36C25921Q0389.docx

36C25921Q0389

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

36C25921Q0389 08-06-2021 Monica Gary 918-577-3855 08-18-2021 13:00

CDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village

CO

80111 X 541380 N/A X Department of Veterans Affairs Sheridan VA Health Care System 1898 Fort Rd

SHERIDAN

WY

82801 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 Lab tests for water samples at Sheridan VA Health Care System.

See CONTINUATION Page X X Monica Gary Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PERFORMANCE WORK STATEMENT (PWS)

PURPOSE

Sheridan VA Health Care System requires the qualified contractor to provide laboratory services, to include water sample analysis, tests and reports, to verify water safety for VA staff and patients, while ensuring the VA Medical Center maintains compliance with VA’s environmental requirements. Services must be accomplished in accordance with the PWS, in a cost effective and efficient manner for the VA and in support of the VA Mission. Services are required for the period of performance and at the location outlined in this PWS.

This is a non-personal services Blanket Purchase Agreement. 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, transportation, insurances, licenses, certifications and supervision necessary to provide services in accordance with this Performance Work Statement (PWS). This includes all sample bottles, shipping/storage containers, labels, and required paperwork for tracking and testing purposes as required by individual tests.

Period of Performance: refer to the Price Cost Schedule of this Blanket Purchase Agreement for the period of performance dates and frequencies. Service dates and quantities will be outlined on funded task orders.

Location: refer to block 15 of page 1 (SF1449) of this Blanket Purchase Agreement.

QUALIFIED CONTRACTOR

To fully qualify in performing services on this Blanket Purchase Agreement, and per this PWS, the Contractor must demonstrate, and maintain throughout the life of the Blanket Purchase Agreement, the following qualifying requirements:

1) have experience with facility of a similar size, capacity and nature as the VA Medical Center in Sheridan, WY, such as where the facility uses water treatment plant systems that provide water to specialized medical services, and

2) laboratory certification in the Safe Drinking Water Act, specific to the State of Wyoming (refer to EPA Region 8 Certified Drinking Water Laboratories, https://www.epa.gov/region8-waterops/epa-region-8-certified-drinking-water-laboratories) .

3) laboratory shall be qualified to perform endotoxin LAL tests and laboratory must maintain testing timeframes. Endotoxin LAL tests are the only tests in this Blanket Purchase Agreement that are not required to be accomplished by an EPA R8 qualified laboratory. Refer to the Tasks and Requirements, and

4) any other EPA and WDEQ potable water analysis certification requirements for laboratory and technicians to perform services of this nature, and

5) operational capability to be able to receive and deliver samples within 24 hours of samples being taken at facility, and

6) logistical operations that are free from restrictions and risks that may unnecessarily delay analysis of time-sensitive samples. For example, chlorine level dissipates rapidly therefore growth in sampling would not be representative of the true coliform count if the samples failed to reach the laboratory in time for accurate and true analysis. Consideration must be given to potentially unreliable local mail distribution and shipping, and hindrances from inclement weather, or other logistical factors surrounding Sheridan’s remote location which may cause delays.

If Contractor elects to use a subcontracted laboratory the same qualifying requirements in 1) through 5) above apply to the subcontracted laboratory. Contractor must provide current laboratory qualifying certifications to the Contracting Officer (CO) and COR upon award and provide immediate written notice to the CO and COR within 5 days following any change in certification, applicable to this Blanket Purchase Agreement and PWS. This includes any change in qualifying requirements for all subcontracted laboratories.

TASKS and REQUIREMENTS Contractor is required to perform analysis of water samples for the following list and per EPA and WDEQ requirements. Not every analysis is required during each period of performance on this Blanket Purchase Agreement. Refer to the Price Cost Schedule for commencement of service frequency per analysis. Contractor will make every best effort to space the performance of each analysis within reasonable time frames between tests. Contractor must make every effort to avoid back-to-back analysis so that the VA obtains value for money as well as maintaining safety.

1. Total Coliform (RTCR) Bac-T – Monthly – 12 (NOTE: Must retest within 24 hours of failure)

2. Nitrate (NO3) – Annually – 1 (NOTE: Must retest within 24 hours of failure)

3. Inorganic Chemicals (IOC) – Annually – 13 per EPA Region 8 Directives (NOTE: Must retest within 24 hours of failure). Refer to Special Note 2 below.

4. Volatile Organics (VOC) – Annually – 21 (NOTE: Must retest within 24 hours of failure). Refer to Special Note 2 below.

5. Synthetic Organic (SOC) – Once during 3-year period – 1, Fall of 2023. Refer to Special Note 2 below.

6. DBP (TTHM/HAA5) – Every 90 days - 10

7. Lead/Copper – Annually - 10

8. Heterotrophic Plate Count - 176 for VA Dental and VA Sterilization Processing Services (SPS). Refer to Special Note 1 below.

9. Total Organic Carbon (TOC) - Monthly – 12 for VA SPS

10. Endotoxins – Limulus Amebocyte Lysate (LAL) test for SPS water sampling. 12 for SPS. Refer to Special Note 3 below.

Special Note 1: Heterotrophic Plate Count services may require more than the typical frequency to obtain the desired results, therefore quantities in the Price Cost Schedule for these are estimated quantities only and the VA is not obligated to order more than the minimum identified in the Ordering clauses of this Blanket Purchase Agreement. Contractor must provide sample bottles and chlorine neutralizing tablets. VA Dental has never had issues in the past with residual chlorine when using neutralizing tablets.

Special Note 2: For VOC, SOC and IOC refer to the “Monitoring and Reporting Requirements for the Calendar Year 2020” (attached, Section D) for how to test and report these requirements. Any subcategory chemicals and compounds required for VOC, SOC and IOC tests should be clarified by contacting the EPA Rules Manager on the attached document.

Special Note 3: Endotoxin LAL tests must remain in compliance with AAMI Technical Information Report (TIR) 34: 2014/(R)2017, Water for Reprocessing of Medical Devices. The governing entity is Association for the Advancement of Medical Instrumentation (AAMI). Samples must arrive at laboratory within 48 hours of sampling.

Ordering Services for Estimated Quantities: Written orders will be placed on a funded task order. Refer to Ordering clauses in Blanket Purchase Agreement. The COR is designated by the Contracting Officer as the primary ordering official to place verbal orders (i.e. “oral” orders) with the Contractor’s Representative, for Heterotrophic Plate Count services, as needed and not exceeding the maximum quantities or maximum amounts in the Price Cost schedule corresponding to these services. All verbal orders must be confirmed in writing by the COR to the Contractor’s Representative within 48 hours of the placement of each verbal order, with respective Service Reports provided by the Contractor’s Representative upon completion of service. Refer to section in this PWS for Service Reports as well as the Ordering clauses in this Blanket Purchase Agreement.

Collection of Samples: VA representatives will sample water and have samples delivered to the Contractor. COR will phone the Contractor with details of each shipment at time of dispatch with an estimated time of arrival (ETA) at Contractor’s location. COR will follow up with an email to the Contractor, confirming the same details, with a copy to the CO. Samples shall always be transported in beverage cooler to prevent freezing in winter or overheating. Samples shall be put on ice in beverage cooler if ambient air temperature will be above 65 degrees Fahrenheit.

Historically, the contractor provided sample bottles, a cooler and all the paperwork. All samples, in the past, had to be iced upon taking the sample back to laboratory. Historically, the laboratory has been local to the VA medical center – less than thirty-minutes driving distance - allowing flexibility in mode of delivery of the samples to the laboratory and for necessary retests. This added convenience provided peace of mind for the VA by reducing the risk of inaccurate testing and reduced duplication of effort for VA staff. If the contractor is outside the thirty-minute driving radius from the VA then contractor must consider the effort and responsibility for ensuring tests are not compromised and inclement weather is does not hinder shipment, while maintaining efficient and effective modes of shipment of samples between the VA and the contracted laboratory.

If the contractor’s laboratory is outside a thirty-minute driving radius from the VA medical center then the contractor must provide a cooler and shipping labels to the VA, along with a convenient, effective and efficient mode of shipment. Contractor must provide a means by which the samples are transported to the contractor’s laboratory. The VA staff shall put the samples in the cooler with ice. If the contractor uses a subcontracted commercial courier (for example, UPS*, FEDEX*, Sheridan Express LLC* etc.), then the courier company must be located within thirty-minute driving radius from the VA medical center so VA staff can take the samples to the subcontracted commercial courier for shipment to the contractor’s laboratory. (*VA is not endorsing or promoting these vendors. The vendor names are provided as examples only to illustrate the required outcome.) It is not an acceptable option for the contractor’s subcontract commercial courier to collect samples from the VA medical center.

Alternatively, the contractor or contractor’s laboratory may elect to be the primary shipper and collect the samples directly from the VA staff at the VA medical center by scheduling this in advance through the COR by phone, followed up with an email to the COR, copy to the CO.

The contractor must provide sample bottle shipping to the VA.

COMPLIANCE REQUIREMENTS: Contractor shall ensure that their services, to include labor and equipment and subcontractors, used in the performance of this Blanket Purchase Agreement conform and comply with the latest industry service standards, information, guidance, regulations and publications of the following:

1) Federal and Wyoming Safe Drinking Water Acts

2) Federal, State and local regulations governing Testing and Servicing of Water Systems.

3) all applicable State Department of Health rules, regulations, policies and procedures established under these laws to include ensuring that all water quality monitoring samples required by these acts are collected and submitted to the State Department of Health or other certified laboratory for analysis

DELIVERABLES: The contractor is responsible for providing the following Deliverables as part of the services of this PWS. Any Deliverable that is to be communicated electronically can be done via email but must not be more than 5mb in capacity due to VA electronic limits. Additionally, VA restricts use of flash drives and USB.

Qualified Contractor Point of Contact (POC) The Contractor shall specify an individual who shall serve as a single point of contact for all Blanket Purchase Agreement issues (POC). Contractor must provide the COR and Contracting Office with:

a) the POC contact details, to include cell phone and email, as a minimum,

b) copies of all POC qualifications

These must be provided to the COR and Contracting Officer:

a) upon Blanket Purchase Agreement award,

b) within 2 business days prior to a change in the POC by the Contractor

The POC must be easily accessible by phone and return COR calls within 24hours of a voice message left by the COR.

Service Reports: Contractor shall provide a complete written report fully describing all laboratory analysis respective details. Contractor must email a PDF (adobe) report to the COR within 10 working days of each laboratory analysis. Emailed reports shall not exceed 5mb per email. In the event, a report exceeds 5mb and cannot be transmitted, the Contractor shall coordinate with the COR on providing a mutually agreeable delivery method, e.g. courier services or hand delivery. All Service Reports are to be signed and dated by designated Contractor staff.

QUALITY

Safety The Contractor must perform services in accordance with:

a) local, state and federal Occupational Safety and Health guidelines and legislation, to include Occupational Safety and Health Administration (OSHA), the American National Standards Institute (ANSI) safety guidelines, and any VA Medical Center Directives;

b) local, state and federal Fire and Safety legislation and guidelines, to include VA Medical Center directives and legislation on Fire and Safety;

c) all other Conformance Standards identified in this PWS

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 Blanket Purchase Agreement and throughout the term of the Blanket Purchase Agreement, as needed. VA universal policies include parking, possession of weapons, cell phone use, and use of photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

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. In the event climate or weather conditions make it unsuitable for Services, the entire service date will be re- scheduled to a date and time mutually agreeable to the contractor and the COR. Postponement as a result of these circumstances will not reflect any penalties assessed to the Contractor or to the Government.

PERSONNEL STANDARDS AND REQUIREMENTS

At all times during performance of Services, in accordance with this PWS, the Contractor must ensure Contractor personnel:

1) Be familiar with and compliant with this PWS and BPA requirements.

2) Maintain a neat, clean, professional appearance

3) Compliant with parking requirements at the VA Medical Center and park only in the designated parking areas as assigned by the COR.

4) Maintain Decorum at all times. During the performance of services care and consideration must be given to VA visitors and staff. All Services must be performed with minimal disturbance or hindrance to VA Medical Center visitors and staff, specifically maintaining the requirements identified in the Purpose of this PWS.

Contractor shall not be considered government employees for any purpose.

SECURITY PROCEDURES AND OPERATING HOURS

Check In/Out Procedures Prior to commencement of services, and when visiting the VA Medical Center, the Contractor or Contractor’s authorized Field Technician, must check in and out with the COR as well as obtain a visitors badge from the VA Police. Only individual VA management staff, as delegated by the COR, can coordinate check in and check out procedures for the Contractor in the absence of the COR. Due to heightened security requirements, the Contractor or their authorized service representative will be required to wear an ID Badge which will be signed for upon arrival and turned in when leaving. All Badges must be worn at or above the waist and facing forward. This Badge must be turned in before leaving the premises; otherwise the person signing for it will be required to pay for the unreturned ID Badge.

Standard Business Hours and Federal Holidays: Blanket Purchase Agreement performance must occur between 8:00am and 4:30pm Monday-Friday excluding Federal holidays, except by special alternate arrangement, coordinated and authorized by the COR. Contractor must coordinate all services with the COR 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

CONTACT POINTS

Contracting Officer’s Representative (COR) Upon BPA commencement, the Contracting Officer will notify the Contractor in writing as to the COR assigned to this Blanket Purchase Agreement, 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.

Authority of the COR The Contracting Officer is the only person authorized to approve changes in any of the requirements of this Blanket Purchase Agreement. 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 Blanket Purchase Agreement 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 Blanket Purchase Agreement, and/or modify any term or condition of the Blanket Purchase Agreement. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed Blanket Purchase Agreement can be incurred before receipt of a fully executed Blanket Purchase Agreement 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 FMS department. The contractor will be provided this information within 5 days after Blanket Purchase Agreement award and within 48 hours of a change to this information. An Alternate POC does not replace the COR nor do they replace the Contracting Officer during the performance and administration of this Blanket Purchase Agreement, nor does it relinquish or diminish the Contractor’s requirements in relation to the performance of this Blanket Purchase Agreement.

DEFINITIONS

Acceptance Signature - VA employee who is authorized to sign-off on the Service Report which indicates that the PMR has been concluded or is still pending completion, or that the Emergency Repair has been accomplished or is still in a pending status.

ANSI - American National Standards Institute Authorization Signature - COR's signature; indicates COR accepts work status as stated in Service Report.

CDC – Centers for Disease Control and Prevention CO - Contracting Officer Consumables – may be items, such as but not limited to, water additive chemicals, HV – lubricants (grease, oil), batteries, air filters, water filters, cleaning chemicals/materials Contractor Employees – has the same meaning as Contractor Personnel Contractor Personnel - has the same meaning as Contractor Employees COR – Contracting Officer’s Representative EPA – US Environmental Protection Agency FDA - Food and Drug Administration (U.S. Department Of Health And Human Services) Field Technician - a person who is authorized by the contractor to perform services on VA premises. Also known as Technically Trained Personnel.

ISO - International Organization for Standardization Labor – refer to Technically Trained Personnel, also Field Technician NFPA - National Fire Protection Association.

O.E.M. or OEM – Original Equipment Manufacturer. The actual manufacturer and point of origin of the equipment. The OEM provides schematics and standards for maintenance and repair of the equipment, and equipment shall be maintained in accordance with these practices.

Original Equipment Manufacturer - OEM OSHA – Occupational Safety and Health Administration “outlet” or “outlets” - the points in the water distribution system where the end user comes in contact with the water (e.g. faucets and showers) PWS – Any reference to PWS in this Blanket Purchase Agreement means “performance work statement” and is not to be confused P.W.S. which also known in industry to mean potable water system. This is a performance based service acquisition. Further details can be obtained in FAR Part 37.6.

SDS - Safety Data Sheet Service Report - a documentation of the services rendered for each incidence of work performance under the terms and conditions of the Blanket Purchase Agreement.

Services – includes those identified in the Purpose of this PWS SR –Service Report Technically Trained Personnel – are personnel and/or employees who shall be suitably knowledgeable in the field related to the services in this PWS in order to satisfactorily perform services in accordance with the PWS. The contractor shall provide personnel experienced and qualified to perform the required services in accordance with industry practices and standards. Also known as Field Technician. For example, this could mean Technically Trained Personnel are also known as Contractor Personnel or Contractor Employees or Technicians.

UL – Underwriters Laboratories VAMC – Veterans Affairs Medical Center VA - Department of Veterans Affairs 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 WDEQ – Wyoming Department of Environmental Quality

B.2 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 Blanket Purchase Agreement 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 Blanket Purchase Agreement 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 Blanket Purchase Agreement 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 Blanket Purchase Agreements 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 state quarantine rules by visiting the latest information on the web. Suggested sites are listed below.

https://www.va.gov/coronavirus-veteran-frequently-asked-questions/

B.3 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH the Department of Veterans Affairs:

B.4 DESCRIPTION OF AGREEMENT

Under this agreement, the BPA holder shall provide Water Sample Laboratory Testing Services for Sheridan VA Health Care System (Sheridan VAHCS), Sheridan, WY, as ordered on individual Task Orders (TO).

B.5 TERM OF BPA

This BPA is established for a period of five years from the date of award/effective date listed in block 3 of the SF1449. This BPA expires on 05-14-2026 or such later ending date as determined by the exercise of any option. The Government shall conduct an annual review of the established BPA. Upon completion of the annual review, a determination will be made whether or not it is in the best interest of the Government to continue with performance of this BPA.

B.6 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

B.7 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is only obligated to the extent of authorized Task Orders (TO) issued under this BPA.

The Government does not guarantee that it will place any order under this agreement. A contract is NOT created at the time the order is placed and the contractor has neither the contractual obligation to perform, nor does the Government have authority to enforce performance or any obligation to place orders under the BPA. If the contractor cannot be reached or does not respond within 5 days of an emailed order to the contractor’s main representative the VA will seek alternate methods to obtain the required outcome of service. Additionally, if the contractor is not able to meet the time and date needed, the contractor should provide written notice to the Contracting Office and the VA local POC which specifically states that the order request is declined.

B.8 PRICE/COST SCHEDULE

The Contractor shall provide pricing for three or more orderable items in the Price Schedule spreadsheet attached in Section D.

B.9 AUTHORIZED USERS

The Contracting Officer is the only authorized user to place orders under this BPA. BPA holders shall not accept or perform any purported order that does not contain an order number.

B.10 ORDERING

Task orders (TOs) will be placed against this BPA using official email messages. Each individual BPA Order will describe the tasks, services and deliverables required.

B.11 PURCHASE LIMITATIONS

Individual TOs may not exceed $40,000 each.

The Price Ceiling is $180,000 over the life of the BPA.

B.12 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 Payment requests may be impacted, along with the active status of the contract, if contractor fails to maintain SAM registration, has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract. Refer to FAR clause 52.204-13 for compliance requirements.

B.13 AUTHORIZED REPRESENTATIVES

The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

The Secondary Contracting Officer's Representative (COR) for projects under this Agreement is:

The Primary and/or Secondary COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and the Contractor's Representative shall work together to ensure that all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

The contractor shall immediately notify the Contracting Officer in writing if the COR has taken an action (or fails to take action) or issues directions (written or oral) that the contractor considers to exceed the above limitations.

The contractor shall provide the Contracting Officer information copies of all correspondence to the COR.

B.14 MANAGEMENT CONTROL

The BPA holder shall provide to the Contracting Officer (CO) a list of all teaming partners or subcontractors within 5 calendar days after order award. As subcontractors and/or teaming partners are added, and/or deleted, an updated listing will be provided to the CO within 5 calendar days of such change. All BPA holder personnel shall display identification badges at all times while charging hours to the order or at a government or government contractor location. Authorized Government personnel shall accompany all visits to Program Offices, unless other specific arrangements have been made.

B.15 GENERAL SERVICES ORDERS

a. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Performance Work Statement (PWS) within the terms specified and at the price(s) stated.

36C25921Q0389

b. It is understood and agreed that the BPA holder shall provide Fixed-Price quotes when requested by the Contracting Officer (CO). The contractor's quote shall be priced using labor rates and labor categories here in provided.

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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…