36C25023Q0287.docx

36C25023Q0287

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

515-23-1-390-0001 36C25023Q0287 02-22-2023 Kristina L. Peart 734-845-3444 03-06-2023 13:00

EST

Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor, MI 48105 X X 238290 $22 Million N/A X Department of Veterans Affairs Battle Creek VA Medical Center Attn: Engineering 5500 Armstrong Road Battle Creek MI 49015 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/

See CONTINUATION Page The Contractor shall provide all labor, parts, equipment, tools, transportation, supplies and supervision required, to maintain, repair, service and replace defective or worn parts of all components, devices and equipment for all elevators in accordance with the SOW.

This procurement will be conducted as a comparative analysis utilizing FAR Parts 12 and 13.

A site visit will be held February 27, 2023 at 10:00a.m.

EST- meet at the electric shop, bldg 27, room 100.

Question are due no later than March 1, 2023 at 13:00 EST See CONTINUATION Page 515-3630162-390-855100-2543 0100555X9 X X X One(1) Kristina L. Peart Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Tungsten Network: https://www.tungsten-network.com/customer-campaigns/veteransaffairs

5. SECURE FAX: All faxes in regard to this order shall contain the following on the coversheet:

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

6. Late Quote Submission: Late submissions shall not be considered.

7. SUBMISSION OF OFFER:

3.) The Price/Cost Schedule, Section B 4.) 52.209-7, Information Regarding Responsibility Matters 5.) 52.212-3, Representations and Certifications, or valid completion of SAM is acceptable Information shall be received by the date and time specified in Block 8 of SF 1449 in order to be considered for award.

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

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

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

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

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

Monthly Maintenance Contract Period: Base POP Begin: 04-03-2023 POP End: 04-02-2024 PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Semi-Annual Maintenance

POP Begin: 04-03-2023 POP End: 04-02-2024

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

Annual maintenance

POP Begin: 04-03-2023 POP End: 04-02-2024

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

Traction Elevator Load Testing

POP Begin: 04-03-2023 POP End: 04-02-2024

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

Monthly Maintenance Contract Period: Option 1 POP Begin: 04-03-2024 POP End: 04-02-2025

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

Semi-Annual Maintenance

POP Begin: 04-03-2024 POP End: 04-02-2025

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

Annual Maintenance

POP Begin: 04-03-2024 POP End: 04-02-2025

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

Monthly Maintenance Contract Period: Option 2 POP Begin: 04-03-2025 POP End: 04-02-2026

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

Semi-Annual Maintenance

POP Begin: 04-03-2025 POP End: 04-02-2026

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

Annual Maintenance

POP Begin: 04-03-2025 POP End: 04-02-2026

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

3 Year Full Load Test of Hydraulic

POP Begin: 04-03-2025 POP End: 04-02-2026

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

Monthly Maintenance Contract Period: Option 3 POP Begin: 04-03-2026 POP End: 04-02-2027

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

Semi-Annual Maintenance

POP Begin: 04-03-2026 POP End: 04-02-2027

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

Annual Maintenance

POP Begin: 04-03-2026 POP End: 04-02-2027

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

Monthly Maintenance Contract Period: Option 4 POP Begin: 04-03-2027 POP End: 04-02-2028

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

Semi-Annual Maintenance

POP Begin: 04-03-2027 POP End: 04-02-2028

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

Annual Maintenance

POP Begin: 04-03-2027 POP End: 04-02-2028

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

Base Year

Option Year One (1)

Option Year Two (2)

Option Year Three (3)

Option Year Four (4)

Aggregate Total (Base + Options, if exercised)

Page 1 of Page 1 of

B.5 STATEMENT OF WORK

Part I: General Information

A. Introduction The Battle Creek VA Medical Center has a requirement for elevator maintenance.

B. Background The Battle Creek VA is a medical facility providing both inpatient and outpatient care and services.

C. Scope The Contractor shall provide all labor, parts, equipment, tools, transportation, supplies and supervision required, to maintain, repair, service and replace defective or worn parts of all components, devices and equipment for all elevators located at the Department of Veterans Affairs (VA) Medical Center, Battle Creek, Michigan in accordance with the manufacturer instructions and specifications herein and subject to the terms and conditions of this contract.

The Contractor's work and responsibility shall include all Contractor planning, administration and management necessary to provide all operation, preventive maintenance, service and repairs as specified. The work shall be conducted in strict accordance with all applicable Federal, State and local laws, regulations, codes and directives. The Contractor shall perform all administrative services necessary, such as supply, quality control, and maintenance of accurate and complete files of applicable documents.

Contractor employees who perform work under this contract shall be physically able to do the assigned work. Contractor shall provide the Contracting Officer Representative (COR) with a list of all employees who will perform work under this contract. This list shall include the full name, and position to be held by each Contractor employee. Contractor shall update this list within 10 days as changes occur for the duration of the contract.

Contractor shall ensure all personnel present a professional appearance at all times and that their conduct shall not reflect discredit upon this installation or the Department of Veterans Affairs. Contractor shall remove from the job site any employee for reasons of misconduct or security. The removal from the job site of such a person shall not relieve the Contractor of the requirement to provide sufficient personnel to perform adequate and timely service. Contractor's employees shall observe and comply with all local and VA Medical Center, regulations, and procedures concerning fire, safety, environmental protection, sanitation, security , gratuities, and possession of firearms or other lethal or illegal weapons or substances.

D. Applicable Documents The following documents or portions thereof are referenced within this standard and shall be considered part of the requirements of this document. The edition indicated for each reference is the current edition as of the date of the NFPA issuance of this Statement of Work (SOW).

· The American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, ANSI/ ASME A-17 .1 (Latest Edition).

· Handbook, ANSI/ ASME A-17 .1

· Inspector's Manual for Electric Elevators, ANSI/ ASME A -17.2.1

· Inspector's Manual for Hydraulic Elevators, ANSI/ ASME A-17 .2.2

· Safety Code for Existing Elevators, ANSI/ ASME A-17.3

· National Fire Protection Association (NFP A), NFP A 70, National Electrical Code, Latest Edition.

Part II: Work Requirements

A. Technical Requirements The Contractor shall provide all labor, parts, equipment, tools, transportation, supplies and supervision required, except those items specified as Government-furnished. This work includes maintenance, repair, service and replacement of defective or worn parts of all components, devices and equipment required to maintain all elevators located at the Battle Creek VA Medical Center (VA), located at 5500 Armstrong Road, Battle Creek, Michigan 49015.

Elevator Equipment List with serial numbers is in Section D as an attachment.

The Contractor shall supply, repair and install or replace all parts of every description when and as necessary, including machines, hoisting ropes, motors, hydraulic lines and valves, hydraulic pumps, plungers, motor generators, controllers, selectors, worms, t-gears, thrusts, windings, communicators, rotating elements, contacts, coils, resistances for operating and motor circuits, magnet frames, cams, car door and hoist way door hangers, tracks and guides, door operating devices, interlocks and contacts, car gates, safety devices and all associated components to include (electronic or software), phones, governors, push buttons, annunciators, hall lanterns and indicators, lamp replacements in signal and accessory equipment complete. Only new standard parts (manufactured by the maker of the equipment or equal thereto) shall be furnished by the Contractor unless otherwise approved by the COR.

Parts and repairs not covered by this contract are the hoist way enclosures, hoist way vents, cab floor covering, main jack casing, cylinder, underground piping and connections.

Not covered are the repair or replacement of elevator equipment due to natural disaster, vandalism, concrete evidence of negligence, or concrete evidence of misuse by any persons, including the Contractor, its representative and employees. Any repairs not covered within this contract shall require a separate purchase order. Payment will not be made for any unauthorized work. Any damage that the Contractor deems to be the responsibility of the VA, the Contractor shall fully document and take pictures of the incident to supply to the CO/COR.

1. Project Manager The Contractor shall provide an individual who shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under this contract. The name of the individual and alternate(s) who can act for the Contractor shall be designated in writing to the COR once the contract is awarded and whenever a change occurs. All employees shall be legal residents of the United States and be able to understand, speak, read, and write the english language.

2. Preventive Maintenance The time intervals for performing preventive maintenance shall be monthly, semiannually, and annually. The Contractor shall fill out a checklist for each elevator checked and place a tag on each elevator, indicating the date the PM was completed. The following legend shall be used for entries in the maintenance action column of the checklist.

[ I ] -- Checked [X] -- Adjusted [0] -- Requires Repair Note: All required reports on the checklist using the back for remarks if necessary. For example, under A.1, Hoist Machine, the oil level is checked. If the oil level is normal, enter a (I) in the maintenance action column; if oil had to be added, enter an (X) in the maintenance action column; if a cracked oil pan was noted, enter an (0) in the maintenance action column, along with a note listing the additional work performed or repairs that may be necessary in the near future. Sample elevator annual inspection report is included in Section D as an attachment.

3. Monthly PM – 30 days +/- five days The Contractor shall provide for one (1) scheduled preventive maintenance inspection per month on each elevator covered by this contract. The Contractor shall also provide maintenance service as required and perform preventive maintenance inspections annually, in conjunction with regularly scheduled monthly maintenance on the elevator systems listed in. The scheduled PM dates are to be the 21st of each month +/- five days.

4. Annual Maintenance and No-Load Testing- Annual is 365 days +/- 5 days The Government reserves the right to schedule the annual preventive maintenance and annual no load test for elevators so that these services are performed in conjunction with annual certification requirements. No load testing shall be conducted in accordance with ANSVAJME A-17 .2. The time frames for testing (See Technical Exhibit No 2) Hydraulic Elevators are every three (3) years and Traction Elevators every five (5) years. This testing shall be completed in August of the contract year.

5. Semi-Annual means occurring every six (6) months.

6. Safety Testing.

The Contractor shall perform safety test, hydraulic test and other test and inspections according to ANSI A17.1 (latest edition), ANSI 17.2 (latest edition), and as specified in this contract. The Contractor shall provide to the Government written documentation and results of test from a certified elevator inspector (other than a regular employee of Contractor). Any repairs or readjustments necessary to complete a satisfactory test shall be performed by Contractor at no additional cost to Government. All safety testing of elevators shall be conducted annually.

8. Emergency Service Calls In the event an elevator becomes inoperative between scheduled maintenance, or an emergency breakdown occurs, the Contractor shall respond to a service call from the Government within two (2) hours. The Government reserves the right to contract with other sources for services whenever the above time limit is exceeded. All costs for that third party service may be deducted from this contract. The Contractor shall provide emergency service after normal working hours seven days a week including holidays. Calls will be made by the Boiler Plant personnel for service required after duty hours. All service calls after normal duty hours and on weekends and holidays are Emergency Service Calls. The Contractor shall furnish the COR with the names and telephone numbers of qualified maintenance personnel and company officials who can be contacted to respond to an emergency after normal duty hours. When called in under an emergency service call, the Contractor shall remain on site until the emergency has ended. Any repairs required after the emergency has ended shall be completed within 5 working days. If the VA finds it necessary to schedule repairs after normal duty hours (as described), then the VA shall cover labor cost at straight time pay. If the elevator cannot be returned to service, a written report shall be submitted to the COR by 9:00 AM the next working day describing the corrective action required to return the elevator to service.

Parts availability: The Contractor shall locate and provide parts for emergency repairs in the shortest possible time. Any part required for a repair shall be available in no more than five (5) calendar days. The Contractor shall become familiar with the VA’s elevators and determine parts sources for all common parts.

Emergency Service may consist of elevator doors being knocked off track by food carts, or other carts elevators not leveling, broken key operator switch, elevator car stuck between floors, loose wires, stop switch off, defective micro switches, gate door not completely closed and dirt in tracks or other; user caused breakdown. Service calls and emergency service calls are (regardless of time of day or day of the week) are included in contract and are not billable hours. If elevator is found to be in operation upon arrival and is 100% serviceable with no limitations or discrepancies of any type, then that service call shall be billable.

9. Non-Emergency or Non-Urgent Service Calls:

In the event a service call repair is identified as a Non-Emergency or Non-Urgent by the COR. The COR will notify the vendor of a pending call and the Contractor will work with the COR to schedule the repair. All non-emergency or non-urgent service calls shall still require repairs to be performed 7 days a week 24 hours a day.

10. Coordination of work No elevator that is currently in service will be taken out of service/shutdown without coordination with and the prior approval of the COR.

11. Work outside scope of contract No work outside the scope of the contract will be accomplished without the approval of the Contracting Officer. In the event the Contractor believes required service is outside the scope of this contract, all work is to be stopped and the Contracting Officer or the Contracting Officer’s Representative (COR) notified immediately.

12. Rework The Contractor shall correct all service call maintenance deficiencies which are due to poor Contractor workmanship, failure during the warranty period, use of unauthorized materials, or neglect at no additional cost to the Government. Rework calls shall be completed within two days after notification of the requirements.

13. Hazardous Conditions During the course of performing work under this contract, should the Contractor find serious or hazardous conditions existing in any of the elevator systems, the Contractor shall secure the equipment and immediately notify the COR.

14. Lubrication All lubrication and gear oils used under this contract shall conform to the elevator manufacturer's recommendation or a comparable industry standard.

15. Cleanliness The area immediately around the elevators provided for the Contractor's use while servicing, repairing, or maintaining equipment shall be kept in a clean and orderly condition. Trash and waste material shall not be permitted to accumulate and shall be removed by the Contractor employees.

16. Reporting Requirements The Contractor shall adhere to the schedule, and furnish with each invoice to the COR, written reports on the condition of the equipment within three (3) days after the end of the month during which the services were performed. Each report shall include a summary of the services performed by the Contractor, time required, parts replaced, deficiencies noted that will require future corrections and recommendations relative to methods of improving the operational effectiveness of the equipment. Specific equipment items shall be clearly identified in the report. The format of the report is subject to approval of the COR, when work is accomplished. No work shall commence prior to the COR's approval of the PM schedule. The Contractor shall reproduce as many copies as necessary at his/her own expense, for use during performance of this contract requirement.

No payment for the Maintenance Services portion of this contract will be made unless the PM schedules have been met and documented by the Contractor. The schedule shall be subject to change or revision at any time during the contract as directed the Contracting Officer. If a schedule change is to take place, the Government will notify the Contractor at least five (5) working days prior to the change. The Contractor is expected to adhere strictly to the scheduled PM dates to facilitate Government verification of inspections. If the Contractor finds it necessary to reschedule PM, a formal typed request shall be made to the COR detailing the reason for the request at least 5 (five) working days prior to the originally scheduled PM date. No scheduled PM dates shall be changed without prior approval of the COR. The scheduled PM dates are to be the 21st of each month +/- 5 days.

17. Deliverables

1. Personnel Experience: Contractor shall furnish qualifications for each of the maintenance and service employees who will work under this contract. Mechanic's qualifications shall consist of a recognized journeyman license or satisfactory completion of six (6) months in an accredited school of technical training in the field of elevator technology followed by four (4) years of experience as a repair mechanic with an established company that has repaired and installed equipment similar to that covered under this contract.

2. Contractor Quality Control: The Contractor shall establish and maintain a Quality Control Plan that is acceptable to the Government and ensures that all requirements of the contract are met.

3. Maintenance Schedules: The Contractor shall submit a detailed preventive maintenance schedule, including dates and building numbers and as a minimum the listed requirements. A separate schedule shall be submitted for monthly and annual PM requirements.

4. Contractor Availability: The Contractor shall maintain a telephone at which the Contractor or an authorized representative may be reached 24 hours a day, 7 days a week including holidays. The telephone shall be listed in the Contractor's name. If the Contractor does not have a local telephone, the Contractor shall maintain a toll free emergency telephone or accept collect calls from authorized government personnel.

5. Checklist Submission: Within two (2) days after completion of all monthly and annual preventive maintenance work, the Contractor shall submit the checklist to the COR. The Contractor shall enter the equipment, building number, and date the PM was performed on all checklists. The mechanic who performed the PM shall sign the checklist. Unsigned checklists will be considered as work not performed.

Part III: Supporting Information

A. Security Contractor shall provide each employee with a picture identification badge. The badge shall include the person's name and the name of the Contractor's firm. Contractor shall ensure that personnel wear the badge in plain view at all times when performing work under this contract.

B. Travel None

C. Place of Performance The place of performance is the Battle Creek VA Medical Center, 5500 Armstrong Road, Battle Creek, Michigan 49015.

D. Period of Performance The period of performance is for one (1) base year commencing April 3, 2023 through April 2, 2024, with four (4) one (1) year option periods to be exercised at the discretion of the government.

Normal duty hours of the Battle Creek VA Medical Center are 8:00 a.m. to 4:30 p.m. Monday through Friday.

The following are legal public holidays in effect for the term of this contract. Scheduled contract performance falling on one of these days shall be rescheduled for the day preceding or the day following the holiday.

Juneteenth National Independence Day

E. Government-Furnished Property None

F. Qualifications of Key Personnel Employee qualifications shall consist of a recognized journeyman license or satisfactory completion of six (6) months in an accredited school of technical training in the field of elevator technology followed by four (4) years of experience as a repair mechanic with an established company that has repaired and installed equipment of similar type to that covered under this contract.

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

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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…