36C25821Q0287_3.docx

SUBJECT*

501 | 644 | Elevator Inspection Services for the Phoenix and New Mexico VA Health Care Systems

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014

POINT OF CONTACT*

Contract Specialist Bill Cook william.cook2@va.gov

PLACE OF PERFORMANCE

Phoenix VA Health Care System

New Mexico VA Health Care System

650 E. Indian School Rd. Phoenix, AZ

1501 San Pedro Dr. SE Albuquerque, NM

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

EMAIL DESCRIPTION

DESCRIPTION

REQUEST FOR QUOTE 36C25821Q0287: This notice is a Request for Quote (RFQ). The RFQ identifier is 36C25821Q0287. The Department of Veterans Affairs, Network Contract Office (NCO) 22 - Gilbert is requesting quotes from contractors to provide Elevator Inspection Services. The required services are to be performed at the Phoenix VA Healthcare System located in Phoenix, Arizona and the New Mexico VA Healthcare System located in Albuquerque, New Mexico.

This requirement is a Firm Fixed Price (FFP) contract with a five-year Period of Performance. Based on the results of market research, an electronic solicitation is now being issued at https://beta.sam.gov/.

The VA is setting-aside this solicitation for Service-Disabled Veteran-Owned Small Business (SDVOSB).

Responses are due by 12:00 Noon Pacific Daylight Time August 16, 2021.

Point of contact information: Bill Cook, Contract Specialist, william.cook2@va.gov.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25821Q0287 08-02-2021 Bill Cook 602-795-4289 08-16-2021 12:00

PDT

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014 X X 541350 $8 Million N/A X Department of Veterans Affairs Phoenix VA Healthcare System 777 E. Missouri, Suite 300 Phoenix AZ 85014 Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

See CONTINUATION Page This requirement is for elevator inspection services at the Phoenix and New Mexico VA Health Care Systems.

See CONTINUATION Page X Page 1 of 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 36C258

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014

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.

The two (2) sites are:

Tungsten Network at: https://www.tungsten-network.com/customer-campaigns/veterans-affairs/ Tungsten e-Invoice Setup Information: 1-877-489-6135 Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

Financial Service Center (FSC) at: https://www.fsc.va.gov/ FSC e-Invoice Contact Information: 1-877-353-9791

This is mandatory and the sole method for submitting invoices.

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

B.2 STATEMENT OF WORK ALBUQUERQUE

Elevator Inspection Services

Introduction:

The New Mexico VA Health Care System (NMVAHCS) requires elevator inspection services.

Locations and Equipment and Hours of Operation:

New Mexico VA Health Care System 1501 San Pedro SE Albuquerque, New Mexico 87108-5153 Vertical transportation systems are located at NMVAHCS, consisting of 20 devices Hours of operation: 7:30 am - 4:00 pm

Required Services:

The contractor shall provide all labor, supervision, equipment, and tools to perform five-year, annual, and semi-annual, vertical transportation system inspections. It is the responsibility of the inspector to determine if the equipment is in safe operating condition, that it has not been altered except in conformity to the applicable codes or regulations, and that each elevator (vertical transportation system) will perform in accordance with all applicable inspection requirements. In the performance of this contract the contractor shall take such safety precautions as Department of Veterans Affairs Fire/Safety and Engineering departments determine to be reasonably necessary to protect the lives and health of occupants of the building.

Additional non-constructed elevators put into service after new or remodeled building construction shall be included in the inspection program upon the government’s request/direction. Cost for inspection and inspection services provided shall be in the same dollar amount as the cost to provide inspection service for a similar vertical transportation system in the agreed upon base or option year cost. New elevators shall be inspected per applicable codes and regulations in force at the time of elevator construction design. For a complete listing of devices, building location, and type of device, refer to Attachment A for each location.

Scheduling:

Contractor shall perform Annual inspections in the month of August and the Semi-Annual inspections in the month of February. Five-year inspection due dates are indicated on Attachment (A) Schedules and shall not be altered without the consent of the Contracting Officer Representative (COR). The inspector shall coordinate all inspections with the elevator maintenance company and the VA Health Care Systems COR. All inspections shall be coordinated a minimum of thirty days prior to inspection dates. Inspections that may severely impact elevator service, or incapacitate a bank of elevators shall be performed after normal working hours and approved in advance by the contracting technical representative. All other inspections shall be accomplished during normal business hours Monday through Friday except Federal Government holidays. See location information for specific hours of operation.

Reports:

Reports shall be word processed. One copy of the report shall be submitted to the primary point of contact at each location. Each report shall include a separate document for each device inspected. The report shall state the location of inspection, the identifying device number, the type of device, all ASME deficiencies, the reference section and the number or letter designation of deficiencies, a heading and space to indicate scheduled date of repair, actual date of repair, and date of inspection. All recommended upgrades shall be listed and identified as recommended upgrades on the same document. ASME “Checklist for Inspection of Electric Elevators” (A134C1 attachment (B)) and ASME “Checklist for Inspection of Hydraulic Elevators” (AO50C7 Attachment (C)) shall be completed for each device inspected, dependent on type of device inspected. A certificate of inspection for each device listing the building, device number, type of duty, city, capacity, speed, date of inspection, elevator mechanic and or elevator maintenance company, elevator inspector signature, and inspector’s qualified elevator inspector number shall be included on the certificate. This certificate shall be included in the report package. The report package shall be completed and delivered as stated above within thirty (30) days of completion of the inspection.

Labeling Requirements:

Upon completion of work, the contractor’s service technician shall affix a contractor-provided document to the elevator equipment that includes, but may not be limited to, the following information:

a. Government Equipment Number (EE#)

b. Manufacturer Nameplate

c. Model Number

d. Serial Number

e. Calibration/Safety Data (where applicable)

f. Inspection / Testing history log

g. Phone number to contact for questions

Inspector Qualifications:

Pursuant to ANSI/ASME A17.1 section 1000, ASME A17.2 ASME 17. 3, the inspection contractor shall provide proof of Qualification of Elevator Inspectors (QE-1) certification and a copy of the inspector’s QEI credentials shall be current and have no lapsed periods for a minimum of five years. Each inspector or inspector’s assistant shall be an ASME/NAESA qualified elevator inspector with at least five years’ experience as a certified inspector. At the discretion of the NMVAHCS, the inspector shall be made available, at no additional charge, within a two-day period from notification, for additional on-site consultation and to clarify questions that may arise as a result of inspections. The inspector shall be available for phone, fax, or e-mail consultation during normal business hours.

Security:

Security certification and accreditation requirements do not apply. Security Accreditation Package is not required. All VA policies shall be followed, and the contractor shall not come into contact with VA sensitive information.

Points of Contact:

New Mexico VA Health Care System 1501 San Pedro SE Primary: TBD Alternate: TBD Albuquerque, New Mexico 87108-5153 Conformance Standards/Workmanship:

All inspections, workmanship, or equipment shall be subjected to re-inspections, examinations, and tests by government inspectors or their representative at any and all times during the course of work and at any and all places where work is being conducted. The government shall have the right to reject defective inspections or reports. Rejected inspections or reports shall be satisfactorily corrected and or replaced without additional expense to the government. If the contractor fails or refuses to comply promptly, the contracting officer may issue an order, stopping all or any part of the work, and hold the contractor in default. The inspector is required to furnish the tools and labor to perform the annual and semi-annual no-load tests. The elevator maintenance company shall provide an elevator technician and test weights, as required for all inspections. The elevator mechanic shall accompany the inspector on all inspections. Inspections shall be conducted in accordance with NFPA 70, NFPA 70E, ASME A17.1, and A17.2 latest additions.

Hours of Coverage:

All inspections will be performed during normal business hours of coverage unless requested or approved by the COR or his/her designee.

New Mexico VA Health Care System hours are 7:30 am - 4:00 pm.

NOTE: Hardware/software update/upgrade installations will be scheduled and performed during normal hours of coverage at no additional charge to the government.

Federal Holidays observed are:

Independence Day

Identification, Parking, Smoking, and VA Regulations:

The Contractor's FSEs shall wear visible identification issued by the Department of Veterans Affairs Police Section at all times while on the premises of the medical center. 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 Department of Veterans Affairs will not validate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited at the medical center. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

Information Security:

In accordance with Appendix A, Handbook 6500.6 Checklist blocks 7, the C&A requirements do not apply to this requirement and a Security Accreditation Package is not required. The nature of this requirement is technical; however, there is no information to be protected.

Other Pertinent Information or Special Considerations:

New Mexico VA Health Care System 1501 San Pedro SE Primary: TBD Alternate: TBD Albuquerque, New Mexico 87108-5153

(505) 265-1711

Period of Performance:

The period of performance shall be for one (1) base year and four (4) potential option years. The government may extend the term of the awarded base/option year by written notice to the contractor within 30 days of annual expiration date, provided the government gives the contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary (>60 day) notice does not commit the government to an extension.

Contractor Responsibilities:

The inspector is to personally check-in and out of the medical center. The contractor will make recommendations in writing, identifying any adjustments, repairs, or corrective actions that need to be taken, as a result of any inspection. This information must be provided to the COR in writing within 24 hours of inspection.

The inspector shall complete the ASME A134C1 and A050C7 Checklist for Inspection of Hydraulic Elevators and Checklist for Inspection of Electric Elevators on completion of the test/inspection. Any items on these forms that are not applicable to the test inspection will be marked, “N/A” (not applicable). The forms will be prepared in triplicate and distributed as follows: Two copies to the Supervisor, Maintenance & Operations, Engineering Department and 1 copy to the Contracting Officer.

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information protection, patient privacy, and information system security as delineated in this contract.

Software Updates:

The elevator inspection contractor will NOT be responsible for any software updates to the hardware. If any individual elevator(s) require software updates, to establish, or re-establish proper operation, then such software will be provided by the elevator maintenance contractor.

Warranties:

Any warranties offered by the Elevator Service Inspector will only apply to certification and testing performed.

Performance & Scheduling:

During the elevator inspector’s on-site duties, it may become necessary to periodically schedule and perform joint work with the elevator preventative maintenance contractor. The COR will coordinate and make the necessary arrangements for any appointments.

If any Technical Support is required, during testing, calibration, and certification, it can be provided by the elevator preventative maintenance contractor. The elevator preventative maintenance contractor will provide the weights for testing.

Safety Standards:

36C25821Q0287 The elevator inspection contractor shall observe and practice all applicable safety rules and regulations. This includes OSHA, IEEE, NFPA, ASME, and any other presiding agencies. In the performance of safety practices, the contractor shall take such safety precautions as the Contracting Officer (CO) or his designee may determine to be reasonably necessary to protect the lives and the health of the occupants of any building. The CO, or his designee, shall notify the contractor of any noncompliance with the foregoing provisions and the action to be taken. After receipt of such notice, the contractor shall immediately correct the conditions to which attention has been directed. Such notice, when served on the contractor, or his representative at the site of work, shall be deemed sufficient for the purposes aforesaid. If the contractor fails or refuses to promptly comply, the CO may issue a stop-work order for all or any part of the work and hold the contractor in default as provided elsewhere in this warranty.

Page 1 of Page 1 of Page 1 of Page 1 of

B.3 STATEMENT OF WORK PHOENIX

Elevator Inspections

1.0 Background

The purpose of this Statement of Work (SOW) is to procure all five-year, annual, and semi-annual inspections for the Carl T. Hayden VA Medical Center vertical transportation systems. This will include all current elevators and any additional non-constructed elevators put into service after new or remodeled building construction upon the government’s request/direction. New elevators shall be inspected per applicable codes and regulations in force at the time of elevator construction design at the Carl T. Hayden VA Medical Center. These services are in support of transportation and mobility of veterans throughout the VA Medical Center. They are required to provide continued elevator transportation for veterans.

The contractor shall comply with all applicable current and future laws and regulations related to the repair and maintenance of all elevators for this medical center.

The period of performance is 5 years with one (1) base year and four (4) option years.

2.0 Tasks:

The contractor shall provide all personnel, materials and equipment required for tasks outlined in this SOW. Inspections will be accomplished on an Annual and Semi-Annual basis. Five (5) year tests will be accomplished on elevators that come due during the performance period of the contract. This test will include performing a weight test of the elevator being assessed.

The contractor shall be responsible for providing a certified state inspector to perform inspections to verify quality of maintenance, cleanliness, etc. of elevator maintenance and repair work.

The contractor shall notify the Electric Shop Supervisor, Engineering Service and the Contracting Officer at least ten (10) days in advance of the date of the proposed inspection. This notification will state, as a separate item, the proposed date for inspecting and testing the 3 dumbwaiters. NOTE: Elevators T1, T3 & T6 are direct patient care dumbwaiters, which handle food on a designated schedule. Notification shall be made in advance before taking these elevators out of service. While these elevators are out of service, manual transportation will be used to maintain patient care.

Due to the areas it accesses, Elevator S1 should be tested at 5:00 am to prevent impacting patient/staff accessibility during inspections.

For a complete listing of devices, building location, and type of device, refer to Attachment B for each location.

2.01 Motion Controlled Traction Kone elevators:

The contractor shall perform inspections of the following elevators:

· S1, S2, S3, S4 & S5 elevators are in bldg. 1.

· S6, S7, & S8 elevators are in bldg. 16.

· S18 & S19 elevators are in bldg. 37 (parking garage)

2.02 Motion Controlled EECO Single Piston Elevators:

The contractor shall perform inspections of the following elevators:

· S9 is in bldg. 16.

· F13 freight elevator is in bldg. 2.

· S16 PKE is in bldg. 34

2.03 Single Piston Hydraulic Ottis Elevators:

The contractor shall perform inspections of the following elevators:

· S14 & S15 are in Mental Health building

2.04 Hydraulic/Kone/Montgomery Elevators:

The contractor shall perform inspections of the following elevators:

· S10, S11 & F12 are in bldg. 8.

2.05 Ottis Traction Food Service Elevators:

The contractor shall perform inspections of the following elevators:

· T1 & T3 are in bldg. 1.

· T6 is in bldg. 16.

2.06 Hollister-Whitney Elevator Co. LLC Hydraulic Elevators:

The contractor shall perform inspections of the following elevators:

· S24 & S25 are in bldg. 1.

2.1 Inspector Qualifications:

The inspector shall meet the qualification requirements of ANSI/ASME OEI-1 Standard for the Qualification of Elevator Inspectors.

2.2 Contractor Responsibilities:

· The Inspector shall personally check-in and out the Medical Center with the Electric Shop Supervisor, Engineering Department, D10, Bldg. 1.

· The Inspector shall report to the boiler plant to get a badge before inspecting elevators.

· The Inspector shall ensure each elevator or dumbwaiter is operating at the completion of the inspection of that elevator. All elevators shall be operating upon completion of all tests/inspections.

· The inspector shall complete VA Form 10-6166 and 10-6167 on completion of the test/inspection. Any items on these forms, which are not applicable to the test/inspection, will be marked “NA” (Not Applicable). The forms shall be prepared in triplicate and shall be distributed as follows: 2 copies to the Supervisor, Maintenance & Operations, Engineering Department, 1 copy to the Contracting Officer.

· The Inspector shall make recommendations, in writing, identifying any adjustments, repairs or corrective actions that need to be taken.

3.0 Identification, Parking, Smoking, and VA Regulations:

Contractor personnel shall wear visible identification issued by Engineering Section at all times while on the premises of PVAHCS. 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. PVAHCS will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited inside any buildings at PVAHCS. 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.

4.0 Information Security and Privacy:

· In reference to VHA 6500.6, Appendix A, Item 7, this project does not require acquisition of a service that involves storage, transmitting or exchanging VA sensitive information as this requirement is strictly a construction activity per the SOW below.

· In reference to VHA 6500.6, Appendix A, Item 7, acquired services do not require the connection of one or more contractor-owned IT devices (such as a laptop computer or remote connection from a contractor system) to a VA internal trusted (i.e., non-public) network. Therefore, Certification and Accreditation (C & A) requirements do not apply, and a security accreditation is not required for this contract.

· Sensitive data may be present in equipment, instruments, or infrastructure to be inspected as part of this procurement; therefore, the following privacy considerations from Appendix C apply.

· Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

· The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

· All contracted personnel requiring access to VA facilities more than two consecutive days, must complete VHA privacy training, course VA10203. All service agents having access to protected health information (PHI) in the performance of their official duties or have access to VA systems (e.g. CPRS or Vista Web) must provide proof of training upon request. VA Privacy Training is available from the TMS website at: www.tms.va.gov.

5.0 Place of Performance:

Phoenix VA Health Care System 650 E. Indian School Road Phoenix, AZ 85012-1892 Telephone Number: 602-277-5551 X TBD.

Email address: TBD

6.0 Points of Contact:

· TBD

· TBD

· TBD

7.0 Federal Holidays observed are:

Independence Day

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Perform Annual and Semi-annual Elevator Inspections for the Phoenix VA Health Care System (PVAHCS) in accordance with the Statement of Work.

Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022

Perform 5 Year test in accordance with the Statement of Work on all Phoenix VA Health Care System (PVAHCS) elevators that come due during the performance period of the contract. Testing shall include performing weight test. Due April 2022 Five (5) elevators S6, S7, S8, T1, T3 & T6).

Annual (Category 1) and Semi-Annual (Periodic) Elevator Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

Annual (Category 1) and Semi-Annual (Periodic) Dumbwaiter Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

Perform Annual and Semi-annual Elevator Inspections for the Phoenix VA Health Care System (PVAHCS) in accordance with the Statement of Work.

Contract Period: Option 1 POP Begin: 10-01-2022 POP End: 09-30-2023

Perform 5 Year test in accordance with the Statement of Work on all Phoenix VA Health Care System (PVAHCS) elevators that come due during the performance period of the contract. Testing shall include performing weight test. Due April 2022 Five (5) elevators S6, S7, S8, T1, T3 & T6).

Annual (Category 1) and Semi-Annual (Periodic) Elevator Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

Annual (Category 1) and Semi-Annual (Periodic) Dumbwaiter Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

Perform Annual and Semi-annual Elevator Inspections for the Phoenix VA Health Care System (PVAHCS) in accordance with the Statement of Work.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024

Annual (Category 1) and Semi-Annual (Periodic) Elevator Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

Annual (Category 1) and Semi-Annual (Periodic) Dumbwaiter Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

5-year (Category 5) Hydraulic Elevator Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

Perform Annual and Semi-annual Elevator Inspections for the Phoenix VA Health Care System (PVAHCS) in accordance with the Statement of Work.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025

Annual (Category 1) and Semi-Annual (Periodic) Elevator Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

Annual (Category 1) and Semi-Annual (Periodic) Dumbwaiter Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

Perform Annual and Semi-annual Elevator Inspections for the Phoenix VA Health Care System (PVAHCS) in accordance with the Statement of Work.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026

Annual (Category 1) and Semi-Annual (Periodic) Elevator Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

Annual (Category 1) and Semi-Annual (Periodic) Dumbwaiter Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

5-year (Category 5) Hydraulic Elevator Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

5-year (Category 5) Traction Elevator Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

5-year (Category 5) Dumbwaiter Inspections in accordance with the Statement of Work for the New Mexico VA Health Care System (NMVAHCS)

SECTION C - CONTRACT CLAUSES

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

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

(End of Clause)

C.3 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 of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(En…