36C25220Q0811.docx

36C25220Q0811

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

36C25220Q0811 09-02-2020

HARRIS,BRANDON

09-08-2020

11:00AM

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee

WI

53214-1476 X 811219 $22 Million N/A X 36C252 Clement J. Zablocki VA Medical Center Department of Veterans Affairs 5000 West National Avenue Milwaukee

WI

53295-1000 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee

WI

53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin

TX

78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page This is a solicitation for a firm-fixed-price maintenance agreement for Ameriwater Water Purification Systems at the Clement J. Zablocki VA Medical Center in Milwaukee, WI.

See Section B.3 for the Statement of Work.

For questions and submission contact Brandon Harris by email at Brandon.Harris@va.gov.

No other forms of communication may be accepted.

See CONTINUATION Page X B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

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: BRANDON D. HARRIS, CONTRACTING OFFICER

CONTRACTING OFFICE CODE: 36C252

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 FOR AWARD MANAGEMENT (OCT 2018)

3. INVOICES:

a. Invoices shall be submitted weekly 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 firm-fixed-price contract 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.

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 the Contracting Officer Brandon.Harris@va.gov no later than FRIDAY SEPTEMBER 4, AT NOON LOCAL TIME. Contracting will issue a consolidated response via solicitation amendment to https://beta.sam.gov Contract Opportunities 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. 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.

9. 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.

B.2 PRICE SCHEDULE

Base Year: 10/1/2020 – 9/30/2021

TOTAL BASE PRICE:____________________

Option Year 1: 10/1/2021 – 9/30/2022

TOTAL OY1 PRICE:____________________

Option Year 2: 10/1/2022 – 9/30/2023

TOTAL OY2 PRICE:____________________

Option Year 3: 10/1/2023 – 9/30/2024

TOTAL OY3 PRICE:____________________

TOTAL PRICE INCLUDING ALL OPTIONS:____________________

B.3 STATEMENT OF WORK

Statement of Work for Dialysis and Central Sterile Water Purification Systems Service, Maintenance, and Testing

PURPOSE:

The Milwaukee VA Medical Center (MIW VAMC), station 695, is requesting to establish a service contract for maintenance on their Dialysis and Central Sterile Water Purification Systems. The Contractor is to provide labor, material, and the necessary equipment to perform service, maintenance, and testing to the systems.

1. Provide service and testing for the Central Dialysis Water System for Hemodialysis and Sterile water system for Sterile Processing at VA Milwaukee, and the items listed in the SOW.

This service agreement would include a Base, plus 3 option years

Base Year: 10/01/2020 – 09/30/2021 Option Year 1: 10/01/2021 – 09/30/2022 Option Year 2: 10/01/2022 – 09/30/2023 Option Year 3: 10/01/2023 – 09/30/2024

EQUIPMENT IDENTIFICATION:

Description of Central Dialysis System Components Blending Valve

· New Powers Hydrogaurd 431 Water Softener

· Duplex 45,000-grain

· Alternating meter regenerated

· 115 VAC

Carbon Filter Canisters

· Four 3.3 cubic feet

· Two workers feeding two polishers

· Portable exchange canisters

· Worker and polisher chlorine test ports

· Owned by Incumbent Booster Pump

· Grundfos Stainless Steel pump

· 1/2 HP motor

· 120 VAC single phase

· Three valve bypass

· Controls to operate when the RO unit is in operation

Reverse Osmosis Unit

· 4 gallon per minute @ 77° F

· Medical grade reverse osmosis unit Deionizers

· (1) 9” high purity Cation deionizer

· (2) 9” high purity Anion deionizers

· Owned by Incumbent Storage Vessel

· 250 gallon capacity sanitary design tank

· Domed top/dish bottom completely sealed

· 0.2-hydrophobic vent filter and bowl

· Back pressure relief valve

· Electronic Level control for RO Operation Recirculation Pumps

· Two Grundfos stainless steel pumps

· 1 HP motors

· Motor starters including pump selection panel

· Two stainless steel pressure gauges

· Two check valves and four isolation valves Deionizers

· 14”inch high purity quad-bed set of deionizers

· 10 – 20% side stream

· Zero dead leg bypass

· Owned by Incumbent Water Quality Meter

· Thornton M300 two channel resistivity monitor

· Temperature compensated

Ultraviolet Disinfection unit

· Aquafine SL-1

· 254 NM bulb

· Intensity meter to meet AAMI standards

· Three valve bypass

· 115 VAC

Final Filters

· Three .05 - 20”inch final filters rated for Endotoxin

· Three 20”inch polypropylene filter bowls

· Three flush up valves per bowl Remote Alarm

· Monitors RO alarm audible/visual alarm

· Low level in the storage vessel audible/visual alarm

· Ultraviolet Light

· Primary deionizers visual alarm

· Polishing deionizers audible/visual alarm

· Push to test button for audible/visual alarm panel

· 115 VAC

Description of Central Sterile Water System Components Carbon Filtering

· One (1) 14” portable exchange carbon filter

· Three (3) cubic feet of acid washed medical grade carbon

· Iodine count of 900 or greater

Reverse Osmosis Unit

· Medical grade Ameriwater reverse osmosis system, model MRO3

· FDA approved RO as medical device under 510k certification

· Rated for 3,888 at 77 degrees Fahrenheit

· Three (3) 4” x 26” membranes with FRP housings

· 208V -60 Hz- 3 phase power supplied by VA

· 120V- 20amp circuit for controls supplied by VA

Storage Vessel

· One (1) 250 gallon conical bottom tank with domed top and sealed cover

· Digital level control with transmitters tied into RO panel

· Two (2) 0.2-micron hydrophobic vent filters to prevent airborne bacteria from entering tank

· One (1) 1.5” PVC pressure relief valve installed on the return line

Distribution Pumps

· Two (2) multi-stage Grundfos 316 stainless steel three phase pumps, model CM10-2

· Combination motor starter/disconnect included

· Automatic alternation functionality

· 208V -60 Hz- 3 phase power supplied by VA

Deionized Polishing Tanks

· Five (5) 14” Mixed Bed deionized water tanks feeding five (5) 14” mixed bed deionized tanks

· Parallel balanced header with interconnecting hoses and isolation valves.

· Single tank regeneration covered under FDA approved 510k as a medical device

· Total traceability on resin required with technical authenticity report

Control Panels

· Main control panel

· Automatic alternation of pumps

· UV sterilizer control

· Manual and automatic selector functionality for disinfection of system

Monitoring Device

· Thornton M300 two channel resistivity monitor

· Two (2) 10’ cords, and two (2) cells

· Temperature compensated

· Mounted in main control panel

Ultraviolet Sterilizer

· Aquafine UV sterilizer

· Model CSL-4R

· Rated for 50-gpm utilizing purified water.

· 120v/60 Hz power supplied by VA

Final Filters

· Six (6) opaque final filter housings

· Six (6) 0.05 micron - 20” final filters rated for Endotoxin

· Balanced header with isolation valves

All equipment is located on the campus of the VA Medical Center, Milwaukee, WI.

SCOPE:

(1) Summary: This service contract is for an initial one-year term but may be renewed annually for up to 3 additional years. The contractor shall provide all management, licenses, testing, tools, supplies, equipment, transportation and labor to provide preventative maintenance services for the Dialysis Water System and Sterile Water System located at VA Milwaukee in a manner that shall ensure the health and general wellbeing of patients, staff and visitors.

All equipment and water testing shall be conducted in accordance with the latest published editions of AAMI Standards/Recommended Practices (example: AAMI TIR34:2014 (r)2017 for Sterile Processing)(example: ANSI/AAMI 13959:2014 for Dialysis).

(2) Hours of Coverage (shall include, at minimum):

0. On-site/Field Service Engineer: Monday through Friday, 8:00 AM to 6:00 PM CST, excluding federal holidays. If access is deemed necessary outside of these hours, these hours shall be charged at the prevailing contractor non-business travel and labor rates.

0. Work performed outside the normal hours of coverage at the request of FSE shall be considered service during normal hours of coverage. The contractor shall be available for billable service 24/7/365 in case of emergencies.

0. Federal holidays observed by the VAMC are:

0. Dispatch and Tech Support: Available 24/7.

0. Contractor shall respond as required within 1 hours of service request/notification. On-site presence if required shall be within 24 hours of initial call placement.

(3) Locations of Service:

· Milwaukee VA Medical Center -5000 West National Milwaukee, WI, United States 53295

· All travel shall be included in the contract with no charge.

(4) Specifications of Work:

0. All parts for the repair and maintenance of the system are covered.

0. Preventive maintenance shall be performed as specified in the cost schedule. Preventive maintenance shall be performed from 8am. to 6:00 p.m. on weekdays

0. No exclusion or charge for repairs due to damage/abuse.

0. Engineering changes are covered.

0. Contract service shall ensure that the equipment functions in conformance with the latest published edition of AAMI Dialysis Standards/Recommended Practices, Joint Commission, Federal, State, local, EPA, and American National Standards Institute (ANSI) standards.

0. Unlimited corrective maintenance is included during hours of coverage.

0. Any required parts shall be shipped in an expedited manner to minimize equipment downtime.

0. The Contractor has ready access to all parts, including unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment. The contractor shall use new or rebuilt parts. All parts shall be of current manufacture and have complete versatility with the presently installed equipment. All parts shall perform identically to the original equipment specifications. Rebuilt parts, used parts or those removed from another unit, shall not be installed without specific approval by the CO or the COR.

0. Contract shall include delivery and installation of parts, and removal of used parts/tanks.

0. There shall be no additional charges when equipment is not immediately accessible to on-site service representatives.

0. All work shall be scheduled in cooperation with Biomedical Engineering.

0. The Contractor shall perform PM service to ensure that equipment listed in the schedule performs in accordance with manufacturer specifications. The Contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable) provided to the COR at the completion of the PM. The contractor shall provide written description of Preventive Maintenance Inspections (PMI). This description shall include an itemized list of the procedures performed. PM services shall include, but need not be limited to, the following:

Dialysis Central System

Sterile Processing

Quarterly

0. PM services shall be performed in accordance with, and during the hours defined in, the preventive maintenance schedule established herein. All exceptions to the PM schedule shall be arranged and approved in advance with the COR. Annual disinfection of sterile processing shall be coordinated in advance with the VA COR, SPS, and the OR.

0. Dialysis system monthly check shall include, but is not limited to:

18. Check RO pre-filter replacement due date.

18. Verify and record full salt level in water softener brine tank. Verify and record water softener hardness is less than or equal to one (1) grain per gallon (GPG). Verify correct time displayed on softener.

18. Verify and record blending valve temperature.

18. Inspect vent (air) filters for each of the dialysis water system storage tanks for signs of water intrusion damage or other damage. Check tank air filter replacement due dates. There are three filters. One on each of the water storage tank, bicarb mix tank, and bicarb distribution tank.

18. Verify and record that the product water free chlorine and chloramine levels are less than 0.1 mg/L. This sample is taken at the sample port between the worker carbon tank (first tank) and polisher carbon tank (second tank) in each series after at least 15 minutes of operation.

18. Verify and record booster pump pressure output in PSI. (need to determine proper operating levels).

18. Verify and record resistivity of product water of the final DI bed is greater than 5 MΩ/cm.

18. Verify and record appropriate input, output, and pressure changes for the following components of the dialysis water system:

7. Reverse Osmosis Pre-filter

0. Pressure change should not exceed 10 psi.

7. Softener

7. Carbon

7. Endotoxin-Retentive Filters (Post filter/final filters)

3. Pressure drop across the filters shall be less than 15 psi.

7. Distribution loop

18. Verify and record inlet, pump, feed, and concentrate pressures of the RO system.

18. Verify and record product flow rate, concentrate flow rate, and recirculation flow rate.

18. Verify and record inlet TDS, product TDS, and percent rejection.

(5) Parts Owned by Incumbent: If a new contractor is selected, the contractor shall be responsible for replacing and returning equipment designated as “Owned by Incumbent.” This shall be coordinated with the COR at no additional cost to the Government.

(6) Guaranteed Uptime: This plan includes a guarantee of 95% uptime.

(7) Updates: Contractor shall provide system engineering changes.

(8) Services and parts not covered by contract: Contracting Officer (CO) and Contracting Officer’s Technical Representative (COR) authorization for any work or parts outside the scope of this contract shall be received prior to performance of work or payment will not be authorized. Parts required that are not covered by contract will be purchased by the VA and installed under the terms of the contract. Contractor shall provide a list of exclusions at the time of the proposal for VA review. Any additional charges claimed must be approved by the COR before service is completed.

(9) Qualifications: The contractor shall meet The Joint Commission requirements for proving competency of service provider. Contractor personnel shall be OEM factory trained and authorized to work on equipment they are servicing.

Contractor shall be an authorized 510K dialysis vendor.

Contractor shall be an authorized AmeriWater dealer.

The contractor shall provide job title, job description, and qualifications of any and all personnel that shall or may provide service to the Hospital. The CO may authenticate the training requirements, request training certificates or credentials from the contractor at any time for any personnel who are servicing or installing any VA equipment. The CO or COR specifically reserves the right to reject any of the contractor's personnel and refuse them permission to work on the VA equipment. If subcontractors are used, they must be approved in advance by the CO; the contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval. All service personnel shall be aware of and compliant with Hospital policy and procedures pertaining to safety, fire, severe weather, and emergency procedures.

(10) Check-in and Identification: The contractor's representative shall report to Biomedical Engineering prior to performance of service. On approved overtime, contractor shall report to Police Dispatch. The contractor's field service employee shall wear visible identification at all times while on the premises of the VA Medical Center.

(11) Safety Requirements: In the performance of this contract, all service personnel shall use appropriate personal protective equipment (PPE) during cleaning and maintenance/repair procedures, including complying with appropriate attire when entering a sterile environment. The Contracting Officer or designee will notify the contractor of any noncompliance with the foregoing provisions and action to be taken.

(12) Documentation Requirements: Service field reports shall be provided after the completion of each field service call, to be delivered no less than 5 business days from completion of maintenance or repair. Field service reports shall include written evidence of performance of all procedures and tests as required by the manufacturer. They shall include itemized parts and labor, the name of the field service engineer (FSE) who performed services, date(s) and time(s) of service, description of problem, and final report of actions taken to remedy problem. Contractor shall provide certification that all test equipment is calibrated annual by an ISO 9001 certified provider. Certification documentation shall be provided upon request within 10 business days.

The FSE shall be required to log out with Biomedical Engineering and submit the ESR(s) to the COR or designee. ALL ESRs shall be submitted to the equipment user for an "acceptance signature" and to the COR or designee for an "authorization signature".

(13) Insurance:

· Worker compensation and employer's liability. Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes.

· General Liability. Contractors are required to have Bodily Injury Liability Insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

· Property Damage Liability. Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.

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 (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $500,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days.

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed four (4) years.

(End of Clause) C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[]…