36C25620Q0061-001.docx

36C25620Q0061

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

36C25620Q0061

KEVIN POLLARD

405-456-1896 11-15-2019 Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703 X X 238220 $15 Million N/A X Department of Veterans Affairs Veterans Healthcare System of the Ozarks Purchasing & Contracting (90C) 1100 N. College Ave.

Fayetteville AR 72703 Department of Veterans Affairs Veterans Healthcare System of the Ozarks Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-8972 See CONTINUATION Page Contractor Shall provide all necessary Labor, Material Equipment, Supplies, and Supervision for the HVAC Preventive Maintenance and Repair the VHSO, Fayetteville, AR 72703 This is a Base year, plus four, (1) year option Contract $0.00 See CONTINUATION Page X Kevin Pollard Table of Contents

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 individual(s):

a. CONTRACTOR: ___________________________________ ___________________________________ ___________________________________ Contact Person: _____________________ Telephone #: _______________________ Fax #: ____________________________ e-Mail Address: ____________________ Tax Identification Number: ____________ GSA Number: _______________________ DUNS Number: _____________________

b. GOVERNMENT: Kevin Pollard (00256/90C) Department of Veterans Affairs, Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville, Arkansas 72703

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

3. INVOICES: Invoices shall be submitted 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.

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

36C25620Q0061 See attached document: PM PRICE COST SCHEDULE 10-23.

Page 1 of Page 1 of Statement of Work (SOW)

Heating, Ventilation, Air Conditioning, and Refrigeration (HVAC/R) Preventive Maintenance (PM) Contract Veterans Health Care System of the Ozarks (VHSO) Fayetteville, Arkansas

The Contractor must furnish all management, supervision, labor, material, equipment, tools, supplies, parts, and related services, in accordance with the SOW and drawing(s) required for the service of HVAC/R systems and equipment (scheduled and unscheduled), to include but not be limited to, PM, repairs, emergency service, training, and telephone support for the VHSO HVAC/R systems and equipment.

I. General A. Any provision or partial provision of the Contract drawing(s), documents or requirements that is not consistent with this SOW and drawing(s) is null and void only to the extent of the inconsistency. All other provisions or partial provisions of the Contract drawing(s), documents, or requirements must remain in full force and effect.

B. Information Technology (IT) security requirements Certification and Accreditation (authorization) (C&A) of the Contractor system: The C & A requirements do not apply, and a Security Accreditation Package is not required.

C. Safety must be the Contractor’s highest priority.

D. VHSO facility must continue to operate during the period of performance of this contract to include, but not limited to, the mechanical and electrical systems.

E. Contractor’s work must be conducted in a manner and at times which would present the least amount of disruption to the VHSO facility.

F. Prior to the start of Contract site activities, the Contractor and Contracting Officer’s Representative (COR) must conduct a site survey to identify and review specific work and differing site conditions.

G. VHSO utilities and work areas may not be immediately available and the Contractor must be flexible in the PM schedule at no additional cost to VHSO.

I. Materials, equipment, tools, supplies, and parts must not be left unattended within the work area. When working in common areas, there must be a minimum of 2 individuals in proximity of the jobsite to ensure that materials, equipment, tools, supplies, and parts are not accessible to patients or others.

II. Scope of Work The Contractor must furnish all management, supervision, labor, material, equipment, tools, supplies, parts, and related services in accordance with the Contract including, but not limited to, the SOW, drawing, and applicable Federal, State, and Local laws, codes, regulations, and ordinances as follows:

A. Maintain HVAC/R systems and equipment to operate in accordance with the Original Equipment Manufacturer (OEM) design.

B. Qualified service technician(s) must be trained and certified on the systems and equipment and furnish documentation to the COR no later than ten (10) calendar days after date of award of contract.

C. Test equipment used for this contract must have current calibration dates verifiable with documents traceable back to the US Bureau of Standards prior to starting work.

D. In accordance with Lock Out-Tag Out (LOTO) procedures and OSHA requirements.

E. PM services to HVAC/R equipment listed herein, unscheduled and emergency service and repairs to any HVAC/R system or equipment including, but not limited to, OEM safety, maintenance, operation, and installation instructions.

F. PMs must be scheduled with and approved in writing by the COR no less than ten (10) calendar days before scheduled onsite arrival and must be completed within the scheduled month.

G. During PM, defective parts and equipment must be repaired/replaced.

H. Minimize HVAC/R systems and equipment downtime.

I. Where a HVAC/R system consists of multiple units such as chillers or cooling towers, only one unit may be out of service at any given time.

J. Unscheduled/Emergency Service/Repairs/Replacements: The Contractor must furnish qualified service technician(s) on-site (24/7/365) no later than 2-hours after notification. The Contractor must have the service issue(s) corrected or a plan in place within four (4) hours of arrival at job site. Any temporary repairs must be approved by the COR or COR designated representative.

K. Qualified service technician(s) telephone support (24/7/365) no later than two (2) hours after notification.

L. Priority parts delivery including overnight shipping of parts for repairs.

M. An electronic service ticket for each visit for each separate system and/or equipment. The electronic service ticket must be electronically transmitted to the COR the same day of the actual work being completed. The Contractor must furnish the following information on each service ticket:

1. Name of Qualified Service Technician.

2. Name of VA Representative Contacted for Visit.

3. Date, Time, and Duration of Visit.

4. Summary of visit.

5. Resolution of Issue (Y/N).

6. Planned Follow-Up (if applicable).

7. Any applicable recommendations.

N. Centrifugal Water-Cooled Chillers

1. Quarterly PM

a) Prior to PM the Contractor must measure/read/calculate and record the status of the existing conditions and existing control set points as follows:

(1) Entering and leaving chilled water temperatures.

(2) Evaporator approach (the difference between evaporating temperature measured at the well in the evaporator and the leaving chilled water temperature).

(3) Entering and leaving condenser water temperatures.

(4) Condenser approach (the difference between the liquid refrigerant temperature measured on the liquid line and leaving condenser water temperature).

(5) Operation of compressor motor measure and record amperage and voltage on each leg and lubricate as required.

(6) Condenser and evaporator pressures.

(7) Oil pressure, oil level, and oil temperature.

(8) Operation of oil pump motor measure and record amperage and voltage on each leg and lubricate as required.

(9) Purge pump out time and any faults.

(10) Settings and parameters in chiller control panel for existing settings.

b) PM in accordance with OEM’s recommendations.

(1) Inspect conductors, connections, and sensors. Replace defective conductors with new conductors, tighten connections, and replace defective sensors in accordance OEM specifications.

c) Post PM repeat N.1.a) items (1) through (10).

(1) Discuss operating conditions with COR or COR designated representative.

2. Annual PM

a) Prior to PM the Contractor must measure/read/calculate and record the status of the existing conditions and existing control set points as follows:

(1) Repeat N.1.a) items (1) through (10).

(2) Compressor starter operation.

(3) Safety controls for proper operation and record any discrepancies.

(4) High pressure safety cut-in and cut-out settings.

(5) Freeze stat operation record trip point.

(6) High motor temperature switch operation.

(7) Operating controls for operation.

(8) Temperature and pressure transducers.

(9) Load limit relay amperage at all settings.

(10) Vane actuator system operation.

(11) External interlock(s) operation.

(12) Readings on Megger.

(13) Ohm readings for oil heater in accordance with OEM specifications.

(14) Settings of oil pump heater thermostat and oil temperatures.

(15) Oil level in sump.

(16) Flow rates through chiller barrel and pressure differentials across evaporator and condenser (calculate lift).

(17) Purge operation run time and pump out time.

b) PM in accordance with OEM’s recommendations including, but not limited to, the following:

(1) Calibration of temperature and pressure transducers, document deficiencies, make and record adjustments if possible; otherwise recommend replacement if necessary.

(2) Motor starter contacts for pitting and signs of overheating and record deficiencies.

(3) Oil pump starter contacts for pitting or wear and record deficiencies.

(4) Oil level in sump and correct deficiencies.

(5) Remove and properly dispose of the existing oil filter, install new oil filter, and record the Month/Day/Year changed on the filter with indelible ink.

(6) Collect refrigerant oil sample. Have oil sample analyzed by independent lab and submit lab report to COR.

(7) Remove condenser heads, brush tubes and record deficiencies.

(8) Replace filters on purge unit as applicable and record the Month/Day/Year changed on the filter with indelible ink.

(9) Inspect and record condition of purge condenser and clean in accordance with OEM’s recommendations.

c) Post PM repeat N.2.a) items (1) through (17).

(1) Discuss operating conditions with COR or COR designated representative.

O. Cooling Towers

1. Quarterly PM

a) Prior to PM the Contractor must measure/read and record the status of the existing conditions and existing control set points as follows:

(1) Basin feed water system.

(2) Water level in sump.

(3) Tower fans motor voltage(s), speeds, and amperage(s).

(4) Inlet and outlet water temperature.

(5) Basin heater voltage and amperage.

b) PM in accordance with OEM’s recommendations including, but not limited to, the following:

(1) Adjust tower fans for proper operation.

(2) Lubricate motor and fan bearings.

(3) Adjust fan controls for proper operation.

(4) Replace gearbox oil as required.

c) Post PM repeat O.1.a) items (1) through (5).

(1) Discuss operating conditions with COR or COR designated representative.

2. Annual PM

a) Prior to PM the Contractor must measure/read/calculate and record the status of the existing conditions and existing control set points as follows:

(1) Repeat O.1.a) items (1) through (5).

b) PM in accordance with OEM’s recommendations including, but not limited to, the following:

(1) Clean sump.

(2) Clean upper water boxes and remove debris from nozzles.

(3) Refill cooling tower.

(4) Verify and adjust freeze protection controls for proper operation.

(5) Verify sump heaters and heat tapes for proper operation, measure and record amperage, and voltage on each leg.

c) Post PM repeat O.1.a) Items (1) through (5).

(1) Discuss operating conditions with COR or COR designated representative.

P. Air-Cooled Chillers

1. Quarterly PM

a) Prior to PM the Contractor must measure/read/calculate and record the status of the existing conditions and existing control set points as follows:

(1) Retrieve and submit running log operating history.

(2) Operating voltage(s) and amperage(s).

(3) Refrigerant operating pressures, temperatures, subcooling and superheat.

(4) Chilled water inlet and outlet temperatures and pressures.

(5) Condenser fans voltage(s) and amperage(s).

(6) Case heater voltage(s) and amperage(s).

(7) Safety interlocks and controls.

(8) Set points.

b) PM in accordance with OEM’s recommendations including, but not limited to, the following:

(1) Inspect conductors, connections, and sensors. Replace defective conductors with new conductors, tighten connections, and replace defective sensors.

(2) Adjust refrigerant and oil levels.

c) Post PM repeat P.1.a) items (1) through (8).

(1) Discuss operating conditions with COR or COR designated representative.

2. Annual PM

a) Prior to PM the Contractor must measure/read/calculate and record the status of the existing conditions and existing control set points:

(1) Repeat P.1.a) items (1) through (8).

(2) Compressor voltage(s) and amperage(s).

(3) Condenser fans voltage(s) and amperage(s).

(4) Refrigerant temperatures and pressures.

(5) Chilled water inlet and outlet temperatures and pressures.

b) PM in accordance with OEM’s recommendations.

(1) Inspect wire and connections and replace/tighten in accordance OEM specifications.

c) Post PM repeat Q.2.a) items (1) through (8).

(1) Discuss operating conditions with COR or COR designated representative.

Q. Computer Room Air-Conditioning Units (CRACs)

1. Quarterly PM

a) Prior to PM the Contractor must measure/read/calculate and record the status of the existing conditions and existing control set points:

(1) Room temperature and humidity setpoints.

(2) Actual room temperature and humidity.

(3) Refrigerant operating pressures, temperatures, subcooling and superheat.

(4) Temperature differential across evaporator coil.

(5) Blower fan motor(s) voltage(s) and amperage(s).

(6) Condenser fan motor(s) voltage(s) and amperage(s).

(7) Compressor(s) voltage(s) and amperage(s).

(8) Case heater(s) voltage(s) and amperage(s).

(9) Existing run times for each unit.

(10) Previous 90 calendar day history of equipment alarms.

b) PM in accordance with OEM’s recommendations.

c) Post PM repeat Q.1.a) items (1) through (10).

(1) Discuss operating conditions with COR or COR designated representative.

2. Annual PM

a) Prior to PM the Contractor must measure/read/calculate and record the status of the existing conditions and existing control set points:

(1) Repeat items Q.1.a) items (1) through (10).

b) PM in accordance with OEM recommendations including, but not limited to, the following:

(1) Inspect and clear condensate drain line and evaporator drain pan.

(2) Inspect, verify and report proper operation of evaporator drain pan overflow switch and repair/replace as required.

(3) Inspect and clean condenser coil(s) coils and report status to COR.

(4) Remove and properly dispose of existing air filter(s), install new air filter(s), and record the Month/Day/Year changed on the new air filter(s) with indelible ink.

(5) Inspect sheave(s) for wear and proper alignment. Replace worn sheave(s) with new sheave(s).

(6) Inspect belt(s) for wear, proper alignment, and proper tension. Replace worn belt(s) with new belt(s) (matched set). Adjust belt(s) alignment and tension in accordance with OEM recommendations.

(7) Inspect contactors for pitting and wear. Replace pitted or worn contactors with new contactors.

(8) Inspect conductors, connections, and sensors. Replace defective conductors with new conductors, tighten connections, and replace defective sensors in accordance OEM specifications.

(9) Inspect and adjust all safety devices set points.

(10) Inspect and clean condenser coil(s) with bio-degradable chemical cleaning agent in accordance with OEM recommendations and report status.

(11) Inspect and clean evaporator coil(s) and straighten fins as required.

(12) Verify proper operation of reheat.

(13) Verify humidifier for proper operation and furnish PM in accordance with OEM recommendations.

c) Post PM repeat Q.1.a) items (1) through (9).

(1) Discuss operating conditions with COR or COR designated representative.

III. Drawings A. See the following attachment for site plan and equipment location.

1. Drawing Number Drawing Title Sheet Number

a) MS101 Mechanical Site Plan Sheet 1 of 10

b) ME101 Equipment Location Plan Sheet 2 of 10

c) ME102 Equipment Location Plan Sheet 3 of 10

d) ME103 Equipment Location Plan Sheet 4 of 10

e) ME104 Equipment Location Plan Sheet 5 of 10

f) ME105 Equipment Location Plan Sheet 6 of 10

g) ME106 Equipment Location Plan Sheet 7 of 10

h) ME107 Equipment Location Plan Sheet 8 of 10

i) ME108 Equipment Location Plan Sheet 9 of 10

j) ME109 Equipment Location Plan Sheet 10 of 10 IV. Scheduled Equipment:

V. UNSCHEDULED/EMERGENCY SERVICE/REPAIRS/REPLACEMENTS

A. HVAC/R systems and/or equipment including, but not limited to, unscheduled/emergency services/repairs/replacements must be:

1. In accordance with this SOW.

2. Negotiated in accordance with VAAR 852.236-88, CONTRACT CHANGES—SUPPLEMENT (JUL 2002) VA FORM 08-3385a “Profit, Overhead, and Fee Calculation in accordance with VAAR 852.236-88 (JUL 2002)” and VA FORM 08-3385b “Profit, Overhead, and Fee Calculation in accordance with VAAR 852.236-88 (JUL 2002)”.

B. The Contractor must furnish the COR with an itemized repair estimate, to include the cost for parts and the estimated number of hours for labor in accordance with VI.A. 2.

C. All unscheduled repairs must have the written approval of the Contracting Officer (CO) prior to commencement of those repairs.

VI. BILLING RATES

A. PM must be billed monthly in accordance with Line Item 0001 through 0009 of the PRICE/COST SCHEDULES.

B. Unscheduled/emergency services/repairs/replacements be negotiated in accordance with VAAR 852.236-88, Contract Changes – Supplement (JUL 2002) VA FORM 08-3385a “Profit, Overhead, and Fee Calculation in accordance with VAAR 852.236-88 (JUL 2002)” and VA FORM 08-3385b “Profit, Overhead, and Fee Calculation in accordance with VAAR 852.236-88 (JUL 2002)”. Unscheduled/Emergency Services/Repairs/Replacements must be invoiced as follows:

1. Trip charge for initial diagnostics must include the first hour of labor - Regular Business Hours (M-F) - $______

2. Trip charge for initial diagnostics must include the first hour of labor – After Regular Business Hours (M-F) - $______

3. Trip charge for initial diagnostics must include the first hour of labor – Saturday - $______

4. Trip charge for initial diagnostics must include the first hour of labor – Sunday and Holidays - $______

5. Labor, in addition to the Trip Charge, and other cost must be in accordance with VI. B.

6. The Contractor must furnish a copy of the original invoice for all parts associated with unscheduled /emergency services/repairs/replacements, including but not limited to, using VA FORMS 08-3385a and 08-3385b.

VII. Contractor Access and Activities A. Contractor must comply with the VHSO security management program.

B. Contractor must not enter the work site without VHSO issued identity Badge. Contractor can be subject to inspection of personal effects when entering or leaving the project site and VHSO property. Contractor superintendent must escort Contractor employees to Engineering (Building 7-A) to obtain badge(s). The Contractor must maintain a log of Employee Names, Badge ID Numbers, Start Date(s), Departure Date(s), ID Lost Date(s), and ID Return Date(s). Updated Badge log must be given to the COR weekly or as directed by COR. Contractor’s superintendent must return all badges on day of departure of employee from contract to COR. Contractor’s superintendent must return all remaining badges at contract closeout to COR. Lost Badges must be reported immediately to the COR and documented on badge log. Contractor is responsible for a $100.00 fee for each lost or unreturned badge to VHSO.

C. Property Access Regular Business Hours: PM must be scheduled during normal business hours, 0800 to 1630 hours, Monday through Friday (excluding the following Federal holidays New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day).

D. Safety: Safety must be the Contractor’s highest priority. The Contractor must be in accordance with Federal, State, Local OSHA regulations, latest edition of NEC, latest edition of NFPA 70E, and 01 35 26 Safety Requirements specification. The Contractor must furnish and have in place Personal Protective Equipment (PPE) including, but not limited to, safety signage, cones, and barricades, to protect the safety of VHSO patients, employees, visitors, volunteers, tenants and others. Contractor must not be permitted to work without proper PPE and can be directed to leave job site. Contractor must furnish required safety items and wear required PPE. Work must be conducted in a manner and at times which would present the least amount of disruption to the VA healthcare facility.

E. Contractor must not leave or unattended out-of-service any utility, fire protection, or security system without written permission of the COR. If a utility, fire protection, or security system is not functioning at the end of a work period without written permission of the COR, then the Contractor must restore the system(s) to working order prior to leaving the jobsite or must furnish an around-the-clock watch until the system is functioning properly. If the Contractor fails to do so, the Contractor must reimburse the Government for any costs incurred by the VHSO to furnish around-the-clock watch and/or repair the system(s).

F. Vehicles and Construction equipment: Contractors’ keys to unattended vehicles and equipment must be removed and vehicles locked.

G. Unloading and Parking: No materials or equipment are permitted through the front entry. Use loading dock entrance – only for loading and unloading, do not leave vehicle(s) unattended. Contractor parking on VHSO property is limited to availability of designated Contractor parking. Contractor must have prior written approval of on-site Contractor parking from COR.

H. Elevators: Contractor must use COR designated elevators and must protect elevator cabs and controls during periods of use. Contractor must not exceed elevator weight limits. Designated elevator(s) and usage times are not to interfere with VHSO activities.

I. Radios and Mobile Devices: Contractor must use mobile devices at low volume or outside. Contractor must not carry on conversations in hallways or near any patient areas. AM/FM radios and other media producing devices must not be used in the VHSO buildings.

J. Noise: Contractor must coordinate and schedule noise making activities with the COR. For any noise making work activities, the Contractor must furnish a written request to the COR for COR approval a minimum of seven (7) business days prior to noise making activities. The COR will schedule and provide written authorization to proceed three (3) business days in advance of the proposed activity.

K. Dust Proofing and Cleaning: Contractor must cover furnishings and equipment with plastic or clean drop cloth. Contractor(s) must furnish HEPA vacuum cleaner(s), cleaning tools, and tacky mats at both sides of entrance of the work zone. Contractor must not use any broom(s).

L. Fire Alarm: Dust and smoke producing activities will activate the buildings fire alarm. Contractor planned work activities must include a risk evaluation to determine if the fire alarm system can be bypassed. Contractor must be responsible for fire watch in the areas where coverage is removed or disabled. Contractor must be responsible to coordinate with the COR and Electronic Technician for the removal and restoration of fire protection coverage. After hours supervision of the fire alarm panel is required at the Contactors expense. The Contractor must be responsible for completion and submission of a written Fire Alarm Bypass Request. The Contractors’ written request must be submitted for COR approval and if approved by COR, then the COR must furnish a written authorization to proceed three (3) business days in advance of any proposed work activity. If the fire alarm system requires any deactivation, it must be reactivated the same day before the Contractor leaves the jobsite to ensure that the fire alarm system is functioning properly. If the fire alarm system is not functioning properly, the Contractor must restore the fire alarm system to working order prior to leaving the site or must furnish an around-the-clock fire watch until the fire alarm system is functioning properly. The Contractor must be liable for any costs incurred by the VHSO to furnish the fire watch and/or to repair the fire alarm system.

M. Hot Work: Contractor must perform and safeguard hot work operations in accordance with NFPA 241 and NFPA 51B. Contractor must coordinate with the COR. Contractor must obtain Hot Work Permits (HWP) from COR at least forty-eight (48) hours in advance for any work or operation involving open flame or producing heat or sparks, burning, welding, or a similar operation that is capable of initiating fires or explosions. This work includes, but is not limited to, processes such as arc welding, oxygen-fuel gas welding, open-flame soldering, brazing, thermal spraying, oxygen cutting, arc cutting, chipping, grinding, heat treating, sand blasting, torch-applied roofing, and chemical welding.

N. Energized Circuit Work: Contractor must coordinate with the COR. Contractor must obtain Energized Circuit Work Permit (ECWP) from COR at least seven (7) work days in advance when an electrical shut down is required. Contractor must perform, maintain, and safeguard the integrity of the VHSO electrical systems and must follow procedures around energized equipment in accordance with NFPA 70E standards including proper PPE. VHSO electrician or electrical engineer must monitor work. Contractor must use safety equipment to include, but not be limited to, 12 calorie arc flash suits with hoods and 5KV gloves. No exits will be blocked. Personnel without proper PPE will be prohibited within the working area around live electrical panels with the cover removed.

O. Disposal: The Contractor must submit a written request(s) for disposal of any government owned materials, equipment, or property in advance to the COR for COR written approval. Contractor must remove and properly dispose construction debris, materials, equipment, and substances from VHSO property daily into the Contractor supplied containers. Construction debris created from the contract must not be disposed of at the job site, in VHSO dumpsters, or on VHSO property. Disposal of construction debris, materials, equipment, and substances from the contract must be in accordance with applicable Federal, State, Local and environmental laws, rules or regulations. The Contractor must ensure and furnish appropriate documentation to the CO that all hazardous waste handlers, haulers, and disposal facilities are properly licensed. The Contractor must furnish shipping manifest and documentation of proper disposal of any construction debris, materials, equipment, and substances from the contract work prior to final payment. Contractor must return the work site to the condition in which it was found at the Contractor’s expense.

P. Fumes: The Contractor must schedule fume producing work activities including, but not limited to, painting, chemical treatment, cleaning products or heat produced fumes after regular business hours and request written approval by the COR prior to the work activity. Contractor must be responsible for ventilation necessary to exhaust and prevent fumes from entering adjoining areas, outside air intake ductwork, and re-entering the VHSO healthcare facilities, at no additional expense to the Government.

Q. Training: The Contractor must furnish training for users of installed system(s). Training must include an agenda and instruction manual in electronic form. Contractor must furnish user and administrator training to VHSO Engineering personnel, with four (4) hours of on-site training each month. Coordination and scheduling with the COR for the training must be determined after contract award. Training must cover the following topics: “Hands-on” must include demonstrations of maintenance on the HVAC/R systems and equipment included in the contract.

R. Warranty: Contractor must guarantee workmanship for a period of one (1) year after COR written acceptance of work. Contractor must furnish a minimum 1-year parts and labor warranty on materials, equipment, parts and components, furnished and any manufacturer’s warranty greater than one (1) year.

S. Photography: Contractor must not photograph any patients, personnel, visitors, and others on VHSO property. Contractor must be escorted by VHSO personnel to take jobsite related photos and be coordinated by COR.

T. Other requirements:

1. Anything remaining in place that is damaged or defaced by the Contractor must be restored by the Contractor to the existing condition, at no additional expense to the Government.

2. The Contractor must furnish adequate protection to VHSO property and personnel prior to work activities. Contractor moved items must be put back by the Contractor to original locations and conditions as work is completed, at no additional expense to the Government.

3. No unauthorized work to be initiated without the prior written approval of the CO.

4. Work required for the project must be in accordance with the best practices and in accordance with the intent of the SOW, drawings, and specifications.

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

HVAC, Refrigeration Maintenance and Repair for Fayetteville, AR Contract Period: Base POP Begin: 12-01-2019 POP End: 11-30-2020

HVAC, Refrigeration Maintenance and Repair for Fayetteville, AR Contract Period: Option 1 POP Begin: 12-01-2020 POP End: 11-30-2021

HVAC, Refrigeration Maintenance and Repair for Fayetteville, AR Contract Period: Option 2 POP Begin: 12-01-2021 POP End: 11-30-2022

HVAC, Refrigeration Maintenance and Repair for Fayetteville, AR Contract Period: Option 3 POP Begin: 12-01-2022 POP End: 11-30-2023

HVAC, Refrigeration Maintenance and Repair for Fayetteville, AR Contract Period: Option 4 POP Begin: 12-01-2023 POP End: 11-30-2024

B.2 DELIVERY SCHEDULE

1.00

1.00

1.00

1.00

1.00

36C25620Q0061.docx Page 18 of 76

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 person to notify in event of defective invoice; and

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 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…