36C25221Q0289.docx

36C25221Q0289

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

36C25221Q0289 12-23-2020 Della Bond 414-844-4800 X43262 01-08-2021

10:00 AM

CST

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

WI

53214-1476 X X 811219 $22 Million N/A X 36C252 Department of Veterans Affairs Tomah VA Medical Center 500 E. Veterans Street Tomah

WI

54660-3105 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 X See CONTINUATION Page For the service and preventative maintenance of the fume hoods at the Tomah VA Medical Center in Tomah WI.

***This is a Small Business Set-Aside*** See CONTINUATION Page 676-3610162-559-854100-2543 010055590 X X

ONE

Lori Eastmead Contracting Officer

SECTION B - CONTINUATION OF SF 1449 BLOCKS

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: LORI EASTMEAD, CONTRACTING OFFICER

DELLA BOND, CONTRACT SPECALIST

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 (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

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.

5. 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 Contract Specialist della.bond@va.gov no later than FRIDAY JANUARY 1, AT 07:00 AM LOCAL TIME.

6. 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.

7. 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 THURSDAY DECEMBER 29, 2020 AT 10:00 PM LOCAL TIME. ALL INTERESTED PARTIES TO MEET COR JOSEPH COLPUITT (608-372-3971 x66094) AT BUILDING -40.

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.

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.

PHARMACY, LABORATORY & NEGATIVE AIR ROOM TESTING CERTIFICTION & CLASSIFICATION

STATEMENT OF WORK

1. BACKGROUND

Contractor shall provide all equipment, material, labor, travel costs and supervision to: inspect, test and certify for classification, the Pharmacy admixture area(s) and Laminar Air Flow workbenches (LAFW), and the Laboratory chemical and biological fume hoods, and test, inspect, certify and replace the High-Efficiency Particulate Air (HEPA) filtration for two negative air rooms, at the Tomah VA Medical Campus.

1.1 Pharmacy: Semi-Annual Testing

This shall include a comprehensive and detailed report at the conclusion of the inspections and testing noting any deficiencies and the corrective actions needed. The inspection and report shall include the following items:

A. Test and certify one (1) LAFW in the IV room. (Rm #1647A) and one (1) LAFW in modular IV prep room tested as a Segregated Compounding Area (SCA).

B. Test and certify two (2) supply High-Efficiency Particulate Air (HEPA) filters, located in (Rm #1647A and 1647) and two (2) HEPA filters located in SCA.

C. Calculate and report supply air changes per hour in two (2) clean zones.

1) Rm. #1647A D. Rm. #1647 and SCA: Calculate and report pressure gradients at three (3) room locations.

E. Classify three clean room zones. Perform non-viable environmental sampling (particle count sampling) in 3 clean room zones.

F. Perform viable environmental sampling in two (2) LAFW and three (3) clean room zones. Four samples per room or Primary Engineering Control (PEC), two samples from 1647 pass through, twenty-two (22) total microbial samples.

G. Provide control samples for viable environmental sampling (control plates).

H. Perform non-viable environmental sampling (particle count classification) in two (2) LAFW.

I. Perform dynamic smoke visualization tests in LAFW. Must work with site to have visual smoke testing video-recorded for site.

J. Perform all tests, certifications and classifications according to USP-NF General Chapter 797 Pharmaceutical Compounding – Sterile Preparations and most current version of Controlled Environment Testing Association-CETA-Application Guide-003 (CETA-CAG-003).

K. Work must be completed prior to 2PM.

1.2 Laboratory: Annual Testing

This shall include a comprehensive and detailed report at the conclusion of the inspections and testing noting any deficiencies and the corrective actions needed.

A. Biological Hood

1) Hood shall be tested and certified in accordance with the manufacturer’s specifications and in accordance with the National Sanitation Foundation(NSF) Standard No. 49, and the National Institute of Health’s standards, procedures, specifications and best practices.

2) Hood shall be certified annually to ensure that filters are functioning properly, and airflow rates meet specifications.

B. Chemical Hood

1) Hood shall be tested and certified in accordance with the manufacturer’s specifications and in accordance with the (National Sanitation Foundation) Standard No. 49, and the National Institute of Health’s standards, procedures, specifications and best practices.

1) Hood shall be certified annually to ensure that filters are functioning properly, and airflow rates meet specifications.

1.3 B400 Negative Air Pressure Rooms: Annual Testing, Service and Replacement A. Contractor shall service the HEPA filters and pre-filters that serve the following rooms.

1) Rm. 1060A.

a) The HEPA filter that serves room 1060A is in the penthouse of B400

2) Rm. 4052.

a) The HEPA filter that serves room 4052 is in the attic of B400 B. Contractor shall perform an annual aerosol test on the existing HEPA air filters indicated above and certify. If the existing HEPA filters fail test, Contractor shall remove and dispose of existing filters and provide and replace with new.

C. Contractor shall remove and dispose existing pre-filters indicated above and provide and replace with new on an annual basis.

1.4 General:

A. All HEPA filters and related Heating, Ventilation Air-Conditioning (HVAC) pre-filters, shall be provided by the Contractor when replacement is required. Contractor shall dispose of all old HEPA filters and other related HVAC pre-filters when removed and replaced with new.

B. Any changes to this SOW shall be authorized and approved only through written modification of this contract from the Contracting Officer (CO) in coordination with the Contracting Officers Representative (COR). Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

C. The Contractor shall perform no additional work without the prior written authorization of the Contracting Officer. Any additional work, which may be performed by the Contractor without this approval, will be performed by the Contractor at no additional cost to the Government.

D. Within fourteen (14) days of the award of this contract, the Contractor and the Government shall agree upon a schedule for annual and semi-annual services to take place and the date for work to start. These agreed upon schedules and dates shall apply for the contract base year, and all subsequent option years.

2. PERFORMANCE

A. Perform all microbiological sampling and compliance testing for the Tomah VA Medical Center pharmacy clean room(s) in accordance with latest version of the USP 797 standard, USP-NF General Chapter 797 Pharmaceutical Compounding – Sterile Preparations and most recent version of CETA-CAG-003.

B. Lead technician must be Controlled Environment Testing Association (CETA) National Board of Testing-Registered Certification Professional-Sterile Compounding Facility (CNBT-RCP-SCF).

3. EQUIPMENT

A. The contractor shall utilize appropriate test instrumentation and equipment. The contractor shall provide a list to the COR or their designated representative of all instrumentation and equipment that will be used for this testing and certification along with a list of the calibration certifications.

B. Equipment shall be disinfected appropriately per USP-NF General Chapter 797 Pharmaceutical Compounding – Sterile Preparations

Table 1: Equipment Location:

Pharmacy

LAFW – EE #46582 – SN #130924

Clean Room – Rm. #1647A

Ante Room – Rm. #1647

Pass Through

Modular IV Prep Room - EE #TBD – SN #TBD

Lab

Biological Hood – EE #17300 – SN #030808138AF

Chemical Hood – EE #17301 – SN #893734

B400 Negative Air Room

Rm. # 1060A – HEPA Filter Bank #1

Rm. # 4052 – HEPA Filter Bank #2

4. SERVICE HOURS AND FEDERAL HOLIDAYS

A. Normal hours of coverage are Monday through Friday from 8:00 am to 4:00 pm, excluding holidays.

B. All contract work shall be on a date and time mutually agreed upon between the Contractor and the COR.

C. Federal Holidays observed by the VAMC are:

5. GENERAL INFORMATION

A. Compliance with General Safety Regulations:

1) The Contractor shall coordinate all dates for service and testing with contract COR.

2) The contractor’s Certified Industrial Hygienist (CIH) shall contact the COR or Point of Contact (POC) prior to performing service at this location and shall communicate to the COR of their presence on the Tomah VA Medical Center campus.

3) Contractor is responsible to replace any items damaged by the contractor, sub-contractor, their employees or equipment at no extra charge to the Government.

4) Contractor personnel must conduct their work in a manner that does not interfere with the normal functions of the facility and will stop work if asked by the CO/COR as required if interruptions do occur.

6. POINT OF CONTACT INFORMATION (POC)

A. Scheduling of work shall be arranged with Contracting Officers Representative (COR), Alternate Contracting Officers Representative (ACOR) or the Subject Matter Expert(SME).

7. COMPETENCIES AND QUALIFICATIONS OF PERSONNEL SERVICING EQUIPMENT:

A. Personnel Qualifications:

1) Personnel shall be certified by Controlled Environment Testing Association’s National Board of Testing (CNBT) and the Registered Cleanroom Certification Professional – Sterile Compounding Facilities (RCCP-SCF). Industrial Hygiene Technicians shall not be utilized on this project.

2) The contractor shall have biosafety cabinet, field certifier accreditation.

B. Contractor Qualifications:

1) Contractor shall have at least 3 years of successful experience in conducting sterile environment sampling. Experience shall be verified by having at least three references submitted with the solicitation. Offers’ shall submit with their quote, the name(s) of the inspectors and inspection supervisor that will perform the work under this contract with proof that they are qualified per paragraphs 1, 2 & 3 of this section.

8. ORIENTATION FOR CONTRACTOR EMPLOYEES:

A. Contractor will attend an orientation meeting as arranged by the Contracting Officer's Representative (COR). The VA will schedule this meeting and it will include discussion of the following topics:

· Fire and Safety

· Infection control

· Disaster procedures – Other

· (VA will provide information to the contractor regarding these topics and will document the meeting).

B. The Contractor will be responsible to ensure that Contractor employees coming to the work site will receive the information required above.

9. CONTRACT DELIVERABLES

Contractor shall provide, to the COR after completion of work, at the minimum, the following deliverables:

A. A written report will be issued for each sampling session. Four hard copies and one electronic copy via e-mail provided to the VA COR within 10 days of the receipt of laboratory results. Each report will include at minimum the date, time and name of the Industrial Hygienist, narrative of work practices, location points where samples are collected, narrative interpretation of laboratory results, a comparison chart or table showing all sampling by date and sample location, laboratory results and a closed chain of custody. Report shall include room numbers and room diagrams, air flow indicators, notable recommendations and/or corrective actions needed. Any deficiencies noted shall clearly reference the applicable standard/source.

B. Each site visit/inspection shall include an out brief meeting with the VA COR and each Subject Matter Expert (SME) to discuss any inspection violations, findings, immediate needs, and necessary corrections.

C. Inspection and report results shall be submitted to the VA within 5 days of all microbial testing/sampling results are complete, or as soon as reasonably possible.

D. All electronic copies of written reports shall be sent to all listed in Table 3-Digital Report Electronic Delivery.

10. SECURITY REQUIREMENTS

A. All Contractor Certified Industrial Hygienist (CIH’s) shall obtain contractor ID badges from the COR. Identification shall be worn visible always by the Contractor and all CIH’s while on premises. Contractor shall coordinate with COR to acquire identification badges.

B. During normal working hours of operation, Monday through Friday, the contractor shall check in with the COR at the Tomah Veterans Affairs Medical Center (VAMC) Point of Contact (POC) when arriving to perform work and check out with the COR/Tomah VAMC POC when work/workday is complete.

C. During other than normal hours of operation, the contractor shall sign in and out with the Fire Department located on the east end of B36.

D. 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 VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

E. Effective October 1, 2019, smoking is prohibited both inside and outside (entire campus) at the VAMC.

F. 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.

11. RISK CONTROL

A. The Contractor shall take all necessary precautions to protect government property and shall repair any damage caused by their efforts.

B. All work affecting patients shall be coordinated in advance by the Government and the Contractor to have minimal impact on the patients.

12. PLACE OF PERFORMANCE

Tomah VA Medical Center, 500 E. Veterans St., Tomah, WI. 54660

13. Period of Performance.

A. Pharmacy:

1) Two (2) inspections per year. First inspection shall be during the month of January. Second inspection shall be 6 months later during the month of July. Inspections shall be in January and July for the base year and all exercised option years .

B. Lab:

1) One (1) inspection per year. Inspection shall be during the month of January. Inspections shall be in January for the base year and all exercised option years.

C. Negative Air Rooms:

1) One (1) inspection per year. Inspection shall be during the month of January. Inspections shall be in January for the base year and all exercised option years.

D. Support and service, as defined in this SOW, is to occur as scheduled and as required during the period of performance.

E. Work shall be completed in a timely manner and a performance schedule shall be coordinated with the Government upon contract award.

Base Year (1/15/2020 – 11/30/2021)

Inspect, test and certify for classification semi-annually (January and July), the Pharmacy admixture area(s) at the Tomah VA Medical Center. See SOW for details.

Inspect, test and certify for classification annually, (January) of the laminar air flow workbenches (LAFW) at the Tomah VA Medical Center. See SOW for details.

Inspect test and certify for classification, annually, (January) of the Laboratory chemical and biological fume hoods at the Tomah VA Medical Center. See SOW for details.

Inspect, test and certify for classification, annually (January) and replace High-Efficiency Particulate Air (HEPA) filtration for two negative air rooms at the Tomah VA Medical Center. See SOW for details.

OY1 (1/15/2021 – 11/30/2022)

Inspect, test and certify for classification, semi-annually (January and July), the the Tomah VA Medical Center. See SOW for details.

Inspect, test and certify for classification annually (January) of the laminar air flow workbenches (LAFW) at the Tomah VA Medical Center. See SOW for details.

Inspect, test and certify for classification annually (January) of the Laboratory chemical and biological fume hoods at the Tomah VA Medical Center . See SOW for details.

Inspect, test and certify for classification annually, (January) and replace High-Efficiency Particulate Air (HEPA) at the Tomah VA Medical Center. See SOW for details.

OY2 (1/15/2022 – 11/30/2023)

Inspect, test and certify for classification, semi-annually (January and July), the the Tomah VA Medical Center. See SOW for details.

Inspect, test and certify for classification, annually (January) of the laminar air flow workbenches (LAFW) at the Tomah VA Medical Center. See SOW for details.

Inspect, test and certify for classification, annually (January) of the Laboratory chemical and biological fume hoods at the Tomah VA Medical Center. See SOW for details.

Inspect, test and certify for classification, annually (January) and replace at the Tomah VA Medical Center. See SOW for Details.

OY3 (1/15/2023 – 11/30/2024)

Inspect, test and certify for classification semi-annually (January and July), the the Tomah VA Medical Center. See SOW for details.

Inspect, test and certify for classification, annually (January)of the the Tomah VA Medical Center. See SOW for details.

Inspect, test and certify for classification, annually (January) of the hoods at the Tomah VA Medical Center. See Sow for details.

Inspect, test and certify for classification, annually (January) and replace at the Tomah VA Medical Center. See SOW for details.

OY4 ( 1/15/2024 – 11/30/2025)

Inspect, test and certify for classification semi-annually (January and July), the the Tomah VA Medical Center. See SOW for details.

Inspect, test and certify for classification, annually (January) of the the Tomah VA Medical Center. See SOW for details.

Inspect, test and certify for classification, annually (January) of the hoods at the Tomah VA Medical Center. See SOW for details.

Inspect, test and certify for classification, annually (January) and replace at the Tomah VA Medical Center. See SOW for details.

GRAND TOTAL BASE PLUS ALL OPTION YEARS: _______________________________

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 52.217-8 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 15 days.

(End of Clause)

C.3 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 five (5) years.

(End of Clause) C.4 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.

[] 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.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.5 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)