36C26220R0058-001.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. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 80

691-20-2-5081-0015

36C26220R0058 03-13-2020

Danielle L. Carroll 562-766-2240 03-20-2020

3PM, PST

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X

811310

$8 Million

N/A

36C691

Department of Veterans Affairs VA Greater Los Angeles Healthcare System

(VAGLAHS)

11301 Wilshire Blvd Los Angeles CA 90073

36C262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Tungsten Network Contractor shall bill in arrears:

www.tungsten-network.com

1-877-353-9791

See CONTINUATION Page

Preventative Maintenance and Repairs for Laundry Equipment for h the Veteran Affairs Greater Los Angeles Healthcare System

(VAGLAHS)

See CONTINUATION Page

X 1

Danielle L. Carroll Contracting Officer

36C26220R0058

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES AND PRICE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

2018)

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

C.3 52.216-18 ORDERING (OCT 1995)

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 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.11 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) 24

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION FOR LOS ANGELES COUNTY

D.2 ATTACHMENT 1 – P11 – PRICE FILL IN SHEET – PARTS

D.3 PRICE WORKSHEET

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS ADDENDUM

E.3 52.212-2 EVALUATION - COMMERCIAL ITEMS

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (NOV 2017)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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: Department of Veterans Affairs, Network Contracting Office -22 Danielle Carroll, Contract Specialist 4811 Airport Plaza Drive Suite 600, Long Beach, CA 90815

Email: Danielle.carroll4@va.gov

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

[X] 52.232-34, Payment by Electronic Funds Transfer— System for Award Management, [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: 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. If you have any questions 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

• Website: www.tungsten-network.com

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

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

AMENDMENT NO DATE

mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

B.2 SCHEDULE OF SERVICES AND PRICE

This is an indefinite delivery, indefinite quantity, (IDIQ) fixed-price contract. Prices in this schedule represent an all-inclusive rate including labor, parts, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The guaranteed minimum amount for this contract is $500.00. The maximum aggregate value of the order that can be placed under this contract is $5,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

The previous option year pricing will apply to any extension pursuant to FAR 52.217-8

BASE YEAR: APRIL 1, 2020 – MARCH 31, 2021

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES UNIT UNIT PRICE

0001 Factory Trained Technician (7am – 4pm Monday – Friday including Holidays)

YR

0002 Factory Trained Technician Overtime Rate

HR

0003 Routine Maintenance Technician (5am – 2pm, Monday – Friday including

0004 Routine Maintenance Technician Overtime Rate

HR

0005 Parts YR

OPTION YEAR 1: APRIL 1, 2021 – MARCH 31, 2022

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES UNIT UNIT PRICE

1001 Factory Trained Technician(7am – 4pm Monday-Friday including

1002 Factory Trained

1003 Routine Maintenance Technician (5am – 2pm, Monday – Friday including

1004 Routine Maintenance

1005 Parts YR

OPTION YEAR 2: APRIL 1, 2022 – MARCH 31, 2023

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES UNIT UNIT PRICE

2001 Factory Trained Technician (7am – 4pm Monday – Friday including

2002 Factory Trained

2003 Routine Maintenance

Monday – Friday including

2004 Routine Maintenance

2005 Parts YR

OPTION YEAR 3: APRIL 1, 2023 – MARCH 31, 2024

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES UNIT UNIT PRICE

3001 Factory Trained Technician (7am – 4pm Monday – Friday including

3002 Factory Trained

3003 Routine Maintenance

Monday – Friday including

3004 Routine Maintenance

3005 Parts YR

OPTION YEAR 4: APRIL 1, 2024 – MARCH 31, 2025

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES UNIT UNIT PRICE

4001 Factory Trained Technician (7am – 4pm Monday – Friday including

4002 Factory Trained

4003 Routine Maintenance

Monday – Friday including

4004 Routine Maintenance

4005 Parts YR

B.3 PERFORMANCE WORK STATEMENT

1. GENERAL PROCEDURE

1.1. The Contractor shall provide emergency parts, repair services, and technicians for the Laundry Facility located at the Veteran Affairs Greater Los Angeles Healthcare Systems (VAGLAHS).

All services shall be provided in accordance with the terms, conditions and requirement as specified herein.

1.2. The Contractor shall provide One (1) Factory Trained Service Technician and (1) Routine Maintenance Technician to the VA Textile Care Processing Facility for a period of eight (8) hours per day, five (5) days per week to perform all technical services and routine maintenance on the laundry equipment located in the processing department, soil departments and mechanical room equipment located at the VA West Los Angeles laundry facility, 11301 Wilshire Blvd.

Building #508.

1.3. The Contractor shall furnish their own tools to perform all maintenance and Preventative

Maintenance (PM) required per the manufactures manual for equipment specified in section 3.2.1 of this Statement of Work. Contractor will be provided copies of the equipment manual’s that identified the required PM services by specific timeframes.

1.4. The Contactor shall provide one (1) Factory Trained Service Technician and one (1) Routine Maintenance Technician. The Factory Trained Technician must demonstrate a verifiable proficiency in laundry equipment repairs that cover a variety of repairs and PM for: Laundry equipment covering mechanical, electrical, laundry equipment plumbing, pneumatics, and technical software troubleshooting. The Routine Maintenance Technician must have startup and shutdown experience for laundry equipment to include the following; minor PM requirements for belts, sensors, troubleshooting of equipment and the ability to write-up work request identifying service work that will be conducted by the Factory Trained Technician.

1.5. All services shall be performed from the designated pick-up point to the drop-off location which may include the main Long Beach and San Diego VAMC Medical Centers, another VA Medical Center, Community Based Out-Patient Clinic or other designated locations (i.e. nursing homes, airport, other medical facilities, etc.) including delivery to specific rooms within a building if so specified.

2. MANAGED MAINTENANCE PROGRAM SPECIFICATIONS):

2.1. Contractor shall install a Computerized Maintenance Management Software (CMMS) including all hardware and software. This system shall be maintained by the contractor. Contractor will track all repairs, part orders and recommended repairs in the CMMS. All data input shall be performed by the contractor. Contractor will provide VA Laundry Management a weekly and monthly report detailing all maintenance activity conducted at the VA Laundry. Contractor will meet in person with the Laundry Manager to review all reports and provide recommended repairs and identify any suggested upgrades and safety specifications. Copies of the reports will be provided to management for PM history and documentation record keeping.

2.2. VA Laundry shall provide email notification for any equipment failures that occur. It will be the responsibility of VA Laundry to designate the priority of laundry equipment repair. Contractor shall input a repair work order that will be printed at the VA Laundry Textile Care Processing Facility. All work orders shall remain open until the work is completed. The work order shall describe the failure of the device, corrective action performed, requirement of replacement part (if required), duration of non-operation, duration to perform the corrective measures, and other specific comments. All work orders requiring regular routine maintenance according to Manufacturer’s Specifications shall be completed. Contractor shall provide the completed work orders to the VA Laundry Manager for approval and certification that the work was performed.

2.3. Contractor shall provide the VA Manager a report on a weekly and monthly basis, or as requested that includes failures of any equipment; correction action performed; requirement of replacement parts (if required); duration of non-operation; and the duration to perform the corrective measures. Weekly, the Factory Trained Technician shall meet with the VA Laundry Manager to review service-related issues, outstanding work orders, and preventative maintenance programs shall be discussed to assure that compliance has occurred. Once per month the Contractor Administrator/Manager, shall meet with the VA Laundry Manager to review and discuss recommended improvements, overall review of all work performed and to address all service-related concerns or issues.

2.4. Contractor shall provide a requisition of any required replacement parts including pads, covers, ribbons, lubricants, slings, trolleys, salt, chemicals, consumables, repair parts and electrical components to include sensors and software.

2.5. Contractor shall implement a Quality Control Program to be conducted by the Contractor Administrator. This program will include an evaluation of work being performed by Contractor Technicians, plant walk-throughs to identify potential safety, security and housekeeping issues.

2.6. All laundry equipment replacement parts shall be ordered from Manufacturer’s replacement parts manual by equipment specific operations manual.

2.7. Contractor will provide proof “Certificate of Insurance”.

3. TASKS

3.1. Contractor shall provide maintenance for any new equipment purchases, installations and upgrades within the VA Laundry Textile Care Services of Los Angeles, CA.

3.2. Contractor shall perform PMs and Equipment repairs for the listed items described below:

3.2.1.

Equipment Manufacture Model # Serial #

FEEDER#2 Chicago KING EDGE VAC CT 62612 FEEDER#3 Chicago KING EDGE VAC CT 62613

BLANKET FOLDER SYSTEM Chicago BLANKET BLASTER

CT 62616

IRONER #1 Chicago POWERHOUSE CT 5200 44370

IRONER #2 Chicago POWERHOUSE CT 5200 44369

FOLDER #1 Chicago SKYLINE CT S1-S20 61304 FOLDER #2 Chicago SKYLINE CT S1-S20 61303 FOLDER #3 Chicago SKYLINE CT S1-S20 61305 FOLDER #4 Chicago SKYLINE CT S1-S20 61302

SM. PC FOLDER #1 Chicago AIR CHICAGO 44379

SM. PC FOLDER #2 Chicago AIR CHICAGO 44380 SM. PC FOLDER #3 Chicago AIR CHICAGO 44377 SM. PC FOLDER #4 Chicago AIR CHICAGO 44376 SM. PC FOLDER #5 Chicago AIR CHICAGO 44381 SM. PC FOLDER #6 Chicago AIR CHICAGO 44378

110 DRYER #1 Cissell L44KD42G 2011961058 110 DRYER #2 Cissell L44KD42G 2011961059 110 DRYER #3 Cissell L44KD42G 2011961061 110 DRYER #4 Cissell L44KD42G 2011961060

Air Compressor #1 ATLAS COPOC GA37FF CJ-729352 Air Compressor #2 ATLAS COPOC GA37FF CJ-729737

Air Dryer #1 PNEUMATECH AS-250 9609-T124708-ST Air Dryer #2 PNEUMATECH AS-250 9609-T124711-ST

SANI WASH (Cart Washer) McClure Ind 500 Deluxe

CBW #1 Milnor 76039S4F 6681501 CBW #2 Milnor 76039S4F 6681401

Membrane Press #1 Milnor MP2606CL 6805601 Membrane Press #2 Milnor MP2606CL 6681480

SHUTTLE #1 Milnor CL4010DH 6681584 SHUTTLE #2 Milnor CL4010DH 6681484 SHUTTLE (W-E) Milnor CF6014TS 6681604

Storage Elevator #1 Milnor COLFB111 6681581 Storage Elevator #2 Milnor COLFB111 6681481 Storage Conveyor #1 Milnor COSTA112 6681482 Storage Conveyor #2 Milnor COSTA112 6681583

500LB DRYER #1 Milnor 7272TGIL 702983601 500LB DRYER #2 Milnor 7272TGIR 702983901 500LB DRYER #3 Milnor 7272TGIL 702983801 500LB DRYER #4 Milnor 7272TGIR 702983701 500LB DRYER #5 Milnor 7272TGIR 70284001

Washer Extractor 550LB #1 Milnor 640406E6N 6694103

Washer Extractor 550LB #2 Milnor 640406E6N 6694101 Washer Extractor 550LB #3 Milnor 640406E6N 6694102

95LB WASHER-EXT#1 Milnor 36026Q6P 6694107 95LB WASHER-EXT#2 Milnor 36026Q6P 6694104 95LB WASHER-EXT#3 Milnor 36026Q6P 6694105 95LB WASHER-EXT#4 Milnor 36026Q6P 6694106

DEVICE MASTER Milnor BELBOX12 6681495 CAKE ELEVATOR CONTROL Milnor BELBOX18 6681494 BLOWPIPE CONTROL Milnor BELBOX03 AAA 6681609

HOT WATER HEATING SYSTEM PARKER IND. TEA 967047

HEATING LOOP SYSYEM TEA TEA EHW-14-3798

ENERGY MONITORING SYSTEM SOFTROL TEA 20036103

WASHER EQUIPMENT SYSTEM SOFTROL TEA UNKNOWN

E-Tech / Monorail System E-Tech E-Tech UNKNOWN New Equipment Installations and Upgrades Upon Installation Upon Installation Upon Installation

4. ADDITIONAL MANAGED MAINTENANCE CONTRACT SERVICES REQUIREMENTS

4.1. All programs offered will assist the VA in reducing the operating costs of the laundry.

4.2. Contractor coordination of all maintenance work and PMs with existing VA Engineer maintenance personnel.

4.3. The long-term effect of maintaining equipment to Factory Specifications and reducing down-time will increase production and employee morale.

4.4. Contractor shall only order parts from Authorized Factory Distributor for equipment specified in

3.2.1. in the Statement of Work. Contractor must possess knowledge of VA specifications of equipment installation and equipment requirements and safety specifications.

5. WORK HOURS:

5.1. Routine Maintenance Technician: 5am to 2pm, (1) hour lunch

5.2. Factory Trained Technician: 7am to 4pm, (1) hour lunch

5.3. Exception: Factory Trained Technician may have schedule adjusted based on emergency repairs that affect production flow with the prior approval of the Contracting Officer’s Representative

(COR).

5.4. Federal Holidays: The ten holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.

6. CHANGES TO CONTRACT: Only those services specified herein are authorized. Changes to the contract are not authorized and reimbursement shall not be made for any work or services performed outside the scope of this contract, unless prior authorization is obtained in writing from the Contracting Officer.

7. QUALITY ASSURANCE: The Contractor shall comply with all applicable regulations and guidelines of the Joint Commission (JC), Occupational Safety and Health Administration (OSHA), California Public Utility Commission and/or any other pertinent federal, state, and local policies relating to the herein mentioned work. All tasks accomplished by the Contractor personnel shall be performed to preclude damage or defacement to patient or Government-owned property, equipment and facilities. The Contractor shall report any damage caused by the Contractor personnel to the COR. The Contractor shall replace items or repair property, equipment or facilities to previous condition, if the Contractor is determined to be at fault for the damage.

8. MONITORING PROCEDURES: The Contracting Officer Representative (COR) shall be responsible for monitoring the Contractor's performance. Performance deficiencies or poor performance identified during the term of the contract shall be reported to the Contractor. Upon notification of deficiencies or poor performance, the Contractor shall be given a reasonable time to take corrective action. If determined appropriate, the Contracting Officer, COR and/or other VA staff members shall meet with representatives of the Contractor to review performance and resolve issues.

9. CONTRACTING OFFICER REPRESENTATIVE (COR): Delegation of Authority letter(s) shall be forwarded to the Contractor after contract award identifying the COR(s) and all representatives of VAMC authorized to order services and to accept or reject services from the Contractor. This designation shall be furnished in writing to the Contractor prior to commencement of the contract.

10. CONTRACTOR POINT OF CONTACT:

10.1. The Contractor shall designate one (1) employee as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have authority to act for Contractor on all matters relating to the daily performance of this contract.

An alternate may be designated, but the Contractor shall notify the Contracting Officer and COR in writing those times when the alternate shall act as the POC.

10.2. The Contractor shall provide the name and telephone number of the person designated as Point of Contact and Alternate on the space below:

10.2.1. Point of Contact, Name:

10.2.2. Telephone Number:

10.2.3. Alternate Point of Contact, Name:

10.2.4. Telephone Number:

11. PERSONNEL POLICY: The Contractor has full responsibility for the protection of its personnel furnishing services under this contract, such as providing Workers' Compensation, professional liability insurance, health examination and social security payments. Payment for any leave, including sick leave or vacation time is considered the responsibility of the Contractor. The Contractor shall follow all existing local, state, federal employment laws and/or union regulations relevant to fringe benefits and premium pay for their employees.

12. FEDERAL HOLIDAYS: The following holidays are observed by the Federal Government; if a

Federal Holiday falls on a Saturday, the preceding Friday will be observed as the holiday, if a Federal Holiday falls on a Sunday the succeeding Monday will be observed as the holiday. In addition to those holidays listed below on occasion there may be other holidays declared by Executive Order:

New Year’s Day Martin Luther King’s Birthday Presidents Day

Memorial Day Independence Day Labor Day

Columbus Day Veterans Day Thanksgiving Day

Christmas Day

13. SERVICE CONTRACT ACT: The resulting contract shall be subject to the Service Contract Act of 1965 (as amended). Service employees performing under this contract shall be paid no less than the wages as indicated in the applicable Wage Determination incorporated by reference herein.

14. CONTRACTOR SUBMITTALS/INSURANCE REQUIREMENTS:

14.1. The Contractor shall comply with Federal and State Workers Compensation and liability insurance. Reference FAR clause 52.228-5-Insurance and Subpart 28.307-2-Liability.

14.2. The Contractor shall furnish to the Contracting Officer within fifteen (15) days of award an

Official Certification from the insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without guaranteed thirty (30) day notice to the Contracting Officer. New certifications shall be furnished at least thirty (30) days prior to the expiration date of the current insurance policy. The phrase “will endeavor” is not acceptable terms to the Government and such coverage carrying that phrase will be rejected and services may not be rendered until proper certificate is issued.

15. BACKGROUND SCREENING: In accordance with VHA Directive 0710 all Contractor personnel providing services under this contract shall be the subject to a background screening and shall receive favorable adjudication from the VA prior to contract performance. The level of screening for this contract is: Special Agency Check (SAC) only unless a National Agency Check is determined to be required by the VA ISO and/or Privacy Officer for contract personnel assigned to a low risk/non-sensitive position is expected to work more than 180 days. Any employee whose background investigation yields unfavorable results shall be removed immediately from performance under this contract. In the event the screening is not completed prior to contract performance; the Contractor shall be responsible for the actions of those individuals performing under the contract.

16. SMOKING POLICY: Smoking is strictly prohibited on the ground of any VHA facility. Per VHA directive 1085 dated March 5, 2019, it is VHA policy that all VHA health care facilities, including hospitals, community clinics, administrative offices and Vet Centers, will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019. There will no longer be designated smoking areas.

17. BADGES: All Contractor personnel shall wear VA provided identification (I.D.) badges above the waist at all times while on the VA grounds. Contractor shall coordinate with COR in order to obtain the VA provided I.D. badges for all Contracting Personnel. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear ID badges may result in removal from Federal Property.

18. SOLICITATIONS: Solicitation by Contractor personnel for any reason is STRICTLY

PROHIBITED.

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

EFT.

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in 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 ITEMS

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/

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-7 52.204-13

SYSTEM FOR AWARD MANAGEMENT

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

OCT 2019

OCT 2018

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

852.203-70 COMMERCIAL ADVERTISING MAY 2018

(End of Clause)

C.3 52.216-18 ORDERING (OCT 1995)

(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 4/1/2020 through 3/31/2025.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(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 $500.00, 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 $1,000,000.00;

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within 7 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.

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 effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 3/31/2025.

(End of Clause)

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.7 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 five (5) years.

C.8 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. As used in this clause—

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; and

(4) Orders set aside for any of the small business concerns identified in 19.000(a)(3) under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.

(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of Clause)

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes.