36C25520Q0565_1.pdf

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. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 66

36C25520Q0565 09-14-2020

Murphy, Michael michael.murphy7@va.gov 913-946-1967 09-24-2020 15:00

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

X 100

X

339113

750 Employees

N/A

X

Harry S. Truman Memorial Vet. Hospital

800 Hospital drive Columbia MO 65201-5272

36C255

Department of Veterans Affairs Network Contracting Office (NCO) 15

36C255

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX

877-353-9791 512-460-5429

See CONTINUATION Page

Vendor shall provide Ceiling Mounted Patient Lifts for the Harry S. Truman Memorial Veterans Hospital in accordance with the Statement of Work.

This requirement is 100% Small Business set-aside.

This is a Brand Name specific request. Only Guldmann products will be considered.

Vendors must have authorization to re-sell and install the requested Guldmann equipment.

See section E.1 Instructions to Offerors for how to submit an offer.

A site visit is scheduled for Fri. 9/17/20 at 1:00 PM CST.

POC's for site visit are Ryan Brwon (573) 814-6676 ryan.brown@va.gov or Darren Grayson (573) 814-6374 darren.grayson@va.gov

Technical questions are due by Mon. 9/21/20 at 3:00 pm CST and will be emailed to michael.murphy7@va.gov

See CONTINUATION Page

589-3600160-7311-824100-3131 0100C0A75

X X

X one(1)

Jeanine Wallace Contracting Officer

36C25520Q0565

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

2018)

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

C.3 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-

01)

C.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)

C.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.8 VAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.10 VAAR 852.219-76 SUBCONTRACTING PLANS MONITORING AND

COMPLIANCE (JUL 2018)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 INSTRUCTIONS TO OFFERORS

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.4 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C255

Department of Veterans Affairs

Network Contracting Office (NCO) 15

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon receipt and installation

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

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Materials and Equipment for GH3770lb with Scale continuous charge system;

as drawn for rooms C356 and C357

2 EA

0002 Materials and equipment for GH3 770lb. with scale continuous charge system;

as drawn for rooms C349, C351, C360, C364

4 EA

0003 Materials and equipment for GH3 770lb. with scale continuous charge system;

as drawn for rooms 348, 350,361, 362, 363, 365

6 EA

0004 Materials and equipment for GH3825lb. with scale continuous charge system;

as drawn for room C337

1 EA

0005 Materials and equipment for GH3825lb. with scale continuous charge system;

as drawn for room C328

1 EA

0006 Materials and equipment for GH3770lb. with scale continuous charge

SYSTEM; AS DRAWN

FOR ROOM 338

1 EA

0007 Equipment and materials for continuous charge patient lift; X-Y,GH3 w/scale, 770lb. Capacity in rooms F339, F330, F347, F322, F323

5 EA

0008 Labor for GH3 770 lb.

with scale continuous charge system; as drawn for rooms C356, C357, C349, C351, C360,C364, 348, 350, 361, 362, 363, 12 EA

0009 Labor for GH3 770 lb.

with scale continuous

2 EA

charge system; as drawn for rooms C337, C328

0010 Labor for GH3 770 lb.

with scale continuous charge system; as drawn for room 338

1 EA

0011 Installation of GH3 recessed X-Y systems in rooms: F339, F330, F347, F322, F323

5 EA

0012 INSTALLATION

HARDWARE

1 EA

Total Cost:_______________________________________

B.3 STATEMENT OF WORK

Statement of Work: Ceiling lifts in HSTMVA, Columbia, Missouri

A. General Information

1. Title of Project: Ceiling lifts in HSTMVA, replacement of end of life lifts and new lifts in new activation areas.

2. Scope of Work: The contractor shall provide all labor, supervision and all other resources required to deliver the requirements stated herein, except as may otherwise be specified in this statement of work. 770-pound advanced ceiling lifts, as noted in the location list (with fast motion, continuous-charge room-covering rail systems, integrated scales with readouts in the hand control, and tool-free emergency lowering) are to be delivered, installed, and tested. If proposed cost exceeds budget, HSTMVA will prioritize and specify final lift locations.

3. Background: Ceiling lifts have been installed in many places throughout HSTMVA.

These requested systems integrate into an existing system of 100% Guldmann lifts that are used to lift, transfer, and reposition inpatients and outpatients. Patients may arrive at any of these locations on a sling or be sent on to another location on a sling applied at these locations. Some of the systems being requested are filling in gaps where patients still need to be lifted, transferred, or repositioned. Many are being installed in areas that already contain similar equipment.

4. Performance Period/Schedule: The contractor shall complete the work required under this SOW no later than August 15th, 2020, unless otherwise directed by the Contracting Officer (CO). If the contractor proposes an earlier completion date, and the Government accepts the contractor’s proposal, the contractor’s proposed completion date shall prevail.

Installation dates must be coordinated with COTR as some require previous work, and dates may be adjusted by the Government as required if engineering changes are required and delayed.

B. General Requirements

1. Contractor will provide evaluation of spaces where ceiling lifts are needed and submission of plans to HSTMVA Engineering service, to assure that workable versions are installed and comply with VA design requirements and relevant standards. A walkthrough is required.

2. Contractor will coordinate with Engineering service to verify access to engineering mechanical, HVAC, and fire systems components within the mounting area of the lift units.

3. Contractor will coordinate with Contracting Officer Technical Representative (COTR) to schedule installations in individual areas.

4. Contractor will provide information on minimum clearances for operation of each lift.

5. Contractor will provide a list of all construction or modifications required to install these lifts. The goal is to install around any obstructions without requiring VA to make construction modifications.

6. Contractor will provide all qualified personnel, materials, equipment and services necessary to install ceiling lifts and supporting electrical outlets for the rooms described below under Location, including lifts, tracks, spreader bars, attachment hardware, and all other equipment necessary for safe operation. Detailed requirements are described in the Standards and Special Requirements sections. Lift systems may be configured in any way that covers the rooms best and meets the requirements.

7. Contractor will provide installation and testing of all equipment for ceiling lifts according to VA checklist requirements, resulting in a turnkey system.

8. Contractor will provide training on equipment use for all equipment included in coordination with COTR.

9. Contractor will provide evidence of testing of all lift systems provided and schedule testing when it can be overseen by COTR.

C. Specific Mandatory Tasks and Associated Deliverables

1. Location of Ceiling Lift Installations: Harry S Truman Memorial Veterans’ Hospital, Columbia, Missouri, Room numbers described below:

Location System/Scale

1. C356 Materials and equipment for GH3 770 lb.

with scale continuous charge system

2. C357 Materials and equipment for GH3 770 lb.

3. C349 Materials and equipment for GH3 770 lb.

4. C351 Materials and equipment for GH3 770 lb.

with scale continuous charge system

5. C360 Materials and equipment for GH3 770 lb.

with scale continuous charge system

6. C364 Materials and equipment for GH3 770 lb.

with scale continuous charge system

7. 348 Materials and equipment for GH3 770 lb.

with scale continuous charge system

8. 350 Materials and equipment for GH3 770 lb.

with scale continuous charge system

9. 361 Materials and equipment for GH3 770 lb.

with scale continuous charge system

10. 362 Materials and equipment for GH3 770 lb.

with scale continuous charge system

11. 363 Materials and equipment for GH3 770 lb.

with scale continuous charge system

12. 365 Materials and equipment for GH3 770 lb.

with scale continuous charge system

13. C337 Materials and equipment for GH3 825 lb.

14. C328 Materials and equipment for GH3 825 lb.

with scale continuous charge system

15. 338 Materials and equipment for GH3 770 lb.

with scale continuous charge system

16. F339 Equipment and materials for continuous charge patient lift; X-Y, GH3 w/scale, 770lb.

17. F330 Equipment and materials for continuous charge patient lift; X-Y, GH3 w/scale, 770lb.

18. F347 Equipment and materials for continuous charge patient lift; X-Y, GH3 w/scale, 770lb.

19. F322 Equipment and materials for continuous charge patient lift; X-Y, GH3 w/scale, 770lb.

20. F323 Equipment and materials for continuous charge patient lift; X-Y, GH3 w/scale, 770lb.

Note: These numbers are maximums and may be decreased if the accepted bid is higher than the budgeted amount. Final lift locations will be decided based on bids.

2. Description of Tasks and Associated Deliverables: The contractor shall provide the specific deliverables described below within the performance period stated in Section A.4 of this SOW.

3. Standards:

a. Ceiling Lift Performance Requirements:

i. Ceiling lift manufacturer must allow and warrant the use of their lifts with the full range of Guldmann loop slings.

ii. The rail system must allow for continuous charging of the lift motor by recharging at any location on the rail.

iii. The lifts shall be mounted (using ceiling, wall, or floor support as determined by building structure and room covering layout needs) to provide lifting capability for the maximum area possible within each room which means wall to wall – not just over the bed.

iv. Lifts must be capable of picking patients up off the floor.

v. Contractor must install lifts without relocating or interfering with operations of existing sprinkler heads, lights, HVAC grills, curtain tracks, IV tracks, televisions, permanent furniture, or other permanent structure. Contractor must describe any such fixtures that must be moved during contract bid and pre-construction meetings. Installation may be delayed, canceled, or moved to a mutually acceptable location if building changes cannot be made in ways that allow lift installation.

vi. Contractor shall not breach any firewalls during installation of these lifts. Any fire barrier that must be penetrated must be discussed with VA safety personnel and must immediately have fire barrier repaired.

vii. Each room where lifts are installed shall be returned to original condition, excluding the newly installed ceiling lift.

viii. Ceilings must not be slotted exposing space above ceiling to the room below.

ix. Ceiling lift motors shall be capable of lifting at least 770 pounds when stated above, and 825 pounds where stated above.

x. Integrated scales must be built into the lifts, using the same controller and the same power source as the lift. The scale must not make the hanger bar extend any lower than it would without the scale present. The scale must be readable without looking up above the patient; a display on the controller is acceptable.

xi. A specific opportunity for Service Agreements, Preventive Maintenance Agreements, and Extended Warranty Agreements should be presented.

xii. Warranty shall include all travel or shipping associated with any warranty repair.

xiii. Motors shall be GFCI protected and the entire system shall be UL certified.

xiv. Ceiling lifts must be motorized.

xv. Ceiling lifts must include a hanger bar suitable and allowable for use with the full range of Guldmann slings.

xvi. Ceiling lifts must recharge automatically, by recharging at any location on the rail. Lifts that recharge without employee action will be preferred.

xvii. Ceiling lifts must include safeguards to prevent patients from being trapped or hurt, such as emergency stop buttons or emergency lowering devices in case of power failure. Use of emergency lowering devices must not require tools or ladders.

4. Contractor shall provide the following with the bid:

a. Provide proof of multiple ceiling lift installations of the room covering style with minimum 10’x12’ coverage in this or other Veterans Administration Hospitals.

b. Provide proof of ongoing service quality and consistent management, including failure reports and any other applicable documentation.

5. Training:

a. Contractor shall provide certified in-service training for Safe Patient Handling Coordinator, Unit Peer Leaders, and direct patient care staff as requested by SPH Coordinator for all shifts at no additional cost to the Government, for any equipment new to this facility. This training must include competency verification.

b. Training must include each new type of equipment and sling used in an area.

6. Manuals: Contractor shall provide electronic copies of the user manuals and repair manuals for each different model of lift installed under this order or contract at no additional cost to the government.

7. Inspection: Each room’s lift system shall be weight tested after installation and photographed for compliance, with an authorized facility representative from Safety or Engineering present completing the remainder of the installation checklist. Each weight test sheet shall be provided to Contracting Officer Technical Representative. Any changes in inspection requirements during the period of installation will be communicated to the Contractor immediately.

Documentation supplied to the facility of the inspection must include the following:

a. Compliance with manufacturer’s clearance requirements.

b. Model and serial numbers of lifts installed.

c. Confirm receipt of operator and maintenance manuals.

d. Verification of proper connections of structural system to the building’s structure.

e. Verification of proper structural component sizing and physical installation to make sure that proper structural system and size is in place and properly installed to support the lift.

f. Verification of proper interface of lift unit at ceiling (hard deck or soft tile) or wall/floor, and proper installation of all protective features around the support rods and rails/tracks.

g. Inspection of lift motor casing for cracks and alignment.

h. Full extension and inspection of lift strap for loose threads or frays.

i. Inspection of spreader bar and clips for cracks and for loose or missing rings or cotter pins.

j. Verification that all rail end stops are in place and tightened.

k. Inspection and activation of hand control for full operation (e.g., up, down, left, right) and any return to charge function or continuous charging operation.

l. Inspection and activation of emergency up/down motor case control buttons.

m. Confirm any and all motor case indicator lights are functioning (e.g., red service warning light, charging state light)

n. If included in installation, verify rail turntable function, exchanger function, and gate alignment.

o. Confirm track is clean and clear of all debris (suggest wiping entire length of interior track channel with a soft cloth).

p. Verification of any “soft start” or “soft stop” features and that lifting speed does not exceed 2.5 inches per second with “zero” load.

q. Verification of load testing and deflection testing at lift listed maximum for each lift unit at its maximum rated lift capacity. Conduct this test in three progressive stages starting with a 100 lbs load, then 50% of maximum rated lift capacity, then 100% of maximum rated lift capacity. This test must be done with proper precautions and/or personal protective equipment.

r. Verification of any “soft start” or “soft stop” features and that lifting speed does not exceed 1.5 inches per second under maximum rated lift capacity

s. Verification of function of emergency stop at maximum rated lift capacity.

t. Verification of emergency lowering feature at maximum rated lift capacity.

8. Contractor conduct requirements:

a. All employees and subcontractors must wear a visible name and company identification when onsite. When more than one person is onsite performing work under this contract, one must be designated as a supervisor and must be fully responsible for the work to be performed.

b. The Contractor shall provide all supplies, materials, equipment, qualified personnel, supervision, management, and transportation to perform all tasks as identified herein.

All work is to be performed in accordance with the guidelines established by Federal, State, and local ordinances and The Joint Commission. The Contractor’s procedures and quality control procedures shall conform to these guidelines.

c. Contractor personnel must conduct their work so as not to interfere with the normal functioning of the facility and will stop work if asked by HSTMVA. Hours of work may need to be limited to daytime on units where patients sleep and nighttime in areas where patients would be exposed by daytime work.

d. The Contractor shall take all precautions necessary to protect the lives and health of occupants of the building.

e. The Contractor must follow procedures required by HSTMVA Infection Control personnel and the construction safety committee, to include any required dust control.

f. The Contractor must state what efforts will be made to minimize noise during installation of equipment.

g. The Contractor shall immediately correct any fire and safety deficiencies caused by his personnel. If the contractor fails or refuses to correct deficiencies promptly, the Contracting Officer may issue an order stopping all or any part of the work and may hold the contractor in default of the contract.

h. The Contractor shall comply with applicable Federal, State, and local safety and fire regulations and codes which are in effect at the beginning of the contract period. The contractor shall keep abreast of any changes in these regulations and codes applicable to the contract.

i. All material and equipment will be removed from the facility or stored properly at the end of each workday and secured during the workday in the areas specified by the Contracting Officer’s Technical Representative.

j. The Contractor is responsible for supplying, completing, and submitting all reports required or requested by Federal, State, or local ordinances which pertain to any duties contained in the contract.

k. The Contractor will be required to furnish HSTMVA with material safety data sheets for all chemicals used during installation. This information is required by the VA for emergency treatment in the event of ingestion of and/or contact with the material by humans and is required by OSHA regulations.

l. The contractor shall furnish at his own expense all labor, materials, machinery, and appliances which may be necessary or appropriate in the performance of this contract.

m. All accumulated rubbish is to be collected and placed in the dumpster provided by the Government.

9. Special Requirements:

a. The contractor must have visited the sites and assessed the structure of each ceiling lift location to ensure safe installation of the equipment and shall supply the installation plans to HSTMVA Engineering Service and Construction Safety Group, who must accept them before installation.

b. The contractor should not require movement of any lights, sprinklers, televisions, or other fixtures in order to install ceiling lifts. If movement of preexisting fixtures is unavoidable, the contractor must include such notice when the bid is submitted.

c. Wall mounted lifts are acceptable in the place of ceiling mounts where they are more effective or cause less risk to install.

d. Ceiling lifts must not add obstacles or impair any normal operations in patient care rooms.

e. The Contractor shall install all wiring subsequent to the outlets necessary for complete function of ceiling lifts.

f. The contractor will install all necessary mounts, braces, and any other components needed for full lift function and safety.

10. Schedule for Deliverables: If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed.

This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations.

11. Changes to Statement of Work: Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

12. Reporting Requirements: No reports are necessary, but the lift test sheets must be provided to the COTR by 2 weeks after installation. Lift installation is not considered complete and cannot be paid for until the lift test is complete and provided to the COTR.

13. Government Responsibilities: HSTMVA will provide:

a. Guidance for contractor site visits and information on which rooms need lifts.

b. Coordination to allow for lift installation as rooms are available.

c. Technical information on the building and requirements for construction.

d. Coordination and scheduling for training efforts.

e. Answers to Contractor questions during the purchasing and installation process.

f. Prioritization and final specification of lift locations in case proposed cost exceeds budget.

7. CONTRACT ADMINISTRATION DATA

a. All contract administration functions will be retained by the Department of Veterans

Affairs. The Contracting Officer will be 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 will be authorized to make commitments or issue changes that 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 unauthorized and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

8. CONTRACTING OFFICER’S REPRESENTATAIVE

a. Pursuant to VAAR Provision 852.270-1, Representatives of Contracting Officer, the designated representative for this contract is will be determined at award.

9. ACRONYMS AND DEFINITIONS

a. CDR: Contract Discrepancy Report. Report issued by the Government to the contractor to document a supply or service found to be unacceptable during contract performance.

b. CLIN: Contract Line Item Number. Unit of work (or service) to be performed (or delivered) by the contractor as a pay item.

c. CO: Contracting Officer. A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

d. COR: Contracting Officer’s Representative. An individual, including a Contracting

Officer’s Representative (COR), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

e. QA: Quality Assurance. Actions taken by the government to assure contracted services meet PWS requirements.

10. PERSONAL

a. Non-Personal Services

(1) This is a non-personal services contract. Personnel rendering services under this contract are not subject either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. The Government shall not exercise any supervision or control over the contract service s performing services herein. Such contract service s shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

b. Contractor Compliance with the Immigration and Nationality Act of 1952

(1) The Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals.

11. HOURS OF OPERATIONS

a. Business hours for the VAMC follow:

(1) Administrative hours: Monday through Friday, 8:00 a.m. - 4:30 p.m.

(2) National Holidays: The 10 holidays observed by the Federal Government are:

New Year’s Day;

Martin Luther King’s Birthday;

Presidents Day;

Memorial Day;

Independence Day;

Labor Day;

Columbus Day;

Veterans Day;

Thanksgiving;

Christmas; and any other day specifically declared by the President of the United States to be a national holiday.

(3) Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m.; Monday through Thursday, 4:30 pm – 8:00 am.

10. QUALITY CONTROL

a. CONTRACT PERFORMANCE MONITORING. The COR may perform surveillance of services by any of the methods listed below:

(1) Observing actual performance;

(2) Inspecting the services to determine whether or not the performance meets the performance standards; and

(3) Review of any other appropriate records.

b. When unacceptable performance occurs, the COR shall inform the Contractor and the Contracting Officer. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file. When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the contractor program manager. The Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to present this corrective action plan to the COR. The Government shall review the Contractor corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the Contracting Officer.

c. Pursuant to VAAR Provision 852.270-1, Representatives of Contracting Officer representative(s); The Government shall periodically evaluate the Contractor performance by appointing a Contracting Officers Representative (COR) to monitor performance to ensure services are received. The Government representative(s) shall evaluate the Contractor performance through inspections of observations, inspection of services or any other form of documentation and all complaints from VA personnel. The Government may inspect as each task is completed or increase the number of quality assurance inspections if deemed appropriate because of repeated failures or because of repeated customer complaints. Likewise, the Government may decrease the number of quality assurance inspections if performance dictates. The Government Contracting Officer shall make final determination of the validity of customer complaint(s).

d. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may -

e. Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements at no additional cost to the Government.

12. Contract Security

a. “The C&A requirements do not apply, and a Security Accreditation Package is not required”.

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

(viii) Name, title, and phone number of persons 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 points of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.216-20 DEFINITE QUANTITY OCT 1995

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.3 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

(DEVIATION 2019-01)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm.