36C24918Q9602-001.docx

36C24918Q9602

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

614-19-1-5069-0019 36C24918Q9602 08-16 -2018 David Milner 615-225-6543 08-31-2018 12:00pmCT 90C Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 X X 811219 $15 Million N/A X Department of Veterans Affairs Memphis VAMC 1030 Jefferson Ave Memphis TN 38104 90C Department of Veterans Affairs Network Contracting Office - 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 The Memphis VAMC requires a contractor to service the HVAC controls which includes repair, maintenance and corrections to the current Building Automation Control (BAC) system.

PLEASE NOTE: THIS REQUIREMENT IS A SDVOSB SET ASIDE.

THE CONTRACTOR MUST BE REGISTERED IN VETBIZ.GOV TO BE

CONSIDERED FOR AWARD.

See Addendum to 52.212-1 for instructions on submitting questions and quotes. Quoters shall address Limitations on Subcontracting and provide past performance history.

614-3690162-5069-854100-2580 010055590 X X Table of Contents

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 36C249 Christina B. Smith Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

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

3. INVOICES: Invoices shall be submitted in arrears:

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

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

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

Page 1 of

B.2 STATEMENT OF WORK

A. STATEMENT OF WORK – GENERAL INFORMATION

INTRODUCTION – This requirement is for HVAC Controls Service Contract which includes Repair, maintenance and corrections to the current Building Automation Control (BAC) system.

The contract will be executed at the:

Memphis VA, Medical Center 1030 Jefferson Ave Memphis, TN 38104-2127.

BACKGROUND – The facility currently has a BAC which operated 80 air handlers, 2500 VAV or other room temperature control devices, 9 chillers, 8 cooling towers 35 Direct Expansion (DX) units and 30 pumps. Routine and emergency maintenance is required for the BAC to operate efficiently and reliably. The BAC controls the Heating Ventilation and Air-conditioning systems for the entire medical site. The controls system is complex and has over 1,000 of control points, inputs, and outputs with in the medical facility. Sensor and calibration failures and automation controls require frequent maintenance. The HVAC systems will not run efficiently or fail completely without proper controls maintenance. A failure will create an unhealth environment for patient care.

SCOPE OF WORK – The Contractor shall furnish all labor, supervision, and material to maintain the Building Automation System at the Memphis VA Medical Center.

B. STATEMENT OF WORK - SPECIFICS

EQUIPMENT IDENTIFICATION:

a) Contractor shall furnish all necessary travel, labor, materials, tools, documentation, parts, equipment, quality control, and supervision necessary for the inspection, (7 days per week, 24 hours per day) support of the equipment, software, and accessories (listed in the Schedule of Equipment) required for 1(one) Service Technician mandatory on-site, 2 (two) days per week (Tuesdays and Thursdays), for 2 (two) full 8 (eight) hour days, to provide maintenance, support, troubleshooting, programming, replacement parts and service of the existing (BAS), network, controls and software which include:

1. Siemens Talon Control System

2. Siemens Talon/ Niagara Front End

3. Siemens Talon Network Managers

4. Siemens Talon BACnet Controllers

5. Siemens Talon Field Devices (stats, variable speed drives, actuators, dampers, valves)

6. Johnson Controls Inc. (JCI)

7. Network Manager Controllers

8. JCI BACnet Controllers

9. JCI Field Devices (stats, controllers, variable speed drives, actuators, dampers, valves)

10. JCI Pneumatic Controllers included

11. JCI Legacy products and software (PMI NCM)

12. Distech BACnet Controllers & Associated field devices (stats, controllers, variable speed drives, actuators, dampers, valves)

13. Schneider BACnet Controllers & Associated field devices (stats controllers, variable speed drives, actuators, dampers, valves)

14. Tridium Niagara BAS front end controls.

C. DEFINITIONS/ACRONYMS:

a) VAMC - Department of Veterans Affairs Medical Center at 1030 Jefferson Ave., Memphis, TN 38104, Maintenance and Operations Supervisor or designated staff (138) telephone number (901) 523-8990 ext. 5043 or 5033, Building #1 room BWG-4, VAMC.

b) CO - Contracting Officer

c) COR- Contracting Officer's Representative, designated as an Engineering Staff Member.

d) PM - Preventative Maintenance. Services that are periodic in nature and are required to maintain the equipment in such condition that is may be operated in accordance with its intended design and functional capacity with minimal incidence of inoperative conditions.

e) FSE - Field Service Employee. A fully qualified individual who is authorized by the contractor to perform maintenance (corrective and preventive) services on the VAMC premises as defined in the terms of this contract.

f) ESR- Engineering Service Report (Service Tickets). Documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

g) Acceptance Signature - Signature by VAMC employee who indicted FSE demonstrated service conclusion/status and the equipment user has accepted work as complete/pending as stated in ESR.

h) Authorization Signature - COR's signature: indicates COR accepts work status as stated ESR.

D. CONFORMANCE STANDARDS:

a) Contract service shall insure that the equipment functions in conformance with the specifications used when the equipment was procured by the VAMC and any upgrades/updates as well as following the LATEST published standards/codes/specifications/regulations:

1. Manufacturer's service operators specifications,

2. Joint Commission for the Accreditation of Healthcare Organizations (Joint commission),

3. National Fire Protections Agency 2000 (NFPA-00),

4. Original Equipment Manufacturer (OEM),

5. American Hospital Association (AHA),

6. American Society for Hospital Engineering (ASHE),

7. American Society of Heating Refrigeration, and Air Conditioning Engineers (ASHRAE),

8. Institute of Electrical and Electronic Engineers (IEEE),

9. And Memphis VAMC standard operating procedures, and any other Federal, State, and Local regulations.

E. HOURS OF COVERAGE

a) Normal VAMC working hours are Monday through Friday, 8:00am to 4:30pm, excluding Federal Holidays.

b) Federal Holidays observed by the VAMC are:

1. New Year's Day

2. Martin Luther King Day

3. President's Day

4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Veteran's Day

9. Thanksgiving Day

10. Christmas Day

c) Normal hours of coverage of this contract are 7 days per week, 24 hours per day. All PM's shall be performed from 08:00 AM to 4:30 PM during normal working hours, unless previously cleared with the COR.

d) Emergency repair service needed outside normal work hours shall be authorized by the COR.

Note: Repairs will be scheduled and performed during normal working hours. The contractor shall ensure that repairs be made upon the written request by designated equipment operators with a copy of the request going to the Contracting Officer Representative (COR). An e-mail notification is acceptable. Any repairs that would include costs outside of this contract must be approved by the COR to avoid an unauthorized commitment by the Government.

e) Contractor must provide the COR with the means to request and receive, at any hours of any day of the week, prompt emergency telephone support from an FSE within two (2) hours of the COR's request. This emergency call back service shall be provided as requested at no additional charge to the VAMC. Failure to resolve an emergency with telephone support will require a response by the FSE within two (2) hours of the request by the COR.

F. UNSCHEDULED MAINTENANCE AND REPAIR SERVICES:

a) Contractor shall maintain the equipment in accordance with the specifications listed in, Conformance Standards, by returning failed components of a system to full operational capacity. The contractor shall provide these repair services which may consist of calibrating, cleaning, oiling, adjusting, replacing parts failed, broken or worn beyond usefulness, and maintaining the equipment, including all intervening calls necessary between regular services and calibrations. Repair shall be carried out with the objective of minimizing downtime.

b) Failed controls components such as BAS Network Managers, BACnet Controllers and Field Devices must be replaced with compatible parts products as to communicate with the existing Siemens Talon BAS. Any failed Pneumatic Controls must be upgraded to a direct digital controller upon the written approval and direction from the Contracting Officer Representative (COR) and Contracting Officer (CO) since some replacements may involve additional costs to the government.

Response Time: Contractor's FSE must respond with a phone call to the COR, or designated equipment operators with two (2) hours after receipt of telephoned notification. If the problem cannot be corrected by the phone or remote access, the FSE shall commence work (on-site physical response) within two (2) hours after receipt of and shall proceed progressively to completion without undue delay. Administrative areas that do not work afterhours can be addressed during the normal business hours but no later than 24 hours after notification.

G. PARTS:

a) Only new parts shall be installed by the Contractor. Rebuilt or used parts shall not be installed without the approval of the COR.

H. SERVICE MANUALS:

VAMC Memphis shall provide service manuals or service diagnostic software for the Contract to the Contractor as required. The contractor shall have on file, and make available to its FSE all operational and technical documentation (such as: operational and Service manuals, schematics, and parts lists) which are necessary to meet the Performance requirements of this contract.

I. TEST EQUIPMENT:

As detailed in Competency of Personnel Servicing Equipment, the Contractor shall provide the COR with a copy of the current calibration certification of all test Equipment, which are to be used on the VAMC's equipment. This certification shall also be provided on periodic basis when requested by the COR. Test Equipment calibrations shall be traceable to national standard.

J. REPORTING REQUIREMENTS:

a) The Contractor or FSE shall be required to report to the COR or designated equipment user in room BWG-1A prior to and after any work is performed, and obtain a VA badge while on property every day that is required to complete the job. This check in is mandatory. Currently the FSE will be required to enter the following information into the log:

1. Current Date

2. Name of FSE

3. Name of Contractor

4. Equipment Being Serviced

5. ESR Number

6. Time In

7. Time Out

b) The FSE shall document services rendered on a properly completed ESR When service is completed, as required in Documentation/Reports.

K. DOCUMENTATION/REPORTS:

a) Documentation in the forms of ESRs must be furnished to the COR or designated equipment user for all scheduled and unscheduled maintenance performed by the Contractor. Payment will not be certified if proper documentation is not provided.

b) The documentation shall include detailed descriptions of the scheduled and unscheduled maintenance, including replaced parts and procedures performed required to maintain the equipment in accordance with Conformance Standards. Each ESR must, at a minimum, document the following data legibly and in complete detail:

I. Name of Contractor

2. Name of FSE who performed services

3. Contractor service ESR number/log number

4. Date, time (starting and ending), equipment downtime and hours on site for service call.

5. Description of problem reported by COR/user

6. Identification of all equipment serviced: device name/description, device locations, manufacturers name, model number, serial number and other identification numbers.

7. Itemized description of service performed and parts replaced.

8. Results of calibration and/or performance testing

9. Signatures:

· FSE performing services described

· Acceptance signature as described in Definitions/Acronyms

L. REPORTING REQUIRED FOR SERVICES BEYOND THE CONTRACT

SCOPE

The Contractor shall immediately, but not later than twenty-four (24) hours after Discovery, notify the COR, IN WRITING of the existence or the development of any defects in, or repairs required to the schedule of equipment which the Contractor considers not to be responsible for under the terms of the Contract. The Contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs.

M. INITIAL CONTRACTOR INSPECTION AND SUBMITTALS

a) Equipment placed under maintenance contract for the first time shall be subject to inspection by the Contractor. Within a (30) day period after award of the contract, the contractor shall reject any equipment deemed to be obsolete or in poor operating condition.

N. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT

a) Each respondent must have an established business, with a local office and a full-time staff within 60 miles of site. Respondent shall have the following minimum number of service technicians employed by the local office: 3 Chiller Technicians, 3 General Mechanical Technicians, 3 Controls Technicians

b) The Contractor shall have three (3) years of successful experience in fully maintaining the full schedule of equipment for this contract. This staff must include a minimum of three (3) "fully qualified" FSEs, who shall serve as the primary technician and back up for the servicing of the items listed on the schedule of equipment. "Fully Qualified" is based upon training and on experience in the field. For training, the FSEs must have successfully completed a formalized Tridium Niagara training program and received certification from the Siemens Talon Headquarters or a third party with equal training certification program for Tridium Niagara products. The FSEs must have a minimum of three (3) years performing preventative maintenance and equipment repairs on Siemens Talon Building Technologies or Tridium Niagara products. The FSEs must have the ability to program in METASYS, Johnson Controls, Siemens, Distech, & Snyder controls with Niagara front end graphics. The FSEs must have the ability to troubleshoot components, network and diagnose programming issues.

c) The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs. The COR may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel. The Government reserves the right to reject any of the Contractor's personnel and refuse them permission to work on VAMC equipment.

d) The Contractor shall have at least two (2) qualified technician(s) capable of servicing the full schedule of equipment for this contract. The contract includes 2 (two) full 8 (eight) hour days during the week, on-call during afterhours and holidays with an escalation process if further assistance is needed.

O. CONTRACTOR SAFETY REQUIREMENTS

a) The contractor must have a Personal Protective Equipment (PPE) Policy that addresses minimum PPE hard hat, cut resistant gloves, safety glasses, work boots with leather uppers and rubber soles and task-specific PPE requirements.

b) The contractor must have an Electrical Safety Policy that addresses the specific PPE and arc/flash protection required when performing work on live electrical equipment (meets NFPA 70E).

c) Work on Live circuits above 24 volts requires the Facility Director’s permission.

d) The contractor must have a daily pre-job hazard assessment process

P. SOFTWARE SUPPORT

Siemens Talon software upgrades will be provided and installed under this contract.

Q. IDENTIFICATION, PARKING, SMOKING AND VAMC REGULATIONS IDENTIFICATION

The Contractor's FSE shall abide by all VAMC station policies and requires. The Contractor's FSEs shall wear visible identification always while on the premises of the VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VAMC Police/Security Service, room CE127. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any building at the VAMC. Possession of weapons is prohibited. Enclosed containers, including took kits, shall be subject to search. Violations of VAMC regulations may result in a citation answerable in the United States Federal District Court, not a local district, state, or municipal court.

All contractor/vendor personnel shall display a VAMC Memphis issued identification badge while performing work on any VAMC Memphis property. Contractors can review the VA shop drawings for reference as required. All drawings are the property of the VAMC and will be returned to the COR when job is finished. Contractor and their staff are not permitted to take any pictures or videos of VA equipment while on VA property. The contractor's staff will check in with the VA police to receive a VA work badge or from the COR as required for the job. The contractor's staffs that work on VA property are required to complete the TMS training for working on VA property prior to work stating on VA property. Contractor must provide training certificates to the COR for all staff on site. This training is good for one year must be maintained current while contractor is onsite performing this job.

R. SYSTEMS SERVICES SCHEDULE

1. BAS

· Verify all programming schedules.

· Verify all programming/control routines

· Verify communications

· Verify interface with all end devices

· Verify customer access to the system

2. POWER SUPPLY

· Check Battery (Battery replacement not covered)

3. CONTROL PANELS

· Check for proper mounting

· Secure all wiring & wire duct covers.

· Check power supply/surge protector

· Check/tighten electrical connections and terminals

4. DATABASE/ SOFTWARE

· Verify BAS opens with software command

· Verify graphics are operational

· Verify set points are as customer designated

· Verify e-mail service is functioning

· Verify time-sync service is functioning

· Verify weather service is functioning

· Check alarms in the alarm console. Clear alarms in the alarm console when issue is resolved with the equipment operator’s acknowledgement.

· Back-up station, Copy Station, Database save

5. DIGITAL SENSORS

· Check all zone and system sensors for proper range of temp Check all zone sensors for proper range of temperature.

S. COMPLETE INSPECTION REPORTS AND REVIEW WITH COR

1. Contractor will be able to review the VA shop drawings for reference as required to complete this work. Return any shop drawings to the COR once the work has been completed. Contractor and their staff are not permitted to take any pictures, videos or drawings of any type. The contractor’s staff will check in with the VA police to receive a VA work authorization badge. The badge must be worn facing forward and above the waistline. The contractors staff are required to wear the VA issued badge at all times while on VA premises.

T. TRAINING:

1. The contractors staff (those who will be on VA property working) will be required to complete the TMS (VA 20939) training prior to the work beginning. The contractor will either personally bring the training certificates or E-mail the certificates to the COR so they can be kept on file for one year.

2. You must ensure each contract employee self-enrolls for a profile on the VA TMS by visiting https://www.tms.va.gov/plateau/user/login.jsp. Once there, employees should follow the steps below to create a profile, launch the mandatory training, and complete the content prior to their next day at VA.

3. Upon completion by all employees, the contractor shall provide their Contracting Officer Representative with each employee’s printed certificate of completion from the TMS. This certificate displays the employee’s TMS User ID.

4. The TMS training is only good for one year and the contractor is responsible to ensure their staff or persons who will be working on VA property are current.

U. SECURITY

1. The Authorization requirements do not apply, and that a Security Accreditation Package is not required.

V. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

c Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

4. SECURITY INCIDENT INVESTIGATION

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

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

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

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

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

HVAC Building Automation Controls Maintenance, Preventative Maintenance and Repairs per the Statement of Work.

Contract Period: Base POP Begin: 10-01-2018 POP End: 09-30-2019

HVAC Building Automation Controls Maintenance, Preventative Maintenance and Repairs per the Statement of Work.

Contract Period: Option 1 POP Begin: 10-01-2019 POP End: 09-30-2020

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.1 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)

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two (2) years.

(End of Clause)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.6 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

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

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

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

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

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

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

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

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause) C.7 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE. (JUL 2018)

LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE

(a) This solicitation includes 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 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.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.9 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Tennessee. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause) (End of Addendum to 52.212-4)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [X] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii)…