36C25224Q0313.docx

36C25224Q0313

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. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 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 36C25224Q0313 Broacha, Laura 414-844-4896 03-11-2024

10:00 AM

CDT

Department of Veterans Affairs

GLAC (69D)

115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 X 541380 $19 Million N/A X Jesse Brown VA Medical Center 820 S. Damen Avenue Chicago IL 60612-4223 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 Maintenance services for the Jesse Brown VA Medical Center, Chicago, IL.

See CONTINUATION Page 537-3640160-1120-825500-2543 010050100 X X Ashley Johnson Contracting Officer

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

1. CONTRACTOR:

1. ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures. FAR Part 15 will not be used. The procedures in Part 12 used in conjunction with Part 13 allow the Government to procure services resembling those in the commercial marketplace and streamline the procurement process. From this RFQ, the Government intends to award a firm fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. (Note: The terms “offeror” and “quoter” are both used in this Solicitation. For the purposes of this Solicitation, these terms are interchangeable; there is no difference in meaning between the two.)

1. SET-ASIDE (If any): See box 10 of STANDARD FORM 1449

1. SOLICITATION TIMELINE SUMMARY:

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 Laura.Broacha@va.gov no later than WEDNESDAY, MARCH 6, 2024, AT 10:00 AM LOCAL TIME. Contracting will issue a consolidated response via solicitation amendment to https://sam.gov Contract Opportunities within 2 business days to all parties.

1. SOLICITATION CLOSES/QUOTES DUE:

See box 8 of STANDARD FORM 1449 or most recent Amendment.

1. SUBMISSION OF QUOTE:

See 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services and addendum for specific instructions to offerors.

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. INVOICES:

5. All payments by the Government to the contractor will be made in accordance with: FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

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

5. 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.

5. 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.

5. All invoices shall reference the vendor’s 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.

5. 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.

5. 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.

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

* Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

1. FACILITY REQUIREMENTS: In addition to any other requirements set forth in this Contract, the Contractor, including its employees, agents, and subcontractors (collectively “the Contractor”), shall comply with the following facility requirements. Failure to comply with these requirements shall be considered a material breach of this Contract and may be a violation of Federal law resulting in charges answerable in the United States District Court.

1. Contractor is responsible to follow all on site facility policies

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 bi-products 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.

1. SECURITY & PRIVACY CONTROL:

Visitor Passes:

Issuance of visitor passes is the responsibility and at the discretion of each Facility Director. Visitor passes may be issued to individuals requiring short-term access to a VA facility for a period not to exceed 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.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Provide required maintenance as per manufacturers system specifications and industry standards for GE E4 Series critical water system (model GE-SUEZ/E4 -13200 Serial # 20-08-316-1556-A-01) in conjunction with laboratory analysis of water samples.

Contract Period: Base POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H146 - Quality Control - Water Purification and Sewage Treatment Equipment

Provide required maintenance as per manufacturers system specifications and industry standards for GE E4 Series critical water system (model GE-SUEZ/E4 -13200 Serial # 20-08-316-1556-A-01) in conjunction with laboratory analysis of water samples.

Contract Period: Option 1 POP Begin: 04-01-2025 POP End: 03-31-2026

Provide required maintenance as per manufacturers system specifications and industry standards for GE E4 Series critical water system (model GE-SUEZ/E4 -13200 Serial # 20-08-316-1556-A-01) in conjunction with laboratory analysis of water samples.

Contract Period: Option 2 POP Begin: 04-01-2026 POP End: 03-31-2027

Provide required maintenance as per manufacturers system specifications and industry standards for GE E4 Series critical water system (model GE-SUEZ/E4 -13200 Serial # 20-08-316-1556-A-01) in conjunction with laboratory analysis of water samples.

Contract Period: Option 3 POP Begin: 04-01-2027 POP End: 03-31-2028

Provide required maintenance as per manufacturers system specifications and industry standards for GE E4 Series critical water system (model GE-SUEZ/E4 -13200 Serial # 20-08-316-1556-A-01) in conjunction with laboratory analysis of water samples.

Contract Period: Option 4 POP Begin: 04-01-2028 POP End: 03-31-2029

B.3 STATEMENT OF WORK

SPS WATER TESTING AND EQUIPMENT MAINTENANCE

STATEMENT OF WORK

Provide required maintenance as per manufacturers system specifications and industry standards for GE E4 Series critical water system (model GE-SUEZ/E4 -13200 Serial # 20-08-316-1556-A-01) in conjunction with laboratory analysis of water samples for Association for the Advancement of Medical Instrumentation (AAMI) compliance with water quality in accordance with VHA Directive 1116 (dated July 17, 2023: Reference guidance in current AAMI ST 108 and various equipment Instructions for Use (IFU) and Steris equipment IFU, at the Jesse Brown VA Medical Center, Chicago, IL, and according to the following statement of work.

1. GENERAL SCOPE

a) Contractor shall provide for the use of secure password protected web-based reporting system by the Jesse Brown 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 Jesse Brown VAMC-SPS areas.

e) Any changes to this SOW 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 not perform any 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.

2. DETAILED SCOPE

a) The Jesse Brown VA Medical Center (Jesse Brown VAMC) Sterile Processing Service (SPS) is establishing a contracted critical water system maintenance as per system manufacturer guidelines and a water quality testing program with monthly testing cycle in accordance with AAMI ST 108.

REQUIRED MAINTENANCE TASKS AND SCHEDULE

System Performance Review:

· Inspect and record feed water chemistry data.

· Inspect and record carbon tanks data/backwash heads.

· Inspect & Record Carbon Tanks Data/Backwash Heads

· Inspect & Record RO Data

· Inspect & Record fittings, tubing, pressure gauges Monthly

Rebuild Carbon Head

· Rebuild pretreatment head to include piston assembly, seals, and spacers for the head.

Annually

Carbon Filter Rebed Removal and replacement of carbon and gravel Replace riser.

Carbon mesh (12x40) with iodine number of at least 950 Annually

Clean Membranes

· Clean RO membranes to meet equipment specifications and industry standards.

· Test, verify and record chemical is clear from the system after cleaning RO membrane.

· Contractor to provide all cleaning agents testing strips and necessary equipment and or supplies.

Quarterly

Disinfect RO/Loop/Storage Tank

· Disinfect RO loop to meet system specifications and industry standards.

· Test, verify and record chemical is clear from the system after disinfection.

· Contractor to provide all disinfecting agents, testing strips and necessary equipment and or supplies to ensure disinfection of system Monthly

Filters: Inspect & Replace System filters to meet equipment specification and industry standards

· Inspect & replace pre filter.

· Inspect & replace RO pre filter.

· Inspect & replace post filter.

· Inspect & replace Vent Filters Monthly, Annually, semiannually per manufactures system specifications

Training

· Provide training to facility personnel performing daily tasks and maintenance to include end users as needed.

Annually

Rental DI Tanks

· Bring in rental DI tanks.

· Remove old and connect new tanks.

· Inspect and exchange tanks as needed.

Quarterly

b) Turnaround Time (TAT) for all samples shall be as indicated in Table 1 and Table 2 below:

1) Endotoxins LAL

2) Bacteria Heterotrophic Plate Counts (HPC)

3) Total Organic Carbon

c) Vendor will come to the location to take water samples in secured areas of Jesse Brown VAMC SPS area and Critical water system located in Bed Tower will be tested. Reports will be supplied electronically Jesse Brown VAMC SPS and hard copy.

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

e) See tables below for samples that are to be collected each for the testing described above:

1) Frequency for water quality monitoring at water generation system

2) Frequency for water quality monitoring at point-of-water-use (sink, Automatic Endoscopic Reprocessor i.e., Medivator)

Table 1: Frequency for water quality monitoring at water generation system

At Critical Water Generation System

Table 2: Frequency for water quality monitoring at point-of-water-use (Sink, Automatic Endoscopic Reprocessor i.e., Medivator)

At Point of use in SPS Reprocessing area

f) 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 Jesse Brown 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.

3) Validation Testing.

a) In the event of critical water system repairs, replacement, or modifications, testing intervals.

g) 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 COR with all required calibration and maintenance schedules for all testing equipment used in performance of this contract.

h) Sample/specimen Analysis and Reporting:

1) Contractor shall submit a written report to the COR within (3) working days of the time service is complete. Each report shall include a detailed description of the services performed (including the replacement of any parts if required) which may be necessary to meet the contract requirements.

2) Endotoxin testing must be in compliance with use of Limulus Amoebocyte Lysate testing as listed in AAMI ST108.

3) 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.

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

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

i. 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, description of test methodology.

j. 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.

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

k. Sampling for Jesse Brown VA Medical Center Critical water:

1) Laboratory and Chemical Analysis:

a) Requirements for testing per AAMI ST 108

AAMI ST 108 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 Jesse Brown VA Medical Center campus unless otherwise noted.

5 samples sink x2, Medivator x2 1st and 5th Fl and Bacteria - Heterotrophic Plate Count LAL/Endotoxin Total Organic Carbon (TOC) Total hardness

· Water Generation system pH Total Alkalinity Total Hardness Bacteria Endotoxin

Annually

SPS Hardness/Ionic Contaminants Panel

· Ionic Contaminants – 4 samples each.

· Aluminum

· Chloride

· Conductivity

· Copper

· Iron

· Manganese

· Nitrate

· Phosphate

· Sulfate

· Silicate

· Total Hardness

· Zinc

c) Validation, System Repair, and Interventional Testing: Sampling and testing frequency are identified by occasion per AAMI ST 108, 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.

d) Requirements and Procedures for Sampling of SPS water lines for Colony Forming Units (CFU) and Endotoxin: The contractor will provide an outline of their actual testing procedures. Sampling results will report the number of colony forming units of heterotrophic water bacteria per milliliter of water (cfu/ml).

e) Critical water findings out of range will require immediate (<24 hours) notification by 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 shall be as listed in AAMI ST 108.

l. Contractor takes all responsibility of their staff while on Jesse Brown 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 Jesse Brown VAMC SPS, no exceptions. The Contractor’s field service employee will wear visible identification issued by the VA Police Service.

1) Upon request, retesting after remediation, or other non-routine testing, will be performed at the request of the COR/ACOR or POC. Should the quantity listed in the price schedule be exceeded, additional tests shall be provided and shall be performed upon completion of a contract modification by the Contracting Officer.

3. SERVICE HOURS AND FEDERAL HOLIDAYS

a) Normal hours of coverage are Monday through Friday from 7:30 am to 10:30 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 Jesse Brown VAMC are:

4. GENERAL INFORMATION

a) Compliance with General Safety Regulations:

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

2) The contractor’s FST (Field Service Technician) shall contact the COR/ prior to performing service at this location and shall communicate to the COR of their presence on the Jesse Brown 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 COR/ACOR as required if interruptions do occur.

5. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

a) Scheduling of work shall be arranged with: (1) COR (Contracting Officers Representative), or (2) ACOR (Alternate Contracting Officers Representative).

6. 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.

7. 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.

8. 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/Jesse Brown VAMC (Veterans Affairs Medical Center) POC (Point of Contact) when arriving to perform work and check out with the COR/Jesse Brown VAMC POC when work/workday is complete.

c) During other than normal hours of operation, the contractor shall sign in and out at the main entrance reception desk.

d) It is the responsibility of the Contractor to park in the appropriate designated parking areas.

e) Smoking is prohibited both inside and outside (entire campus) at the Jesse Brown 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.

9. 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.

10. PLACE OF PERFORMANCE

Jesse Brown VA Medical Center, 820 S. Damen Ave, Chicago Il, 60612.

END

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL 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.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(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 days.

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 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 852.232-72 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)…