated are estimated to receive at least 50% of the value of this contract. I understand that a similarly situated subcontractor must meet the size standard for NAICS assigned by the prime and must be in certified in VIP. Please provide the following information to identify and calculate the cost of the work self-performed and what is subcontracted.

For each subcontractor provide the following information as follows:

1. Business Name

2. DUNS Number

3. Description of Work

4. % Cost of Contract.

1. BUSINESS

NAME

2. DUNS NUMBER 3. DESCRIPTION

OF WORK

4. VALUE OF

WORK IN %

WARNING: Pursuant to 13 C.F.R. 125.6(g) of the Code of Federal Regulations, concerning severe penalties for contractors that violate the "Limitations on Subcontracting” Rule. If caught during performance violating the FAR government subcontracting rules or limitations on subcontracting clause under the Code of Federal Regulations 13 C.F.R. 125.6(g), there can be stiff penalties: “Whoever violates the requirements set forth in paragraph (a) of this section shall be subject to the penalties prescribed in 15 U.S.C. 645(d), except that the fine shall be treated as the greater of $500,000 or the dollar amount spent, in excess of permitted levels, by the entity on subcontractors. A party's failure to comply with the spirit and intent of a subcontract with a similarly situated entity may be considered a basis for debarment on the grounds, including but not limited to, that the parties have violated the terms of a Government contract or subcontract pursuant to FAR 9.406-2(b)(1)(i) (48 CFR 9.406-2(b)(1)(i)).”

Contracting Officers may require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during the performance of the contract by having the Contractor provide invoices, copies of subcontracts, or a list of the value of tasks performed.

I certify the above representations are true and correct to the best of my knowledge.

Contractor Name Date

Return this certification via email to: elizabeth.ratcliff@va.gov.

mailto:elizabeth.ratcliff@va.gov

D.2 COVID-19 VACCINE MANDATE EXPANSION

VA is taking additional steps to keep Veterans, caregivers, VHA employees, volunteers, and contractors safe by expanding vaccination requirements to include Hybrid Title 38 and Title 5 VA health care personnel

Veterans deserve a fully vaccinated workforce and employees, who have given so much during this pandemic, deserve a safe workplace. The Secretary’s announcement expands the previous vaccine requirements to include psychologists, pharmacists, social workers, nursing assistants, physical therapists, respiratory therapists, peer specialists, medical support assistants, engineers, housekeepers and other VHA clinical and administrative employees, all of whom come into contact with patients and health care workers as part of their duties. The expansion also includes volunteers, contractors and trainees including students, residents, and fellows who work in or visit VHA facilities and have the potential for direct or indirect exposure to patients.

The continued surges in cases, hospitalizations, and deaths, largely attributed to the spread of the Delta variant among unvaccinated individuals, have made this decision necessary. As the Secretary noted in his message, we have already lost thousands of Veterans and hundreds of coworkers to COVID-19. We must do everything possible to protect Veterans and our staff from further infections, and vaccines remain the best way to do so. Contractor(s) are responsible for notifying their employees of the Safer Federal Workforce standards and protocols. Contractors may initiate a specific approach for following the safety guidance found on the Safer Federal Workforce Task Force Website Safer Federal Workforce Safer Federal Workforce. For example, the contractor may request to present a specific approach when providing support/services at VA Facilities, and this must be accomplished through the Contracting Officer.

The contractor will provide details of how they plan to verify that all individuals assigned to a VA contract have been vaccinated and meet the Federal Safer Workforce standards and protocols when performing at a VA Facility. This is not mandatory but to encourage the contractor to initiate this approach. It is offered as an example of options that have been offered by contractors doing business with other federal departments. Onsite contractors who enter a federal building or federally controlled indoor worksite are required to complete the OMB Certification of Vaccination Document: Certification of Vaccination Form.

Contractors should encourage their staff to complete the OMB Form and bring it with them when they are required to be onsite at a VA Facility, this will save time. The Form should not be emailed to the Contracting Officer.

For further information on the COVID-19 Vaccine Mandate and Safer Federal Workforce Task Force use the links below. See the Attached Certification of Vaccination for On-site Contractors and Visitors:

VHA Directive 1193, COVID-19 Disease Vaccination Program for Title 38 - Healthcare Personnel

Revised COVID-19 Safe Federal Workplace Agency Model Safety Principles 20210728 https://www.saferfederalworkforce.gov/ https://www.saferfederalworkforce.gov/ https://www.saferfederalworkforce.gov/downloads/CertificationVaccinationPRAv7.pdf https://lc.org/PDFs/Attachments2PRsLAs/080621VADirective1193.pdf https://lc.org/PDFs/Attachments2PRsLAs/080621VADirective1193.pdf https://www.saferfederalworkforce.gov/downloads/revised%20COVID19_Safe%20Federal%20Workplace_Agency%20Model%20Safety%20Principles_20210728.pdf

36C24822R0045

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (SEP

2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold.

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation numbers.

(2) The time specified in the solicitation for receipt of offers.

(3) The name, address, and telephone number of the offeror.

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.

(5) Terms of any express warranty.

(6) Price and any discount terms.

(7) "Remit to" address, if different than mailing address.

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically).

(9) Acknowledgment of Solicitation Amendments.

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the…