36C25622Q0388.docx

36C25622Q0388

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25622Q0388 02-17-2022 Jonathan Labitad jonathan.labitad@va.gov 479-220-1709 03-01-2022 13:00

CST

Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703 X X 238290 $16.5 Million N/A X Department of Veterans Affairs Central Arkansas VA Healthcare System

(CAVHS)

2200 Fort Roots Drive Fayetteville AR 72703 Department of Veterans Affairs Veterans Healthcare System of the Ozarks Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically 1-877-489-6135 See CONTINUATION Page Contractor shall provide all labor, materials, equipment, tools, transportation, and supervision necessary to perform room air flow and pressure testing in complete and strict accordance with the contract and all attachments thereto.

Note: This is a Firm-Fixed Price, base year, plus four (12) months option years contract Period of Performance:

Base: 03/15/2022 - 03/14/2023 Opt YR 1: 03/15/2023 - 03/14/2024 Opt YR 2: 03/15/2024 - 03/14/2025 Opt YR 3: 03/15/2025 - 03/14/2026 Opt YR 4: 03/15/2026 - 03/14/2027 See CONTINUATION Page X X X

ONE

Bennett W. Smith Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256 Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703

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

3. INVOICES: Invoices shall be submitted in arrears:

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

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Annual Medical Gas Testing and Certification Contract Period: Base POP Begin: 03-15-2022 POP End: 03-14-2023 PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: H365 - Inspection - Medical, Dental, and Veterinary Equipment and Supplies

Annual Medical Gas Testing and Certification Contract Period: Option 1 POP Begin: 03-15-2023 POP End: 03-14-2024

Annual Medical Gas Testing and Certification Contract Period: Option 2 POP Begin: 03-15-2024 POP End: 03-14-2025

Annual Medical Gas Testing and Certification Contract Period: Option 3 POP Begin: 03-15-2025 POP End: 03-14-2026

Annual Medical Gas Testing and Certification Contract Period: Option 4 POP Begin: 03-15-2026 POP End: 03-14-2027

36C25622Q0388

Page 1 of Page 1 of

B.3 STATEMENT OF WORK

ANNUAL MEDICAL GAS

TESTING AND CERTIFICATION

Central Arkansas Veterans Healthcare System (CAVHS)

1. SCOPE

The contractor shall provide all labor, tools, materials, equipment, transportation and supervision necessary to perform room air flow and pressure testing in complete and strict accordance with the contract and all attachments thereto.

2. GENERAL GUIDANCE

2.1. Provide certified medical gas technicians, test instruments, materials and services to inspect, calibrate and/or repair the medical gas systems controls, digital and analog I/O devices and controllers. Inspect and verify the integrity of all distribution loops and outlet stations for the medical oxygen, nitrous oxide, medical air, medical vacuum, nitrogen, WAG-D and carbon dioxide systems located at both, the Eugene Towbin and the John L. McClellan Medical Centers. This annual testing is mandated and enforced by the authority of JACHO, NFPA 99 and VA codes, guidelines and regulations.

3. WORK HOURS:

All work pertaining to this contract will need to be performed Monday thru Friday unless a Federal holiday falls on one of these days. The time frame will be whatever is needed to work around the different service schedule. Most of the work could be done between 8am to 4pm but in cases like the operating room, emergency department, and Pharmacy we would need to check the schedule of that service. On the days listed above unless unique situations arrive and prior approval between the contractor and CAVHS parties involved is agreed upon.

4. GOVERNMENT PERSONNEL OBSERVED HOLIDAYS:

4.1. The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

New Year's Day Martin Luther King's Birthday President's Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas

4.2. In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President’s Proclamation

5. GENERAL REQUIREMENTS

5.1. The contractor will perform as required by the VA, JACHO and NFPA 99 the procedures, items and devices as listed below:

5.1.1. MEDICAL OXYGEN SYSTEM

5.1.1.1. Test area alarms for proper pressure switch location and alarm function.

5.1.1.2. Test Oxygen system for concentration at each outlet.

5.1.1.3. Test Oxygen for particulate contamination at least once in each zone. Tested with 0.45-micron filter device

5.1.1.4. Test Oxygen system for pressure at each zone.

5.1.1.5. Test the Oxygen outlets for proper function, identification, adaptation and mechanical integrity.

5.1.1.6. Identify leaking/malfunctioning outlets.

5.1.1.7. Identify outlets delivering substandard pressure/flow rates.

5.1.1.8. Test Oxygen zone shutoff valves for proper function, identification and mechanical integrity.

5.1.1.9. Test each zone for maximum available flow.

5.1.1.10. Test Each critical care outlet for maximum available flow.

5.1.1.11. Test outlet flow rate and pressure drop with high demand at adjacent outlets.

5.1.1.12. Test Oxygen system components for leakage.

5.1.1.13. Check Oxygen system components for proper installation (i.e.: Brazing, Labeling, Hanging, etc.)

5.1.1.14. Check for crossed lines.

5.1.2. NITROUS OXIDE SYSTEM

5.1.2.1. Test area alarms for proper pressure switch location and alarm function.

5.1.2.2. Test Nitrous Oxide system for concentration.

5.1.2.3. Test Nitrous Oxide system for particulate contamination.

5.1.2.4. Test with 0.45-micron filter device.

5.1.2.5. Test Nitrous Oxide system for pressure at each zone.

5.1.2.6. Test the Nitrous Oxide outlets for proper function, identification, adaptation, and mechanical integrity.

5.1.2.7. Identify leaking/malfunctioning outlets

5.1.2.8. Identify outlets delivering substandard pressure/ flow rates.

5.1.2.9. Test Nitrous Oxide zone shutoff valves for proper function, identification, and mechanical integrity.

5.1.2.10. Test each zone for maximum available flow.

5.1.2.11. Test Nitrous Oxide pipeline components for leakage.

5.1.2.12. Check Nitrous Oxide system components for proper installation (i.e.: Brazing, Labeling, Hanging, etc.)

5.1.2.13. Check for crossed lines.

5.1.3. MEDICAL AIR SYSTEM

5.1.3.1. Test area alarms for proper pressure switch location and alarm function.

5.1.3.2. Test Medical Air for particulate contamination at least once in each zone.

5.1.3.3. Test with 0.45-micron filter device.

5.1.3.4. Test Medical Air system for pressure at each zone.

5.1.3.5. Test Medical Air outlets for proper function, identification, adaptation, and mechanical integrity.

5.1.3.6. Identify leaking/malfunctioning outlets

5.1.3.7. Identify outlets delivering substandard pressure/flow rates.

5.1.3.8. Test Medical Air zone shutoff valves for proper function, identification, and mechanical integrity.

5.1.3.9. Test each zone for maximum available flow.

5.1.3.10. Test each critical care outlet for maximum available flow.

5.1.3.11. Test outlet flow rate and pressure drop with high demand at adjacent outlets.

5.1.3.12. Test Medical Air system components for leakage.

5.1.3.13. Check Medical Air system components for proper installation (i.e.: Brazing, Labeling, Hanging, etc.)

5.1.3.14. Check for crossed lines.

5.1.4. MEDICAL VACUUM SYSTEM

5.1.4.1. Test area alarms for proper pressure switch location and alarm function.

5.1.4.2. Test inches (of mercury) of Vacuum at each zone.

5.1.4.3. Test the Vacuum inlets for maximum available flowrate SCFM.

5.1.4.4. Test pressure at each inlet in all critical care areas.

5.1.4.5. Test for flow rate and pressure drop with high volume demand on adjacent inlets.

5.1.4.6. Test the Vacuum inlets for proper function, identification, adaptation, and mechanical integrity.

5.1.4.7. Identify leaking/malfunctioning inlets.

5.1.4.8. Identify inlets delivering substandard vacuum/flow rate.

5.1.4.9. Test all Vacuum zone valves for proper function, identification, and mechanical integrity.

5.1.4.10. Check Vacuum system components for proper installation (i.e.: Brazing, Labeling, Hanging, etc.).

5.1.4.11. Check for crossed lines.

5.1.5. NITROGEN SYSTEM

5.1.5.1. Test area alarms for proper pressure switch location and alarm function.

5.1.5.2. Test Nitrogen for particulate contamination at least once in each zone. Tested with 0.45-micron filter device

5.1.5.3. Test Nitrogen system for pressure at each zone.

5.1.5.4. Test the Nitrogen outlets for proper function, identification, adaptation and mechanical integrity.

5.1.5.5. Identify leaking/malfunctioning outlets.

5.1.5.6. Identify outlets delivering substandard pressure/flow rates.

5.1.5.7. Test Nitrogen zone shutoff valves for proper function, identification and mechanical integrity.

5.1.5.8. Test each zone for maximum available flow.

5.1.5.9. Test outlet flow rate and pressure drop with high demand at adjacent outlets.

5.1.5.10. Test Nitrogen system components for leakage.

5.1.5.11. Check Nitrogen system components for proper installation (i.e.: Brazing, Labeling, Hanging, etc.)

5.1.5.12. Check for crossed lines.

5.1.6. WASTE, ANESTHESIA GAS & DISPOSAL (WAG-D)

5.1.6.1. Test area alarms for proper pressure switch location and alarm function.

5.1.6.2. Test inches (of mercury) of Vacuum at each zone.

5.1.6.3. Test the Vacuum inlets for maximum available flowrate SCFM.

5.1.6.4. Test pressure at each inlet in all critical care areas.

5.1.6.5. Test for flow rate and pressure drop with high volume demand on adjacent inlets.

5.1.6.6. Test the Vacuum inlets for proper function, identification, adaptation, and mechanical integrity.

5.1.6.7. Identify leaking/malfunctioning inlets.

5.1.6.8. Identify inlets delivering substandard vacuum/flow rate.

5.1.6.9. Test all Vacuum zone valves for proper function, identification, and mechanical integrity.

5.1.6.10. Check Vacuum system components for proper installation (i.e.: Brazing, Labeling, Hanging, etc.).

5.1.6.11. Check for crossed lines.

5.1.7. CARBON DIOXIDE

5.1.7.1. Test area alarms for proper pressure switch location and alarm function.

5.1.7.2. Test Carbon Dioxide for particulate contamination at least once in each zone. Tested with 0.45-micron filter device

5.1.7.3. Test Carbon Dioxide system for pressure at each zone.

5.1.7.4. Test the Carbon Dioxide outlets for proper function, identification, adaptation and mechanical integrity.

5.1.7.5. Identify leaking/ malfunctioning outlets.

5.1.7.6. Identify outlets delivering substandard pressure/flow rates.

5.1.7.7. Test Carbon Dioxide zone shutoff valves for proper function, identification and mechanical integrity.

5.1.7.8. Test each zone for maximum available flow.

5.1.7.9. Test outlet flow rate and pressure drop with high demand at adjacent outlets.

5.1.7.10. Test Carbon Dioxide system components for leakage.

5.1.7.11. Check Carbon Dioxide system components for proper installation (i.e.: Brazing, Labeling, Hanging, etc.)

5.1.7.12. Check for crossed lines.

5.2. The contractor will provide an itemized and detailed report of their assessments, recommendations and corrective actions taken for the medical gas annual testing. These reports will be in form of 2 ea. Hard copy reports as well as an electronic copy (either in Word or pdf format).

5.3. The contractor will provide all personnel and materials to provide to facilitate the annual inspection of the CAVHS medical gas systems in accordance to the Scope of the contract.

5.4. If any firewall penetrations are required the contractor will ensure the penetrations are sealed in accordance to VA Handbook, NFPA Codes, regulations and/or guidelines.

5.5. The contractor shall provide all equipment and adhere to all VA and Infectious Control Risk Assessment (ICRA) guidelines and regulations.

5.6. All disposal costs and fees for debris removal will be the contractor’s responsibility.

5.7. Site shall always be kept clean and free from debris and contractor shall remove debris daily from the health care system property. Contractor will not be allowed to use Government tools, materials, and/or labor for this project.

6. WORK HOURS

Most work is to be performed during the hours of 7:00 AM and 4:30 PM, Monday through Friday, exclusive of Federal holidays. However, some areas may require work to be performed outside of normal working hours. Any work performed outside of normal working hours is the contractor’s responsibility and shall be coordinated with the COR and/or the Plumbing Supervisor.

7. CHANGES TO THE STATEMENT OF WORK

The CO is the only individual authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer’s Representative (COR) on all matters pertaining to contract administration. The COR is designated to represent the Contracting Officer (CO) in furnishing technical guidance and advice regarding the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the CO. Only the CO is authorized to make commitments or issue changes affecting price, quantity or performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the CO, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase in cost incurred as a result thereof.

8. REPORTING REQUIREMENTS

All documents will be given to the Contracting Officer and or the Contracting Officer Representative in a Word Document, or Adobe pdf and Excel spreadsheet file.

9. GOVERNMENT RESPONSIBILITIES

The government shall provide the contractor access to the rooms when needed as long as the service and contractor agree on the time and date.

10. CONTRACTOR EXPERIENCE AND/OR REQUIREMENTS

Contract employees shall be certified ASSE (American Society of Sanitary Engineering) 6010 for system installations, ASSE 6020 for systems inspections, ASSE 6030 for systems verifier, and ASSE 6040 systems maintenance whichever is applicable to the work the vendor is contracted to execute. All test instruments must be 3rd party calibrated with the certification. The CO or COR may request proof of this certification prior to authorizing contract employees to perform any services.

11. CONFIDENTIALITY AND NONDISCLOSURE

The Contractor understands and agrees that confidential information (patients, employee, or facility) must always be secured and protected. The Contractor and its personnel shall be held liable in the event a breech of confidentiality occurs as a result of the Contractor or its employees. Each contract employee will be required to read and sign the Contractor Rules of Behavior and provide the original signature page to the COR.

12. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

12.1. Position Sensitivity: The position sensitivity/risk level has been designated as Nonsensitive/Low Risk.

12.2. Background Investigation: The level of background investigation commensurate with the required level of access is Minimum.

12.3. Contractor Responsibilities: Contract employees shall be issued non-PIV badges for physical access only. This requires for contract employees to:

12.3.1. Complete fingerprinting at the CAVHS badging station located in building 68 at the North Little Rock, AR campus.

12.3.2. Complete the OF306 and have two forms of federally acceptable ID.

12.3.3. Successfully complete a Special Agreement Check (SAC) background screening.

12.3.4. Read/sign Contractor Rules of Behavior and provide original signature page to the COR.

12.3.5. The contractor shall pay for lost or missing employee badges issued by CAVHS. The cost for these lost or missing badges will annotated on and deducted from invoice payments.

12.3.6. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

12.3.7. Failure to comply with contractor personnel security requirements may result in termination of the contract for default.

13. SPECIAL CONSIDERATION:

All contractors and visitors are required to adhere to Universal Masking Guidance which requires people to wear a cloth face covering or facemask over their mouth and nose while in any building of Central Arkansas Veterans Healthcare System (CAVHS). Daily healthcare screening is required before entrance to VA facilities due to COVID-19. No one with a cold or flu like symptoms will be allowed on VA property. In the event that symptoms occur while on site, the contractor will notify the COR immediately. The individual(s) maybe required to be COVID tested and quarantine until released by Infection Control to return to site.”

14. INFORMATION SYSTEM OFFICER, INFORMATION PROTECTION:

The contractor will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

15. PRIVACY OFFICER:

The contractor will not have access to protected Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody. All research data available for Contractor analyses is de-identified.

16. RECORDS MANAGER:

16.1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

16.2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

16.3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

16.4. Central Arkansas Veterans Healthcare system and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Central Arkansas Veterans Healthcare system or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Central Arkansas Veterans Healthcare system. The agency must report promptly to NARA in accordance with 36 CFR 1230.

16.5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government's behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Central Arkansas Veterans Healthcare system control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

16.6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Central Arkansas Veterans Healthcare system guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

16.7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Central Arkansas Veterans Healthcare system policy.

16.8. The Contractor shall not create or maintain any records containing any non-public Central Arkansas Veterans Healthcare system information that are not specifically tied to or authorized by the contract.

16.9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

16.10. The Central Arkansas Veterans Healthcare system owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which Central Arkansas Veterans Healthcare system shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

16.11. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take Central Arkansas Veterans Healthcare system provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

SECTION C - CONTRACT CLAUSES

C.1 VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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 PRODUCTS AND COMMERCIAL SERVICES 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.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days from contract expiration.

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days from contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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 and six (6) months.

(End of Clause)

C.5 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause) C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.