36C25622Q0025_RFQ.pdf

A.1 DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the

AR 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 published in Federal Register on June 10, 2021.

This solicitation is set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB).

The associated North American Industrial Classification System (NAICS) code for this procurement is 811219, with a small business size standard of $22M.

The PSC is J065.

The contractor will not require access to and Security does not apply.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. All quotes shall be sent to the Point of Contact.

Point of Contact

Contract Specialist, Orelia Parker. Orelia.Parker@va.gov

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

Submission of your response shall be received not later than 02:00 EST, Monday, 20, 2021 at Orelia.Parker@va.gov. Hand delivery will not be accepted. Questions shall be submitted no later than 02:00 EST, Friday, 10, 2021.

To facilitate the award process, all quotes shall include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

A.2 Statement of Work

1. GENERAL INFORMATION

1.1. Contractor shall perform preventive maintenance on patient lift equipment identified in

Section 5, Patient Equipment located at the Michael E. DeBakey VA Medical Center

(MEDVAMC), 2002 Holcombe Blvd., Houston, Texas.

2. SCOPE OF WORK

2.1. Scheduled Maintenance: Contractor shall provide preventive maintenance (PM) for patient lift equipment identified in Section 5 of this PWS; in accordance with the latest

Original Equipment Manufacturer (OEM) standards, International Organization for

Standardization 10535 and Section 4, Conformance Standards. The Contractor shall provide to the COR an outline of the PM procedures and schedule.

2.2. General Requirements:

2.2.1.1. The Contractor shall submit with technical quote proof of an established business with an office and full-time staff. The staff includes a "fully qualified"

Field Service Engineer (FSE). The FSE shall lead each test. Contractor shall submit proof of at least one (1) person trained by the OEM specifications on the equipment to be tested with technical quote. Failure to provide FSE qualifications proof of at least one (1) person trained by the OEM specifications on the equipment to be tested with technical quote shall result a non-responsive technical quote.

2.2.1.2. The Contractor shall complete preventive maintenance by personnel who are approved by the Original Equipment Manufacturer (OEM-Guldmann); and be qualified to inspect each type of lift system: DH 2000, GH2, GH3, GH3+.

2.2.1.3. Contractor shall submit evidence of training with Technical quote to evaluated.

2.2.1.4. The Contractor shall be available during the preventive maintenance service to answer any questions or concerns the COR may have regarding the patient lift equipment being inspected.

2.2.1.5. Inspection of structure and function shall

requirements as described in the lift instructions, including moving parts, rollers, bearings, end stops, electrical connections, and clearances. Functional inspection shall include all normal functions of the lift.

2.2.1.6. and Preventive Maintenance

Checklist for Ceiling contract. The Contractor shall provide this form electronically to the COR (See

Section 2.3 Specific Standards).

2.2.1.7. The Contractor shall perform weight test with a full lifting cycle at maximum rated load capacity, with the weights attached appropriately to the hanger bar to test the entire system for each patient lift equipment.

2.2.1.8. The Contractor shall have common parts accessible and available to complete required work without clearing the same room multiple times.

2.2.1.9. The Contractor shall test for portable ceiling lift systems, each rail/trolley system and each lift system. The Contractor shall in succession hang the same lift on multiple rail/trolley systems.

2.2.1.10. The Contractor shall replace any items damaged by the Contractor, sub-

Contractor, their employees or equipment at no additional cost to the

Government.

2.2.1.11. The Contractor shall clean the service area after each completed service and keep area clean at all times. The Contractor shall not interrupt any utility service or fire alarm service during the process of performing the work for this job.

2.2.1.12. The Contractor shall not perform weight testing in patient rooms where the patient is present. The Contractor shall coordinate with Nursing staff and/or other VA service staff to ensure that empty rooms are available for work.

2.2.1.13. Contractor shall notify Contracting Officer Representative (COR) in advance of any operation that requires cutting of ceiling opening or any operation that creates dust. Any operation of this type shall be subject to

Infection Control Risk Assessment and shall not be performed under this contract or project.

2.2.1.14. Any part and/or service not covered by this contract shall not be installed and shall be reported to the COR immediately upon notice.

2.3. Specific Standards: The Contractor shall provide a legibly written description of

Preventive Maintenance Inspections (PMI) to the COR at the completion of the preventive maintenance (PM) and service. This legibly written description shall include an itemized list of the procedures performed, including electrical safety. PM services shall include, but need not be limited to, the following:

2.3.1.1. The Contractor shall clean equipment.

2.3.1.2. The Contractor shall review the system to ensure that the system is operating in accordance with Section 4, Conformance Standards, or the manufacturer's specifications.

2.3.1.3. The Contractor shall calibrate and lubricate the equipment if necessary.

2.3.1.4. The Contractor shall perform remedial maintenance of non-emergent nature.

2.3.1.5. The Contractor shall test and replace faulty and worn parts and/or parts likely to become faulty, fail or become worn.

2.3.1.6. The Contractor shall inspect and replace where indicated, electrical wiring and cables for wear and fraying.

2.3.1.7. The Contractor shall inspect and replace where indicated, all mechanical components which may include, but is not limited to: mounting hardware, cables and mounting hardware, chains, belts, bearings and tracks, interlocks, clutches, and motors for mechanical integrity, safety, and performance that are included within the preventive maintenance.

2.3.1.8. The Contractor shall return the equipment to the operating condition defined in Section 3, Conformance Standards.

2.3.1.9. The Contractor shall provide documentation of services performed.

2.4. The preventive maintenance schedule established herein shall be performed in accordance with, and during the hours defined in Section 7 -Hours of Coverage. All exceptions to the PM schedule shall be arranged and approved in advance with the

COR.

2.5. Any charges for parts, services, manuals, or tools required to satisfactorily complete the scheduled PM are included within this contract, and its agreed upon price, unless specifically stated in writing otherwise.

2.6. The Contractor shall complete all lift testing on a fiscal year basis. The Contractor shall establish schedule for planned maintenance with the COR.

2.7. Type of Contract: The Government anticipates an award for a Firm Fixed Price contract.

2.8. Period of Performance: August 15, 2021 August 14, 2022, with four (4) additional, one

(1) year option period to be exercised at the Government discretion.

2.9. Place of Performance: Michael E. DeBakey VA Medical Center, 2002 Holcombe Blvd., Bldg., 100, Houston, Texas 77030.

2.10. The Contractor shall submit contact information including name(s) of authorized contact person(s) for the Service Department and telephone number(s) with technical quote.

2.11. The Contractor preventive maintenance performed on each lift shall include at least a weight and function tests 638 Guldmann ceiling lift systems stated herein the

Performance Work Statement (PWS) at the Michael E. DeBakey VA Medical Center

(MEDVAMC) and in accordance with the International Organization for Standardization

10535 and manufacturer requirements.

2.12. Scheduled maintenance and service shall be arranged with the COR of the

MEDVAMC Biomedical Engineering Department no less than three days prior. The facility biomedical engineer shall serve as the COR for this project. Contractors shall not be supervised by VA employees and shall check-in with the designated person onsite at the beginning of each workday. The Contractor shall adhere to local policy in providing appropriate identification to on-site Contractors.

3. DEFINITIONS/ACRONYMS:

3.1. Biomedical Engineer(ing) - Supervisor or designee.

3.2. CO - Contracting Officer

3.3. COR - Contracting Officer's Representative

3.4. PM - Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions.

3.5. ISO Information Security Office (Officer)

3.6. FSE - Field Service Engineer. A person who is authorized by the Contractor to perform maintenance (corrective and/or preventive) services on the VAMC premises.

3.7. ESR - Contractor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

3.8. Acceptance Signature - VA employee who is authorized to sign-off on the ESR which indicates that the PM has been concluded or is still pending completion, or that the

Emergency Repair has been accomplished or is still in a pending status.

3.9. Authorization Signature - COR's signature; indicates COR accepts work status as stated in ESR.

3.10. NFPA - National Fire Protection Association.

3.11. CDRH - Center for Devices and Radiological Health.

3.12. VAMC - Department of Veterans Affairs Medical Center

3.13. VAH - Department of Veterans Affairs Hospital

4. CONFORMANCE STANDARDS: - The Contractor shall ensure that the equipment functions in conformance with the latest published edition of NFPA-99, UL, OSHA, VAMC, and CDRH.

5. PATIENT LIFT EQUIPMENT: The Contractor shall perform preventive maintenance (PM) for a total of 638 patient lift equipment (DH2000, GH2, GH2F, GH2 Twin, GH3 and GH3+) located at the MEDVAMC Houston, Texas.

6. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT:

6.1. "Fully Qualified" is based upon training and experience in the field as per this performance work statement (PWS). For training, the Contractor shall submit with the technical quote proof of FSE(s) past performance of satisfactorily completion of formalized training/program by the OEM specifications for the list of equipment in

Section 5 and in accordance with Section-3 Conformance Standard. Failure to submit proof with technical quote of FSE(s) past performance of satisfactorily completion of formalized training/program by the OEM specifications for the list of equipment in

Section 5 and in accordance with Section-3 Conformance Standard shall result a non-responsive technical quote.

6.2. Field experience, the FSE(s) shall

(exceptions: new equipment or recent market equipment) with respect to scheduled and preventive and remedial maintenance on patient lift equipment. Contractor shall submit with technical quote proof of evidence authorizing contractor personnel to perform inspection, maintenance (corrective and/or preventive) services for Guldmann DH2000, GH2, GH2F, GH2 Twin, GH3 and GH3+ systems, including wall mounts, ceiling mounts, hanger bars and B-Mobile body scoops. Failure to provide proof of evidence authorizing contractor personnel to perform inspection, maintenance services for

Guldmann DH2000, GH2, GH2F, GH2 Twin, GH3 and GH3+ systems, including wall mounts, ceiling mounts, hanger bars and B-Mobile body scoops shall result in a non-responsive technical quote.

6.3. All work shall be led by "Fully Qualified" and competent FSEs. The Contractor shall submit with technical quote training certificates and credentials/permits assuring competency for personnel assigned to work this project and list credentials of approved

FSEs for each make and model. Failure to provide proof of training certificates and credentials/permits assuring competency for personnel assigned to work this project and list credentials of approved FSEs for each make and model the Contractor have serviced at VAMC shall result in a non-responsive technical quote. The CO may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any VAMC equipment. The CO and/or COR specifically reserve the right to reject any of the

Contractor's personnel and refuse them permission to work on the VAMC equipment.

6.4. The Contractor shall submit subcontractor(s) used for this project with their technical quote. Failure to submit subcontractor(s) used for this project shall result in a non-responsive technical quote. The sub-Contractor shall be approved by the CO. The

Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

7. HOURS OF COVERAGE: Normal hours of coverage are Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding Federal holidays observed by the VAMC.

7.1. Federal Holidays observed by the VAMC are:

7.2. New Years' Day

7.3. Martin Luther King Day

7.4. Presidents' Day

7.5. Memorial Day

7.6. Juneteenth

7.7. Independence Day

7.8. Labor Day

7.9. Columbus Day

7.10. Veterans' Day

7.11. Thanksgiving Day

7.12. Christmas Day

7.13. The Federal Government shall also observe any day specifically declared by the

President of the United States or any other day declared by the President of the United

States to be a federal holiday.

7.14. All service and/or repairs shall be performed during normal hours of coverage unless requested or approved by COR or his/her designee. The Contractor shall schedule and perform hardware/software update/upgrade installations outside normal hours of coverage at no additional charge to the Government (NOTE: exceptions are defined as being detrimental to equipment up-time; and shall be determined by the

COR). The Contractor shallprovide software/hardware and upgrade/update. Preventive maintenance shall be performed yearly or to the Original Equipment Manufacturer

(OEM) standards; whichever is more frequent.

8. PARTS AND TRAVEL

8.1. Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or service for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No re-manufactures or gray market items will be acceptable.

8.2. The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies.

8.3. The Contractor shall furnish and replace parts in accordance with the manufacturer's specifications. The Contractor shall have readily available access to all parts, including unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment.

8.4. The Contractor shall use new original equipment manufacturer (OEM) parts. All parts shall be of current manufacturer and have complete versatility with the presently installed equipment. All parts shall perform identically to the OEM specifications. Rebuilt parts, used parts or those removed from other equipment, shall not be installed without specific approval by the CO or the COR.

8.5. For any part the Contractor shall be replace, it shall be replaced with certified OEM replacement parts.

8.6. Travel for preventive maintenance is covered within this contract shall be covered by the Contractor and shall not be reimbursed by the VA or any of its and/or their associates, employees or descendants under any conditions or circumstances.

9. SERVICE MANUALS/TOOLS/EQUIPMENT: The Government shall not provide

Government furnished equipment. For example, tools, (test) equipment, service manuals or service diagnostic software to the Contractor. The Contractor shall obtain, have on file, and make available to its Field Service Engineer (FSE) all operational and technical documentation (such as, operational and service manuals, schematics, and parts list) that are necessary to meet the performance requirements of this contract. A copy of the location and listing of service data manuals, by name and/or the manuals themselves shall be provided to the COR upon request.

10. TEST EQUIPMENT: Prior to commencement of work on this contract, the Contractor shall provide a copy of current calibration certification of all test equipment which is to be used by the Contractor on VAMC's equipment with technical quote. Thereafter, certification shall be provided on a periodic basis when requested by the VAMC. Test equipment calibration shall be traceable to a national standard.

11. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

11.1. Documentation of testing shall include the date of inspection, the serial number of the lift or trolley system being tested, the location, and any corrective actions taken. Electronic copies are preferred in order to support data entry into spreadsheets.

11.2. Contractor shall deliver document of testing certification records to COR no later than one (1) week after certification of each system.

11.3. Contractor shall notify COR immediately, separately from certification forms, of any damage that jeopardizes the safety of the hoist system and any corrective action required by VA facility representatives.

11.4. Contractor shall take a photo of the weight test of each lift at 100% capacity, with the location and/or lift identifier and date included in the photo. Photos shall be supplied on Compact Disc (CD) when testing is complete and provided to the COR.

11.5. Contractor shall provide parts, labor, shipping and travel to correct any deficiencies identified by the tests.

11.6. Contractor shall ensure work performed on patient lift equipment is approved by the COR and certified for twelve (12) months following the completion of the testing and maintenance.

11.7. Any additional charges claimed shall be approved by the CO before service is completed. Contractor shall notify the COR.

12. REPORTING REQUIREMENTS:

12.1. The Contractor shall be required to report to Biomedical Engineering to log in to begin service and maintenance. This check-in is mandatory. After the service is completed, the FSE shall document services rendered on a legible Contractor engineering service report (ESR). The FSE shall log out with Biomedical Engineering and submit the ESR(s) to the COR after the service is complete. All ESRs submitted to perform service to the equipment user shall provide an "acceptance signature" and shall provide the COR with an "authorization signature". If the COR is unavailable, a signed, authorized copy of the ESR shall be sent to the CO after the work is reviewed (if requested or noted on the ESR).

12.2. VA Biomedical Contact Persons: Rikesha G. Nguyen

12.3. Location (Building/Room Number): Information will be provided to the Contractor at Post Award

12.4. Telephone Number & Extension(s): Information will be provided to the Contractor at Post Award.

13. CONTRACTOR CONDUCT REQUIREMENTS:

13.1. The Contractor shall obtain all necessary licenses and/or permits required to perform this work. Contractor shall take all precautions necessary to protect persons and property from damage during performance of this contract. Contractor shall be responsible for any injury to himself or his employees, or others, as well as for any damage to personal property that occurs during the performance of this contract that is

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

13.3. Employees and subcontractors working onsite shall wear the VA Contractor badge. The COR shall be responsible for securing Contractor badges for each contracted employee.

13.4. The Contractor shall provide all labor, parts, tools, supplies, materials, equipment, qualified personnel, supervision, management, and transportation to perform all tasks as identified herein. All work is to be performed in accordance with the guidelines established by Federal, State, and local ordinances and Joint Commission.

l conform to these guidelines.

13.5. The Contractor shall make all subcontractors aware of the requirements of this contract.

13.6. Contractor personnel shall conduct their work so as not to interfere with the normal functioning of the facility and shall stop work if asked by medical center personnel. Hours of work shall be coordinated with COR should limitation to work at daytime on units where patients sleep and nighttime in areas where patients would be exposed to risk by daytime work.

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

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

13.9. The Contractor shall state what efforts shall be made to minimize noise during testing of equipment.

13.10. The Contractor shall immediately correct any fire and safety deficiencies caused by his/her personnel. Should the Contractor fail or refuse to correct deficiencies promptly, the Contracting Officer shall issue a stop work order, stopping all or any part of the work and may hold the Contractor in default of the contract.

13.11. The Contractor shall comply with applicable Federal, State, and local safety and fire regulations and codes which are in effect at the beginning of the contract period.

The Contractor shall keep abreast of any changes in these regulations and codes applicable to the contract.

13.12. All material and equipment shall be removed from the facility or stored properly at the end of each workday and secured during the workday in the areas specified by the

Contracting Representative.

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

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

13.15. The Contractor shall be required to follow all OSHA General Industry regulations.

13.16. The Contractor shall not perform hot electrical work. Any electrical work that is necessary shall be coordinated with the facility electricians, and lockout/tagout provisions shall be presented if electrical work is required.

13.17. shall follow applicable policies of each VISN 16 medical center, to include policies concerning fire and disaster preparedness programs.

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

13.19. The Contractor shall place any accumulated rubbish to be collected in the facility trash or dumpsters.

14. ADDITIONAL CHARGES: - There shall be no additional charge for time spent at the site

(during, or after the normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts.

15. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE: The Contractor shall immediately, but no later than twenty-four (24) consecutive hours after discovery, notify the CO and COR (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and

COR with a written estimate of the cost to make necessary repairs.

16. CONDITION OF EQUIPMENT: The Contractor accepts responsibility for the equipment in

"as is" condition. Failure to inspect the equipment prior to contract award shall not relieve the Contractor from performance of the requirements of this contract.

17. REMOVAL OF EQUIPMENT:

17.1. The Contractor shall notify the COR and coordinate with the COR if it is determined by the Contractor a piece of equipment require repair at the Contrac plant. The Contractor shall not remove any Government equipment.

17.2. Government property cannot be removed from MEDVAMC without a signed

Property Pass. This Property Pass shall be obtained from Acquisition & Material

Management Service, Personal Property Section, 4A-320 after removal is authorized and approved by the COR. The Contractor shall not remove equipment from

Government site and shall coordinate equipment requiring minor repairs with the COR.

The Contractor shall be responsible for damage or los expense.

18. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS: The Contractor's

FSEs shall wear visible identification at all times while on the premises of the VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas.

Information on parking is available from the VA Police Section. The VAMC shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the VAMC and is only permitted in specified smoking areas on the VA medical center campus. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of

VA regulations may result in citation answerable in the United States (Federal) District

Court, not a local district, state, or municipal court.

NOTE: - The Contractor shall submit with technical quote unique or unusual conditions to suit specific situation(s) should the above clause not be entirely applicable.

19. SAFETY REQUIREMENTS: In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer, or his/her designee, may determine to be reasonably necessary to protect the lives and health of occupants of the building. The

Contracting Officer or his/her designee shall notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served to the Contractor or his/her representative at the site of work, shall be deemed sufficient for said purpose. If the Contractor fails or refuses to comply promptly with such notice the Contracting Officer may issue a cure notice.

The VAMC, CO, COR or any of its and/or their associates, employees or descendants under any conditions or circumstances shall not be held responsible for any safety incident or any injury or any inconvenience experienced by the Contractor, their associates, or subcontractors while performing the services, labor, travel, software upgrades or maintenance included within this contract to the extent applicable by federal, local and state law with federal law taking precedence.

20. INSURANCE:

20.1. Worker compensation and employer's liability: - Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes.

20.2. General Liability: - Contractors are required to have Bodily Injury Liability

Insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

20.3. Property Damage Liability: - Contractors are required to have Property Damage

Liability insurance coverage of at least $500,000.

21. GOVERNMENT PARTY TO EXECUTE AND MODIFY THE CONTRACT: After the contract has been in force for a period of time, it may be necessary to change and/or modify the operations to provide better service. Pursuant to FAR 43.102, no Government personnel other than the Contracting Officer can execute contract modifications on behalf of the

Government.

22. END OF SERVICE PERIOD: - No service shall be performed under this contract after the contract expiration date without written authority or direction from the Contracting Officer.

23. PRIVACY/SECURITY: The Contractor shall not have electronic connectivity to the devices.

The Contractor will not have access to VA systems, patient databases and Patient Health

Information (PHI) when performing preventive maintenance. Any electronic or magnetic data storage devices such as hard drives, etc., shall be turned-in to the ISO. Electronic or magnetic data storage devices are not to be removed from VA property.

24. CONFIDENTIALITY AND NONDISCLOSURE:

24.1. The preliminary and final deliverables, including all associated working papers and other material deemed relevant by VA which have been generated by the

Contractor in the performance of contract are the exclusive property of the U.S.

Government and shall be submitted to the COR.

24.2. The Contracting Office (CO) shall be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the

Contractor. Any request for information relating to this contract, presented to the

Contractor, shall be submitted to the CO for response.

24.3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

A.3 PRICE/COST SCHEDULE ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR ______________ ________________

a) Contractor shall provide Annual Preventive Maintenance services on Patient Lift equipment located at the Michael E.

DeBakey VA Medical Center (MEDVAMC), 2002 Holcombe Blvd., Houston, Texas.

b) Quantity: 638 Patient Lifts

c) Models: (DH2000), (GH2), (GH2F), (GH2 Twin), (GH3) and

(GH3+).

d) Level of Effort: As described in the PWS

Contract Period: Base POP Begin: 10-15-2021 POP End: 10-14-2022 PRINCIPAL NAICS CODE: 811219 - Other Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

1.00 YR ________________ ________________

services on Patient Lift equipment located at the Michael E.

DeBakey VA Medical Center (MEDVAMC), 2002 Holcombe Blvd., Houston, Texas.

b) Quantity: 638 Patient Lifts

c) Models: (DH2000), (GH2), (GH2F), (GH2 Twin), (GH3) and

(GH3+).

d) Level of Effort: As described in the PWS

Contract Period: Option 1 POP Begin: 10-15-2022 POP End: 10-14-2023 PRINCIPAL NAICS CODE: 811219 - Other Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary services on Patient Lift equipment located at the Michael E.

DeBakey VA Medical Center (MEDVAMC), 2002 Holcombe Blvd., Houston, Texas.

b) Quantity: 638 Patient Lifts

c) Models: (DH2000), (GH2), (GH2F), (GH2 Twin), (GH3) and

(GH3+).

d) Level of Effort: As described in the PWS

Contract Period: Option 2 POP Begin: 10-15-2023 POP End: 10-14-2024 PRINCIPAL NAICS CODE: 811219 - Other Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and services on Patient Lift equipment located at the Michael E.

DeBakey VA Medical Center (MEDVAMC), 2002 Holcombe Blvd., Houston, Texas.

b) Quantity: 638 Patient Lifts

c) Models: (DH2000), (GH2), (GH2F), (GH2 Twin), (GH3) and

(GH3+).

d) Level of Effort: As described in the PWS

Contract Period: Option 3 POP Begin: 10-15-2024 POP End: 10-14-2025 PRINCIPAL NAICS CODE: 811219 - Other Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and services on Patient Lift equipment located at the Michael E.

DeBakey VA Medical Center (MEDVAMC), 2002 Holcombe Blvd., Houston, Texas.

b) Quantity: 638 Patient Lifts

c) Models: (DH2000), (GH2), (GH2F), (GH2 Twin), (GH3) and

(GH3+).

d) Level of Effort: As described in the PWS

Contract Period: Option 4 POP Begin: 10-15-2025 POP End: 10-14-2026 PRINCIPAL NAICS CODE: 811219 - Other Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

GRAND TOTAL __________________

Prior to exercising any option, the Contracting Officer will ensure that it is still in the governments best interest, with price and other factors considered. Any extension, in accordance with FAR 52.217-the purpose of evaluation will include the base period, 1st option, 2nd option, and ½ of the 2nd option. As indicated in FAR 52.217-8 the government will have the option provision to extend the performance of the contract an additional 6 months when the contractor is provided written notice. Thus, providing separate pricing for the optional six-month extension period is not required.

A.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001-

SHIP TO: Michael E. DeBakey VA Medical Center Facility Management Services 2002 Holcombe Blvd Houston, TX 77030

USA

1.00 10/15/2021- 10/14/2026

MARK

FOR:

TBD

36C25622Q0025

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 shall 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 shall 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 wra 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 cations, 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60…