36C25920Q0303-001.docx

36C25920Q0303

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

575-20-2-6043-0182

4/16/2020 Susan Dela Cruz 303-712-5761 05-01-2020 3:30pm/MST 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

238290 $16.5 Million

N/A

Veterans Affairs Medical Center 2121 North Avenue Grand Junction, CO 81501

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page The Contractor shall provide the Elevator Maintenance located at the VA Medical Center Grand Junction, CO.

The estimated period of performance:

Base Year: 5/14/2020 - 5/13/2021 Option Year 1: 5/14/2021 - 5/13/2022 Option Year 2: 5/14/2022 - 5/13/2023 Option Year 3: 5/14/2023 - 5/13/2024 Option Year 4: 5/14/2024 - 5/13/2025

See CONTINUATION Page

575-3600162-6043-850100-2670 010050192

Susan Dela Cruz

VA-VHA-2020-17D99F19

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.1.1. Contract Administration: All contract administration matters will be handled by the following individuals:

B.1.1.1. CONTRACTOR: Name:

Title:

Company:

Duns Number:

Address:

B.1.1.2. GOVERNMENT: Contracting Officer 36C259 Contracting Officer Susan Dela Cruz Email: Susan.DelaCruz@va.gov Phone: 303-712-5761 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

B.1.1.3. GOVERNMENT: Program Office Representatives

TBD

Email:

Phone:

Department of Veterans Affairs Medical Center 2121 North Avenue Grand Junction, CO 81501

B.1.2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

B.1.3. GOVERNMENT INVOICE ADDRESS: Invoices shall be submitted in arrears:

c. Other [X] In arrears B.1.4. 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.

VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Network

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Invoice requirements are currently as follows: Invoice Number, Invoice Date, Purchase Order Number, Unit Price, Quantity and Unit of Measure, Total Invoice Price, Ship-To Location Name and/or code, Receipt of Goods/ Services, Invoice Payment Terms.

Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp. It states:

1.4.1. FSC Mandatory Electronic Invoice Submission: The Department of Veterans Affairs published a final rule in the Federal Register on November 27, 2012 to require contractors to submit payment requests in electronic form in order to enhance customer service, departmental productivity, and adoption of innovative information technology, including the appropriate use of commercial best practices. The rule is effective December 27, 2012.

1.4.2. Vendor Electronic Invoice Submission Methods: Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1.4.3. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, TUNGSTEN NETWORK (formerly OB10), to transition vendors from paper to electronic invoice submission. Please see TUNGSTEN NETWORK contact information below to begin submitting electronic invoices, free of charge.

1.4.4. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org).

1.4.5. Vendor e-Invoice Set-Up Information: Please contact TUNGSTEN NETWORK at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or TUNGSTEN NETWORK, please contact the FSC at the phone number or email address listed below:

a. TUNGSTEN NETWORK e-Invoice Setup Information: 1 877-489-6135 (Contact 1st) 1-470-305-4896, Option 1; and

b. TUNGSTEN NETWORK e-Invoice email: va.registration@tungsten-network.com;

c. FSC e-Invoice Contact Information: 1-877-353-9791; and

d. FSC e-invoice email: vafsccshd@va.gov

B.1.5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PERFORMANCE WORK STATEMENT

A. GENERAL INFORMATION

1. Title of Project:

Elevator Maintenance Service at the VA Western Colorado Health Care System

2. Scope of Work:

The contractor shall provide all personnel, supervision, professional expertise, vehicles, tools, materials, services, equipment and quality control to perform elevator preventative maintenance (PM), emergency repairs and assist a third-party Inspector in the annual and semi-annual operational and safety testing. Contractor shall inspect, test, calibrate and service the equipment, as required in accordance with Colorado Division of Oil and Public Safety (OPS), the latest edition of ANSI A 17, applicable codes, manufacturer recommendations, Industry standard practices, and this Performance Work Statement (PWS) in order to prevent premature equipment failures and to extend equipment life in accordance with the PWS.

3. Performance Period:

Base Year: May 14, 2020- May 13, 2021 Option Year One: May 14, 2021- May 13, 2022 Option Year Two: May 14, 2022- May 13, 2023 Option Year Three: May 14, 2023- May 13, 2024 Option Year Four: May 14, 2024- May 13, 2025

4. Place of Performance:

VA Western Colorado Health Care System, 2121 North Avenue, Grand Junction, Colorado, 81501.

B. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

1. Full Coverage Parts Repair and Replacement:

Contractor shall maintain the elevators and other lifts listed in Appendix “B”, in good operating condition throughout the term of the contract agreement. Contractor will provide full coverage for repair services and preventative maintenance (PM) to include; parts, repair and/or replacement for all components of the covered equipment unless specifically stated in #14, Exclusions.

2. Maintenance Control Program:

Contractor shall perform service in accordance with the latest edition of ASME A17. Contractor shall maintain a Maintenance Control Program (MCP) that meets or exceeds all requirements of the Colorado Division of Oil and Public Safety (OPS) and ANSI A 17. The MCP includes Contractor’s Maintenance Tasks & Records documentation which shall be used to record all maintenance, repairs, replacements and tests performed on the equipment, and is provided with each unit as required by ANSI A 17. Contractor also provides per ANSI A 17, a maintenance task procedures manual with each unit. Records of all maintenance and service call data shall be maintained in the Elevator Maintenance Control Program (MCP).

Contractor shall inspect, test, calibrate, repair and service the equipment, as required by the Colorado Division of Oil and Public Safety (OPS), ANSI A 17, other applicable codes, manufacturer recommendations, and Industry standard practices, to prevent premature equipment failures and to extend equipment life. This service may be performed separate from or in conjunction with other service.

Contractor shall provide a proposed MCP with the bid proposal, which will clearly specify each task contract personnel will be accomplishing during all preventative Maintenance (PM) visits. Upon award, this checklist will be prepared and sent to the VA Contracting Officer's Representative (COR). Paper copies of the MCP checklist will be maintained at the facility in an area accessible to and agreed upon by the contractor and VA COR or Representative, or remote access to cloud based MCP shall be provided.

3. Preventative Maintenance Program:

Preventative maintenance shall be done according to the Elevator Maintenance Control Program (MCP). PM service visits will be performed monthly and during normal business hours of Monday-Friday, 8:00AM-4:30PM, except for preventative maintenance that takes elevator S5 offline which must be done outside of business hours. The contractor shall schedule all PM visits in advance with the VA COR, to prevent interference with other contract performance and Medical Center activities.

4. Contractor Communications:

Contractor will provide dispatching service for repair crews 24-hours per day, 365 days per year. Prompt emergency service shall be provided in response to requests by telephone, written or other method, from the VA Contracting Officer (CO), COR, and/or their designee. The response time shall be within two (2) hours after notifying the contractor of the problem. This requirement shall be interpreted to mean that; once the contractor is notified, the repair technician shall be on-site, within the specified 2-hour timeframe, with proper tools, equipment and parts as appropriate for the reported problem. This requirement shall be maintained unless the VA agrees to a different response time at the time the initial problem is reported and prior to the time when the contractor is due.

5. Remote Monitoring Service:

Contractor shall be permitted, but not required, to install remote-monitoring devices on elevators to collect elevator signal outputs (i.e., cycle counters, event counters) in order to assist in maintenance and repairs. The contractor may utilize the VA’s public WIFI service to communicate with the remote monitoring devices and the company’s server.

6. Service Requests During Normal Working Hours:

Normal business hours are Monday through Friday, 8:00 am to 4:30 pm, excluding federal holidays.

Service requests are defined as; any request for dispatch of a technician to the location of the equipment covered in this agreement, from one or more of the following: CO, COR, the building or building's representative, emergency personnel, and/or passengers through the elevator's communication device and/or from a remote monitoring system.

Service requests include adjustments, repairs and response to emergency entrapments that can be accomplished in two hours or less (excluding travel time) and do not include regularly scheduled maintenance visits. Contractor will respond to service requests during normal business working days and hours, as defined above, at no additional charge. Service requests for covered components and systems completed during normal working hours shall not be billed. Repairs for covered systems that can’t be completed within two (2) hours shall be scheduled to be completed shall be scheduled to be completed within 72 hours. If parts cannot be obtained within that time period, a quote showing delivery date and a proposed schedule will be submitted to the CO and COR for approval.

7. Service Requests Outside Normal Working Hours:

Repairs completed before or after normal working hours must be pre-authorized by the CO or COR and will be paid per the overtime terms in this PWS. All work performed before or after normal working hours shall be considered Overtime. Overtime will be paid at the agreed hourly per this contract and rounded to the nearest 15-minute increment. Overtime shall not include more than 90 minutes of travel one-way.

8. Parts Supply and Storage:

All replacement parts used will be new and are to be warranted against defects in material and workmanship for 180 days. Parts removed and replaced shall become the property of the contractor. Cost of replacement parts shall be the responsibility of the contractor. Should parts not be immediately available, the contractor will notify the COR and/or his/her designee. The contractor will obtain these unavailable parts in the most expeditious manner available at no additional cost to the Government.

The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the COR or Contracting Officer. Do not store materials and equipment in other than approved areas. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

9. Tagging:

The contractor’s personnel shall be required to “tag out” the elevators anytime they are closed/shutdown for service and/or repair. The contractor shall make tags in accordance with the tag out procedure. During repairs and maintenance, tags will be placed at each elevator opening and each floor affected by the shutdown.

10. Shutdowns:

The contractor shall provide a written request, at minimum, 48 hours in advance to obtain authorization to shutdown elevators for maintenance. This authorization shall be requested by Contractor to VA COR or designee. During any elevator shutdown, the elevator shall be tagged in accordance with the tagging paragraph listed above.

11. Inspections and Testing:

Contractor will test all equipment in accordance with those periodic testing requirements as outlined in the American National Safety Code for Elevators and Escalators, ANSI A 17, which are in effect at the time this agreement is executed. The contractor shall provide all labor, supplies, load weights, professional expertise and supervision necessary to perform the periodic testing. The testing will be overseen and supported by an independent inspection contractor. The COR shall coordinate scheduling between the two companies.

12. Labor Service:

Upon arrival at the facility, the contractor’s personnel shall stop at the engineering office (Building 8) or the Police office (Building 1) and log-in using VA established procedures. When work is completed, the contractor’s personnel shall log-out.

13. Invoicing:

Failure to provide and update the MCP service report will be considered incomplete and will result in non-payment for services rendered. Payment will not be reinstated until the MCP service report has been updated.

14. Exclusions:

The following items are excluded from the monthly PM and repair service. Costs associated with these items must be preapproved by the CO or COR before any work listed below. If the contractor notices an issue with any item that is not covered but may affect elevator operation, the contractor shall inform the COR of that condition. The government reserves the right to contract any excluded work through any means available in the FAR, including but not limited to micro-purchase, modification of this service contract, or soliciting for a new service contract.

The following material costs are excluded, however labor for installation is not excluded from the contract:

Any repair part over $1,000 in cost.

The following labor costs are excluded, however material costs are not excluded, unless excluded elsewhere:

Service requests preformed before or after normal business hours; including all associated travel time and travel expenses.

The following material and labor costs are excluded from the contract:

Obsolete parts: If any part or component covered under this agreement cannot be safely repaired or is no longer stocked and readily available from either the original equipment manufacturer or an aftermarket source, that part or component shall be considered obsolete;

Cosmetic and ancillary components of the elevator system, including the finishing, repairing, or replacement of the cab enclosure, ceiling frames, panels, and/or fixtures, hoistway door panels, door frames, swing door hinges and closing devices, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes;

Electrical or electronic systems that are not part of the elevator assembly, such as main line power switches, breaker(s), electrical feeders;

Below ground or unexposed hydraulic elevator system, including but not limited to, jack cylinder, piston, PVC or other protective material; below ground or unexposed piping, or alignment of elevator guide rails;

Smoke and fire sensors, fire service reports;

Communication systems outside of the elevator car, hoistway or control room;

Entertainment devices;

Security systems components outside of the controller;

Replacement or repair of Interior car lights, including bulbs and tubes, batteries for emergency lighting;

Air conditioners, heaters, ventilation fans not installed on or in elevator equipment;

Pit pumps;

Failures or damage caused from abuse, misuse, vandalism, negligence in connection with the use or operation of the equipment, power supply issues, fire, smoke, explosions, water damage, storms, wind, lightening, theft, or other reason or cause beyond the contractor’s control that affects the use or operation of the equipment;

Pre-Existing Conditions: Within 30 days of contract award, contractor shall thoroughly inspect the equipment and may submit a list of any preexisting conditions to Purchaser. Work associated with the pre-existing conditions will be exempt from contract requirements until the pre-existing issues are corrected by the VA. The VA may modify this contract to include repair of preexisting conditions or solicit a separate contract;

Building structural and fire rating systems; and

New construction, system modifications, or upgrades.

15. Government Responsibilities:

Keys to machine equipment and elevator machine rooms shall be assigned to the contractor for the duration of the contract. Facilities Management Service shall issue the required keys.

The Government will not provide the Contractor with any furnishings, fuel storage, equipment, materials, or telephones.

Notification of Non-Compliance: The COR will notify the Contractor of any detected non-compliance with the foregoing requirements. The Contractor shall take corrective action within 24 hours after receipt of such notice. Such notice, when delivered to the Contractor at the work site, shall be deemed sufficient for the purpose of notification. If the Contractor fails or refuses to comply promptly, the CO may issue an order ceasing all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such cessation direction shall be made the subject of claim for extension of time for excess costs or damages by the Contractor.

The VA shall provide to the contractor’s authorized personnel, access to the equipment and adequate working space during the periods which the contractor has scheduled with the VAMC to perform service.

The VA shall operate the equipment in the environment for which it is intended as it relates to temperature and humidity as required by manufacturer’s specifications.

16. Safety and Environmental Protection:

The Contractor shall be responsible to ensure all work shall be done in a manner that safeguards all visitors, employees, and public. The Contractor shall be solely responsible for any and all actions initiated and/or completed by his/her employees. Furthermore, the contractor and his/her employees shall have a clear understanding of, and be sensitive to, such matters as patient privacy, environmental issues (ex. ground water contamination, air quality, etc.) and be consistent and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.

Matters related to safety, and any actions of the Contractor shall meet all safety requirements, Department of Veterans Affairs, OSHA, and the State. The facility requires approved permits before preforming any hot (thermal) work, energized electrical work, work with infection risks, or work with life/safety risks. Contact the COR if for a determination if there is any chance that work may require a permit. It is incumbent upon the Contractor to be familiar with these requirements. All hazardous materials shall be handled, stored and used in accordance with applicable NFPA, OSHA, and EPA standards appropriate for each material. An inventory of hazardous materials will be completed quarterly, and a copy will be available on site for COR review. The contractor shall submit Safety Data Sheets for materials used for maintenance/inspection and maintain the SDS list during the performance period of the contract.

Adequate warning devices, barricades, or other necessary precautions shall be provided by the Contractor at all work sites to eliminate hazards and for the protection, safety, and warning of all public visitors, pedestrians and Medical Center employees within the area.

The Contractor shall contain, clean up, and report all spills on Government property in a manner that complies with all applicable Federal, State, and Local laws and regulations or otherwise stated herein, and the installation spill control plan at no cost to the Government.

17. Fire Safety:

Applicable Publications: Publications listed below form part of this Article to extent referenced. Publications are referenced in text by basic designations only.

Establish and maintain a fire protection program in accordance with 29 CFR 1926.

Do not block exits for occupied buildings, including paths from exits to roads. Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

No flammable and combustible liquids shall be stored within the Medical Center property. Store, dispense and use liquids in accordance with 29 CFR 1926, NFPA 241 and NFPA 30.

Smoking is prohibited in all interior and exterior areas of the facility.

18. Operations and Storage Areas:

The Contractor shall, under regulations prescribed by the CO or COR, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the COR or Contracting Officer. When materials are transported in executing the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, roads, or landscaping.

Execute work in such a manner as to interfere as little as possible with work being done by others to minimize grounds maintenance activity interference with flow of Medical Center traffic, keep roads, walks and entrances to grounds, parking and occupied areas of buildings clear of materials, debris and standing equipment/vehicles at all times. At least one lane must be open to traffic at all times. Contractor must provide notice two (2) business days prior to any work that impairs vehicle or traffic flow.

Coordination of work with COR or authorized designee: The Contractor shall cooperate and coordinate with the COR or authorized designee, in arranging schedule to cause the least possible interference with Medical Center activities.

19. Protection of Existing Property The Contractor (including his or her employees, subcontractors, consultants or the like) shall be responsible for repair or replacement of any damage caused by the contractor employees or subcontractors to the Medical Center property, to include: structure, above and below ground utilities, equipment, trees, shrubs, turf, curb, road pavement, valve boxes, trees, plant beds, etc, which are chipped, marred, damaged and/or ruined at the fault of the Contractor. The Contractor shall bear all costs associated with replacement and reinstallation. The Contractor shall immediately notify the COR of any such occurrence and repair any property damage, including those that are the property of a third party resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the CO may have the necessary work performed and charge the cost to the Contractor.

20. Work Performed by Others on Site:

The Government may undertake or award other contracts for additional work at or near the site of work for this contract. The Contractor shall fully cooperate with any other contractors and with Government employees and shall carefully adapt scheduling and performance of work. Any party needing further direction shall be provided by the COR. The Contractor Supervisor shall be responsible for reporting to the COR any problems or questions that may arise with any other personnel on site during the period of performance of this contract. The Contractor Supervisor shall not take it upon him or herself to resolve any problems or issues with other on-site contractors or employees but will defer such issues to the VA COR for resolution.

21. Employee Requirements:

The Contractor shall be responsible to ensure Contracted employees providing work on this contract are fully trained and completely competent to perform the required work. All contractor personnel/technicians must have and maintain a current license from the OPS. All contractor personnel/technicians will have successfully completed service and training from the manufacturer or a manufacturer accredited school and will have acquired a minimum of three (3) years’ experience on the equipment to be maintained. A list of contractor personnel and proof of this accomplished training will be provided to the CO prior to award of a contract, and upon change in contractor personnel during the awarded contract. This documentation will be provided and approved of prior to the performance of any maintenance and/or repairs under this contractor by contractor personnel.

No unqualified employee(s) will be allowed to perform maintenance and/or repair of any equipment under this contract. Technician trainees or other unqualified individuals may assist or observe only, under the direct Supervision of a qualified Contractor official. However, such staff will not be allowed to do so if their presence delays the progress of the work to be accomplished. The Government will NOT pay for unqualified individuals or technician trainees present.

Should the need arise for contractor personnel to provide maintenance and/or repair on government owned equipment who have not been reapproved, the contractor will email a copy of the above required documentation to the CO and COR prior to the performance of any work.

Contractors and their subcontractors of any tier are required to wear personal protective equipment (PPE) in accordance with OSHA Act, 1971 and other Federal, State and Local regulations. Personnel observed in violation of these regulations may be subject to removal from the medical center. The Government assumes no responsibility for injury of contract personnel or subcontractors of any tier if the injury is a direct result of noncompliance or disregard for these regulations.

Contractor shall be responsible to provide all labor and equipment as necessary to meet deadlines. The Contractor will provide all necessary resources to complete the efforts assigned under the scope of this contract.

Upon arriving at the equipment site, contractor personnel shall follow VA established procedures to log in their name and the time of arrival. Prior to departure from the site for the day, contractor personnel will log out by entering the time of departure and ensuring that all required information is written in the log.

Employee Identification: The contractor shall comply with all policies and procedures of the Medical Center which comply with HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12. The contractor or contractor’s supervisor shall submit to a SAC (Special Agency Check) which shall include but not be limited to personal finger printing. All contractor’s personnel shall receive a temporary visitor’s identification badge that must always be worn where visible while on the premises of the Medical Center.

Contractor’s vehicles shall only park in areas approved by the COR. Workers are not allowed to park throughout the Medical Center. Parking spaces will be limited to a maximum of two (2) spaces).

The Contractor shall be responsible to ensure that his/her employees (including contractor’s consultants, subcontractors, etc.) are aware of all the terms and conditions regarding their performance and conduct during the performance period of this contract.

Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation/summons answerable in the United States (Federal) District Court, or other appropriate agency jurisdiction.

22. Permits and Licenses:

Contractor must have and maintain a current license from the OPS. The Contractor shall be responsible for obtaining all necessary and current licenses, permits, vehicular insurance and registration, Workman’s Compensatory Liability Insurance, property liability insurance etc., prior to the commencement of work. The contractor shall provide the CO copies of these required documents with his/her proposal or at other times where the COR deems necessary during the duration of the project.

23. Contractor-Furnished Items:

The Contractor shall be responsible for supplying all personnel, equipment, tools, supplies and materials necessary to perform the services required by this contract. Contractor-furnished items necessary to perform work as required under this contract shall be furnished, maintained and operated by the contractor and shall be consistent and fully compliant with all applicable OSHA, Federal, State, County, City laws, ordinances and regulations.

The Contractor shall be responsible for the supply, maintenance and repair of all contractor-owned equipment. This includes, minor maintenance/repair and minor operating parts for equipment to keep all equipment in good operational condition throughout the period of performance of this contract. No contractor equipment maintenance repairs of any kind can be done on Medical Center property without the COR(s) approval.

The Contractor shall be responsible for ensuring that all his/her motor vehicles and equipment meet State inspection, safety, licensing, registration, and insurance requirements.

APPENDIX “A” CLINS

APPENDIX “B” EQUIPMENT LISTING

1663-1

100-5

B.3 PRICE/COST SCHEDULE

Base Year May 14, 2020 – May 13, 2021

MO

Estimated QTY

Estimated QTY

Base Year Total $

Option Year One (1) May 14, 2021 – May 13, 2022

MO

Estimated QTY

Estimated QTY

Option 1 Year Total $

Option Year Two (2) May 14, 2022 – May 13, 2023

MO

Estimated QTY

Estimated QTY

Option 2 Year Total $

Page 1 of Page 1 of

Option Year Three (3) May 14, 2023 – May 13, 2024

MO

Estimated QTY

Estimated QTY

Option 3 Year Total $

Option Year Four (4) May 14, 2024 – May 13, 2025

MO

Estimated QTY

Estimated QTY

Option 4 Year Total $

GRAND TOTAL

BASE PLUS 4 OPTION YEARS

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…