36C26320Q0037-001.pdf

PDF Posted Jan 10, 2020

Attached to: H312--Fire Alarm Inspection, Testing, and Repair Service
Solicitation number: 36C26320Q0037
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 23

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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 72

636-20-2-9172-0003

36C26320Q0037 01-10-2020

John Becker (john.becker3@va.gov) 605-336-3230 ext 7960 01-22-2020

10:00 AM CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

John Becker, 605-336-3230 Ext 7960 john.becker3@va.gov

X 100

561621

$22 Million

N/A

Department of Veterans Affairs

Des Moines VA Health Care System

3600 30th Street

Des Moines IA 50310

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

Tungsten Electronic Invoicing System

VA Tungsten Number is: AAA544240062 va.registration@tungsten-newtork.com

Refer to VAAR Clause 852.232-72

See CONTINUATION Page

Fire Alarm Inspection, Testing, and Repair Service to support the Des Moines VA Health Care System located at

3600 30th Street, Des Moines, IA 50310-5753.

See Statment of Work (SOW) and Cost Schedule for specific requirements and contractor qualifications.

Period of Performance: 3/1/2020 to 2/28/2021

Contract includes four (4) one-year option periods.

This procurement is set-aside for SDVOSB entities. SDVOSB firms shall be registered and verified in the Department of

Veterans Affairs VIP database at the time of submission of offer and prior to award.

Offerors shall have an Active System for Award (SAM) registration at the time of offer and prior to award.

Subcontracting limitations apply; verified through payroll reporting.

DOL Wage Determination 2015-4979 Revision 9 applies to services performed under this requirement.

Evaluation of Offers: Lowest Price Technically Acceptable

See FAR Clause 52.212-2, Evaluation of Offers for specific details and offer submission requirements

See CONTINUATION Page

636-3600162-9172-850300-2580-0300410S5

636-20-2-9172-0003

X X

X one(1)

John Becker

VA-VHA-2019-95FFC7A6

36C26320Q0037

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...25

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

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

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)

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 DEPARTMENT OF LABOR WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

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

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (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:

Business Name:

DUNS Number:

Contact Person:

Contact Phone:

Contact Email:

b. GOVERNMENT: Contracting Officer

Name: John Becker, Contracting Officer

Email: John.becker3@va.gov

Phone: 605-336-3230 ext 7960

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly, in arrears

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Electronic Invoicing System

VA Tungsten Number is: AAA544240062 va.registration@tungsten-newtork.com

Refer to VAAR Clause 852.232-72

5. ADDITIONAL INVOICING INSTRUCTIONS. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

• Name and Address of Contractor

• Contractor’s Invoice Date and Invoice Number

• Contract Number, Task Order Number, and/or Purchase Order Number

• Date(s) of Service

• Cost of service, i.e., hourly rate, quantity, job cost, trip, etc.

mailto:John.becker3@va.gov

• Total price

Electronic Invoice Submission Method. Invoice(s) shall be electronically submitted through the Tungsten Network: https://www.tungsten-network.com/customer-campaigns/veterans-affairs/

The VA-FSC pays all associated transaction fees for VA orders.

The Tungsten direct vendor support number is 877-489-6135 for VA contracts.

During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA- FSC. This process can take up to five (5) business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. https://www.tungsten-network.com/us/support/’

The VA-FSC pays all associated transaction fees for VA orders.

For additional information, please contact:

• Tungsten Support, Phone: 1-877-752-0900, Email: va.registration@tungsten-network.com

• Department of Veterans Affairs Financial Service Center, Phone: 1-877-353-9791, Email: vafscched@va.gov

6. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

FIRE ALARM INSPECTION, TESTING, AND REPORTING SERVICE

1. BACKGROUND. The VA Central Iowa Health Care System has a need for fire alarm inspection, testing and reporting services in accordance with National Fire Protection Association (NFPA 72) to ensure all applicable codes, regulations and standards are being met. Inspections, testing and reporting will be conducted semi-annually on designated Simplex Fire alarm systems. The services are required for a base year period and four (4) one-year option periods.

2. APPLICABLE CODES, STANDARDS AND REGULATIONS:

• NFPA 101 Life Safety Code – Most Recent Edition

• NFPA 72 National Fire Alarm and Signaling Code – Most Recent Edition

• NFPA 80 - Standard for Fire Doors and Other Opening Protective - Most Recent Edition

• NFPA 105 – Standard for Smoke Door Assemblies and Other Opening Protective - Most Recent Edition

• VA Fire Protection Design Manual – Most Recent Edition

• Simplex Manufacturer’s maintenance manuals.

• Simplex Manufacturer’s scheduled maintenance recommendation.

3. CONTRACTOR RESPONSIBILITES. The Contractor shall furnish all labor, materials, tools, equipment, transportation, and certified personal to perform fire alarm testing and inspection services in accordance with the technical guidance listed below. Contractor will be responsible for all transportation cost at no cost to the government. Services will be provided at structures on the VA-CIHCS main campus at 3600 NW 30th Street, Des Moines, IA 50310.

4. TECHNICAL GUIDANCE.

a. Technicians performing work shall be NICET Level 2 Certified.

b. The contractor shall always maintain a safe work area. This includes checking in with

Safety Office (Life Safety Manger) to get contractor badges, properly barricading the work area from access by un-authorized personnel and the use of proper personal protective equipment by inspection technicians.

c. Inspect and test all currently installed dampers in accordance with all applicable codes, standards and regulations.

d. Test off-site notification system to ensure compliance within 90 seconds per NFPA requirements.

e. A complete report of all alarms will be provided to the Life Safety Manager. The report provided by the contractor must be The Joint Commission (TJC) approved/accepted. The report must identify what edition the inspection was conducted under. The VA Technical Representative must agree with the current edition.

f. A summary report of the inspection/test (Joint Commission Standard EC.02.03.05 SG-INSP-102) will be provided to the Life Safety Manager. The Fire Alarm and Detection System Inspection Report will include, as a minimum, the following information:

i. Deficiency Report. Discrepancies to be grouped by device type for each area and location and device type.

ii. Proposed Recommendations Report. Recommendations for each testing/inspection section, grouped by device type.

iii. Comments Report. Comments for each testing/inspection section, grouped by device type.

iv. Inspection Summary. Listed by Inspection item, total inspected, passed, failed, not inspected, and passed after repair.

v. Quarterly and Semi-Annual Fire Alarm System Report of Inspection for all testable items.

vi. Duct Detector Inspection Results

vii. Heat Detector Inspection Results

viii. Smoke Detector Inspection Results

ix. Pull Station Inspection Results

x. Alarm Notification Device Inspection Results

xi. Electromechanical Releasing Devices

xii. Air Handler, Fan, and Fan Shutdown Device Inspection Results

xiii. Remote Power Supply Inspection Results

xiv. Sensitivity Testing Detail Test Results

g. The operational test of the alarms shall verify that the alarm operates properly and that no components are damaged, rusted/corroded, misaligned or misadjusted.

h. Repair work:

i. If additional repairs are required to make an alarm operational, provide the nature of the repair and a budgetary cost estimate needed in the inspection summary report.

ii. Any additional charges claimed must be approved by the Contracting officer before service commences. Any additional work performed by the contractor without the prior written approval of the CO will be performed by the contractor at no additional cost to the government.

i. Panel Listing

Building Number Panel Type

1/1W 4100ES

2 4100ES

3 4010

4 4010

5 4010

6M 4100U

7M 4100ES

9 4010

10 4020

11 4010ES & 4100U (main control Panel)

12 4100U

21/24 4010

j. Future panel updates

• Build 4 panel updated from a 4010 to a 4100ES.

• Updating fire alarm panels in the following buildings:

o Building 3 o Building 5 (patient building) o Building 9 o Building 10 o Building 23/24

5. SECURITY, SAFETY, AND HEALTH REQUIREMENTS. The Security and Safety Requirements pertains to station policy for projects performed at the Central Iowa Health Care Center. Safety and health concerns are taken seriously at this facility. All employees of the Contractor are expected to strictly adhere to these regulations and requirements. This is exceedingly important, since we must be primarily concerned for the safety and health of our patients. In this regard, OSHA Standards may protect worker safety and health, but they have minimal benefit for protecting the safety and health of our patients, due primarily to their differing medical conditions. Review this information as orientation with your personnel performing work on site. Where the requirements as outlined in this or other regulations are differing, the more stringent shall apply.

a. Security Plan:

i. The security plan defines both physical and administrative security procedures that will remain effective for the entire duration of the project.

ii. The General Contractor is responsible for assuring that all sub-contractors working on the project and their employees also comply with these regulations.

b. Security Procedures:

i. Secure all construction areas, especially mechanical and electrical rooms against entry of unauthorized individuals including patients.

ii. Unless specified, working hours other than regular working hours will require authorization by the contracting officer. Regular work hours for the medical center are Monday–Friday, 8:00 a.m. to 4:30 p.m.

iii. General Contractor’s employees shall not enter the project site without appropriate badge. They may also be subject to inspection of their personal effects when entering or leaving the project site.

iv. For working outside the “regular hours” as defined in the contract, The General Contractor shall give three (3) working days’ notice to the Contracting Officer and/or VA Technical Representative so that arrangements can be provided for the employees. This notice is separate from any notices required for utility shutdown described later in this section.

v. No photography of VA premises is allowed without written permission of the Contracting Officer and/or VA Technical Representative.

vi. VA reserves the right to close down or shut down the project site and order General Contractor’s employees off the premises in the event of a national emergency. The General Contractor may return to the site only with the written approval of the Contracting Officer and/or VA Technical Representative.

c. Key Control:

i. The general contractor's superintendent and/or primary representative will be issued necessary keys daily for those areas outside the construction barriers that require their access (i.e. utility closets, electrical closets, mechanical spaces, etc.) and return these keys at the end of each business day. No more than two keys/day will be issued. The Engineering Office will maintain a logbook to account for these keys. Contractors that fail to return these keys will be assessed a $25.00 charge.

d. All publications listed below shall be followed and adhered to while conducting repairs, testing, maintenance and inspections.

• National Fire Protection Association Standards. (NFPA) (most recent edition)

• National Electrical Code. (NEC) (most recent edition)

• Joint Commission (TJC) requirements.

• VA Fire Protection Design Manual. (most recent edition)

6. FACILITY HOURS OF OPERATION

a. Normal hours of operation are Monday through Friday from 8:00 AM to 4:30 PM

Central Time, excluding federal holidays. All work shall be performed during normal hours of operation unless prior approval from the VA Technical Representative is received.

b. Contractor may be authorized to provide services after hours and on weekends.

Contractor must obtain prior approval from VA Technical Representative before working after hours. No additional fees shall be authorized for after hour service.

c. No service shall be performed before 7:00 AM or after 9:00 PM unless prior authorization is received from the VA Technical Representative.

d. Federal holidays observed include:

i. New Year's Day (January 1)

ii. Birthday of Martin Luther King, Jr. (Third Monday in January)

iii. Washington's Birthday (Third Monday in February)

iv. Memorial Day (Last Monday in May)

v. Independence Day (July 4)

vi. Labor Day (First Monday in September)

vii. Columbus Day (Second Monday in October)

viii. Veterans Day (November 11)

ix. Thanksgiving Day (Fourth Thursday in November)

x. Christmas Day (December 25)

xi. Also included would be any other day specifically declared by the President of the United States to be a federal holiday.

7. FACILITY-SPECIFIC GUIDANCE

a. Department of Veterans Affairs facilities are smoke-free. No smoking on the grounds and/or property of the Des Moines VAHCS. Smoking inside of vehicles is also not allowed.

b. Government Parking. Contract employees shall park in designated parking locations.

The location will be provided by the Des Moines VA Technical Representative.

c. Possession of weapons on Government property is prohibited. Enclosed containers, including tool kits, shall be subject to search at any time.

d. Contractor Employee Conduct and Behavior. Contractor employees shall be professional at all time, not use profanity, or make/use derogatory comments while on Government property.

e. No alcoholic beverages or drugs are allowed on the installation.

f. Any violation on Federal Property may result in a citation answerable in the United

States (Federal) District Court, not a local district, state or municipal court. This includes traffic citations on Federal property.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

5.00 EA __________________ __________________

Simplex 4010 Fire Alarm Panel Inspection and Testing Service

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base POP Begin: 03-01-2020 POP End: 02-28-2021

1.00 EA __________________ __________________

Simplex 4020 Fire Alarm Panel Inspection and Testing Service

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

3.00 EA __________________ __________________

Simplex 4100U Fire Alarm Panel Inspection and Testing Service

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

Simplex 4100ES Fire Alarm Panel Inspection and Testing Service

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

Simplex 4010ES Fire Alarm Panel Inspection and Testing Service

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

2.00 EA __________________ __________________

Annunciator LED-Type Inspection and Testing Service

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

8.00 EA __________________ __________________

NAC Power Extender (Includes Battery Testing)

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

83.00 EA __________________ __________________

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Duct Detector Functional Test Only Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

39.00 EA __________________ __________________

Heat Detector: Restorable

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

264.00 EA __________________ __________________

Smoke Detector Test and Inspection

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

216.00 EA __________________ __________________

Fire Alarm Box (Manual Pull Station)

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

272.00 EA __________________ __________________

Fire Alarm Audio Visual Device (A/V)

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

16.00 EA __________________ __________________

Audible Notification Devices

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

32.00 EA __________________ __________________

AHU Fan Shutdown Devices

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Base

TOTAL OF BASE YEAR: __________________

ITEM

NUMBER

DESCRIPTION OF

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 1 POP Begin: 03-01-2021 POP End: 02-28-2022

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 1

Duct Detector Functional Test Only

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 1

ITEM

NUMBER

DESCRIPTION OF

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 1

TOTAL OF OPTION YEAR 1: __________________

ITEM

NUMBER

DESCRIPTION OF

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 2 POP Begin: 03-01-2022

ITEM

NUMBER

DESCRIPTION OF

POP End: 02-28-2023

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 2

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 2

TOTAL OF OPTION YEAR 2: __________________

DESCRIPTION OF

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 3 POP Begin: 03-01-2023 POP End: 02-29-2024

Semi-Annual Inspection (Twice per year)

Contract Period: Option 3

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 3

Semi-Annual Inspection (Twice per year)

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contract Period: Option 3

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 3

TOTAL OF OPTION YEAR 3: __________________

DESCRIPTION OF

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 4 POP Begin: 03-01-2024 POP End: 02-28-2025

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 4

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contract Period: Option 4

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 4

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 4

Semi-Annual Inspection (Twice per year) Des Moines IA VA Health Care System (VAHCS) Contract Period: Option 4

TOTAL OF OPTION YEAR 4: __________________

TOTAL CONTRACT COST (BASE AND ALL OPTIONS) ___________________________

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.

(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.

(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;

(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/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

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

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

(End of Clause)

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

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) calendar days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (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.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 elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting

Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting

Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

C.6 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. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran owned small business concern or SDVOSB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR

802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled

Veteran with permanent and severe disability, the spouse or permanent caregiver of such

Veteran;

(iii) The business meets Federal small business size standards for the applicable North

American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov);

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration

(SBA) regulations regarding small business size and government contracting programs at 13

CFR part 121 and 125,…

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