36C26320Q0176-038.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 72

618-20-1-6100-0002

36C26320Q0176 01-03-2020

John Becker (john.becker3@va.gov) 605-336-3230 01-16-2020

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 x7960 john.becker3@va.gov

X 100

X

541380

$16.5 Million

N/A

X

Minneapolis MN VA Health Care System

One Veteran Drive

Minneapolis MN 55417

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

Tungsten Electronic Invoicing

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

Refer to VAAR Clause 852.232-72

See CONTINUATION Page

Annual Testing and Certification of Fume Hoods and Clinical

Laboratory Biological Safety Cabinets (BSCs) to support the Minneapolis MN VA Health Care System (VAHCS) located at

One Veterans Drive, Minneapolis MN 55417. See Statement of

Work (SOW) for specific requirements.

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

Subcontracting limitations apply; verified through payroll reporting.

DOL Wage Determination 2015-5369 Revision 7 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 submission requirements.

$0.00

See CONTINUATION Page

618-3600162-6100-850300-2580-010050100

618-20-1-6100-0002

X X

X one(1)

John Becker

VA-VHA-2019-95FFC7A6

36C26320Q0176

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) ...23

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 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.9 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

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

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

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 DOL 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 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.5 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:

Email:

Phone:

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] Within 30 days of completion of services

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.

Department of Veterans Affairs Tungsten Electronic Invoicing VA Tungsten Number: AAA544240062 mailto:John.becker3@va.gov va.registration@tungsten-network.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.

• 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

ANNUAL TESTING AND CERTIFICATION OF FUME HOODS AND CLINICAL

LABORATORY BIOLOGICAL SAFETY CABINETS TO SUPPORT THE MINNEAPOLIS MN

VA HEALTH CARE SYSTEM (VAHCS)

STATEMENT OF WORK PART A – GENERAL INFORMATION

A.1 INTRODUCTION: This requirement is for testing and certification of the Minneapolis VAHCS facility’s fume hoods, and the clinical laboratory biological safety cabinets. Testing and certification will be completed in accordance with applicable laboratory requirements.

A.2 BACKGROUND: The Minneapolis VA Healthcare System is pursuing a contract for testing and certification of laboratory fume hoods and BSCs.

This contract covers following at the Minneapolis VA Health Care System (MVAHCS):

1) Annual testing and certification of facility fume/canopy/slot hoods and Clinical Laboratory BSCs.

2) Repair of Clinical Laboratory BSCs including parts, labor, decontamination and retesting and recertification.

Contractor will provide all parts, tools, test equipment, software, labor, travel, and equipment necessary to provide the services performed under this contract. Equipment used in performance of the contract by contractor employees will be calibrated and a current certificate for this equipment will be provided at time of service.

Contractor shall ensure that the Minneapolis VAMC equipment functions in conformance with the most up to date published edition of the applicable standards including but not limited to the following: NSF, NIH, EPA, Joint Commission, UL, OSHA, CDRH, ANSI/ASHRAE, and VA standards.

A.3 SCOPE OF WORK:

A.3.1 NSF 49 Field Testing Requirements for Biological Safety Cabinets The contractor shall certify all Clinical lab biosafety cabinets to the most current version of NSF/ANSI 49, Annex F specifications. All equipment used to certify biological safety cabinets shall have National Institute of Standards and Technology (NIST) traceable or comparable calibration certification. Any unit that fails to meet NSF 49 specifications shall be clearly marked with a sign that will notify VA staff that the unit is out of order until further notice. In addition, any failures shall be reported directly to the contracting officer representative within several hours to initiate repairs, part replacement and scheduling.

All on-site certifications for Biological Safety Cabinets (BSCs) must be accomplished in accordance with the most current National Sanitation Foundation/American National Standards Institute (NSF/ANSI) Standard 49 Class II (laminar flow) Biosafety Cabinetry. The list of tests includes, but is not limited to:

• HEPA filter leak test

• Cabinet leak test

• Inflow velocity test to include exhaust airflow volume rate

• Airflow Smoke pattern test

• Electrical leakage and ground circuit resistance and polarity tests

• Lighting intensity test

• Vibration test

• Noise level test

• Ultraviolet (UV) lamp test

For each BSC passing the required certification tests, the contractor will supply a report for each unit with a certification sticker with the following information:

- Company name and address

- Unit make, model and serial number

- Report number

- Location (room number)

- Certification date

- Recertification date

- Technician signature

Repairs of BSCs The contractor will perform repairs of BSC units that fail certification or malfunctions during the year that require retesting and recertification. This will include all parts and labor for maintenance and will include decontamination (gas sterilization) as needed if the unit is deemed unusable and must be decontaminated prior to disposal. Contract must be onsite within 5 work days from day of repair request. It is anticipated that zero to two units may need repair per year. Decontamination is anticipated to be zero to one unit per year. These are estimates only and not guaranteed to occur.

Parts for Repairs. This lot is not defined, priced, or awarded for a specific repair and is subject to a Not to Exceed (NTE) ceiling price. The Contractor will provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Parts may be repaired or replaced, as the contractor deems appropriate. No used parts will be used to repair the equipment. Contactor shall furnish the COR or VA Technical Representative with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote for what that item would have cost for commercial pricing, so the Government has a basis for determining the price fair and reasonable or as an alternative, provide a quote used for another federal agency for similar item.

A.3.2 Fume/Canopy/Slot Hood/Testing and Certification

The contractor shall test and certify each fume/canopy/slot hood to ANSI/ASHRAE 110 and ANSI/AIHA Z9.5. Tests shall include: face velocity test and airflow smoke pattern test. The contractor shall use a NIST traceable or comparable currently calibrated piece of equipment to calculate the face velocity. The contractor shall report each individual face velocity reading and the average of those readings, a pass/fail grade for the airflow smoke pattern test. Any failures shall be reported directly to the contracting officer representative within several hours to facilitate inhouse repair followed by the contractor retest and certification.

For each fume hood passing the required certification tests, the contractor will supply each unit with a written report and certification sticker with the following information:

• Company name and address

• Certification date

• Recertification date

• Average face velocity

• Sash height (only for fume hoods) sticker indicating position for 100 fpm face velocity

• Technician name and signature

A.3.5.6 Report Distribution The contractor will immediately notify identified points of contact with any results indicating failure. A formalized written report including all required aspects specified in this Statement of Work will be provided in a timely manner with receipt by identified points of contact no more than 14 working days from certification evaluation.

All completed reports will be provided via email to vhaminsafety@va.gov

Contractor will be notified by facility of any updates to identified points of contact list on an as needed basis.

Testing Frequency: Annually during March of each contract year

STATEMENT OF WORK PART C – SUPPORTING INFORMATION

C.1 Place of Performance:

Facility Name Address

Minneapolis VAMC One Veterans Drive, Minneapolis MN 55417

The following BSCs are to be tested and certified annually (March). As units age and are replaced, the models, makes, and serial numbers are subject to change.

BSC BSC BSC

Clinical Laboratory 9 10 11

Physical Location (Building 70)

BA113 BA113 BB122

Manufacturer Baker NuAire Baker

Model Number SG404 NU-425-400 BCG601

BSC BSC BSC

Clinical Laboratory 12 13 14

Physical Location (Building 70)

BB128 BB129 BB130

Manufacturer NuAire NuAire NuAire

Model Number NU-407FM-400 NU-407FM-400 NU-425-400

Changes to facility PEC will be communicated in a timely manner to contractor and facility costs will be adjusted accordingly based on these changes. Contractor to provide unit-based costs for services to allow for adjustments in equipment.

Fume Hoods, Canopy Hoods, Snorkel Exhausts, Slot Hoods

Located in Building 70, 68, and 49 on our property. At this time there are approximately 110-120 units of these types, mostly fume hoods. A number of research laboratories are in the process of being converted to offices and this number may be expected to decrease. A list of units and their locations will be given when the contract is awarded.

Vendors may contact the COR or VA Technical Representative for further information. Annual testing and certification to be done annually in March.

C.2 Period of Performance: Contractor to provide required services in March of each contract year.

C.3 Special Considerations:

C.3.1 Contractor Furnished Materials:

The Contractor shall provide:

• All materials, personal protective equipment and tools required to complete the contract work.

• Contractor to ensure all staff that perform on-site testing arrive wearing non-shedding work clothing.

• Contractor staff will stop at security desk upon arrival and obtain a temporary photo VA

ID.

• No photography/filming allowed due to patient privacy.

C.3.2 Government Furnished Materials and Services:

The Government may provide desk phone service and temporary storage of equipment if requested and if space is available.

C.3.3 Qualifications of Key Personnel: Minneapolis VAHCS is seeking a qualified contractor that meets the following specifications:

• Proof of NSF Accredited Class II Biosafety Cabinet Field Certifier for each technician

C.3.4 Security Requirements: There are no security requirements required for this work, as samples are retrieved by the vendor and a test report is received in return.

C.3.5 Additional Considerations The contractor (or Representative) shall contact the facility identified COR or VA Technical Representative to schedule work and prior to the beginning of work. Scheduling of work will be at the direction of facility identified COR VA Technical Representative to ensure services will not disrupt current facility work schedules.

Services are to be performed during the hours between 8:00 AM and 4:30 PM Central Standard Time (CST), excluding federal holidays. Contractor may request from the COR or VA Technical Representative to perform services after 4:30pm CST at no additional charge.

C.3.6 Contract Monitoring and Oversight Management:

• Government: Quality control and administrative oversight of the overall contract agreement and basic processes of contract operations are the primary responsibilities of the COR or VA Technical Representative.

• Contractor: Contractor must provide a list of contacts (scheduler, technical manager and contract manager) including email addresses and phone numbers.

B.3 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB ___________ ___________

Biological Safety Cabinet (BSC) and Research and Clinical Laboratory Fume Hood Testing and Certification Service to support the Minneapolis VA Health Care System (VAHCS) located at One Veterans Drive, Minneapolis, MN 55417

Contractor to provide all labor and materials to test, certify, and mark clean areas, all fume hoods and laminar flow hoods (vertical, horizontal, and unidirectional). Repair services to be provided as needed and on emergency basis for the laminar flow hoods plus parts and filters. See Statement of Work (SOW) for a list of equipment.

Inspection and certification shall be completed Annually in the Month of March. The specific date/time shall be coordinated with Minneapolis VA Technical Representative.

Contract Period: Base POP Begin: 03-01-2020 POP End: 02-28-2021

2.00 EA ___________ ___________

Retesting and Recertification due to repair or malfunction of BSC.

The quantity is estimated and does not reflect an actual requirement.

Contract Period: Base

1.00 EA ___________ ___________

Decontamination (gas sterilization) of BSC. The quantity is estimated and does not reflect an actual requirement.

Contract Period: Base

8.00 HR ___________ ___________

Maintenance labor, per hour, for repairs. The quantity is estimated and does not reflect an actual requirement.

Contract Period: Base

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 LT ___________ ___________

Parts for Repairs. This lot is not defined, priced, or awarded for a specific repair and is subject to a Not to Exceed (NTE) ceiling price. The Contractor will provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Parts may be repaired or replaced, as the contractor deems appropriate. No used parts will be used to repair the equipment. Contactor shall furnish the COR or VA Technical Representative with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote for what that item would have cost for commercial pricing, so the Government has a basis for determining the price fair and reasonable or as an alternative, provide a quote used for another federal agency for similar item.

Contract Period: Base

BASE YEAR COST ______________

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

Laboratory Fume Hood Testing and Certification Service to support the Minneapolis VA Health Care System (VAHCS) located at One Veterans Drive, Minneapolis, MN 55417

Contractor to provide all labor and materials to test, certify, and mark clean areas, all fume hoods and laminar flow hoods (vertical, horizontal, and unidirectional). Repair services to be provided as needed and on emergency basis for the laminar flow hoods plus parts and filters. See Statement of Work (SOW) for a list of equipment.

Inspection and certification shall be completed Annually in the Month of March. The specific date/time shall be coordinated with Minneapolis VA Technical Representative.

Contract Period: Option 1 POP Begin: 03-01-2021 POP End: 02-28-2022

The quantity is estimated and does not reflect an actual requirement.

Contract Period: Option 1 estimated and does not reflect an actual requirement.

Contract Period: Option 1 estimated and does not reflect an actual requirement.

Contract Period: Option 1 specific repair and is subject to a Not to Exceed (NTE) ceiling price. The Contractor will provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Parts may be repaired or replaced, as the contractor deems appropriate. No used parts will be used to repair the equipment. Contactor shall furnish the COR or VA Technical Representative with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote for what that item would have cost for commercial pricing, so the Government has a basis for determining the price fair and reasonable or as an alternative, provide a quote used for another federal agency for similar item.

Contract Period: Option 1

OPTION YEAR 1 COST ______________

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

Laboratory Fume Hood Testing and Certification Service to support the Minneapolis VA Health Care System (VAHCS) located at One Veterans Drive, Minneapolis, MN 55417

Contractor to provide all labor and materials to test, certify, and mark clean areas, all fume hoods and laminar flow hoods (vertical, horizontal, and unidirectional). Repair services to be provided as needed and on emergency basis for the laminar flow hoods plus parts and filters. See Statement of Work (SOW) for a list of equipment.

Inspection and certification shall be completed Annually in the Month of March. The specific date/time shall be coordinated with Minneapolis VA Technical Representative.

Contract Period: Option 2 POP Begin: 03-01-2022 POP End: 02-28-2023

The quantity is estimated and does not reflect an actual requirement.

Contract Period: Option 2 estimated and does not reflect an actual requirement.

Contract Period: Option 2 estimated and does not reflect an actual requirement.

Contract Period: Option 2

Parts for Repairs. This lot is not defined, priced, or awarded for a specific repair and is subject to a Not to Exceed (NTE) ceiling price. The Contractor will provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Parts may be repaired or replaced, as the contractor deems appropriate. No used parts will be used to repair the equipment. Contactor shall furnish the COR or VA Technical Representative with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote for what that item would have cost for commercial pricing, so the Government has a basis for determining the price fair and reasonable or as an alternative, provide a quote used for another federal agency for similar item.

Contract Period: Option 2

OPTION YEAR 2 COST ______________

DESCRIPTION OF

SUPPLIES/SERVICES

Laboratory Fume Hood Testing and Certification Service to support the Minneapolis VA Health Care System (VAHCS) located at One Veterans Drive, Minneapolis, MN 55417

Contractor to provide all labor and materials to test, certify, and mark clean areas, all fume hoods and laminar flow hoods (vertical, horizontal, and unidirectional). Repair services to be provided as needed and on emergency basis for the laminar flow hoods plus parts and filters. See Statement of Work (SOW) for a list of equipment.

Inspection and certification shall be completed Annually in the Month of March. The specific date/time shall be coordinated with Minneapolis VA Technical Representative.

Contract Period: Option 3 POP Begin: 03-01-2023 POP End: 02-28-2024

The quantity is estimated and does not reflect an actual requirement.

Contract Period: Option 3 estimated and does not reflect an actual requirement.

Contract Period: Option 3 estimated and does not reflect an actual requirement.

Contract Period: Option 3 specific repair and is subject to a Not to Exceed (NTE) ceiling price. The Contractor will provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Parts may be repaired or replaced, as the contractor deems appropriate. No used parts will be used to repair the equipment. Contactor shall furnish the COR or VA Technical Representative with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote for what that item would have cost for commercial pricing, so the Government has a basis for determining the price fair and reasonable or as an alternative, provide a quote used for another federal agency for similar item.

Contract Period: Option 3

OPTION YEAR 3 COST ______________

DESCRIPTION OF

SUPPLIES/SERVICES

Laboratory Fume Hood Testing and Certification Service to support the Minneapolis VA Health Care System (VAHCS) located at One Veterans Drive, Minneapolis, MN 55417

Contractor to provide all labor and materials to test, certify, and mark clean areas, all fume hoods and laminar flow hoods (vertical, horizontal, and unidirectional). Repair services to be provided as needed and on emergency basis for the laminar flow hoods plus parts and filters. See Statement of Work (SOW) for a list of equipment.

Inspection and certification shall be completed Annually in the Month of March. The specific date/time shall be coordinated with Minneapolis VA Technical Representative.

Contract Period: Option 4 POP Begin: 03-01-2024 POP End: 02-28-2025

The quantity is estimated and does not reflect an actual requirement.

Contract Period: Option 4 estimated and does not reflect an actual requirement.

Contract Period: Option 4 estimated and does not reflect an actual requirement.

Contract Period: Option 4 specific repair and is subject to a Not to Exceed (NTE) ceiling price. The Contractor will provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Parts may be repaired or replaced, as the contractor deems appropriate. No used parts will be used to repair the equipment. Contactor shall furnish the COR or VA Technical Representative with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote for what that item would have cost for commercial pricing, so the Government has a basis for determining the price fair and reasonable or as an alternative, provide a quote used for another federal agency for similar item.

Contract Period: Option 4

OPTION YEAR 4 COST ______________

TOTAL CONTRACT COST ______________

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

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

Government must exercise its post-acceptance rights—

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

and

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

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

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

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

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

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

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

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

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

FAR

Number

Title Date

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) days.

(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) days; 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.

(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 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.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(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.

(End of Clause)

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.

C.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: Department of Veterans

Affairs, Minneapolis VAHCS Industrial Hygienist as to NIST, NSF/ANSI inspection and certification requirements.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: Department of Veterans Affairs, Minneapolis VAHCS Industrial Hygienist

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Provision)

C.9 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