36C25923Q0184.docx

36C25923Q0184

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.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25923Q0184 02-17-2023 Tiffani Perkins 918-577-3261 02-24-2023 10:00

CST

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Heights Drive Muskogee

OK

74401 X X 541380 $16.5 Million N/A X Department of Veterans Affairs Oklahoma City VA Health Care System 921 Northeast 13th Street Oklahoma City

OK

73104 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 Sterile Processing Water Quality Testing at Oklahoma City VA Health Care System, Oklahoma City, OK.

Respond to Solicitation: Email Tiffani.Perkins@va.gov by date and time in block 8.

Evaluation of Solicitation:

1. Price.

2. As per VAAR 852.219-77 return signed "Certification of Compliance for Services".

See CONTINUATION Page X X Mitchael Purdom

VA-VHA-RPOW-2022-249455

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 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.

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

B.2 PERFORMANCE WORK STATEMENT (PWS)

Page 1 of Page 1 of Sterile Processing Water Quality Testing Department of Veterans Affairs (VA) Veterans’ Health Administration (VHA) Oklahoma City VA Health Care System

PURPOSE: Oklahoma City VA Health Care System has a requirement for the monthly collection and testing of critical and utility water in the Sterile Processing Service area in accordance with AAMI TIR 34, in an efficient and cost-effective manner, supporting the VA mission.

This is a non-personal services contract. The Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose of fulfilling the PWS and shall be considered employees of the Contractor. 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).

SERVICE LOCATION:

921 N.E. 13th St, Oklahoma City VA Health Care System TASKS and REQUIREMENTS:

3.1 Contractor will come to the Oklahoma City VA Healthcare System to collect water samples in secured areas of the Oklahoma City VA Healthcare Sterile Processing Service area. Reports will be supplied electronically and hard copy.

3.2 Critical and utility water will be collected and tested monthly for HPC & TOC:

3.2.1 Heterotrophic Plate Count (HPC) six tests to be performed monthly.

3.3 Endotoxin (LAL) testing will be required annually and upon installation, modification, or repair of the critical water treatment system or when persistent increased microbial levels are detected by HPC.

3.4 Locations:

Decontamination Area

Boiler Plant (incoming water from city)

1 sample

HPC

*Each sink has cold water/hot water and Deionize water

** Endotoxins required initially and as needed for positive HPC samples

Total Samples

13 samples ***

HPC

3.5 Testing Requirements

3.5.1 OKC VA/SPS requires water testing to occur between 7:00am and 8:30 am local time to ensure water testing does not interfere with SPS workflow due to safety reasons or risk of workflow causing contaminated sample. The decontamination side has contaminated sharp instruments and the washer disinfector continually runs throughout the day. It is not safe to access while it is operating. The sterilization side has two sterilizers running and not safe to enter the access area while these are in operation.

3.5.1.1 OKC VA SPS will coordinate and schedule sampling date and time with contractor.

3.5.1.2 Sampling needs to occur before the 20th of each month.

3.5.2 Required- collection of samples will be performed in full compliance with facility PPE practice and policy. The OKC VA SPS will supply the required PPE which vendor staff is required to wear due to decontamination and sterile prep standards.

3.5.3 Water samples should be performed using the criteria below:

3.5.3.1 Contractor required to provide trained staff to perform sample collections.

3.5.3.2 Water samples should be collected directly from outlet taps or designated ports situated in different parts of the water distribution system using aseptic technique.

3.5.3.3 Sample taps should be treated with disinfectants prior to sampling. Disinfectant will be provided by the OKC VA SPS.

3.5.3.4 The sample should not be collected until the disinfectant has evaporated. The sample should not be collected until dwell time is complete for chemicals used.

3.5.3.5 The sample taps must be opened, and the water allowed to run for at least 60 seconds before a sample is aseptically collected in a sterile, endotoxin-free container per AAMI Tier 34 standard.

3.5.3.6 At least 100 mL of water should be collected.

3.5.3.7 Bacterial replication shall be prevented by holding the sample on ice (or at 4°C [39.2°F]) until it is delivered to the laboratory for testing.

3.5.4 Required- unscheduled Event related collections may be required to be collected on weekends and federal holidays.

3.5.5 REQUIRED-Sampling for SPS water quality of Utility and Critical water:

3.5.5.1 Laboratory and Chemical Analysis:

3.5.5.1.1 Requirements for testing per TIR 34 A.5.3 Quality Characteristics

3.5.5.1.1.1 Bacterial (HPC)

3.5.5.1.1.2 Endotoxin (LAL)

3.5.5.1.2 Requirements and Procedures for Sampling of SPS water lines for HPC and Endotoxin (LAL):

3.5.5.1.2.1 The contractor shall be certified by the Environmental Protection Agency or a State environmental protection agency to perform environmental sampling that includes heterotrophic bacterial testing (Aerobic).

3.5.5.1.2.2 The contractor shall utilize the Standard Spread Plate Method 9215C using R2A agar.

3.5.5.1.2.3 The contractor will provide an outline of their actual testing procedures with their technical quote.

3.5.5.1.2.4 Proof of certification and outline of actual testing procedures must be provided before acceptance of the contract.

3.5.5.1.2.5 Sampling results shall report the number of colony forming units of heterotrophic water bacteria per milliliter of water (cfu/ml).

3.5.5.1.2.6 Sampling results shall report the number of endotoxin units per milliliter of water (EU/ml).

3.5.5.1.2.7 Endotoxin testing must be in compliance with use of Limulus Amoebocyte Lysate testing as listed in AAMI TIR 34:. Please reference paragraph 5.2

3.5.5.1.3 Bacteria in water readings of less than 1CFU may be recorded as <1CFU. Critical water quality HPC results > 10 CFU/ml and/or LAL results >10 Eu/ml and/or TOC results > 1.0 mg/ml are required to be immediately (<24 hours) notified by both telephone and email to identified BVA Point of Contacts.

3.5.5.1.4 REQUIRED- Testing should be conducted and resulted in less than 7 days. Parameters for HPC, LAL and TOC testing as listed in AAMI TIR 34:2017 and referenced above in 3.5.5.1.3.

3.5.5.1.5 Contractor shall provide all sample analysis reports via e-mail to the assigned Points of Contact within the OKC VA SPS service within 7 calendar days including weekends and holidays of receiving the sample.

3.5.5.1.5.1 If the 7th day falls on a weekend or federally observed holiday, the reports shall be provided no later than the next normal business day.

3.5.5.1.6 Analytical reports shall include a signed copy of the chain of custody, identification of sampling locations, method detection limits, and a description of test methodology. Dates and times of sampling and testing are required to be included in the reports.

3.5.6 The contractor shall furnish all sample collection bottles and return shipping labels, all transportation costs, and resources necessary to perform for AAMI compliance with water quality testing.

3.5.6.1 Sample collection bottles and containers must be sterile, appropriate for the analysis, properly preserved, and placed on ice ready to transport to laboratory for prompt (defined as within the 8-24 hour time frame as long as transferred appropriately on ice) transportation to the laboratory under strict chain of custody procedures. The collection container cannot be made of polypropylene because polypropylene has been shown to inhibit endotoxin detection.

3.5.6.2 The temperature and time of the water specimens upon delivery and the times testing was started shall be included in the chain of custody.

3.5.6.3 Contractor shall provide submittals of water testing equipment and lab certification that they intend on using to carry out the requirements of this contract prior to awarded contract and during contract if testing equipment or lab certification changes. Submittals will then be evaluated to ensure that equipment is appropriate and certified.

3.6 Retesting

3.6.1 In the event that retesting is required, the contractor shall be available to draw samples and begin retesting within 48 hours of notification or on the next testing day as described in 6.0 of this SOW.

3.6.2 Retesting is at the discretion of the Contracting Officer’s Representative and will be based on accurate findings at the same rate as the initial test.

3.6.3 Retesting will not be conducted on Fridays, Saturdays, Sundays, or Holidays.

3.6.4 Retesting resulting from inappropriate handling by contractor of samples or inaccurate testing procedures shall be done at no additional cost to the Government.

3.6.5 Additional sampling due to positive test results is included on CLINS 0004, 1004, 2004, 3004 and 4004:

3.6.5.1 Should the quantity listed in the price schedule be exceeded, additional tests are considered outside the scope of this contract and shall be procured using other means.

3.7 Reporting

3.7.1 Chain of Custody Requirements

3.7.1.1 The form will have actual signatures for transfer.

3.7.1.2 The form will have date and time of all transfers.

3.7.1.3 The form will include temperature of the samples requiring temperature control at the point of sampling and each transfer.

3.7.1.4 Note time sensitive samples from sample taken to plating the sample must follow all standards in 2.0 of this SOW.

3.7.1.5 Report form will have column titles at the top of each column that identify standards for low to high limits.

3.7.2 Reporting requirements

3.7.2.1 At the time of sampling, the contractor shall provide the following:

3.7.2.2 Name of person collecting the sample

3.7.2.3 Date & time

3.7.2.5 Date of analysis

3.7.2.6 Laboratory and person responsible for performing the analysis

3.7.2.7 Analytical technique/method used

3.7.2.8 Results of analysis

3.7.2.9 Temperature of sample

3.7.2.10 Building number, room number, room name

3.7.3 Any discrepancies found on reports missing required information from 3.7 are required to be corrected within 2 days. A trend (defined as two or more instances of discrepancies) may result in notice of concern or other action as determined by the Contracting Officer.

3.7.4 Results, in AAMI standard units, shall be provided to the Government POC within 7 days of the sample taking. Contractor Analytical reports shall include a signed copy of the chain of custody and identification of sampling locations. Sample analysis reports must be provided within 7 calendar days of the lab receiving the samples. If the 7th day falls on a weekend or federally observed holiday, the reports shall be provided no later than the next normal business day.

3.7.4.1 Results shall be provided via electronic and hard copy/paper.

3.7.4.2 Contractor required to make notification of any critical water sampling results of HPC >10 CFU/ml, and/or LAL >10 EU/ml and/or TOC > 1.0mg/ml. Notification will be made within 24 hours or 1 working day of making this determination.

4.0 Emergency Services and other tests

4.1 Emergency Services for retesting (paragraph 3.6) and for Endotoxins (3.3) will be covered in CLINS 0002, 1002, 2002, 3002 and 4002. This is on a case-by-case basis and follows limits: parts/services above $2,500.00 and up to $25,000.

4.2 Endotoxin test is covered under CLINs 0002, 1002, 2002, 3002 and 4002 only upon installation, modification, or repair of the critical water treatment system or when persistent increased microbial levels are detected by HPC.

4.3 Prior to engaging in service or repair under this paragraph the contractor shall obtain written approval from the CO (funds are not available on subject CLIN) or the Government POC/COR (funds are available on subject CLIN). Email is an acceptable form of written approval. Any work performed without CO or COR/Government POC approval shall not be approved for payment and considered and Unauthorized Commitment. Testing shall be conducted IAW with rates found in the subject CLIN unless further discounts are applied.

5.0 Contractor Qualifications

5.1 The Contractor services shall be performed by trained and qualified personnel using aseptic techniques and performed in accordance with manufacturer’s guidelines.

5.2 The testing laboratory processing the water samples for AAMI compliance with water quality must be certified by the Centers for Disease Control and Prevention (CDC) Environmental AAMI compliance with water quality Isolation Techniques Evaluation program as proficient at performing the culture of AAMI compliance with water quality from environmental samples.

5.3 The laboratory must have environmental microbiology accreditation by a nationally recognized accrediting body. Proof of certification must be provided before acceptance of contract.

6.0 Other General Information

6.1 Hours of operation and scheduling

6.1.1 Normal hours of coverage are Monday through Friday from 7:00 am to 4:30 pm, excluding holidays.

6.1.2 Testing shall occur as described in 3.5.1 above. All other services will be performed during normal hours of coverage unless requested or approved by Government POC or SPS POC.

6.1.3 Federal Holidays observed by Veterans Health Administration are: New Years' Day, Labor Day, Martin Luther King Day, Columbus Day, Presidents' Day, Veterans' Day, Memorial Day, Thanksgiving, Independence Day, Christmas Day, and Juneteenth.

6.2 Testing Coordination

6.2.1 OKC VA SPS Chief: Will be provided at time of contract award

6.2.2 Government POC: Will be provided at time of contract award

6.3 Place of Performance: Sample collection will be obtained in the SPS Department at Oklahoma City VA Healthcare Center located at 921 NE 13th st. Oklahoma City, Oklahoma 73104.

6.4 Privacy

6.4.1 The Contractor will not have access to protected Patient Health Information (PHI) nor will they have capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage device will remain in VA control and will not be removed from VA custody. All research data available for Contractor analysis is de-identified.

6.5 Security and Safety

6.5.1 Information Technology Security: The contractor will not have access to VA Desktop computers. They will not have access to online resources belonging to the VA or the U.S. government.

6.5.2 Security:

6.5.2.1 The certification and accreditation (C&A) does not apply.

6.5.2.2 The Contractor’s field service employee will wear visible identification issued by the VA Police Service.

6.5.2.3 Identification, Parking, Smoking and VA Regulations:

6.5.2.4 It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Service. The OKC VA will not validate or make reimbursements for parking violations to the Contractor under any conditions. Smoking is prohibited on OKC VA campus.

6.5.2.5 Possession of weapons, illegal drugs & alcohol is prohibited.

6.5.2.6 Enclosed containers, including tool kits, shall be subject to search.

6.5.2.7 Collection team will be escorted into SPS restricted access areas.

6.5.2.8 Contractor takes all responsibility of their staff while on OKC VA property.

6.5.2.9 Contractor responsible for any damage to property whether personal, private or government owned. Contractor responsible for actions of their workers.

6.6 Records Management

6.6.1 Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

6.6.2 Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

6.6.3 Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

6.6.4 Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

6.6.5 Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6.6.6 The Government Agency owns the rights to all data/records produced as part of this contract.

6.6.7 The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

6.6.8 Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

6.6.9 No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

7.0 Task Orders

7.1 All worked performed under this contract shall only be performed by the contractor via Government issued task orders award against the base contract.

7.2 The Task Order will include the line items, quantities and associated pricing. All pricing shall be determined directly from the base contract Pricing Schedule.

7.3 The Task Order will include the location of the work, and an effective start and ending dates for the period of performance.

7.4 Invoices will be paid upon satisfactory completion of all project-specific tasks, requirements, and acceptance. Individual purchase order numbers will be issued on each task order for invoicing purposes.

STANDARD BUSINESS HOURS: Standard business hours at this location occur between 8:00am to 4:30pm, Monday through Friday, excluding Federal holidays.

FEDERAL HOLIDAYS: Federal holidays are any calendar days designated by statute or executive order as federal holidays, and as presented on the OPM website for the respective year in which services are to be performed. Refer to U.S. Office of Personnel Management, at OPM.gov. Federal holidays consist of New Year's Day, Martin Luther King Jr's birthday, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving and Christmas. 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

CHECK IN/OUT PROCEDURES: Prior to commencement of and immediately after each service visit the Contractor or Contractor’s authorized representative must check in and out with the local VA POC. Only individual VA Engineering Services staff, as delegated by the local VA POC, can coordinate check in and check out procedures for the Contractor in the absence of the local VA POC. Due to heightened security requirements, the Contractor or Contractor’s 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. When at the location, all contractor personnel must be accompanied by the local VA POC, or those VA Engineering Services staff, as delegated by the local VA POC.

Contractor Point of Contact (POC) Upon contract award, the Contractor shall specify an individual who shall serve as a single point of contact (POC) for all Contract related business. Contractor must provide the local VA POC and Contracting Office with the POC contact details, to include cell phone and email, as a minimum. The POC must be easily accessible by phone.

Local VA Representatives Upon contract commencement, the Contracting Officer will notify the Contractor of a local VA staff to act as a point of contact assigned to this contract. Contractor shall only respond to requests for service from the VA locally assigned POC, as written in this contract, or the CO. If service is requested from any source, other than 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 Government reserves the right to inspect and test services in accordance with this PWS and the Contract.

Authority to Make Changes 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.

Safety and Compliance:

The Contractor must perform services in accordance with:

a) local, state and federal Occupational Safety and Health guidelines and legislation, which includes Occupational Safety and Health Administration (OSHA) ;

b) local, state and federal guidelines and legislation, as well as VA Medical Center Directives and guidelines, relating to chemicals and usage of chemicals.

c) local, state and federal Fire and Safety legislation and guidelines, to include VA Medical Center directives and legislation on Fire and Safety, as well as the latest published edition of NFPA-99 (Health Care Facilities Code); and

d) 29 CFR 1910.132, Personal Protective Equipment.

The contractor is also responsible for immediately notifying the local VA POC at the first instance a safety issue or risk is identified during the Service.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Heterotrophic plate Count (HPC) which includes collection of water samples in Sterile processing and providing lab analysis and reporting each month, in accordance with the PWS.

Contract Period: Base POP Begin: 03-01-2023 POP End: 02-29-2024 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

ENDOTOXIN sampling for Sterile Processing which includes collection of samples by contractor and providing lab analysis as needed: Endotoxin tests required initially and upon any positive HPC test results for critical water systems, in accordance with the PWS.

Contract Period: Base POP Begin: 03-01-2023 POP End: 02-29-2024

PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

Heterotrophic plate Count (HPC) which includes collection of water samples in Sterile processing and providing lab analysis and reporting each month, in accordance with the PWS.

Contract Period: Option 1 POP Begin: 03-01-2024 POP End: 02-28-2025

PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

ENDOTOXIN sampling for Sterile Processing which includes collection of samples by contractor and providing lab analysis as needed: Endotoxin tests required initially and upon any positive HPC test results for critical water systems, in accordance with the PWS.

Contract Period: Option 1 POP Begin: 03-01-2024 POP End: 02-28-2025

PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

Heterotrophic plate Count (HPC) which includes collection of water samples in Sterile processing and providing lab analysis and reporting each month, in accordance with the PWS.

Contract Period: Option 2 POP Begin: 03-01-2025 POP End: 02-28-2026

PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

ENDOTOXIN sampling for Sterile Processing which includes collection of samples by contractor and providing lab analysis as needed: Endotoxin tests required initially and upon any positive HPC test results for critical water systems, in accordance with the PWS.

Contract Period: Option 2 POP Begin: 03-01-2025 POP End: 02-28-2026

PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

Heterotrophic plate Count (HPC) which includes collection of water samples in Sterile processing and providing lab analysis and reporting each month, in accordance with the PWS.

Contract Period: Option 3 POP Begin: 03-01-2026 POP End: 02-28-2027

PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

ENDOTOXIN sampling for Sterile Processing which includes collection of samples by contractor and providing lab analysis as needed: Endotoxin tests required initially and upon any positive HPC test results for critical water systems, in accordance with the PWS.

Contract Period: Option 3 POP Begin: 03-01-2026 POP End: 02-28-2027

PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

Heterotrophic plate Count (HPC) which includes collection of water samples in Sterile processing and providing lab analysis and reporting each month, in accordance with the PWS.

Contract Period: Option 4 POP Begin: 03-01-2027 POP End: 02-29-2028

PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

ENDOTOXIN sampling for Sterile Processing which includes collection of samples by contractor and providing lab analysis as needed: Endotoxin tests required initially and upon any positive HPC test results for critical water systems, in accordance with the PWS.

Contract Period: Option 4 POP Begin: 03-01-2027 POP End: 02-29-2028

PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

B.4 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 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.

**Vendor must remain "Active" in SAMs for entire contract term**

B.5 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 Oklahoma’s state quarantine rules by visiting the latest information on the web. Suggested sites are listed below.

https://oklahoma.gov/covid19.html

B.6 VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19

VHA Supplemental Contract Requirements for Combatting COVID-19

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

a. Documentation requirements:

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

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

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

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

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

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

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

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

1. For service contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any orders issued prior to this modification when performance has already commenced.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.