36C25026Q0088.docx

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Attached to
H212--NIHCS Fire Alarm & Suppression Testing Federal contract opportunity
Solicitation number
36C25026Q0088
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 10

About this file

This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (SF 1449) issued by the Department of Veterans Affairs (VA) Network 10 Contracting Office for fire alarm and suppression system testing services at the VA Northern Indiana Healthcare System (VANIHCS) Marion and Fort Wayne campuses.

The contract requires comprehensive fire alarm and sprinkler system inspection and testing services for two VA facilities over a five-year period consisting of a one-year base period (March 1, 2026 – February 28, 2027) plus four one-year option periods. Services include semi-annual and quarterly testing of tamper switches, water flow devices, fire department connections, and kitchen suppression systems; annual inspections of fire alarm systems with 100% testing of initiating devices; smoke detector sensitivity testing; sprinkler system inspections per NFPA 25 standards; fire extinguisher inspections; fire hydrant testing; and specialized testing such as 5-year standpipe hydrostatic testing and fire hydrant piping flow tests. The work must be performed at two locations: Marion Campus (1700 East 38th Street, Marion, IN 46953) and Fort Wayne Campus (2121 Lake Ave, Fort Wayne, IN 46805) during normal business hours (7:00 AM – 3:30 PM, Monday–Friday, excluding federal holidays). Offers are due February 6, 2026 at 9:00 AM EST, with questions due by February 2, 2026 at 9:00 AM EST. This is a Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside requiring the contractor to have NICET Level III fire alarm certification, a Fire Protection Engineer on staff, liability insurance of $3 million for property damage and personal injury, and maintain detailed inspection reports referencing NFPA and The Joint Commission standards. The contract incorporates FAR Part 12 commercial acquisition procedures and is awarded on a firm fixed-price basis with monthly invoicing submitted electronically. All submission documents must include a signed SF 1449, completed price schedule, and VAAR 852.219-75 Limitations on Subcontracting Certificate of Compliance for offerors to be eligible for award.

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Other files for this federal contract opportunity

Other files attached to H212--NIHCS Fire Alarm & Suppression Testing, newest first.
File Type Posted
36C25026Q0088 0005.docx DOCX document
Updated quantities- Marion Ft Wayne.xlsx XLSX spreadsheet
36C25026Q0088 0004.docx DOCX document
Fire Dampers Test Marion.pdf PDF
HOOD INFORMATION FORT WAYNE.docx DOCX document
Fire ext new fort wayne.xlsx XLSX spreadsheet
Fire Ext. Marion.xlsx XLSX spreadsheet
36C25026Q0088 0003.docx DOCX document
36C25026Q0088 0002.docx DOCX document
36C25026Q0088 0001.docx DOCX document

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Text version

36C25026Q0088

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

610-26-1-6091-0003 36C25026Q0088 01-28-2026 Janel Tate 734-222-6179 02-06-2026 09:00

EST

Department of Veterans Affairs Network 10 Contracting Office 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor MI 48105 X X 561621 $25 Million N/A X Department of Veterans Affair Northern Indiana - Marion VAMC Attn: Engineering

1700 EAST 38TH STREET

MARION IN 46953-4568

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

Invoices to be Submitted Electronically http://www.tungsten-network.com/customer campaigns/veterans-affairs-us/

See CONTINUATION Page VA Northern Indiana Healthcare System (NAICS) Marion and Fort Wayne Clinic requires NIHCS Fire Alarm & Suppression Testing.

Questions are due by February at 9:00 AM EST.

Offers are due by February , 2026 at 9:00 AM EST.

Offeror shall submit a signed copy of the SF1449, completed price schedule, 852.219 75 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and and Construction and all certifications listed within the Statement of Work must be submitted with the quotation or offeror will not be eligible for award.

This procurement will be conducted as a comparative analysis utilizing FAR Part

12. The resulting award will be a firm fixed price contract.

See CONTINUATION Page 610-3660162-6091-854100 X X One(1) Kristina L. Peart Contracting Officer Table of Contents

SECTION AError! Bookmark not defined.
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICESError! Bookmark not defined.
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 PRICE/COST SCHEDULE6
B.3 STATEMENT OF WORK22
SECTION C - CONTRACT CLAUSES31
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)31
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)36
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)37
C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS37
C.5 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)37
C.6 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)44
C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)45
C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)54
C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)54
C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)57
C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)59
C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)60
C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)60
C.14 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)61
C.15 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)62
C.16 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025)62
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS63
D.1 WAGE DETERMINATION INFORMATION63
SECTION E - SOLICITATION PROVISIONS64
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)64
E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)68
E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)68
E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)69
E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)73
E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)73
E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)74

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: ______________________

Phone: ______________________
Email: ______________________

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

SAM Unique ID: ______________________Business Size: ______________________
b. GOVERNMENT:Department of Veterans Affairs

Network 10 Contracting Office 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor MI 48105

Kristina Peart, Contracting Officer: Kristina.Peart@va.gov
Janel Tate, Contract Specialist: janel.tate-montgomery@va.gov

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

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

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. MANDATORY SUBMITTED DOCUMENTS : Offeror shall submit a signed copy of the SF1449, completed price schedule, 852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction and all certifications listed within the Statement of Work must be submitted with the quotation or offeror will not be eligible for award.

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

AMENDMENT NUMBER
AMENDMENT NUMBER

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2.00
EA
__________________
__________________

FTW Semi Annual Tamper Switches & Water Flow Testing- EC.02.03.05 EP2 Contract Period: Base POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

4.00
EA
__________________
__________________

FTW Quarterly Fire Department Connection Testing- EC.02.03.05 EP10

POP Begin: 03-01-2026 POP End: 02-28-2027

4.00
EA
__________________
__________________

FTW Quarterly Mechanical Water Flow Device Testing- NFPA 25

POP Begin: 03-01-2026 POP End: 02-28-2027

2.00
EA
__________________
__________________

FTW Semi-Annual Kitchen Suppression System Testing- EC.02.03.05 EP13

POP Begin: 03-01-2026 POP End: 02-28-2027

2.00
EA
__________________
__________________

MAR Semi-Annual Tamper Switches & Water Flow Testing- EC.02.03.05 EP2

POP Begin: 03-01-2026 POP End: 02-28-2027

4.00
EA
__________________
__________________

MAR Quarterly Fire Department Connection Testing- EC.02.03.05 EP10

POP Begin: 03-01-2026 POP End: 02-28-2027

4.00
EA
__________________
__________________

MAR Quarterly Mechanical Water Flow Device Testing-NFPA 25

POP Begin: 03-01-2026 POP End: 02-28-2027

2.00
EA
__________________
__________________

MAR Semi-Annual Kitchen Suppression System Testing- EC.02.03.05 EP13

POP Begin: 03-01-2026 POP End: 02-28-2027

2.00
EA
__________________
__________________

FTW Semi-Annual Tamper Switchs & Waer Flow Testing- EC.02.03.05 EP2 Contract Period: Option 1 POP Begin: 03-01-2027 POP End: 02-29-2028

4.00
EA
__________________
__________________

FTW Quarterly Fire Department Connection Testing- EC.02.03.05 EP10

POP Begin: 03-01-2027 POP End: 02-29-2028

4.00
EA
__________________
__________________

FTW Quarterly Mechanical Water Flow Device Testing- NFPA 25

POP Begin: 03-01-2027 POP End: 02-29-2028

2.00
EA
__________________
__________________

FTW Semi-Annual Kitchen Suppression System Testing- EC.02.03.05 EP13

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

FTW Annual Portable Fire Extinguisher Testing- NFPA 10

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

FTW Annual Supervisory Devices & Switches Testing- EC.02.03.05 EP1

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

FTW Annual Duct, Heat, & Smoke Detector Testing- EC.02.03.05 EP3

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

FTW Annual Nitifying Device Testing- EC.02.03.05 EP4

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

FTW Annual Emergency Notification Transmission Equipment Testing- EC.02.03.05 EP5

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

FTW Annual Sprinkler System Main Drain Riser Testing- EC.02.03.05 EP9

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

FTW Annual Smoke Detection Shutdown of HVAC Device Testing- EC.02.03.05 EP19

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

FTW Annual Hydrant Flushing Testing NFPA 25 7.2.2.4

POP Begin: 03-01-2027 POP End: 02-29-2028

2.00
EA
__________________
__________________

MAR Semi-Annual Tamper Switches & Water Flow Testing- EC.02.03.05 EP2

POP Begin: 03-01-2027 POP End: 02-29-2028

4.00
EA
__________________
__________________

MAR Quarterly Fire Department Connection Testing- EC.02.03.05 EP10

POP Begin: 03-01-2027 POP End: 02-29-2028

4.00
EA
__________________
__________________

MAR Quarterly Mechanical Water Flow Device Testing-NFPA 25

POP Begin: 03-01-2027 POP End: 02-29-2028

2.00
EA
__________________
__________________

MAR Semi-Annual Kitchen Suppression System Testing- EC.02.03.05 EP13

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

MAR Annual Portable Fire Extinguisher Testing- NFPA 10

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

MAR Annual Supervisory Device and Switches Testing- EC.02.03.05 EP1

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

MAR Annual Duct, Heat, & Smoke Detector Testing- EC.02.03.05 EP3

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

MAR Annual Notifying Device Testing- EC.02.03.05 EP4

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

MAR Annual Emergency Notification Transmission Equipment Testing- EC.02.03.05 EP5

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

MAR Annual Sprinkler System Main Drain Riser Testing- EC.02.03.05 EP9

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

MAR Annual Smoke Detection Shutdown of HVAC Device Testing- EC.02.03.05 EP19

POP Begin: 03-01-2027 POP End: 02-29-2028

1.00
EA
__________________
__________________

MAR Annual Fire Hydrant Flushing Testing- NFPA 25 7.2.2.4

POP Begin: 03-01-2027 POP End: 02-29-2028

2.00
EA
__________________
__________________

FTW Semi-Annual Tamper Switchs & Waer Flow Testing- EC.02.03.05 EP2 Contract Period: Option 2 POP Begin: 03-01-2028 POP End: 02-28-2029

4.00
EA
__________________
__________________

FTW Quarterly Fire Department Connection Testing- EC.02.03.05 EP10

4.00
EA
__________________
__________________

FTW Quarterly Mechanical Water Flow Device Testing- NFPA 25

2.00
EA
__________________
__________________

FTW Semi -Annual Kitchen Suppression System Testing- EC.02.03.05 EP13

1.00
EA
__________________
__________________

FTW Annual Portable Fire Extinguisher Testing- NFPA 10

1.00
EA
__________________
__________________

FTW Annual Supervisory Devices & Switches Testing- EC.02.03.05 EP1

1.00
EA
__________________
__________________

FTW Annual Duct, Heat, & Smoke Detector Testing- EC.02.03.05 EP3

1.00
EA
__________________
__________________

FTW Annual Notifying Device Testing- EC.02.03.05 EP4

1.00
EA
__________________
__________________

FTW Annual Emergency Notification Transmission Equipment Testing- EC.02.03.05 EP5

1.00
EA
__________________
__________________

FTW Annual Sprinkler System Main Drain Riser Testing- EC.02.03.05 EP9

1.00
EA
__________________
__________________

FTW Annual smoke Detection Shutdown of HVAC Device Testing- EC.02.03.05 EP19

1.00
EA
__________________
__________________

FTW Annual Fire Hydrant Flushing- NFPA 25 7.2.2.4

1.00
EA
__________________
__________________

FTW 4 year Smoke & Fire Damper Testing- EC.02.03.05 EP18

2.00
EA
__________________
__________________

MAR Semi-Annual Tamper Switches & Water Flow Testing- EC.02.03.05 EP2

4.00
EA
__________________
__________________

MAR Quarterly Fire Department Connection Testing- EC.02.03.05 EP10

4.00
EA
__________________
__________________

MAR Quarterly Mechanical Water Flow Device Testing-NFPA 25

2.00
EA
__________________
__________________

MAR Semi-Annual Kitchen Suppression System Testing- EC.02.03.05 EP13

1.00
EA
__________________
__________________

MAR Annual Portable Fire Extinguisher Testing- NFPA 10

1.00
EA
__________________
__________________

MAR Annual Supervisory Device and Switches Testing- EC.02.03.05 EP1

1.00
EA
__________________
__________________

MAR Annual Duct, Heat, & Smoke Detector Testing- EC.02.03.05 EP3

1.00
EA
__________________
__________________

MAR Annual Notifying Device Testing- EC.02.03.05 EP4

1.00
EA
__________________
__________________

MAR Annual Emergency Notification Transmission Equipment Testing- EC.02.03.05 EP5

1.00
EA
__________________
__________________

MAR Annual Sprinkler System Main Drain Riser Testing- EC.02.03.05 EP9

1.00
EA
__________________
__________________

MAR Annual Smoke Detection Shutdown of HVAC Device Testing- EC.02.03.05 EP19

1.00
EA
__________________
__________________

MAR Annual Fire Hydrant Flushing- NFPA 25 7.2.2.4

1.00
EA
__________________
__________________

MAR 4 year Smoke & Fire Damper Testing- EC.02.03.05 EP18

2.00
EA
__________________
__________________

FTW Semi-Annual Tamper Switchs & Waer Flow Testing- EC.02.03.05 EP2 Contract Period: Option 3 POP Begin: 03-01-2029 POP End: 02-28-2030

4.00
EA
__________________
__________________

FTW Quarterly Fire Department Connection Testing- EC.02.03.05 EP10

4.00
EA
__________________
__________________

FTW Quarterly Mechanical Water Flow Device Testing- NFPA 25

2.00
EA
__________________
__________________

FTW Semi-Annual Kitchen Suppression System Testing- EC.02.03.05 EP13

1.00
EA
__________________
__________________

FTW Annual Portable Fire Extinguisher Testing- NFPA 10

1.00
EA
__________________
__________________

FTW Annual Supervisory Devices & Switches Testing- EC.02.03.05 EP1

1.00
EA
__________________
__________________

FTW Annual Duct, Heat, & Smoke Detector Testing- EC.02.03.05 EP3

1.00
EA
__________________
__________________

FTW Annual Notifying Device Testing- EC.02.03.05 EP4

1.00
EA
__________________
__________________

FTW Annual Emergency Notification Transmission Equipment Testing- EC.02.03.05 EP5

1.00
EA
__________________
__________________

FTW Annual Sprinkler System Main Drain Riser Testing- EC.02.03.05 EP9

1.00
EA
__________________
__________________

FTW Annual Smoke Detection Shutdown of HVAC Device Testing- EC.02.03.05 EP19

1.00
EA
__________________
__________________

FTW Annual Fire Hydrant Flushing- NFPA 25 7.2.2.4

2.00
EA
__________________
__________________

MAR Semi-Annual Tamper Switches & Water Flow Testing- EC.02.03.05 EP2

4.00
EA
__________________
__________________

MAR Quarterly Fire Department Connection Testing- EC.02.03.05 EP10

4.00
EA
__________________
__________________

MAR Quarterly Mechanical Water Flow Device Testing-NFPA 25

2.00
EA
__________________
__________________

MAR Semi-Annual Kitchen Suppression System Testing- EC.02.03.05 EP13

1.00
EA
__________________
__________________

MAR Annual Portable Fire Extinguisher Testing- NFPA 10

1.00
EA
__________________
__________________

MAR Annual Supervisory Device and Switches Testing- EC.02.03.05 EP1

1.00
EA
__________________
__________________

MAR Annual duct, Heat, & Smoke Detector Testing- EC.02.03.05 EP3

1.00
EA
__________________
__________________

MAR Annual Notifying Device Testing- EC.02.03.05 EP4

1.00
EA
__________________
__________________

MAR Annual Emergency Notification Transmission Equipment Testing- EC.02.03.05 EP5

1.00
EA
__________________
__________________

MAR Annual Sprinkler System Main Drain Riser Testing- EC.02.03.05 EP9

1.00
EA
__________________
__________________

MAR Annual Smoke Detection Shutdown of HVAC Device Testing- EC.02.03.05 EP19

1.00
EA
__________________
__________________

MAR Annual Fire Hydrant Flushing Testing- NFPA 25 7.2.2.4

2.00
EA
__________________
__________________

FTW Semi-Annual Tamper Switchs & Waer Flow Testing- EC.02.03.05 EP2 Contract Period: Option 4 POP Begin: 03-01-2030 POP End: 02-28-2031

4.00
EA
__________________
__________________

FTW Quarterly Fire Department Connection Testing- EC.02.03.05 EP10

4.00
EA
__________________
__________________

FTW Quarterly Mechanical Water Flow Device Testing- NFPA 25

2.00
EA
__________________
__________________

FTW Semi-Annual Kitchen Suppression System Testing- EC.02.03.05 EP13

1.00
EA
__________________
__________________

FTW Annual Portable Fire Extinguisher Testing- NFPA 10

1.00
EA
__________________
__________________

FTW Annual Supervisory Devices & Switches Testing- EC.02.03.05 EP1

1.00
EA
__________________
__________________

FTW Annual Duct, Heat, & Smoke Detector Testing- EC.02.03.05 EP3

1.00
EA
__________________
__________________

FTW Annual Notifying Device Testing- EC.02.03.05 EP4

1.00
EA
__________________
__________________

FTW Annual Emergency Notification Transmission Equipment Testing- EC.02.03.05 EP5

1.00
EA
__________________
__________________

FTW Annual Sprinkler System Main Drain Riser Testing- EC.02.03.05 EP9

1.00
EA
__________________
__________________

FTW Annual smoke Detection Shutdown of HVAC Device Testing- EC.02.03.05 EP19

1.00
EA
__________________
__________________

FTW Annual Fire Hydrant Flushing- NFPA 25 7.2.2.4

1.00
EA
__________________
__________________

FTW 5 year Standpipe Hydrostatic Testing, Fire Department Connections (Due 2030)- NFPA 25 6.3.1.1

1.00
EA
__________________
__________________

ftw 5 YEAR Fire Hydrant Pipeing Flow Test (Due 2030)- NFPA 25 7.3.1

2.00
EA
__________________
__________________

MAR Semi-Annual Tamper Switches & Water Flow Testing- EC.02.03.05 EP2

4.00
EA
__________________
__________________

MAR Quarterly Fire Department Connection Testing- EC.02.03.05 EP10

4.00
EA
__________________
__________________

MAR Quarterly Mechanical Water Flow Device Testing-NFPA 25

2.00
EA
__________________
__________________

MAR Semi-Annual Kitchen Suppression System Testing- EC.02.03.05 EP13

1.00
EA
__________________
__________________

MAR Annual Portable Fire Extinguisher Testing- NFPA 10

1.00
EA
__________________
__________________

MAR Annual Supervisory Device and Switches Testing- EC.02.03.05 EP1

1.00
EA
__________________
__________________

MAR Annual duct, Heat, & Smoke Detector Testing- EC.02.03.05 EP3

1.00
EA
__________________
__________________

MAR Annual Notifying Device Testing- EC.02.03.05 EP4

1.00
EA
__________________
__________________

MAR Annual Emergency Notification Transmission Equipment Testing- EC.02.03.05 EP5

1.00
EA
__________________
__________________

MAR Annual Sprinkler System Main Drain Riser Testing- EC.02.03.05 EP9

1.00
EA
__________________
__________________

MAR Annual Smoke Detection Shutdown of HVAC Device Testing- EC.02.03.05 EP19

1.00
EA
__________________
__________________

MAR Annual Fire Hydrant Flushing- NFPA 25 7.2.2.4-NFPA 25 7.2.2.4

1.00
EA
__________________
__________________

MAR 5 year Standpipe Hydrostatic Testing, Fire Department Connection Testing (Due 2030)- NFPA 25 6.3.1.1

1.00
EA
__________________
__________________

MAR 5 year Fire Hydrant Pipeing Flow Test (Due 2030)- NFPA 25 7.3.1

GRAND TOTAL
__________________

BASE YEAR TOTAL

OPTION YEAR ONE (1) TOTAL

OPTION YEAR TWO (2) TOTAL

OPTION YEAR THREE (3) TOTAL

OPTION YEARFOUR (4) TOTAL

AGGREGATE TOTAL:

B.3 STATEMENT OF WORK

I. PLACE OF PERFORMANCE

1. VANIHCS, Marion Campus, 1700 E 38th Street, Marion, Indiana, 46953

2. VANIHCS, Fort Wayne Campus, 2121 Lake Ave, Fort Wayne, Indiana, 46805

II. MAINTENANCE OF SERVICE

A. Fire Alarms:

a. The contractor shall provide labor to test and diagnose malfunctions of all Fire Alarm Systems for the Fort Wayne Campus of VA Northern Indiana Healthcare System for the following buildings:

b. Buildings- 1, 2, 3, 4, 5, 6, 7, 8, 16, and MRI Building

c. The contractor shall provide labor to test and diagnose malfunctions of all Fire Alarm Systems for the Marion Campus of VA Northern Indiana Healthcare Systems for the following buildings:

III. Buildings- 2, 5, 6, 8, 9, 15&127 (same alarm panel), 16, 17, 49, 51-53(same alarm panel), 55, 65, 76, 79, 114, 124, 138(the new PACT building is considered an extension of building 138), 170, 172, 173, 174, 175, 185, and 1301-3004(same alarm panel).

B. Sprinklers:

1. The Contractor shall provide labor and materials to diagnose and repair malfunctions on all Automatic Sprinkler Systems for the Fort Wayne Campus of V.A. Northern Indiana Health Care System for the following buildings:

1. Buildings: 1, 2, 4, 8, and MRI building. These sprinkler systems are Wet with a small antifreeze system located on the dock area of the basement of Bldg. 1.

e. Contractor shall provide labor and materials to diagnose and repair malfunctions on all Automatic Sprinkler Systems for the Marion Campus of V.A. Northern Indiana Health Care System for the following buildings:

1. Buildings: 8, 9, 49, 127, and 175 these sprinkler systems are Dry.

IV. Buildings: 16, 55, 76, 124, 138, 172, 174, and 185, these sprinkler systems are Wet.

g. There are a total of 20 wet sprinkler risers in Fort Wayne and 2 Antifreeze.

h. There are a total of 56 wet sprinkler risers in Marion, 1 antifreeze, and 5 dry systems.

C. Inspections/Tests

1. Annual inspections for all fire alarm systems will be determined by Environmental Health and Safety Department. Inspection dates shall be scheduled in advance with the Environmental Health and Safety Department. All inspections shall be completed, and written reports shall be submitted within thirty (30) days to the Contracting Officer Representative. The Contractor is required to ensure that all generated reports reference the relevant NFPA and TJC Standards (such as EC.02.03.01, among others). Any critical deficiencies found shall be reported immediately to the Safety Officer, Chief of Engineering, and Quality Management or Designee Annual testing/inspections shall consist of the following:

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

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

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

5. Throughout all conducted tests, should any failure occur, the contractor is obligated to inform the COR, Safety Officer, and Engineering Supervisor. Once the issue has been resolved, the contractor shall return to perform retesting.

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

D. EXAMPLE of testing schedule:

LOCATIONS
JAN
FEB
MAR
APR
MAY
JUNE
JULY
AUG
SEP
OCT
NOV
DEC

BUILDINGS 172, 175, AND 185

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

SEMI-ANNUAL INSPECTIONS AND TESTING OF THE AUTOMATIC SPRINKLER SYSTEMS

BUILDINGS 138 AND 174

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

SEMI-ANNUAL INSPECTIONS AND TESTING OF THE AUTOMATIC SPRINKLER SYSTEMS

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

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

SEMI-ANNUAL INSPECTIONS AND TESTING OF THE AUTOMATIC SPRINKLER SYSTEMS

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

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

SEMI-ANNUAL INSPECTIONS AND TESTING OF THE AUTOMATIC SPRINKLER SYSTEMS

BUILDINGS 2, 5, 6, 8, 9, 12, 47, 49, 51-53, 65 AND 76
SEMI-ANNUAL INSPECTIONS AND TESTING OF THE AUTOMATIC SPRINKLER SYSTEMS

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

BUILDINGS 41, 79, 173, AND 1301-3004

ANNUAL INSPECTIONS AND TESTING OF ALL FIRE ALARM SYSTEMS, DEVICES

I. Building Sprinkler Inspection/Maintenance And Procedures

1. The sprinkler contractor shall do the following for the Sprinkler Flow Alarms:

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

i. Check time delay on all flow switches. Time delay shall not exceed 90 seconds per NFPA 72. Record the time delay for alarm in the report that consolidates per the following buildings:

1. Fort Wayne Campus: Buildings: 1, 2, 4, 8, and MRI Building V. Marion Campus: Buildings: 2, 5, 6, 8, 9, 15, 16, 17, 55, 76, 79, 124, 138, 172, 174, and 185 water flow devices.

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

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

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

n. FD Connects hydrostatic testing at 150 psi from the fire department connection to the check valve. 5 Year test. This test is required for at least two (2) hours per NFPA 25 or current standard.

o. Semi-annual sprinkler system testing, including, flows, tampers, main drain testing with quarterly main drain testing at Marion and Fort Wayne campuses.

p. Hydrostatic Standpipe flow test is to be conducted on the Marion Campus by January 2026. During the final option year of the contract, the contractor is required to carry out the standpipe flow test for both the Fort Wayne and Marion Campuses in the months of July and August of 2030.

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

5.

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

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

7.

III. Smoke Detectors, Duct Smoke Detectors, Smoke Dampers A. Activate smoke detectors and duct smoke detectors using the manufacturers recommended procedures for testing. Magnetic test switch methods are not acceptable. Approved Smoke Substitute must be used to verify smoke can always enter the smoke chambers.

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

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

D. The contractor shall verify correct operation of elevator recall when lobby smoke detectors and elevator shaft smoke detectors are activated at the following building:

1. Fort Wayne Campus: Building: 1

q. Marion Campus: Buildings: 2, 5, 6, 16, 51, 55, 138, 172, 174, and 185.

r. Elevators shall function in accordance with ANSI A17.1. Repairs required on the elevator equipment are not covered in this contract. Elevator technician or specialist shall be on site for assistance.

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

· Fire damper links shall be changed out every 4 years at the Marion Campus, next due date Feb 2028.

· Fire damper links shall be changed out every 6 years at the Fort Wayne Campus, next due date Feb 2030.

9.

IV. Fire Extinguishers

1. The contractor shall perform yearly inspection, tagging, and labeling of all fire extinguishers. The contractor is required to work with Environmental Health and Safety Department to accomplish this task annually.

10.

V. Kitchen Hood Suppression Systems

1. The contractor shall provide the following services:

1. Semi-annual inspections

s. Changing of fusible links

t. Systems testing

VI. Fire Hydrants

1. Annual testing needs to start in Option Year 1 in occurrence with NFPA 25. This testing needs to be completed between June through August.

· The final year of the contract period shall include the 5-year requirement of testing all campus fire hydrants and piping flow per NFPA 25 requirements. This needs to be performed between June through August.

12.

VII. Electromagnetic Door Holders

1. The contractor shall Verify correct operation of door holders when alarm conditional exists. All smoke doors shall close on the floor in which the alarm was initiated.

· Report any doors that do not close properly to the Safety Officer and Chief of Engineering.

13.

VIII. Audio/Visual Devices

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

15.

IX. Annunciator Panel

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

17.

X. Preventative Maintenance

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

1. Smoke detectors, control panels, and all elevator shaft detectors shall be cleaned as needed.

2. Any smoke detector that fails sensitivity shall be cleaned and retested.

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

B. Marion Campus: Siemens Industry Inc., Desigo Fire Safety System Model FC 2025/2050 and FV 2025/2050 shall be checked to verify proper operation and to verify that alarm and trouble conditions are received at Building-170, V.A. Police Dispatch office, and the contracted Monitoring Company.

19.

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

B. All malfunctions identified during inspection and repair shall be reported immediately to Engineering, Quality Management, and Environmental Health and Safety Department. The report shall include the causative factor and method of correction. Contractor shall certify that the prescribed inspections and test were performed. Inspection reports are to be delivered to Environmental Health and Safety Department within thirty (30) days after completion of the inspection.

20.

XIII. Parts

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

21.

XIV. Contractor Qualifications

1. Contractor shall provide with this solicitation the following:

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

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

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

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

a. Property Damage Liability $3,000,000.00

b. Personal Injury Liability $3,000,000.00

x. The contractor shall maintain an adequate number of employees, perform scheduled and maintain continuous coverage.

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

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

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

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

XV. General Requirements A. Work Time

1. All testing shall be done during normal duty hours (7:00am through 3:30pm Monday through Friday) excluding Federal Holidays. Shunt and elevator recall testing shall be performed Monday through Friday excluding Federal Holidays. Testing of shunts and elevator Recall must be scheduled with Environmental Health and Safety Department as well as the Engineering Department five (5) days prior to testing.

Federal Holidays are as follows:

· New Year’s Day

· Birthday of Martin Luther King, Jr.

· Washington’s Birthday

· Memorial Day

· Juneteenth National Independence Day

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving Day

· Christmas Day

ac. The contractor is to arrange all inspections and tests two (2) weeks in advance with Contracting Officer Representative (COR).

B. Qualification of Contractors

1. A quotation will be considered only from Contractors who are registered in SAM.org with NAICS 561621 and who are financially responsible and have the necessary equipment and personal to furnish services in the volume required for all items under this solicitation.

1. The successful bidder shall meet all Federal, State and local codes and requirements for the operation of this service.

C. Evidence of Insurance Coverage

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

D. Schedule of Insurance Coverage In accordance with FAR clause 52.228-5 cited herein, the following:

1. Minimum coverage shall apply to this contract:

1. Workers’ compensation and employers’ liability: The contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under the statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operation is so commingled with a contractor’s commercial operation that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 is required, except states with exclusive and monopolistic funds that do not permit worker’s compensation to be written by private carriers.

VI. General Liability: $500,00 per occurrence VII. Automobile Liability: $250,00 per person, $500,000 per occurrence, and $100,000 property damage.

E. Record Management

1. Federal Records related to this contract, regardless of medium, shall be created, maintained, and dispositioned in accordance with the VHA Records Control Schedule (RCS) 10-1, General Records Schedule (GRS) or another NARA-approved records schedule, if applicable with NFPA, TJC Standards, and CARF.

ae. Contractor shall type all reports out with the following information (see attachment 1):

1. Location, device type, and address being tested VIII. States all codes pertained to that testing with applicable Joint Commission EP standard, NFPA, etc. (e.g. EC 02.03.05 EP 03 Annual testing of duct detectors, heat detectors, manual fire alarm boxes, and smoke detectors. NFPA 72 (2019) Table 14.4.3.2 (17) IX. Date being tested X. Next required test date XI. States if device passed or failed XII. A summary report with all devices tested with pass/fail for each building

ag. Federal Records shall be stored per the National Archives & Records Administration (NARA) Records Management, as described in 36 Code of Federal Regulations (CFR) Chapter XII Subchapter B.

References

1. VHA Records Control Schedule (RCS) 10-1.

2. General Records Schedule (GRS).

36C25026Q0088

3. NARA Records Management, 36 CFR Chapter XII Subchapter B.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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…

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