36C26322Q0417.docx

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26322Q0417 04-07-2022 Jeffrey Brown Jeffrey.Brown8@va.gov 04-17-2022

5:00 PM

CDT

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul

MN

55101 X 811310 $8 Million N/A X Department of Veterans Affairs Fargo VA Medical Center 2101 Elm St N Fargo

MN

58102 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul

MN

55101

Y Department of Veterans Affairs Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page This acquisition is for generator inspection and preventative maintenance at the Fargo VAMC as defined in the Statement of Work and Maintenance Schedule below.

Prior to submitting a quote, please review all documentation within.

Review and follow INSTRUCTIONS TO OFFERORS in Clause 52.212-1 Addendum.

$0.00 See CONTINUATION Page X X X Donald Gilbert

NCO231SL3-4302

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 Donald Gilbert Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101

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 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 PRICE/COST SCHEDULE

ITEM INFORMATION

Provide services related to the maintenance and repair of emergency generators and associated equipment in accordance with the Statement of Work.

Contract Period: Base POP Begin: 04-25-2022 POP End: 04-24-2023 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and Rebuilding of Equipment - Mechanical Power Transmission Equipment

Provide services related to the maintenance and repair of emergency generators and associated equipment in accordance with the Statement of Work.

Contract Period: Option 1 POP Begin: 04-25-2023 POP End: 04-24-2024 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and Rebuilding of Equipment - Mechanical Power Transmission Equipment

Provide services related to the maintenance and repair of emergency generators and associated equipment in accordance with the Statement of Work.

Contract Period: Option 2 POP Begin: 04-25-2024 POP End: 04-24-2025 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and Rebuilding of Equipment - Mechanical Power Transmission Equipment

Provide services related to the maintenance and repair of emergency generators and associated equipment in accordance with the Statement of Work.

Contract Period: Option 3 POP Begin: 04-25-2025 POP End: 04-24-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and Rebuilding of Equipment - Mechanical Power Transmission Equipment

Provide services related to the maintenance and repair of emergency generators and associated equipment in accordance with the Statement of Work.

Contract Period: Option 4 POP Begin: 04-25-2026 POP End: 04-24-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and Rebuilding of Equipment - Mechanical Power Transmission Equipment

B.3 RATE TABLES

PRICING – List may be modified to include line items additional line items if applicable.

Load Banking will be completed with required 3-Year Test

Base Year Building 11 Base Period

Building 1 Base Period

Building 9

Building 46

Building 10 Generator

Option Year One

Building 11

Option Year Two

Building 11

Option Year Three

Building 11 Base Period

Option Year Four

Building 11

36C26322Q0417

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B.4 STATEMENT OF WORK

All Work to be scheduled around hospital operations for patient care and staffing.

1. SCOPE OF WORK

The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, certifications, and other services to provide generator maintenance and inspection/testing. Schedule visits with the VA at least two weeks in advance of all services and/or inspections are to be done concurrently. Generators located at the Fargo VA Health Care System, 2101 N Elm St. Fargo, ND 58102. The Fargo VA Health Care system has 5 (five) generators. 4 (four) Level 1 – System shall be installed when failure of the equipment to perform could result in loss of human life or serious injuries and 1 (one) Level 2 – System shall be installed where failure of the Emergency Power Supply System is less critical to human life and safety.

This service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information and does not require Certification and Accreditation or a Memorandum of understanding – interconnection agreement for system interconnection.

For Maintenance, inspection, and testing, the Contractor is responsible for ensuring all current Joint Commission, NPFA and any other applicable standards are met. The standards may change yearly. The Contractor shall keep update on all standards and document as needed.

Generators to be tested are shown in the table below.

Level 1 Generator

Level 1 Generator

Level 1 Generator

3.

Level 2 Generator

Level 1 Generator

1. SITE VISIT

1. Offerors or quoters are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The contractor is encouraged to conduct a thorough investigation of the site prior to beginning work and report any preexisting conditions to the COR prior to beginning work.

1. TIMES DEFINED

Annually – Every Year – Once a Year Annual is defined as every twelve (12) months, plus or minus 30 days from the date of the last test. This is a “per device” requirement; meaning each device must individually meet this time frame.

Semiannually – Every 6 Months – Twice a year Semiannual is defined as every six (6) months, plus or minus 20 days from the date of the last test. This is a “per device” requirement; meaning each device must individually meet this time frame.

1. PLACE OF PERFORMANCE

1. Maintenance tasks under this Statement of Work shall be performed at 2101 N Elm St. Fargo, ND 58102 The following work may be performed at Contractor locations: processing parts and maintenance billing, coordination of repairs, coordination of load testing and order of parts, disposal of petroleum oils and lubricants, with prior approval of the Contacting Officer representative (COR).

1. HOURS OF OPERATION

0. Normal hours of operation are Monday through Friday from 8:00 am to 4:30 pm, excluding holidays. Majority of the work on generators will typically be accomplished between the hours of 8:00 am and 4:30 pm, Monday through Friday, however some services are required after normal hours of operation at no additional cost to the Government.

1. PERFORMANCE PERIOD

1. The Period of performance (POP) shall be 12 months from date of award, with 4 option periods.

1. Any routine work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contacting Officer (CO). The CO shall direct emergency services. If needed, the CO may direct the Contractor to work after normal work hours including holidays and weekends.

1. Contractor is required to provide at least two weeks’ notice prior to arrival for scheduled maintenance. Any work required after hours of 8:00 AM to 4:30 PM Monday thru Friday, weekends, and/or Holidays must be approved by the COR prior to scheduling.

1. Testing to take place in February and August of each Period of Performance.

1. The Federal Holidays are as follows:

0. Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

0. When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

1. CONTACT LIST

1. The Contractor shall provide a list of Emergency Contact personnel to the VA and ensure that the stationary diesel generator technician certifications for these personnel are current. The Contractor’s Personnel Emergency Contact List shall include contact phone numbers that contractor will be available on any given day at any hour in the event of an emergency where an emergent response is required. The VA may periodically test the list for responsiveness.

1. PERFORMANCE OBJECTIVES

1. Request is for two (2) service visits per Period of performance: one (1) Annual maintenance service (fluids and filters included) and one (1) Semi-annual maintenance inspection. Must be approximately 6 months apart. All parts, repairs and /or fluid changing must be done with parts and fluids that meet or exceeds the manufacturer’s specifications and requirements. See Time Defined for more details.

1. The Contractor shall perform Preventative Maintenance Inspection (PMI) for items noted in but not strictly limited to, “Attachment A – Testing” to ensure that equipment listed in Section A of this contract performs in accordance with the manufacturer’s specifications.

1. Any substitution of these parts, fluids, or the changing of any factory settings must be approved by the CO prior to substitutions.

1. Contractor shall provide all required fuel oil filters, air filer elements, lube oil elements, batteries, and filters, and to dispose of fuel oil filters, air filters, lube oil elements, oil filters, batteries, lube oil and coolant.

1. Contractor shall dispose of any fuel oil, lube oil, or coolant off site at no extra cost to the VA. Contractor shall comply with all applicable EPA, OSHA and state/local regulatory guidance regarding disposal. Disposal of Petroleum Oils and Lubricants (POL), hazardous wastes and controlled substances will be documented and provided to the VA.

1. EPSS (Emergency Power Supply Systems) components shall be maintained and tested by qualified person(s). Qualified Person. One who has skills and knowledge related to the operation, maintenance, repair, and testing of the EPSS equipment and installations and has received safety training to recognize and avoid the hazards involved.

1. The Contractor shall perform different levels of maintenance and operational testing on the generator set over the course of the POP to ensure that the generator is available and capable of performing at required load levels. The maintenance and testing performed shall be consistent with this SOW, and NFPA 110 as applicable.

1. REPORTS

1. Contractor shall provide to the COR written reports, annual and semi-annual reports of the status of the generator, based on the inspections, maintenance and load testing performed. Each written Engineer Service Report (ESR) shall be provided to the COR in an electronic format, (.pdf, Excel, or Word); noting the work performed and shall be provided to the COR within two weeks of completion. Failure to provide reports will result in delay of invoice payments.

1. For generators, three copies of lists shall be compiled and provided to the VA and shall include nameplate data, manufacturer, age, capacity, KW load under emergency load conditions, fuel type, number of hours of fuel tank capacity, reliability, transfer time, number of hours accumulated run time and if mounted above, on or below grade. Include, in triplicate, copies of generator test procedures.

1. The contractor shall provide procedures and checklists with worksheet originals indicating work performed and actual values obtained. Procedures should include, at a minimum, mechanical, and electrical safety, Environmental protection, and notifications to regulatory agencies.

1. Disposal of Petroleum Oils and Lubricants (POL), hazardous wastes and controlled substances will be documented and provided to the VA.

1. GENERAL GENERATOR MAINTENANCE

1. Items needing corrective action for preventive maintenance that do not need COR approval and are considered no additional cost to the Government are listed below.

1. Minor Leaks

1. Replace dead or dull lamps

1. Paint touch-up

1. Tightening of bolts and clamps

1. Tighten battery cables

1. Top off coolant

1. Top off oil

1. General lubrication

1. If EMERGENCY REPAIRS to the generator set, or its ancillary equipment, becoming necessary (temperature sensors, water pump, fuel injectors, voltage regulators, armature windings, etc.); the Contractor shall submit to the CO for approval, the estimated cost to make the emergency repairs; including labor, materials, and incidental expenses. The CO approval is necessary prior to performing any unscheduled maintenance. The government reserves the right to use an alternate supplier for emergency repairs.

1. Maintenance and repair services

1. Once inspection/maintenance is completed, the Contractor shall report any anticipated or suggested repairs ( A repair is defined as a deficiency which is identified during regular preventive maintenance that is not the result of normal wear and tear and is not because of any improper performance by the Contractor or failure to perform preventative maintenance). No work is to be completed until approved by the Contracting Officer.

1. In addition, emergency repairs are to be completed within 7 calendar days of the contractor notifying the CO of the need for the emergency repairs and receiving approval to perform the work, or the CO notifying the contractor of the need for emergency repairs.

1. EMERGENCY GENERATOR LOAD TESTING

1. Load testing shall be in accordance with National Fire Protection Association (NFPA) 110 Standard for Emergency and Standby Power Systems and comply with Joint Commission standards such as (EC02.05.07). Both documents and/or links to documents can be provided upon request to the COR.

1. Any deficiencies shall be brought to the attention of the COR.

1. A detailed written report will be required for each generator noting the pertinent information such as manufacturer, model, serial number, and test results with all deficiencies noted.

1. The following shall be recorded as part of, but not limited to, the emergency generator load tests:

0. Hour meter reading – before and after the generator test

0. Time delay in start – at occurrence

0. Cranking time – at occurrence

0. AC volts – initially, every fifteen minutes during, and at conclusion of test

0. Hz – initially, every fifteen minutes during, and at conclusion of test

0. AC amps – initially, every fifteen minutes during, and at conclusion of test

0. Oil pressure – initially, every fifteen minutes during, and at conclusion of test

0. Water temperature – initially, every fifteen minutes during, and at conclusion of test

0. Battery charge rate – initially, every fifteen minutes during, and at conclusion of test

0. Time delay in generator shutdown (cool down time) – at occurrence

1. NFPA 110 Section 8.4.2.3 Requirement** - Diesel-powered EPS installations that do not meet the requirements of 8.4.2 shall be exercised monthly with the available EPSS load and shall be exercised annually with supplemental loads at not less than 50 percent of the EPS nameplate kW rating for 30 continuous minutes and at not less than 75 percent of the EPS nameplate kW rating for 1 continuous hour for a total test duration of not less than 1.5 continuous hours.

1. Every 3 years - 4-hour Load Test must be performed at equal to or greater than 30% for 4 continuous hours.

1. Joint Commission EC.02.05.07-9 At least once every 36 months, hospitals with a generator providing emergency power, test each emergency generator for a minimum of 4 continuous hours. The test results and completion dates are documented. Note: For additional guidance, see NFPA 110-2010, Chapter 8.

1. Joint Commission EC.02.05.07-10 The 36-month diesel-powered emergency generator test uses a dynamic or static load that is at least 30% of the nameplate rating of the generator or meets the manufacturer’s recommended prime movers' exhaust gas temperature. Note: For additional guidance, see NFPA 110-2010, Chapter 8

1. The testing for an annual load bank test and the triennial exercise may be combined according to NFPA 110-2010: 8.4.9.7.

**Reference the entire latest NFPA 110 standards for all applicable testing requirements.

1. GENERATOR TESTING DETAIL

1. Repairs and Parts: Contractor shall provide all durable mechanical and electrical components to include but not limited to belts, hoses, filters, wires, and light bulbs. This does include spark plugs, fans, gaskets, or major components. Contractor shall not proceed with providing replacement parts and making repairs until the COR has approved the request and a bilateral modification has been executed in writing by the Contracting Officer. No used parts will be used to repair this equipment. Contractor shall furnish the COR with a written estimate of the cost to make necessary repairs. All replacement batteries shall be “maintenance free” and clearly labeled “maintenance free” by the manufacturer.

1. The Contractor shall perform the Preventive Maintenance and Maintenance Services in such a manner that does not damage Government property. In the event damage occurs to Government property, or any adjacent property by reason of services performed under this contract, the Contractor shall replace or repair the same to the satisfaction of the COR at no cost to the Government.

1. RE-TESTING OF GENERATORS

This Statement of Work calls for the annual maintenance and test of generators. As such, there will be instances where a re-testing of generators will need to be done when a generator goes out of service, is repaired, and brought back into service. If the Contractor receives written notice from the CO that a retest is needed, the Contractor will complete the retesting within five (5) business days after receiving the notice. Cost for retesting shall not exceed the cost established with the Price/Cost Schedule.

1. CONFORMANCE STANDARDS

1. Contractor shall ensure that the equipment functions in conformance with the latest published edition of OSHA, VA, NFPA 70, 99, 110, Joint Commission and industry standards applicable to this type of equipment. In addition, the equipment covered by this contract shall be maintained in accordance with the manufacturer's standards/specifications

The routine maintenance and operational testing program shall be based on all but not limited to the following:

1. Manufacturer’s recommendations

1. Instruction manuals

1. Minimum requirements of NFPA 70, 99, 110 and any other governing entity

1. The authority having jurisdiction

1. Joint Commission

1. NEPA Life Safety Code 101

1. NFPA 101 Life Safety Code

1. Long Term Care

1. SAFETY REQUIREMENTS

1. The contractor shall be responsible for providing barricades and barrier tape, as required, to control unauthorized entry to the work areas, as well as maintaining a safe working area adjacent to the actual work area.

1. The contractor shall comply with VA and U.S. Occupational Safety & Health Administration (OSHA) safety and security measures, the lock- out-tag-out program, and special work permits. The contractor is also required to coordinate with the COR to gain access to the specific work areas.

1. All Contractors and Subcontractors performing services for the Government shall comply with all OSHA, State, County and Municipal Safety and Occupational Health Standards and any other applicable rules and regulations. All Contractors and Subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

1. Any person entering the FARGO VA Health Care System shall adhere to the facility COVID-19, and or other compliance requirements. These requirements may change as necessary. Any person not adhering to the requirements will not be allowed to remain on the VA campus.

1. Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

1. GENERAL REQUIREMENTS

1. It shall be understood that, throughout performance of the contract, the Contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property.

1. Among all other requirements, the VA Health Care System and its property is now entirely smoke-free.

1. Contractor and their personnel shall follow all U.S. Department of Veterans Affairs (VA) policies, standard operating procedures, applicable laws, and applicable regulations while on VA property.

1. Contractor and their personnel shall always wear visible identification while they are on premises.

1. VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. VA shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

1. Possession of weapons is prohibited.

1. Contractor shall take all measures for safety & infection control and provide all material necessary for protecting existing equipment and property in affected areas of construction against dust and debris, so that equipment and affected areas to be used in the Medical Centers operations will not be hindered.

1. MISCELLANEOUS

1. The work area shall be returned to an acceptable appearance after any work is completed. All disposals of materials are to be off-site.

1. No tools, storage space, etc. will be provided to the contractor by the government.

1. Contractor mechanics must possess a minimum of three (3) years working experience with listed or similar equipment in the SOW

1. Contractor electricians must possess a minimum of three (3) years in the Electrical trade at a journeyman’s level.

1. Service persons must possess the following: OSHA 30 Hour Safety Training Card.

1. NOTIFICATION

1. Immediately prior to the test, the craftsman performing the test will verify with Engineering staff that the work can proceed and that there are NO on-going life sustaining activities requiring continuous electrical service.

1. Inform appropriate VA Engineering staff of power change over.

1. INSPECTION

Prior to the contractor personnel leaving the facility, the COR/POC will perform an inspection in the presence of the contractor personnel to ensure that all equipment is returned to full functioning condition. No invoices will be processed for payment prior to the completion of COR/POC inspection.

1. OTHER RELATED SERVICES (NOT INCLUDED IN THE SCOPE OF WORK)

Any services not expressly stated in this statement of work are not authorized. Services such as inspection, Original Equipment Manufacturer (OEM) required maintenance, or other maintenance and repair vital to the continued functioning of the systems may be added only after written modification from the contracting officer, unless they are inclusive to the requested services. No other person, including the COR or any other VA personnel are authorized to request additional work be performed by the contractor. Any additional services performed that are not authorized by the Contracting Officer will be considered inclusive.

V. SCHEDULING

The contractor shall coordinate and schedule all quarterly, semi-annual, and annual testing’s in Fargo so all services occur within the existing maintenance schedule to comply with The Joint Commission and Long-Term Care standards. VA will provide an inspection and maintenance schedule to contractor.

NARA Records Management Language for Contracts (July 10, 2019) https://www.archives.gov/records-mgmt/policy/records-mgmt-language

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes [Agency] records.

1. does not include personal materials.

1. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

1. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

1. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

1. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

1. [FACILITY] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [FACILITY] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [FACILITY]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

1. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [FACILITY] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

1. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [FACILITY] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

1. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [FACILITY] policy.

1. The Contractor shall not create or maintain any records containing any non-public [FACILITY] information that are not specifically tied to or authorized by the contract.

1. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

1. The [FACILITY] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [FACILITY] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

1. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [FACILITY]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of Requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

1. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

B.5 VHA Supplemental Contract Requirements for Combatting COVID-19

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

a. Documentation requirements:

1) If fully vaccinated, contractors 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, contractors 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 that includes an affiliated telehealth service.

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.

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

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 Federal Acquisition Regulation (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…