36C25220Q0768.docx

36C25220Q0768

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

537-20-4-6112-0563

36C25220Q0768 08-20-2020

GREENFIELD,NAQIKAH

224-610-3283 09-02-2020

10:00 AM

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 3001 Green Bay Road Building 1, Room 326 North Chicago IL 60064-3048 X X 811219 $22 Million N/A X Department of Veterans Affairs Jesse Brown VA Medical Center 820 S. Damen Ave Chicago IL 60612 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 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 SHALL PROVIDE ALL TOOLS, MATERIALS, COMPONENTS,

PARTS, LABOR AND SUPERVISION TO PERFORM ANNUAL PREVENTIVE

MAINTENANCE SERVICES, INSPECTION AND OPERATIONAL TESTING;

AND REPAIR SERVICES OF MEDICAL GAS AND VACUUM SYSTEMS AT THE

JESSE BROWN VA MEDICAL CENTER LOCATED IN CHICAGO, ILLINOIS.

ALL SERVICES SHALL BE PERFORMED IN ACCORDANCE WITH THE

PERFORMANCE WORK STATEMENT (PWS) AND DELIVERY SCHEDULE.

SERVICE CONTRACT LABOR STANDARDS APPLY - DEPARTMENT OF LABOR

(DOL) WAGE DERTERMINATION (WD) 15-5017 (REVISION 15), DATED

05/13/2020.

100% SMALL BUSINESS SET-ASIDE.

See CONTINUATION Page 537-3600162-6112-855100-2543 010050100 X X

NAQIKAH GREENFIELD

CONTRACTING OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18)

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:

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

CONTRACTOR NAME _____________________________________

ADDRESS ________________________________________________

CITY-STATE-ZIP __________________________________________

POINT OF CONTACT/TITLE ________________________________

DUNS NUMBER NO. ______________________________________

CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT

(IF DIFFERENT THAN ABOVE):

NAME: __________________________________________

EMAIL ADDRESS:_________________________________

b. GOVERNMENT: NAQIKAH GREENFIELD, CONTRACTING OFFICER

CONTRACTING OFFICE CODE: 36C252

BUILDING 1, ROOM 326

NORTH CHICAGO, IL 60064-3048

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 FOR AWARD MANAGEMENT (OCT 2018)

3. INVOICES: Invoices shall be submitted monthly in arrears upon inspection and acceptance in arrears in accordance with:

a. Invoices shall be submitted monthly in arrears in accordance with:

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Payments shall be made in arrears upon receipt of a properly prepared invoice

c. 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.

d. 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.

e. 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.

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 Veterans Affairs Financial Services Center (VAFSC) 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. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

e. 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. ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures. FAR Part 15 will not be used. The procedures in Part 12 used in conjunction with Part 13 allow the Government to procure services resembling those in the commercial marketplace and streamline the procurement process. From this RFQ, the Government intends to award a hybrid contract – a combination of firm-fixed price and indefinite-delivery indefinite-quantity to a responsible Small Business that can meet the full requirements of this RFQ and whose offer is the lowest price technically acceptable – where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.

Offerors shall refer to Section E.1. 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018) and Section E.2. General Instructions to Offerors, for a description of the factors in addition to the price that the Government will evaluate to decide whom to award a contract. Offerors must furnish the information listed therein with their quotations to be given full consideration for award.

6. RFQ QUESTIONS:

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 Naqikah.Greenfield@va.gov, Contracting Officer no later than THURSDAY, AUGUST 27, 2020 at 11:00AM LOCAL TIME. Contracting will issue a consolidated response via solicitation amendment to https://beta.sam.gov Contract Opportunities within 2 business days to all parties.

7. CONTRACTING OFFICER AUTHORITY:

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.

8. SITE VISIT:

It is strongly suggested and expected that the offeror inspect the campus to be serviced to fully understand the nature of the work and the conditions under which the work is to be performed. In no case shall failure to inspect the campus constitute grounds for a claim after contract award.

SITE VISIT IS SCHEDULED FOR TUESDAY AUGUST 25, 2020 AT 9:30 AM LOCAL TIME. PLEASE RSVP VIA EMAIL TO THE CONTRACTING OFFICER, NAQIKAH.GREENFIELD@VA.GOV BY 2:30 PM LOCAL TIME ON MONDAY, AUGUST 24, 2020. THE SITE VISIT WILL BE HELD AT THE FOLLOWING ADDRESS:

JESSE BROWN VA MEDICAL CENTER

820 S. DAMEN AVE

CHICAGO, IL 60612-3728

ALL INTERESTED PARTIES TO MEET SERGIO LOPEZ (312-569-7967) AT THE INFORMATION DESK.

PLEASE NOTE: WHILE ON CAMPUS, ALL PERSONS WILL BE REQUIRED TO WEAR MASKS INSIDE ANY VAMC BUILDING AND WHILE TRAVELING IN VEHICLES FOR PURPOSES OF THE SITE VISIT.

9. PARKING, SMOKING AND VA REGULATIONS:

a. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

b. All VA facilities are drug free.

c. All contractor personnel are required to adhere to all VA rules and regulations.

d. Smoking is prohibited on the entire campus, both inside and outside the VA Facility

e. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

f. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible for providing face masks and influenza vaccines for all employees working at a VA facility. If Directive 1192 is applicable the Contractor, in conjunction with the Contracting Officer Representative (COR), is responsible in ensuring that all aspects of this directive are implemented.

10. SECURITY & PRIVACY CONTROL:

The Certification & Accreditation (C&A) requirements of VHA Handbook 6500.6 does not apply to this requirement, therefore, a Security Accreditation Package is not required.

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.

B.2 PERFORMANCE WORK STATEMENT

Title: Medical Gas System Maintenance

1. Scope: Contractor shall provide all tools, materials, components, labor and supervision to perform annual Preventive Maintenance Services; Inspection and Operational Testing; and Repair Services on the medical gas and vacuum systems at the Jesse Brown VA Medical Center.

2. Specific Tasks/Deliverables:

The contractor shall provide the following to be performed by a credentialed American Society of Safety Engineers (ASSE) 6010 for system installations, ASSE 6020 for system inspections, ASSE 6030 for systems verifier, and ASSE 6040 systems maintenance, with all services meeting or exceeding the most current National Fire Protection Association (NFPA), ASSE, State regulatory requirements:

a. Task 1: Annual preventative maintenance will consist of the following:

· For master alarms; Test accuracy and recalibrate set points, test and activate each source equipment signal to ensure proper operation and low voltage wiring function, inspect alarm panels for proper labeling and function.

· For Area alarms; Recalibrate each alarm setpoint and test for accuracy, inspect the area alarm panels for proper labeling and function.

· For Zone Valves; Inspect each zone valve box for leaks and proper function, inspect for proper labeling.

· Test for leaks on all equipment, valves, hoses, and outlets/inlets

· Check and ensure proper labeling throughout

· Cross connection verification of 10 percent of the existing outlets annually. Testing cannot be repeated on an outlet until all outlets in the hospital has been tested once. Additionally, testing of newly installed outlets must not supersede the testing of existing outlets.

· Purity verification at 10 percent of existing outlets annually.

· Test set point alarms

· Complete all manufacturer required maintenance on medical gas equipment throughout the year per manufacturers schedule, including but not limited to oil changes, filter changes, belt replacement, greasing, etc.

· Observe for NFPA compliance throughout

· Provide detailed report listing all components and maintenance tasked performed. Documentation should comply with NFPA 99, ASSE, Veterans Health Administration (VHA), and state requirements. Deficiencies discovered during maintenance visit.

· Medical Gas Equipment is as follows:

· Nitrogen manifold (Cylinder room 1651)

· Nitrous Oxide manifold (Cylinder room 1651)

· Medical air compressor (Bldg 1 Basement Tank Room)

· Medical Gas Compressor (3rd Fl Bed Tower Mechanical Room)

· Instrument Air Compressor (3rd Fl Bed Tower Mechanical Room)

· Lab Air Compressor (Bldg 11B-7th Fl Penthouse)

· Dental Air Compressor (Bldg 1- 4th Fl)

· Medical Vacuum Producer – Quantity 2 each (Bldg 1 Basement Tank Room)

· Medical Vacuum Producer (Taylor 5th Floor)

· Medical Gas Compressor (Taylor 5th Floor)

· Lab/Med Vacuum Producer (Bldg 11B Basement)

· Medical Vacuum Producer (3rd Floor Mechanical Rooms)

· Master Alarms – Quantity 3 each

· Area Alarms – Quantity 48 each

· Zone Valves – Quantity 73 each

· Booms of Flexible Hoses – Quantity 8 each

· Gas Quality Analysis – Quantity 5 each

· Outlets/inlets – Quantity 2,500 each

3. General Requirements:

a. The Contractor accepts responsibility for all equipment listed in the Performance Work Statement, in “as is” condition. Failure to inspect equipment prior to contract award will not relieve the Contractor from performing the requirements of this contract

b. All preventive maintenance services shall be scheduled in advance at a date and time agreed to by the Contractor and COR. During services, the contractor shall minimize disruptions to facility employees and patients.

c. The Contractor shall supply all personal protective equipment needed for their FSE's to repair and maintain the equipment covered under this contract.

d. The Government will not provide service manuals or service diagnostic software to the Contractor. The Contractor shall obtain, have on file, and make available to its FSE's all operational and technical documentation, such as; operational and service manuals, schematics, and parts lists, which are necessary to meet the performance requirements of this contract. A list of the service data manuals, by name and location shall be provided to the COR upon request.

e. The contractor shall take special care to protect Government property including furniture, walls, baseboards, and other surfaces. Accidental splashes shall be removed immediately. Damage resulting from contractor operations shall be repaired by the contractor, including painting, refinishing, or replacement (if necessary), at no additional cost to the Government. Contractor shall be responsible to meet all Occupational Safety and Health Administration (OSHA)/Safety requirements in the performance of the work. This shall include but not be limited to taking all the necessary precautions to protect the patients, visitors and/or staff at each location. Contractor shall be held responsible for any injuries and/or damage, which may be caused as a result of the contractor’s failure to adhere to these requirements.

f. The Contractor shall ensure that the equipment functions in conformance with the latest published edition of NFPA-99, OSHA, Joint Commission, VA, UL, NEC, state and local regulations. The equipment covered under this contract shall be maintained in accordance with the manufacturer's standards/specifications. Preventive Maintenance inspection/repair procedures shall be in accordance with the manufacturer specifications.

g. The Contractor's employees shall 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 VA Medical Center rules, regulations and policies when performing work under this contract.

h. Prior to commencement of services the contractor shall provide Material Safety Data Sheets as required for all products in accordance with VA and OSHA regulations if required to perform services under this contract.

4. Hours of Operation:

Normal hours of operation are Monday through Friday from 6:00am to 4:00pm Central Time, excluding holidays. All service/repairs shall be performed during normal business hours unless requested or approved by COR.

Holidays include:

New Years' Day Labor Day Martin Luther King, Jr. Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day

Work performed outside the normal hours of coverage at the request of the COR or CO shall be billed at the price listed in the Price/Cost Schedule. Work performed outside the normal hours of coverage at the request of the Contractor will be considered service during normal hours of coverage. Work beginning prior to, and/or extending beyond the end of the normal hours of operation, shall not be considered outside of the contractual time.

There shall be no additional charge for time spent at the site (during or after the normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts by the vendor.

5. Place of Performance:

Jesse Brown VA Medical Center 820 S. Damen Ave Chicago, IL 60612-3728

6. Period of Performance:

Base Year: Date of Award through August 31, 2021 Option Year 1: September 1, 2021 through August 31, 2022 Option Year 2: September 1, 2022 through August 31, 2023 Option Year 3: September 1, 2023 through August 31, 2024 Option Year 4: September 1, 2024 through August 31, 2025

7. Reporting Requirements:

a. Upon completion of work performed during each service call, the contractor shall submit to the COR a complete Engineering Service Report (ESR), with detailed descriptions of the scheduled and/or unscheduled maintenance procedures performed to maintain the equipment in accordance with conformance standards. This report shall include replaced parts and prices for those major component parts replaced that are not included under the preventive maintenance and routine repairs. Each ESR must, at a minimum, document the information listed below legibly, well written and in complete detail. Reports must be submitted in original copy. All ESRs shall be submitted to the COR for an "acceptance and authorization signature.” Failure to provide report and gain approval signature could result in delay in contractor's payment at no additional cost to the VA.

b. Upon completion of each contract period and prior to submission of the final invoice for the contract period, the Contractor shall provide to the COR a list of all equipment serviced during the contract period indicating the date of repair, frequency of repairs and brief description of the work performed.

8. Operational Uptime Requirements: The equipment shall be operable and available for use 95% of the normal operating hours of the equipment. Downtime will be computed from notification of problem during normal work hours.

Scheduled maintenance will be excluded from downtime. Operational Uptime will be computed during a month-long time period. Repeated failure to meet this requirement can subject the contractor to default action.

9. Quality Control: The Contractor shall develop and maintain a quality control program to ensure services are performed in accordance with the Conformance Standards and other commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify and prevent defective services from reoccurring. These procedures shall be included in the Contractor's Quality Control Program (QCP). At a minimum, the Contractor shall develop quality control procedures that address the areas identified in paragraph 2, Specific Tasks/Deliverables and the Performance Standards listed at paragraph 12. The Contractor's QCP shall include the procedures to be performed as noted above and a sample Preventive Maintenance Inspection (PMI) checklist.

10. Parts: The Contractor shall furnish and replace parts related to preventative maintenance to meet uptime requirements. The Contractor shall have ready access to all parts, including unique and/or high mortality replacement parts. All parts supplied shall be of current manufacture and compatible with the presently installed equipment. All parts shall perform identically to the original equipment specifications. The Contractor shall use new or rebuilt parts; however, rebuilt parts or used parts shall not be installed without approval by the CO or the COR.

11. Security Requirements: The Contractor FSE is required to report his presence to the COR whenever on VA grounds for the purpose of equipment maintenance/repair. Failure to report to the COR may result in delay in payment. The Contractor's employees shall wear visible identification and company uniforms approved by the COR, at all times while on the premises of the VAMC. It is the responsibility of the contractor to park in the appropriate designated parking areas.

Information on parking is available from the VA Police Section or from the COR. The VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited inside any buildings at the VAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

12. Performance Monitoring: The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Standards Summary

Performance Objective Reference

Performance Threshold

B.3 PRICE/COST SCHEDULE

BASE YEAR: DATE OF AWARD – AUGUST 31, 2021

(Firm Fixed Price Items)

(Indefinite-Delivery Indefinite-Quantity Items)

*ESTIMATED

ANNUAL QUANTITY

Optional CLIN Emergency/Deficiency Repair Services – Business Hours Hourly Rate for Emergency/ Deficiency Repair Services to be paid separate via task order upon approval.

Optional CLIN Emergency/Deficiency Repair Services – Outside Business Hours Hourly Rate for Emergency/ Deficiency Repair Services to be paid separate via task order upon approval.

*Quantities are estimates and will be modified based on actual usage at these prices.

BASE YEAR FIRM FIXED PRICE TOTAL: $_______________

OPTION YEAR 1: SEPTEMBER 1, 2021 – AUGUST 31, 2022

(Firm Fixed Price Items)

(Indefinite-Delivery Indefinite-Quantity Items)

*ESTIMATED

ANNUAL QUANTITY

Optional CLIN Emergency/Deficiency Repair Services – Business Hours Hourly Rate for Emergency/ Deficiency Repair Services to be paid separate via task order upon approval.

Optional CLIN Emergency/Deficiency Repair Services – Outside Business Hours Hourly Rate for Emergency/ Deficiency Repair Services to be paid separate via task order upon approval.

OPTION YEAR 1 FIRM FIXED PRICE TOTAL: $_______________

OPTION YEAR 2: SEPTEMBER 1, 2022 – AUGUST 31, 2023

(Firm Fixed Price Items)

(Indefinite-Delivery Indefinite-Quantity Items)

*ESTIMATED

ANNUAL QUANTITY

Optional CLIN Emergency/Deficiency Repair Services – Business Hours Hourly Rate for Emergency/ Deficiency Repair Services to be paid separate via task order upon approval.

Optional CLIN Emergency/Deficiency Repair Services – Outside Business Hours Hourly Rate for Emergency/ Deficiency Repair Services to be paid separate via task order upon approval.

OPTION YEAR 2 FIRM FIXED PRICE TOTAL: $_______________

OPTION YEAR 3: SEPTEMBER 1, 2023 – AUGUST 31, 2024

(Firm Fixed Price Items)

(Indefinite-Delivery Indefinite-Quantity Items)

*ESTIMATED

ANNUAL QUANTITY

Optional CLIN Emergency/Deficiency Repair Services – Business Hours Hourly Rate for Emergency/ Deficiency Repair Services to be paid separate via task order upon approval.

Optional CLIN Emergency/Deficiency Repair Services – Outside Business Hours Hourly Rate for Emergency/ Deficiency Repair Services to be paid separate via task order upon approval.

OPTION YEAR 3 FIRM FIXED PRICE TOTAL: $_______________

OPTION YEAR 4: SEPTEMBER 1, 2024 – AUGUST 31, 2025

(Firm Fixed Price Items)

(Indefinite-Delivery Indefinite-Quantity Items)

*ESTIMATED

ANNUAL QUANTITY

Optional CLIN Emergency/Deficiency Repair Services – Business Hours Hourly Rate for Emergency/ Deficiency Repair Services to be paid separate via task order upon approval.

Optional CLIN Emergency/Deficiency Repair Services – Outside Business Hours Hourly Rate for Emergency/ Deficiency Repair Services to be paid separate via task order upon approval.

OPTION YEAR 4 FIRM FIXED PRICE TOTAL: $ _______________

BASE AND ALL OPTION YEARS FIRM FIXED PRICE TOTAL: $ __________________

Page 1 of Page 1 of

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 under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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