36C26221R0103_1.pdf
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- Solicitation number
- 36C262-21-R-0103
About this file
This is a solicitation for shock chlorination services issued by the Department of Veterans Affairs. The solicitation seeks quotes for services including shock chlorination of domestic water systems at multiple VA facilities in order to comply with directives regarding Legionella bacteria remediation. Quotes are due by August 11, 2021 and must be submitted via email, identifying the solicitation number in the subject line. The services will be for an initial one-year period from the award date. The solicitation specifies requirements for experience, response times, buildings and systems to be treated, procedures, documentation, security, insurance, personnel, and invoicing. The NAICS code is 562910 for remediation services and the size standard is $22 million.
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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 63
36C26221R0103 08-04-2021
Omar Majette 562-766-2244 08-11-2021 13:00
00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815
X 100
X
Y
238220
$15 Million
N/A
X
Department of Veterans Affairs VA Greater Los Angeles Healthcare Syste, 11301 Wilshire Blvd
Los Angeles CA 90073
00262
Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive
Long Beach CA 90815
Financial Services Center www.tungsten-network.com 877-489-6135
See CONTINUATION Page
Thr Greater Los Angeles Veteran Healthcare System requires the following services listed in the attached Statement Of Work:
Please submit the proposed pricing in Section B of the
RFQ:
See CONTINUATION Page
X X
X 01
Omar Majette Contracting Officer
36C26221R0103
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 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN
2011)
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
B.4 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN
2011)
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY
2015)
C.2 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE
CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) ... 24
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
C.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) . 25
C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) 26
C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)
C.9 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-
OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009)
C.10 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS SET-ASIDE (DEC 2009)
C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2012)
C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)
C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2016)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 INSTRUCTIONS TO OFFERORS
E.2 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE
CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION
(DEVIATION) (FEB 2015)
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)
E.4 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW
(DEVIATION)(MAR 2012)
E.5 52.216-1 TYPE OF CONTRACT (APR 1984)
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.7 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)
E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION
(JAN 2008)
E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)
E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL
ITEMS (APR 2016)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
(continuation from Standard Form 1449, block 18A.)
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: [To be determined]
b. GOVERNMENT: Contracting Officer 00262
Department of Veterans Affairs
Network Contracting Office 22
4811 Airport Plaza Drive
Suite 600
Long Beach CA 90815
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—Other Than System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [MONTHLY]
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.
Financial Services Center www.tungsten-network.com
877-489-6135
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 SUBCONTRACTING COMMITMENTS--MONITORING AND
COMPLIANCE (JUN 2011)
This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments.
Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.
STATEMENT OF WORK (SOW)
1. Contracting Officer’s Representative (COR):
Name: Stephen Tourrette
Section: M&O
Address: 11333 Wilshire Blvd. Bldg. #295 LA, CA 90073
Phone Number: 310-268-3743
E-Mail Address: Stephen.Tourrette@va.gov
2. Contract Title:
Shock Chlorination Services
3. Background:
The VAGLAHS and SACC require shock chlorination services of their domestic water systems in order to comply with VACO directive 1061 for the purpose of Legionella bacteria remediation.
4. General Requirements:
a. The contractor must demonstrate experience performing shock chlorination for
Legionella remediation of potable water systems.
b. The contractor must be able to perform shock chlorination within 24 hours’ notice from the COR or designee any time of day and any day of week.
c. The minimum number of outlets to be shock chlorinated is one. There is no maximum
d. The contractor is responsible for all labor, equipment, materials and chemicals necessary to perform shock chlorination.
5. Scope:
This project is intended, but not limited to, performing shock chlorination services for the buildings listed in section 11. Buildings may be added or subtracted at any time as directed by the contracting officer per the request of the facilities Water Safety Committee.
6. Specific Tasks:
Shock chlorination will be performed as outlined below.
Chlorine Shock Chlorination
a. Free chlorine residual levels to be maintained between 5-10mg/L measured at the potable water supply, return and outlets of the system being shock chlorinated for at least 2 hours (but not exceeding 12 hours).
b. Outlets to be shock chlorinated will be flushed for 5 minutes when free chlorine residual levels and hold times have been met.
c. When all outlets have been shock chlorinated, the system shall be flushed and returned to normal operation.
2. Chlorine Dioxide Chlorination (Building 525 only)
a. Operate the shower in 118 and 117 going at medium temperature
b. Turn the CLO2 pump on manual at 100% output
c. Turn on showers 116, 115, 114, 113, 112, 111 at medium temperature for about 15 minutes
d. Turn off showers 116, 115, 114, 113, 112, 111 and leave 118 and 117 running until 10 ppm CLO2 is achieved - usually takes about 30 minutes.
e. Turn off showers 118 and 117 and turn on showers 116 & 115 and leaving running until 10 ppm CLO2 is achieved
f. Run hand under the auto sink in the room bathrooms in each room several times to flush the sinks with CLO2
g. Keep doing this pattern working back toward generator until room 102 and 101
h. In addition, run the kitchen sink the whole time and flush the bathrooms at least 10 times each to achieve 10 ppm CLO2
i. Put the pump back into auto
j. Take before and after water meter readings
k. Ensure normal operation of system
7. Performance Monitoring - Routine inspections by Facilities Personnel:
The contractor shall provide documentation of the shock chlorination procedures, free chlorine residuals and outlets remediated, including dates, times, and durations for each service.
8. Security Requirements:
Contractor shall check in with COR or designee when arriving and leaving the facilities
9. Government-Furnished Equipment / Government-Furnished Information:
None
10. Building Schedule:
VAGLAHS – 213, 214, 215, 217, 257, 500, 523 and 525
SACC – 99
11. Risk Control:
Project manager will ensure building occupants are aware of shock chlorination to avoid injury due to elevated chlorine levels
12. Place of Performance:
VAGLAHS 11301 Wilshire Blvd., Los Angeles, CA 90073 SACC 16111 Plummer St., Sepulveda, CA 91343
13. Period of Performance:
One year from date of award
GENERAL SCOPE
The Contractor will provide all necessary supervision, labor, materials, equipment, and tools, to perform cleaning and disinfection of the Hot & Cold Domestic Water Services and Carbon Filtered/Drinking Fountain System at the participating facilities. Contractor will use the shock chlorination method to mitigate and eradicate Legionella and other water pathogens within the water systems. The performance of this contract shall be in accordance with all local, state and Federal laws and regulations. Furthermore, the contractor shall also document the entire procedure and provide it to the COR.
TYPE OF CONTRACT
This is a firm fixed indefinite-quantity indefinite-delivery (IDIQ) contract for the services specified and effective for the period stated in the Schedule. The quantities of Line Item Numbers (LIN) items and services specified in the Price schedule are estimates only and are not purchased by this contract.
ORDERING
Any service to be furnished under this contract shall be ordered by issuance of task orders by the COR. Such task orders may be issued orally, telephonically, by facsimile, via e-mail. The Task order will specify the pertaining LIN corresponding to the building to be serviced by the Contractor.
SERVICE FREQUENCY
The required service frequency is based upon detection of legionella bacteria at any of the buildings within any of the participating facilities.
PERIOD OF PERFORMANCE
Term Performance Period Base Period
Option Year 1
Option Year 2
Option Year 3
Option Year 4
PARTICIPATING FACILITIES
Name: VAGLAHS, West Los Angeles Medical Center Address: 11301 Wilshire Blvd., Los Angeles, CA 90073 Linda, CA 92357 Name: VAGLAHS, Sepulveda Ambulatory Care Center Address: 16111 Plummer St, North Hills, CA 91343
CONTRACTING OFFICER REPRESENTATIVE (COR)
The COR shall be identified by the Contracting Officer (CO). The COR shall be the Contractor’s primary point-of-contact (POC) for all participating facilities.
The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or their delegated representative(s) acting within the limits of their authority.
The Contracting Officer Representative (COR) shall provide general instructions and shall be responsible for administrating the contract and ensuring invoices are certified.
Under the authority contained in VAAR 801.603-70 and 801.603-71, the following individual is designated as a COR for the above subject contract. This delegation remains active unless revoked by the Contracting Officer (CO) or upon termination or completion of the contract.
COR:
Phone:
E-mail:
Location:
CONTRACTOR POINT OF CONTACT (POC)
The Contractor shall designate one employee as the POC responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily performance of this contract.
The Contractor shall provide the name and telephone number of the person designated as Point of Contact, Alternate Point of Contact, and the name, location and telephone number of the office where normal and emergency service calls are to be placed:
Point of Contact (Full Name):
Telephone Number:
E-mail Address:
Alternate Point of Contact (Full
Name):
Telephone Number:
E-mail Address:
SPECIFIC REQUIREMENTS
Contractor will provide all necessary supervision, personal protective equipment, labor, materials, equipment, and tools, to perform the service.
Contractor shall use the shock chlorination method as the method of choice. Shock-chlorination - an initial disinfection residual in excess of 2 ppm, a holding time of 6 hours, and follow up flushing of the system to ensure safe residual (city water level) before a return to service. Protocol - Protocol includes running water through lines while injecting a solution of chlorine dioxide to achieve a chlorine dioxide residual of 2 PPM minimum. The disinfection solution will then be drawn through every outlet in the CLC until 2 PPM is achieved at each outlet and drinking fountain. The entire water system will be held for a minimum of two (6) hours after achieving 2 PPM chlorine dioxide residual at each outlet. Test at the completion of the six (6) hour wait time. If level has fallen below 1.5 PPM chlorine dioxide, then the hold process must be extended by one (1) hour. If the level has fallen below 0.5 PPM, then the process must be repeated. This process will be followed for the domestic cold water (DCW) and domestic hot water (DHW) as one system, and the Carbon Filtered system separately.
At the end of the disinfection period, the entire system will be flushed using hot water until each outlet has achieved an oxidant level equivalent to the incoming makeup water.
The following details the disinfection process in stages:
Stage I: Pre-Disinfection:
Ensure isolation of system disinfectants from personnel.
Set up injection connection and chemicals to be applied to distribution system at suitable agreed supplied points (Injection points to be identified).
Provide team for distribution of disinfectant, testing, isolation, and flushing.
Stage II: Disinfection Application
Begin disinfection at agreed upon time.
Flushing of outlets in agreed upon organized manner from disinfection start time.
Using supplied chlorine test system, contractor will close down outlets at a value tested greater than two (2) PPM free chlorine dioxide residual.
Test each outlet to ensure correct chlorine residual is reached.
Record the start time for the complete disinfection of entire distribution system.
Stage III: Disinfection
The system will then be isolated for six (6) hours.
At the end of six (6) hours, one near point outlet and one end point outlet will be tested to ensure that free chlorine dioxide residual has been maintained above 1.5 ppm free chlorine. If the level has dropped below 1.5 ppm, then the injection will be resumed, all points re-tested, and one hour added to this disinfection interval. If the level has dropped below 1.0 ppm, then the process will be re-started with a new two-hour disinfection interval.
Record disinfection completion.
Stage IV: Post Flushing
Commence system flushing at agreed time.
Flushing of outlets in agreed organized manner from flushing start time.
Using chlorine test, contractor will flush outlets until residual is that of city water chlorine levels.
Test outlets, to ensure safe residual level is reached. This level is to be equal to or less than city water supply.
Record the completion of the flushing of entire distribution system.
Stage V: Documentation and Certification
Provide documentation and certification of professional disinfection. The documentation will include the service report, the documentation of the procedures and recorded residuals, as well as a completion certificate for your records.
VAGLAHS will provide personnel to assist in getting access to work areas and performance monitoring.
A schedule shall be agreed upon to prior to start of work to ensure there are no conflicts of scheduling that may affect patient care and day to day operations of the hospital.
Documentation and certification of professional disinfection shall be provided to VAGLAHS, which shall include service report, the documentation of the procedures and recorded residuals, as well as a completion certificate.
BUILDING INVENTORY
The Contractor shall be responsible for cleaning the following buildings:
Building B207 – Salvation Army Haven
Building B209- Homeless Veterans Housing Building B212 – Salvation Army Haven Building B213 – CLC Building B214 – Domiciliary Building B215 – CLC Building B217 – Domiciliary Building B257 – Homeless Veterans Housing Building B500 – Main Hospital Building B501 – Central Plant Building B512 – Fisher House Building B525 – Distant Patient Lodging
SERVICE HOURS
Regular business hours are 8:00 a.m. to 5 p.m. The hours of operation may be periodically adjusted based upon agreement among the COR and the Contractor.
NATIONAL HOLIDAYS: The Contractor is not required to provide services on the following National Holidays nor shall the Contractor be paid for these holidays:
New Year’s Day January 1 Martin Luther King‘s Birthday Third Monday in January
President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25
When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday by U.S. Government agencies.
Also included would be any other day specifically declared by the President of the United States as a National Holiday.
PROTOCOL FOR INCIDENTS
The Contractor shall immediately report any accidents or damage claims to the COR.
All customer claims shall be directed to and handled by the supervising Contractor who shall immediately notify the COR.
GENERAL PUBLIC LIABILITY
The Contractor shall be completely liable for all damages and general public damage while in the performance of the required services. All claims brought to the attention of the Contractor shall be immediately investigated and validated claims shall be processed for settlement.
The Contractor shall be required to provide and maintain insurance on all services and employees who will be providing services under this contract. Insurance shall include but not be limited to the minimum amounts stated in these specifications in accordance with FAR regulations including FAR 52.228-5 (Insurance-Work on a Government Installation) and VAAR 852.237-70 (Contractor Responsibilities). Supplemental insurance requirements are as follow:
Workers’ compensation and employer's liability: Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes.
The required amount shall be the maximum allowed for the services being performed by law. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
The Contractor shall provide the Contracting Officer insurance certificate(s) evidencing the required minimum coverages before commencement of services under this contract.
Failure to maintain the proper insurance will be considered a breach of contract and may result in termination for default. The Department of Veterans Affairs shall also be named as an additional insured on the above and the insurance must be maintained during the entire performance of the contract. The COR shall be notified at least thirty
(30) days prior to any cancellation or reduction of coverage. As noted herein, the Contractor shall be held responsible for any and all claims or damages caused during the performance of the Contractor’s services.
CONTRACTOR PERSONNEL SECURITY REQUIREMENTS AND
BACKGROUND SCREENING
In accordance with VHA Directive 0710, all Contractor Staff performing Non-sensitive positions for 180 days or less days are exempted from the investigative requirement of Executive Order 10450.
REGULATORY COMPLIANCE
The Contractor shall be responsible for complying with all appropriate regulations and guidelines of the Occupational Safety and Health Administration (OSHA), Department of Transportation, and/or any other pertinent federal, state, and local policies relating to the herein mentioned work The Contractor shall provide adequate on-site supervision at all times in order to achieve quality assurance and to handle all customer concerns and parking incidents.
UNIFORM
The Contractor’s Staff shall wear uniforms with identification of contractor and employee’s name. Uniforms must be consistent in style and color and be worn at all times during performance of contract duties. Contractor Staff shall present a neat and clean appearance and be easily recognized as contractor staff.
Contract Staff shall not utilize clothing, signs, or any other item that conveys support for a particular political party or figure, union, or other personal statement.
OVERTIME AND HOLIDAYS
Any overtime or holiday pay that may be entitled to Contractor personnel performing under this contract shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.
PARKING POLICY
It is the responsibility of Contractor Staff to park only in designated parking areas.
Parking information is available from the VA Police. The VA shall not invalidate or make reimbursement for parking violations of Contractor personnel under any circumstances.
SMOKING POLICY
The Contractor Staff may smoke only in designated areas.
BADGES
All Contractor personnel shall be required to wear VA provided identification (I.D.)
badges above the waist at all times while on the VA grounds. The Contractor shall be required to coordinate with COR in order to obtain the VA provided I.D. badges for all staff. All VA provided I.D. badges shall be returned at the end of the contract or as requested by the COR. Failure to wear I.D. badges may result in removal from federal property.
GOVERNMENT FURNISHED EQUIPMENT (GFE)
No GFE will be provided.
INVOICING
The Contractor shall invoice the Government after each schedule visit in arrears.
The Contractor shall invoice the Government according to the pertaining Line Item Number (LIN) corresponding to the building(s) that was/were serviced during the scheduled visit; buildings not serviced shall not be billed during the scheduled visit.
No advance payments shall be authorized.
Payment of invoices may be delayed if reports are not completed and submitted as specified in this statement of work.
The invoice shall be itemized to include the following minimum information:
• Invoice Number and Date.
• Contract Number.
• Obligation Number.
• Date of service.
• Line item.
• Participating facility.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBE
R
DESCRIPTION OF
SUPPLIES/SERVIC
ES
QUANTIT
Y
UNI
T UNIT PRICE AMOUNT
7.00 JB ________________
Shock Chlorination – B99, 213, 214, 215, 217, 257 and 523 Contract Period: Base POP Begin: 08-11-2021 POP End: 08-10-2022
4.00 JB ________________
Shock Chlorination B500 Contract Period: Base
12.00 JB ________________
Shock Chlorination B525 Contract Period: Base
12.00 JB ________________
Shock Chlorination of 10 additional outlets once on site Contract Period: Base
4.00 JB ________________
Weekend Premium for chlorination services.
Contract Period: Base
52.00 JB ________________
Chlorine Dioxide Shock Services Contract Period: Base
GRAND TOTAL ________________
B.4 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND
COMPLIANCE (JUN 2011)
This solicitation includes 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS (MAY 2015)
(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, contract 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 contract 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) System for Award Management (SAM).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.
To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.
(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.
https://www.acquisition.gov/
(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 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT
REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS
(DEVIATION) (FEB 2015)
(a) The Contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.
(End of Clause)
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the contract period expiration date.
(End of Clause)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR
2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within (10 days); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 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
(End of Clause)
C.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION
(JAN 1997)
(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or…
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