36C25220Q0111-001.docx
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- Attached to
- Air Duct Maintenance at Jesse Brown VAMC
- Solicitation number
- 36C25220Q0111
About this file
This solicitation requests offers for air duct maintenance services at the Jesse Brown VA Medical Center in Chicago, Illinois. The contractor shall provide all labor, equipment, supervision, and materials to perform quarterly air changes per hour testing and balancing, quarterly cleaning of cafeteria exhaust systems, semi-annual cleaning of air handler units and exhaust systems, and annual cleaning of exhaust systems and filter replacement. The period of performance is one base year with four one-year option periods. Offerors must submit fixed unit prices for each contract line item. The NAICS code is 561210 and the size standard is $41.5 million. The solicitation is designated as a total small business set-aside.
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36C25220Q0111
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.
DUNS:
DUNS+4:
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. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
537-20-1-6112-0004 36C25220Q0111 11-27-2019
ST.ONGE
,DONALD
224-610-3680 01-07-2020 11:59PM local 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S. 84th Street, Suite 101 Milwaukee WI 53214-1476 X X 561210 $41.5 Million N/A X 36C252 Department of Veterans Affairs Jesse Brown VA Medical Center 820 S. Damen Ave.
Chicago IL 60612-3728 36C252 Department of Veterans Affairs
GLAC-NORTH CHICAGO IL
3001 Green Bay Road Building 1, Room 326 North Chicago IL 60064-3048
Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page Contractor to conduct Air Changes per Hour (ACH) testing and clean central fan systems, associated ductwork systems and other mechanical systems and equiipment at the Jesse Brown VA medical Center in Chicago, IL in accordance with the Performance Work Statement. See continuation pages.
The latest DOL Wage Determination (#15-5017 Revision 13, dated 7/16/2019) shall apply to any contract resulting from this solicitation.
See CONTINUATION Page X X
ASHLEY JOHNSON
Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449) | 4 |
| B.2 SCHEDULE | 7 |
| B.3 PERFORMANCE WORK STATEMENT (PWS) | 10 |
| SECTION C - CONTRACT CLAUSES | 18 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 18 |
| C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 24 |
| C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 24 |
| C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 24 |
| C.5 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-01) | 25 |
| C.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01) | 25 |
| C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS | 27 |
| C.8 52.232-18 AVAILABILITY OF FUNDS (APR 1984) | 27 |
| C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 27 |
| C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019) | 27 |
| C.11 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 28 |
| C.12 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 28 |
| C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 29 |
| C.14 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 30 |
| C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019) | 31 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 39 |
| D.1 DOL WAGE DETERMINATION | 39 |
| SECTION E - SOLICITATION PROVISIONS | 49 |
| E.1 52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS | 49 |
| E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 53 |
| E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019) | 54 |
| E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 55 |
| E.5 52.216-1 TYPE OF CONTRACT (APR 1984) | 56 |
| E.6 52.233-2 SERVICE OF PROTEST (SEP 2006) | 56 |
| E.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019) | 57 |
| E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 57 |
| E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 58 |
| E.10 52.212-2 EVALUATION—SIMPLIFIED ACQUISITION PROCEDURES | 58 |
| E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018) | 60 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)
1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:
| a. CONTRACTOR: | ______________________________________ (Contractor’s Name) | ___________________________________________________ (Address) | |
| ______________________________________ (City-State-Zip) | |||
| ______________________________________ (Point of Contact/Title) | |||
| PHONE NUMBER | ______________________________________ | ||
| FAX NUMBER | ______________________________________ | ||
| E-MAIL ADDRESS | ______________________________________ |
DUNS NUMBER NO. ______________________________________
CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT
(IF DIFFERENT THAN ABOVE):
NAME: __________________________________________
EMAIL ADDRESS:_________________________________
b. GOVERNMENT: DONALD ST. ONGE, CONTRACT SPECIALIST
ASHLEY JOHNSON, CONTRACTING OFFICER
DEPARTMENT OF VETERANS AFFAIRS
GREAT LAKES ACQUISITION CENTER
115 S. 84TH ST., STE 100
MILWAUKEE WI 53214
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM – SYSTEM FOR AWARD (OCT 2018)
3. INVOICES: Invoices shall be submitted in arrears in accordance with:
a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
4. GOVERNMENT INVOICE ADDRESS (See SF1449 Block 18):
a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.
c. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.
d. For assistance setting up e-Invoice, the below information is provided:
i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135
* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com
* FSC e-Invoice Contact Information: 1-877-353-9791
* FSC e-invoice email: vafsccshd@va.gov
5. INVOICES cont:
a. Payments shall be made in arrears upon receipt of a properly prepared invoice
b. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-752-0900 option 2 for Enrollment.
c. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.
d. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.
e. For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov
OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO | DATE | |
| ______________________________ | __________________________ | |
| ______________________________ | __________________________ | |
| ______________________________ | __________________________ |
ACQUISITION OF COMMERCIAL ITEMS:
This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13.5 Simplified Procedures for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used.
SECURITY & PRIVACY CONTROL:
The Authorization & Accreditation (A&A) requirements of VHA Handbook 6500.6 do not apply to this requirement, therefore, a Security Accreditation Package is not required. No A&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security If there are any questions related to privacy, please have a member of your staff contact the VA Privacy Service at (202) 461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at (304) 262-7733.
SPECIAL NOTES:
In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contract Specialist donald.st.onge@va.gov no later than MONDAY DECEMBER 9, AT NOON CENTRAL. Contracting will issue a consolidated response via solicitation amendment to www.fbo.gov within 2 business days to all parties.
The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.
SITE VISIT:
Site visit will be held on WEDNESDAY, DECEMBER 11, 2019 AT 9:00 AM. Offerors should attend to fully understand the nature of the work and the conditions under which the work is to be performed. Failure to attend the site visit will not relieve the successful offeror from completing the work in strict accordance with the true intent and meaning of the specifications.
Offerors shall contact Donald St. Onge at Donald.st.onge@va.gov not later than 2:00PM on Monday 9 December 2019 to confirm they will attend the site visit at Jesse brown VA Medical Center in Chicago, IL.
B.2 SCHEDULE
Base Period: Date of Award (TBD – January 2020) – 31 December 2020
| CLIN |
| DESCRIPTION |
| QTY |
| UNIT |
| UNIT PRICE |
| TOTAL PRICE |
Quarterly ACH testing, balance, adjustment and certification (PWS section 2a)
EA
Quarterly cleaning and degreasing of cafeteria exhaust systems (PWS section 2b)
EA
Semi-annual cleaning of Air Handler Units and exhaust systems (PWS section 2c)
EA
Annual cleaning of exhaust systems and replacement of HEPA filters (PWS section 2d)
YR
Base Year Total Price: $___________________
Option Year One: 1 January 2021 – 31 December 2021
| CLIN |
| DESCRIPTION |
| QTY |
| UNIT |
| UNIT PRICE |
| TOTAL PRICE |
Quarterly ACH testing, balance, adjustment and certification (PWS section 2a)
EA
Quarterly cleaning and degreasing of cafeteria exhaust systems (PWS section 2b)
EA
Semi-annual cleaning of Air Handler Units and exhaust systems (PWS section 2c)
EA
Annual cleaning of exhaust systems and replacement of HEPA filters (PWS section 2d)
YR
Option Year One Total Price: $___________________
Option Year Two: 1 January 2022 – 31 December 2022
| CLIN |
| DESCRIPTION |
| QTY |
| UNIT |
| UNIT PRICE |
| TOTAL PRICE |
Quarterly ACH testing, balance, adjustment and certification (PWS section 2a)
EA
Quarterly cleaning and degreasing of cafeteria exhaust systems (PWS section 2b)
EA
Semi-annual cleaning of Air Handler Units and exhaust systems (PWS section 2c)
EA
Annual cleaning of exhaust systems and replacement of HEPA filters (PWS section 2d)
YR
Option Year Two Total Price: $___________________
Option Year Three: 1 January 2023 – 31 December 2023
| CLIN |
| DESCRIPTION |
| QTY |
| UNIT |
| UNIT PRICE |
| TOTAL PRICE |
Quarterly ACH testing, balance, adjustment and certification (PWS section 2a)
EA
Quarterly cleaning and degreasing of cafeteria exhaust systems (PWS section 2b)
EA
Semi-annual cleaning of Air Handler Units and exhaust systems (PWS section 2c)
EA
Annual cleaning of exhaust systems and replacement of HEPA filters (PWS section 2d)
YR
Option Year Three Total Price: $___________________
Option Year Four: 1 January 2024 – 31 December 2024
| CLIN |
| DESCRIPTION |
| QTY |
| UNIT |
| UNIT PRICE |
| TOTAL PRICE |
Quarterly ACH testing, balance, adjustment and certification (PWS section 2a)
EA
Quarterly cleaning and degreasing of cafeteria exhaust systems (PWS section 2b)
EA
Semi-annual cleaning of Air Handler Units and exhaust systems (PWS section 2c)
EA
Annual cleaning of exhaust systems and replacement of HEPA filters (PWS section 2d)
YR
Option Year Four Total Price: $___________________
Total Contract Value: $____________________
B.3 PERFORMANCE WORK STATEMENT (PWS)
1. General Overview: Contractor shall provide all necessary labor, supervision, tools, materials, and equipment to conduct Air Changes per Hour (ACH) Testing and clean central fan systems, associated ductwork systems, and other mechanical systems and equipment located at the Jesse Brown VA Medical Center, Chicago, IL. All services shall be performed in accordance with the conformance standards, applicable industry standards, and manufacturer recommendations. In the event of any inconsistency between this PWS and any of the attached appendices regarding the scheduled service months or frequencies, the PWS shall prevail.
2. Specific Tasks and Deliverables:
a) Quarterly Air Changes per Hour (ACH) testing, balancing, adjustment and certification of ventilation systems.
SPS
| Room |
| Description |
| Room |
| Description |
| Room |
| Description |
| 1625 |
| Women’s Locker |
| 1639 |
| Preparation |
| 1643 |
| Staff Lockers |
| 1625A |
| Women’s Restroom |
| 1639 |
| HD-1 |
| 1644 |
| Staff Toilet |
| 1627 |
| Men’s Locker |
| 1639 |
| HD-2 |
| 1645 |
| Staff Lounge |
| 1627A |
| Men’s Restroom |
| 1639 |
| HD-3 |
| 1646 |
| Staff lockers |
| 1629 |
| Staff Break Room |
| 1639 |
| HD-4 |
| 1646A |
| Men’s Toilet |
| 1630 |
| Equipment Wash |
| 1639 |
| HD-5 |
| 1647 |
| Staff Toilet |
| 1635 |
| Soiled Receiving |
| 1639 |
| HD-9 |
| 1650 |
| Clean Receiving |
| 1637 |
| Cart Wash |
| 1639A |
| ETO |
| 1638 |
| ETO Room Service |
| 1640 |
| Sterile Supply |
Surgical Suite
| Room |
| Description |
| Room |
| Description |
| Room |
| Description |
| 2602 |
| Cystoscopy |
| 2613 |
| OR-4 Support |
| 2616 |
| OR-3 |
| 2604 |
| OR-7 |
| 2614 |
| OR-4 |
| 2618 |
| OR-2 |
| 2606 |
| OR-6 |
| OR-4 Closet |
| 2660 |
| OR-1 |
| 2608 |
| OR-5 |
Isolation Rooms
| Room |
| Room |
| Room |
| Room |
| Room |
| Room |
| Room |
| Room |
| 1109 |
| 2642 |
| 4657 |
| 5648 |
| 5657 |
| 6648 |
| 6659 |
| ER15 |
| 1691 |
| 4640 |
| 4698 |
| 5649 |
| 5660 |
| 6650 |
| 6662 |
| 1692 |
| 4642 |
| 5646 |
| 5656 |
| 6646 |
| 6658 |
| ER14 |
Animal Quarters
| Room |
| Description |
| Room |
| Description |
| Room |
| Description |
| 7300 |
| Animal Room |
| 7330-B |
| Animal Room |
| 7343 |
| Animal Room |
| 7301 |
| Animal Room |
| 7330-C |
| Animal Room |
| 7344 |
| Animal Room |
| 7302 |
| Animal Room |
| 7331 |
| Animal Room |
| 7359 |
| Procedure Lab |
| 7305 |
| Animal Room |
| 7332 |
| Animal Room |
| 7371 |
| Quarantine |
| 7306 |
| Animal Room |
| 7333 |
| Animal Room |
| 7373 |
| OR |
| 7310 |
| Bedding |
| 7335 |
| Animal Room |
| 7374 |
| Metabolic |
| 7312 |
| Clean Cage |
| 7337 |
| Animal Room |
| 7377 |
| OR |
| 7330-A |
| Animal Room |
| 7339 |
| Animal Room |
| 7380 |
| Necropsy |
Research Fume Hoods
| Room |
| Fan#/Hood# |
| Room |
| Fan#/Hood# |
| Room |
| Fan#/Hood# |
| 5275 |
| Lab Exhaust |
| 6273 |
| HE-18H/H-8 |
| 7235 |
| HE-18B/H-22 |
| 5278 |
| Lab Exhaust |
| 6275 |
| HE-18H/H-18 |
| 7237 |
| HE-18B/H-23 |
| 5281 |
| Lab Exhaust |
| 6278 |
| HE-18H/4126281 |
| 7239 |
| HE-18B/H-24 |
| 5285 |
| Lab Exhaust |
| 6281 |
| HE-18F/H-9 |
| 7241 |
| HE-18B/H-25 |
| 5293 |
| Lab Exhaust |
| 6283 |
| HE-18F/H-11 |
| 7244 |
| HE-18A/FH27 |
| 6218 |
| HE-18D/H-2 |
| 6285 |
| HE-18F/H-13 |
| 7252 |
| HE-18A/H-26 |
| 6221 |
| HE-18D/H-3 |
| 7211 |
| HE-18C/H-20 |
| 7260 |
| HE-18A/H-28 |
| 6228 |
| HE-18G |
| 7214 |
| HE-18K/H-16 |
| 7281 |
| HE-18B/H-37 |
| 6237 |
| HE-18E/H-5 |
| 7215 |
| HE-18C/H-21 |
| 7288 |
| HE-18B/H-35 |
| 6239 |
| HE-18E/H-6 |
| 7218 |
| HE-18K/H-15 |
| 7298 |
| HE-208/H-36 |
| 6256 |
| FH-E57A |
| 7221 |
| HE-20C/H-33 |
| 7338 |
| HE-15C/H-41 |
| 6260 |
| FH-E56 |
| 7225 |
| HE-20C/H-34 |
| 7378 |
| HE-15A/H-39 |
Research Chemo/Bio Hoods
| Room |
| Room |
| Room |
| Room |
| Room |
| Room |
| Room |
| 6227 |
| 6275 |
| 7125 |
| 7230 |
| 7249 |
| 7281 |
| 7305 |
| 6245 |
| 6278 |
| 7209-1 |
| 7235 |
| 7257 |
| 7283 |
| 7306 |
| 6261 |
| 6281 |
| 7209-2 |
| 7239 |
| 7279 |
| 7292 |
Cath Lab
| Room |
| Description |
| Room |
| Description |
| Room |
| Description |
| 3468-2 |
| Tech Area |
| 3471 |
| Lab Area |
| 4527 |
| QTY2 Hoods |
| 3469 |
| Lab Area |
| 3472 |
| Procedure Room |
| 4594 |
| QTY2 Hoods |
| 3470 |
| Lab Area |
| 3473B |
| Equipment Storage |
Endoscopy
| Room |
| Description |
| Room |
| Description |
| Room |
| Description |
| 5314 |
| ENT |
| 5488 |
| Bronchoscope |
| 5493 |
| Supplies |
| 5486 |
| Endo Scope Proc. #5 |
| 5490 |
| Clean Room |
| 5494 |
| Procedure Room |
| 5487 |
| Proc. RM1 Flouro |
| 5492 |
| Clean Room |
| 9495 |
| Procedure Room |
Morgue
| Room |
| Description |
| Room |
| Description |
| Room |
| Description |
| A137 |
| Storage Corridor |
| A137B |
| Autopsy |
| A137F |
| Waiting Room |
| A137A |
| Mechanical Room |
| A137E |
| Toilet |
| A137G |
| Dirty Storage |
b) Quarterly cleaning/degreasing of cafeteria exhaust systems. This shall include cleaning, degreasing, inspecting, scraping and wash down of all hoods and branch duct systems and fan grills. All work for this task shall be performed between the hours of 4:00 pm – midnight.
| Room |
| Description |
| Hood |
| Fan |
| 1288 |
| Cafeteria |
| Hoods (2 ea): Vent Master |
Model# CW2-1000-DM Serial #87-6487-02 Serial #87-6487-03 Exhaust Fan: Barry Blower Model# 200TUBAF Serial #852288
| 1295 |
| Cafeteria |
| 3495 |
| Main kitchen |
Hood: Aventec Model #P25W Serial #25032A Exhaust Fan: E-31
c) Semi-annual cleaning of Air Handler Units (AHUs) and exhaust systems. This shall include the complete supply, return, exhaust fans, vents, grilles, coils and diffusers.
Building 40 (Bed Tower)
| Unit |
| Description |
| AHU |
| Description |
| AHU-1 |
| 1st Fl. West/Same Day Surgery |
| AHU-7 |
| 4th Fl West |
| AHU-2 |
| 1st Fl. East/ SPD |
| AHU-8 |
| 5th & 6th Fl West |
| AHU-3 |
| Atrium |
| AHU-9 |
| 7th Fl West |
| AHU-4 |
| 2nd Fl West/ OR recovery |
| AHU-10 |
| 7th Fl East |
| AHU-5 |
| Surgery Suites |
| AHU-12 |
| Atrium/Building Connection |
| AHU-6 |
| 4th, 5th, 6th Fl East |
Building 1 (Damen)
| Unit |
| Description |
| Unit |
| Description |
| AC-5 |
| Cardiology |
| Room 3536 |
| Pharmacy Clean Room |
| AC-6 |
| Cardiology |
| AHU-137A |
| Morgue |
| AC-7 |
| 1st Fl Radiology Phase II |
| AHU-1N |
| Compensation & Pension |
| AHU-3N |
| Old Cath Lab |
| AHU-4W |
| Pathology |
| AHU-3S |
| Dialysis |
| AHU - Endo |
| Endoscopy |
| AHU-4S |
| Dental |
| S1 |
| Fan coils/Building |
| Room 1585 |
| Radiology Phase I |
| RTU |
| Elevator Machine Room |
| Room 3511 |
| Pharmacy |
| AHU - IRM |
| IRM |
Building 11A (Taylor)
| Unit |
| Description |
| Unit |
| Description |
| S-5 |
| Library |
| S-20 |
| 7th Fl. Lab |
| S-8 |
| Cafeteria |
| AC-30 |
| 6th Fl Lab |
| S-9 |
| Engineering, EMS, Specialty Clinic |
| S-11A |
| Elevator Machine Room RTU |
| S-9B |
| Warehouse, Mail Room, DDTC |
| S-16 |
| 4th Fl. CWT |
| S-12 |
| 4th Fl., Day Hospital |
| AHU-1 |
| 5th Fl Lab |
| S-17 |
| 5th & 6th Fl |
| S-21 |
| Dialysis |
| S-18 |
| 6th & 7th Fl |
Building 11B (Ogden)
| Unit |
| Description |
| Unit |
| Description |
| S-3 |
| 1st, 2nd, 3rd, 4th Fl. North |
| S-19 |
| 5th & 6th Fl Clinics |
| S-6A |
| 1st, 2nd, 3rd, 4th Fl. South |
| S-11B |
| Elevator Machine Room |
| S-15 |
| 7th Fl. Animal Quarters |
| S-22 |
| MRI |
Building 30N
| Unit |
| Description |
| Unit |
| Description |
| S-10B |
| 1st Fl. Clinics A, B, C, D |
| S-24 |
| 820 Entrance |
| S-10C |
| 5th Fl. Cardiology & 3rd Fl |
| S-7 |
| PACU |
Building 30S
| Unit |
| Description |
| Unit |
| Description |
| S-9A |
| Outpatient Pharmacy |
| S-10A |
| Clinics E, F, G, H, I |
d) Annual cleaning of exhaust systems and replacement of HEPA filters. This shall include the complete exhaust fan system, including all branch duct systems and fan grilles, as well as the replacement of identified HEPA filters.
| Unit |
| Filters |
| # of Filters |
| Clean Room AHU |
| All HEPA filters serving IV Room @ In-Patient Pharmacy |
| 7 |
| EF-3 and EF-3A |
| All HEPA filters serving isolation exhaust fans EF-3 and EF-3A |
| 2 |
| OR Suites |
| All HEPA filters serving all Surgical Suites. |
| 118 |
| Morgue Exhaust |
| All HEPA filters serving morgue exhaust. |
| 2 |
| ER Exhaust |
| All HEPA filters serving ER isolation room exhaust. |
| 1 |
E-10
EF-1
EF-2
EF-3
EF-4
EF-5
TE-14
E-16
HE-18A
HE-18B
HE-18C
HE-18D
HE-18E
HE-18F
HE-18G
HE-18H
HE-18J
HE-18K
HE-18L
HE-18-M
HE-18N
HE-20A
HE-20B
HE-20C
3. Period of Performance:
Base Year: Date of Award – 31 December 2020 Option Year One: 1 January 2021 – 30 December 2021 Option Year Two: 1 January 2022 – 30 December 2022 Option Year Three: 1 January 2023 – 30 December 2023 Option Year Four: 1 January 2024 – 30 December 2024
4. Place of Performance: All services shall be performed on site at the Jesse Brown Medical Center at 820 S Damen, Chicago, IL 60612. The temperature control systems are located throughout the entire VA grounds which shall include buildings: 1A, 1B, 11A, 11B, 40, 30, Temp Building.
5. Hours of Operation:
a) Normal hours of coverage are Monday through Friday from 7:30 am to 4:30 pm CST, excluding holidays. All services shall be scheduled with the COR at least 30 days in advance.
| Holidays include: | |||
| New Years' Day | Labor Day | ||
| Martin Luther King Day | Columbus Day | ||
| Presidents' Day | Veterans' Day | ||
| Memorial Day | Thanksgiving Day | ||
| Independence Day | Christmas Day |
And any other day specifically designated as a national holiday by the President of the United States.
b) All service/repairs shall be performed during normal hours of coverage, except those listed below, unless requested or approved by COR or designee.
1) Building 1, Morgue: services shall be performed between the hours or 6:30PM and 3:00AM. The contractor's job superintendent shall verify with the COR that no autopsies or tissue preparations are in progress at the Morgue prior to beginning work.
2) Building 40, Surgical Suites: services shall be performed between the hours of 5:30PM and 11:00PM. The contractor's job superintendent shall coordinate this cleaning with the COR to ensure that no surgical procedures are ongoing or about to be started and that the Post Anesthesia Recovery Area is not occupied prior to beginning work.
3) Building 1, Main Kitchen and Patient Dining Room: services shall be performed on Tuesdays between the hours of 6:30PM and Midnight. The contractor's job superintendent shall report to the COR prior to cleaning services being performed to review and coordinate the work.
6. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI): None.
7. Other Pertinent Information or Special Considerations:
a) The contractor must assign a job superintendent who will supervise and be directly responsible for the accomplishment of the work and will physically remain at the job site at all time while required cleanings are being performed.
b) As regards the quarterly, semi-annual and annual cleaning tasks, the contractor shall remove all accumulations of dirt, soot, dust, lint, grease, oily residue, food substances, debris and all other foreign matter from all specified systems and equipment.
c) When performing work under the provisions of this contract the contractor's employees must strictly observe the requirements of all applicable Department of Veterans Affairs, U.S. Department of Labor Occupational Safety and Health Administration, U.S. and Illinois Environmental Protection Agencies and Hines Hospital rules, regulations and policies particularly those rules and regulations pertaining to fire safety, infection control, lock and tag out procedures and confined space entry.
d) Vacuum cleaning and air agitation equipment used to accomplish required cleanings must be Underwriters Laboratories labeled and approved for hospital use. Equipment must operate at noise levels appropriate for a hospital environment.
e) The contractor shall at no additional cost to the Government cut access openings into ductwork systems as necessary for proper cleaning. Each such opening must be fitted with a hinged metal access door or a removable panel installed with metal screws and tightly gasketed to prevent air leakage from the duct. All existing and newly installed access doors or panels in kitchen exhaust duct work systems must be identified by means of appropriate signage provided by the contractor at no additional expense to the Government. The Contractor shall receive written approval from the Contracting Officer’s Representative (COR) or designee and coordinate scheduling prior to performing these services.
f) The contractor shall ensure that required cleanings are accomplished in a manner, which prevents the infiltration of dust, dirt and other foreign matter into occupied spaces. All dust, dirt, lint, soot and other substances removed during the conduct of cleaning operations including that which may have been deposited on floors, walls, desks, chairs, tables, etc., as well as any trash and debris deposited at the job site by the contractor's employees must be placed in approved, sealed containers and be removed from the job site by the contractor daily for legal disposal off station.
g) When performing cleanings of duct work systems serving patient care, laboratory, food preparation/serving, computer and similar sensitive areas the contractor shall temporarily install appropriate relief valves and filters in spur ducts from the main trunks to prevent discharge of dirt, dust, suspended particulate matter, etc., into the areas upon restart of the air handling units.
h) When performing work in known or suspected explosion hazard areas the contractor shall use only Underwriters Laboratories approved explosion proof electrical equipment and appliances conforming to the application provisions of the National Electrical Code. All tools, cutting devices, brushes, scrapers and similar devices and equipment used in known or suspected explosion hazard areas must be constructed exclusively of non-ferrous materials.
i) Within ten (10) working days of receipt of Notice of Award, the contractor shall provide the COR with the Safety Data Sheet (SDS) for each cleaning agent and substance proposed to be used in the performance of required cleanings. The contractor must not under any circumstances bring to or use on the station any detergent, solvent, de-carbonizer or any other substance or agent that possesses flammable, combustible, toxic and/or explosive properties.
j) Within ten (10) working days of receipt of Notice of Award the contractor shall submit to the COR a list of the proposed dates on which each specified cleaning will be accomplished. The proposed cleaning schedule will be reviewed and approved by the COR after any required revisions have been made. Once the contractor submits a schedule acceptable to the Government that schedule will become a part of the contract specifications and all cleanings shall be accomplished on the days listed in that schedule. The contractor shall not deviate from the schedule without the prior written approval of the COR.
k) The Government will provide reasonable access to the systems and equipment to be cleaned on the dates scheduled for cleaning and will provide personnel to shut down and restart fan systems and other equipment as necessary. However, in the case of exhaust air fan systems serving patient care areas it may not be possible, because of clinical reasons, to shut down a given system on a particular day, regardless of the agreed upon cleaning schedule. Should this occur, the cleaning will be rescheduled by the contractor and Contracting Officer’s Representative and will be performed by the contractor at a later date and at no additional cost to the Government. In consideration for such occurrences, the contractor shall be given a fourteen (14) calendar day time extension for the task(s) affected per event. For instance, if a component was scheduled to be cleaned on December 01, 2019, and the Government requires this service to be rescheduled due to clinical reasons, the contractor shall be allowed to perform the cleaning by December 15, 2019 without any adverse consequences. Excessive rescheduling on the part of the Government shall be communicated by the contractor to the Contracting Officer in writing. The Contracting Officer, upon receipt of such notice, shall schedule a meeting with the COR(s), their immediate supervisor(s), and the contractor to develop a plan to mitigate future occurrences.
l) Contractor employees shall not under any circumstances shut down all or any part of any supply or exhaust air fan system serving Buildings 40, 11A, 11B, 30N, 30S. Shut down and startup of those systems may be accomplished only by designated Jesse Brown Air Conditioning and Refrigeration Unit personnel and only after appropriate coordination with clinical staff in the areas affected.
m) Each day that work is performed under the provisions of this contract, the contractor shall submit to the COR or his designee, a written report of the work performed that day. The written service report must include a description of the cleaning performed, the location of the cleaning by building and room number, the names of the contractor's employees on the job, the hours worked and a brief description of any findings requiring action by Engineering personnel.
n) In addition to the reporting requirement in section 7m above, within seven (7) days of cleaning cafeteria exhaust systems listed under section 2b above, the contractor shall submit a written, dated and signed certificate attesting to the satisfactory completion of each required cleaning of a kitchen exhaust system.
o) For services during normal hours of operation, prior to starting any work, the contractor's job superintendent and all the members of the work crew shall report to the COR at Temporary Building, Office 2T12. The contractor's job superintendent shall identify himself and each member of the work crew and identify the specific locations where the crew will be working that day. The job superintendent and the members of the work crew shall then proceed directly to the job site. The contractor's job superintendent and all the members of the work crew shall again report to the COR at the completion of work each day and then immediately and directly leave the station.
p) For services outside normal hours of operation, prior to starting any work, the contractor's job superintendent and all the members of the work crew shall report to the Administrative Officer on-duty located in the Admitting area of Building 1. The contractor's job superintendent shall identify himself and each member of the work crew and identify the specific locations where the crew will be working that day. The job superintendent and all the members of the work crew must then proceed directly to the job site. The contractor's job superintendent and all the members of the work crew must again report to the Administrative Officer On-duty at the completion of the scheduled work and then immediately and directly leave the station.
q) Contractor employees found to be in areas of the station not scheduled for cleaning at that particular time or date may be subject to detention and questioning by the Jesse Brown Police.
8. Performance Standards:
a) Cleaning of Supply, Return and Exhaust Air Fan Systems: Industrial vacuum cleaning, high pressure air agitation cleaning, wiping, and scraping as appropriate of the complete interior surfaces of each specified duct work system including all smoke/fire dampers, volume dampers, VAV boxes, mixing boxes, turning vanes, splinter vanes, baffles and duct mounted heat exchangers.
b) Cleaning of Kitchen Exhaust Systems: Industrial vacuum cleaning, high pressure air agitation cleaning, wiping, and scraping as appropriate of the complete interior surfaces of each specified duct work system including all smoke/fire dampers, volume dampers, VAV boxes, mixing boxes, turning vanes, splinter vanes, baffles and duct mounted heat exchangers. If saponifying powders or compounds are used to facilitate grease removal, such powders and/or compounds must be completely removed so that the interior surfaces of the exhaust ducts are exposed to the bare metal at the completion of each cleaning. Additionally, cleaning of kitchen exhaust systems must include scraping and manual cleaning with an approved chemical or detergent and water solution of the exposed metal surfaces of all canopy hoods, range hoods and dish washing machine hoods.
c) Cleaning of Grilles, Vents and Diffusers: Removal, manual cleaning with an approved detergent and water solution, complete coating with an approved anti-static solution and proper reinstallation. Brushing, wiping and compressed air cleaning as appropriate of all ceiling tiles within a three-square foot area of each ceiling mounted grille, vent and diffuser.
d) Cleaning of Fan Assemblies, Blower Units, Air Handling Units and Air Conditioning Units: Vacuum cleaning, brushing and manual washing with an approved chemical solvent as appropriate of all specified assemblies and units including all air inlets, discharge outlets, structural frame assemblies, braces, supports, housings, fan blades, floats, shafts, louvers, baffles, dampers and pulleys. All specified assemblies and units should be lubricated by the contractor in accordance with the equipment manufacturers' current lubrication instructions. The Government at no cost shall furnish all lubricants required to the contractor. The contractor for tension and wear shall inspect all fan belts. Broken, loose and excessively worn belts shall be noted on the contractor's daily service reports as observed.
e) Cleaning of Coils: Low volume, high pressure power washing with an approved odorless, disinfecting chemical and water solution or high pressure air agitation cleaning as appropriate of all heat exchange, reheat and condensing unit coils of all specified air handling units and air conditioning units. Coil drip pans and drains shall be manually cleaned with an approved odorless chemical and water solution and be thoroughly flushed with clean water to ensure proper drainage. Install drain pan tabs furnished by the VA.
f) Cleaning of Fan Coil Units: Brushing and vacuum cleaning of the coil; spraying of the coil with a properly diluted solution of 3M product #25 and water; and manual cleaning with a properly diluted 3M product #25 and water solution of the trough, drain, grille and interior surfaces of the housing assembly. Fan coil unit motor and switches shall be inspected by the contractor for proper operation. Inoperable and/or defective switches and motors shall be noted on the contractor's daily service reports as detected. Install drain pan tabs provided by the VA.
g) Air Changes per Hour (ACH) testing will be conducted by a NEBB or AAB certified tester.
9. Required Registration with Contractor Performance Assessment System (CPARS):
As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed the thresholds outlined in FAR Part 42.15, and shares those evaluations with other Federal Government contract specialists and procurement officials through the Past Performance Information Retrieval System (PPIRS). The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to the posting of each report. To fulfill this requirement VA uses an online database, the Contractor Performance Assessment Reporting System (CPARS). The CPARS database information is uploaded to the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.
Each contractor whose contract award is estimated to exceed the thresholds outlined in FAR Part 42.15 is required to provide to the contracting officer contact information for the contractor’s representative with their response to the solicitation. The contractor is responsible to notify the contracting officer of any change to the contractor’s representative during the contract performance period. Contractor’s representative contact information consists of a name and email address.
The Government will register the contract within thirty days after contract award. 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. Intermediate reports will be filed each year until the last year of the contract, when the final report will be completed. Each report shall be forwarded in CPARS to the contractor’s designated representative for comment. The contractor’s representative will have thirty days to submit any comments and return the report to the VA contracting officer. Failure by the contractor to respond within those thirty days will result in the Government’s evaluation being placed on file in PPIRS without contractor’s comments.
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)
(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 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance…
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