36C25022Q0950.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. 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. 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. 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

583-22-4-669-0065

36C25022Q0950 08-03-2022

Luke Turner 513-559-3716 08-25-2022

10:00 EDT

36C250

Department of Veterans Affairs

Network Contracting Office (NCO) 10

260 E. University Avenue

Cincinnati OH 45219

X 100

X

541990

$16.5 Million

N/A

X

Richard L. Roudebush VA Medical Center

1481 W. 10th Street

Indianapolis, IN 46202-2803

36C250

Network Contracting Office (NCO) 10

260 E. University Avenue

Cincinnati OH 45219

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

See Schedule for Services/Item List:

Contact Information: Luke Turner, Contracting Officer

513-559-3712, luke.turner@va.gov.

Deliver Services To: Reference Block 15

A site visit will be available for all interested parties on 08/08/2022 at 10:00 A.M. Est. All participants are the meet at the building 5.

Quotes will be sent to the CO, via email, on/before the date located in block 8.

See CONTINUATION Page

3620162-669-850300-2543-583 010055590

X X

Luke A. Turner

Contracting Officer

36C25022Q0950

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT (PWS)

B.3 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

COMPLIANCE (JUL 2018)

C.5 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT I - SCA WD

ATTACHMENT II - LIMITATIONS ON SUBCONTRACTING_CERTIFICATE OF

COMPLIANCE

ATTACHMENT III - MASTER DRAWING

ATTACHMENT IV -YEAR 1 - COMBINED SET

ATTACHMENT V -YEAR 2 - COMBINED SET

ATTACHMENT VI -YEAR 3 - COMBINED SET

ATTACHMENT VII - VHA DIRECTIVE 1192.01

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C250

Luke Turner/CO

Department of Veterans Affairs

Network Contracting Office (NCO) 10

260 E. University Avenue

Cincinnati OH 45219

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—System For Award Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Once the work is completed and all deliverable are accepted.

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.

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

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT (PWS)

Introduction.

The Government requires the testing of the existing fire dampers, smoke dampers, and fire/smoke dampers located within Building 1 at the Richard L. Roudebush VAMC, 1481 West

10TH Street, Indianapolis, IN 46202.

Description / Scope / Objective.

The Contractor must provide all labor, equipment, tools, material, supervision and other items and services necessary to perform the work as defined in this Performance Work Statement.

The scope of this project shall include 774 fire dampers, smoke dampers, and fire/smoke dampers located basement through the eleventh floor at the Richard L Roudebush VAMC, 1481 West 10th

Street, Indianapolis, IN 46202

Testing, calibration, and servicing requirements shall be based on manufacturers’ recommendations for each component and/or the industry standard.

Applicable Documents.

The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

FAR Federal Acquisition Regulation

VAAR Veterans Administration Acquisition Regulation

NEMA National Electrical Manufacturers Association

NEC National Electric Code

ANSI American National Standards Institute

NAAMM National Association of Architectural Metal Manufacturers

NFPA National Fire Protection Association

ASTM American Society for Testing and Materials

UL Underwriters Laboratories, Inc.

SCA DOL Website Service Contract Act (SCA) Directory of Occupations (Fifth Edition) http://www.dol.gov/whd/contracts/sca.htm

LS Drawings Site drawings/mechanical prints/Life Safety Drawings

Federal, State, Local, Industry, Manufacturer

All applicable federal, state, local, and industry: laws, codes, policies, procedures, standards, manufacturer’s specifications, and any other applicable doctrine for the intended performance of the equipment specified.

Glossary - Acronyms used in this Performance Work Statement are referenced below:

CO Contacting Officer

COR Contracting Officer’s Representative

FAR Federal Acquisition Regulation

QASP Quality Assurance Surveillance Plan

ACA Ambulatory Care Addition

NFPA National Fire Protection Association

HEPA High Efficiency Particulate Air

ICRA Infection Control Risk Assessment

PCRA Pre Construction Risk Assessment

ILSM Interim life Safety Measures

Performance Requirements.

The contractor shall provide all tools, equipment, material, labor, and supervision necessary to meet compliance with the contract specifications and drawings.

This contract is set up to address the specified no. of dampers to be tested on an annual basis over a 3- year period.

The contractor shall be responsible for the locating, labeling, inspecting, and testing of the existing fire dampers, smoke dampers, and fire/smoke dampers shown on the attached drawings and located within Building 1 on the campus of the Richard L. Roudebush VAMC, located at 1481 West 10TH Street, Indianapolis, IN.

http://www.dol.gov/whd/contracts/sca.htm

The contractor shall accomplish the following:

Provide a survey of Building 1, WTS to locate all the required dampers prior to accomplishing any damper testing.

Locate all fire dampers per the schedules provided below by year.

Locate all smoke dampers per the schedules provided below by year.

Locate all fire/smoke dampers per the schedules provided below by year.

Label all fire dampers, smoke dampers, and fire/smoke dampers that are not labeled.

Provide picture of each individual damper along with its unique identifier.

Provide damper type.

Provide damper manufacturer.

Provide damper style.

Determine if access panel exists. If so, provide condition of access panel.

Test all required dampers.

Testing, calibration, and servicing requirements shall be based on manufacturers’ recommendations for each component and/or the industry standard.

Replace fusible link in all fire dampers after testing.

Provide date damper was tested.

Contractor shall confirm that fire, smoke, or combination fire/smoke dampers function properly, and that no interference is evident caused from rust, misalignment, damage to tracks or frames, defective hinges/moving parts, and that the fire, smoke or combination fire/smoke dampers are free from obstructions or any penetrating items that may affect its functionality.

Contractor shall clean the damper area (using a HEPA Vacuum system), and lubricate as necessary, using an environmentally “green” lubricant.

Address all PCRA, ICRA, and ILSM requirements. See attached forms for each requirement.

Contractor shall plan to provide their own ICRA containment cart.

The VA will provide reference drawings of the existing fire dampers, smoke dampers, and fire/smoke dampers located within Building 1 at the Richard L. Roudebush VAMC. The contractor shall utilize these drawings as a guide for finding all dampers and providing accurate as-built location drawings.

Provide red-lined as-built drawings showing all fire dampers, smoke dampers, and fire/smoke dampers along with their specific location on the drawings provided. Contractor shall be responsible for providing the exact location of each damper on the final as-built drawings.

Contractor shall identify ducts penetrating a fire/smoke boundary that have no access panel.

Contractor shall identify as Visually Inspected Not Exercised (VINE) any dampers where the access point is longer than an arm’s reach from the damper. This data shall be recorded and input on applicable Facility Life Safety Prints.

Contractor shall provide a summarized list of all deficiencies found along with any recommendations for correction. Show the dampers in two categories: PASS and FAIL.

Provide three sets of the following:

A three-ring binder containing all required fire damper information as well as a picture for each fire damper.

A three-ring binder containing all required smoke damper information as well as a picture for each smoke damper.

A three-ring binder containing all required fire/smoke damper information as well as a picture for each fire/smoke damper.

Plan to test up to 3% more dampers in case more dampers are found during the survey work.

Plan to provide up to 10% more labels in case existing dampers are found to not be labeled.

New labels shall match the existing labels (red background with white phenolic lettering).

There are 10 dampers to be decommissioned. Locate these dampers, mark them

“Decommissioned” on the respective damper as well as on the red-lined drawings.

The contractor shall provide a construction schedule after having met with VA to ensure that each damper can be accessed without disrupting service to the medical center.

The contractor shall plan to provide all work after hours (i.e., after 5:30 p.m. during the week) and on weekends.

Furniture Moving and Covering

Contractor shall provide any furniture moving to include disassembly, moving, and reassembly to access the dampers in areas where furniture may be in the area needing to be accessed.

Any furniture such as computers, chairs, desks, etc, within the work area shall be covered with plastic prior to removing ceiling tiles or any other dust generating activity.

Any debris accumulated because of accessing the fire and/or smoke dampers in each area from removing the ceiling tiles or other activities, shall be cleaned and removed from any furniture or desk/countertop surfaces.

Period of Performance

All work shall be accomplished within 180 calendar days per each year from the date that the

Contracting Officer issues the award of the base contract or an option.

Accomplish all testing over a 3-year period as shown below. See attached damper schedules for dampers to be tested each year.

Year 1: 284 dampers.

Year 2: 245 dampers.

Year 3: 245 dampers.

Performance Location and Hours.

Primary place of performance is the Richard L. Roudebush VAMC, Building 1, 1481 West

10TH Street, Indianapolis, IN.

Maintaining the operational capability of the medical center is of paramount importance.

The contractor shall coordinate all activities with the VA COR prior to commencing all work.

To maintain the medical center’s operational capability, this project will require working off-shift hours as well as weekend hours since many of the affected areas will not be available during normal business hours.

Normal working hours for the medical center are defined as 0800–1730, excluding Saturday and

Sunday.

Designated off-shift hours are defined as 1730–0600, Monday through Friday, excluding federal holidays.

All services shall be coordinated with and at the convenience of the Government.

Infection Control Risk Assessment (ICRA) Requirements

Contractor shall comply with all PCRA/ICRA/ILSM requirements for work associated with each damper to be inspected and tested.

VA to Provide with Bid Documents.

Contractor shall plan to provide and utilize a mobile, compliant ICRA cart for all damper related work to be accomplished throughout the facility where the VA deems necessary.

Deliverables After the contractor has completed the inspection and testing of the fire dampers, smoke dampers, and fire/smoke dampers, the contractor shall provide all of the abovementioned binders and red-lined drawings for VA review and approval.

Contractor Personnel Qualifications and Management.

Contractor shall be certified to test opposed blade and guillotine type fire dampers, smoke dampers, and fire/smoke dampers.

Contractor shall have completed the Occupational Safety & Health Administration (OSHA) approved 10-hour construction safety training.

Project superintendent shall have completed an OSHA approved 30-hour construction safety training.

Contractor shall provide evidence of having technical training and documented work experience in maintenance, inspection, and testing of fire dampers, smoke dampers, and fire/smoke dampers. A minimum of three years of experience is required.

Contractor shall be equipped with all necessary tools, equipment, materials, labor, supervision, and Personal Protective Equipment (PPE) necessary to perform all required work in a safe, effective, and timely manner. Tools, equipment, and PPE shall comply with the requirements of

OSHA Standard 29 CFR 1910, Subpart I, and NFPA 70E.

Contractor Personnel. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

Contractor Badges. Notwithstanding the requirement to wear a Government furnished badge, Contractor personnel shall also wear a laminated contractor identification badge always when performing services under this Contract, including when on Government directed travel the badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

Safety/Security Requirements. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

Standards of conduct

Conduct of Personnel. Contractor personnel shall conduct themselves in a professional manner

(i.e., timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement.

The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel.

Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length more than three inches, while assigned under this contract.

Working Attire and Appearance. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the Contracting Officer prior to clearance approval, for review and acceptance by the COR. The intent is to verify credentials and not for the Government to become the hiring authority.

Travel Not Applicable

Non-Personal Service Statement

Contractor employees performing services under this order will be controlled, directed, and supervised always by management personnel of the contractor.

Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS.

Contractor employees may be required to perform their duties independent of, and without the supervision of, any Government official.

The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying

Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition

Regulation (FAR).

The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

Personnel Qualifications.

The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS.

The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract.

The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned.

Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the PWS in an efficient, reliable, and professional manner.

Specific Personnel Qualifications Requirements – Personnel assigned to or utilized by the contractor in the performance of this contract shall, as a minimum:

Be a United States Citizen or permitted to work in U.S.

Have experience specific to work performed under this PWS.

Specialized Experience: Licensed and Insured Technician with training pertaining to specified work performed under this PWS.

The contractors supervisor working on the project must have an OSHA 30-hour construction safety course.

All workers must have an OSHA 10-hour construction safety course.

Performance Standards and Quality Measurement

Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The

Government shall use these standards to determine Contractor performance and shall compare

Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance

Surveillance Plan (QASP) method of surveillance will be by random inspection.

The QASP and its performance objectives are as follows:

PW

S

Par a

Performan ce

Objective

Performance

Standard

Acceptabl e Quality

Level

Surveillanc e Method

Compliance

5.3 Locate and

test all fire/smoke dampers in

Building 1

Contractor performs testing in accordance with all applicable governing doctrine

99% of the time the contractor performs testing services

Visual inspection conducted by the

Governme nt

Represent ative

Below AQL, non-acceptance of services. A

Contract

Discrepancy Report

(CDR) will be issued for performance below the AQL. The

Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the

CDR, the

Contractor will be re-rated. If performance does not comply with

PWS, the CO will be notified, the performance record will be documented, and CO may pursue contract action.

5.5 Contracto

r submits report in a timely manner

Certified report in

PDF format documentin g all field data, observation s, and recommend ations as necessary.

Hard copies will be in three ring binders.

Contractor will document the damper location on the facility provided

Life Safety

Prints and input the damper information

In the final as-built drawings.

99% of the time report is received by the

Governm ent per the

Performa nce

Standard

Governm ent receives report within a timely manner

Below AQL, non-acceptance of services. A

Contract

Discrepancy

Report (CDR) will be issued for performance below the AQL.

The Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the

CDR, the

Contractor will be re-rated. If performance does not comply with PWS, the

CO will be notified, the performance record will be documented, and

CO may pursue contract action.

B.3 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

284.00 EA __________________ __________________

The contractor shall be responsible for the locating, labeling, inspecting, and testing of the existing fire dampers, smoke dampers, and fire/smoke dampers shown on the attached drawings and located within Building 1 on the campus of the Richard L. Roudebush VAMC, located at 1481 West 10TH

Street, Indianapolis, IN.

Contract Period: Base POP Begin: 09-15-2022 POP End: 03-14-2023

1.00 EA __________________ __________________

Option to add unknow or unforeseen dampers to the testing period, in addition to the amount already expected. This will be added as a set cost for each, at the end of the original work and added to the delivery once completed.

Contract Period: Option 1 POP Begin: 03-15-2023 POP End: 04-14-2023 All work to be completed 30 days after option is awarded.

245.00 EA __________________ __________________

inspecting, and testing of the existing fire dampers, smoke dampers, and fire/smoke dampers shown on the attached drawings and located within Building 1 on the campus of the Richard L. Roudebush VAMC, located at 1481 West 10TH Street, Indianapolis, IN.

Contract Period: Option 3 POP Begin: 09-15-2023 POP End: 03-14-2024 period, in addition to the amount already expected. This will be added as a set cost for each, at the end of the original work and added to the delivery once completed.

Contract Period: Option 4 POP Begin: 03-15-2024 POP End: 04-14-2024

245.00 EA __________________ __________________

inspecting, and testing of the existing fire dampers, smoke dampers, and fire/smoke dampers shown on the attached drawings and located within Building 1 on the campus of the Richard L. Roudebush VAMC, located at 1481 West 10TH Street, Indianapolis, IN.

Contract Period: Option 5 POP Begin: 09-15-2023

POP End: 03-14-2024 period, in addition to the amount already expected. This will be added as a set cost for each, at the end of the original work and added to the delivery once completed.

Contract Period: Option 5 POP Begin: 03-15-2025 POP End: 04-14-2025

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.217-8 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)

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety

Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. 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 and granted a medical or religious exception, 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.

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, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. 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 COVID-19

Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct 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, at all times, adhere to and ensure compliance https://www.va.gov/covid19screen/ https://www.va.gov/covid19screen/ https://www.va.gov/covid19screen/ with federal laws designed to protect contractor employee health information and personally identifiable information.

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

Facilities.

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

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

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

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

Index.

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

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

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

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

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

Aside.

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

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

Owned Small Business Set-Aside.

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

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor…