36C25223Q0892.docx

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H146--SPS Water Testing, Tomah Wisconsin Federal contract opportunity
Solicitation number
36C25223Q0892
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 12

About this file

This is a solicitation for water testing services at the Tomah VA Medical Center in Tomah, Wisconsin. The solicitation requires monthly, quarterly, and annual water quality testing of utility and critical water systems for bacteria, endotoxins, total organic carbon, and ionic contaminants in accordance with AAMI standards. Additional validation and interventional testing is required on installation, repair, or modification of critical water systems or when increased microbial levels are detected. Testing includes heterotrophic plate counts, endotoxins, total organic carbon, and a hardness/ionic contaminants panel. The contractor must provide electronic reporting via a secure web portal and notify the COR/ACOR of results. The base period of performance is September 1, 2023 through August 31, 2024 with four one-year option periods. The solicitation is a 100% small business set-aside and was issued by the Department of Veterans Affairs Great Lakes Acquisition Center.

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P07 - Monroe County WI WD 15-4929 (Rev-23) dated 06.30.2023.pdf PDF

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36C25223Q0892

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

None 676-23-2-559-0017 36C25223Q0892 08-17-2023 Broacha,Laura 414-844-4800 x44896 08-23-2023

3:00 PM

CDT

Department of Veterans Affairs

GLAC (69D)

115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 X X 541380 $19 Million N/A X Tomah VA Medical Center 500 E. Veterans Street Tomah WI 54660-3105 Department of Veterans Affairs

GLAC-MILWAUKEE (69D)

Great Lakes Acquisition Center - HC 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page SPS Water Testing and associated services for the Tomah VA Medical Center, Tomah, WI.

100% Small Business Set-aside.

Award will be made to the quoter providing the lowest-price, technically-acceptable quote.

See CONTINUATION Page 676-3630162-559-854100-2543 010055590 X X Jim Hedman Contracting Officer Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PRICE/COST SCHEDULE4
ITEM INFORMATION4
SECTION C - CONTRACT CLAUSES27
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)27
C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS27
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)28
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)28
C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)29
C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)29
C.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)29
C.8 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)30
C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)30
C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)31
C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)31
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS40
SECTION E - SOLICITATION PROVISIONS41
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)41
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)41
E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)44
E.4 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)45
E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)45
E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)45
E.7 VAAR 852.273-70 LATE OFFERS (NOV 2021)46
E.8 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (NOV 2021)46
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)46

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:

b. GOVERNMENT: Contracting Officer 36C252 James Hedman Department of Veterans Affairs

GLAC (69D)

115 South 84th Street, Suite 101 Milwaukee WI 53214-1476

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

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Upon delivery and acceptance

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

AMENDMENT NO
DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
288.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Heterotrophic Plate Counts (HPC) - 24 samples. Frequency of testing - Monthly.

Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2024 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H146 - Quality Control - Water Purification and Sewage Treatment Equipment

264.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Heterotrophic Plate Counts (HPC) Tomah - 54 samples. Wausau CBOC - 12 samples. Frequency of testing -Quarterly.

POP Begin: 09-01-2023 POP End: 08-31-2024

40.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. SPS Hardness/Ionic Contaminants Panel - 10 samples each for 7 contaminants per panel. Frequency of testing - Quarterly.

POP Begin: 09-01-2023 POP End: 08-31-2024

68.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Limulus Amoebocyte Lysate (LAL)/Endotoxin - 17 samples. Frequency of testing - Quarterly.

POP Begin: 09-01-2023 POP End: 08-31-2024

68.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Total Organic Carbon (TOC) - 17 samples. Frequency of testing - Quarterly.

POP Begin: 09-01-2023 POP End: 08-31-2024

240.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Heterotrophic Plate Counts (HPC) - Not to exceed 240 samples per year. Frequency of testing - Weekly.

POP Begin: 09-01-2023 POP End: 08-31-2024

132.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Heterotrophic Plate Counts (HPC) Tomah - Not to exceed 108 samples per year. Wausau CBOC - Not to exceed 24 quarterly samples per year. Frequency of testing - Weekly.

POP Begin: 09-01-2023 POP End: 08-31-2024

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - SPS Hardness/Ionic Contaminants Panel - Not to exceed 50 samples each, for 7 contaminants per panel, per year. Frequency of testing - Monthly.

POP Begin: 09-01-2023 POP End: 08-31-2024

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Limulus Amoebocyte Lysate (LAL)/Endotoxin - Not to exceed 50 samples per year. Frequency of testing - Monthly.

POP Begin: 09-01-2023 POP End: 08-31-2024

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Total Organic Carbon (TOC) - Not to exceed 50 samples per year. Frequency of testing - Monthly.

POP Begin: 09-01-2023 POP End: 08-31-2024

288.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Heterotrophic Plate Counts (HPC) - 24 samples. Frequency of testing - Monthly.

Contract Period: Option 1 POP Begin: 09-01-2024 POP End: 08-31-2025

264.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Heterotrophic Plate Counts (HPC) Tomah - 54 samples. Wausau CBOC - 12 samples. Frequency of testing -Quarterly.

POP Begin: 09-01-2024 POP End: 08-31-2025

40.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. SPS Hardness/Ionic Contaminants Panel - 10 samples each for 7 contaminants per panel. Frequency of testing - Quarterly.

POP Begin: 09-01-2024 POP End: 08-31-2025

68.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Limulus Amoebocyte Lysate (LAL)/Endotoxin - 17 samples. Frequency of testing - Quarterly.

POP Begin: 09-01-2024 POP End: 08-31-2025

68.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Total Organic Carbon (TOC) - 17 samples. Frequency of testing - Quarterly.

POP Begin: 09-01-2024 POP End: 08-31-2025

240.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Heterotrophic Plate Counts (HPC) - Not to exceed 240 samples per year. Frequency of testing - Weekly.

POP Begin: 09-01-2024 POP End: 08-31-2025

132.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Heterotrophic Plate Counts (HPC) Tomah - Not to exceed 108 samples per year. Wausau CBOC - Not to exceed 24 quarterly samples per year. Frequency of testing - Weekly.

POP Begin: 09-01-2024 POP End: 08-31-2025

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - SPS Hardness/Ionic Contaminants Panel - Not to exceed 50 samples each, for 7 contaminants per panel, per year. Frequency of testing - Monthly.

POP Begin: 09-01-2024 POP End: 08-31-2025

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Limulus Amoebocyte Lysate (LAL)/Endotoxin - Not to exceed 50 samples per year. Frequency of testing - Monthly.

POP Begin: 09-01-2024 POP End: 08-31-2025

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Total Organic Carbon (TOC) - Not to exceed 50 samples per year. Frequency of testing - Monthly.

Contract Period: Option 2 POP Begin: 09-01-2025 POP End: 08-31-2026

288.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Heterotrophic Plate Counts (HPC) - 24 samples. Frequency of testing - Monthly.

POP Begin: 09-01-2025 POP End: 08-31-2026

264.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Heterotrophic Plate Counts (HPC) Tomah - 54 samples. Wausau CBOC - 12 samples. Frequency of testing -Quarterly.

POP Begin: 09-01-2025 POP End: 08-31-2026

40.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. SPS Hardness/Ionic Contaminants Panel - 10 samples each for 7 contaminants per panel. Frequency of testing - Quarterly.

POP Begin: 09-01-2025 POP End: 08-31-2026

68.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Limulus Amoebocyte Lysate (LAL)/Endotoxin - 17 samples. Frequency of testing - Quarterly.

POP Begin: 09-01-2025 POP End: 08-31-2026

68.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Total Organic Carbon (TOC) - 17 samples. Frequency of testing - Quarterly.

POP Begin: 09-01-2025 POP End: 08-31-2026

240.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Heterotrophic Plate Counts (HPC) - Not to exceed 240 samples per year. Frequency of testing - Weekly.

POP Begin: 09-01-2025 POP End: 08-31-2026

132.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Heterotrophic Plate Counts (HPC) Tomah - Not to exceed 108 samples per year. Wausau CBOC - Not to exceed 24 quarterly samples per year. Frequency of testing - Weekly.

POP Begin: 09-01-2025 POP End: 08-31-2026

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - SPS Hardness/Ionic Contaminants Panel - Not to exceed 50 samples each, for 7 contaminants per panel, per year. Frequency of testing - Monthly.

POP Begin: 09-01-2025 POP End: 08-31-2026

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Limulus Amoebocyte Lysate (LAL)/Endotoxin - Not to exceed 50 samples per year. Frequency of testing - Monthly.

POP Begin: 09-01-2025 POP End: 08-31-2026

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Total Organic Carbon (TOC) - Not to exceed 50 samples per year. Frequency of testing - Monthly.

POP Begin: 09-01-2025 POP End: 08-31-2026

288.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Heterotrophic Plate Counts (HPC) - 24 samples. Frequency of testing - Monthly.

Contract Period: Option 3 POP Begin: 09-01-2026 POP End: 08-31-2027

264.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Heterotrophic Plate Counts (HPC) Tomah - 54 samples. Wausau CBOC - 12 samples. Frequency of testing -Quarterly.

POP Begin: 09-01-2026 POP End: 08-31-2027

40.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. SPS Hardness/Ionic Contaminants Panel - 10 samples each for 7 contaminants per panel. Frequency of testing - Quarterly.

POP Begin: 09-01-2026 POP End: 08-31-2027

68.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Limulus Amoebocyte Lysate (LAL)/Endotoxin - 17 samples. Frequency of testing - Quarterly.

POP Begin: 09-01-2026 POP End: 08-31-2027

68.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Total Organic Carbon (TOC) - 17 samples. Frequency of testing - Quarterly.

POP Begin: 09-01-2026 POP End: 08-31-2027

240.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Heterotrophic Plate Counts (HPC) - Not to exceed 240 samples per year. Frequency of testing - Weekly.

POP Begin: 09-01-2026 POP End: 08-31-2027

132.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Heterotrophic Plate Counts (HPC) Tomah - Not to exceed 108 samples per year. Wausau CBOC - Not to exceed 24 quarterly samples per year. Frequency of testing - Weekly.

POP Begin: 09-01-2026 POP End: 08-31-2027

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - SPS Hardness/Ionic Contaminants Panel - Not to exceed 50 samples each, for 7 contaminants per panel, per year. Frequency of testing - Monthly.

POP Begin: 09-01-2026 POP End: 08-31-2027

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Limulus Amoebocyte Lysate (LAL)/Endotoxin - Not to exceed 50 samples per year. Frequency of testing - Monthly.

POP Begin: 09-01-2026 POP End: 08-31-2027

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Total Organic Carbon (TOC) - Not to exceed 50 samples per year. Frequency of testing - Monthly.

POP Begin: 09-01-2026 POP End: 08-31-2027

288.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Heterotrophic Plate Counts (HPC) - 24 samples. Frequency of testing - Monthly.

Contract Period: Option 4 POP Begin: 09-01-2027 POP End: 08-31-2028

264.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Heterotrophic Plate Counts (HPC) Tomah - 54 samples. Wausau CBOC - 12 samples. Frequency of testing -Quarterly.

POP Begin: 09-01-2027 POP End: 08-31-2028

40.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. SPS Hardness/Ionic Contaminants Panel - 10 samples each for 7 contaminants per panel. Frequency of testing - Quarterly.

POP Begin: 09-01-2027 POP End: 08-31-2028

68.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Limulus Amoebocyte Lysate (LAL)/Endotoxin - 17 samples. Frequency of testing - Quarterly.

POP Begin: 09-01-2027 POP End: 08-31-2028

68.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Total Organic Carbon (TOC) - 17 samples. Frequency of testing - Quarterly.

POP Begin: 09-01-2027 POP End: 08-31-2028

240.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Heterotrophic Plate Counts (HPC) - Not to exceed 240 samples per year. Frequency of testing - Weekly.

POP Begin: 09-01-2027 POP End: 08-31-2028

132.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Heterotrophic Plate Counts (HPC) Tomah - Not to exceed 108 samples per year. Wausau CBOC - Not to exceed 24 quarterly samples per year. Frequency of testing - Weekly.

POP Begin: 09-01-2027 POP End: 08-31-2028

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - SPS Hardness/Ionic Contaminants Panel - Not to exceed 50 samples each, for 7 contaminants per panel, per year. Frequency of testing - Monthly.

POP Begin: 09-01-2027 POP End: 08-31-2028

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Limulus Amoebocyte Lysate (LAL)/Endotoxin - Not to exceed 50 samples per year. Frequency of testing - Monthly.

POP Begin: 09-01-2027 POP End: 08-31-2028

50.00
EA
__________________
__________________

SPS/Dental Water Testing, Tomah VA Medical Center. Validation, System Repair, and Interventional Testing - Total Organic Carbon (TOC) - Not to exceed 50 samples per year. Frequency of testing - Monthly.

POP Begin: 09-01-2027 POP End: 08-31-2028

GRAND TOTAL
__________________

Page 1 of Page 1 of

PERFORMANCE WORK STATEMENT

SPS WATER TESTING

SERVICES

Provide Laboratory Analysis of water samples for Association for the Advancement of Medical Instrumentation (AAMI) compliance with water quality in accordance with VHA Directive 1116(2) dated March 23, 2016: Reference guidance in current 2017 AAMI TIR34 and various equipment Instructions for Use (IFU) and Steris equipment IFU, at the Tomah VA Medical Center and according to the following statement of work.

1. OBJECTIVE

A. The Tomah VA Medical Center (Tomah VAMC) Sterile Processing Service (SPS) is establishing a contracted water quality testing program on a monthly testing cycle in accordance with AAMI TIR34:2014R17.

2. GENERAL SCOPE

A. Contractor shall provide for the use of secure password protected web-based reporting system by the Tomah VAMC, with history of reports maintained on vendor database and exportable as excel and pdf documents.

B. The Contractor shall make this water testing requirement “turnkey” to the fullest extent possible.

C. The Contractor shall furnish all supplies, labor, materials, and equipment necessary for this service. No Government property shall be provided.

D. Contractor shall provide all safety equipment and personal protective equipment for their employees outside of the Tomah VAMC-SPS areas.

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

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

G. Within fourteen (14) days of the award of this contract, the Contractor and the Government shall agree upon a date for work to take place.

3. DETAILED SCOPE

A. Turnaround Time (TAT) for all samples shall be as follows.

1) Endotoxins – 7 days

2) Heterotrophic Plate Counts (HPC) – 4 Days

3) Total Organic Carbon – 7 Days B. Vendor will come to the Tomah VAMC SPS location to take water samples in secured areas of the Tomah VAMC SPS area. Utility and Critical water will be tested. Reports will be supplied electronically and hard copy.

C. Contractor shall be required to take and record outlet temperature, Ph levels and conductivity of the water at the time each sample is collected.

D. See table below for samples that are to be collected each for the testing described above:

DESCRIPTION

Heterotrophic Plate Counts (HPC). At Reverse Osmosis (RO) Unit/Tank, and both the beginning and end of waterline that feeds the RO system.

2 utility samples – Reprocessing area

SPS Hardness/Ionic Contaminants Panel – For 1 critical and 2 utility samples

Limulus Amoebocyte Lysate (LAL)/Endotoxin – as needed for 1 critical and 2 utility samples

Steam for Ionic Contaminants, Total Organic Carbon (TOC) and hardness

E. Schedule of Supplies:

1) Contractor shall supply all sampling supplies, sample and shipping containers, shipping labels and postage to complete sampling, packing wrap and cold packs to maintain temperatures and sample integrity as well as any required additional emergency sampling, taken by Tomah VAMC staff.

2) AAMI compliance with water quality Water Testing Requirements:

a) General Procedures for AAMI compliance with water quality:

i. The contractor shall furnish all sample collection bottles and return shipping labels, all transportation costs, and resources necessary to perform for AAMI compliance with water quality testing. Containers must be sterile, appropriate for the analysis, properly preserved, and ready for prompt transportation to the laboratory under strict chain of custody procedures. Contractor shall be required to provide trained staff to perform sample collections.

ii. VA requires monthly, quarterly, and annual source water samples for analysis plus 36 emergency samples for Endotoxins and Heterotrophic Plate Counts (HPC) if necessary.

3) Validation Testing.

a) In the event of critical water system repairs, replacement, or modifications, testing intervals F. Contractor’s Equipment Maintenance and Calibration.

1) Contractor shall maintain all testing equipment per Manufacturer’s specifications and recommendations.

2) All testing equipment used in the performance of this contract shall be calibrated per manufacturer’s recommendations. Calibration of testing equipment shall be traceable back to all applicable National and International standards.

a) Contractor shall provide contract COR with all required calibration and maintenance schedules for all testing equipment used in performance of this contract.

G. Sample/specimen Analysis and Reporting:

a) Endotoxin testing must be in compliance with use of Limulus Amoebocyte Lysate testing as listed in AAMI TIR34R17 (see below).

b) The laboratory must have environmental microbiology accreditation by a nationally recognized accrediting body, such as Environmental Microbiology Laboratory Accreditation Program (EMLAP), National Environmental Laboratory Accreditation Program (NELAP) and American Industrial Hygiene Association (AIHA). Proof of certification must be provided before acceptance of contract.

c) Contractor required to provide all sample analysis reports via e-mail to identified Contracting Officers Representative (COR) and Assistant Contracting Officers Representative (ACOR) and Tomah VAMC Point of Contact. Confirmation of notification from Tomah VAMC COR/ACOR is required to complete notification process.

d) Contractor shall be required to provide water testing services no less than once per month and more frequent if necessary. Successive stops between testing shall not exceed 35 calendar days.

e) Contractor Analytical reports shall include a signed copy of the chain of custody, identification of sampling locations and conditions, including the specific outlet temperature of water at the time the sample was collected, pH, biocide residual levels, method detection limits, and a description of test methodology.

f) Collection of samples will be performed in full compliance with Facility Personal Protective Equipment (PPE) practice and policy. Collection Team will be escorted into SPS restricted access areas.

g) Unscheduled, event related collections, may be required to be collected on weekends and federal holidays.

H. Sampling for Tomah VA Medical Center and Outpatient Clinic water quality of Utility and Critical water:

1) Laboratory and Chemical Analysis:

a) Requirements for testing per AAMI TIR34

TIR34 2014R2017 A.5.3 Quality Characteristics

a) Bacterial content

b) Endotoxin content

c) Total organic carbon

d) Ionic contaminants

b) Routine water monitoring and testing shall occur at the frequencies identified in the table below for each test. All testing shall occur at the Tomah VA Medical Center campus unless otherwise noted.

Frequency
Test Panels
Monthly
SPS Water Quality Panel

• Bacteria - Heterotrophic Plate Count (Spread Plate)

• 24 samples

Quarterly
• Bacteria - Heterotrophic Plate Count (Spread Plate)

• Tomah VAMC – 54 samples

• Wausau CBOC – 12 samples LAL/Endotoxin

• 17 samples Total Organic Carbon (TOC)

• 17 samples

Quarterly
SPS Hardness/Ionic Contaminants Panel

· Ionic Contaminants – 10 samples each.

· Chloride

· Iron

· Copper

· Manganese

· Ph

· Conductivity

· Hardness/CAC03 (Total)

c) Validation, System Repair, and Interventional Testing.

i. Sampling and testing frequency is identified by occasion per AAMI TIR 34: 2014/(R)2017: On installation, modification, or repair of the critical water treatment system or when persistent increased microbial levels are detected by heterotrophic plate count, Adenosine Triphosphate (ATP), or TOC.

Frequency
Test Panels
Weekly
SPS Water Quality Panel

• Bacteria - Heterotrophic Plate Count (Spread Plate)

• Not to exceed 240 samples per year.

Monthly
• Bacteria - Heterotrophic Plate Count (Spread Plate)

• Tomah VAMC – Not to exceed 108 samples per year.

• Wausau CBOC – Not to exceed 24 samples per year.

LAL/Endotoxin

• Not to exceed 50 samples per year.

Total Organic Carbon (TOC)

• Not to exceed 50 samples per year.

Monthly
SPS Hardness/Ionic Contaminants Panel

· Ionic Contaminants – Not to exceed 50 samples each, per year.

· Chloride

· Iron

· Copper

· Manganese

· Ph

· Conductivity

· Hardness/CAC03 (Total)

d) Requirements and Procedures for Sampling of SPS water lines for Colony Forming Units (CFU) and Endotoxin: The contractor shall utilize the Standard Spread Plate Method 9215B. The contractor will provide an outline of their actual testing procedures. Proof of certification and outline of actual testing procedures must be provided before acceptance of the contract. Sampling results will report the number of colony forming units of heterotrophic water bacteria per milliliter of water (cfu/ml).

e) Utility water with bacteria in water findings of >95 or greater will require immediate (<24 hours) notification by both telephone and email from the Contractor to the contract COR/ACOR.

f) Sampling will be tested for presence of Endotoxin and response of results expected as soon as analysis is complete. Parameters for Limulus Amebocyte Lysate (LAL) testing as listed in AAMI TIR34R17.

I. Contractor takes all responsibility of their staff while on Tomah VAMC property. Contractor staff will be escorted in all restricted areas of SPS. All Contractor staff will be required to wear full PPE supplied by the Tomah VAMC SPS, no exceptions. The Contractor’s field service employee will wear visible identification issued by the VA Police Service.

a) Upon request, retesting after remediation, or other non-routine testing, will be performed at the request of the contract COR/ACOR or POC. Should the quantity listed in the price schedule be exceeded, additional tests shall be provided and shall be performed on a separate purchase order.

4. SERVICE HOURS AND FEDERAL HOLIDAYS

A. Normal hours of coverage are Monday through Friday from 7:30 am to 4:30 pm, excluding holidays. All work shall be performed during normal hours of coverage unless otherwise requested or approved by the COR or their designee.

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

C. Federal Holidays observed by the VAMC are:

New Years’ Day
Labor Day
Martin Luther King Day
Columbus Day
Presidents’ Day
Veterans’ Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day

5. GENERAL INFORMATION

A. Compliance with General Safety Regulations:

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

2) The contractor’s FST (Field Service Technician) shall contact the COR/POC prior to performing service at this location and shall communicate to the COR of their presence on the Tomah VA Medical Center campus.

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

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

6. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A. Scheduling of work shall be arranged with at least one, or all the Point of Contacts below and in the following order: contract COR (Contracting Officers Representative) or contract ACOR (Alternate Contracting Officers Representative).

7. COMPETENCIES AND QUALIFICATIONS OF PERSONNEL AND COMPANY SERVICING EQUIPMENT IN THIS CONTRACT:

A. The Contractor services shall be performed by trained and qualified personnel and performed in accordance with manufacturer’s guidelines.

B. The laboratory must have environmental microbiology accreditation by a nationally recognized accrediting body (i.e., Environmental Microbiology Laboratory Accreditation Program (EMLAP), National Environmental Laboratory Accreditation Program (NELAP) and the AIHA or equivalent national accrediting body.

8. ORIENTATION FOR CONTRACTOR EMPLOYEES:

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

· Fire and Safety

· Infection control

· Disaster procedures - Other B. The Contractor will be responsible to ensure that Contractor employees coming to the work site will receive the information required above.

9. SECURITY REQUIREMENTS

A. All Contractor FST’s (Field Service Technician(s)) shall obtain contractor ID badges from the COR. Identification shall be worn visible always by the Contractor and all FST’s while on premises. Contractor shall coordinate with COR to acquire said identification badges.

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

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

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

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

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

10. RISK CONTROL

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

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

11. PLACE OF PERFORMANCE

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

END

SECTION C - CONTRACT CLAUSES

FAR Number
Title
Date
52.212-4
CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
DEC 2022

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 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.1 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR Number
Title
Date
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
JUN 2020
52.204-4
PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER
MAY 2011
52.204-9
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
JAN 2011
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 2018
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
AUG 2020
52.228-5
INSURANCE—WORK ON A GOVERNMENT INSTALLATION
JAN 1997
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
MAR 2023
52.237-2
PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION
APR 1984
852.204-70
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
MAY 2020

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $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.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 within 5 calendar days before contract's performance period ends.

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 within 5 calendar days before contract's performance period ends.; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.5 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.6 VAAR 852.203-70 COMMERCIAL 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.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified 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 listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) 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.8 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 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 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 852.232-72 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, email, 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 in this paragraph (e), 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.10 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 will be furnished to the Contractor.

(End of Clause) (End of Addendum to 52.212-4)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(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. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved] [] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (14) [Reserved] [X] (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (18)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

[] (ii)…

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