36C26322Q0084.docx

36C26322Q0084

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

36C26322Q0084 11-16-2021 Pamela Phillips 605-720-7020 12-02-2021

2:00 PM

MST

Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 113 Comanche Rd.

Fort Meade SD 57741 X 922160 N/A X Department of Veterans Affairs VA Black Hills HCS Fort Meade Campus 113 Comanche Rd.

Fort Meade SD 57741 Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 113 Comanche Rd.

Fort Meade SD 57741

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Contractor to provide all labor and materials per performance work statement.

Please note Executive Order COVID requirements.

Please fill in pricing complete on separate Schedule of Items.

Please follow all instructions in the Submission of Solicitation Package section on pages 43 and 44.

See CONTINUATION Page X X X Pamela Phillips Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263 Pamela Phillips Department of Veterans Affairs Network 23 Contracting Office (NCO 23)

113 Comanche Rd.

Fort Meade SD 57741

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

3. INVOICES: Invoices shall be submitted 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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PERFORMANCE WORK STATEMENT

FIRE SUPPRESSION AND EMERGENCY RESPONSE

The Contractor shall provide all management, supervision, labor, materials, supplies, repair parts, tools and equipment and shall plan, schedule, coordinate and assure effective performance of all services described herein. The Contractor shall provide fire suppression and emergency services in accordance with the requirements of this solicitation at the Veterans Affairs Medical Center Campus, (VAMC) Minneapolis, Minnesota and Buildings assigned to VAMC located at Fort Snelling (FS),. Throughout the rest of the document VAMC and FSNC will be referred to as” VAMC”.

The Contractor shall provide and maintain Contractor Owned/Contractor Operated (COCO) fire suppression and emergency medical services for the entire Veterans Affairs Medical Center in accordance with the following specifications. No facilities or equipment, except a fire alarm system central monitoring station with printer, will be provided for the use of the Contractor by the Government.

Capability or performance Work shall include all labor, supervision, apparatus, materials, equipment and supplies necessary or incidental to respond to all fire alarms, Hazardous Material Responses/Spills, confined space rescue, elevator entrapments, and fire/emergency calls initiated from the facility. All services shall be performed, as needed, (24) twenty-four hours a day, (7) seven days a week (24/7). Annual inspections of all buildings identified in the solicitation shall be performed by the contractor.

Applicable Conditions The VAMC is a campus Veterans Affairs Medical Center (VAMC), One Veterans Drive, Minneapolis, MN 55417 is a 133.75 acre facility located on a federal campus with 50 buildings. All patient care buildings are fully sprinklered and staff quarters have been equipped with smoke detectors. Hazardous materials in limited quantities are used and stored at multiple locations throughout the facility. A station plot plan showing the location, type and quantity of hazardous materials, as well as the occupancy of each building, will be provided to the successful offeror at the time of contract award. The plot plan will be available for review by the offerors upon request to the Contracting Officer (CO) or Contracting Officer’s Representative (COR). This paragraph applies to all sections of the specifications.

Delivery or performance period requirements The Contractor must provide a minimum of four (4) trained, paid and certified professional firefighters.( NFPA 1001Fire Fighter Professional Qualifications, NFPA 1002 Fire Apparatus Driver/Operator Professional, NFPA 1021 Fire Officer Professional Qualifications, available to respond to fire alarms/fire emergency calls at the VAMC, twenty-four (24) hours a day, seven (7) days a week regardless of ambulance calls, hazardous materials responses, illness, vacations or any other reason. In the event of concurrent or multiple alarm fires within the Contractor's jurisdiction, such coverage may be provided under a mutual aid agreement as specified under the heading Mutual Aid below (it is understood that the intent of Mutual Aid is not to supplement the contractor’s workforce, nor it is a satisfactory solution to meet the minimum staffing requirements of the resulting contract). If the minimum staffing level will always be exceeded, the offeror must state the staffing level that will be provided. The Contractor must maintain appropriate documentation, e.g. logs, duty rosters, sign in sheets, to demonstrate that the minimum staffing requirement is being met and must make that documentation available for review upon request by the CO or COTR. Engineers (Driver/Operators) shall be licensed to drive motorized firefighting equipment and operate specialized firefighting pumping equipment and mounted pressurized systems and dispensing devices. Notwithstanding, it shall be the responsibility of the Contractor to ensure that the minimum requirements of all applicable standards are met. Contractors (e.g. Fire Department) need to be escorted by VA Personnel with appropriate level of clearance (e.g. VA Police, IRM) when they are required to enter, perform routine maintenance or search in sensitive areas that include but are not limited to IT closets, IRM computer room, and areas containing radioactive materials.

The Contractor must have a minimum of two (2) fire pumper apparatus each with a minimum pumping capacity of 1200 gallons per minute and both meeting the requirements of NFPA 1901, Standard for Fire Pumper Apparatus. At least one such fire pumper apparatus must be available to respond to fire alarms/fire emergency calls at the Veterans Affairs Medical Center twenty-four (24) hours a day, seven (7) days a week. The Contractor must maintain documentation to demonstrate required availability of apparatus and make that documentation available for review upon request by the CO or COTR. If the minimum apparatus availability requirement will always be exceeded, the offeror must state the level of apparatus availability that will be provided. In the case of concurrent or extra alarm fires within the Contractor's jurisdiction, the apparatus availability requirement can be met by responses from other stations the contractor may operate or through mutual aid support from other municipal fire departments as specified below.

The Contractor must have the physical capability to respond with the minimum specified number of firefighting personnel and type of apparatus to a fire alarm and/or fire emergency call at any location on the grounds of the Veterans Affairs Medical Center within a maximum of eight (8) minutes or in accordance with NFPA 1710. The response time will be calculated as being from the moment of receipt of the alarm and/or emergency call until the first responding engine company arrives and comes to a full stop at the site of the fire suppression If a shorter response time than eight (8) minutes can always be assured, the offeror must state the response time that will be provided.

Mutual Aid The Contractor must be a full participant in an established mutual aid agreement with at least two (2) other municipal fire departments. That agreement must specifically provide for mutual aid responses to fire emergencies immediately upon request by the Contractor's Officer-In-Charge. A copy of the pertinent mutual aid agreement including all of its provisions and requirements shall be submitted to the Contracting Officer with the signed agreement. Notwithstanding, under no circumstances shall there be less than four (4) qualified professional fire fighters responding to any service under this agreement. In the event of multiple alarm fires, beyond the initial response, to include catastrophic events, the contractor will proceed in accordance with applicable industry standards for response to the type of emergency, coordinating the effort with the COTR if possible.

Immediately upon receipt of notice of award, the Contractor shall conduct an initial inspection of the complete VMAC Campus, prepare a detailed pre-fire plan for the facility in accordance with accepted national standards and subsequently update the plan as necessary. Cost for the above is included in the contract price. Date for inspection shall be mutually agreed upon between the Contractor and the COTR. The Pre-Fire Plan shall be located on the responding apparatus for quick reference during emergency calls initiated from the Veterans Affairs Medical Center . A copy of the initial pre-fire plan developed by the Contractor shall be submitted to the Contracting Officer within seven (7) calendar days of the date of inspection. Updates shall be provided to the government annually and made available for review upon request by the CO or COTR.

The Government will provide a central monitoring station contract for all the fire alarm systems at the VAMC. This work shall be accomplished within 14 days of notice to proceed and shall be coordinated between the Contractor and the COTR to ensure proper operation.

a. The Contractor shall commit and use all available resources necessary to suppress all fires at the VAMC as quickly as possible.

b. Fire suppression operations shall be conducted by the Contractor in accordance with all pertinent standards and codes, particularly including all applicable NFPA, IFC, OSHA and State of Minnesota standards, and in a manner, which safeguards life and property.

c. The Contractor shall maintain a fire watch at all fire sites after extinguishment until there is no possibility that a rekindle will occur.

d. The Contractor shall perform salvage and overhaul operations during and after fires in accordance with the conformance standards as defined (conformity with some esthetic standard of correctness or propriety).

e. Until arrival of Federal Protection Service (FPS) at the scene, the Contractor shall implement measures to deny entry of unauthorized personnel into fire-damaged buildings.

f. The Contractor shall be responsible for responding to all alarms within the time frames specified.

Offerors must state their most recent Insurance Services Organization rating and the date that rating was received. A minimum rating of 3 issued by ISO is required.

The contractor shall demonstrate the implementation of a comprehensive on-going training program for all Fire Department personnel, ensure all staff meet applicable NFPA training requirements and shall ensure that all personnel meet Minnesota state requirements in addition to NFPA 1001, 1002, 1021, for the positions they hold.

Hazardous Material Spill The Contractor shall provide apparatus and properly trained and equipped personnel as necessary to respond on a twenty-four (24) hours a day, seven (7) days a week emergency basis to all releases of hazardous substances occurring at any location on the grounds of the VAMC. All elements of each response must be conducted in accordance with the requirements of 29 CFR 1910.120, Occupational Safety and Health Standards, Hazardous Materials, Hazardous Waste Operations and Emergency Response and NFPA 472. Recommended Practice for Responding to Hazardous Materials Incidents. The Contractor will bring each response to the full conclusion of the incident mitigation stage described in Chapter 6 of the referenced NFPA Standard. The Contractor will also perform all required decontamination of personnel and their own equipment as required.. Decontamination of Government property including installed equipment, recovery and treatment of released hazardous materials required beyond the incident mitigation stage and the disposal of recovered hazardous materials will be accomplished by the Government The Contractor must develop and implement an emergency response plan meeting the requirements of subsection q (2) of the referenced OSHA Standard to handle anticipated emergencies at the VAMC prior to the commencement of emergency response operations. The plan shall be in writing and shall be available for review by interested parties upon request. The Government will provide the Contractor with the identity, quantity and location by building and room number of and the Material Safety Data Sheets for all hazardous substances listed in the station's existing hazardous materials inventory. The Government will also provide knowledgeable personnel to serve as members of the specific incident response planning team established by the Contractor.

If the 911 emergency system is not activated and notification is made through a federal facility, or agency the Government will notify the VAMC, whom in turn will notify the appropriate emergency responses by telephone that a hazardous substance release has occurred and will provide the exact location of that release. The Contractor's hazardous materials response team must arrive at the incident site within eight (8) minutes of receipt of notification of the release.

Appropriate personal protection equipment (PPE) shall be provided by the Contractor and used as required by OSHA regulations. All members of the Contractor's hazardous materials response team must have personal protective equipment that complies with NFPA 1991, if the contractor is responding to incidents regarding biological or terrorism incidents, responders’ personal protective equipment shall meet the requirements of NFPA 1994. All responders shall be trained in the use of PPE and qualified to use all personal protective equipment for responding to hazards of the types found at the VAMC.

The members of the Contractor's hazardous materials response team must be trained as specified below. The Contractor must maintain records to document successful completion of all required training and must make records available for review upon request by the CO or COTR during the contract period. Contractor will provide copies of the training certificates for levels and/or proof that the personnel have met all applicable OSHA Standards at the request of the CO or COTR.

a. All members of the response team must be trained to at least the hazardous materials technician level as described at subsection q (6)(F)(iii) of the OSHA Standard.

b. A minimum of one member of the responding team must be trained at the hazardous materials specialist level as described at subsection q (6)(F)(iv) of the OSHA Standard.

c. One member of the responding team must be trained to the on scene incident commander level as described at subsection q (6)(F)(v) of the OSHA Standard.

The Contractor shall provide Confined Space rescue services if required. The Contractor shall comply with all OSHA confined space entry requirements. The successful Contractor shall provide a copy of their existing plan used to conduct Confined Space Rescues, within fourteen (14) calendar days of receipt of the Notice of Award.

A copy of pertinent Mutual Aid agreement relating to this Section of the specifications will be made available at the request of the CO or COR. In addition to the above services the Contractor will provide annual confined space training as required by OSHA regulations. OSHA requires facilities to practice their rescue procedures with the response agencies/contractors on an annual basis. This training will be conducted with several maintenance shops on multiple days to ensure all shop personnel receive the required confined space rescue training.

Contractors shall forward a written report to the Department of Veterans Affairs, Safety Manager, and or the Designated Emergency Response Coordinator, and COTR after each incident for which the Contractor has responded to under this agreement. Report shall be submitted no later than ten (10) days after the report of incident. The cost of the preparation of this report, any copies required including photos, fax copies, scan copies, shall be included as a part of this contract. The following shall be included as a minimum requirement of the incident report.

A. NAME OF CONTRACTOR AND CONTRACT NUMBER.

B. CONTRACTOR SERVICE CALL NUMBER or alarm number.

C. DATE AND TIME CALL WAS RECEIVED. TIME ARRIVED ON SITE AND TIME LEFT.

D. A DETAILED FACT SHEET REGARDING THE INCIDENT

E. SIGNATURES:

a. Employee responsible submitting report.

b. VA Employee who witnessed service described.

FOOTNOTE: THE CONTRACTOR MAY DESIGN/DEVELOP ITS OWN REPORT FORM THAT INCORPORATES THE ABOVE MINIMUM CRITERIA. THE FORM SHOULD BE ON STANDARD 8 1/2 X 11 PAPER AND MUST BE APPROVED BY THE CO OR COTR PRIOR TO USE AND IMPLEMENTATION.

a). The Contractor shall provide competent supervision at all times. The Contractor shall designate as indicated below a Contract Manager (Fire Chief or designee) who shall be responsible for the overall management and coordination of the Contractor’s work force and shall act as the central point of contact with the Government.

Contractor’s Central Point of Contact: (Provide main telephone number(s) and contact person.)

c). The Fire Chief (Contract Manager) or alternate shall have full authority to act for the Contractor on all contractual matters relating to daily operations of this contract.

d). The Contractor shall become acquainted with and obey all Government regulations as posted and as requested by the CO/COTR when on the VAMC Minneapolis, Minnesota.

e) The Contractor shall use all available resources to safeguard human life and property, control and suppress all fires at the VAMC.

Services shall be performed in accordance with all city, state, local, federal, municipal codes, OSHA regulations and GSA Standards. The NFPA/ IFC Standards noted in the specifications are incorporated by reference only and are supplemental to this specification. It shall be the responsibility of the Contractor to adhere to all applicable NFPA /IFC Standards throughout the duration of the contract.

Any drawings or blueprints furnished are the property of the United States of America. These documents shall be reviewed by the Contracting Officer and the Veterans Affairs ISO release and shall be used only for informational purposes. Such references do not necessarily indicate that these locations or function designations will remain stable; they may be changed by the Veterans Affairs. Changes will be coordinated with the Contractor by the COTR prior to the initiation of such changes in order to assure adequate contractual coverage.

The Contractor shall certify in writing to the Contracting Officer that all employees meet the mandatory minimum requirements as noted herein and as required by the State of Minnesota. In addition, the Contractor shall ensure that proper staffing levels are maintained at all times as stated in Section 1 and Section 2 of the specifications.

a. The Government reserves the following rights: To hold the Contractor liable for property losses sustained by the Government as the direct consequence of a failure to furnish the required level of fire protection.

b. The parties to this contract hereto agree that the Contractor, as a result of his contractual obligation to supervise the personnel furnished and oversee the quality of their performance, is responsible for all performance or lack of performance of work required by this contract.

c. All Contractor employees shall be identified by a distinctive nameplate, emblem, or patch attached in a prominent place to an outer garment.

d. The Contractor shall develop a phase-in plan, which will cover the period of time between contract award and contract start date. (1) Training and orientation of contract employee’s to the various aspects of providing fire protection service specific to VAMC (2) Development of the pre-fire plan. This phase-in plan is due within ten (10) calendar days of award.

e. The Contractor shall provide a cascade phone list of points of contact for emergencies.

The Contractor shall establish a complete quality control program to ensure that all requirements are provided for, as specified in all sections of this contract. The Contractor’s Basic Quality Control Program shall reference NFPA and shall be provided to the Contracting Officer upon request. The Contractor’s Basic Quality Control Program shall include the following:

a. A statement describing how the Contractor will meet the basic requirements of this contract (i.e. staffing levels, time to respond to an incident, equipment requirements).

b. A method for identifying deficiencies in the quality of services performed before the performance becomes unacceptable.

c. A method of recording or logging the daily activities of the Contractor, which would demonstrate the Contractor's ability to maintain the minimum requirements of this contract.

The Government will monitor the Contractor's performance under this contract using the quality assurance procedures. A record of all QA inspections conducted by the Government will be provided to the Contractor during the term of this contract.

All tasks accomplished by Contractor personnel will be performed to minimize damage or disfigurement of Government-owned furnishings, fixtures, equipment, and architectural or building structures. The Contractor shall be responsible for all damages to real and/or personal property or injuries to persons that occur as a result of his/her negligence.

When the Contractor has caused damage or loss of Government equipment and/or when performance is determined unsatisfactory, the COTR will prepare and issue a Contract Discrepancy Report (CDR) through the CO. The Government retains all rights under this contract.

The following apply, as specified, to the requirements of the contract:

a. Federal Occupational Safety and Health Association (OSHA), 29 CFR 1910

b. National Fire Codes (NFPA)

· NFPA 472

· NFPA 1001

· NFPA 1002

· NFPA 1021

· NFPA 1500

· NFPA 1710

· NFPA 1991

· NFPA 1994

c. International Fire Code

1. The Contractor accepts responsibility for the facility in "as is" condition. Failure to inspect the facilities prior to contract award will not relieve the Contractor from performance of the requirements of this contract.

Contractor will attend a pre-work orientation meeting prior to the commencement of work on site. The VAMC will schedule this meeting and it will include discussion of the following topics: (VAMC will provide information to the Contractor regarding these topics and will document the meeting)

a. Fire and Safety

b. Hazardous Materials

c. Confined Space

d. Biological, Chemical and Terrorism Emergencies

2. The Contractor will be responsible to ensure that Contractor employees coming to the work site will receive the information required above.

3. The Contractor will be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

Page 1 of Page 1 of 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERALCONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021(published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the

Page 1 of Page 1 of

Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performedin whole or in part within the United States or its outlying areas.

(End of clause)

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors as shown below is hereby incorporated into the scope of work for the subject contract.

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Amended October 25, 2021)

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

4. For indefinite delivery contracts: Contractor agrees to comply with FAR 52.232-99 and VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

5. The Contractor hereby releases, waives, and discharges the Government from any and all liabilities (direct or indirect), obligations, claims, appeals, demands and requests for equitable adjustment (absent fraud), administrative or judicial, legal or equitable, arising out of, or related to this modification. In consideration of this modification, agreed to herein as a complete equitable adjustment of the contactor’s proposal arising under or related to the change(s) identified above, the contractor hereby releases the Government from any and all liability under this contract for further adjustment attributed contactor’s proposal. All other terms and conditions remain in full force and effect.

SCHEDULE OF ITEMS

BASE YEAR

12/26/2021 – 12/25/20222

ITEM 1001

Fire safety consult call

TOTAL CLIN a-e 1001______________________

OPTION YEAR ONE

ITEM 1002

12/26/2022 – 12/25/2023

Fire safety consult call

TOTAL CLIN a-e 1002______________________

OPTION YEAR TWO

ITEM 1003

12/26/2023 – 12/25/2024

Fire safety consult call

TOTAL CLIN a-e 1003______________________

OPTION YEAR THREE

ITEM 1004

12/26/2024 – 12/25/2025

Fire safety consult call

TOTAL CLIN a-e 1004______________________

OPTION YEAR FOUR

ITEM 1005

12/26/2025 – 12/25/2026

Fire safety consult call

TOTAL CLIN a-e 1005______________________

B.2 DELIVERY SCHEDULE

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…