Attachment 1-RFQ Cable TV and Internet Services at VACHS- 36C24824Q0890.pdf

36C24824Q0890

Table of Contents

SECTION B – ATTACHMENT 1-RFQ CABLE TV AND INTERNET SERVICES AT VACHS-

36C24824Q0890

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT (PWS)

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...22

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

SECTION B – ATTACHMENT 1-RFQ CABLE TV AND INTERNET

SERVICES AT VACHS- 36C24824Q0890

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 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) VA Caribbean HCS (Admin Bldg) #10 Calle Casia Suite #4M440 San Juan PR 00921-3201

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly once services have been provided

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.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO _______________ ______________

Cable TV Programing (25 channel line-up) for the TVs installed throughout the organization in support of the Internet Protocol Television (IPTV) Program as per PWS.

Contract Period: Base POP Begin: 05-29-2024 POP End: 05-28-2025 PRINCIPAL NAICS CODE: 517111 - Wired Telecommunications Carriers PRODUCT/SERVICE CODE: DG11 - IT and Telecom - Network:

Telecom Access Services

12.00 MO ________________ ________________

Internet Services of 100 Mbps download and 50 Mbps upload and through GigE connections that meet level requirements at the San Juan Facility in support of the Interactive Patient Care (IPC) Program as per PWS.

Contract Period: Base POP Begin: 05-29-2024 POP End: 05-28-2025 PRINCIPAL NAICS CODE: 517111 - Wired Telecommunications Carriers PRODUCT/SERVICE CODE: DG11 - IT and Telecom - Network:

BASE PERIOD Total Price: _______________ throughout the organization in support of the Internet Protocol Television (IPTV) Program as per PWS.

Contract Period: Option 1 POP Begin: 05-29-2025 POP End: 05-28-2026 PRINCIPAL NAICS CODE: 517111 - Wired Telecommunications Carriers

12.00 MO _______________ ________________

through GigE connections that meet level requirements at the San Juan Facility in support of the Interactive Patient Care (IPC) Program as per PWS.

Contract Period: Option 1 POP Begin: 05-29-2025 POP End: 05-28-2026 PRINCIPAL NAICS CODE: 517111 - Wired Telecommunications Carriers

Telecom Access Services OPTION PERIOD 1 Total Price: _______________ throughout the organization in support of the Internet Protocol Television (IPTV) Program as per PWS.

Contract Period: Option 2 POP Begin: 05-29-2026 POP End: 05-28-2027 PRINCIPAL NAICS CODE: 517111 - Wired Telecommunications Carriers through GigE connections that meet level requirements at the San Juan Facility in support of the Interactive Patient Care (IPC) Program as per PWS.

Contract Period: Option 2 POP Begin: 05-29-2026 POP End: 05-28-2027 PRINCIPAL NAICS CODE: 517111 - Wired Telecommunications Carriers PRODUCT/SERVICE CODE: DG11 - IT and Telecom - Network:

OPTION PERIOD 2 Total Price: _______________ throughout the organization in support of the Internet Protocol Television (IPTV) Program as per PWS.

Contract Period: Option 3 POP Begin: 05-29-2027 POP End: 05-28-2028 PRINCIPAL NAICS CODE: 517111 - Wired Telecommunications Carriers through GigE connections that meet level requirements at the San Juan Facility in support of the Interactive Patient Care (IPC) Program as per PWS.

Contract Period: Option 3 POP Begin: 05-29-2027 POP End: 05-28-2028 PRINCIPAL NAICS CODE: 517111 - Wired Telecommunications Carriers PRODUCT/SERVICE CODE: DG11 - IT and Telecom - Network:

OPTION PERIOD 3 Total Price: _______________

Cable TV Programing (25 channel line-up) for the TVs installed throughout the organization in support of the Internet Protocol Television (IPTV) Program as per PWS.

Contract Period: Option 4 POP Begin: 05-29-2028 POP End: 05-28-2029 PRINCIPAL NAICS CODE: 517111 - Wired Telecommunications Carriers through GigE connections that meet level requirements at the San Juan Facility in support of the Interactive Patient Care (IPC) Program as per PWS.

Contract Period: Option 4 POP Begin: 05-29-2028 POP End: 05-28-2029 PRINCIPAL NAICS CODE: 517111 - Wired Telecommunications Carriers PRODUCT/SERVICE CODE: DG11 - IT and Telecom - Network:

OPTION PERIOD 4 Total Price: _______________

6.00 MO NSP NSP

Option to Extend Services IAW 52.217-8, Not Separately Priced

(NSP). Cable TV Programing (25 channel line-up) for the TVs installed throughout the organization in support of the Internet Protocol Television (IPTV) Program as per PWS.

Contract Period: IAW 52.217-8 Option to Extend Services POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 517111 - Wired Telecommunications Carriers

6.00 MO NSP NSP

Option to Extend Services IAW 52.217-8, Not Separately Priced

(NSP). Internet Services of 100 Mbps download and 50 Mbps upload and through GigE connections that meet level requirements at the San Juan Facility in support of the Interactive Patient Care (IPC) Program as per PWS.

Contract Period: IAW 52.217-8 Option to Extend Services POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 517111 - Wired Telecommunications Carriers

GRAND TOTAL ________________

B.3 PERFORMANCE WORK STATEMENT (PWS)

Cable TV and Internet Services at VA Caribbean Healthcare System (VACHS)

1.0 INTRODUCTION

The VA Caribbean Healthcare System (VACHS), Medical Media Service (MMPS) has a requirement for recurring monthly services that provides cable TV and data for the TVs installed throughout the organization in support of the Internet Protocol Television (IPTV) Program and the Interactive Patient Care (IPC) Program at the San Juan Main facility and the Ceiba Community Based Outpatient Clinic.

The VA Caribbean Healthcare System San Juan Facility is located at 10 Casia Street, San Juan, Puerto Rico, 00921. The Ceiba Community Based Outpatient Clinic is located at 311 Lauro Piñeiro, Ceiba, PR 00735.

The Period of Performance will be one (1) base period of twelve (12) months and four (4) additional option periods of one (1) year each. This contract will be awarded on a Firm-Fixed Price basis.

2.0 DESCRIPTION / SCOPE / OBJECTIVE

The contractor shall furnish all necessary labor, equipment, supplies and supervision to render herein described services in accordance with contract terms and conditions.

2.0.1 CABLE TV SERVICES. The requirement is for the provision of full internet protocol (IP) video services of 25 channels with the following line up: Telemundo, Wapa TV, WIPR, Univision, NBC PR, CBS, Fox PR, CNN, CNN en Español, Weather Channel, ESPN, A&E, Food Network, HGTV, Travel Channel, Discovery, Animal Planet, The History Channel, TLC, Hallmark, Discovery Kids, Disney Channel, TLN, CW and Home and Health.

Contractor is responsible for the installation to bring the IP signal to our Main Facility located in San Juan, Puerto Rico. No digital signal requiring usage of encoders or digital video recorders (DVRs) will fulfill the requirement since facility is fully equipped for internet protocol video services. Other satellite commercial solutions would not satisfy this requirement.

These channels will be used to support the Internet Protocol Television (IPTV) and Interactive Patient Care (IPC) solutions already installed at VACHS. IPTV Program supports the TVs installed in at the waiting areas located at the outpatient and inpatient settings. IPC Program are those TVs assigned to the patient beds in the inpatient setting.

Additional locations may be added through the life of the contract, as the needs arises, additions or deletions will be processed via supplemental agreement. In case need for addition of locations, Contractor shall provide quotation to perform physical (individual) Basic Cable TV installations at other clinics located throughout Puerto Rico for

Contracting Officer evaluation and approval prior to contract modification and initiating performance.

2.0.2 INTERNET SERVICES. The requirement is for the provision of Internet services of 100 Mbps download and 50 Mbps upload and through GigE connections that meet level requirements at the San Juan Facility. Data communications over redundant, highly integrated, local Ethernet backbone by providing a wide range of service components, access methods, transmission speeds and support options. Contractor must also provide the necessary hardware to support it.

3.0 APPLICABLE DOCUMENTS

3.1 Glossary. Acronyms used in this PWS are listed below for easy reference:

IP Internet Protocol

IPTV Internet Protocol Television

IPC Interactive Patient Care

CO Contracting Officer

COR Contracting Officer’s Representative

FAR Federal Acquisition Regulation

Mbps Megabits per second

PM Preventive Maintenance

PWS Performance Work Statement

SOI Standard Operating Instruction

4.0 PERFORMANCE REQUIREMENTS

4.1 The Contractor shall be responsible for all requirements in accordance with the terms, conditions, provisions and specifications of this contract for the period specified in the schedule. Personnel shall be trained and experienced in providing service, designs, consulting services, analysis, maintenance and repair of IPTV signal.

4.2 The Contractor or his/her Supervisor shall visit the VA Caribbean Healthcare System, San Juan PR with the Contracting Officer (CO), or the Contracting Officer Representative (COR) before performance under the contract for the purpose of performance orientation and site/equipment operation orientation.

4.3 Main external video IP feed from the company shall be completed using multimode fiber optic cable. This cable shall end in the hospital premises, at the Computer Center located at the 3rd floor of Building 1.

4.4 The IP signal will be connected to a server where the content management application will reside. This will be the backbone for the Hospital Internet Protocol Television System (IPTV).

4.5 IP Video feed to TVs shall be accomplished via direct connection to the network closets.

4.6 Basic cable TV installation will be provided to the clinics mentioned on section 2.0.1

Cable TV Services of this document.

5.0 PERFORMANCE LOCATION AND HOURS

5.1 Primary place of performance is the VA Caribbean Healthcare System, San Juan

VA Medical Center, 10 Casia Street, San Juan, PR, 00921.

5.2 Government regular working hours are Mondays through Fridays from 8:00 AM to 4:30 PM. Excluding federal holidays:

New Years Day January 1 Martin Luther King Day Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Juneteenth Day June 19 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

Contractor access will be provided by the Government during this time.

5.3 For purpose of pay and leave, the day to be treated as a holiday is determined when one of the above designated legal Holidays falls on a Sunday, the following Monday will be observed as a legal Holiday. When a legal Holiday falls on a Saturday, the preceding Friday is observed as a Holiday by the US Government agencies.

6.0 DELIVERABLES

6.1 Provide IP TV signal with 25 channels as follows: Telemundo, Wapa TV, WIPR, Univision, NBC PR, CBS, Fox PR, CNN, CNN en Español, Weather Channel, ESPN, A&E, Food Network, HGTV, Travel Channel, Discovery, Animal Planet, The History Channel, TLC, Hallmark, Discovery Kids, Disney Channel, TLN, CW and Home and Health.

6.2 Provide Internet access of 100 Mbps upload and download.

6.3 Designate Point of Contact for technical assistance.

6.4 Assign Contract Administrator for the account and contract administrative matters.

6.5 Basic Cable TV installations and Internet Services as described on Section 2.0

7.0 KEY PERSONNEL REPLACEMENT AND SUBSTITUTION

7.1 Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions.

The request shall contain a complete resume for the proposed substitute, and any other information requested or required by the CO and or the COR to approve or disapprove the request. Proposed substitutes shall have qualifications that are equal to or higher than the personnel being augmented. The CO or his/her authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable.

7.2 If the CO determines that, (1) suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or (2) the resultant substitution would be so substantial as to impair the successful completion of the contract or the delivery order in accordance with the proposal accepted by the Government at time of contract award.

8.0 CONTRACTOR PERSONNEL AND MANAGEMENT

8.1 Contractor Personnel. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this Performance Work Statement (PWS). The Contractor shall maintain the personnel, organization and administrative controls necessary to ensure that the work delivered meets the contract specifications and requirements.

8.2 Security Clearances: NOT APPLICABLE

8.3 Government Badges. The COR or Program Point of Contact will coordinate the issuance of required access badges to Contractor personnel. Contract personnel shall wear laminated identification badges provided by the Government always when performing any task. Badges shall be worn on the outer garment, attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

Government issued identification badge remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of Contractor employees from the contract.

8.4. Contractor Badges. NOT APPLICABLE

8.5 All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by Contractor personnel are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

8.6 Safety/Security Requirements. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

8.7 All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

8.8 The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

8.9 Standards of conduct

8.9.1 Conduct of Personnel. Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.). The CO and/or COR may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the CO and/or COR that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this SOW. The Government shall not reimburse the Contractor for any travel, and in this case, travel and other expenses associated with the removal of personnel.

8.9.2 Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

8.9.3 Working Attire and Appearance. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

8.9.4 The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the CO prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.

9.0 TRAVEL NOT APPLICABLE.

10.0 NON-PERSONAL SERVICE STATEMENT

10.1 Contractor employees performing services under this PWS shall be controlled, directed, and supervised at all times by management personnel of the contractor.

Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official.

10.2 The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

11.0 PERSONNEL QUALIFICATIONS

11.1 The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization, and administrative controls necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the PWS in an efficient, reliable, and professional manner.

The normal manner of dress is business casual.

11.2 Specific Personnel Qualifications Requirements –Personnel assigned to or utilized by the contractor in the performance of this contract shall, as a minimum:

11.2.1 Be a United States Citizen

11.2.2 The Contractor shall confirm qualifications of their personnel.

12.0 PERFORMANCE STANDARDS AND QUALITY MEASUREMENT

12.1 Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection.

12.2 The QASP and its performance objectives are as follows:

SOW

Para.

Performance Objective

Performance

Standard

Acceptable Quality Level

Surveillance Method

Compliance

4.4 Contractor

shall provide Cable IP signal to the Computer Center.

Business class service & uptime shall be at a maximum of 99%.

Business class service & uptime shall be at a minimum of 95%.

95% can be defined as a maximum of 96 hours, non-consecutives, with interrupted service.

Interruption could not be more than 48 consecutive hours to be considered an acceptable quality level.

Random inspection conducted by the COR and/or customer comment.

Below AQL, non-acceptance of services. A Contract Discrepancy Report (CDR), will be issued for performance below the AQL. The Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues, and 30 calendar days after issuing the CDR, the Contractor will be re-rated.

If performance does not comply with PWS, the PCO will be notified, the performance record will be documented, and PCO may pursue contract action.

12.3 Service Manuals. VACHS will not provide Service Manuals or technical advice to the contractors. The contractor shall obtain and have on file and make available to its service technician's all operational and technical documentation which are necessary to meet the performance requirements of this contract.

12.4 Equipment Tests. Contractor shall provide a copy of current certification for all test equipment repaired by the technicians to the COR or his/her designee after work completion. This certification shall also be provided on a periodic basis when requested by the COR.

12.5 Coverage. On call Help Desk and technicians shall be available 24 hours, 7 days a week.

12.6 Frequency of Service. Contractor shall perform Preventive Maintenance (PM) and / or Repair services on regular working days and hours, which are Mondays thru Fridays from 8:00 am - 4:30 pm, excluding Federal Holidays.

Exception to such schedule may be granted when total loss of the signal or service occurs. Contractor shall provide a monthly schedule of the equipment PM to be performed to the COR for approval. COR will coordinate and notify the contractor with at least five calendar days in advance from the date services will be performed.

All preventive maintenance services shall be scheduled on regular working days and hours. Inspections, tests, diagnosis, and repairs shall be performed as required to ensure the equipment is functional and operational. In case a repair service is performed, the preventive maintenance inspection can be performed simultaneously.

12.7 Response Time. Contractor shall provide a 24 hour emergency telephone number with a designated point of contact for this contract. Upon notification of equipment malfunction by the COR or designee, the contractor shall respond to all service calls made within one (1) hour.

In those instances where the problem cannot be resolved with telephone assistance, a service technician shall report on-site within four (4) hours of initial notification to perform the required work and/or corrective action.

12.8 Repair Services. The Contractor shall provide onsite repair services which may consist of testing for signal quality and replacement of defective or damaged equipment.

The COR or designee shall approve any exception to the repairs and/or PM schedule; if such PM or Repair requires additional cost to the Government. In such cases the contractor shall inform the COR about the additional work required. The COR will notify the CO, which will request the Contractor to provide a written quotation or proposal. A contract modification or a separate purchase order will be provided to the Contractor prior to the performance of any work.

12.9 Reporting Required Service Beyond the Contract Scope. If there are any services and/or repairs not listed herein that the Contractor believes are necessary to maintain the equipment or services in good operational condition, the Contractor shall notify the COR in writing, within twenty-four hours (24) of discovery of the existence or the development of the problem. Contractor shall furnish the COR with a written estimate cost for CO approval prior to perform any work.

12.10 Service Report. A copy of each service report, signed by an authorized employee shall be furnished to the COR or his designee at the conclusion of each service call, preventive maintenance or repair service.

Service reports shall contain at minimum the following information: Company name, service report number date, hours worked, visit reason, detailed description of work performed to include replacement and/or required parts, technician name and signature, IRM representative signature.

If the PM and/or repair services are not completed for any reason (needs parts still pending to receive, etc.) the service technician shall document the service report as detailed as possible and specify the date when he/she shall return to complete the work.

13.0 COMPETENCY REQUIREMENTS

13.1 The contractor shall comply with Joint Commission Accreditation of Health Care Organization (JCAHO) requirements. To comply with JCAHO requirement the contractor shall provide written confirmation that employees are competent to perform the tasks as described in the statement of work in this contract along with employee's credentials.

13.2 The contractor shall have at minimum the number of service technicians required to meet established response times. The Government reserves the right to reject any of the contractor's personnel and refuse them permission to work on the VACHS equipment.

13.3 If subcontractor(s) are used, Contractor shall provide Sub-Contractor Company Name and employees’ information for Government approval. The COR may authenticate the training requirements, request training certificates or credentials from the contractor for any personnel who are assigned to work under this contract.

13.4 Contractor is responsible to maintain the required employee documentation updated such as: Health certificate, Chicken Pox vaccinations, certificate of good conduct, educational documents, and evaluation methods and qualifications standards; on all contracted employees.

13.5 Contractor shall comply with all applicable Federal, State, local and industry safety and health standards and regulations.

13.6 Contractor shall have no felony convictions and no convictions that reflex on the individuals reliability.

13.7 All Contractors employees performing work under this contract shall be a minimum of eighteen (18) years of age or as required by local laws.

13.8 All employees shall be literate in English to the extent of reading and understanding printed regulations, detailed written orders, training instructions and material, and shall be able to compose reports, which convey complete information.

13.9 All contract employees shall sign in and sign out including lunch break (if applicable) during his/her work schedule.

13.10 Contractor shall provide backup contract employees during the absence for any reason of any of the employees assigned to work under this contract.

13.11 Backup employees shall comply with contract regulations and specifications.

13.12 Upon contract award Contractor shall provide the name and last four digits of social security number for each employee assigned to this contract along with a Good Conduct Certificate for Government ID issuance purposes. Contractor is responsible to maintain this list updated.

13.13 Contractor and VACHS Furnished Training. The Government upon award of this contract will issue a Contract Employee Handbook covering all safety requirements, and additional regulations that all contract employees shall follow and comply during the contract period. Contractor shall provide copies of all trainings that each contract employee has. VA will provide and schedule mandatory trainings for employees, as required by Joint Commission Accreditation of Health Care Organizations (JCAHO). In addition, Staff must be trained on the latest information security policies and procedures. If contractor offers this training (evidence shall be submitted to the COR) otherwise, COR will coordinate and scheduled security training offered to VA staff.

13.14 The Contractor shall provide to the Contracting Officer and/or COR any necessary documentation pertaining to contract employees as requested.

14.0 SUPERVISION

14.1 The contractor shall arrange for satisfactory supervision of the contract work.

The Contractor and/or his Supervisors shall be available at all times, when the contract work is in progress, to receive notices, reports or requests from the CO and/or COR.

14. 2 The Contractor must provide in writing to the CO and COR prior to the contract starting date the name and telephone number of the supervisor and the account number assigned to VACHS.

15.0 MEETINGS

19.1 During the term of the contract, it may be necessary to schedule meetings between the Contractor and the VA to address areas of concern and provide additional exchanges of information. Such meetings shall require attendance by the Contractor at no additional charge to the VA. A meeting would only be required if issues could not be resolved via telephone (conference calls) or in writing.

19.2 Location of meeting will be at the VA Caribbean Healthcare System at San Juan or The Network Contracting Office 8 at the Tres Rios Building Office at Guaynabo, P.R.

19.3 Attendees should include, but may not be limited to, the CO, Program POC/COR and the Contractor.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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 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 FAR 32.608-2 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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

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

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

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

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

(End of Clause)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests…