36C26324Q1004.docx

SUBJECT*

Fire Protection Systems Testing and Maintenance Services

GENERAL INFORMATION

NETWORK 23 CONTRACTING OFFICE

Contract Officer 4801 Veterans Drive St. Cloud MN 56303

POINT OF CONTACT*

Contract Specialist Emanuel Nevarez emanuel.nevarez@va.gov (320)255-6354

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

DESCRIPTION

This is a Notice of Intent published in accordance with Federal Acquisition Regulation (FAR) 5.101(a)(1) requiring the dissemination of information regarding proposed contract actions. This Notice of Intent is for a proposed award of a sole source firm fixed price contract to the following contractor in support of needed Fire Protection Systems Testing and Maintenance Services at Fargo VA Health Care System, 2101 N Elm Street, Fargo, ND 58102:

JOHNSON CONTROLS FIRE PROTECTION LP

SAM UEI: K9HJHLAKXE96

6600 Congress Ave Boca Raton, Florida 33487-1213, United States

This is done under authority of 41 U.S.C. 3304(a)(1), as implemented by FAR 6.302-1: Only one source and no other supplies or services will satisfy agency requirements.

This is not a request for competitive quotes.

Market research revealed that JOHNSON CONTROLS FIRE PROTECTION LP is the sole company that is able to maintain and support the needed Fire Protection Systems Testing and Maintenance Services at the Fargo VA Health Care System.

Additionally, JOHNSON CONTROLS FIRE PROTECTION LP has a current Multiple Award Schedule.

The North American Industry Classification System (NAICS) code for this service is 561210 (Facilities Support Services) and the Product Service Code (PSC) is J012 (Maintenance, Repair, and Rebuilding of Equipment – Fire Control Equipment).

While this synopsis does not constitute a solicitation, interested vendors may identify their interest and capability to satisfy the requirement, including documentation that such contractor could provide this service in accordance with the attached Statement of Work.

All responsible sources may submit a capability statement, which shall be considered by the agency by e-mailing such statement and supporting documentation to Emanuel Nevarez, Contracting Specialist emanuel.nevarez@va.gov. No phone calls please. Please indicate “36C26324Q1004 Fire Protection Systems Testing and Maintenance Services” in subject line of e-mail.

Such documentation will be reviewed solely for the purpose of determining whether or not to conduct the procurement on a competitive basis. A determination not to compete this requirement, based upon responses to this notice, is solely within the discretion of the Government under authorities cited above.

See Attached Statement of Work (SOW) Special Notice Special Notice

Special Notice

STATEMENT OF WORK

FIRE PROTECTION SYSTEMS TESTING AND MAINTENANCE SERVICES

DEPARTMENT OF VETERANS AFFAIRS

FARGO HEALTH CARE SYSTEM

1.0 INTRODUCTION

Scope: This statement of work (SOW) describes the contractor required services necessary to perform testing, inspection, maintenance, and repair for all fire protection systems as defined below and in accordance with the National Fire Protection Association (NFPA), local codes, The Joint Commission, and manufacturer recommended procedures. The contractor shall deliver a written report describing the test and inspection results and other services performed. See Section 4.2 Submittals/Deliverables for more information. The contractor shall provide all transportation, shipping, labor, tools, equipment, and materials to accomplish the work outlined in the SOW.

Period of Performance:

Base Year: 08/01/2024 to 07/31/2025 Option Year One: 08/01/2025 to 07/31/2026 Option Year Two: 08/01/2026 to 07/31/2027 Option Year Three: 08/01/2027 to 07/31/2028 Option Year Four: 08/01/2028 to 07/31/2029

The period of performance of the resulting task order shall not extend beyond the period of performance of the contractor's GSA Federal Supply Schedule contract.

1.1 Locations: This SOW will cover the Fargo VA Health Care System facilities located in Fargo, ND. The Contractor staff will be escorted by VA employees while working in the Fargo VA facilities.

Buildings, equipment, and devices subject to the scope of this project include:

1.2 Background: The facilities in Fargo have Simplex Fire Alarm Systems. Personnel performing testing, inspection, maintenance, and repair under this SOW shall have the appropriate training to perform programing and work on these systems. The contractor shall be licensed by the State of North Dakota, trained and competent to perform all work covered in this Statement of Work on fire protection systems, and have factory authorized training to perform testing, programming, maintenance, and repair on the Simplex and Johnson Controls systems.

2.0 COMPLIANCE REQUIREMENTS

2.1 Regulations and Statutes: All testing, inspection, maintenance, and repair will be performed in accordance with the most recent edition of NFPA 10, 13, 17A, 25, 72, 80, 96 and 105 as applicable. All reports shall be presented in a format acceptable to the Joint Commission.

The contractor shall be licensed by the State of North Dakota, trained and competent to perform all work cover in this Statement of Work on fire protection systems, and have factory authorized training to perform testing, programming, maintenance, and repair on the Simplex and Johnson Controls systems. All Employees of the Contractor and subcontractors shall comply with the VA Security Management Program and obtain permissions for the site entry from the VA Police, be identified by project and employer and be restricted to unauthorized access. Contractor will be required to have access to sensitive areas.

3.0 DESCRIPTION OF WORK

3.1 Portable Fire Extinguishers: The contractor shall provide all transportation, shipping, labor, tools, equipment, and materials to perform the visual monthly inspections and annual maintenance of portable fire extinguishers in accordance with the most recent edition of NFPA 10. All Employees of the Contractor and subcontractors shall comply with the VA Security Management Program and obtain permissions for the site entry from the VA Police, be identified by project and employer and be restricted to unauthorized access. Contractor will be required to have access to sensitive areas.

3.1.1 Monthly Inspections: The monthly inspections will be completed and documented at a minimum of one time every calendar month. The inspection reports will be in two sections: one inspection report for the hospital (Buildings 1, 9, and 46) and one inspection report for all other buildings.

3.1.2 Annual Maintenance: Annual maintenance will occur by the third quarter each year for the hospital extinguishers and for the extinguishers in all other buildings. The contractor will change all portable fire extinguisher tags and tamper seals, conduct maintenance, and provide the Contracting Officer's Representative (COR) a listing of all fire extinguishers requiring repair and/or replacement.

3.1.3 Additional Maintenance: All fire extinguishers six years or older shall be replaced or be hydrostatic tested.

3.2 Fire Sprinkler Systems: The contractor shall provide all transportation, shipping, labor, tools, equipment, and materials to perform the testing, inspection, and maintenance of the fire sprinkler systems in accordance with the most recent edition of NFPA 25. All testing shall be conducted in a manner that minimizes safety and health hazards.

3.2.1 Monthly Inspections: Monthly inspections will be performed for the following:

· Post Indicator Valves (PIVs) visual test

· Fire Pump Test

3.2.2 Annual Testing: Annual testing and maintenance shall be completed for the following fire sprinkler systems.

· Sprinkler System Main Drain Test on all Risers

· Fire Pumps Tested Under Flow

· Outside Screw/Stem & Yoke (OS&Y) Valve Lubrication

· Check Valves

· Relief Valves

· Backflow Device (RPZ valves)

3.2.3 Semi-Annual Testing: Semi-annual testing and maintenance shall be completed for the following fire sprinkler systems.

· Tamper Switches (Operational Test)

· Water Flow Devices (Operational Test)

· Dry Suppression Systems

· Pre-Action Systems (MRI, 4B Mental Health)

3.2.4 Quarterly Testing: Quarterly testing and maintenance shall be completed for the following fire sprinkler systems.

· Compressor and Pressurization Components of Dry Suppression System

· Post Indicator Valves (PIVs)

· Fire Department Connections

· Sprinkler Water Pressure Gauge Visual Inspections

· Relief Valves

· Hose Valves

3.2.5 Testing Every 5-Years: Testing and maintenance every 5-years shall be completed for the following fire sprinkler systems.

· Hydrostatic Testing of Standpipe Systems (complete Base year)

· Check Valve Inspections - The contractor shall perform the 5-year inspection on all check valves in accordance with NFPA 25 (complete base year only)

3.3 Fire Alarm Systems: The contractor shall provide all transportation, shipping, labor, tools, equipment, and materials to perform the testing, inspection, and maintenance of the fire alarm systems in accordance with the most recent edition of NFPA 72 and The Joint Commission standards. All testing shall be conducted in a manner that minimizes safety and health hazards.

3.3.1 Annual Testing: Annual testing and maintenance shall be completed for the following fire alarm systems:

· Fire Alarm Panel Supervisory Signals - Tamper Switches

· Fire Alarm Panel Supervisory Signals - Water Flow Devices

· Fire Alarm Control Panels, including all input and output devices and batteries.

· Remote Annunciators

· Remote Power Supplies

· Misc. Interface Equipment

· Manual Fire Alarm Pull Stations, Smoke Detectors, Duct Detectors, and Heat Detectors

· Alarm Notification Devices including but not limited to Audible Devices, Speakers and Visual Devices, and Strobes

· Electromechanical Releasing Devices

· Horizontal and Vertical Roller and Slider Doors

· Smoke Detection Shutdown Devices for HVAC

· Remote Key Switches (AHU)

· Elevator Recall System, Alternate Elevator Recall, Elevator Shunt Trip

3.3.2 Fire Alarm Panel testing

· Fire Alarm Panel testing shall take place every six months for the main hospital and outbuildings.

3.3.3 Fire Alarm Panel Battery Replacement:

· Fire Alarm Panel battery replacement shall take place once every three years for the main hospital and outbuildings.

3.4 Other Requirements

3.4.1 Hydrants: The contractor shall perform annual testing and maintenance of all fire hydrants located on the Fargo facility grounds in accordance with NFPA 25. The contractor shall provide all the tools and labor necessary to perform the work.

3.4.2 Standpipes: The contractor shall perform five-year standpipe flow testing and inspection in accordance with NFPA 25. Testing for standpipes will be conducted at the most remote locations. Refer to Section 6.0 of this document for testing schedule.

3.4.3 Kitchen Hood Fire Suppression System: The contractor shall perform semi annual testing, inspection, and maintenance of all kitchen hood suppression systems in accordance with NFPA 96.

3.4.4 Gaseous Extinguishing Systems (IT Server Room): The contractor shall perform annual testing, inspection, and maintenance of the IT Server Room NOVEC suppression system in accordance with NFPA 2001.

3.4.5 Sensitivity Testing: The contractor shall perform sensitivity testing on all smoke detectors at each location during the base year of the contract, Option Year 2 and Option Year 4.

3.5 Fire Panel Monitoring: The contractor shall provide monitoring service on the fire panels located at the Fargo campus locations. Panels shall be monitored for supervisory, trouble signals, and notification to responding emergency services for alarms. Panel monitoring shall be conducted twenty-four hours a day, seven days a week.

3.6 Reports and Documentation:

3.6.1 Daily Summary: A summary shall be provided to the COR at the end of each day that work was performed. The summary shall include a listing of work performed, equipment serviced and/or inspected, and a listing of any deficiencies or repairs needed.

3.6.2 Final Report: A final report shall be provided to the COR within fourteen calendar days of work being performed. The inspection reports will be in two sections: one inspection report for the hospital and one inspection report for all outbuildings. All reports shall be presented in a format acceptable to the Joint Commission and include the following:

· An individual listing of all devices/system inspected and tested. This listing should also include the location.

· Verification of compliance with all applicable NFPA standards

· Result of any testing performed (i.e., Pass/Fail)

· Listing of all deficiencies or repairs needed

· Cross reference to The Joint Commission requirements

3.7 Maintenance and Repair: Any necessary non-routine maintenance and/or deficiency repairs to the fire protection systems covered under the SOW shall be communicated to the COR. The contractor shall perform maintenance and repairs once approval has been made by the Contracting Officer. A final report for the repair shall be provided within fourteen calendar days and include a reference to the corresponding inspection final report where the deficiency was noted. The inspection reports will be in two sections: one inspection report for the hospital and one inspection report for all outbuildings.

The non-routine maintenance and repair services will be accomplished via a modification to the task order. The contractor shall provide VA with a quote for the services necessary. After review and a determination of fair and reasonable prices, a bilateral modification will be required prior to the services commencing. The pricing for the services shall be in accordance with the contractor's GSA Federal Supply Schedule contract under which the task order was awarded.

3.7.1 Tank Replacement for 2D-91 (CLC Kitchenette) – Needed once every 12 years

3.8 Waste Removal

Contractor shall keep the premises clean on a continual basis, and no trash or debris will be permitted to accumulate in work areas. Contractor will be responsible for removal and disposal of all debris and waste materials associated with this Contract.

4.0 PROJECT MANAGEMENT

4.1 Responsibilities: The contractor shall provide all transportation, shipping, labor, tools, equipment, and materials to accomplish the work outlined in the SOW. The contractor shall schedule all activities covered in the SOW with the COR prior to starting any work. All work performed shall be done with minimal disruption to patient care activities. All work shall be completed during normal business hours (8:00 AM to 4:30 PM CST) Monday through Friday, except as requested and approved by VA for special circumstances. Testing for elevators, horns, and strobes will be completed on weekends or after normal business hours (4:30pm CST) Monday through Friday to avoid disruption to patient care at the Fargo facility.

4.2 Submittals/Deliverables: A summary of work performed, including a listing of deficiencies, shall be provided to the COR at the end of each workday. All final reports shall be submitted to the COR within fourteen calendar days of any work being performed. Final report shall include all information outlined in Section 3.6 of this document. The inspection reports will be in two sections: one inspection report for the hospital and one inspection report for all outbuildings. Quotes for any replacements or repairs shall be provided to the COR within fourteen calendar days of the finding. Repairs and/or replacements shall only be made once the quote is approved, and notification is made to proceed by the Contracting Officer.

4.3 Scheduling: The contractor shall coordinate and schedule all monthly, 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.

5.0 GOVERNMENT FURNISHED MATERIALS/INFORMATION

5.1 Assistance by Facility Staff: VA Engineering personnel will provide to the contractor a listing and location of fire protection systems including, but not limited to, fire extinguishers, fire alarm systems, and fire suppression systems. The facility COR will be made available to support the contractor by arranging access to areas where these systems are located.

6.0 Schedule

*Best Estimated Quantity

Option Year II Option Year IV

7.0 RECORDS MANAGEMENT OBLIGATIONS

7.1 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.

7.2 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.

7.2.1 : The term Federal record:

· Includes [Agency] records.

· Does not include personal materials.

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

· May include deliverables and documentation associated with deliverables.

7.3 Requirements:

7.3.1. 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.

7.3.2. 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.

7.3.3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while 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.

7.3.4. Fargo VA 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 Fargo VA 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 [Fargo VA]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

7.3.5. 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 [Fargo VA] 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).

7.3.6. 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 [Fargo VA] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

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

7.3.9. 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

7.3.10. The [Fargo VA] 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 [Fargo VA] 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.

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

8.0 Flow down of Requirements to Subcontractors

8.1. 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.

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

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SECTION B - GENERAL TERMS

B.1 INTRODUCTION

In the spirit of the Federal Acquisition Streamlining Act, the Department of Veterans Affairs (DVA) hereby enters into a cooperative agreement, otherwise referred to as a Blanket Purchase Agreement (BPA), to further reduce the administrative costs of acquiring supplies/services.

The agreement details all services with accompanying prices and descriptions, which may be ordered under this BPA.

All orders placed against this BPA are subject to the terms and conditions of all the clauses and provisions in full text or incorporated by reference in this document.

B.2 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH the Department of Veterans Affairs:

B.3 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established with the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Contract services as listed below, with associated pricing, can be ordered under this BPA. The Contractor shall be allowed to vary within the categories for successful and efficient task completion not to exceed funded values of each order awarded under this agreement. As proposed, the Contractor will apply applicable extended/tier pricing to all categories used in the performance of orders issued under this Agreement. Orders may be awarded on a Firm-Fixed-Price basis only. All Calls/Orders placed against this BPA are subject to the terms and conditions of the referenced BPA, the Contractor's proposal and this Agreement, except where noted below. Contractor's proposal is hereby referenced.

B.5 SEGREGATION OF COSTS

a. The "Payments under Time-and-Materials and Labor-Hour Contracts" clause provides for reimbursement to the contractor of costs incurred for certain items and services purchased directly for the contract, subject to certain limitations set forth in the clause. Such items may include the lease/purchase of equipment, travel expenses for Government- directed travel, consumable materials, tuition and registration fees for specialized training, and other services or items acquired for the Government's account under the Government Property clause. The items and services which the BPA holder is authorized to purchase on a cost- reimbursement basis shall be limited to only those specific items and services described in the order(s) issued to the BPA holder as authorized for purchase.

b. The BPA holder shall segregate costs associated with materials and other items authorized to be purchased on a cost-reimbursement basis (to be specified in each order) from other costs associated with the performance of this contract in such a manner that at any time the costs subject to reimbursement under each order shall be readily ascertainable.

c. The "Ceiling Price" referred to in the "Payments under Time and Materials and Labor-Hour Contracts" clause shall be the ceiling price as stated in each order.

d.

B.6 GENERAL SERVICES ORDERS

a. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities, and management resources to furnish the services set forth in the Statement of Objectives (SOO) or the Performance Work Statement (PWS) within the terms specified and at the price(s) stated.

b. It is understood and agreed that the BPA holder shall provide Fixed-Price proposals when requested by the Contracting Officer (CO). The contractor's proposal shall be priced using labor rates and labor categories here in provided. The CO will issue Fixed Priced Orders upon completion of negotiations of contractor proposals.

B.7 LABOR HOUR ORDERS

a. It is intended that most orders issued for performance under this BPA will be Fixed-Priced Orders. However, on occasion Labor Hour Orders may be issued. This section applies to such orders only.

b. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities, and management resources to furnish the services set forth in the Statement of Objectives (SOO) or the Performance Work Statement (PWS) within the terms specified and at the price(s) stated. All orders will be issued and modified at the labor rates in effect at the time the work is performed.

c. It is understood and agreed that the BPA holder shall use in the performance of the contract the labor categories and hours specified in each order.

d. The labor categories and hours specified in each order represent the current best estimate of the services to be performed. To enhance flexibility and to allow the BPA holder to determine the optimum labor mix for the order the BPA holder may without notice to the Government, increase or decrease the number of hours for each category specified in the individual order by no more than %. These adjustments are allowable only to the extent that the ceiling price and the total number of hours of the labor CLIN(s) are not exceeded. The BPA holder will not be paid more than the ceiling price of any individual order.

e. Government Reimbursement of BPA Holder-Incurred Training Costs in Support of Mission-Unique Department of Veterans Affairs Requirements. BPA holder\personnel are required to possess all the skills necessary to support at least the minimum requirements of the Performance Work Statement (PWS) tasking for the labor category under which they are performing. Training to meet such minimum requirements must be provided by the BPA holder and is included in the fixed price labor rates. In situations where the "Government User" being supported by an order under the basic contract requires some "unique" level of support beyond the minimum requirements of the PWS because of program/mission-unique needs, then the BPA holder may directly charge the order (in the same manner as one might charge work-related TDY expenses) in order to obtain the unique training required for successful support if authorized in the order. Such education/training might be provided by Government entities or by "third party" private entities such as companies who specialize in providing professional or specialized training/education seminars/classes. Direct labor expenses and travel related expenses allowable under the Joint Travel Regulations (JTR), may be allowed to be billed on a cost reimbursement basis. Tuition/Registration/Book fees (costs) that may be applicable to an individual course/seminar may be recoverable as a direct cost if specifically authorized in a particular order. Documentation (in the form of a Department of Veterans Affairs Program Office signed memorandum that such contemplated labor, travel, and costs to be reimbursed by the Government are mission essential and in direct support of "unique" or special Program Office requirements) will be required to support the billing of such costs against the order, which authorized payment, therefore.

f. In the event the BPA holder expends fewer hours than set forth in the individual order, the total order shall be adjusted to reflect the actual number of hours expended and the final order price. In no case will the final price exceed the ceiling price of the order.

g. Notwithstanding any other provision, the BPA holder shall maintain sufficient accounting records for verification of the hours and categories of labor incurred in the performance of each order. It is further understood and agreed that the accounting records shall be available for Government review during the performance of the contract and until three years after final payment under the contract. In the event subcontract labor is included in the labor effort contained in paragraph (c) above, the foregoing records provisions shall be included in all applicable subcontracts.

h. Payment under individual orders for CLINs (to be specified in order) will be in accordance with FAR 52.232-7 entitled "Payments under Time-and-Materials and Labor-Hour Contracts." Withholding of amounts due as contemplated by the clause will apply to the total contract and not to individual orders. Withholding will not exceed $50,000.00 for the entire contract, regardless of the number of orders issued against the contract and will apply to the first order and continue until the maximum withholding amount is reached. To facilitate closeout of early orders, the amount withheld may be transferred to any subsequent active order.

Ceiling price, as used in the clause, applies to each individual order, not to the total contract.

B.8 NONPERSONAL SERVICES

a. In performance of this contract, the BPA holder will provide services as required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within Department of Veterans Affairs.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

B.9 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach $100,000.00/per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.10 OBLIGATION Of FUNDS This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders issued under the BPA by the Contracting Officer.

B.11 PERIOD OF PERFORMANCE

This BPA expires on 07-31-2025 or such later ending date as determined by the exercise of any option.

B.12 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

DVA authorizes the following entities to place orders:

B.13 ORDER FORMAT

Orders will be placed against this BPA via e-mail, Electronic Data Interchange (EDI), FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

The Primary and/or Secondary COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and the Contractor's Representative shall work together to ensure that all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract.

(2) Waive or agree to modification of the delivery schedule.

(3) Make any final decision on any contract matter subject to the Disputes Clause.

(4) Terminate, for any reason, the contractor's right to proceed.

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(6) The contractor shall immediately notify the Contracting Officer in writing if the COR has taken an action (or fails to act) or issues directions (written or oral) that the contractor considers exceeding the above limitations.

(7) The contractor shall provide the Contracting Officer information copies of all correspondence to the COR.

B.14 FEDERAL HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided, and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below.

New Year's Day Birthday of Martin Luther King, Jr. Washington's Birthday Memorial Day Juneteenth Independence Day

Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Page 1 of

B.15 PROHIBIT ACTIVITIES

The BPA holder shall not perform tasks under any resultant order which involve the following:

(a) preparation of any statement of requirements, objectives, or needs to be procured by the Government for FIRE PROTECTION MONITORING services, whether to be acquired by future orders under the program, or by any other contract action at Department of Veterans Affairs.

(b) evaluation of the qualifications of a potential source or any proposal for a contract or order by the Government for FIRE PROTECTION MONITORING services or any other supplies or services.

(c) formulation of "best value" criteria, acquisition plans, solicitations, or strategies for the purchase of -like services.

(d) preparation of documentation for future orders for FIRE PROTECTION MONITORING services.

B.16 INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the COR in the program office as the point of final inspection and acceptance. The BPA holder will submit each invoice, including all back-up data, to the Contracting Officers Representative (COR) for review and signature. When the COR receives an accurate and complete invoice, he/she will return a signed copy to the BPA holder within five (5) working days. If the invoice is incomplete or inaccurate, the COR will return the unsigned invoice to the BPA holder for correction. The COR will then forward the signed invoice to the Chief Financial Officer (CFO) for payment. Final payment for each order will be accomplished by final invoice accompanied by a receiving report.

b. An itemized invoice shall be submitted to the COR at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. Copies of delivery tickets shall support these invoices. "Approved-for-payment" invoices will be submitted to the payment address specified on each individual order issued under this BPA.

B.17 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.