36C25221Q0814.pdf

PAGE 1 OF 60 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. E-MAIL ADDRESS 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:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

537-21-2-6111-0329

36C25221Q0814 06-10-2021

Naqikah Greenfield Naqikah.Greenfield@va.gov 06-24-2021

10:00 AM CDT

36C252

Department of Veterans Affairs

Great Lakes Acquisition Center (GLAC)

3001 Green Bay Road

Building 1, Room 326

North Chicago, IL 60064-3048

X

314910

500 Employees

N/A

N/A

36C252

Department of Veterans Affairs

Jesse Brown VA Medical Center

820 S Damen Avenue

Chicago, IL 60612-3728

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

Replacement Awning Canopies and Acrylic Windows for the

Jesse Brown VA Medical Center, Chicago, Illinois

See Section B.2 – Price Schedule, Section B.3 - Performance

Work Statement, and Section D – Attachments for specific information.

The Service Contract Labor Standards Act is applicable to this

Contract. See Section D for the Department of Labor Wage

Determination for Cook County, Illinois.

537-3610162-6111-855100-2543 010050190

X 1

Naqikah Greenfield

Contracting Officer

36C25221Q0814

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE SCHEDULE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

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

C.3 52.219-33 NONMANUFACTURER RULE (JUN 2020) (DEVIATION)

C.4 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES

(JUL 2020) (DEVIATION)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS (JUN 2020)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO QUOTERS – COMMERCIAL

ITEMS

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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:

PHONE NUMBER:

E-MAIL ADDRESS:

DUNS NUMBER/CAGE CODE:

b. GOVERNMENT: NAQIKAH GREENFIELD, CONTRACTING OFFICER

CONTRACTING OFFICE CODE: 36C252

DEPARTMENT OF VETERANS AFFAIRS

GREAT LAKES ACQUISITION CENTER

3001 GREEN BAY ROAD

BUILDING 1, ROOM 326

NORTH CHICAGO, ILLINOIS 60064-3048

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

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM – SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

3. INVOICES:

a. This is a firm fixed price contract. The Contractor shall only invoice for the services set forth in

Section B.3 Performance Work Statement according to Section B.2 Price Schedule. Additional costs may not be invoiced, absent a valid contract modification ratified by both parties and awarded by the Contracting Officer.

b. The Contractor shall submit one invoice upon completion of all work set forth in Section B.3

Performance Work Statement, to include acceptance of such work by the POC, per the prices set forth in Section B.2 Price Schedule, in accordance with:

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

c. Payment shall be made in arrears upon receipt of a properly prepared invoice.

d. 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.

e. 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.

f. 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:

* 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. 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, mailto:VA.Registration@Tungsten-Network.com https://portal.tungsten-network.com/Login.aspx http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ https://www.cep.fsc.va.gov/ mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov 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.

6. ON-CAMPUS REQUIREMENTS: During any visit to any VA facility under the terms of this

Contract, the Contractor, including its employees, agents, and subcontractors (collectively “the

Contractor”), shall comply with all VA policies. Failure to comply with VA policies may be a violation of Federal law and may result in charge(s) answerable in the United States District Court.

Specific policies include, but are not limited to:

a. Contract Point-of-Contact (“POC”): The POC for this Contract is Tally Collier, available at

Tally.Collier@va.gov.

b. Contractor Orientation: The Contractor shall attend an orientation prior to beginning any work under this Contract, at the facility’s discretion. This orientation may include the following topics:

Contract terms and conditions; performance monitoring; badging procedures; safety; fire procedures; severe weather procedures; infection control; and other disaster procedures.

c. Check-in/Check-out Requirements: The Contractor’s employees and/or agents shall report in-person to the POC upon arrival and before departing the facility.

d. Safety – Infection Control Risk Assessment (ICRA) Requirements: During the performance of this Contract, the Contractor shall follow all ICRA requirements, as set forth by the infection control staff. In particular, strict compliance with all COVID-19 requirements is mandatory, including adherence to all screening procedures, wearing of a protective facemask covering both the nose and mouth, and maintaining a six-foot social distance. Screening questions may include the following:

• Do you have a fever?

• Do you have a sore throat?

• Do you have a new onset of shortness of breath within the last 21 days?

• Do you have a new onset of a cough in the last 21 days?

• Have you traveled outside the U.S. in the last 14 days?

Anyone answering “Yes” to any of the above questions shall be denied entrance into the facility.

e. Safety – Occupational Safety and Health Administration (OSHA) Requirements: The Contractor shall comply with all applicable OSHA requirements while performing work under this Contract at any VA facility, including without limitation: use of personal protective equipment; respiratory protection; and proper placement of caution signs.

f. Safety – Chemicals: If chemicals are required for performance of the work under this Contract, the Contractor shall provide two (2) copies of the Material Safety Data Sheets (“MSDS”) for all proposed chemicals to the POC at least seven (7) Calendar Days prior to commencement of work.

The POC, in the POC’s sole discretion, shall approve or deny the use of any chemicals under this mailto:Tally.Collier@va.gov

Contract. All chemicals shall be used from their original containers, which shall be clearly marked with all warnings required by law, regulation, and ordinance.

g. Parking: 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.

h. Drug-free Policy: All VA facilities are drug-free.

i. Non-smoking Policy: Smoking is prohibited on the entire campus, both inside and outside the VA

Facility.

j. Weapons Prohibited: Possession of any type of weapon on VA property is prohibited. Enclosed containers, including tool kits, are subject to search without consent while on VA property.

k. Protection of Government Property: The Contractor shall take care to protect persons and personal/Government property while on VA property, including removal of all trash and debris at the completion of any job, and otherwise keeping the work area clean at all times. The Contractor shall be liable for any injuries and/or damage caused by the Contractor, including its employees and agents (including any subcontractors), to include all reasonable costs for medical treatment and/or damage repair. Any injuries and/or damage caused by the Contractor shall immediately be reported to the COR.

l. VHA DIRECTIVE 1192.01: Pursuant to 38 U.S.C. §§ 7301(b) and 7318(b), this Veterans Health

Administration (VHA) Directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities. This Directive requires that individuals who work in VHA locations, including all medical facilities, i.e., Medical Centers, Hospitals, Clinics, etc., either receive an FDA-approved influenza vaccine or wear a facemask during influenza season, defined as December 1 through March 31. This Directive is not applicable to visitors to medical facilities who enter to conduct occasional or sporadic services. If this Directive is applicable, the

Contractor is responsible for ensuring compliance with this Directive.

7. 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.

Visitor Passes: Issuance of visitor passes is the responsibility and at the discretion of each Facility

Director. Visitor passes may be issued to individuals requiring short-term access to a VA facility for a period not to exceed fifteen (15) Calendar Days in a 365-day period. Visitor passes are issued on a daily basis and expire at the end of the day of issuance. Visitor passes are issued following, at a minimum, review of one valid and current State or Federal government issued photo ID. The

Contractor shall wear visible identification and company uniforms, if issued, at all times while on the premises of any VA facility. Visitors must be escorted in areas restricted to the general public.

INSTRUCTIONS TO QUOTERS

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NUMBER DATE

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 to a responsible contractor that can meet the full requirements of this RFQ and whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered – 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.

TIMELINE:

• Last Day for Site Visit: Friday, June 18, 2021, by 2:00 p.m. Local Time.

• Solicitation Questions Deadline: Monday, June 21, 2021, by 5:00 p.m. Local Time. Answers will be posted by Solicitation Amendment on Contract Opportunities.

• Solicitation Closes/Quotes Deadline: Thursday, June 24, 2021, by 10:00 a.m. Local Time.

SITE VISIT: Any company interested in a site visit shall contact POC Tally Collier at

Tally.Collier@va.gov to schedule an appointment for a site visit. The last day for completing a site visit is noted above in the Timeline. Entrants will have to pass through screening questions, use hand sanitizer, wear face masks covering the nose and mouth when in the building, and otherwise observe all

COVID-19 precautions. It is strongly suggested and expected that the quoter 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, but a site visit is not required to submit a quote. In no case shall failure to attend a site visit or otherwise inspect the campus constitute grounds for a claim after contract award.

SUBMITTAL OF QUESTIONS/QUOTES: In order to maintain integrity of this solicitation and subsequent award date, all quoters are advised that all questions and quotes must be submitted in a written form via e-mail to Naqikah Greenfield, Contracting Officer, at Naqikah.Greenfield@va.gov by the deadlines noted under the Timeline, above. Answers will be posted by Solicitation Amendment on

Contract Opportunities. Receipt of quotes will be acknowledged via e-mail.

Quotes must include the following information to be evaluated for contract award. Incomplete quotes shall be considered non-conforming and will not be considered, pursuant to FAR 13.106-2(b)(3).

mailto:Naqikah.Greenfield@va.gov

(1) Price: The Government will evaluate the price by adding the total of all line item prices. The

Total Evaluated Price will be that sum.

a. Complete SCHEDULE OF SUPPLIES/SERVICES AND PRICES/COSTS

b. Fill in SF 1449: Blocks 17a, 30a, 30b, and 30c on Page 1

c. Fill in 1(a) on Page 2.

d. Fill in Price/Cost Schedule.

(2) Technical Capability: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as detailed in Sections B.2 – Price Schedule and B.3 –

Performance Work Statement. The quote shall include the following:

a. the brand name of the quoted awning canopy fabric referenced in Section B.3 Performance

Work Statement, Paragraph E Replacement Awning Canopies, if any;

b. the basis for stating that the proposed awning fabric meets each of the specified requirements set forth in Section B.3 Performance Work Statement, Paragraph E Replacement Awning

Canopies; for example: flame retardant in accordance with NFPA 701;

c. the brand name of the quoted acrylic for the replacement windows referenced in Section B.3

Performance Work Statement, Paragraph F Replacement Windows, if any; and

d. the specific coverage provided by the Warranty referenced in Section B.3 Performance Work

Statement, Paragraph G Warranty.

(3) Prior Experience: Submit information, if any, of contracts providing services similar to the requirements of this Contract. Information should include contract number, dates of service, and a point-of-contact with a telephone number or e-mail address. For evaluation purposes, a lack of prior experience will not disqualify a company.

(4) Representations & Certifications: Verification that all required representations and certifications are complete/current, in accordance with:

a. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment; and

b. FAR 52.212-3 Offeror Representations and Certifications – Commercial Items.

(5) Veterans Involvement: In accordance with Veterans Affairs Acquisition Regulation (VAAR)

852.215-70 (DEVIATION), Service-Disabled Veteran-Owned and Veteran-Owned Small

Business (VOSB) Evaluation Factors, the Government will assign evaluation credit for a Quoter

(i.e., prime contractor) which is a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a VOSB. To receive credit, an offeror must be registered and verified in Vendor Information

Pages (VIP) database at time of quotation submission and at time of award

(https://www.vip.vetbiz.va.gov/) and must meet federal small business size standards for the

North American Industry Classification System (NAICS) code assigned to this solicitation. Non-

SDVOSB/VOSB quotations that use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation Factor. Quoters must state in their quotations the names of the

SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VetBiz.gov VIP database ( https://www.vip.vetbiz.va.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both quotation submission and at time of award.

Please limit graphics or excessively large files during quote submission. The VA has a maximum allowable incoming email size limitation including attachments of seven (7) megabytes. Offerors submitting responses via email which exceed seven (7) megabytes shall split their response into multiple email messages so as to not exceed the maximum allowable email size limitation. The VA is not responsible for late responses due to undelivered e-mails that exceed seven (7) megabytes.

Offerors are solely responsible for ensuring that their questions/quotes are received on time.

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.

[Rest of Page Intentionally Left Blank]

B.2 PRICE SCHEDULE

LINE

ITEM

NO.

DESCRIPTION

(Firm Fixed Price)

QTY UNIT

UNIT

PRICE

TOTAL

PRICE

Replace damaged panel, install new awning canopy fabric, and reinstall the panel over the Garbage Disposal Area in accordance with the Performance Work Statement

1 JB $_____ $_____

Replace awning canopies and acrylic windows for the North

Parking Garage Walkway in accordance with the

Performance Work Statement

1 JB $_____ $_____

Replace awning canopies and acrylic windows for the

Southeast Connection Walkway in accordance with the

Performance Work Statement

1 JB $_____ $_____

Contract Total: _______________

B.3 PERFORMANCE WORK STATEMENT

Replacement of Awning Canopies and Acrylic Windows at the Jesse Brown VA Medical Center, Chicago, Illinois

A. Overview. The purpose of this Contract is to provide replacement awning canopies and acrylic windows at the Jesse Brown VA Medical Center, 820 S Damen Avenue, Chicago, Illinois 60612-

4223. Note: With the exception of replacement of a panel over the Garbage Disposal area noted below, the frame for the awnings and windows is already in place; only the awning canopies and acrylic windows are being replaced.

1. Basic Contractor Responsibilities: The Contractor shall provide all personnel, equipment, material, parts, software, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary for execution of the work to be performed under this Contract. All work shall be performed in a neat and professional manner, including the removal of all trash and debris at the completion of any and all work.

2. Non-interference with Facility’s Functions: The Contractor shall interrupt its work at any time so as to not interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment and carts. In the event of an emergency, Contractor services may be stopped and rescheduled to a date and time mutually satisfactory to the Contractor and the POC, at no additional cost to the Government.

3. Hours of Operation: Normal hours of facility operation are 7:00 a.m. – 3:30 p.m. Local Time

(“Business Hours”), Monday through Friday, except for the following Federal Holidays

(“Business Days”):

a. New Year’s Day;

b. Martin Luther King, Jr. Birthday;

c. President’s Day;

d. Memorial Day;

e. Independence Day;

f. Labor Day;

g. Columbus Day;

h. Veterans’ Day;

i. Thanksgiving Day;

j. Christmas Day; and

k. Any other day designated as a Federal Holiday by Presidential Decree.

B. Location: The Contractor shall: replace the damaged panel, install new awning canopy fabric, and reinstall the panel over the Garbage Disposal Area; and replace the awning canopies and acrylic windows for the North Parking Garage Walkway and Southeast Connection Walkway. The approximate locations are set forth in Attachment 1.

C. Dimensions: The dimensions of the Garbage Disposal Area panel, North Parking Garage Walkway, and Southeast Connection Walkway are set forth in Attachment 2. These dimensions are approximate; the Contractor shall ensure the proper fit of the Garbage Disposal Area panel and all replacement awning canopies and acrylic windows. Proper fit and installation of the Garbage

Disposal Area panel and all replacement awning canopies and acrylic windows shall be judged by the

POC, in the POC’s sole discretion. See Attachment 3 for pictures of the Garbage Disposal Area panel, Attachment 4 for pictures of the North Parking Garage Walkway, and Attachment 5 for pictures of the Southeast Connection Walkway.

D. Replacement Garbage Disposal Area Frame: The frame used to replace the damaged Garbage

Disposal Area panel shall be sufficient to comply with the Chicago, Illinois Building Code.

E. Replacement Awning Canopies: The fabric used for the replacement awning canopies shall meet the following minimum requirements:

1. Fabric Strength: The replacement awning canopy fabric strength shall be sufficient to comply with the Chicago, Illinois Building Code, including without limitation:

a. Snow loads;

b. Wind loads; and

c. Rain loads.

2. Additional Requirements: Replacement awning canopy fabric shall also possess the following characteristics:

a. Waterproof;

b. Flame retardant;

c. Mildew resistant;

d. Provide ultraviolet ray protection; and

e. Color to match as closely as possible the existing awning canopy color and be resistant to fading.

F. Replacement Windows: Replacement windows shall be made of weather-resistant acrylic and match the thickness and tint of the current windows. Replacement windows shall be properly weather-sealed during installation.

G. Warranty: The Contractor shall provide a written Warranty to the POC before conclusion of the work under this Contract. This Warranty shall, at minimum, cover all materials and labor provided under this Contract for at least ten (10) years from work completion. Any repairs or replacement of materials provided under this Warranty shall be at no cost to the Government.

H. Final Report: At the conclusion of all work under this Contract, the Contractor shall submit a final written report on company letterhead within five (5) Business Days of work completion. This Final

Report shall include the following information:

1. The dimensions of all replacement awning canopies;

2. The dimensions of all replacement acrylic windows;

3. The brand name of the fabric used for the replacement awning canopies;

4. The dates that work was conducted under this Contract;

5. The names of all service technicians that performed work under this Contract; and

6. The Final Report shall be signed by the Contractor.

I. Scheduling: All work performed under this Contract shall be conducted during outside of Business

Hours. The Contractor shall schedule any work to be performed under this Contract with the POC at least two (2) Business Days prior to such work occurring.

J. Service Technician Requirements. Service technicians performing any work under this Contract shall be properly trained and certified, as required, to perform such work. Should a certification be required to perform any work under this Contract, upon request from the POC, the Contractor shall provide a copy of such certification for each service technician performing that work within three (3)

Business Days.

K. Legal/Professional Standards Compliance. All work performed under this Contract shall comply with all applicable laws, regulations, ordinances, rules, professional standards, and OEM standards/ recommendations including, but not limited to: The Joint Commission (TJC); the Occupational Safety and Health Administration (OSHA); the Environmental Protection Agency (EPA); the National

Electrical Code (NEC); the National Fire Protection Association (NFPA); Underwriters Laboratories

(UL); the American National Standards Institute (ANSI); the International Organization for

Standardization (ISO); and NSF International.

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/

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

(End of Clause)

APR 1984

C.3 52.219-33 NONMANUFACTURER RULE (JUN 2020) (DEVIATION)

(a) Definitions. As used in this clause—

“Manufacturer” means the concern that transforms raw materials, miscellaneous parts, or components into the end item. Concerns that only minimally alter the item being procured do not qualify as manufacturers of the end item. Concerns that add substances, parts, or components to an existing end item to modify its performance will not be considered the end item manufacturer, where those identical modifications can be performed by and are available from the manufacturer of the existing end item.

“Non-manufacturer” means a concern, including a supplier, that provides an end item it did not manufacture, process, or produce.

(b) Applicability.

(1) This clause does not apply to contracts awarded pursuant to the unrestricted portion of a partial set-aside or to a contractor that is the manufacturer of the product or end item.

(2) This clause applies to—

(i) Contracts that have been awarded pursuant to a set-aside, in total or in part, for any of the small business concerns identified in 19.000(a)(3);

(ii) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(iii) Orders expected to exceed the simplified acquisition threshold and that are—

(A) Set aside for small business under multiple-award contracts as described in 8.405-5 and

16.505(b)(2)(i)(F); or

(B) Issued directly to a small business concern under multiple-award contracts as described in

19.504(c)(1)(ii);

(iv) Orders, regardless of dollar value, that are—

(A) Set aside in accordance with subparts 19.8, 19.13, 19.14, and 19.15 under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(B) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, and 19.15 under multiple-award contracts as described in 19.504(c)(1)(ii), regardless of dollar value; and

(v) Contracts using HUBZone price evaluation preference to award to a HUBZone concern unless the

Contractor waived the evaluation preference.

(c) Requirements.

(1) The Contractor shall—

(i) Provide an end item that a small business manufactured, processed, or produced in the United

States or its outlying areas; for kit assemblers who are nonmanufacturers, see paragraph (c)(2) of the clause instead;

(ii) Be primarily engaged in retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) When the end item being acquired is a kit of supplies, at least 50 percent of the total cost of the components of the kit shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(End of Clause)

C.4 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND

REMEDIES (JUL 2020) (DEVIATION)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any…