36C25920Q0476.docx

RFQ 36C25920Q0476 WIFI Installation at Montana VA Health Care System, Fort Harrison, MT

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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

36C25920Q0476 06-29-2020 Monica Gary 918-577-3855 07-07-2020 14:30 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Heights Drive Muskogee OK 74401 X X 517911 1500 Employees N/A X Department of Veterans Affairs Montana VA Health Care System (MTVAHCS) 3687 Veterans Drive Fort Harrison, MT 59636 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Heights Drive Muskogee OK 74401

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Installation of Patient WIFI and provision of continuing service and maintenance at VA Medical Center and Ambulatory Care Clinic.

IMPORTANT: Vendors must review Section E. "Instructions to Offerors" for specific criteria which outline how a response may be acceptable.

$0.00 See CONTINUATION Page X X X one Monica Gary Contracting Officer 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 36C259 Monica Gary Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Heights Drive Muskogee OK 74401

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.

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

B.2 Contractor Payment Requests Contractor e-Invoice Set-Up Information: Please contact Tungsten 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, please contact the FSC at the phone number or email address listed below:

· Access the web site for more invoicing instructions: https://www.fsc.va.gov/einvoice.asp

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov Contractors can inquire on previous, current, and future payments by accessing VIS at https://www.vis.fsc.va.gov/login.aspx?ReturnUrl=%2fDefault.aspx

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Wireless internet access (WIFI), to include installation, service, maintenance and technical support, in accordance with the PWS.

Contract Period: Base POP Begin: Contract Award POP End: 09-30-2020

Wireless internet access (WIFI), to include service, maintenance and technical support, in accordance with the PWS.

Contract Period: Option 1 POP Begin: 10-01-2020 POP End: 09-30-2021

Wireless internet access (WIFI), to include service, maintenance and technical support, in accordance with the PWS.

Contract Period: Option 2 POP Begin: 10-01-2021 POP End: 09-30-2022

Wireless internet access (WIFI), to include service, maintenance and technical support, in accordance with the PWS.

Contract Period: Option 3 POP Begin: 10-01-2022 POP End: 09-30-2023

ACCOUNTING AND APPROPRIATION DATA

[Updated upon award]

B.4 PERFORMANCE WORK STATEMENT (PWS)

PURPOSE:

Contractor is required to provide consistent and reliable ongoing wireless internet access (WIFI) for use by VA patients, to include installation of equipment as well as repair and maintenance, at the Montana VA Health Care System, in accordance with this performance work statement (PWS). Services must be accomplished in a cost effective, safe, efficient and secure manner for the VA and in support of the VA Mission.

Period of Performance: Refer to the Price Cost Schedule of this contract.

Location: Service are required at the VA Medical Center and Ambulatory Care Clinic at the address listed in block 15 of SF1449, page 1 of this contract.

This is a non-personal services contract. The Contractor, it’s employees, agents and subcontractors shall not be considered government employees for any purpose. Contractor shall furnish all labor, materials, parts, equipment, tools, shipping, transportation, insurances, licenses, certifications and supervision necessary to provide services in accordance with this Performance Work Statement (PWS). The Contractor is responsible for all charges, fees, applications and procurement of all permits, licenses, registrations and certificates, pursuant to lawful application of the provision of services. For a contract of this size, scope and complexity, the successful Contractor must perform in a professional manner as recognized by commercial industry standards as good to excellent.

BACKGROUND and FACILITY The availability of wireless internet access will allow Veterans to continue their vocational and educational goals while at the Montana VA Health Care System. Easy internet access will allow Veterans to be guided through the My Healthy Vet (MHV) enrollment process and complete the In-Person Authentication (IPA) to assist the medical center in meeting their MHV enrollment goals. This access enables Veterans to learn about their conditions, healthy lifestyle practices and to monitor / track their own health status. These Veterans will be the WIFI “end users”. High level of VA patient customer service and satisfaction is important to the Department of Veterans Affairs.

Facility square footage is comprised of 177,966 square feet for the connected facility (hospital/admin bldg.) and Liberty House. The VA Medical Center has 4 floors. The Admin Building has 3 floors. Liberty House is a single floor facility.

There are no other carriers being used by the facility. The only other WIFI is VA business WIFI.

The Contractor’s hardware will not be connected to the VA Network or other Secure Networks. The Contractor’s wireless network will be separate from the hospital network to alleviate any security issues. There will be no opportunity for any breach of confidential information or access to medical records from this wireless network system installed by the contractor. Privacy or personal identifiable information will not be shared by the VA.

Office of Information & Technology (OI&T) will have no responsibility for troubleshooting or day to day operation of this wireless network.

TASKS and REQUIREMENTS: The Contractor must provide the tasks and requirements for services, during the applicable period of performance, and within the constraints of this PWS and the terms and conditions of this contract.

Contractor must install a wireless internet service that operates as a stand-alone system with no cross over to the VA medical center systems. The wireless internet system must meet the minimum specifications and be situated at the following locations:

1. Current Level of Wireless Network Bandwidth: The network must deliver 20Mbyte burstable up to 50MByte of bandwidth to end users at any given hour. The network has one router.

2. Usage and Growth Rate: The number of users varies day to day based on the number of VA patients using the wireless network. VA estimates that up to 150 people can use the network at any given hour during Standard Business Hours. The growth rate of users will be about 5% increase per year.

3. Locations:

a) Router must be located in the main communications closet (B1A-154A).

b) Wireless equipment must be installed in controlled areas and not in direct patient care areas. The equipment will not be moved to direct patient individual care areas. Diagram showing locations of the wireless network equipment are attached.

c) Access to Data Closets: Contractor employees may need to access to data closets for repair/maintenance of hardware. Contractor is required to contact OI&T through the COR prior to the Contractor arriving on site at the VA Medical Center. COR will advise Contractor if they require OI&T personnel escort them while on VA premises.

d) WIFI Coverage: Contractor must provide WIFI coverage in the following locations and as illustrated by the highlighted sections on the attached floor plans:

i) Floor 1 - Coverage is required for the following areas:

(1) Madison Clinic – Area A, 1,090 square feet – highlighted in red

(2) Outpatient Lobby- Area B, 3,000 square feet – highlighted in blue

(3) Canteen – Area C, 2,200 square feet – highlighted in green

(4) Front Lobby – Area D, 2,500 square feet – highlighted in orange

(5) Dental waiting – Area E, 175 square feet – highlighted in brown

(6) Radiology waiting – Area F, 150 square feet – highlighted in purple

(7) Outpatient Mental Health waiting- Area G, 650 square feet – highlighted in light blue

(8) Physical Therapy waiting area – Area H, 425 square feet – highlighted

ii) Floor 3 - Coverage is required for entire floor – 23,500 square feet

iii) Floor 4 - Coverage is required for entire floor – 19,000 square feet.

iv) Floor Plans - For specific coverage of WIFI refer to areas identified on floor plans attached in Section D of this contract:

(1) Floor Plan - 3rd Floor

(2) Floor Plan - 4th Floor

(3) Floor Plan – Bldg. 154 1st Floor

4. Installation: Contractor must provide installation of all hardware and cabling and install additional equipment, if replacement is needed, to provide current level of wireless network bandwidth. Contractor must conduct wireless survey before proceeding with any installation. If the Contractor elects to direct ship supplies and hardware to the Montana VA Health Care System for use during installation the Contractor’s representative must coordinate with the COR and obtain written approval prior to shipment. Contractor supplies and hardware will be kept secure during installation period. Contractor can perform uninterrupted installation and service during Standard Business Hours. For installation that is required outside Standard Business Hours the Contractor must coordinate days and times through the COR and obtain written approval from the COR at least one business day prior to commencing installation outside Standard Business Hours.

a) The telecommunications Point of Demarcation is B1A-154A. The facility’s main distribution facility (MDF) and all intermediate distribution facilities (TELECOM ROOMs) where coverage is required: MDF would be B1A-154A

b) Environmental Protection. Contractor must use HEPA filtered environmental tents in and around the medical/surgical unit, ICU, and Chemotherapy clinic. The medical/surgical unit and ICU are 24/7 units. These are located on the 3rd and 4th floor of the facility. While working in these areas, no more than two tiles are allowed to be removed at one time.

For every day that the Contractor is on site on these floors, the COR will communicate the transmission risks to the Contractor’s Representative, without breaching HIPPA and the Privacy Act. For example, areas where patients are isolated for common infections found in hospital settings.

Environmental tents are not required in lobbies, waiting rooms, hallways, etc. that are on the first floor or basements, so long as the contractor is not leaving tiles open, they are working safely, minimizing and eliminating unhealthy exposure to the public.

c) Asbestos. A large majority of the asbestos material has been removed in the facility.

d) Project requires Standard Plenum Rated CAT 6A cabling. Color standards are restricted. Blue and green cable colors are not allowed to be used for this project. Any available color outside of blue or green is acceptable cabling. Uniform/Same coloring is required throughout the project to include Cat 6A patch cables between switches and patch panel.

e) Areas needing trenching/core-drilling: areas with sleeves and non-permanent fire sealed. Trenching/core-drilling must be done outside Standard Business Hours.

f) Deliverables expected at completion of installation and prior to maintenance and support. Contractor must provide the COR with as-built drawings to show the cable runs and equipment location.

g) 6 Strand Single mode Fiber is required between DEMARC (B1A-150) and TeleCom Rooms (TR)’s.

h) There are existing cabling pathways for AP cabling.

i) There is no room on existing racks for new PoE switches. All past DEMARC will be wall mount.

j) All telecom/MDF/TELECOM ROOM rooms are available per floor for installation purposes.

k) Contractor will be able to co-locate the equipment being installed in the main DEMARC facility (MDF), intermediate DEMARC facility (IDF), and telephone rooms (TRs).

l) Space is available in all risers between floors in all buildings.

m) Enough space is available in cable ways and trays for cable distribution (if needed) throughout the buildings and between floors.

n) There is no government provided fiber interconnect available from the DEMARC to TeleCom Rooms . Wall mount lockable cabinets will be required in each of the TELECOM ROOM Closets listed below. This cabinet will contain the fiber trays, LC fiber bulkheads and the Single Mode Fiber installed to support connectivity from DEMARC to all extension Tele-Com rooms (ETR). Single Mode LC-LC fiber patch cables will be required between rack mounted fiber trays and switching equipment. Two-foot CAT 6A color matched patch cables will be required for all network connections between switches and Patch Panels where horizontal cabling is terminated.

o) Electrical power is available in the main DEMARC facility (MDF), intermediate DEMARC facility (TELECOM ROOM), and telephone rooms (TRs) at all locations.

p) Contractor can use existing IT rooms to house cabling and network equipment.

q) There will be at least 8 ETR’s requiring a lockable wall mount cabinet, Fiber patch panel/tray filled with LC bulkheads, switch equipment and horizontal cabling Patch Panel. These Closets are:

r) Ceiling height for each area of coverage: Between 8 and 12 feet. Ceiling are drop tile.

s) Walls vary from concrete, drywall, plaster.

t) Contractor must sign the Memorandum of Understanding (MOU). This will be between MTVAHCS OI&T Office and the Contractor for having an Air-Gapped Network in MTVAHCS. The MOU will outline OI&T’s position on allowing the Contractor access to areas where wireless equipment is located for technical trouble shooting, replacement, and/or repair of equipment. This MOU will indicate the data closets the Contractor will use.

u) Infection Control Risk Assessment: Refer to the attached VA Infection Control Risk Assessment (ICRA) in Section D of this contract for installation of cabling drops in the ceiling and requirements for above ceiling access/work, as a minimum.

v) Preparing for Future Services: Contractor must install hardware and equipment in a manner that allows for ease and expeditious installation of future services in adjoining buildings. This is specifically in relation to the new Primary Care building being constructed and located next to the Emergency Room. The Primary Care building will be attached to the existing buildings included in this contract. Services are not required on this contract for the Primary Care building. However, the contractor must install hardware and equipment in the building areas covered under this contract in a manner that will allow for ease of installation of hardware and equipment in the future on the adjoining Primary Care building.

5. Service: Contractor must provide consistent and reliable bandwidth services for current usage requirements as well as anticipated growth rates. The following service components and features are required.

a) Internet Service Provider. The VA does not make claim to having a preferred ISP. The Contractor must secure an ISP that satisfies the Purpose of this PWS and contractual requirements.

b) T&C acceptance on the portal splash page. Splash page has been created and is in approval stage.

c) Mandatory content filter.

d) Video streaming via the network.

e) Training of VA COR: Provide training on use of system to COR. No training will be provided to patients or visitors.

f) Passwords or access codes: Contractor must provide passwords or access codes to the COR for use by end users. Passwords or access codes shall be provided by the Contractor to the Contracting Officer’s Representative (COR). The COR will provide the access codes to approved areas to allow Veterans access to the network. The passwords will be distributed to the WIFI end users by designated VA Medical Center personnel. The VA requires the WIFI system to work much like the access now provided when a guest has WIFI access at a hotel. The VA patient will be provided with a password for access and a help line number for technical support. Additional Contractor or system password is not needed.

6. Maintenance and Technical Support: Contractor must maintain and troubleshoot all wireless access points and other wireless equipment and hardware associated with this Patient Wireless Network. This may include engaging with the internet service provider (ISP) to determine outage or problem with the ISP’s network.

a) Technical Support: Contractor must provide 24/7 technical support for end users.

i) Contractor must provide a phone number to the COR for use by the end users. VA OI&T will not be responsible for providing technical support to end users of this wireless network. All technical support must be provided by the Contractor.

b) Contractor must perform repairs and replace equipment, as necessary, to ensure service is operating per the Purpose of this PWS. Current equipment must not be removed unless it is replaced with new equipment that has same or greater performance qualities for wireless network coverage to end users. Approval must be obtained from the Contracting Officer or COR for any repair and/or replacement.

Remedy or Rework - Rework or Remedy is defined as performing the Service again until the Purpose of this PWS is achieved in full. This involves less than Satisfactory Service by the Contractor and as noted by the COR. Rework or Remedy must occur within a reasonable time, but no more than 5 business days of the notice of the rework or remedy requirement from the COR and at no additional cost to the Government.

If outages occur the Contractor will inform the COR in writing of the action plan to return the network to satisfactory operations and 100% functionality within 24 hours if wireless network is not made operable within 4 hours of incident (during normal working hours) or 12 hours of incident (during non-working hours).

The repair of the network must be completed within 3 days after the action plan is submitted. Any day after 3 days must be an agreement between the COR and the Contractor. The Contractor will credit the government/agency credit for each day the network is down after 3 days.

SERVICE REPORTS

Contractor shall provide the COR with individual Service Reports pertaining to tasks and requirements performed at the location. All Service Reports are to be signed and dated by the designated Contractor’s Representative and provided to the COR at the end of each performance. Service reports must be legible. Complete service reports must be received by the COR or CO before any invoice can be certified for payment. Contractor shall email copies of service reports to CO.

Each Service Report must legibly document the following to be considered complete:

1. Name of Contractor and contract number

1. Purchase order number / task order number

1. Contractor Service Report number/log number

1. Description of services performed during the applicable Service period or phase of requirement

1. Description of any problems during service (if applicable)

1. Test results must show source sample information and result

CONTRACT OVERSIGHT BY THE CONTRACTOR

Contractor Representative and Point of Contact - The Contractor shall specify an individual who shall serve as a single point of contact for all Contract issues. Contractor must provide the COR and Contracting Office with the Contractor’s Representative contact details, to include cell phone and email, as a minimum:

1. Within 5 business days of contract award, and

1. Within 5 business days prior to a change in the COR by the Contractor.

The Contractor’s Representative must be easily accessible by phone and return COR calls within 48hours of a voice message left by the COR.

Technical Support: Contractor shall provide contact information for end users to access technical support. This includes business cards and posters for patient rooms. The Contractor shall provide a toll-free line that will be available for end users to use to report technical issues.

The contract number shall be referenced in all communications, to include written documents and emails, for all exchanges relating to the contract.

CONTRACT OVERSIGHT BY THE VA

Contracting Officer’s Representative (COR) -Upon contract commencement, the Contracting Officer will notify the Contractor in writing as to the COR(s) assigned to this contract, and upon reassignment of a new COR, as applicable. Contractor shall only respond to requests for service from the COR or the CO. If service is requested from any source, other than the COR or the CO, the Contractor is to advise the individual of this requirement and refuse to respond. Any billing resulting from unauthorized service will not be paid by the government.

The COR will periodically evaluate the Contractor’s performance to ensure services are received in accordance with this PWS. The COR will evaluate the Contractor’s performance through review of the deliverables and Contractor’s performance. When a COR is not assigned, the CO will inform the Contractor of the locally assigned point of contact (POC) at the VA location. In this instance, the Contractor shall communicate and coordinate services through the VA POC and copy the CO on all written communications.

Authority of the COR - The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The

Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

Government Alternate Points of Contact (POC) – Emergencies Only - The COR will identify Alternate Points of Contact (POC) to be used only for instances of emergencies when the COR is not easily contactable. These will be individuals in supervisory or managerial roles within the VA department responsible for monitoring performance on this contract. The Contractor will be provided this information within 5 days of an Alternate POC being assigned. An Alternate POC does not replace the COR nor do they replace the Contracting Officer during the performance and administration of this contract, nor does it relinquish or diminish the Contractor’s requirements in relation to the performance of this Contract.

Penalties for Unauthorized Commitments: CORs, or VA POCs, who violate their delegation are subject to penalties if the violation results in an Unauthorized Commitment. An Unauthorized Commitment is an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government. (FAR 1.602-3(a)) Penalties for violations are outlined in VA Acquisition Regulation 801.690-7 and VA Handbook 7401.7. Examples of Unauthorized Commitments include but are not limited to: COR or other Program Office official directs contractor to deviate from the contract. A contractor mistakes a request from a COR (or VA POC) seeking information as an order, ships the item, the COR (or POC) does not realize it is an improper order and accepts the item rather than reject and return the item. COR (or VA POC) exceeds authority and authorizes work, additional time, money or any other type of extension on contract.

SAFETY AND COMPLIANCE: The Contractor must perform services in accordance with:

1. All federal, state and local laws, whether or not related to the performance of contract services.

1. Local, state and federal Occupational Safety and Health guidelines and legislation, to include Occupational Safety and Health Administration (OSHA);

1. Local, state and federal guidelines and legislation, as well as MTVAHCS Directives and guidelines, relating to privacy protection laws

Medical Center Directives and Policies: Each VA Medical Center has directives and policies that are updated from time to time. The COR can provide more detailed information to the Contractor of these upon commencement of the contract and throughout the term of the contract, as needed. VA universal policies include parking, possession of weapons, cell phone use, and use of photography as well as smoking on VA property. Contractor’s must comply with posted rules and signs on federal property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

QUALITY

Quality Control Plan (QCP) - Contractor will develop and maintain a quality program ensuring services are performed in accordance with commonly accepted commercial practices, and the requirements of this PWS. At a minimum, the contractor must develop Quality Control Procedures (QCP). Contractor must develop and implement Quality Control Procedures to identify, prevent, and ensure non-recurrence of defective services.

QCP - either a paper version or emailed version of the QCP must be provided to the COR and CO upon request. Contractor must be prepared to comply with requests as soon as:

1. Within 30 days of contract award, and

1. Within 30 days prior to a major change in the QCP by the Contractor.

FEDERAL HOLIDAYS AND STANDARD BUSINESS HOURS - Standard Business Hours at the VA Medical Center are between 8:00am and 4:30pm Monday-Friday excluding Federal holidays, except by special alternate arrangement, coordinated and authorized by the COR.

The Federal Government observes the following days as holidays. Federal Holidays can be found at the OPM website. At time of writing, the information can be found at https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/

The Federal Government observes the following days as holidays.

*Holidays that fall on Saturday are observed on the preceding Friday. Holidays that fall on Sunday are observed on the following Monday.

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

· Any other day designated by Federal Statute

· Any other day designated by Executive Order Any other day designated by the President of the United States to be a Federal holiday

DEFINITIONS

Acceptance Signature - VA employee who is authorized to sign-off on the Service Report Authorization Signature - COR's signature; indicates COR accepts work status as stated in Service Report.

CO - Contracting Officer COR – Contracting Officer’s Representative OI&T - Office of Information & Technology OSHA – Occupational Safety and Health Administration Service Report - a documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

Services – includes those identified in the Purpose of this PWS SOW – for the purpose of this contract SOW has the same meaning as PWS, and refers to the PWS in this contract.

VA - Department of Veterans Affairs VAHCS – VA Health Care System VAMC – Veterans Affairs Medical Center VA Mission Statement: “To fulfill President Lincoln's promise “To care for him who shall have borne the battle, and for his widow, and his orphan” by serving and honoring the men and women who are America’s Veterans.”

VHA - Veterans Health Administration

COVID-19 HEALTH REQUIREMENTS

Employee Physical Health: Contractor's employees are expected to be in good physical health and able to work in patient care areas without risk to the patients. No personnel shall be assigned to this contract who are not in good physical health or pose a risk to patients. Contractor's personnel who acquire a communicable illness shall not perform service under the contract and shall be free of illness before returning to work. All employees will be screened daily upon arriving on the VA Medical Center property, any contract worker complaining of or showing symptoms will be sent away and must quarantine for 14 days (unless they provide a Doctor’s note stating they are able to work and are not contagious).

If a contractor refuses screening, they can be denied access to the facility. 38 C.F.R. § 1.218(a)(1) vests the Secretary or his designee with authority to close facilities or portions of facilities that are under the charge and control of VA to the public. This includes the authority to prohibit contractors from entering VA facilities, if they refuse to undergo screening measures. Additionally, FAR 52.212-4(q) requires contractors to comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under contracts for commercial services and supplies.

The CDC states that employees, including contractors, with symptoms of influenza-like illness at work during a pandemic should leave the workplace. The CDC provides guidance for the workplace which OMB references in their COVID-19 guidance. The CDC recommends that employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work, or become sick during the day, should be sent home immediately. Additionally, if the employee is asymptomatic but tests positive, the employee should be sent home immediately. The responsible Contracting Officer must be notified immediately.

It is incumbent upon the contractor to familiarize themselves with Montana’s state quarantine rules by visiting the latest information on the web. Suggested sites are listed below.

a. https://dphhs.mt.gov/aboutus/news/2020/14daytravelerquarantine

b. https://dphhs.mt.gov/aboutus/news/2020/14daytravelerquarantine

c. https://covid19.mt.gov/Portals/223/Documents/Reopening%20Montana%20Phased%20Approach.pdf?ver=2020-04-22-115707-770

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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,…