36C25620Q0409-001.pdf

36C25620Q0409

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

STATEMENT OF WORK………………………………………………………………………………………………..………...4

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE

(JUL 2018)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

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

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

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

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC

2019)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: To Be Determined

b. GOVERNMENT:

Contracting Officer 36C256 Department of Veterans Affairs Southeast Louisiana Veterans HCS 1515 Poydras Street New Orleans LA 70112

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon service completion

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

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714 9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2.00 JB __________________ __________________

Preventative Maintenance (Quarterly)

Contract Period: Base POP Begin: 05-01-2020 POP End: 04-30-2021

12.00 MO __________________ __________________

Corrective Maintenance (on call, site repair)

Contract Period: Base

1.00 EA __________________ __________________

Parts Rider

1.00 JB __________________ __________________

Training

Contract Period: Base

Onsite for Semi Annual Visits (Quarterly PM to be completed in conjunction with this) Contract Period: Base

Onsite for Annual Visits (Quarterly PM o be completed in conjunction with this) Contract Period: Base

Preventative Maintenance

Contract Period: Option 1 POP Begin: 05-01-2021 POP End: 04-30-2022

Contract Period: Option 2

POP Begin: 05-01-2022 POP End: 04-30-2023

Contract Period: Option 3 POP Begin: 05-01-2023 POP End: 04-30-2024

Contract Period: Option 4 POP Begin: 05-01-2024 POP End: 04-30-2025

GRAND TOTAL __________________

STATEMTENT OF WORK

Southeast Louisiana Veterans Health Care System

Maintenance and Repair of Biological Safety Cabinets, Laboratory Fume Hoods, Backdraft Dissection Workstations, Downdraft Necropsy Workstations, and Animal Transfer Stations

March 11, 2020

1. DESCRIPTION OF SERVICES

1.1. Contractor shall provide a quarterly and on-call, as-needed, and emergency basis all labor, materials, tools, equipment, and incidentals necessary for preventative maintenance and repair of Biological Safety Cabinets, Laboratory Fume Hoods, Backdraft & Downdraft Workstations, and Animal Transfer Stations. All work shall be completed in such a way as to provide a safe environment for laboratory personnel.

Locations to be tested include: New Orleans VA Medical Center - 2400 Canal Street and two Baton Rouge Outpatient Clinics (North and South).

2. SCOPE

2.1. Contractor shall furnish service as specified below to ensure that the equipment functions in accordance with NCI Specification “General Purpose, Clean Air, Biological Safety Cabinet, revised August 19, 1975”, NIH specification NIH-03-11ZC dated Sept 17, 1974; National Sanitation Foundation-Class II, (Laminar Flow) Biohazard Cabinetry- Standard Number 49 [NSF 49]; Federal Standard No. 209E-April 24, 1973, “Clean Room And Work Station Requirements, Controlled Environment”; SAMA Standard LF10-1980 Laboratory Fume Hoods and USP 797,800. The contractor shall supply all tools, materials, supplies, personnel, training and travel needed in order to complete the intent of this performance work statement.

3. GENERAL REQUIREMENTS

3.1. Maintenance

3.1.1. . The Contractor shall provide quarterly preventative maintenance, monthly corrective maintenance, and inspection and emergency repairs on all systems listed within this SOW. Quarterly maintenance shall include testing utilized during the annual/semi-annual certification testing in addition to all minimum maintenance requirements. All personnel conducting maintenance must be CETA Certified.

3.1.1.1. BSC work spaces must be disassembled at least once a year in order to access and clean the tray.

3.1.2. . The contractor shall perform periodic maintenance on these systems each quarter. Because certification shall occur at intervals both semi-annually and annually, the contractor shall ensure that a representative is present during certification to complete all needed repairs immediately and in such a way as not to hinder the recertification process. The contractor shall provide all technician certifications and qualifications no more than five (5) days before the scheduled maintenance. These documents shall be provided to the VA third party certification company for their records. Technicians who do the work must have his/her certification’s on file at the VA before arrival. The technician preforming the work must also reflect on the maintenance report.

3.1.3. . All equipment covered under this contract shall be cleaned and maintained at a minimum of quarterly. This shall include but is not limited to:

3.1.3.1. Operating the wash down systems if present

3.1.3.2. Servicing plumbing and traps which may be contaminated with chemical residue from hood use

3.1.3.3. Interior and exterior cleaning of all hood equipment

3.1.3.4. Air balancing, which may include adjacent areas

3.1.3.5. Filters cleaning and changing, during Certification only

3.1.4. . All systems shall be retested after the completion of repairs.

3.1.5. . Cleaning of systems shall not warrant a retest or certification if cleaning does not affect or impact unit operation.

3.1.6. . The contractor shall provide all materials necessary to perform maintenance.

This shall include but is not limited to:

3.1.6.1. Ancillary materials

3.1.6.2. HEPA filters

3.1.6.2.1. Filters must be available and ready for use within four (4) calendar days of initial request. The vendor must take lead time into consideration.

3.1.6.3. Air balancing equipment

3.1.6.4. Cleaning supplies and tools

3.1.6.5. Protective Personal Equipment associated with maintenance

3.1.7. The contractor shall respond to a call for on-site repair and be at the job site within two (2) hours during regular working hours, Monday – Friday, 8:00 am – 4:00 pm. In very urgent cases, an immediate repair can be requested after 4:00 pm and on Saturdays, Sundays and Federal holidays. After repair, the Contractor shall submit a detailed work report to include all required materials and is to be at no-charge to the facility. If the malfunction is reported to the vendor not later than 4:00 pm, the failure elimination shall be started immediately on the same day.

3.1.8. The preventative maintenance services shall be performed the first two weeks before the due date and shall coincide with semi-annual and annual testing and certifications.

3.2. Systems to be maintained under this contract include (See Appendix C, verify in field):

3.2.1. . Biological Safety Cabinets

3.2.1.1. Make and Model Numbers:

3.2.1.1.1. Labconco: 10040, 12040, 1113, 30241, 30261, 30348, 71803,

3.2.1.2. Maintenance to be performed based on manufacturer’s

recommendations

3.2.2. . Backdraft & Downdraft Workstations

3.2.2.1. Make and Model Numbers:

3.2.2.1.1. Mortech: 1036

3.2.2.1.2. Thermo Fisher Scientific: Unknown (verify in field)

3.2.2.2. Maintenance to be performed based on manufacturer’s

recommendations

3.2.3. . Fume Hoods

3.2.3.1. Make and Model Numbers:

3.2.3.1.1. CaptiveAire: 3018 VHB

3.2.3.1.2. Kewaunee: H05, H07

3.2.3.1.3. NuAire: NU-S430-400

3.2.3.1.4. Greenheck: G0-4-S

3.2.3.1.5. Kees: Custom

3.2.3.2. Maintenance to be performed based on manufacturer’s

recommendations

3.2.4. . Animal Transfer Stations

3.2.4.1. Make and Model Numbers:

3.2.4.1.1. NuAire: NU-620-400, NU-607-400

3.2.4.2. Maintenance to be performed based on manufacturer’s

recommendations

3.2.5. . For a comprehensive equipment list, see Appendix C

3.3. Part Riders

3.3.1. . A parts rider of $85,000 shall be included in this contract. All single part purchases required to maintain these systems shall be covered under and up to the amount noted in this rider. The contractor shall provide an itemized quote for all parts associated with this use of this rider and is not permitted to proceed with any purchase under this rider without written approval received from the COR.

4. Period of Performance and Working Hours

4.1. The Contractor (or Representative) shall contact the HVAC Foreman 504-507-7001 to schedule work and prior to the beginning of work.

4.2. Services are to be performed during our business hours between 7:30 a.m. and 4:00 p.m. central time, excluding Federal holidays. Because of the workload of the pharmacy during business hours, the contractor may need to work after 4:00 p.m. to accommodate the compounding schedule at the pharmacy. Contractors that are willing to perform after-hours work should include this information in their bid documentation. If a contractor is willing to perform services after 4:00 p.m. this service must be included within the bid pricing as no extra charge will be allowed.

4.3. The contractor shall provide services for one (1) base year plus four (4) option years.

The period of performance will begin May 1, 2020 thru April 30, 2025.

5. DELIVERY

5.1. All reports are due within one (1) week of work conducted.

6. INSPECTION AND ACCEPTANCE:

6.1. The Contractor shall conduct a joint inspection with the COR upon delivery of tools.

6.2. Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s).

7. DELIVERABLES

7.1. After work is completed, the contractor is to submit in writing a complete report of services performed for each item of equipment and must include a listing of replacement parts, when applicable.

8. TRAINING

8.1. The contractor shall provide semi-annual training to VAMC staff on maintenance and repair techniques used during the contract period. Training shall last for no fewer than eight (8) hours. This training shall include field and classroom training. All training shall be specific to the equipment covered under this maintenance agreement.

9. WARRANTY:

9.1. The contractor shall provide all manufacturers’ warranty with products upon delivery.

Appendix A – CLIN Schedule

Brief Description of Service* Estimated Qty Unit

Base Year

0001 Preventative Maintenance (Quarterly) 2 job

Corrective Maintenance (on call, on site repair)

12 month

0003 Parts Rider 1 unit

0004 Training 1 job

Onsite for Semiannual Visits (Quarterly PM to be completed in conjunction with this)

1 job

Onsite for Annual Visits (Quarterly PM to be completed in conjunction with this)

1 job

Appendix B – Task Items

System Preventative Maintenance Frequency

Third Party Certification Frequency*

Pharmacy Quarterly Semi annually

Pathology and Lab Equipment Quarterly Annual

Dental Quarterly Annual

Research Quarterly Annual

Safety Quarterly Annual

Prosthetics Quarterly Annual

*The contractor shall be available for this inspection/certification to be completed by third party contractor

Appendix C – Equipment List

Building Equipment MX # Location red new # Area Served Make Model

SN

,02 Fume Hood UNK 1D136 Safety IH Labconco 100400042

141102844A

,02 Fume Hood 629 MX686454 4E122C Hematology Labconco 100400042 141102843

,02 Fume Hood 629 MX686461 4E122A Toxicology Labconco 100400042

141102845A

,02 Fume Hood 629 MX1767137 4E123 Sample

Processing Labconco 11130002

150204951A

,02 Biosafety Cabinet

(BSC)

629 MX1253783 4E138 Molecular Labconco 3034811001912

150104405A

,02 Biosafety Cabinet

(BSC)

629 MX695073 4F138 Microbology Labconco 30348100019121

,150104412

,02 Biosafety Cabinet

(BSC)

629 MX680712 4D121E IV Buffer Labconco 302615100

150104404 B

,02 Biosafety Cabinet

(BSC)

629 MX680711 4D121E IV Buffer Labconco 302615100

150104403 B

,02 Biosafety Cabinet

(BSC)

629 MX678342 4D121F Chemo Labconco 30348110019121

150104413 A

,02 Biosafety Cabinet

(BSC)

629 MX 678335

4D121F Chemo Labconco 30348110019121

150104429 A

,02 Biosafety Cabinet

(BSC)

629 MX686444 4E122C Chemistry Labconco 3034811001912

150104085 B

,02 Biosafety Cabinet

(BSC)

629 MX437869 4E138 Micro Labconco R6L3064A

150104412A

,02 Biosafety Cabinet

(BSC)

629 MX1253785 4F122 Molecular Labconco 30348

,150104406A

,02 Biosafety Cabinet

(BSC)

629 MX1253786 4F123 Micro Labconco 30368

150104434A

,02 Biosafety Cabinet

(BSC)

629 MX695075 4F123C Micro Labconco 30348

150104428A

,02 Biosafety Cabinet

(BSC)

629 MX695074 4F123 Micro Labconco 30348

150104420A

,02

Backdraft Dissection Workstatio n

UNK 4F133 Morgue Mortech

Manufacturing Inc

1036-232-MOD

07542

,02

Backdraft Dissection Workstatio n

UNK 4F133A Morgue Mortech

Manufacturing Inc

1036-232-MOD

07477

,02

Backdraft Dissection Workstatio n

UNK 4F133 Morgue Mortech

Manufacturing Inc

1036-232-MOD

07478

,02

Shandon Gross Star Pathology

Workstatio n

629 MX1265796 4F139 Cytology Thermo Fisher Scientific Inc

300141979

,02 Biosafety Cabinet

(BSC)

629 MX1253786 4F138 Microbology Labconco ,302615100

150104434

,02 Fume Hood 629 MX677936 2G221 Radiology Labconco 12040

160830028B

,03 Fume Hood 629 MX1062094 4J455A Dental Captiveaire 3018VHB

2838367

,08 Fume Hood 629 MX1920291 2P168A/2P152B Lab Kewaunee

Scientific Corp Supreme Air

H07-J305752-12

305752-200- 0029-1

,08 Fume Hood 629 MX1920292 2P168C/2P152E Lab Kewaunee

Scientific Corp Supreme Air

H07-J305752-12 305752-200- 0030-1

,08 Fume Hood UNK 3P153/3P171 Flammable

Storage

Kewaunee Scientific Corp Supreme Air

H05-J305752-11

,305752-205- 0020-1

,08 Fume Hood 629 MX1920286 3P158/3P162 Kewaunee

Scientific Corp Supreme Air

H07-J305752-12

,305752-295- 0026-1

,08 Fume Hood 629 MX1920278 3P188B/3P138B Kewaunee

Scientific Corp Supreme Air

H07-J305752-12

305752-205- 0022-1

,08 Fume Hood 629 MX1920277 4P173/4P321 Kewaunee

Scientific Corp Supreme Air

H05-J305752-14

305752-210- 0012-1

,08 Biosafety Cabinet

(BSC)

629 MX2026664 4P187/4P329 Labconco 302411100

150204801 B

,08 Fume Hood 629 MX1920295 2P150A/2P168B Lab Kewaunee

Scientific Corp Supreme Air

H07-J305752-12

305752-200- 0027-1

,08 Fume Hood 629 MX1920294 2P158B/2P162B Lab Kewaunee

Scientific Corp Supreme Air

H07-J305752-12

305752-200- 0031-1

,08 Biosafety Cabinet

(BSC)

629 MX1786122 2P163/2P157 TC Labconco 30241

150204785B

,08 Biosafety Cabinet

(BSC)

629 MX1786133 2P165/2P155 TC Labconco 30241

150204777B

,08 Fume Hood 629 MX1920293 2P167C/2P153B

Not found in

TAB

HPLC

Kewaunee

Scientific Corp Supreme Air

H07-J305752-11

305257-200- 0025-1

,08 Biosafety Cabinet

(BSC)

629 MX1786141 2P167D/2P153C TC Labconco 30241

150204781B

,08 Biosafety Cabinet

(BSC)

629 MX1786159 2P169/2P151 TC Labconco 30241

150204790B

,08 Fume Hood 629 MX1920290 2P174B/2P148B Lab Kewaunee

Scientific Corp Supreme Air

H07-J305752-12

305752-999- 0002-1

,08 Biosafety Cabinet

(BSC)

629 MX1786235 2P175/2P147 TC Labconco 30241

150204778B

,08 Biosafety Cabinet

(BSC)

629 MX1786234 2P177/2P145 TC Labconco 30241

150204784B

,08 Fume Hood 629 MX1920289 2P180B/2P142B Lab Kewaunee

Scientific Corp Supreme Air

H07-J305752-12

305752-999- 0001-1

,08 Biosafety Cabinet

(BSC)

629 MX1786232 2P181/2P141 TC Labconco 30241

150204783B

,08 Biosafety Cabinet

(BSC)

629 MX1786229 2P183B/2P135B TC Labconco 30241

150204787B

,08 Biosafety Cabinet

(BSC)

629 MX1786228 2P185/P139 TC Labconco 30241

150204782B

,08 Fume Hood 629 MX1920288 2P186B/2P138B Lab Kewaunee

Scientific Corp Supreme Air

H07-J305752-12 305752-200- 0026-1

,08 Fume Hood 629 MX1920287 3P150A/3P168B Kewaunee

Scientific Corp Supreme Air

H07-J305752-12

,305752-205- 0027-1

,08 Biosafety Cabinet

(BSC)

629 MX1788823 3P157/3P167 TC Labconco 30241

,150204792B

,08 Biosafety Cabinet

(BSC)

629 MX1788824 3P157/3P167 TC Labconco 30241

,150204791B

,08 Fume Hood 629 MX1920285 3P159/3P165 RAD Lab Kewaunee

Scientific Corp Supreme Air

H07-J305752-13 ,305752-205- 0029-1

,08 Biosafety Cabinet

(BSC)

629 MX1788828 3P167/3P157 TC Labconco 30241

,150204794B

,08 Biosafety Cabinet

(BSC)

629 MX1788797 3P169B/3P155B TC Labconco 302415100

150204793B

,08 Biosafety Cabinet

(BSC)

629 MX1788814 3P169C/3P155C TC Labconco 302415100

150204789B

,08 Fume Hood 629 MX1920282 3P170A/3P152B Kewaunee

Scientific Corp Supreme Air

H07-J305752-12 ,305752-200- 0032-1

,08 Fume Hood 629 MX1920283 3P170C/3P152E Kewaunee

Scientific Corp Supreme Air

H07-J305752-12 305752-205- 0025-1

,08 Biosafety Cabinet

(BSC)

629 MX1988830 3P171/3P153 TC Labconco 30241510021530

150204796B

,08 Fume Hood 629 MX2026661 3P173/3P151 Mass SP Kewaunee

Scientific Corp Supreme Air

H07-J305752-12 305752-205- 0021-1

,08 Fume Hood 629 MX1920281 3P176B/3P148B Kewaunee

Scientific Corp Supreme Air

H07-J305752-12 305752-205- 0024-1

,08 Biosafety Cabinet

(BSC)

629 MX1968105 3P177/3P147 Labconco 302415100

,150204799 B

,08 Biosafety Cabinet

(BSC)

629 MX1788820 3P179/3P145 TC Labconco 30241

150204779B

,08 Fume Hood 629 MX1920279 3P180B/3P142B Kewaunee

Scientific Corp Supreme Air

HJ07-J305752-12

305752-205- 0023-1

,08 Biosafety Cabinet

(BSC)

629 MX1792739 3P183/3P141 Labconco 302415100

150204776 B

,08 Biosafety Cabinet

(BSC)

629 MX1792804 3P185B/3P135B TC Labconco 30241

150204780 B

,08 Biosafety Cabinet

(BSC)

629 MX1792808 3P187/3P139 TC Labconco 30241500

150204798 B

,08

Downdraft Necropsy

Workstatio n w/ wall mounted

HEPA Filter

EF-17

UNK 4P159/4P307 Labs Mortech

Manufacturing Inc

1036-210

07999

,08 Animal

Transfer Station

629 MX1887916 4P160 Research NuAire NU-620-400

18606905191

,08 Animal

Transfer Station

629 MX1887917 4P162 Research NuAire NU-620-400

18607205191

,08 Biosafety Cabinet

(BSC)

629 MX2026666 4P163/4P313A Labconco 30241

150204797 B

,08 Animal

Transfer Station

629 MX1889157 4P166 Research NuAire NU-607-400

18607505191

,08 Animal

Transfer Station

629 MX1889158 4P166 Research NuAire NU-607-400

18607605191

,08 Animal

Transfer Station

629 MX1887923 4P169 Research NuAire NU-620-400

18607305191

,08 Animal

Transfer Station

629 MX1887919 4P169 Research NuAire NU-620-400

18606805191

,08 Biosafety Cabinet

(BSC)

UNK 4P173/4P321 Labconco 302411100

150204802 B

,08 Animal

Transfer Station

629 MX1887920 4P175 Research NuAire NU-620-400

18606505191

,08 Animal

Transfer Station

629 MX1887921 4P175 Research NuAire NU-620-400

18607005191

,08 Biosafety Cabinet

(BSC)

629 MX2026662

4P180A/4P320B ??? No Door

Label or number

Labconco 30241

,140204786 B

,08 Biosafety Cabinet

(BSC)

629 MX2026663 4P185/4P333 Labconco 302411100

150204803 B

,08 Fume Hood 629 MX1920276

4P185/4P333 Not sure which hood attached to which EV

Kewaunee

Scientific Corp Supreme Air

H07-J305752-14

W000711

,08 Fume Hood 629 MX1920275 4P187/4P329 Kewaunee

Scientific Corp Supreme Air

H07-J305752-14

W000709

,08 Biosafety Cabinet

(BSC)

629 MX2026665

4P188/4P322 Not sure which hood attached to which EV

Labconco 302411100

150204800 B

,08 Fume Hood 629 MX1920273 4P188/4P322 Kewaunee

Scientific Corp Supreme Air

H07-J305752-14

305752-210- 0009-1

,08 Animal

Transfer Station

629 MX1887925 4P189 Research NuAire NU-620-400

18606605191

,08 Animal

Transfer Station

629 MX1887918 4P189 Research NuAire NU-620-400

18607405194

,08 Animal

Transfer Station

629 MX1887924 4P190 Research NuAire NU-620-400

18606705191

,08 Animal

Transfer Station

629 MX1887922 4P190 Research NuAire NU-620-400

18607105191

BRN Fume Hood 401 Blood

Collection Lab NuAire NU-S430-400

89493030904

BRN Fume Hood 138 Dental Bio

Hazard Room KEES INC. Custom Fume Hood

W000699

BRN Fume Hood 143 Dental KEES INC. Custom Fume Hood

W000697

BRN Fume Hood 143 Dental KEES INC. Custom Fume Hood

W000698

BRS Fume Hood 52 Prosthetics Greenheck G0-4-S

01J02580

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 EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

(End of Clause)

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

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

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

C.2 52.217-9 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 ;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

C.3 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.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

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

(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 802.101, 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 part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); and https://vaww.aams.ecms.va.gov/AAMS_Production/DAV/cyvyyybjyd_24p0y/(https:/www.vip.vetbiz.va.gov)

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR

121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(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 eligible service-disabled veteran-owned small business concerns.

Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C.

8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(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 FAR 32.001; and

(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 at the current website address provided in the contract.

(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).

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), 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.

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FAR Number Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER

MAY 2011

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016

52.228-5 INSURANCE—WORK ON A GOVERNMENT…