36C26123Q0504.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

662-23-4-6435-0103

36C26123Q0504 06-13-2023

Durell Salaz 916-923-4385 06-22-2023

3:00 PST PDT

612MCP

Department of Veterans Affairs

Network Contracting Office (NCO) 21

5342 Dudley Blvd., Bldg. 209

McClellan CA 95652-2609

X 100

X

541690

$19 Million

N/A

X

**SEE PERFORMANCE WORK STATEMENT**

612MCP

Department of Veterans Affairs

Network Contracting Office (NCO) 21

3230 Peacekeeper Way, Bldg. 209

McClellan CA 95652-1012

Department of Veterans Affairs

FMS VA-9(101) Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

The Contractor will provide respiratory equipment training and fit testing for the VA San Francisco Healthcare System in accordance with the attached Performance Work Statement

Quote instructions are provided in provision 52.212-1.

Evaluation factors are provided in provision 52.212-2.

The government intends to award a single Indefinite

Delivery Indefinite Quantity (IDIQ) contract. The guaranteed minimum for the entire contract is $1000.00.

Contractor must notify the Contracting Officer once 75% of the Task Order funding has been invoiced for payment.

See CONTINUATION Page

662-3630162-6435-850300-2580 0100501X1

X

Angela Gerlitzki

Contracting Officer

36C26123Q0504

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

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

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.8 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) . 30

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.12 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

C.13 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION

(JAN 2023) (DEVIATION)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.15 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 PAST PERFORMANCE SURVEY

D.2 DOL WAGE DETERMINATION – WD2015-5623 – ALAMEDA

D.3 DOL WAGE DETERMINATION – WD2015-5637 – SAN FRANCISCO-SAN MATEO .. 43

D.4 DOL WAGE DETERMINATION – WD2015-5651 – SONOMA

D.5 DOL WAGE DETERMINATION – WD2015-5673 – HUMBOLDT-MENDOCINO-LAKE

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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: Contract Specialist 36C261 Durell Salaz

Department of Veterans Affairs

Network Contracting Office (NCO) 21

5342 Dudley Blvd, Bldg. 209

McClellan, CA 95652-2609

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Per Issued Task Order

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.

Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR

Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoiuce.asp

Vendor e-Invoice Set-Up Inform

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

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

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.fsc.va.gov/einvoiuce.asp mailto:VA.Registration@Tungsten-Network.com

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

• FSC e-invoice email: vafsccshd@va.gov

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

mailto:vafsccshd@va.gov

B.2 PRICE/COST SCHEDULE

The guaranteed minimum award amount for this contract is $1,000. The maximum aggregate value of orders that can be placed under this contract is $500,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

PLEASE NOTE: The contract maximum is an amount higher than the Government's anticipated costs based on current needs; it is a higher amount to allow for the addition of other locations within VA San Francisco Health Care System (SFVAHCS) the future should the Government's needs increase.

All quantities are estimated yearly quantities and may change based on the VA San Francisco’s need.

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1,200.00 EA __________________ __________________

(San Francisco Health Care System)

Respirator Equipment Training and Fit Testing per Employee

Contract Period: Base

POP Begin: 07-01-2023

POP End: 06-30-2024PRINCIPAL NAICS CODE: 541690 - Other

Scientific and Technical Consulting Services

PRODUCT/SERVICE CODE: R428 - Support - Professional: Industrial

Hygienics

20.00 EA __________________ __________________

(VA Mission Bay Research Center)

Respirator Equipment Training and Fit Testing per Employee

Contract Period: Base

POP Begin: 07-01-2023

POP End: 06-30-2024PRINCIPAL NAICS CODE: 541690 - Other

Scientific and Technical Consulting Services

40.00 EA __________________ __________________

(Oakland VA Clinic)

POP End: 06-30-2024PRINCIPAL NAICS CODE: 541690 - Other

Scientific and Technical Consulting Services

20.00

EA

(Eureka VA Clinic)

POP End: 06-30-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

PRODUCT/SERVICE CODE: R428 - Support - Professional: Industrial

(Downtown VA Clinic)

POP End: 06-30-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

(San Bruno VA Clinic)

POP End: 06-30-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

15.00 EA __________________ __________________

(Ukiah VA Clinic)

POP End: 06-30-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

30.00

(Santa Rosa (North) (CBOC)

POP End: 06-30-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

30.00 EA __________________ __________________

(Santa Rosa (South)(CBOC)

POP End: 06-30-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

PRODUCT/SERVICE CODE: R428 - Support - Professional: Industrial

(Clearlake VA Clinic)

POP End: 06-30-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 07-01-2024

POP End: 06-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

(Santa Rosa (North) CBOC)

POP End: 06-30-2025

PRODUCT/SERVICE CODE: R428 - Support - Professional: Industrial

(Santa Rosa (South) CBOC)

POP End: 06-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 2

POP Begin: 07-01-2025

POP End: 06-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

POP End: 06-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 3

POP Begin: 07-01-2026

POP End: 06-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

PRODUCT/SERVICE CODE: R428 - Support - Professional: Industrial

POP End: 06-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 07-01-2027

POP End: 06-30-2028

PRODUCT/SERVICE CODE: R428 - Support - Professional: Industrial

POP End: 06-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

PRODUCT/SERVICE CODE: R428 - Support - Professional: Industrial

POP End: 06-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 06-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

GRAND TOTAL __________________

Summary:

Period of Performance Amount

Base Year – 07/01/2023 – 06/30/2024 $

Option Year 1 – 07/01/2024 – 06/30/2025 $

Option Year 2 – 07/01/2025 – 06/30/2026 $

Option Year 3 – 07/01/2026 – 06/30/2027 $

Option Year 4 – 07/01/2027 – 06/30/2028 $

Aggregate Amount $

B.3 STATEMENT OF WORK

1. Overview:

1.1. This contract is to provide on-site respirator fit testing, training and certification to all Veterans

Affairs (VA) employees participating in the Occupational Safety & Health Administration

(OSHA) Respiratory Protection Program at below VA facilities. The contractor shall perform fit testing and training using OSHA-approved testing procedures and media and shall include supplies and labor to perform scheduled services Monday through Friday, excluding national holidays. Services shall be scheduled and coordinated in advance with each facility.

1.2. The Government anticipates that additional VISN 21 facilities may require the respiratory fit testing services described in this Statement of Work as the VA responds to changing mission requirements over time. When requested by the Contracting Officer, the Contractor shall negotiate in good faith to add other VISN21 facilities to this IDIQ contract in accordance with the procedures in the Changes clause in FAR 52.212-4.

2. Place of Performance:

Healthcare System Facility Address

VA San Francisco Healthcare System San Francisco Medical

Center

4150 Clement Street

San Francisco, CA 94121

VA Mission Bay Research

Center

1700 Owens Street

San Francisco, CA 94158

Oakland VA Clinic 2221 Martin Luther King Jr.

Way Oakland, CA 94612

Eureka VA Clinic 930 W. Harris Street

Eureka, CA 95501

Downtown VA Clinic 401rd Street 402

San Francisco, CA 94107

San Bruno VA Clinic 1001 Sneath Lane, Suite 300

San Bruno, CA 94066

Ukiah VA Clinic 630 Kings Court

Ukiah, CA 95482

Santa Rosa (North) CBOC 3841 Brickway Blvd.

Santa Rosa, CA 95403

Santa Rosa (South) CBOC 2285 Challenger Way

Santa Rosa, CA 95407

Clearlake VA Clinic 15145 Lakeshore Drive

Clearlake, CA 95422

3. Qualifications and Duties of the Contractor: Contractor shall provide the following services and supplies in order to fulfill the contract requirements:

3.1. The contractor shall have the capability of performing online annual respirator medical evaluation screening, online fit test scheduling, and respirator fit testing.

3.2. Contractor shall meet the qualifications of an Occupational Safety and Health Administration

(OSHA) Authorized Trainer for General Industry; the contractor must maintain certification status during the contract period, a copy of the completion card shall be provided to the local

COR and CO.

3.3. Contractor shall have taken the OSHA Respiratory Protection Course #2225.

3.4. Contractor shall arrive at a VA facility within 8 hours for emergency service calls and be able to provide enough staff to completely evaluate, train, and fit-test 150 VA staff within 2 days.

3.5. Contractor shall have a minimum of one (1) year experience managing respiratory protection programs (fit-testing, training, and reviewing medical evaluations, and maintaining fit-testing databases).

3.6. Contractor shall have a written version of their testing protocol.

3.7. Contractor shall provide written qualifications of the testing person(s) assigned to provide this service requirement at each facility.

3.8. Contractor shall provide online registration and online medical evaluation screening

(medical evaluation clearance) for the applicants.

3.9. Contractor shall have online scheduling site, with email or text reminders.

3.10. Contractor shall collect the medical evaluation screening form, review it for completeness, and ensure a VHA clinician (from employee health) has approved their use of a respirator prior to the fit testing and training of the VA employee to ensure that this information is collected, and that the employee is physically capable of wearing a respirator. Contractor shall not perform fit tests to individuals who do not have an approved medical evaluation form. Contractor shall assist in the selection of the appropriate respiratory protection and cartridge, if required, for each task evaluated. The medical evaluation screening form becomes the property of the VA medical facility.

3.11. Contractor shall provide OSHA compliant respirator protection training at the time of fit testing, on the proper fit and capabilities of the Government-owned respirator, proper use of respirators, including putting on and removing them, limitations of its use, protection factors, proper cleaning, disinfection, and storage, how to inspect it, and when to replace the respirator. Note: for

N-95 filtering face-pieces used for airborne infectious disease; replacement schedule shall comply with facility-specific infectious disease policies. This information will be obtained from facility-specific COR. Additionally, training may require adaptation to comply with facility specific policies and practices. Contractor shall submit training syllabus/materials to facility COR for evaluation, relevant updates, and approval. Contractor shall use this approved training to conduct the general awareness & OSHA respiratory protection training.

3.12. Contractor shall provide testing supplies (other than respirators) to perform qualitative and quantitative fit testing to N-95 disposable respirators, half face elastomeric respirators, and full-face elastomeric respirators in compliance with Federal and California OSHA’s Respiratory Fit

Testing Procedures, using OSHA-Accepted Fit Test Protocols.

3.13. Provide training on use and maintenance of Powered Air Purifying Respirators (PAPR) and hoods. Employees who cannot be fit tested for a respirator will be trained on a suitable power air purifying respirator (PAPR) and hood. Note that all training pertaining to PAPRs shall comply with OSHA requirements as described above.

3.14. Provide a laminated wallet size card that certifies successful completion, to each employee that completes the training and fit testing. At the time of testing and training completion, the card, including employee name, medical evaluation release, assigned respirator (Make, Model, and

Size), and training dates, this will be provided by the contractor.

3.15. Document all fit tests and training on a Respirator Program Record form provided by COR. The contractor shall submit these forms to the VA medical facility COR for file, at the completion of training. The Contractor shall maintain and track VA employees that have been medically evaluated, trained, certified, and fit-tested at all times during the performance of this contract.

3.16. Contractor shall provide a monthly written update of yearly fit testing/training progress for each facility and submit it to each corresponding VA facility COR along with the goals, which shall be approved by the VA Industrial Hygienist, for the following month. The contractor shall provide a final summary report to each individual VA medical facility at the end of each contract period that will show the results of the training and include medical evaluation screening forms to be provided to the VA employees at the time of fit testing and training.

3.17. Contractor shall conduct training courses for self-contained breathing apparatus as required

(SCBA) and PAPR, safety awareness, and respiratory protection for various departments at each facility.

3.18. Contractor shall send a copy of the Invoice to the COR for each facility prior to submitting the invoice electronically for payment.

4. Safety Requirements: Contractor shall provide all services in compliance with Federal and

California OSHA’s Respirator Protection standard and be conducted in accordance with 29 CFR, Part

1910.134 Respiratory Protection, guidance published by the National Institute for Occupational

Safety and Health (NIOSH), and the American National Standards Institute (ANSI).

4.1. The Contractor shall ensure 100% compliance with Respiratory Protection Standards for all fit testing and training.

4.2. The Contractor shall perform work in strict accordance with existing relevant, accredited standards and codes in order to minimize the possibility of injury to personnel, or damage to

Government equipment. Every effort will be made to safeguard human life and property.

4.3. The Contractor shall sanitize fit test hoods after each use.

5. Location of Fit Testing and Training:

5.1. Contractor shall provide training and fit testing at each department’s specified location so that employees do not have to leave their work areas.

5.2. Locations are to be coordinated in advance with the COR and/or department’s Supervisor-on-duty as specified by each facility COR.

5.3. The work is to take place at the locations listed on the VA Facilities List.

5.4. Upon completion of fit testing, Contractor shall restore the training area to its previous condition to include furniture, generated trash, and other devices that are relocated to successfully complete fit testing.

5.5. Contractor shall maintain the training area in a clean and presentable manner while conducting training and fit testing.

5.6. Contractor shall comply with 100% fit-test completion rate for all types of respirators at each campus by September 30th of each calendar year. Should VA scheduling conflicts result in less than 100% completion, Contractor shall provide a list of required employees not fit tested along with a plan of how to accomplish this fit testing by the end of the calendar year, reason for noncompliance, and corrective action to prevent noncompliance in the future.

6. Delay in Performing Contract Services: Contractor should fully understand that the participating

VA employees are responsible for providing patient care, thus making advance scheduling a challenge. Contractor shall work closely with the designated COR and staff of the VA to ensure that scheduling is utilized for optimum results. Contractor shall provide documentation of delays to provide contract services to the COR for a concurring signature from the COR. Contractor’s personnel are responsible for proper documentation of delays. The document must state the scheduled time that services were required, the reason for the delay, and the actual time that contract services could be provided.

7. Test Equipment: The Veterans Affairs Medical Center will not furnish parts and/or test equipment

(other than respirator masks) for the performance of this contract. Contractor shall provide the appropriate equipment and/or supplies necessary to complete the work.

8. Contractor Responsibilities:

8.1. The Contractor shall obtain all necessary licenses and/or permits required to perform the work.

8.2. The Contractor shall take all precautions necessary to protect people and property from injury or damage during the performance of this contract.

8.3. The Contractor shall be responsible for any injury to its employees, and others as well as any damage to personal or public property that occurs during the performance of this contract that is caused by its employees’ fault or negligence.

9. Badges: All Contractor personnel shall wear identification (I.D.) badges the entire time they are on the VA grounds. I.D. badges must have an identification picture and must state the name of the individual and the company they represent. Individuals not having their own acceptable identification will wear a visitor identification badge provided by the VA. These badges are to be signed for each day at the Police and Security Office and turned in each day upon leaving.

10. Normal Work Hours: Normal work hours for the purpose of this contract are between the hours of

6:00 a.m. and 6:00 p.m., Monday through Friday, excluding national holidays.

11. Other Than Normal Working Hours:

11.1. On rare occasions it may become necessary for the Contractor’s personnel to provide contract services during other than normal work hours, weekends, or national holidays. Emergency services provided during these hours will be paid at the rates specified in the Price Schedule.

11.2. Contractor shall obtain authorization from the Contracting Officer or the Contracting Officer’s

Representative (COR) in advance for any work performed outside of normal working hours. If this authorization is given for the convenience of the Contractor, the rates for services shall be paid at the normal rates specified in the Price Schedule.

11.3. The Contractor shall provide emergency service on an as required basis. This emergency service shall be provided as often as needed on a 24-hour basis, weekends, and legal holidays included.

The Contractor shall be capable of responding to an emergency situation within two (2) hours after the notification of an issue.

12. Government Holidays: The Contractor is not required to provide service on the following National holidays, not shall the Contractor be paid for these holidays.

12.1. The following national holidays observed by the Federal Government:

12.1.1. New Year’s Day 1 January

12.1.2. Martin Luther King’s Birthday Third Monday in January

12.1.3. President’s Day Third Monday in February

12.1.4. Memorial Day Last Monday in May

12.1.5. Juneteenth Day 19 June

12.1.6. Independence Day 4 July

12.1.7. Labor Day First Monday in September

12.1.8. Columbus Day Second Monday in October

12.1.9. Veterans Day 11 November

12.1.10. Thanksgiving Day Fourth Thursday in November

12.1.11. Christmas Day 25 December

12.2. If a holiday falls on Sunday, the following Monday shall be observed as the National Holiday.

When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by

U.S. Government agencies. Also included would be any day specifically declared by the

President of the United States.

13. Smoking Policy: Smoking is permitted only in designated areas on VA grounds and is strictly prohibited within VA buildings.

14. Parking and Violations: Contractor shall ensure its personnel park in the appropriate designed parking areas; information on the parking is available from the COR or VA Police. The Government will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search. Violations of government regulations may result in citations answerable in the United

States (Federal) District Court.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal

Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other

Than System for Award Management), or applicable agency procedures.

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

EFT.

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

Contractor shall—

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the

EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the

Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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.2 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)

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

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

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from effective date of the contract through the end of the effective period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the

"maximum." The Government shall order at least the quantity of supplies or services designated in the

Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the…