36C25023Q0069 0001.docx

36C25023Q0069

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 610-23-1-6091-0007 None Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor

MI

48105 Y Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor

MI

48105 To all Offerors/Bidders

X X

See CONTINUATION Page 610-3630162-6091-853300-2542 010050100 One (1) The purpose of this Amendment is to amend the original solicitation in its entirety.

Kristina L. Peart Contracting Officer

CONTINUATION PAGE

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

610-23-1-6091-0007 36C25023Q0069 02-23-2023 Janel Tate 734-222-6179 03-07-2023 9:00

EST

Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor, MI 48105 X X 561720 Million N/A X Department of Veterans Affairs Northern Indiana Healthcare System Fort Wayne VA Medical Center 2121 Lake Avenue Fort Wayne, IN 46805 Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor, MI 48105 http://www.tungsten-network.com/customer campaigns/veterans-affairs-us/

N/A See CONTINUATION Page The contractor shall furnish all trained labor, supervision, management, management support, transportation, supplies, equipment, and materials necessary to accomplish a window washing services for the Northern Indiana Healthcare Systems Fort Wayne Campus twice a year as described in the SOW.

See Price Schedule in Section B.

Site Visit will be conducted on February 27, at 10:00 A.M EST starting at the Northern Indiana Healthcare Systems Fort Wayne Campus located at 2121 Lake Avenue in Fort Wayne, IN 46805.

Question s are due to the contact in box 7a in writing no later than 9:00 A.M. EST March 1, 2023.

This procurement will be conducted as a comparative analysis utilizing FAR Parts 12 and 13. The resulting award will be firm fixed price contract.

See CONTINUATION Page 610-3630162-6091-853300-2542 010050100 X X One(1) Kristina L. Peart 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: _______________________ Address: _______________________

Contractor Point of Contact (POC) for Contract: __________________________

Alternate POC for Contract: ______________________ Title: ______________________ Phone: ______________________ Email: ______________________

SAM Unique ID ____________ TAX ID: _______________ Business Size: ___________

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:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly to: https://www.tungsten-network.com/customer-campaigns/veteransaffairs

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: https://www.tungsten-network.com/customer-campaigns/veteransaffairs

5. LATE QUOTE SUBMISSION: Late submissions shall not be considered.

6. SF1449 and Price Schedule: Offer shall submit a signed copy of the SF1449 and completed price schedule with their quotation.

7. ACKNOWLEDGEMENT OF AMENDMENTS: The contractor shall acknowledge any and all amendments and include a signed copy with their quote submission. List of Amendments are listed 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:

i. Monthly invoice is submitted in arrears, no later than the 20th business day of the following month that services were rendered.

ii. 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:

a. Name and Address of the Contractor

b. Invoice Date and Invoice Number

c. Contract Number

d. Contract Order Number

e. Purchase Order Number

f. Date Range of Services Provided

g. Description of Services Provided

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

i. Quantity of each Line/Sub-Line Item

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

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

l. 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.

i. 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.

ii. 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.

Failure for the contractor’s representative to respond to the evaluation within those 60 days will result in the governments evaluation being placed on file in the database with a statement that the contractor failed to respond. The Contractor’s representative will be locked out of the evaluation and may no longer send comments.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall furnish all trained labor, supervision, management, management support, transportation, supplies, equipment, and materials necessary to accomplish a complete washing maintenance service for the Northern Indiana Health Care Systems Fort Wayne Campus twice a year as contained in the SOW.

Contract Period: Base POP Begin: 03-01-2023 POP End: 02-29-2024 PRINCIPAL NAICS CODE: 561720 - Janitorial Services PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial

Contractor shall furnish all trained labor, supervision, management, management support, transportation, supplies, equipment, and materials necessary to accomplish a complete washing maintenance service for the Northern Indiana Health Care Systems Fort Wayne Campus twice a year as contained in the SOW Contract Period: Option 1 POP Begin: 03-01-2024 POP End: 02-28-2025

Contractor shall furnish all trained labor, supervision, management, management support, transportation, supplies, equipment, and materials necessary to accomplish a complete washing maintenance service for the Northern Indiana Health Care Systems Fort Wayne Campus twice a year as contained in the SOW Contract Period: Option 2 POP Begin: 03-01-2025 POP End: 02-28-2026

Contractor shall furnish all trained labor, supervision, management, management support, transportation, supplies, equipment, and materials necessary to accomplish a complete washing maintenance service for the Northern Indiana Health Care Systems Fort Wayne Campus twice a year as contained in the SOW Contract Period: Option 3 POP Begin: 03-01-2026 POP End: 02-28-2027

Contractor shall furnish all trained labor, supervision, management, management support, transportation, supplies, equipment, and materials necessary to accomplish a complete washing maintenance service for the Northern Indiana Health Care Systems Fort Wayne Campus twice a year as contained in the SOW Contract Period: Option 4 POP Begin: 03-01-2027 POP End: 02-29-2028

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B.5 STATEMENT OF WORK

GENERAL: The contractor shall furnish all trained labor, supervision, management, management support, transportation, supplies, equipment, and materials necessary to accomplish a window washing services at the Northern Indiana Health Care Systems (NIHCS), Fort Wayne Campus located at 2121 Lake Avenue, Fort Wayne, IN 46805 twice a year as described herein.

PRIMARY TASK – GENERAL:

· Equipment Note – There are no anchor points on the roofs of any buildings on the Fort Wayne campus.

· Cleaning the exterior of windows, window frames, screens, sills, and sashes to include discoloration due to nicotine, grease, and oils.

· Cleaning the exterior door glass.

· Cleaning of insect and solar screens including the removal of rust, paint, beehives, bird’s nest, etc.

· Replacement of component elements of window units damaged during the accomplishment of contractual services.

· The contractor shall be responsible for a site visit to verify site conditions and to determine the type of equipment and number of personnel required to complete the job in the time frame specified by the VA.

· Work shall be completed twice annually. Once in the spring between the months of April and May. The other shall be completed between the months of September and December as specified by the COR.

LOCATION-SPECIFIC TASKS:

Fort Wayne Campus. The contractor shall clean the exterior windows, approximately 1,160 windows of the following buildings: 1, 2, 3, 4, 5, 6, 7, T4, T5, & T6. Screens are to be pulled out, cleaned, and replaced.

Buildings # - Number of windows Building 1 - 760 Building 2 - 90 Building 3 - 60 Building 4 - 40 Building 5 - 40 Building 6 - 50 Building 7 – 61 Building 8 – 24 Building T4 - 10 Building T5 - 10 Building T6 – 10

HOURS OF OPERATION: Normal business hours are 8:00 AM to 4:30 PM EST Monday through Friday, excluding federal holidays. In no event shall the contractor carry on work outside of regular agreed-upon working hours without prior approval of the contracting officer Representative (COR).

SCHEDULING:

START/FINISH DATES. An anticipated work schedule detailing when work is to be performed shall be submitted to the COR.

DAILY WORK SCHEDULE. The contractor shall provide a schedule of the specific areas in which the contractor shall be working twenty-four (24) hours in advance. This schedule shall be submitted to the COR.

Postponement/Delays: In the event, climate or weather conditions become unsuitable for work or may induce an environmental hazard, then the entire work shall be rescheduled to a date and time satisfactory to the contractor and the Department of Veterans Affairs. The postponement will not reflect any penalties assessed to the contractor nor shall there be an additional cost to the government.

QUALITY CONTROL /ASSURANCE: The contractor shall have a quality control program to assure the requirements of this contract are provided as specified. One copy of the contractor’s basic Quality Control Program shall be submitted to the contracting officer prior to award.

The Contractor shall provide documentation certifying the completion of each building, the day of completion or the following day if the completion of cleaning is after normal working hours. Documentation shall provide the following information:

· Building Number

· Start and completion date for each building

· Number of windows cleaned

· Any miscellaneous items or issues included with that particular building The Maintenance & Operations Supervisor or his/her designee shall make daily inspections of the completed areas. The contractor shall be notified no later than the following workday of any unsatisfactory work and such work shall be redone to meet the specifications as stated.

Contractor personnel shall not lend keys or open locked rooms or areas to permit entrance by persons other than contractor personnel performing assigned duties. All rooms found locked are not to be left unattended while performing duties under this contract and shall be relocked by the contractor’s personnel upon completion of duties. There may be certain areas identified by the COR in which contractor personnel shall immediately notify the COR or security/medical center police if a door is found unlocked.

Clearance/Access Controls: The contractor and all personnel shall comply with the security clearances of access controls of areas within the medical center. In the event that the contractor has to obtain access to areas that require special security precautions, the COR will notify the contractor prior to access.

PERSONNEL QUALIFICATIONS AND REQUIREMENTS:

Supervision: The contractor shall specify a project manager who shall have the responsibility for the performance of contract services. The project manager shall be competent to supervise all aspects of the contract and shall be available on-site within hours after notification during the performance of contract work. The contracting officer shall be notified in writing of the name of the project manager and any changes in personnel appointed to act for the contractor as the contractor’s representative in the absence of the contractor.

Training: No employee shall be assigned to work under the provision of this contract until certification has been provided from the contracting officer that all personnel has received the required orientation and training. All employees shall be trained and provided training for all equipment used for work including OSHA Safety training and Fall Protection training.

Identification: One week prior to the start date- The contractor is to provide two forms of identification per person to have government identification badges issued.

Conformity to Regulations: The contractor shall conform to all regulations (federal, state, and local) regarding maintenance and the use of chemicals and equipment which may be in effect in the area in which the work under this contract shall be performed.

Workers’ Compensation: The contractor agrees to procure and maintain for the contract period Workers’ Compensation and Employer’s Public Liability Insurance in accordance with the laws of the State of Indiana. The policy shall provide coverage for public liability limits of not less than $100,000 for each accident and at least $500,000 if more than one person is involved.

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

EVIDENCE OF INSURANCE COVERAGE

Before commencing work under this contract, the contractor shall furnish the contracting officer a certificate of insurance indicating the coverage and containing a clause specifying that cancellation of or any material change in the policies which adversely affect the interests of the government with such issuance shall not be effective unless a 30-day notice of the cancellation or change is furnished by the contracting officer.

Payment: The contractor shall submit an invoice through tungsten to the medical center for services performed under this contract for each cleaning cycle and only one payment per cycle will be made by the respective medical center.

https://www.tungsten-network.com/customer-campaigns/veteransaffairs

SAFETY AND FIRE PREVENTION

In the performance of this contract, the contractor shall take such safety precautions necessary to protect the lives and health of occupants of the building.

The contractor shall immediately correct any fire and safety deficiencies caused by his/her personnel. If the contractor fails or refuses to correct deficiencies promptly, the contracting officer may issue an order stopping all or any part of the work and hold the contractor in default of the contract.

The contractor shall comply with applicable federal, state, and local safety and fire regulations and codes that are applicable to the work required under any contract resulting from this solicitation, including OSHA standards and regulations 1910 subparts D & F. The contractor shall keep abreast of and comply with changes in these requirements and codes applicable to the contract.

1910 | Occupational Safety and Health Administration (osha.gov) The contractor’s personnel shall follow all applicable facility policies concerning fire/disaster programs.

All materials and equipment shall be removed from the facility or stored properly at the end of the workday and secured during the workday.

DAMAGE AND EQUIPMENT LOSS:

All tasks accomplished by the contractor’s personnel shall be performed to preclude damage or disfigurement of government owned furnishing, fixtures, equipment, architectural and/or building structures and grounds. Contractor shall report any damage or disfigurement of these items when caused by the contractor’s personnel and shall perform repairs or replace government-owned equipment, fixtures, furnishings, ground, and architectural and/or building structures to their previous existing condition.

CONSERVATION OF UTILITIES

The contractor shall instruct his/her personnel in utilities conservation practices. The contractor shall be responsible for operations under conditions which preclude the waste of utilities which shall include:

· Lights shall be used only in areas where at the time when work is actually being performed unless otherwise directed.

· Mechanical equipment controls for heating, ventilation and air conditioning systems shall not be adjusted by contractor’s personnel.

· Water faucets or valves shall be turned off after use.

· Government telephones shall not be used for personal reasons or for any toll or long-distance calls.

INTERFERENCE TO NORMAL FUNCTIONS:

The contractor’s personnel shall be required to interrupt their work at any time to avoid interference with patient care procedures and normal functions of the facility including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts.

MATERIALS, EQUIPMENT AND TOOLS:

Technical literature and/or descriptions of all materials, equipment, and tools proposed for use by the contractor shall be submitted to the contracting officer or his/her designee for approval prior to start of contract and whenever a change is requested. All contractor furnished materials, equipment and tools used shall be standard products from manufacturers regularly engaged in the production of such items. The contractor shall secure all materials. The government assumes no liability for loss or damage to contractor-owned property held on government premises.

REPORTS:

Contractor shall provide a proposed daily time schedule indicating where and when they will be performing the service prior to commencing any work. The contractor shall submit a daily progress report to the Contracting Officer’s Representative (COR) at the competing of the daily routine.

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR):

A COR will be designated by the chief of Environmental Management Services. The Contracting Officer will delegate limited authority to the COR to generally direct the work of the contract, including work schedules, inspections of services, acceptance of services, and certification of payments. The COR will coordinate access to required areas in a timely manner and report to the contracting officer issues involving performance or other problems encountered.

36C25023Q0069 The contractor shall notify the COR in a timely manner of any area his/her personnel are unable to access and any other problems encountered that prevents the satisfactory performance of any part of the work specified herein. The contractor shall be responsible for damages caused by his/her personnel and shall notify the COR promptly of any damage to government property.

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B.6 VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19

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

a. Documentation requirements:

1) If fully vaccinated, contractors 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, 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, 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 with federal laws designed to protect contractor employee health information and personally identifiable information.

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

Last Updated on Tuesday, February 28, 2023

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.