36C25226Q0557.docx

36C25226Q0557

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 537-26-2-6112-0218 36C25226Q0557 07-06-2026 Dayanna Wallace 414-844-4800 07-16-2026 10:00

CDT

36C252 Department of Veterans Affairs Great Lakes Acquisition Center 115 South 84th Street, Suite 101 Milwaukee

WI

53214-1476 X X 238220 $19 Million N/A N/A X 36C537 Department of Veterans Affairs Jesse Brown VA Medical Center 820 S. Damen Ave Chicago

Il

60612-3728 36C252 Department of Veterans Affairs 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 Refurbishment of 11 air handling units at the Jesse Brown VA Medical Center, Chicago, Illinois Service Contract Labor Standards Statute applies to this contract. See section D for the applicable DOL wage determination.

See CONTINUATION Page 537-3660162-6112-85011-2543 010050100 X x Ashley Johnson

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449) OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

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

a. CONTRACTOR:

CONTRACTOR NAME _____________________________________

ADDRESS ________________________________________________

CITY-STATE-ZIP __________________________________________

POINT OF CONTACT/TITLE ________________________________

SAM UEI NO. ____________________________________________

CAGE CODE _____________________________________________

CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT

(IF DIFFERENT THAN ABOVE):

NAME: __________________________________________

EMAIL ADDRESS:_________________________________

MILWAUKEE WI 53214-1476

2. FAR OVERHAUL (RFO): The Federal Acquisition Regulations (FAR) are undergoing the most thorough revision in their history, known as the Revolutionary FAR Overhaul (RFO). Accordingly, references to the updated regulations will be cited as RFO, rather than FAR, e.g., RFO 52.212-4 instead of FAR 52.212-4. The RFO may be found at RFO.

3. ACQUISITION OF COMMERCIAL ITEMS: This Request for Quote (RFQ) solicitation is issued under the authority of Revolutionary FAR Overhaul Part 12 - Acquisition of Commercial Products and Commercial Services. FAR Part RFO 14 and RFO 15 will not be used. From this RFQ, the Government intends to award a firm fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. (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.)

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

5. SOLICITATION TIMELINE SUMMARY:

A. RFQ QUESTIONS:

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contract Specialist Dayanna.wallace@va.gov no later than Wednesday July 8, 2:30PM LOCAL TIME. Contracting will issue a consolidated response via solicitation amendment to https://sam.gov Contract Opportunities within 2 business days to all parties.

B. SOLICITATION CLOSES/QUOTES DUE:

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

C. SUBMISSION OF QUOTE:

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

6. INVOICES: Use of the invoicing procedures set forth in this Contract are mandatory and supersede any other invoicing procedures otherwise used by the contractor. The contractor is responsible for the proper, timely submission of all invoices for work that has been completed under this Contract and accepted by the Government. Invoice payment, including the calculation of late fees when applicable, shall be conducted in accordance with current Department of Veterans Affairs policies and procedures at the time an invoice is submitted. Under no circumstances will a late payment be grounds for termination of this Contract.

a. Electronic Submission of Invoices: Invoices must be submitted after all work is completed for stand-alone Contracts or monthly in arrears for long-term Contracts, in accordance with: VAAR 852.232-72 Electronic Submission of Payment Requests. Invoices shall not be submitted for work not yet performed.

b. Payment in Arrears: Payment will be made in arrears upon receipt of a properly prepared invoice. Advance payment for work not yet performed is not authorized under this Contract.

c. Electronic Accounts: Before an invoice can be submitted or payment rendered, all contractors must establish a payment account with the Department of Veteran Affairs Financial Services Center (VAFSC) and register with the Tungsten Network for free electronic submission of invoices.

1. VAFSC Payment Account: A VAFSC payment account is established via the VAFSC Customer Engagement Portal at VAFSC Customer Engagement Portal. For assistance, VAFSC customer service is available at (877) 353-9791, option 2, or e-mail at vafsccshd@mail.va.gov.

2. Tungsten Network: Registration with the Tungsten Network may be accomplished at Tungsten Network Registration. Additional information and assistance may be found at Introduction - Simplified Invoicing with the Tungsten Network. Tungsten Network support is available at (877) 489-6135 or e-mail at VA.Registration@Tungsten-Network.com. Contractors shall submit an electronic invoice by the tenth (10th) of the following month services were performed or goods delivered via the Tungsten Network through the website at Tungsten Network Portal.

d. Invoice Contents: All invoices must reference the contractor’s name and address, customer name, Contract number, appropriate obligation/funding order number, description of services or supplies provided, quantity, unit price, and total invoice amount (any additional info). Invoices must also include any payment discount terms.

e. Electronic Payment: 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

7. NONPERSONAL SERVICES CONTRACT: This Contract is a nonpersonal services contract, as defined in FAR 37.101. VA personnel will not exercise any supervision or control over Contractor personnel performing work under this Contract. Such personnel shall be accountable solely to the Contractor, which in turn is responsible to the Government for execution of the services under this Contract.

8. 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.

9. 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.

a. The Contractor is responsible for following all on-site facility policies.

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

c. 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.

d. All VA facilities are drug free. Possession of drugs, to include marijuana and all marijuana byproducts are prohibited.

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

f. Smoking, including vaping products, is prohibited on the entire campus, both inside and outside the VA Facility.

g. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search.

h. 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.

10. SECURITY & PRIVACY CONTROL: Contractors shall coordinate all badging, background checks, and fingerprinting with the COR or otherwise designated facility point of contact. Reference VA Handbook 0710, VA Handbook 0735, VA Directive 0735.

11. RECORDS MANAGEMENT OBLIGATIONS:

a. Applicability: This section applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

b. Definitions: “Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal Record:

1. includes VA records;

2. does not include personal materials;

3. applies to records created, received, or maintained by Contractors pursuant to their VA contract; and

4. may include deliverables and documentation associated with deliverables.

c. Requirements:

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. The facility and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of the facility or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to the facility. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in this Contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to the facility’s control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in this Contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and the facility’s guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with the facility’s policy.

8. The Contractor shall not create or maintain any records containing any non-public facility information that are not specifically tied to or authorized by the Contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The facility owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which the facility shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. The facility, in coordination with the COR/POC, will provide any required training under this subparagraph.

d. Flow-down of requirements to Subcontractors:

1. The Contractor shall incorporate the substance of this section, its terms and requirements including this paragraph, in all subcontracts under this Contract and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

[Remainder of Page Intentionally Left Blank – End of Section B.1]

B.2 PRICE SCHEDULE

ITEM INFORMATION

Contractor shall provide all tools, materials, components, labor and supervision to refurbish 11 air handling units.

Contract Period: Base POP Begin: Contract Award POP End: September 30, 2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

[Remainder of Page Intentionally Left Blank – End of Section B.2]

B.3 PERFORMANCE WORK STATEMENT

Air Handler Units Refurbishment for the Jesse Brown VA Medical Center, Chicago, Illinois A. Contract Objective: The objective of this contract is to refurbish AHUs (Air Handler Units) in the Taylor and Damen buildings of the Jesse Brown VA Medical Center, where air handlers are dilapidated and deteriorating due to age.

B. Location: The refurbishments shall be conducted at Jesse Brown VA Medical Center (JBVAMC), 820 S Damen Ave, Chicago, Illinois 60612. This work includes resurfacing the dilapidation, reinforcing/ replacement of condensate pans for the most compromised AHUs, to include low-temperature EFX Epoxy and coil refurbishments.

C. Air Handler Units Identifiers & Service Areas:

1. S-1: Damen Fan Coil Units

2. S-7: Damen Directors Suite

3. S-9A: Damen JBVAMC Outpatient Clinics

4. Damen Respiratory Lab

5. Damen Blood Lab

6. Damen Morgue

7. S-21: Taylor Dialysis

8. S-12A: Taylor 4th floor, Human Resources

9. S-5: Taylor 4th floor, Human Resources

10. S-17: Taylor 5th floor, Research Area

11. S-9B: Taylor 2nd floor, Rehab Area D. Current Conditions: The existing air handlers are more than 50 years old and their interior walls, condensate pans and coils are corroded and deteriorating rapidly causing multiple breaches throughout the units leading to water leaks that carry considerable monetary liability. The leaks have compromised the concrete floors due to the rate and substantiality of condensation. These conditions are directly affecting patient care negatively. Due to the multiple breaches coupled with the compromised floor, services must redirect patient care and/or halt treatment to allow repairs, cleaning/sanitation.

E. Scope of Work: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, pay for their own parking while on-site, tools, materials, and supervision required to perform the following:

1. S-1 AHU: Seal, Tech, & Coil refurbishment.

2. S-7 AHU: Seal, Tech, & Coil refurbishment.

3. S-9A AHU: Seal, Tech, & Coil refurbishment.

4. Damen Respiratory Lab AHU: Seal, Tech, & Coil refurbishment.

5. Damen Blood Lab AHU: Seal, Tech, & Coil refurbishment.

6. Damen Morgue AHU: Seal, Tech, & Coil refurbishment.

7. S-21 AHU: Seal, Tech, & Coil refurbishment.

8. S-12A AHU: Seal, Tech, & Coil refurbishment.

9. S-5 AHU: Seal, Tech, & Coil refurbishment.

10. S-17 AHU: Seal, Tech, & Coil refurbishment.

11. S-9B AHU: Seal, Tech, & Coil refurbishment.

F. Additional Requirements: The Contractor shall perform the following requirements.

1. Follow the direction of VA escorts while working in restricted areas.

2. Coordinate with the COR to de-energize the AHUs.

3. Isolate the air handling units by sealing off adjacent ductwork and with negative air machines.

4. Clean and prepare all surfaces that will be addressed by Contractor including the removal of non-compliant coatings and foams.

5. Reinforce compromised surfaces with steel as needed to restore structure.

6. Apply Low Temperature EFX Epoxy (self-leveling) at 3/16” nominal thickness and 6” up walls throughout chamber floors immediately upstream of 1” coils.

7. Apply Low Temperature EFX Epoxy (self-leveling) at 3/16” nominal thickness and 6” up walls throughout remaining chamber floors and condensate pans downstream of 1” coils.

8. Apply Fire Barrier over all epoxy for compliance with NFPA 90A fire codes.

9. Apply Antimicrobial Topcoat over all fire barriers.

10. Apply Multicrylic, corrosion resistant, antimicrobial coating on walls, ceiling, fan housing, and structural steel.

11. Confirm proper operation of existing drains and traps.

12. Test AHU for proper drainage prior to recommissioning.

13. Clean and refurbish coils.

14. Generate a detailed installation report.

G. Scheduling: All work performed under this Contract shall be performed after business hours, Saturdays, and as defined below. Prior scheduling & coordination with the COR is mandatory.

1. Monday-Friday working hours are 6:00 pm to 6:00 am the following morning, local time. All work conducted after normal business hours (Monday-Friday), shall be completed by 6:00 am with operable system status by 7:00 am Monday-Friday to minimize disturbance to our patients.

2. Working hours for Saturday are: 7:00 am to 5:00 pm local time, or based on the availability of needed equipment and space. All work conducted on Saturdays shall be completed by 5:00 pm with operable system status by 6:00pm. Working on Federal Holidays and/or Sundays is not authorized.

3. Work on the following Federal Holidays is not authorized. The precise day a Federal Holiday is observed is available at U.S. Office of Personnel Management: Federal Holidays.

a. New Year’s Day;

b. Birthday of Martin Luther King, Jr.;

c. Washington’s Birthday;

d. Memorial Day;

e. Juneteenth National Independence Day;

f. Independence Day;

g. Labor Day;

h. Columbus Day;

i. Veterans Day;

j. Thanksgiving Day;

k. Christmas Day; and

l. Any other day declared a Federal Holiday by Presidential Proclamation.

H. Personnel Requirements:

1. Proper Training: All service technicians performing work under this Contract shall be properly licensed, certified, or otherwise trained, in accordance with federal, state, and local requirements, to perform the work under this Contract. Any such licenses, certifications, or training shall be kept current throughout the period of performance of this Contract. The Contractor shall provide a copy of any such license or certificate the next Business Day, upon demand by the COR.

2. Physically Capable: All personnel shall be physically and medically able to perform the services under this Contract.

3. Legally Capable: All personnel shall be legally capable of working in the United States. Anyone found to be undocumented or otherwise working illegally will be remanded to the proper authorities.

4. Behavior Standards: While onsite, all personnel shall behave appropriately. Contractor personnel shall not be rude, argumentative, or confrontational with anyone. Any violation of this policy is grounds for immediate revocation of that person’s access badge and a permanent ban from the premises.

5. Clear Criminal Record: All personnel shall have a clear criminal record, which means no felony convictions or misdemeanor convictions for assaultive behavior or crimes of moral turpitude, nor any active criminal warrants.

6. Communicating in English: All personnel shall be able to effectively communicate in English—speaking, reading, and writing. The purpose of this requirement is to ensure that all personnel are able to understand any alerts or warnings, oral and written, issued by the facility.

7. Healthy at Work: All personnel shall be healthy when performing services under this Contract; sick personnel must not report to work or shall depart the facility if becoming sick at work.

8. Appropriate Clothing: All personnel shall wear clothing appropriate for the services being performed and that clearly distinguishes them as Contractor personnel. Clothing shall present a neat appearance, be clean and maintained in good repair, and be worn as designed by the manufacturer. Contractor personnel shall not wear scrubs.

9. Identification Badge: All personnel shall wear their Government-issued identification badge, if issued, so that it is clearly visible from the front, above the waist and below the face.

I. Reports: A written Evaluation Service Report (ESR) shall document all work performed during each visit. The ESR shall be submitted electronically to the COR within three days after completion of each visit in a format mutually acceptable to JBVAMC and the Contractor. The ESR shall include the following information at a minimum:

1. Equipment serviced, including location;

2. Work performed on the equipment;

3. Any replacement parts, including serial numbers if applicable;

4. The names of the service technicians performing the work; and

5. The date and time the work was performed.

J. Additional Services or Supplies: In the event that the Government determines that additional services or supplies are required to meet evolving facility requirements in line with the services or supplies already being provided under the Contract, the Government may request a quote from the Contractor for such additional services or supplies, in the Government’s sole discretion. The Contracting Officer, in the Contracting Officer’s sole discretion, may award a bilateral contract modification for such additional services or supplies in accordance with RFO 52.212-4(d). Any modifications that authorize such additional services or supplies under this paragraph shall be considered within the scope of the Contract.

K. Regulatory Compliance: All work performed under this Contract must comply with all applicable laws, regulations, ordinances, rules, and professional standards, specifically including without limitation: the Centers for Disease Control and Prevention (CDC); the Occupational Safety and Health Administration (OSHA); the Environmental Protection Agency (EPA); the National Fire Protection Association (NFPA); the Food and Drug Administration (FDA); and The Joint Commission.

L. Compliance with General Safety Requirements: All Contractor personnel, including subcontractors, (collectively, the Contractor) shall comply with the following general safety requirements.

1. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA), State, County and Municipal Safety and Occupational Health Standards and any other applicable rules and regulations.

2. The Contractor shall be held responsible for the safety of their employees, including subcontractors, including any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

3. All ladders, scaffolding, tools, equipment, personal protective equipment, etc. shall be OSHA approved for the work to be performed. The Contractor shall use caution signs as required by OSHA Regulations. Caution signs shall be on-site on commencement of Contract.

4. The Contractor shall purchase and issue all chemicals in their original containers. Materials that require precautionary warnings shall have affixed to all containers such labels or markings as are prescribed by law, regulatory agencies or this Contract.

5. The Contractor shall furnish to the COR two (2) copies of Material Safety Data Sheets (MSDS) for all products proposed for use, a minimum of seven (7) days prior to beginning service, for approval. In addition, each time a new chemical product is proposed to be introduced into the facility, a copy of that product's MSDS must be provided to the COR for approval, in the COR’s sole judgment, prior to the product being used at the facility.

M. Facility Security, Safety, and Privacy Requirements:

1. Check-in/Check-out Procedures: The Contractor is required to report to the Facilities Management Office, room 3rd floor, Taylor building, to check-in prior to performing any work under this Contract and to check-out at the completion of each workday. These check-in/check-out procedures are mandatory.

2. Physical Security: The Contractor and all subcontractors shall comply with all applicable Department of Veterans Affairs (VA) security, privacy, and safety policies and procedures in effect at the time of performance, including but not limited to VA Directive 6500, VA Handbook 6500.6 (Contract Security), and VAAR 852.204-71, as applicable to work performed on VA premises. The contractor shall ensure that all personnel performing work under this Statement of Work complete VA-required privacy, confidentiality, and information security awareness training prior to starting work and annually thereafter, if required by VA policy. Any actual or suspected security incident, including loss, theft, or damage to VA property or equipment associated with the work described in this Contract, shall be reported immediately to the COR/POC and VA Police. The contractor shall cooperate fully with any VA investigation or remediation activities related to such incidents.

3. Building Security and Keys: The Government may provide the Contractor with keys to access the required rooms for services provided under this Contract, as applicable. The Contractor shall not lend keys or open locked rooms or areas to permit entrance by persons other than the Contractor’s assigned staff. The Contractor shall be responsible for securing areas upon completion of duties. Keys must not be duplicated. Any keys lost by the Contractor will be replaced by the Government, and the Contractor will be charged the replacement value of the lost key and for any expenses incurred for rekeying caused by the lost key. The Contractor must notify the COR/POC of any lost or suspected lost key as soon as possible.

4. Noninterference with Facility Functions: The Contractor must perform its services under this Contract in a manner that does not interfere with the facility’s functions, including maintaining all tools and equipment in an orderly fashion and cleaning the work area at the conclusion of a service visit, as applicable.

5. Network/Data Security: Contractor personnel shall not be granted logical access to any VA network, VA information system, or VA-sensitive information under this requirement, and no Contractor-owned equipment shall be connected to the VA network unless separately authorized in writing by the Contracting Officer and VA IT Security. All work will be limited to physical installation and configuration of equipment as described in the Statement of Work, using VA-provided network ports and infrastructure as directed by VA technical staff. The Contractor shall ensure that all devices, materials, and media brought onto VA property are free of malicious code and do not contain or store VA-sensitive information. If any device is temporarily configured with IP addressing or other settings for testing, those configurations shall be performed under the direction of VA technical staff and shall not involve storage, processing, or transmission of VA-sensitive information by the Contractor.

6. Safety – Infection Control Risk Assessment (ICRA) Requirements: During the performance of this Contract, the Contractor must follow all ICRA requirements, as set forth by the infection control staff.

7. Safety – OSHA and CDC Requirements: The Contractor must comply with all OSHA and CDC requirements while performing work under this Contract, including without limitation: use of personal protective equipment; proper placement of caution signs; and providing the COR/POC with all Material Safety Data Sheets, as applicable, prior to beginning any work under this Contract.

8. Patient Confidentiality: The Contractor must adhere to all requirements of the Privacy Act due to the possibility that confidential medical record information may be accessible and/or visible to Contractor employees while performing work under this Contract. The Privacy Act prohibits the disclosure of a record about an individual from a system of records, absent the written consent of the individual, unless the disclosure is pursuant to a statutory exception. See Privacy Act of 1974 for additional information regarding the Privacy Act. At the COR’s/POC’s direction, in their sole discretion, the Contractor must obtain a signed Confidentiality Certificate from each employee and maintain that Certificate for inspection purposes.

9. Photography: Photographs may be taken on facility grounds only during the performance of the services provided under this Contract; photographs shall not be taken for any other reason. Photographs must not contain any images or other personal information of patients, Government personnel, or other contractor personnel. Any violation of this policy is grounds for immediate revocation of that person’s access to the facility.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.