36C25022Q0920.docx

36C25022Q0920

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.

UEI:

EFT:

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. SIGNAT

URE 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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

610-23-1-6091-0004 36C25022Q0920 09-01-2022 Leitch, Sally L.

317-988-1538 09-22-2022 14:00

EDT

Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240 X X 238290 $16.5 Million X N/A X Department of Veterans Affairs VA Northern Indiana Healthcare System 1700 E 38th St.

Marion IN 46953 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240

See website at:

https://www.fsc.va.gov/einvoice.asp for instructions & for invoicing website at:

https://www.tungsten-network.com/ customer-campaigns/veteransaffairs See CONTINUATION Page The VA Northern Indiana Healthcare System (NIHCS) requires a contractor to provide elevator maintenance and repair services in accordanc e with the Statement of Work (SOW).

This requirement is a 100% VIP verified SDVOSB set-aside through FAR parts 12 & 19 as a Firm Fixed Price Purchase Order for a one-year base period and four (4) one-year options.

Quoters that do not submit all required information may not be considered for award. Quoters are encouraged to submit a quote in accordance with the SOW and Section E of this solicitation.

Service Contract Act applies to this requirement and all applicable wage determinations are attached in Section D of this document.

See CONTINUATION Page 610-3630162-6091-851100-3151 010050100 X X X Leitch, Sally L.

Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. Contractor:

Contractor Name

Contractor Address

Contractor Main Phone

Contractor Fax

Contractor Primary POC

Contractor Primary POC Title

Contractor Primary POC Phone

Contractor Primary POC Email

Contractor Alternate POC

Contractor Alternate POC Title

Contractor Alternate POC Phone

Contractor Alternate POC Email

SAM ID Number

Tax ID Number

Business Size

Sub-Contractor Company Name

SAM ID Number

Business Size

b. Government:

Veterans’ Health Administration Network Contracting Office (NCO) 10 8888 Keystone Crossing, Suite 1100 Indianapolis, IN 46240

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:

c. Other [x] After each event to: http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/

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.

Tungsten Network: http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/

5. Secure Fax: All faxes regarding this contract shall contain the following on the coversheet:

This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.

6. Site Visit: Site Visits will be held on 9/8/2022 in Fort Wayne at 9:30 am and Marion at 2:00 pm. Instructions for the Site Visit are found in Section E of this solicitation. Questions shall not be allowed during the site visit. All questions shall be submitted in writing by the date and time listed in #9 below to Sally.Leitch@va.gov.

7. Quote Submission: Quoters shall follow the submission instructions provided in Section E of this solicitation. Quoters that do not submit a complete quote package containing all required items as required in the Statement of Work and in Section E shall not be considered for award.

8. Late Quotes: Shall not be accepted.

9. Questions: All questions shall be submitted via email no later than the 11th calendar day at 3:00 p.m., Eastern Time, after the issuance of the of the solicitation to Sally.Leitch@va.gov. Questions submitted after this date and time, may not be addressed.

10. Acknowledgement of Amendments: Quoter shall acknowledge all amendments by completing the table below:

B.2 ELECTRONIC INVOICE SUBMISSION AND INVOICING

VENDOR ELECTRONIC INVOICE SUBMISSION REQUIREMENTS AND METHODS

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1. VA’s Electronic Invoice Presentment and Payment System – the FSC uses a third-party contractor, Tungsten Network (referred to OB10), to transition vendors from paper to electronic invoice submission. Please go to website: https://www.tungsten-network.com/customer-campaigns/veteransaffairs to enroll in the program and begin submitting the electronic invoices, free of charge.

1. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI website is: http://www.x12.org

1. Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

2. Tungsten e-Invoice Setup Information: 1-877-489-6135

2. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

2. FSC e-Invoice Contact Information: 1-877-353-9791

2. FSC e-Invoice email: vafsccshd@va.gov

BILLING AND INVOICING

1. In accordance with this contract, all services shall be billed in arrears monthly.

2. Contractor shall only bill for services rendered and for line items delivered.

3. A proper invoice that is submitted for payment, shall be accepted, and certified for payment if:

a. Monthly invoice is submitted in arrears, no later than the 15th business day of the following month that services were rendered.

b. Invoice contains in addition to the information required for submission of a ‘proper’ invoice in accordance with FAR 52.212-4(g) the following information:

i. Name and Address of the Contractor

ii. Invoice Date and Invoice Number

iii. Contract Number

iv. Purchase Order Number

v. Date Range of Services Provided

vi. Description of Services Provided

vii. Line/Sub-Line Item-number(s) of services provided

viii. Quantity of each Line/Sub-Line Item

ix. Unit Rate for each Line/Sub-Line Item

x. Total Cost for each Line/Sub-Line Item

xi. Total Invoice Cost

4. The Certifying Official will confirm the information in the submitted invoice to the contract and invoice to ensure it is correct and valid.

a. If the invoice submitted is not a proper invoice, the certifying official shall refuse the invoice with a detailed statement as to why the invoice was refused.

b. Contractor shall make corrections and resubmit using a separate invoice number, notating the invoice number it is replacing.

B.3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

As prescribed in FAR Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts and contracts that exceed $250,000.00 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to Federal Awardee Performance and Integrity Information System (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $250,000.00 requires a CPARs evaluation. A government Focal Point will register your contract within 30 days after award and, at that time, you will receive and email message with a User ID (to be used when reviewing evaluations). Additional information regarding the evaluation process can be found at www.cpars.gov or if you have any questions, you may contact the Customer Support Desk at DSN: 684-1690 or COMM: 207-438-1690.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have 60 days to submit any comments and re-assign the report to the CO.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall provide:

Elevator Maintenance & Repair Services In Accordance with the Statement of Work

Fort Wayne – Campus

Contract Period: Base POP Begin: 11-01-2022 POP End: 10-31-2023

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Contractor shall provide:

In Accordance with the Statement of Work

Marion – Campus

Contract Period: Base POP Begin: 11-01-2022 POP End: 10-31-2023

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Contractor shall provide:

In Accordance with the Statement of Work

Fort Wayne – Campus

Contract Period: Option 1 POP Begin: 11-01-2023 POP End: 10-31-2024

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Contractor shall provide:

In Accordance with the Statement of Work

Marion – Campus

Contract Period: Option 1 POP Begin: 11-01-2023 POP End: 10-31-2024

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Contractor shall provide:

In Accordance with the Statement of Work

Fort Wayne – Campus

Contract Period: Option 2 POP Begin: 11-01-2024 POP End: 10-31-2025

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Contractor shall provide:

In Accordance with the Statement of Work

Marion – Campus

Contract Period: Option 2 POP Begin: 11-01-2024 POP End: 10-31-2025

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Contractor shall provide:

In Accordance with the Statement of Work

Fort Wayne – Campus

Contract Period: Option 3 POP Begin: 11-01-2025 POP End: 10-31-2026

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Contractor shall provide:

In Accordance with the Statement of Work

Marion – Campus

Contract Period: Option 3 POP Begin: 11-01-2025 POP End: 10-31-2026

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Contractor shall provide:

In Accordance with the Statement of Work

Fort Wayne – Campus

Contract Period: Option 4 POP Begin: 11-01-2026 POP End: 10-31-2027

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Contractor shall provide:

In Accordance with the Statement of Work

Marion – Campus

Contract Period: Option 4 POP Begin: 11-01-2026 POP End: 10-31-2027

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

GRAND TOTAL

B.5 STATEMENT OF WORK

NIHCS MARION AND FORT WAYNE CAMPUSES

ELEVATOR MAINTENENACE

Part I: General Information

A. Introduction Veteran Affairs (VA) Northern Indiana Health Care System (NIHCS), Fort Wayne and Marion, Indiana campuses require elevator maintenance and repair services.

B. Background The contractor shall provide all labor, material, parts, equipment, supervision, and transportation to provide monthly, quarterly, semi-annual, and annual elevator preventative maintenance (PM) and monthly repair parts and services for elevators at the VANIHCS.

C. Scope

1. Contractor shall provide all labor, equipment, supplies and materials necessary to perform elevator maintenance and repair.

2. Contractor shall provide travel and transportation necessary to perform elevator maintenance and repair.

3. Contractor shall perform monthly elevator PM, Quarterly elevator PM, Semi-annual elevator PM, annual elevator PM, monthly repair parts and service.

4. Contractor shall provide monthly, Quarterly, Semi-Annual, and Annual service reports via email to the Contracting Officer Representative (COR).

5. Contractor shall notify the COR, in person or by phone, when arriving to perform maintenance procedures.

Part II: Work Requirements A. Technical Requirements The contractor shall provide all labor, material, parts, equipment, supervision, and transportation to provide elevator inspection for designated elevators, dumbwaiter inspection services to the VA NIHCS. See Attachment Table of Elevators found in Section D.

B. Contractor Qualifications:

1. Contractor shall ensure that all persons performing services on this contract have the appropriate levels of certifications and licenses.

2. Contractor shall follow the guidelines and qualifications as established in ANSI/ASME.

a. Attached in Section D you will find the following:

i. PG 18-10 – Elevator Design Manual

b. Applicable links:

i. QEI (site-ym.com)

3. Contractor shall provide as requested proof of certifications and licenses.

C. Performance Monitoring

1. The contractor shall communicate all actions regarding elevator maintenance and repair the to the Contracting Officer Representative (COR). The COR or Designated Service Representative will monitor contractor services through direct observation and evaluation of program results.

2. COR shall direct contract representatives to the Engineering office for status of work. Contractor shall notify COR of repair status prior to leaving area for the day. Small occasional delays (up to one (1) hour per occasion) in Contractor’s progress due to coordination with equipment users are considered a normal part of work, but VA NIHCS will make every effort to eliminate barriers to work progress.

D. Deliverable’s

1. Contractor shall maintain a full, legible service log in the machine room and a complete, orderly chronological file including drawings, complete part lists, and copies of all service reports. The log shall list the date and time of all maintenance service performed.

2. Contractor shall make all possible efforts to limit PM downtime, and VA NIHCS shall be given advance estimate of downtime duration. A Contractor representative shall remain on site while equipment is down for PM.

3. The Contractor’s Maintenance file shall be made available for inspection upon request, and a copy of the complete file furnished to VA NIHCS during first week of last month of normal contract term. Contractor is required to maintain current drawings and schematics of the elevator systems, including wiring diagrams, in the appropriate equipment room, and shall leave these copies in place at the end of contract period. Copies of any missing documents shall be furnished by and at the expense of Contractor.

4. Contractor shall observe check-in/out procedures by "Signing In and Out," so that VA NIHCS is always aware of the Contractor’s presence at the facility. Upon each departure, Contractor shall serve notice of disposition of work to the Engineering office to the COR or designee. When a particular repair problem has been resolved, Contractor shall provide a complete service report, containing the following information: contract purchase order number: date service initiated; date completed; equipment make and unique identification number/code; original complaint; problems found; parts/quantities installed; all work performed and signatures of Contractor representative and an Engineering contact office employee. Equipment conditions shall routinely be found to be consistent with Contractor service reports, when inspected by VA NIHCS personnel or independent qualified inspectors, to constitute compliance with this provision.

5. Contractor shall turn in to the Engineering office all defective parts removed from equipment for replacement. All parts remain the property or VA NIHCS. No parts or equipment shall be removed from VA NIHCS premises without following VA NIHCS property-pass procedure. Understandably, some parts may be subject to an exchange procedure by the part source; Contractor will notify VA NIHCS in such instances that part is normally exchanged and shall provide VA NIHCS copies of validating documentation of the policy from part supplier when requested by VA NIHCS.

E. Out of Scope Maintenance Contractor shall not work on any maintenance problems discovered on equipment which exceeds the scope of duties with contract provisions. The Contractor shall immediately notify the COR and Engineering office of any equipment or environmental conditions which impair or jeopardize the functioning of the equipment. If the VA NIHCS desires the Contractor to perform repairs, a separate purchase order shall be issued to the Contractor for the work.

F. Parts Availability Contractor shall have a comprehensive inventory of parts and components for all equipment covered under this contract to be immediately available for necessary repairs to limit equipment downtime. At a minimum of the following replacement small components, in quantities sufficient to immediately resolve typical device failures for each unit covered, as applicable, are to be stored on-site in lockers provided by contractor in elevator mechanical rooms: switch contacts; switch bushings; conductors or leads; motor brushes; guide-shoe gibs and rollers; roller guides; door equipment; push-button or car-operating device contacts; coils and door interlocks; complete switch assemblies; fuses and lamps; relays coils; resistors; capacitors; printed circuit boards; parts for solid state components; gland packing; thrust bearings; locks; motors; lubricants; wiping cloths; and non-toxic cleaning compound with high flash points.

G. Preventive Maintenance

1. Contract includes Preventive Maintenance for the equipment listed in the attached schedule of vertical transport systems, consisting of scheduled preventive maintenance (PM -refer to Paragraph E) and periodic testing.

2. Contractor shall provide all resources required in performing these maintenance services and inspections, including parts, materials, lubricants, hydraulic fluids, cleanings fluids, equipment, tools, shipping, travel, and labor.

3. Contractor shall be responsible for determining the nature and extent of work required to restore equipment to satisfactory condition and operation, as determined by VA NIHCS, replacing parts if conditions warrant. All maintenance on included equipment shall be performed in accordance with manufacturer guidelines and/or the following industry standards, as applicable, whichever is more stringent:

a. ASME A 17. 1 Safety Code for Elevators and Escalators, latest edition http://files.asme.org/catalog/codes/printbook/13863.pdf

b. ASME A17.2 Inspectors' Manual for Elevators and Escalators, latest edition http://www.asme.org/products/codes---standards/guide-for-inspection-of-elevators--escalators--(4)

c. ASME A 17.3 Safety-Code for Existing Elevators and Escalators, latest edition http://www.asme.org/products/codes---standards/a17-3 2011-safety-code-for-existing-elevators-an

d. NEIT Vertical Transportation Standards for Elevators. Escalators, and Dumbwaiters, latest edition http://openlibrary.org/books/OL16601755M/Vertical_transportation_standards

e. ANSI/NFP A 10 National Electric Code, latest edition. http://webstore.ansi.org/SdoInfo.aspx?sdoid=41&Acro=ASTM&DpName=ASTM%20International&sour ce=googe&keyword=astm%20standards&gclid=CKXE3JXnvLICFU6mPAoddBMANg

4. For any apparatus where such guidelines are not specifically called out, Contractor shall service all apparatus (as a minimum) to the common practice standards of the Contractor for the apparatus.

5. Contractor shall submit a complete description of procedures, which will be followed in performance of PM for each component or assembly to be serviced.

6. Covered equipment items listed on the schedule encompass all system components and associated apparatus as normally supplied and required for operation by the manufacturer(s) in the currently installed configuration, including integrity of connections to building utilities, excluding building utility supply lines up to the point of manufacturer provided hardware. Cleaning and refinishing of interior of cars and exterior hoist way frames and doors and replacing of car interior lighting bulbs are excluded.

7. Underground portions of hydraulic jack units are excluded.

8. Contract covers maintenance services required due to normal use and wear and tear by all parties. Disrepair caused by proven negligent misuse or vandalism is not covered, and in such instances, Contractor shall serve notice of such to VA NIHCS without conducting repairs. Any repairs shall be accomplished with a separate purchase order.

9. Contractor shall provide service that limits "Downtime". Should the same or similar problem recur three times on a particular device during course of contract period despite attempted corrections, the Contractor shall ensure that the cause of the problem has been identified and completely corrected so that problem will not recur.

H. Preventive Maintenance and Periodic Testing

1. Removable Maintenance signs will be posted on all floors of affected elevator during maintenance and repair work.

2. For all covered traction-type Elevators and cart lifts, Contractor shall schedule and perform comprehensive PM consisting of weekly condition/performance inspections, and extended monthly service performed according to a monthly, quarterly, semi-annual, or annual schedule, as indicated by the applicable PM check charts. See PM Check Charts in Section D.

3. For all covered hydraulic-type elevators, Contractor shall schedule and perform comprehensive PM consisting of weekly condition/performance inspections, and extended monthly service performed according to a monthly, quarterly, semi-annual, or annual schedule, as indicated by the applicable PM check charts. See PM Check Charts in Section D.

4. For all covered dumbwaiter systems, Contractor shall schedule and perform comprehensive PM consisting bi-weekly condition/performance inspections, and extended monthly service performed according to a monthly, quarterly, semi-annual, or annual schedule. See PM Check Charts in Section D.

5. The attached monthly and weekly/biweekly check charts indicate the frequency and schedule for applicable items, but not the methods for performing this service; Contractor shall perform service in accordance with industry or manufacturer service recommendations as per Paragraph 3. The monthly PM check charts include an item for Contractor to certify the reliability of all life-safety critical components and shall be filled out and submitted upon completion of the monthly PM service.

6. The weekly or bi-weekly PM service, shall be conducted to find and correct any problems Contractor shall immediately resolve deficiencies, including items designated for specific attention under monthly inspections. Contractor shall complete attached weekly/bi-weekly PM check charts to indicate whether specific key items were found to require maintenance and the nature of service performed. The check charts shall be turned in to the contact office when work has been completed for the day.

7. During all PM service, any specific device cleaning, lubrication, adjustment, or part replacement which is performed shall be indicated on accompanying service reports. Between October 1st and July 31st of each contract year, all items which rely on cleaning, lubrication, or routine part replacement shall receive such service at least once as indicated by service report.

8. PM visits shall be performed at times coordinated with the COR with weekly or bi-weekly PM being conducted according to a pre-arranged recurring schedule. Weekly or bi-weekly PM shall be performed in conjunction with monthly PM visit during the week scheduled.

9. Weekly/bi-weekly and monthly PM Service shall include:

a. Systematic examination of system condition/performance, which includes as a minimum riding in car to each floor (elevators) or transporting loads to various floors (cartlifts, dumbwaiters), checking audible/visual indicators and system response to call buttons or switches at landing stations, inspecting machinery and mechanical spaces, and submitting findings and corrections in detailed service report and PM check chart.

b. Cleaning, lubricating, adjusting, and replacing of all parts as necessary to keep the equipment in full and proper working order, and to keep all parts and apparatus within manufacturer accepted tolerance specifications.

c. Equalizing tension, shortening, or renewing of hoisting ropes where necessary.

d. Keeping equipment always adjusted to original or currently specified performance standards, including flight times, cycle time and door times.

e. Assuring continuously smooth starting and stopping, accurate leveling, and freedom from performance deterioration perceptible to occupants, such as shaking, hesitation, vibrations, rattles, or squeaks.

f. Keeping machinery and mechanical spaces clean and free of rubbish.

g. Scheduled service includes items on attached PM check charts.

10. Contractor failure to schedule and perform a PM within the specified time interval shall be considered non-compliance with terms of contract.

11. Where specific maintenance procedures or guidelines are given by VA NIHCS, Contractor shall perform in accordance with these guidelines in addition to industry guidelines described in Paragraph 3. "Included Work." If a specific procedure is not given by VA NIHCS, the manufacturer recommended PM procedure, as described in the official service manual, will be followed, and the Contractor shall submit a detailed description of procedures to be followed in performance of PM.

12. The conveyance systems shall be inspected, unannounced semi-annually by a separate VA NIHCS contracted, certified elevator inspector who will report on condition, and maintenance items shall receive satisfactory report as per VA Forms 10-6166, "Report of Inspection of Elevators and 106167, "Report of Test of Elevator Governor and Safety Devices" attached. This Contractor shall correct all cited deficiencies which are included in the contract specifications within the response time and downtime limitations of this contract.

13. The Maintenance Contractor shall assist in these semi-annual inspections/tests and provide weights for five (5) year traction load tests.

Part III: Supporting Information A. Security The C&A requirements do not apply, and a Security Accreditation Package is not required. For each visit to the facility, the Contractor Service Representative (CSR) shall report to the appropriate office, both upon arrival and prior to departure, to sign 'in' and 'out' on response log.

B. Safety Compliance Regulations

1. In performance of this contract, the Contractor shall follow the VA NIHCS safety policy and standard safe work practices and take such safety precautions as the Safety Engineer, or his Designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with VA NIHCS smoking policy, which designates all interior spaces as non-smoking areas. The Contracting Officer or his/her designee will notify the Contractor of any non-compliance, and the Contractor will immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order halting all or any part of the work, and Contractor may be held in default.

2. Contractor shall provide to Contracting Office prior to notice to proceed the Material Safety Data Sheets (MSDS) for all potentially hazardous materials to be used in the facility in performance of the contract (lubricants. cleaners, working fluids, etc.), and will not use in the facility any such materials which have not been so cleared in advance with VA NIHCS. MSDS for new chemicals shall be furnished concurrently with arrival of the chemicals on site. Additionally, a copy of all required MSDS will be maintained at the chemical storage site in a location accessible to VA NIHCS personnel.

C. Travel The contractor shall provide all travel and transportation necessary to perform duties at no additional charge to the government.

D. Place of Performance VA Northern Indiana Health Care System (VANIHCS)

1. Marion Campus - 1700 East 38th Street Marion, IN 46953-4589. Engineering-Bldg. 52, Rm 105.

2. Fort Wayne Campus – 2121 Lake Ave Fort Wayne, IN 46805. Engineering Bldg. 1

E. Period of Performance The period of performance is contract award through September 30, 2023, with (4) four (1) one year option periods to be exercised at the discretion of the Government.

F. Government-Furnished Property None

G. VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors Contractor employees who work in or travel to VHA locations must comply with the following:

Documentation requirements:

1. If fully vaccinated, shall show proof of vaccination. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2. If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the- counter test that includes an affiliated telehealth service.

3. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4. Documentation will not be collected by the VA; contractors shall, always, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

5. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool. Regularly check the website for updates.

6. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, always, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

7. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

36C25022Q0920

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SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor

(ii) Invoice date and number

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

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

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

(vi) Terms of any discount for prompt payment offered

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) Other compliances. The Contractor shall comply with all…