36C26022Q0198.docx

36C26022Q0198

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. 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

653-22-1-104-0005 36C26022Q0198 01-25-2022 Krystal Weeks 253-888-4904 02-17-2022

2:00 PM

PST

36C260 Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont

WA

98327 X Y 238220 $16.5 Million N/A X Department of Veterans Affairs Roseburg VA Healthcare System Multiple Locations See B.2

36C260 Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont

WA

98327

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page The Department of Veterans Affairs, Network Contracting Office (NCO) 20 intends to establish a Blanket Purchase Agreement (BPA) for the Roseburg VA Healthcare System for Facility Maintenance and Repair Services.

See continuation pages This solicitation is 100% set-aside for small business.

Please see section E.3 for instructions See CONTINUATION Page 653-3620162-104-850100-2580 0100501X7 X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 STATEMENT OF WORK

I. STATEMENT OF WORK, PERIOD OF PERFORMANCE, AND CONTINUED PERFORMANCE

A. GENERAL DESCRIPTION OF WORK:

One Firm Fixed Price, Blanket Purchase Agreement will be awarded for the Roseburg VA Health Care System in Roseburg, Oregon.

The contractor shall furnish all necessary qualified personnel, supervision, material, equipment and services to perform the tasks in the Statement of Work prepared specifically for each Task Order. The scope of work is for the maintenance, repair, replacement and/ or demolition of Plumbing Systems, HVAC-R Systems, Mechanical Systems, Electrical Systems, and Control Systems that may include ancillary construction and can include but is not limited to the following:

· Plumbing and Pipe Systems

· Drain, Waste, and Vents repair, replacement and installation

· Compressed gas system components, including air, oxygen, and vacuum systems and repair and replacement

· Medical Center Medical gas analysis and certification

· Plumbing leak repair

· Pipe Insulation and labeling

· Sewer and storm drain, unplugging, clearing, and jetting

· Unplugging of toilets, urinals, sinks, showers, and laves

· Grease trap cleaning

· Sump pump repair and servicing

· Steam system testing, repair, replacement, or demolition

· Heating hot water loop testing and repair

· Chilled water loop testing and repair

· Water balance of chilled water and heating hot water

· Underground fire-line-piping, irrigation-line-piping, and valves repairs and replacement

· Underground geothermal heating lines and valves repair and replacement

· Underground building drains and sewers lines repair and replacement

· Underground domestic water lines repair and replacement

· Excavation of underground pipes, lines, and valves to repair or replace

· Domestic water hot, cold, and recirculation lines and valves repair and replacement

· Backflow device testing and repair

· Plumbing Fixture installation, replacement, repair, or removal

· Emergency eye wash and shower repair or replacement

· Heat exchangers installation, repair, and replacement

· Water heaters installation, repair, and replacement

· Pressure vessels welding and certification

· Pressure vessel installation, repair, and replacement

· Steam traps, steam valves, steam pumps, condensate pumps, installation, repair, and replacement

· Water Pumps installation, repair, and replacement

· Sewer lift stations repairs

· Reverse Osmosis stations, water softeners, chlorination stations, and water filters installation, repair, and replacement

· Plumbing Demolition

· HVAC-R systems

· Supply, return, and exhaust duct work testing, repair, installation, and demolition

· Direct Digital Controls parts, comm wire, and software installation, upgrade, repair, and replacement (Automated Logic-Web Control and Alerton Compass)

· Variable Speed Drives repair and replacement (with ABB Drives)

· Electric motors repair and replacement

· Fan repair and replacement

· VAV and CAV box repair, replacement, and tuning

· Coil cleaning, repair, and replacement

· AC Compressor repair, replacement, and maintenance

· HVAC-R electrical work

· Hot water boilers repair

· Steam boilers repair

· Water treatment

· Chillers repair

· Dryers, contactors, switches, circuit boards, relays, wire, terminals, disconnects, refrigerants, oils, lubricants, conduit, freeze stat, capacitors, fuses, UV lamps, reversing valve, defrost controls

· Ice Machines repair and replacement

· Air Handlers repair and replacement

· Shafts, bearings, sheaves, belts, filters, frames, skins, doors, hatches, hinges, coils, filter racks, and dampers

· Actuators

· Circuit setters

· Air conditioning, DX Cooling, VRF system repairs

· Heat pumps repair and replacement

· Heating, gas valves, gas train, gas piping, furnace, de-humidifier, repair and replacement

· Humidifiers repair and replacement

· Cooling towers repair and replacement

· Fan coils repair and replacement

· Walk in Cooler-Freezer/Refrigeration, repairs

· Medical refrigerators and freezers repairs

· Kitchen refrigeration cabinets and coolers repairs

· Penetrations through firewalls repairs and fireproofing

· TAB (testing, adjusting, and air balancing)

· Filter servicing and cleaning

· Exhaust fan repairs

· HVAC-R demolition

· Repair and Testing of Electrical Systems

· Cummins Power Generators and controls

· Caterpillar Power Generators

· All other Power Generator repairs

· Transformers

· Transmission lines

· Conduits above and below grade

· Panels, breakers, fuses, circuits

· switches, relays, and outlets

· lamps, bulbs, standard and LED

· General electrical gear and components

· Elevators and elevator support systems

· Repair and Testing of Mechanical Systems

· Medical Air stations, compressors, valves, and equipment

· Medical air piping systems

· Medical Vacuum stations, compressors, valves, and equipment

· Dental Air stations, compressors, valves, and equipment

· Dental Vacuum stations, compressors, valves, and equipment

· Dental Amalgamator and heavy metal filters

· Dental plaster traps repair

· Medical Bulk Oxygen tanks, valves, fill nozzles, and supply lines

· Air compressors

· Equipment stands, supports, and platforms

· Support

· Carpentry, general and specialty

· Concrete forming, pouring, cutting, repair and finishing

· Framing and roofing

· Metal framing, substructure’s etc.

· Insulation

· Drywall and spackling

· Painting and specialty wall coverings

· Flooring

· Doors, windows, and hardware

· Landscaping, arboriculture, gardening, sprinklers

· Cabinets

· Electric security locks and door operators The prime contractor shall hold a current Plumbing contractor license and a current HVAC-R contractor license in the state of Oregon.

The prime contractor will warranty all materials, equipment, software and labor required provided by the prime contractor or any sub-contractor working under the prime contractor for one year from the moment the materials, equipment or software is brought online and made operational. The prime contractor shall keep a record of all materials, equipment, and software installed under this SOW to ensure the warranty dates are accurate and discernable based on each task order. The prime contractor will ensure all warranty work is to be carried out in an expeditious manner without delay to completion once a defect is identified in material, equipment, software, or workmanship.

The sub-contractors who work under the prime contractor shall carry the appropriate contractor’s licensure and certification for the trade/craft work they perform in the state of Oregon under the prime contractor. Sub-contractors such as an; Electrical contractor, Medical Gas Installer-Tester-Certifier, Backflow Device Tester, TAB Contractor, Pharmacy/Lab Hood Tester/Certifier, above ground and underground Utility contractor, Direct Digital Control Contractor, shall have the required factory certification, dealer license, Industry certification, and or State Contractor licensure to perform work in their specialty trade/craft sufficient to meet all state and specialty codes and requirements.

All trade/craft journeyman and apprentice workers who are required to be licensed in the state of Oregon to do their trade/craft work must hold a valid certification issued by the state of Oregon in their specialty trade/craft if they are to be dispatched to the Roseburg VA Health Care System to perform trade/craft work. Similarly, trade/craft journeyman and apprentice workers must hold valid certification issued by the State of Oregon in their specialty trade/craft if they are to be dispatched to any of the VA community-based clinics located in Oregon.

During the contract period, the facility staff will identify projects for Task Orders that will be issued by the Contracting Officer. The Contracting Officer has the right to withdraw proposed Task Orders before and after the receipt of the Contractor’s proposal for the requested Task Orders. All parts, materials, equipment, or software installed at the Roseburg VA Health Care System must be approved by the VA prior to installation. Any parts, materials, equipment, or software installed without prior approval will be subject to removal and replacement with approved parts, materials, equipment, or software by the prime contractor without additional cost to the VA. All parts, materials, equipment, and software that are installed at the VA must be of the most recent and relevant edition manufactured. No obsolete or legacy parts, materials, equipment, or software will be accepted or installed at the Roseburg VA Health Care System. The prime contractor will provide the VA with all required contractor, journeyman, and apprentice trade licenses and certifications for the prime contractor and the prime contractor employees. The prime contractor will provide the VA with all required sub-contractor licensure and certifications as well as the licenses and certifications of the sub-contractor’s employees who will be dispatched to the Roseburg VA Health Care System for trade/craft work.

The prime contractor will also ensure that anyone who installs, repairs, or replaces, Direct Digital Controls or does any programing of the Direct Digital Controls at the Roseburg VA Health Care System is a certified Automated Logic Web Control technician who is employed by an authorized Automated Logic Web Control dealer. The prime contractor will ensure that all third-party software and devices installed at the Roseburg VA Health Care System shall be provided to and become the property of the Roseburg VA Health Care System. No proprietary software shall be allowed. All software shall be provided to the VA as a fully functional and operational copy; accessible and usable by VA employees, at no extra charge or expense.

The prime contractor will understand that any consultation, survey, or project bid work done by the prime contractor or a sub-contractor of the prime contractor will become the exclusive intellectual property of the VA and does not obligate the VA in any way to hire the prime contractor or the prime contractor’s subcontractor to perform work based on any consultation, survey, or project bid.

The apprentice to journeyman ratio will be one journeyman to one apprentice. The prime contractor may choose to use all journeyman workers. The sub-contractor may choose to use all journeyman workers. The apprentice will be continuously supervised by a journeyman who is onsite working without exception. The apprentice to be supervised by a journeyman must be a fourth- or fifth-year apprentice at minimum. No helper or laborer will be permitted to take the place of an apprentice or be added to the journeyman to apprentice ratio at any time.

A fourth-year apprentice is one who has completed the third year of apprenticeship classes with a passing grade and has completed 6000 hours of on-the-job training under the direction of a journeyman worker in the State of Oregon.

B. PERIOD OF PERFORMANCE AND VALUE:

Award will be one 1-year base BPA with four 1-year Options for a total of 5 years. Task Orders shall be based on individual projects. Most of the Task Orders will be awarded between $15,000 and $75,000 with a Task Order ceiling of approximately $300,000. The contract capacity will not exceed $1,500,000 across the life of the BPA.

C. MAINTAINING CONTINUED PERFORMANCE

In order to be to be considered eligible for continued contract ordering, the Contractor must maintain current licensure and continued satisfactory performance as assessed by VA technical personal and/or current Contracting Officer’s Representative (COR) reports. The contractor shall obtain approval for any proposed subcontractor and provide current licensure for any subcontractor prior to commencement of work at the task order level. Failure to maintain satisfactory performance will result in a termination of all future option year and Task Order awards.

II. PRICING AND NON-PREPRICED ITEMS

A. TASK ORDER PRICING

The Contractor must furnish pricing for each individual Task Order on a line item basis. All hourly prices reflect the service rate the prime contractor will bill the VA for service work. Service rates will include the service truck/tools required for the specific trade journeyman inclusive of the hourly billed rate. All hourly rates are to include overhead, insurance, profit, and any other mark-up.

Each Task order will allow for one hour of billable travel time for each craft worker dispatched to the Roseburg VA Health Care System at the appropriate rate.

The Straight Time Rate will be billed for hours worked from Monday through Friday 7:00 a.m. to 4:30 p.m.

The Overtime Rate will be billed for hours worked from Monday through Friday 4:30 p.m. to 7:00 a.m. or, for anytime worked on Saturday.

The Sunday Rate will be billed for anytime worked on Sunday.

The Holiday Rate will be billed for anytime worked on any federal holiday. If a fair and reasonable price is not agreed upon through the Task Order proposal process, the Individual Project will be withdrawn, and the issuing Task Order Contract Specialist will use another vehicle to meet the needs of the Government.

B. NON-PREPRICED ITEMS

Non-prepriced items that are within the scope of work may be negotiated by the Contracting Officer, or his designated representative, on an individual Task Order basis. Examples of non-prepriced items include parts or materials needed due to extraneous circumstances. Added items of work shall be incorporated into and made a part of the Task Order and shall be performed at the negotiated unit price.

C. NORMAL WORKING HOURS

Work may take place during regular business hours, after regular business hours, on weekends, and on federal holidays based on the needs of the VA or at the request of the CO, COR, or FMS management. The Contractor shall have two hours to begin work of approved emergency task orders and two working days to begin work of non-emergency task orders. Work is to be carried out in an expeditious manner without delay to completion once the contract officer sends an award and or notice to proceed to the contractor.

Federal holidays are: New Year’s Day, Martin Luther King Jr. Birthday, Washington’s Birthday (Presidents Day), Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

III. INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO OFFERORS

A. SCHEDULING OF WORK AND COMMUNICATIONS

Before commencement of work under an individual Task Order, the contractor shall obtain approval for any subcontractor that will be performing services under the task order. The contractor shall confer with the COR, and agree on items including, but not limited to: 1) sequence of procedures; 2) means of access to premises and building; 3) delivery of materials; and 4) storage of materials and equipment. When necessary to reduce disruption to patient care and hospital operations, the work shall, so far as practicable, be done in definite sections or divisions, and confined to pre-approved areas.

The contractor shall provide the Contracting Officer and the COR with the name, telephone number, pager number, and/or cell phone number of the person who should be contacted in case of emergencies. This individual shall have the authority to enter into binding agreements with the Government.

All temporary outages of any utility services required for the performance of work shall be scheduled with the COR in advance of such outages. If outage is longer than 8-hours, notice in writing, must be 15 working days in advance of proposed interruption. All requests for power outages shall be submitted in writing.

B. PERFORMANCE WORK STATEMENT

A Performance Work Statement (PWS) and Quality Assurance Surveillance Plan (QASP) will be determined upon the issuance of each Task Order if applicable. Each PWS/QASP will be tailored to each individual Task Order when deemed appropriate. The Government will decide at the time of Task Order issuance if a PWS or Statement of Work is in the best interest of accomplishing the requirement.

C. JOB SITE

If necessary, for reasons of patient care, the VA may require the Contractor to limit the locations, time schedules and/or types of work that can be performed. This may occur with little advance notice.

Delivery of materials and equipment shall be made with minimum interference to medical center operations and personnel. VA personnel shall not assist with contractor shipments or deliveries that are made to the job site.

The contractor shall be responsible for providing all work site protective barriers and site control devices. This includes, but is not limited to protective fences, protective tapes and protective signage. The contractor shall be responsible for providing all necessary traffic control (i.e., street blockages, traffic cones, and flagman) at no additional cost to the Government. Proposed traffic control methods shall be submitted to the COR for final approval. No street or access way shall be completely closed to traffic without prior approval from the COR.

The contractor shall take all precautions to ensure that no damage to private or public property will result from their operations. If such damages occur, the contractor shall make all necessary repairs and/or replacements at no cost to the Government.

The Contractor's personnel will be permitted to use toilet facilities on the premises, subject to approval and control of the COR. In the event none are available, the Contractor shall, at his own expense, provide portable facilities, as required.

D. WAGE DETERMINATIONS FOR TASK ORDERS

A Wage Determination shall accompany every Task Order appropriate to the scope of work. The Contractor shall pay wages in accordance with the Wage Determination for each Task Order.

B.2 PRICE/COST SCHEDULE

I. All hourly prices reflect the service rate the prime contractor will bill the VA for service work. Service rates will include the service truck/tools required for the specific trade journeyman inclusive of the hourly billed rate. All hourly rates are to include overhead, insurance, profit, and any other mark-up.

II. Each Task order will allow for one hour of billable travel time for each craft worker dispatched to the Roseburg VA Medical Center at the appropriate rate.

III. The Straight Time Rate will be billed for hours worked from Monday through Friday 7:00 a.m. to 4:30 p.m.

The Overtime Rate will be billed for hours worked from Monday through Friday 4:30 p.m. to 7:00 a.m. or, for anytime worked on Saturday.

The Sunday Rate will be billed for anytime worked on Sunday.

The Holiday Rate will be billed for anytime worked on any federal holiday.

Example of when to bill for travel time: If two journeyman electricians are dispatched to work at the Roseburg VA Medical Center on Sunday, then, one hour of travel time would be billed at the, “Electrician Sunday Rate” for each of the two electricians. If two electricians are dispatched to work at the Roseburg VA Medical Center during straight time, then, one hour of travel time would be billed at the, “Electrician Straight Time Rate” for each of the two electricians.

IV. List the price that the prime contractor will bill VA for the following certifying specialist per hour. Prices will include a current certified technician and all current certified specialty testing instruments as well as the technicians Travel and Lodging costs. The prime contractor will verify that all sub contactor certifiers meet all Hospital, Lab, Pharmacy requirements for certification and verification without exception. All tests, exams, certifications, repairs, adjustments, modifications, and final reports must be complete and able to meet all VA requirements for specialty testing and certification of the specific specialty testing and certifying being performed. The prime contractor will be responsible to research all VA and industry requirements and ensure all work and reports meet all Hospital, Lab, and Pharmacy and industry standards and requirements without exception.

Medical Gas Systems campus wide tester/certifier/technician.

Medical Hoods located in Pharmacy and Lab tester/certifier/technician.

TAB (Test-Adjust-Balance) in the pharmacy, lab, hospital, and administrative buildings.

Generators and controls tester/certifier/technician

V. The prime contractor must show how much they will mark up materials, equipment, and software used to bid task orders at the Roseburg VA Medical Center.

VI. The prime contractor will show how much it will charge per hour for utility work—aboveground and underground that will require excavation equipment, areal lifts, cranes, or dump trucks and a journey level operator.

B.3 DELIVERY LOCATIONS

Roseburg VA Medical Center 913 NW Garden Valley Blvd.

Roseburg, OR 97471

The Roseburg VA Medical Center has four outlying Outpatient Clinics. In addition to work at the Roseburg VA Medical Center, task orders may be issued for services in the following locations:

Brookings VA Clinic 840 Railroad St.

Brookings, OR 97415 Downtown Eugene VA Clinic 211 East 7th Ave. Ste 220 Eugene, OR 97401

Eugene VA Clinic 3355 Chad Dr.

Eugene, OR 97408 North Bend VA Clinic 2191 Marion St.

North Bend, OR 97459

The VA has three nearby Vet Centers. Task orders may also be issued for services in the following locations:

Eugene Vet Center 190 East 11th Ave.

Eugene, OR 97401 Grants Pass Vet Center 135 NE Steiger St.

Grants Pass, OR 97526

Salem Vet Center 2645 Portland Rd, NE Salem, OR 97301

B.4 TERMS AND CONDITIONS

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

B.5 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Primary Point of Contact:

Alternate Point of Contact:

DUNS NUMBER:

Cognizant Office (Include complete address):

Department of Veterans Affairs Network Contracting Office 20

1495 Wilmington Drive, Suite 360 DuPont WA 98327

B.6 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 Statement of Objectives (SOO) or the Performance Work Statement (PWS) within the terms specified and at the price(s) stated.

b. It is understood and agreed that the BPA holder shall provide Fixed-Price proposals when requested by the Contracting Officer (CO). The contractor's proposal shall be priced using labor rates and labor categories here in provided. The CO will issue Fixed Priced Orders upon completion of negotiations of contractor proposals.

B.7 NONPERSONAL SERVICES

a. In performance of this contract, the BPA holder will provide services as required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within Department of Veterans Affairs.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

B.8 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach $300,000.00/per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at $1,500,000.00 over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.9 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

B.10 PERIOD OF PERFORMANCE

This BPA expires on 02-28-2023 or such later ending date as determined by the exercise of any option.

B.11 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

DVA authorizes the following entities to place orders:

Network Contracting Office (NCO) 20

B.12 FEDERAL HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below.

Independence Day

B.13 PROHIBIT ACTIVITIES

The BPA holder shall not perform tasks under any resultant order which involve the following:

(a) preparation of any statement of requirements, objectives, or needs to be procured by the Government for facility maintenance or repair services, whether to be acquired by future orders under the open market, GSA BPA program, or by any other contract action at Department of Veterans Affairs;

(b) evaluation of the qualifications of a potential source or any proposal for a contract or order by the Government for facility maintenance or repair services or any other supplies or services;

(c) formulation of "best value" criteria, acquisition plans, solicitations or strategies for the purchase of facility maintenance or repair-like services;

(d) preparation of documentation for future orders for facility maintenance or repair services.

B.14 PRECEDENCE

36C26022Q0198 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.

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/vaar

(End of Clause)

C.2 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 Days of contract expiration.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 Days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.5 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(End of Clause) C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I…