36C25618Q0259-001.pdf

DRAFT

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

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

36C25618Q0259

Joey Grismore 713.3794.7403

Department of Veterans Affairs Acquisition & Materiel Management Michael E. DeBakey VA Medical Center 2002 Holcombe Blvd Houston TX 77030 4298 x 100 x $15 Mil

X

N/A x

Department of Veterans Affairs Michael E. DeBakey VA Medical Center Receiving Warehouse Building 100 2002 Holcombe Blvd Houston TX 77030-4298

Department of Veterans Affairs Acquisition & Materiel Management Michael E. DeBakey VA Medical Center 2002 Holcombe Blvd Houston TX 77030 4298

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

TESTING, INSPECTION, PREVENTATIVE MAINTENANCE, REPAIR, and CERTIFICATION Michael E. DeBakey VA Medical Center (MEDVAMC) Houston, Texas 77030

Please see enclosed SOW and current Wage Determination IAW the Service Contract Act Award will be made to the Contractor with an offer/quote that's most advantageous to the Government IAW the evaluation factors outlined in the "Addendum to FAR 52.212-1".

RFQ IN "DRAFT" MODE PENDING INTERNAL REVIEWS

SITE VISIT: 19 JAN 2018 0945 MEDVAMC MAIN LOBBY

Base Year: POP Begin: 01 Mar 2018 POP End: 28 FEB 2019 Option Year 1: POP Begin: 01 Mar 2019 POP End: 28 FEB 2020 Option Year 2: POP Begin: 01 Mar 2020 POP End: 28 FEB 2021

Option Year 3: POP Begin: 01 Mar 2021 POP End: 28 FEB 2022

Option Year 4: POP Begin: 01 Mar 2022 POP End: 28 FEB 2023 See CONTINUATION Page x

Please Invoice with Purchase Order Number:

X

JOEY GRISMORE

12 JAN 2018

36C25618Q0259

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 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

B. 3 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

S ECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

36C25618Q025

STATEMENT OF WORK

DEVICE LOCATION

WAGE DETERMINATION

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNME

NT:

Joey Grismore Contracting Officer

Michael E. DeBakey VA Medical Center 2002 Holcombe Boulevard

Houston, TX 77030

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

[X] 52.232-34, Payment by Electronic Funds Transfer—Other Than 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] Monthly In Arrears

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.

36C25618Q025

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489- 6135 Invoice must be submitted electronically

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

AMENDMENT

NO

DATE

36C25618Q025 http://www.fsc.va.gov/fsc/einvoice.asp http://www.fsc.va.gov/fsc/einvoice.asp

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE

(JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause.

To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES QUANTIT

Y

UNIT UNIT PRICE AMOUNT

0001 TESTING,

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period: Base

12.00 MO

POP Begin: 01 Mar

POP End: 28 FEB 2019

0002 TESTING,

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period:

Option 1 POP Begin:

01-MAR- 2019

POP End: 28 FEB 2020

12.00 MO

TESTING,

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR,

and CALIBRATION

Contract Period: Option 2 POP Begin: 01-

MAR- 2020

POP End: 28 FEB 2021

TESTING,

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period:

Option 3 POP Begin:

01-MAR- 2021 POP

End: 28 FEB 2022

12.00 MO

TESTING,

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period: Option 4 POP Begin: 01-MAR-

POP End: 28 FEB 2023

12.00 MO

GRAND TOTAL

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES QUANTIT

Y

UNIT UNIT PRICE AMOUNT

2001 TESTING,

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period: Base POP Begin: 01 Mar

POP End: 28 FEB 2019

2002 TESTING,

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period:

Option 1 POP Begin:

01-MAR- 2019

POP End: 28 FEB 2020

12.00 MO

TESTING,

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR,

and CALIBRATION

Contract Period: Option 2 POP Begin: 01-

MAR- 2020

POP End: 28 FEB 2021

TESTING,

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period:

Option 3 POP Begin:

01-MAR- 2021 POP

End: 28 FEB 2022

12.00 MO

TESTING,

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period: Option 4 POP Begin: 01-MAR-

POP End: 28 FEB 2023

12.00 MO

GRAND TOTAL

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES QUANTIT

Y

UNIT UNIT PRICE AMOUNT

3001 TESTING,

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period: Base POP Begin: 01 Mar

POP End: 28 FEB 2019

TESTING,

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period:

Option 1 POP Begin:

01-MAR- 2019

POP End: 28 FEB 2020

12.00

MO

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR,

and CALIBRATION

Contract Period: Option 2 POP Begin: 01-

MAR- 2020

POP End: 28 FEB 2021

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period:

Option 3 POP Begin:

01-MAR- 2021 POP

End: 28 FEB 2022

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period: Option 4 POP Begin: 01-MAR-

POP End: 28 FEB 2023

GRAND TOTAL

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNIT

UNIT PRICE

AMOUNT

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period: Base POP Begin: 01 Mar

POP End: 28 FEB 2019

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period:

Option 1 POP Begin:

01-MAR- 2019

POP End: 28 FEB 2020

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR,

and CALIBRATION

Contract Period: Option 2 POP Begin: 01-

MAR- 2020

POP End: 28 FEB 2021

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period:

Option 3 POP Begin:

01-MAR- 2021 POP

End: 28 FEB 2022

INSPECTION,

PREVENTATIVE

MAINTENANCE,

REPAIR, and

CALIBRATION

Contract Period: Option 4 POP Begin: 01-MAR-

POP End: 28 FEB 2023

GRAND TOTAL

SECTION C - CONTRACT CLAUSES

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

(JAN 2017)

(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 person to notify in event of defective invoice; and

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable ha 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 urnished 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 se 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) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.

Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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.

https://www.acquisition.gov/

(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.ht ml http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.237-3 CONTINUITY OF SERVICES JAN 1991

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the

36C25618Q025 http://www.acquisition.gov/far/index.html http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

For any option exercised under this clause, the evaluation of options will be accomplished by using the same rates as those in effect under the contract each time an option is exercised under this clause and will be added to the base and all option periods to arrive at the total price.

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; p that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(5) years.

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN- OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service- connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns.

Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

https://www.vip.vetbiz.gov/

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2012)

(a) Definitions. As used in this clause—

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

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the

Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR32.001.

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

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

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

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

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

The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

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

http://www.fsc.va.gov/einvoice.asp.)

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

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

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

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

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

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

(End of Clause)

C.10 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Tennessee. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

STATEMENT OF WORK

TESTING, INSPECTION, PREVENTATIVE MAINTENANCE, REPAIR, and CALIBRATION of FIRE ALA and FIRE SUPPRESSION SYSTEMS

1. General Requirements: Contractor shall furnish all labor, tools, replacement parts, and equipment to perform Quarterly, Semi-Annual, Annual Inspections, Tests, Calibrations, Preventative Maintenance, Repair, Panel and Network Programming, and Maintenance on ALL the Fire Alarm and Sprinkler Systems at the Michael E. DeBakey VA Medical Center (MEDVAMC) per the specifications listed below. All work shall be done and documented in accordance with the current National Fire Protection Association (NFPA) Standards and Code Requirements.

Government is looking for Contractor who can provide the following:

2. All Inspections shall be completed plus or minus 20 days for Semi-Annual Inspections and plus or minus 30 days for Annual Inspections from previous inspection completion dates.

Quarterly: all work shall be completed by the end of the third month of each quarter.

The Quarterly inspections shall be completed no later than December, March, June, and September respectively. See section 6 for Documentation for test and reporting requirements.

2.1 : Test and inspect fire protection equipment to include the following. Document all items.

2.1.1 Verify that all alarm devices are properly received at the alarm panels.

2.1.2 Verify that all trouble signals are properly received at the alarm panels.

2.1.3 Check that all fire alarm panels are not obstructed and show no signs of damage.

2.1.4 Check fire alarm panel batteries for proper operation and capacity. Perform visual inspection for corrosion or leakage. Check and ensure tightness of connections. Clean and coat battery terminals and connections.

2.2 : Test off-premises emergency services notification transmission equipment and document.

2.3 : Test Fire Alarm supervisory circuits including the fire pump supervisory signals; pump run, power off, and phase reversal. The test will include separately introducing a break in the line and a ground fault condition in each supervisory circuit. Documentation of all tests and results shall be submitted no later than two weeks after inspections.

2.4 : Test Low Air Pressure Alarms on ALL Dry Pipe Sprinkler Systems and document findings.

2.5 : Inspect all Fire Department Connections (FDC), valves, and Post Indicator Valves (PIV). Verify connections are visible and accessible, not damaged, caps or plugs are in place, identification sign is in place, and automatic drain is working properly. Document all findings as per Section 6.

3. Semi-Annually: All work shall be completed on the first and third quarterly inspections. See Section 6 for Documentation for Test and Inspection requirements.

3.1 Test all valve tamper switches and water flow devices.

3.2 Test all water storage tank high- and low- water alarms.

3.3 Inspect maintain all Kitchen and Hazardous Waste and Chemical Storage Automatic Fire

Extinguishing Systems per NFPA Standards and Codes.

3.4 Test Fire Alarm System batteries as follows:

3.4.1 Battery Replacement - replace batteries in accordance with the recommendations of the alarm equipment manufacturer or when recharged battery voltage or current (Amp Hour(AH) capacity) falls below the manufacturer’s recommendations.

3.4.2 Charger test – with the batteries fully charged and connected to the charger, place an ampere meter in series with the battery under charge. The charging current shall be in accordance with the manufacturers recommendations for the battery being used, in the absence of specific information, 1/30 – 1/25 of the battery rating shall be used.

3.4.3 Discharge test – with the battery charger disconnected, load test the batteries with a calibrated Voltage/AH meter and following the manufacture’s recommendations. The voltage level and AH rating shall not fall below the levels specified by battery manufacturer.

3.4.4 Load Voltage Test – with the battery charger disconnected, measure the terminal voltage with Battery Load Test Meter while supplying the maximum load required by application. Under load, the float voltage for the entire battery shall be 1.42 volts per cell, nominal. Cells shall be measured individually.

3.5 Test Elevator Recall Function for ALL elevators. Facility has a total of 45 elevator units including dumbwaiters.

4. Annually: All work shall be completed on the third quarter inspection.

Annual inspections shall be accomplished by inspecting one quarter of the devices. See Section 6 for Documentation for test and inspection reporting requirements

4.1 Test all duct detectors, electro-mechanical releasing devices, electronic magnetic locks, heat detectors, manual pull stations, and smoke detectors.

4.2 Conduct biennial (two year) sensitivity testing of all building smoke alarms.

4.3 Test occupant alarm notification devices, including all audible devices, speakers, strobe lights, and speaker/strobe combinations.

4.4 Test ALL Automatic Smoke Detection shut-down devices for Air Handling Unit

(AHU) equipment.

4.5 Inspect and test fire and smoke door assemblies and document all test results.

Each Test shall be performed as follows:

4.5.1 Conduct a visual inspection from both side of the door assemblies to identify any damaged of missing parts that can create a hazard during testing or affect operation or resetting.

The following items shall be verified:

4.5.1.1 No open holes or breaks exist in surfaces of either the door or frame.

4.5.1.2 Glazing, vision light frames, and glazing beads are intact and securely fastened in place, if so equipped.

4.5.1.3 The door, frame, hinges, hardware, and non-combustible threshold are secured aligned, and in working order with no visible signs of damage.

4.5.1.4 No parts are missing or broken.

4.5.1.5 Door Clearances do not exceed allowed clearances.

4.5.1.6 The self-closing devices are operational; and the active door closes when operated from the full open position.

4.5.1.7 If a coordinator is installed, the inactive leaf closes before the active leaf.

4.5.1.8 Latching hardware operates and secures the door when in the closed position

4.5.1.9 Auxiliary hardware items that interfere or prohibit operation are not installed on the door or frame.

4.5.1.10 No field modifications to the door assembly have been performed that void the label

4.5.1.11 Gaskets and edge seals, are inspected to verify their presence and integrity

4.5.12 Conduct an operational test to verify that the assembly will close under fire conditions and reset the assembly. Send alarm signal to ensure doors close properly with proper clearances and latching.

4.6 Test all emergency exit doors and Electronic Mag Locks to ensure Locks release on Fire Alarm and Emergency Egress condition. Any issues with emergency exit doors will be reported immediately to the COR.

4.7 Test FM 200 Gas Systems for proper operation.

4.8 Conduct Main Drain test at all system Risers. Record the static water supply water pressure as indicated on the lower pressure gauge. Open the Main Drain and allow water flow to stabilize. Record the residual water supply pressure while water is flowing from the main drain as indicated on the lower pressure gauge. Close the main drain (slowly).

4.9 Test fire pump under flow per NFPA 25, Chapter 8. Provide results in tabular and graphical forms and compare collected fire pump test information to manufacture’s specifications. Recommend corrective actions for any deviations greater than 5%.

4.10 Test Elevator Recall functions on ALL elevators on the MEDVAMC Campus.

4.11 Fire Hydrants – Maintain and test all fire hydrants. Lubricate operating nut, lubricate packing, lubricate thrust collar, and operate the fire hydrant with water discharging for not less than one minute to verify adequate pressure and capacity.

4.12 Sprinklers - Inspect all sprinklers. Visually inspect sprinkler, sprinkler piping, pipe, hangers and seismic braces to make sure they are in good condition. Verify supply of spare sprinklers.

4.13 Dry Pipe Systems - Inspect and test dry pipe systems. Trip test the dry pipe valve.

Record the time from opening the inspector’s test valve until the dry pipe valve trips.

Internally inspect dry pipe valve. Test air pressure maintenance device.

4.14 Pre-action Systems - Inspect and test preaction systems. Test fire detection system for proper operation. Trip test the preaction system. Internally inspect preaction valve. Test automatic air pressure maintenance device (if provided) at time of trip test.

4.15 Maintenance and Parts Rider – This contract shall include maintenance and parts rider per year to provide for emergency repairs of fire alarm and suppression systems deficiencies discovered during the execution of this contract.

5. All work shall be conducted by Contractor Personnel that are Honeywell Notifier Licensed and National Institute for Certification in Engineering (NICET) Level 2 qualified per NFPA, local Fire Codes, Texas Department of Licensing and Regulation (TDLR), and approved by the Authority Having Jurisdiction (AHJ).

6. Documentation:

6.1 ALL inspections shall be documented and be available in hard and electronic copies. All inspection and testing reports should be available to the CO and the COR within two weeks from the final date of the quarterly tests and inspections.

6.2 ALL Installation, Inspection, Deficiency, and Repair Tags shall be installed on systems.

6.3 All reports shall include device lists, testing results, recommended repair procedures, ALL testing procedures, and locations of all devices and equipment and date testing was completed.

6.4 Quarterly: ALL Inspections shall be completed by the 3rd month of each Quarter. e.g. 1st quarter ends on March 31; 2nd Quarter ends on June 30; 3rd Quarter ends on September 30;

and 4th Quarter ends on December 31.

6.5 Semi-Annual Inspections shall to be completed in the 1st and 3rd Quarters.

6.6 Annual Inspections shall be completed in the 2nd Quarter.

6.7 FA Device Inventory – Honeywell Notifier eVance scanning and reporting, use scanner and reporting system after testing each device for inventory and Honeywell Notifier software eVANCE report generation and recommended repair or corrections.

6.8 Inspection Tags, Installation Tags, Calculation Plates, Inspection Reports, Fire Pump Tabular and Graphical dynamic test reports, JACHO Report Format (when required), ALL Alarms and Trouble Alarms when conducting testing shall be recorded and documented.

6.9 Inspector Credentials: Honeywell Notifier Certified/Trained Technicians, NICET Level 2 Certified, TDLR license numbers for All inspectors and technicians with current documentation shall be made available to the Contracting Officer (CO).

7. Infection Control Risk Assessment (ICRA) permits shall be obtained from the MEDVAMC Safety Department and provisions adhered to before working in ALL areas of the MEDVAMC Campus.

8. FA AHU Shutdown Inspection shall be verified that ALL associated AHUs shut down when Duct Detectors are tripped.

9. FA System Mode Offline/Test Zones shall be coordinated with MEDVAMC Energy Control Center (ECC) and notify MEDVAMC PD of ALL testing and Alarms unrelated with Fire Alarm and FA Sprinkler Testing.

10. FA System Trouble…