36C26022Q0681.docx

36C26022Q0681

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. SIGNAT

URE 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

668-23-1-5058-0002 36C26022Q0681 07-22-2022 Laura Davis 253.888.4920 08-05-2022

9AM

PDT

36C260 Attn: V4CONT NCO 20 Network Contracting Office 1601 E. Fourth Plain Blvd Vancouver WA 98661 X X 561210 $41.5 Million

NET 30

N/A X Department of Veterans Affairs Spokane VAMC See Section B.3 SOW

36C260 Attn: V4CONT NCO 20 Network Contracting Office 1601 E. Fourth Plain Blvd Vancouver WA 98661

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Spokane VAMC Chiller Maintenance and Repair Period of Performance:

Base Year: 1 October 2022 - 30 September 2023 Option 1: 1 October 2023 - 30 September 2024 Option 2: 1 October 2024 - 30 September 2025 Option 3: 1 October 2025 - 30 September 2026 Please see Section E1 for Quote Prep Instructions See CONTINUATION Page 668-3630162-5058-851100-2548 0100501X3 X X 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 36C260 Attn: V4CONT NCO 20 Network Contracting Office 1601 E. Fourth Plain Blvd Vancouver WA 98661

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.

http://www.tungsten-network.com/us/en/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Chiller Scheduled Annual Maintenance Services Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023

Normal Hours Repair rate per hour Monday-Friday (8:00am-4:30pm)

After hours emergency/Afterhours repair rate Per hour

Chiller Scheduled Annual Maintenance Services Contract Period: Option 1 POP Begin: 10-01-2023 POP End: 09-30-2024

Normal Hours Repair rate per hour Monday-Friday (8:00am-4:30pm)

After hours emergency/Afterhours repair rate Per hour

Chiller Scheduled Annual Maintenance Services Contract Period: Option 2 POP Begin: 10-01-2024 POP End: 09-30-2025

Normal Hours Repair rate per hour Monday-Friday (8:00am-4:30pm)

After hours emergency/Afterhours repair rate Per hour

Chiller Scheduled Annual Maintenance Services Contract Period: Option 3 POP Begin: 10-01-2025 POP End: 09-30-2026

Normal Hours Repair rate per hour Monday-Friday (8:00am-4:30pm)

After hours emergency/Afterhours repair rate Per hour

Grand Totals:

Option Year 1:

Option Year 2:

Option Year 3:

Grant Total

B.3 STATEMENT OF WORK (SOW)

Contract Title. Annually service/repair for the chiller plants 3/450 ton chiller units.

Background: It is the intent of the Government to award Maintenance and repair service contract for Chiller Plant equipment in the Utility Plant for the VA Spokane Healthcare System, 4815 North Assembly Drive, Spokane Washington 99205.

The Contractor shall provide all parts, labor, materials, supplies including refrigerant, oil and grease, tools, rigging and other equipment, supervision, manufacturer’s specifications and performance data, maintenance and repair service sequences and all other items and services necessary to maintain and provide full repair coverage of the Chilled Water Air Conditioning System defined in this statement of work for the VA Health Care System (VA Spokane).

All equipment shall be maintained to operate per manufacturer’s specifications for all ranges of operation on a 24/7/365 basis including but not limited to: Output per input unit (BTU/kW), gross and net tonnage output, refrigerant leakage rate, vibration, sound pressure levels, electrical current draw, efficiency, reliability, flow rates, delta and approach temperatures. All sensors and transmitters shall be calibrated, repaired and replaced per manufacturer’s specifications.

Before commencing maintenance, the contractor shall provide a checklist outlining all the service items to be performed along with the supporting O&M documentation. The checklist should have areas for documentation of each tack being completed and an area for noting deficiencies. After maintenance has been performed on all equipment the checklists shall be compiled along with a master list that outlines all of the deficiencies discovered.

Any leakage of refrigerant, chilled or condenser water or oil shall be attended to and repaired immediately. All parts, tools, supplies, methods and materials used as part of this contract shall be approved by the equipment manufacturer.

Safe work practices shall be adhered to at all times. Equipment shall be maintained, repaired and perform as required for a medical center facility up to or above nameplate output and efficiency. Response time shall be as noted below, 24 hours a day, 7 days a week 365 days a year upon notification by VA Spokane Utility Plant Operators or Management.

EPA guidelines and regulations shall be adhered to and all reporting documentation shall be maintained by the contractor and forwarded to the VA as required by the EPA, OSHA and all other applicable regulatory agencies.

EQUIPMENT:

The contractor shall provide manufacturers certifications and or documentation that they are certified to work on Type chillers and equipment for all personnel that will work on any equipment at this facility related to this contract. Prior to the beginning of the contract, the Utility Plant Engineer shall inspect the contractor's equipment to ensure it is of commercial grade and is in safe operating condition. The equipment list to be maintained and repaired shall include but not be limited to:

STNU081000055

R134A

STNU091000056

R134A

STNU081000054

R134A

Quality Assurance: According to the contract’s inspection clause, the government will evaluate the contractor’s performance under this contract. The COR is a representative of the Contracting Officer (CO) and will participate in the administration of this contract. Any matter concerning a change to the scope, prices, terms or conditions of this contract shall be referred to the CO. All services to be performed by the contractor will be subject to review by the CO or COR. The contractor shall provide an answer to a submitted Corrective Action Report (CAR) and Customer Complaint Form from the COR within one (1) working day from receipt. The contractor shall provide written response addressing the root cause, corrective action and preventive actions (s).

Contractor Personnel: The contractor shall designate in writing the name of the Contract Manager (CM) and any alternate(s) who shall act for the contractor when the manager is absent and their telephone numbers where they may be contacted any time to the CO and the COR within five (5) calendar days after contract award. The CM or alternate shall have full authority to act for the contractor on all matters relating to operation of this contract at VAMC Spokane. The CM or alternate shall be available to meet on the installation with government personnel designated by the CO to discuss problem areas.

Environmental Protection and Safety: The contractor shall be knowledgeable of and comply with all applicable federal, state and local laws, regulations and requirements regarding environmental protection and occupational safety and health. The contractor shall comply with any laws or regulation changes during the term of this contract. The contractor shall follow manufacturer’s guidelines and professional recommendations for control of humidity, temperature, cleanliness and materials handling (including hazardous materials).

Hazardous Material (HAZMAT): The contractor shall not store chemicals/HAZMAT on VAMC Spokane. All chemicals/HAZMAT shall be approved prior to being transported on base for use by any contractor. The contractor shall prepare and submit to the COR, ten (10) calendar days after contract award date, one (1) each, Chemical/Hazardous Material and Material Safety Data Sheets (MSDS) for each chemical, material and substance proposed to be used in performance of this PWS. The contractor shall not transport or use any chemical, material or substance on VAMC Spokane before written approval is provided by GEMS Coordinator. Contractor shall maintain copies of MSDS(s) for all chemicals. The MSDS(s) shall correspond with the manufacturers of the chemicals on hand. Manufacturer, material, and MSDS shall match. NOTE: MSDS refers to manufacturer MSDS. Once material is approved for use, contractor shall contact base Environmental Management and provide a list of all material. GEMS Coordinator shall determine any additional material requirements based on the hazard code of the material.

Hazardous Waste: Contractor shall dispose of any spent/processed chemical solutions and used rags in waste drums located in the shop/area where the work is being performed.

Spills: Upon occurrence of any spills that could enter the storm system or cause any harmful environment effects, the contractor shall immediately notify the utility plant operator to report the incident. The contractor shall report all environmental violations to the COR. The contractor shall submit a typed or written report about the incident within four (4) clock hours. The contractor shall provide five (5) copies of the written report. The contractor shall provide one copy to the CO, two copies to the COR, a copy for Unit Environment Coordinator and a copy for record. The format of the report shall be left up to the contractor, but the report shall contain the following information.

1. Name and contact number of person reporting the spill

2. Date and time of incident

3. Location and source of spill

4. Substance or pollutant spilled

5. Amount spilled and the rate of discharge

6. Any damages or injuries involved

7. Extent of the area impacted

8. Potential hazards

9. Action taken

10. Organizations contacted11. Remarks Section - that addresses the cause of the spill (e.g. human error, equipment) and whether 911 was called and which agencies responded.

Environmental and Safety Training: The contractor personnel shall have Resource Conservation Recovery Act (RCRA) environmental and safety training required by the state and federal government. The training shall be IAW the following regulations: Resource Conservation Recovery Act (RCRA) 40 Code of Federal Regulation (CFR) 265.16 “Personal Training”, Occupational Safety and Health Administration (OSHA) Hazardous Waste Operations and Emergency Response Standard Title 29, CFR Part 1910.120 “Hazardous Waste Operations and Emergency Reponses”, Hazardous Waste Management Instruction, Section 13, and Air Force Instruction (AFI) 32-7042, “Solid and Hazardous Waste Compliance”, Section 2, 76 MXW OI 32-7 “Hazardous Material Management Program” (In its entirety), 76 MXW OI 32-101 “Air Quality Record Keeping Procedure” (In its entirety) & 76 MXW OI 32-7004 “Hazardous Waste Management Program” (In its entirety) . The contractor shall provide the environmental and safety training certificate for all employees to the CO and COR, after contract award date.

Housekeeping: The contractor shall keep the work areas clean and neat in accordance with Industry Standards, Occupational, Safety and Health Administration (OSHA), fire and safety standards and this PWS.

Emergency Procedures: Contractor employees shall follow the direction of Government employees in regard to emergency evacuation procedures, i.e. fire, tornado, active shooter and bomb threats. It is the contractors’ responsibility to account for their employees following an emergency evacuation. Contractor personnel shall participate with government personnel in all fire and tornado drills and at no additional cost to the government.

Preventive Maintenance and Repair Requirements and qualifications Technical competency, tech force, and tools Technicians performing Preventive Maintenance (PM) and repair work on Chillers, Pumps, and VFD’s must meet competency requirements to perform service on listed equipment. Contractor must have latest version service tools for diagnostics and troubleshooting equipment.

Temp equipment for emergency cooling/heating/power The hospital environment of care requires 100% uptime of Utility plant. Contractor shall have backup (rentals) available for chilled water within a 100-mile radius of 4815 N. Assembly Street, Spokane WA. 99205 and or can be placed in service within a 24-hour period at the VAMC Spokane hospital (VAMC Spokane WA hospital); includes crew available for 24/7 emergency response, installation, and integration to the VAMC Spokane utility plant VA Spokane – Chiller Tasking Centrifugal Chillers

COMPREHENSIVE ANNUAL INSPECTION SERVICE ELECTRONIC

(1x per Year) Report in with the COR.

Record and report abnormal conditions, measurements taken, etc.

Review customer logs with customer for operational problems and trends.

Annual Inspection

1. Test for refrigerant leaks including relief valve piping outlets.

2. Check main starter and control panel.

3. Inspect and tighten electrical connections.

4. Check relays, operating, and safety controls

5. Check flow switch operation.

6. Lubricate inlet vane linkage, if applicable.

7. Check vane control setting and operation

8. Take and record water side pressure drops across vessels.

9. Perform MicroTech check, log, and last fault analysis, analyze performance.

10. Perform operating log if not MicroTech and analyze.

11. Meg compressor and oil pump motors.

12. Clean oil cooler strainer, water cooled only.

13. Check oil sump heater operation.

14. Perform oil analysis for wear metals, moisture, and acid.

15. Inspect vibration eliminators and inspect water piping for leaks.

16. Blow down condenser water strainer(s).

17. Check head pressure control operation for tower fans or bypass valve.

18. Check minimum condenser water temperature operation.

19. Clean purge drum and oil separator where applicable.

20. Check oil in purge pump and oil separator where applicable.

21. Lubricate purge pump motor where applicable.

22. Visually inspect water side of condenser.

23. Oil analysis will be performed annually

a) Spectro chemical Oil Analysis

b) Parameters tested Results

c) Metals Diagnosis

d) Moisture Trends

e) Acid Number Recommendations

24. Refrigerant Analysis

a) Parameters tested Results

b) High boiling residue Diagnosis

c) Acid number Trends

d) Moisture content Recommendations

25. Vibration Analysis

a) Parameters tested Results

b) Measure horizontal deflections Report

c) Measure vertical deflections Trends

d) Measure axial deflections Recommendations

e) Establish baseline Semi-Annual Inspection

1. Review manufacturer’s recommendations for operation.

2. Check auxiliary equipment operation.

3. Check oil levels.

4. Check oil sump heater, gear case heater, and purge pump oil heaters where applicable.

5. Check relays, operating, and safety controls.

6. Check chilled water pump(s).

7. Check condenser water pump(s) and cooling tower.

8. Check water chiller.

9. Check purge unit operation where applicable.

10. Log all operating conditions.

11. Review operating procedures with chiller operator.

Operational Inspection

1. Review owner’s log for trends.

2. Inspect chiller for leaks.

3. Inspect starter contacts for burns and discoloration.

4. Run chiller and log readings, analyze performance.

5. Record unusual noises and vibrations.

6. Record refrigerant level in sight glass.

7. Record oil level in sight glass.

8. Verify operation of the oil heater and cooler.

9. Check purge operation. Check sight glass and drain non-condensable from purge drum where applicable.

10. Review chiller operation with chiller operator.

Leak Testing/Repair

1. Test chiller and related equipment for refrigerant leakage.

2. Identify and locate leaks.

4. Recommend corrective procedures.

5. Repair leaks if equipment covered under a Comprehensive Agreement.

6. Recover/Retain/Recycle

7. Recover and recycle refrigerant from chiller as necessary.

8. Identify type(s) of refrigerant and amount(s) recycled.

9. Replenish refrigerant in chiller as needed, if inspected and leaks repaired.

10. Identify type(s) of refrigerant and amount(s) required.

11. Reclaim refrigerant from equipment.

12. Identify type(s) and amount(s) of refrigerant reclaimed.

13. Verify date(s) tested, distillation vendor and date(s) shipped and returned.

14. Disposal

15. Dispose of refrigerant.

16. Identify type(s) and amount(s) of disposed refrigerant.

17. Verify date(s) tested disposal vendor and date shipped.

18. Obtain necessary federal, state and local authorization for transport and disposal of refrigerant.

Controls and Safeties

1. Verify all settings in the electronic control panel.

2. Inspect the control panel for cleanliness.

3. Inspect wiring and connections for tightness and signs for overheating and discoloration.

4. Verify the operation of the vane control system:

5. Verify the working condition of all indicator/alarm lights and LED/LCD displays.

6. Verify the operation of the oil sump temperature control device.

7. Test high condenser pressure safety device. Calibrate and record setting.

8. Test low evaporator temperature safety device. Calibrate and record setting.

9. Test low oil pressure safety device. Calibrate and record setting.

10. Test high motor temperature safety device. Calibrate and record.

11. Test operation of chilled water pump and condenser water pump starter auxiliary contacts.

12. Drain Rupture Disc Line Lubrication System

1. Pull oil sample for spectroscopic analysis.

2. Check oil for acid content and discoloration. Make recommendations to the customer based on the results of the test.

3. Measure and record the oil pump voltage and amperage.

4. Verify the operation of the oil heater. Measure amps and compare readings with the watt rating of the heater.

5. Change the oil filter.

6. Verify the oil level.

Motor and Starter

1. Clean the starter and cabinet.

2. Inspect wiring and connections for tightness and signs of overheating and discoloration.

3. Check condition of the contacts for wear and pitting.

4. Check contactors for free and smooth operation.

5. Check the mechanical linkages for wear, security, and clearances.

6. Check tightness of the motor terminal connections.

7. Meg the motor and record reading.

8. Verify the operation of the electrical interlocks.

Chiller system repairs response calls includes all listed components.

Repair Service Covers the cost of all consumable required repairs, including loss of refrigerant, to maintainable components on the systems specified during normal business hours.

The contractor shall provide a quote for any non-consumable or non-warranty parts to be used or replaced during a service visit and shall have pre-approval by the Contracting Officers Point of Contact (POC) prior to performing the service.

For service calls deemed an emergency by the VA, the Contractor shall be onsite for said emergency calls within 2 hours of the call being placed. Repair labor for emergency failures will be invoiced at above listed rates. 24X7X365.

For service calls for equipment failure during normal work hours (Monday –Friday, 8:00am-4:30pm), the Contractor shall be onsite within 2 hours of the call being placed. Repair labor for equipment failures during normal hours at above listed rate.

For service calls deemed an emergency by the VA, the Contractor shall be onsite for said emergency within 2 hours of the call being placed, 24X7X365.

The Contractor shall respond to an equipment failure within two (2) hours or less of a call by VAMC Spokane for unscheduled or emergency onsite service.

The Contractor acknowledges that failure to respond to an emergency call could affect patient care and hospital operations. The Contractor agrees to make his best effort to respond to an emergency calls for Generator service as quickly as possible.

For all replacement parts and any new material needed, the contractor shall not markup their price to the government any more than 10% of what it costs the contractor to obtain the material. The government reserves the right to obtain replacement parts from other supply means if the contractor fails to provide a fair and reasonable price on replacement parts.

Service reports for each scheduled and un-scheduled site visit shall be prepared by the service engineer and provided to VAMC Spokane on the same day as the service visit. The service report shall describe all work performed during the site visit and any parts used during the preventative and/or emergency maintenance service.

The contractor shall submit a written report to the Spokane VAMC and advise of any further work required.

SPECIAL WORK REQUIREMENTS:

a. Daily upon the completion of work, the contractor shall leave a signed, legible, written report with The Utility Plant Engineer indicating the date and what work was completed during the day.

b. QUALITY OF SERVICE: The contractor shall have competent, documented experience in absorption and centrifugal chiller Maintenance and repair of the listed equipment. The contractor and all contract personnel involved with work within this contract must hold a current CFC Universal Refrigerant License. All equipment and repairs must comply with all performance and operational specifications of the equipment manufacturer. The equipment shall comply with all energy efficiency levels and provide rated tonnage output at the specified input levels at all times.

IDENTIFICATION, PARKING, SMOKING, CELLULAR PHONE USE AND VA REGULATIONS:

The contractor's employees shall wear visible identification at all times while on the premises of the VA property. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police-Security Service. The VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited inside any buildings at the VA. Cellular phones and two way radios are not to be used within six feet of any medical equipment. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in a citation answerable in the United States (Federal) District Court, not a local district state, or municipal court.

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

Documentation requirements:

If fully vaccinated, shall show proof of vaccination.

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.

If unvaccinated and granted a medical or religious exception, 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.

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.

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.

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.

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.

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

36C26022Q0681

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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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 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 before the end of the contract.

(End of Clause)

C.3 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 four (4) years.

(End of Clause) C.4 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.

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

[] 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.

[] 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.

[X] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[X] 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.5 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)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause) (End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022) (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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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).

[] (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. (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [X] (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 (NOV 2021) (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 (SEP 2021) 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.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (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 Concerns (SEP 2021) (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 (SEP 2021) (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) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[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).

[X] (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).

[] (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 (NOV 2021) (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 (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 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 (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION AUG 2020) (31 U.S.C. 3903 and 10 U.S.C 2307).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 products and commercial services:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction,…