36C25223Q0369_2.docx

36C25223Q0369

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.

UEI:

EFT:

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. SIGNAT

URE 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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

695-23-2-6093-0033 36C25223Q0369 03-13-2023 Pasholk,Susan 414-844-4846 03-28-2023 10:00

CDT

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 X 561790 $8 Million N/A X 36C252

CLEMENT ZABLOCKI VA MEDICAL CENTER

Department of Veterans Affairs

5000 W NATIONAL AVENUE

MILWAUKEE WI 53295

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page

CENTRAL FAN/DUCT CLEANING AT MILWAUKEE VAMC

PER THE STATEMENT OF WORK

SERVICE CONTRACT LABOR STANDARDS APPLY AND ARE ATTACHED

DOL WD 2015-4899 REV-20 DATED 12.27.2022 APPLIES

THIS

REQUIREMENT IS 100% SET-ASIDE FOR SMALL BUSINESS

VA POC; ADAM KREGER 414-384-2000 X44773

CO: SUSAN PASHOLK 414-844-4846

BASE YEAR APRIL 1, 2023 - MARCH 31, 2024

OPTION YEAR 1 APRIL 1, 2024 - MARCH 31, 2025

OPTION YEAR 2

APRIL 1, 2025 - MARCH 31, 2026

OPTION YEAR 3 APRIL 1, 2026 - MARCH 31, 2027

See CONTINUATION Page 695-3630162-6093-854100-2543 010050190 X X

SUSAN PASHOLK

CONTRACTING OFFICER

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:

1. CONTRACTOR:

CONTRACTOR NAME _____________________________________

ADDRESS ________________________________________________

CITY-STATE-ZIP __________________________________________

POINT OF CONTACT/TITLE ________________________________

SAM UEI NO. ____________________________________________

CAGE CODE _____________________________________________

1. GOVERNMENT: SUSAN PASHOLK, CONTRACTING OFFICER

CONTRACTING OFFICE CODE: 36C252

MILWAUKEE WI 53214

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

1. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

1. INVOICES:

2. Invoices shall be submitted monthly in arrears in accordance with: 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

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

2. 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 1-877-489-6135 for Enrollment.

2. 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.

2. 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.

1. GOVERNMENT INVOICE ADDRESS: (See SF1449 Block 18):

3. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

3. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

3. 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/veteransaffairs/ to begin submitting electronic invoices, free of charge.

3. 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.

3. For assistance setting up e-Invoice, the below information is provided:

4. * 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

1. ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13.5 Simplified Procedures for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used. 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.

1. SITE VISIT:

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

SITE VISIT IS SCHEDULED FOR TUESDAY MARCH 21, 2023 at 10:00 AM LOCAL TIME. ALL INTERESTED PARTIES TO MEET COR ADAM KREGER (414-384-2000 X44773) AT GRAPHICS BUILDING.

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

1. RFQ QUESTIONS:

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contracting Officer SUSAN.PASHOLK@VA.GOV no later than WEDNESDAY MARCH 22, 2023 AT NOON LOCAL TIME. Contracting will issue a consolidated response via solicitation amendment to https://beta.sam.gov Contract Opportunities within 2 business days to all parties

1. 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.

1. IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS:

1. All VA property is considered Federal property and all Federal laws are applicable.

1. 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.

1. All VA facilities are drug free. Possession of drugs, to include Marijuana and all Marijuana biproducts are 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.

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

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

1. 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.

1. 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 in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.

9. VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19:

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

1. 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.

Onsite Supervisor will be required to complete a Special Agreement Check (SAC) Level check and be badged. A SAC is an automated records check conducted by the Federal Bureau of Investigation in collaboration with the Office of Personnel Management. The current FY23 fees associated with background investigations: SAC is $20. This fee is the responsibility of the Contractor and will be billed accordingly.

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 15 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. Visitors must be escorted in areas restricted to the general public.

11. FACILITY CHECK IN/OUT:

Vendor shall check in with the COR or designated representative, prior to beginning any work. Due to the nature of working at a Government facility, the Contractor's staff shall be required to sign in and out each day at Building 111 Graphics Center. This sign in is MANDATORY.

SUPPLIES OR SERVICES AND PRICES/COSTS

CENTRAL FAN/DUCT CLEANING

ITEM INFORMATION

AMOUNT

Clean Central Fan Systems, Associated Duct Work Systems, and other Mechanical Systems and Equipment per the Statement of Work Contract Period: Base POP Begin: 04-01-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Clean Central Fan Systems, Associated Duct Work Systems, and other Mechanical Systems and Equipment per the Statement of Work Contract Period: Option 1 POP Begin: 04-01-2024 POP End: 03-31-2025

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Clean Central Fan Systems, Associated Duct Work Systems, and other Mechanical Systems and Equipment per the Statement of Work Contract Period: Option 2 POP Begin: 04-01-2025 POP End: 03-31-2026

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Clean Central Fan Systems, Associated Duct Work Systems, and other Mechanical Systems and Equipment per the Statement of Work Contract Period: Option 3 POP Begin: 04-01-2026 POP End: 04-01-2027

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

STATEMENT OF WORK/SPECIFICATIONS

CENTRAL FAN/DUCT CLEANING

The Contractor shall provide all labor, material, tools, management, and equipment necessary to clean the central fan systems, associated ductwork systems, and other mechanical systems and equipment located at the Clement J. Zablocki Medical Center, Milwaukee, WI as defined in the Statement of Work.

1. DESCRIPTION OF SERVICES

Each contract year, Contractor shall inspect, clean, scrape, degrease, wash down, and as necessary, clean fire retardant in the ductwork areas specified herein. Services shall be performed in accordance with industry standards. Most work will be performed outside of normal facility business hours of 7:00 AM to 4:30 PM to avoid conflict with daily hospital operations to include weekends. Dates for services shall be coordinated within thirty (30) days of contract award and then annually in advance of service performance. work shall be performed in accordance with the Conformance Standards in Paragraph 7.

2. SPECIFIC TASKS

Contractor shall provide one cleaning per calendar year (except as noted) of the complete supply, return, and exhaust air fan systems including all main trunk, vertical, and branch ductwork systems and all fans, vents, grills, and diffusers on the following:

A. Building 111:

** The square footage above is the square footage of the building areas that receive duct cleaning; it is not the square footage of the ductwork.

3. INSPECTIONS AND TESTS

A. The Contractor and the Contracting Officer’s Representative (COR) shall review the current inspection and maintenance records available on the equipment. The Contractor shall be responsible to submit a planned work schedule and a Quality Control Program to the Contracting Officer (CO) and the COR for approval within thirty (30) days of award as outlined in Paragraph 6. Upon completion of each visit or service performed, the successful Contractor shall submit a document report to the COR on all services performed as further detailed in Paragraph 5 Documentation and document any discrepancies, system impairments, and recommendations.

B. The Contractor shall inspect each exhaust, and duct system in accordance with National Fire Protection Agency (NFPA) Standard 96, Occupational Safety and Health Administration (OSHA), American Society for Testing and Materials (ASTM) publications, Conformance Standards, and the manufacturer’s instructions.

C. Contractor shall perform operational tests on grills, vents, diffuser, and duct systems in accordance with NFPA Standard 96 and manufacturer’s listed procedures.

D. Contractor shall perform all work in strict accordance with the applicable safety standards and codes in order to eliminate the possibility of damage to installed machinery, equipment, and building structures.

4. GENERAL REQUIREMENTS

A. The Contractor shall be responsible to remove all accumulations of dirt, soot, dust, lint, grease, oily residue, food substances, debris, and all other foreign matter from all specified systems and equipment.

B. The use of any Government property including rags, towels, ladders, tools, plastic/paper bags, trash receptacles, trash dumpsters, etc., in the accomplishment of required cleaning is prohibited.

C. Vacuum cleaning and air agitation equipment used to accomplish required cleanings shall be Underwriters Laboratories labeled and approved for hospital use. Equipment must operate at noise levels appropriate for a hospital environment.

D. The Contractor, at no additional cost to the Government, shall cut access openings into ductwork systems as necessary for proper cleaning. Each such opening shall be fitted with a hinged metal access door or a removable panel installed with metal screws and tightly gasketed to prevent air leakage from the duct. The Contractor shall be responsible to identify the location of all access panels in the written report as further outlined in Paragraph 5.

E. The Contractor shall ensure that required cleanings are accomplished in such a manner, which prevents the infiltration of dust, dirt, and other foreign matter into occupied spaces. All dust, dirt, lint, soot, and other substances removed during the cleaning operations including that which may have been deposited on floors, walls, desks, chairs, tables, etc., as well as any trash and debris deposited at the job site by the Contractor’s employees shall be placed in approved, sealed containers, and be removed from the job site by the Contractor daily for legal disposal off station.

F. When performing cleanings of ductwork systems serving food preparation/serving and similar sensitive areas, the Contractor shall temporarily install appropriate relief valves and filters in spur ducts from the main trunks to prevent discharge of dirt, dust, suspended particulate matter, etc., into the areas upon restart of the air-handling units.

G. The Contractor shall inspect for and remove all accumulations of grease, oil, lint, and other materials resulting from leakage, seepage, or drippage from ducts, plenum chambers, fans, fan housings, air handling units, etc., from floors, walls, ceilings, and other surfaces where such deposits are observed.

H. When performing work in known or suspected explosion hazard areas, the Contractor shall use only Underwriters Laboratories (UL) approved explosion proof electrical equipment and appliances conforming to the application provisions of the National Electric Code. All tools, cutting devices, brushes, scrapers, and similar devices and equipment used in known or suspected explosion hazard areas must be constructed exclusively of non-ferrous materials.

I. Within five (5) business days of receipt of a Notice of Award, the Contractor must provide the COR with the Safety Data Sheet for each cleaning substance proposed to be used in the performances of required cleanings.

K. The Contractor shall not under any circumstances bring or use on the station any detergent solvent, de-carbonizer, or any other substance or agent that possesses flammable, combustible, toxic, and/or explosive properties.

5. DOCUMENTATION

A. Within three (3) days of completion of cleaning in each area, Contractor shall submit via email a draft / initial service report to the COR. The draft/initial service will include the area and work performed and can be in the form of a job ticket.

B. A final vendor Engineering Service Report (ESR) report, to include before and after photos, shall be provided to the COR within 14 days of annual work completion. The report shall include a detailed description of the process used including a complete list of acceptable cleaning agents (include manufacturer of products used, UL classification, and a copy of any Safety Data Sheets previously submitted as required by the specifications and OSHA). In addition, each ESR must include the information listed below. Failure to provide written reports could result in delay of payments

1. Name of Contractor

2. Name of Field Service Engineer (FSE) who performed services

3. Contractor service ESR number/log number

4. Date, time (starting and ending), equipment downtime, and hours on-site for service call

5. VA purchase order number (Using the incorrect number could delay processing of invoices)

6. Identification of equipment to be serviced: ID number, manufacturers name, model, and serial numbers, room location, and any other manufacturer’s identification numbers

7. Itemized description of services performed including location of access panels and documenting of discrepancies, system impairments, and recommendations

8. Signatures of the FSE performing the services and the VA employee who witnessed the services described

6. QUALITY CONTROL PROGRAM

Contractor shall develop and maintain a quality program to ensure services are performed in accordance with the Conformance Standards in Paragraph 7 and other commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify and prevent defective services from reoccurring. These provisions shall be included in the Contractor’s Quality Control Program. Contractor shall clearly define procedures, which will be used to complete the work and confirm the above meets the requirements of these specifications. The Government evaluator must have a specific Quality Control Inspector to notify in case of customer complaints. Contractor shall submit the specific Quality Control Program tailored to the Milwaukee VAMC to the COR within 30 days of contract award, electronically, prior to any work being performed.

7. CONFORMANCE STANDARDS

Vendor shall perform duct clearing and inspections in accordance with industry standards. The Contractor shall perform the services in such a manner that does not damage government property. In the event damage occurs to Government property, or any adjacent property because of services performed under this contract, the Contractor shall replace or repair the same to the satisfaction of the COR at no cost to the Government. If damage caused by the Contractor must be repaired or replaced by the Government, the cost of such work shall be deducted from the monies due the Contractor.

1. For any failures found during inspections/testing, the COR and Operations & Maintenance Manager must be emailed within 24 hours of failure at.

2. The Contractor shall secure all permits, licenses, and/or certificates, or any such approvals or plans or specifications as may be required by federal, state, and local laws, ordinances, rules, or regulations, for the proper execution and completion of the work under this contract.

3. Chemicals used must not cause damage to government owned equipment, furniture, exterior building surfaces, etc. Any excess servicing chemicals spilled must be cleaned-up, the residue neutralized as required, and the surface washed and dried. Spilled clean water must be cleaned up and the surfaces dried. Contractor shall furnish a listing of proposed chemicals, along with Material Safety Data Sheets (MSDS), to be used for approval by the Government to the COR.

8. COMPLIANCE WITH GENERAL SAFETY REGULATIONS

A. All Contractors and Subcontractors performing services for the Government are required and shall comply with all Occupational Safety and Health Administration (OSHA), State, County and Municipal Safety and Occupational Health Standards and any other applicable rules and regulations. All Contractors and Subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

B. The Contractor shall purchase and issue all chemicals in their original containers. Materials that require precautionary warnings shall have affixed to all containers such labels or markings as are prescribed by law, regulatory agencies, or this Contract. Any violation of OSHA may be subject to default action.

C. Contractor shall furnish to the COR two (2) copies of Material Safety Data Sheets (MSDS), for all products proposed for use, a minimum of seven (7) days prior to beginning service, for approval. Contractor must update copies of the MSDS on an annual basis. In addition, each time a new chemical or cleaning product is proposed to be introduced into the facility, a copy of that product's MSDS must be provided to the COR for approval, prior to the product being used at the facility.

9. COMPETENCIES AND QUALIFICATIONS OF CONTRACTOR PERSONNEL

A. Contractor shall have an established business with an office and permanent staff; Staff shall include an FSE who will act as onsite supervisor and a second FSE who will serve as back-up.

B. Onsite Supervisor shall be required to complete a Special Agreement Check (SAC) Level check and be badged. A SAC is an automated records check conducted by the Federal Bureau of Investigation in collaboration with the Office of Personnel Management. The current FY23 fees associated with background investigations: SAC is $20. This fee is the responsibility of the Contractor and will be billed accordingly.

C. FSE shall have a minimum of two (2) years of experience performing this service. The FSE(s) shall have completed a formalized training program.

D. The FSEs shall be authorized by the Contractor to perform the maintenance services. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials. The CO may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing any VAMC equipment. The CO and/or COR specifically reserves the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment.

E. If subcontractor(s) are used, they must be approved by the CO; the Contractor shall submit any proposed change in Subcontractor(s) to the CO for approval/disapproval. The contractor shall be fully staffed on the first day of work under the contract. All personnel shall receive close and continuing first-line supervision by the contractor. Individuals who are performing the work must be experienced, fully trained and a regular employee of the contractor.

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (DEC 2022) is incorporated by reference.

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS:

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

This contract order 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/oamm/oa/ars/policyreg/vaar/index.cfm The following clauses are incorporated by reference:

SMALL BUSINESS SUBCONTRACTORS

C.3 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 30 calendar days prior to the contract’s performance period end. The “specified” rates under this clause will be those rates in effect under the contract each time an option is exercised under this clause.

(End of Clause)

C.4 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 15 calendar days prior to the contract’s performance period end; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days prior to contract’s performance period end. 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.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

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

(End of Clause)

C.6 VAAR 852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of clause)

C.7 VAAR 852.203-70 COMMERICAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of clause)

C.8 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) DEVIATION

(a) In an effort to increase contracting opportunities for Veterans, depending on the evaluation factors included in the solicitation, VA will evaluate responses received based on the schedule Contractor’s SBA Veteran Small Business Certification Program verified service-disabled veteran-owned small business/veteran-owned small business (SDVOSB/VOSB) status; and/or their proposed use of SBA Veteran Small Business Certification Program listed SDVOSB/VOSB as subcontractors or teaming partners.

(b) To receive credit under this clause a contractor or subcontractor must be listed, at time of submission of offer/quotes and at time of award, as an eligible SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov

(c) An SBA Veteran Small Business Certification Program listed SDVOSB schedule holder will receive full credit, and an SBA Veteran Small Business Certification Program listed VOSB schedule holder will receive partial credit for the SDVOSB/VOSB status evaluation factor.

(d) Offerors other than SDVOSBs or VOSBs proposing to use SBA Veteran Small Business Certification Program listed SDVOSBs/VOSBs as subcontractors/teaming partners, will receive some consideration under this evaluation factor. To receive consideration, offerors must provide in their proposals:

(1) The name(s) and contact information of the SBA Veteran Small Business Certification Program listed SDVOSB(s)/VOSB(s) with whom they intend to team or subcontract.

(2) A brief description of the proposed team or subcontractor(s) arrangement.

(3) The approximate dollar value of the proposed teaming arrangements or subcontract(s).

(4) Evidence of teaming partner/subcontractor’s SBA Veteran Small Business Certification Program database registration and verification.

(e) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of clause) C.9 VAAR 852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN OWNED SMALL BUSINESS EVALUATION FACTOR COMMITMENTS (JAN 2023) DEVIATION

(a) The Contractor agrees, if selected on the basis of service-disabled veteran-owned small business (SDVOSB) or veteran-owned small business (VOSB) status, to comply with the eligibility requirements in subpart 819.70, including the limitation on subcontracting requirements at 13 CFR 125.6.

(b) The Contractor agrees, if selected for award on the basis of teaming/ subcontracting in accordance with 852.208-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors—Orders and BPAs, to use the evaluated firm(s) as proposed or if approved by contracting officer to substitute one or more SBA Veteran Small Business Certification Program verified SDVOSB/VOSB for work of the same or similar value.

(c) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of clause)

C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (SEP 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled Veteran-owned small businesses (SDVOSBs) or Veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 USC 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of clause)

C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING – CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) DEVIATION

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not at time of submission of offer/quotes and at time of award, an eligible SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov -listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated at time of submission of offer/quotes and at time of award, an eligible SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov -listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [ ] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not an eligible SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated SBA Veteran Small Business Certification Program portal listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [ ] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not SBA Veteran Small Business Certification Program portal listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ________________________________________ Printed Title of Signee: _________________________________________ Signature: ___________________________________________________ Date: _____________________ Company Name and Address: ______________________________________ (End of clause)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause-

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A Contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI)

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of clause)

C.13 VAAR 852.242.71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation shall be furnished to the Contractor.

(End of clause)

(End of Addendum to 52.212-4) C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.