36C25020Q0636.docx

36C25020Q0636

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

610-20-4-6159-0062 36C25020Q0636 08-03-2020 Olalekan Ismail 317-988-1527 08-07-2020 12:00 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240 X X 561621 $22 Million N/A X Department of Veteran Affairs VA Northern Indiana Health Care System 2121 Lake Avenue Fort Wayne IN 46805 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240

Department of Veterans Affairs Financial Management System P O Box 149971 Austin TX 78714-9971 512-242-7300 N/A See CONTINUATION Page The Contractor shall provide labor to test and diagnose malfunctions of all Fire Alarm Systems for the Fort Wayne & Marion Campus of V.A. Northern Indiana Health Care System.

See CONTINUATION Page 610-3600162-6159-850300-2580 010040176 X X One(1) Kristina L. Gandy Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

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

[X] 52.232-33, Payment by Electronic Funds Transfer [] 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management, or [] 52.232-36, Payment by Third Party

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.

5. SUBMISSION OF OFFER:

a. Offerors shall complete and return all information designated in:

3.) The Price/Cost Schedule, Section B 4.) 52.212-1, Instructions to Offerors--Commercial Items 5.) Quote Submission Information, Section E 6.) 52.212-3, Representations and Certifications, or valid completion in SAM is acceptable Information shall be received prior to the date and time specified in Block 8 of SF 1449 in order to be considered for award.

Sealed offers will be received at the address specified in Block 9 of SF 1449 or, if hand-carried, to Olalekan Ismail at 8888 Keystone Crossing, Suite 1100, Indianapolis IN 46240

b. By submission of an offer, the offeror acknowledges the requirement that the prospective awardee shall be registered in the System for Award Management (SAM) database prior to award. Offerors who are not registered in SAM should consider applying for registration immediately. Registration in SAM is a requirement to conduct business with the Federal Government. If the prospective awardee is not registered in SAM within the timeframe specified by the Contracting Officer, the successful offeror may be removed from further consideration for award. Offerors can register in SAM at https://www.sam.gov.

c. Simplified Acquisition Procedures of FAR 12 and 13 are being used to conduct the procurement.

d. Offeror must be certified in the SAM representations and certifications in FAR 52.212-3 that the firm meets the small business size standard for the NAICS Code assigned to the procurement.

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

AMENDMENT NO DATE

B.2 PRICE SCHEDULE

36C25020Q0636

Page 1 of Page 1 of Description: Contractor shall provide all labor, materials and instruments to test and diagnose malfunctions of all Fire Alarm Systems for Marion and Fort Wayne Campus of V.A. Northern Indiana Health Care System of

Schedule of Services:

Base Year: September 1, 2020 through August 31, 2021

(Marion 67, Fort Wayne 24)

(Marion 100 Fort Wayne 32

(Marion 9, Fort Wayne 0)

(Marion 18 Fort Wayne 11)

(Marion 64, Fort Wayne 21)

(Marion 0, Fort Wayne 1)

(Marion 425, Fort Wayne 1124

(Marion 51, Fort Wayne 47)

(Marion 20, Fort Wayne 8)

(Marion 20, Fort Wayne 8)

(Marion 305, Fort Wayne 117)

(Marion 400, Fort Wayne 121)

(Marion 48, Fort Wayne 8)

(Marion 57, Fort Wayne 20)

Base Year Total

Option Year One (1): September 1, 2021 through August 31, 2022

(Marion 67, Fort Wayne 24)

(Marion 100 Fort Wayne 32

(Marion 9, Fort Wayne 0)

(Marion 18 Fort Wayne 11)

(Marion 64, Fort Wayne 21)

(Marion 0, Fort Wayne 1)

(Marion 425, Fort Wayne 1124

(Marion 51, Fort Wayne 47)

(Marion 20, Fort Wayne 8)

(Marion 20, Fort Wayne 8)

(Marion 305, Fort Wayne 117)

(Marion 400, Fort Wayne 121)

(Marion 48, Fort Wayne 8)

(Marion 57, Fort Wayne 20)

Base Year Total

Option Year Two (2): September 1, 2022 through August 31, 2023

(Marion 67, Fort Wayne 24)

(Marion 100 Fort Wayne 32

(Marion 9, Fort Wayne 0)

(Marion 18 Fort Wayne 11)

(Marion 64, Fort Wayne 21)

(Marion 0, Fort Wayne 1)

(Marion 425, Fort Wayne 1124

(Marion 51, Fort Wayne 47)

(Marion 20, Fort Wayne 8)

(Marion 20, Fort Wayne 8)

(Marion 305, Fort Wayne 117)

(Marion 400, Fort Wayne 121)

(Marion 48, Fort Wayne 8)

(Marion 57, Fort Wayne 20)

Base Year Total

Option Year Three (3): September 1, 2023 through August 31, 2024

(Marion 67, Fort Wayne 24)

(Marion 100 Fort Wayne 32

(Marion 9, Fort Wayne 0)

(Marion 18 Fort Wayne 11)

(Marion 64, Fort Wayne 21)

(Marion 0, Fort Wayne 1)

(Marion 425, Fort Wayne 1124

(Marion 51, Fort Wayne 47)

(Marion 20, Fort Wayne 8)

(Marion 20, Fort Wayne 8)

(Marion 305, Fort Wayne 117)

(Marion 400, Fort Wayne 121)

(Marion 48, Fort Wayne 8)

(Marion 57, Fort Wayne 20)

Base Year Total

Option Year Four (4): September 1, 2024 through August 31, 2025

(Marion 67, Fort Wayne 24)

(Marion 100 Fort Wayne 32

(Marion 9, Fort Wayne 0)

(Marion 18 Fort Wayne 11)

(Marion 64, Fort Wayne 21)

(Marion 0, Fort Wayne 1)

(Marion 425, Fort Wayne 1124

(Marion 51, Fort Wayne 47)

(Marion 20, Fort Wayne 8)

(Marion 20, Fort Wayne 8)

(Marion 305, Fort Wayne 117)

(Marion 400, Fort Wayne 121)

(Marion 48, Fort Wayne 8)

(Marion 57, Fort Wayne 20)

Base Year Total

Base Year

Option Year One (1)

Option Year Two (2)

Option Year Three (3)

Option Year Four (4)

Aggregate Total

B.3 STATEMENT OF WORK

THE INSPECTION AND TESTING OF ALL FIRE ALARM SYSTEMS, DEVICES AND AUTOMATIC SPRINKLER SYSTEMS

1. MAINTENANCE OF SERVICE:

Fire Alarm:

The Contractor shall provide labor to test and diagnose malfunctions of all Fire Alarm Systems for the Fort Wayne Campus of V.A. Northern Indiana Health Care System of Buildings-1, 2, 3, 4, 5, 6, 7, 16 and MRI building.

Contractor shall provide labor to test and diagnose malfunctions of all Fire Alarm Systems for the Marion Campus of V.A. Northern Indiana Health Care System of Buildings-2, 5, 6, 8, 9, 12, 15-127 (Same Alarm Panel), 16, 17, 41, 47, 49, 51-53(Same Alarm Panel), 55, 65, 76, 79, 124, 138, (The new pact building is considered an extension of building 138) 172-175 (Same Alarm Panel), 173, 174, 185, and 1301-3004(Same Alarm Panel).

Sprinkler:

Contractor shall provide labor and materials to diagnose and repair malfunctions on all Automatic Sprinkler Systems for the Fort Wayne Campus of V.A. Northern Indiana Health Care System of Buildings-1, 2, 4, and MRI building. These sprinkler systems are Wet with a small antifreeze system located on the dock area of the basement of building-1.

Contractor shall provide labor and materials to diagnose and repair malfunctions on all Automatic Sprinkler Systems for the Marion Campus of V.A. Northern Indiana Health Care System of Buildings-2, 5, 6, 8, 9, 12, 51-53(Same Sprinkler System), 47, 49, 65, these sprinkler systems are Dry. Buildings-16, 55, 76, 124, 138, 172, 174, and 185, these sprinkler systems are Wet. There are a total of 20 wet sprinkler risers in Fort Wayne and 2 Antifreeze. There are a total of 56 wet sprinkler risers in Marion, 1 antifreeze, and 7 dry systems.

2: INSPECTIONS/TESTS:

Annual inspections for all fire alarm systems will be determined by Environmental Health and Safety Department. Inspection dates shall be scheduled in advance with the Environmental Health and Safety Department. All inspections shall be completed, and written reports shall be submitted within thirty (30) days to Environmental Health and Safety Department. Any critical deficiencies found shall be reported immediately to the Safety Officer and Chief of Engineering. Annual testing/inspections will consist of the following:

a. During the annual testing the Fire Alarm Contractor shall test 100% of the fire alarm initiating devices and shall conduct an operational test of each device on the Fire Alarm System including a trouble test (supervisory) of one device on each zone (circuit).

Smoke detector sensitivity testing shall be performed during this inspection every year. The contractor shall verify correct operation of all annunciator panels, all summoning bells, all smoke dampers, all door holders, and all audio/visual devices related to or connected to the fire alarm system, sliding vertical and horizontal fire doors, and the Network System. All inspections and tests shall be in accordance with the most current Editions of National Fire Protection Association (NFPA 72) (Pulling information from the new Siemens fire alarm panel is acceptable).

During the Semi-annual/Annual inspection and testing, the Sprinkler Contractor shall conduct inspections which shall include a complete walk through of all accessible areas of sprinkled buildings and all required testing on all Automatic Sprinkler Systems. If areas are inaccessible the contractor shall contact the Engineering Department for access. All inspections and tests shall be completed and documented in accordance with the most current Editions of NFPA 25. Semi-annual/Annual Sprinkler Test shall consist of flowing, testing, and documenting all flow switches, testing and documenting tamper devices, check all fire department connections and document results, check all post indicator valves and document results and conduct and document the quarterly main drain tests.

The annual flow test shall be conducted on the Fire Pump in Bldg-1 at the Fort Wayne Campus. This shall be completed and documented in accordance with the most current Editions of NFPA 25. This shall be completed during the month of November.

b. Example of testing schedule:

BUILDINGS 172, 175, AND 185

ANNUAL INSPECTIONS AND TESTING OF ALL FIRE ALARM SYSTEMS, DEVICES, AND AUTOMATIC SPRINKLER SYSTEMS

SEMI-ANNUAL INSPECTIONS AND TESTING OF THE AUTOMATIC SPRINKLER SYSTEMS

BUILDINGS 138 AND 174

ANNUAL INSPECTIONS AND TESTING OF ALL FIRE ALARM SYSTEMS, DEVICES, AND AUTOMATIC SPRINKLER SYSTEMS

SEMI-ANNUAL INSPECTIONS AND TESTING OF THE AUTOMATIC SPRINKLER SYSTEMS

BUILDINGS 1, 2, 3, 4, 5, 6, 7, 16 AND MRI BUILDING (FT WAYNE)

ANNUAL INSPECTIONS AND TESTING OF ALL FIRE ALARM SYSTEMS, DEVICES, AND AUTOMATIC SPRINKLER SYSTEMS

SEMI-ANNUAL INSPECTIONS AND TESTING OF THE AUTOMATIC SPRINKLER SYSTEMS

BUILDINGS 15/127, 16, 17, 55, AND 124

ANNUAL INSPECTIONS AND TESTING OF ALL FIRE ALARM SYSTEMS, DEVICES, AND AUTOMATIC SPRINKLER SYSTEMS

SEMI-ANNUAL INSPECTIONS AND TESTING OF THE AUTOMATIC SPRINKLER SYSTEMS

ANNUAL INSPECTIONS AND TESTING OF ALL FIRE ALARM SYSTEMS, DEVICES, AND AUTOMATIC SPRINKLER SYSTEMS

BUILDINGS 41, 79, 173, AND 1301-3004

ANNUAL INSPECTIONS AND TESTING OF ALL FIRE ALARM SYSTEMS, DEVICES

3. BUILDING SPRINKLER INSPECTION/TESTING/MAINTENANCE AND PROCEDURES:

Sprinkler Flow Alarms - The Sprinkler Contractor shall do the following:

1. Run water through all flow switches and verify all codes are clear and correct.

2. Check time delay on all flow switches. Time delay shall not exceed 90 seconds per NFPA 72. Record the time delay for alarm in the report that consolidates Fort Wayne Campus: Buildings-1, 2, 4, and MRI Building. Marion Campus: Buildings-2, 5, 6, 8, 9, 12, 16, 55, 76, 79, 124, 138, 172, 174, and 185 water flow devices.

3. Record pressure gauge reading with the test drain valve completely closed and also when drain is wide open. Readings from previous tests shall be listed on the report for comparison purposes.

Any significant differences found shall be reported to Safety Officer and Chief of Engineering.

4. The first year of the contract period shall include 5-year sprinkler system testing including: internal obstruction investigation, valves, valve components, strainers, filters, orifices, check valves. Risers must be included in the first year of the contract.

5. Semi-annual sprinkler system testing, including, but not limited to flows, tampers, main drain testing with quarterly main drain testing at Marion and Fort Wayne campuses.

4. SUPERVISORY SIGNALS:

a. The Fire Alarm Contractor shall open fire alarm device circuits to verify trouble signal actuates. Every hardwired initiating circuit shall be tested for wiring supervision during each inspection. The method shall be by disconnecting one device per circuit in each building. Different devices are to be disconnected for supervision testing each inspection.

b. The Sprinkler Contractor shall check the operation of all supervisory controls on all Post Indicator valves. Verify closing valves procedures a trouble signal to the Fire Alarm Control Panel.

c. The Sprinkler Contractor shall check the operation of all supervisory controls on all sprinkler/standpipe shut off valves. All control valves must be exercised in the fully closed and fully open position. Verify closing valves produces a supervisory signal to the Fire Alarm Control Panel.

5. SMOKE DETECTORS, DUCT SMOKE DETECTORS, SMOKE DAMPERS:

a. Activate smoke detectors and duct smoke detectors using the manufacturers recommended procedures for testing. Magnetic test switch methods are not acceptable. Approved Smoke Substitute must be used to verify smoke can enter the smoke chambers at all times.

b. Verify correct operation of mechanical equipment (i.e., fan shutdown) when appropriate devices are activated. Duct detectors shall shut down the AHU in which it is connected.

c. The exterior shall be cleaned using industry-approved process and material. The exterior of the screen and chamber shall be cleaned using non-electrostatic vacuum, specifically designed to prevent damage to the smoke detector.

d. Verify correct operation of elevator recall when lobby smoke detectors and elevator shaft smoke detectors are activated (Fort Wayne Campus: Building-1, Marion Campus: Buildings-12, 16, 51, 55, 138, 172, 174, and 185). Elevators shall function in accordance with ANSI A17.1. Repairs required on the elevator equipment are not covered in this contract. Elevator technician or specialist will be on site for assistance.

e. Elevator shaft dampers shall open, and smoke wall dampers shall close as set up in alarm sequence operation.

6. ELECTROMAGNETIC DOOR HOLDERS:

Verify correct operation of door holders when alarm conditional exists. All smoke doors shall close on the floor in which the alarm was initiated. Report any doors that do not close properly to the Safety Officer and Chief of Engineering.

7. AUDIO/VISUAL DEVICES:

Verify that all audio/visual devices are operational. Strobes shall flash in unison with the audible signal and continue to flash March time until the Fire Alarm Control Panel is reset.

8. ANNUNCIATOR PANEL:

Fire Alarm & Sprinkler Contractors shall verify that all alarms (flow, smoke and manual) correspond to the correct zone in which the device was initiated.

9. PREVENTATIVE MAINTENANCE:

Annual preventative maintenance shall be performed on the system. Preventative maintenance shall include:

a. Smoke detectors, control panels, and all elevator shaft detectors shall be cleaned as needed. Any smoke detector that fails sensitivity shall be cleaned and retested.

10. NETWORK SYSTEM:

Fort Wayne Campus: Simplex Fire Alarm Control 4100 Network System shall be checked to verify proper operation and to verify that alarm and trouble conditions are received at Building-1, Room-15, and the contracted Monitoring Company.

Marion Campus: KFCi King-Fisher Company Inc., Model KFRA-C and Model KF-PTR Network System shall be checked to verify proper operation and to verify that alarm and trouble conditions are received at Building-114, V.A. Police Dispatch office, and the contracted Monitoring Company.

11. MALFUNCTIONS AND REPORTS:

a. The Government shall provide when available at the request of the Contractor accurate CAD drawings showing the existing peripheral devices, fire alarm equipment, and sprinkler details using Government supplied drawings. The grid must be used for reporting of testing and shall contain the building number, the device/equipment type, and any problems encountered. The purpose of the grid is to maintain consistency in the reporting of the device/equipment tested, and to assure testing of all devices at the specified frequency. All new device/equipment tested, and to assure testing of all devices at the specified frequency. All new fire alarm devices will be assigned an identifying code and included on the Computer Aided Drawings (CAD).

b. All malfunctions identified during inspection and repair shall be reported immediately to Environmental Health and Safety Department. The report shall include the causative factor and method of correction. Contractor shall certify in writing that the prescribed inspections and test were performed. Inspection reports are to be delivered to Environmental Health and Safety Department within ten (10) days after completion of the inspection.

12. PARTS:

Unserviceable parts for the Fire Alarm and Sprinkler Systems shall be replaced by the contractor on an exchange basis. Unserviceable parts, which have been replaced, shall remain the property of the VA Medical Center.

13. WORK TIME:

All testing shall be done during normal duty hours (7:30 a.m. through 4:00 p.m., Monday through Friday) excluding holidays. Shunt and elevator recall testing shall be performed Monday through Friday, excluding federal holidays. Testing of shunts and elevator recall must be scheduled with Environmental Health and Safety Department and the Engineering Department five (5) days prior to testing.

14. CONTRACTOR QUALIFICATIONS:

Each bidder shall provide with this solicitation the following:

a. A list of employees to perform the services contained in this scope of work. The list is to include employment tenure, industry experience and tenure which specifically describes their qualifications to perform associated work, any NICET (National Institute for Certification in Engineering Technologies) certification levels and certification numbers for the employee(s) who have certification.

b. The Fire Alarm Contractor shall have a certified NICET Level III fire alarm system Engineering Technician on staff or one that is on contract with the bidding company.

c. Contractor shall have a Fire Protection Engineer on staff or one that is on contract with the bidding company.

d. The contractor shall show proof of insurance before entering into contract. The insurance shall be to the following limits. These requirements are in lieu of insurance requirements in Paragraph 23.

Workers Compensation as required by Statute. See Paragraph 23.

Property Damage Liability $3,000,000.00 Personal Injury Liability $3,000,000.00

e. The contractor shall maintain an adequate number of employees to satisfactorily perform scheduled services and maintain continuous coverage.

f. The contractor shall have in their possession at the time of the commencement of the contract all necessary tools, test equipment, calibration instruments and technical service literature necessary to properly repair, calibrate, test and maintain the equipment.

g. Current and past performance on other contracts will be considered in determining a contractor’s ability to successfully execute the terms and conditions of this bid.

h. Contractor shall be able to demonstrate the ability to service an account of the magnitude of the Fort Wayne and Marion Campuses of the V.A. Northern Indiana Health Care System and possess adequate backup resources. References shall be provided with bid submittal as evidence. A minimum of three (3) references must be included with the bid submittal.

i. All inspection reports shall describe each device in the system in a line-item fashion that includes type, location, and status of each device. These reports shall be typed and printed on high-quality ink-jet or laser printers.

GENERAL REQUIREMENTS

15. FEDERAL HOLIDAYS

The Government observes the following as National Holidays: New Years Day; Martin Luther King’s Jr.’s Birthday, President’s Day, Independence Day, Labor Day; Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day.

16. QUALIFICATIONS OF BIDDERS

A proposal will be considered only from bidders who are regularly established in the business called for and who are financially responsible and have the necessary equipment and personnel to furnish services in the volume required for all items under this solicitation. The successful bidder shall meet all Federal, State and Local codes and requirements for the operation of this service.

17. EVIDENCE OF INSURANCE COVERAGE

Before commencing work under this contract, the contractor shall furnish to the Contracting Officer, a certificate of insurance indicating the coverage outlined and containing an endorsement to the effect that cancellation, of or any material change in the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a 30-day advance written notice of cancellation of change is furnished the contracting officer.

18. SCHEDULE OF INSURANCE COVERAGE

In accordance with FAR clause 52.228-5 cited herein, the following minimum coverage shall apply to this contract:

a. Workers compensation and employer’s liability: Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under these 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 operation 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 and monopolistic funds that do not permit worker’s compensation to be written by private carriers.

b. General Liability: $500,000 per occurrence

c. Automobile Liability: $250,000 per person, $500,000 per occurrence and $100,000 property damage.

Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 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.3 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 five (5) years.

(End of Clause)

C.4 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

C.5 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)

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems.

(End of clause)

C.6 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.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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