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36C24523Q0175
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.
UEI:
EFT:
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
Mark Smith 410-642-2411 12-30-2022 3pm
EST
Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902
X
922160
N/A
Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) 510 Butler Ave, Martinsburg, WV VA Medical Center 25405
Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902
PAYMENT WILL BE MADE BY
FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135
See CONTINUATION Page The contractor shall perform annual tests, semi-annual test inspections, and repair services in accordance with the Statement of Work for the Martinsburg VA Medical Center.
This IDIQ shall be 5-year period, which includes one year ordering periods as noted in price schedule.
POC: Mark Smith | mark.smith25@va.gov
A site visit will be offered on 12/22/22 at 10am EST.
Questions will be due at 12pm EST on 12/23/2022.
Funding will be obligated on each individual task order.
See CONTINUATION Page
Mark Smith Contracting Officer
Table of Contents
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 SINGLE AWARD TASK ORDER CONTRACTS (SATOC) | 5 |
| B.3 STATEMENT OF WORK | 6 |
| B.4 PRICE/COST SCHEDULE | 15 |
| ITEM INFORMATION | 15 |
| SECTION C - CONTRACT CLAUSES | 23 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 23 |
| C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION) | 29 |
| C.3 52.216-18 ORDERING (AUG 2020) | 36 |
| C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) | 37 |
| C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 37 |
| C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) | 38 |
| C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 38 |
| C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 39 |
| C.9 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 41 |
| C.10 VAAR 852.219-76 SUBCONTRACTING PLANS MONITORING AND COMPLIANCE (JUL 2018) | 41 |
| C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 42 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 43 |
| D.1 WAGE DETERMINATION | 43 |
| D.2 VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19 | 53 |
| D.3 SITE VISIT | 54 |
| SECTION E - SOLICITATION PROVISIONS | 55 |
| E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 55 |
| E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 57 |
| E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 59 |
| E.4 SUPPLEMENTAL INSTRUCTIONS TO OFFERORS | 63 |
| E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 64 |
| E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION) | 64 |
| E.7 52.216-1 TYPE OF CONTRACT (APR 1984) | 81 |
| E.8 52.233-2 SERVICE OF PROTEST (SEP 2006) | 82 |
| E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 82 |
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 36C245 Mark Smith Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902
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 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.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 SINGLE AWARD TASK ORDER CONTRACTS (SATOC)
Quantities listed are estimated only and are not guarantees.
This is a Fixed Price 5-year Indefinite Delivery Indefinite Quantity (IDIQ) Contract. Accordingly, funds are not obligated on this contract at award; rather, funds are obligated via task orders issued against the contract. Task orders shall only be issued by a warranted VA Contracting Officer (CO). VA CO will issue task orders to the contractor authorizing services via Standard Form 1449. Each task order shall clearly identify the dollar amount authorized under the individual task order and the period of performance of the individual task order. When a task order period of performance is completed, additional services shall not be provided unless a new task order is issued in accordance with this IDIQ.The minimum dollar amount guaranteed under this contract for the performance period of five years is $2,500.00. The maximum dollar amount or contract ceiling for this contract is $1,200,000.00. The maximum amount is not guaranteed. The combined total of all orders placed against this contract cannot exceed the maximum amount/ceiling of this contract.
(End of Clause)
B.3 STATEMENT OF WORK
STATEMENT OF WORK
FIRE DETECTION SYSTEMS MAINTENANCE AND TESTING
Martinsburg VA Medical Center
Contractor shall provide an annual cost for all labor, Miscellaneous material, preventive maintenance, troubleshooting, repair, testing, and emergency service calls for the fire alarm system and related components at the Martinsburg VA Medical Center as indicated herein. Costs provided shall be all inclusive, including the services noted, travel expenses, gas, surcharges, and any other fees normally charged.
DESCRIPTION OF WORK: The contractor shall perform annual tests, semi-annual tests, inspections, and repair services (inclusive of emergency/after hours repairs) on various fire alarm, detection, and suppression systems in accordance with National Fire Protection Association, local codes, Joint Commission Standards, and manufacturer’s recommended procedures. The contractor shall deliver a written report that describes the test and inspection results and services performed. A list of system components is attached to this document. The contractor shall provide all transportation, shipping, labor, tools equipment and miscellaneous material to accomplish the following: All fire alarm, detection, and suppression systems shall be inspected and functionally tested in accordance with National Fire Protection Association recommendations, manufacturer’s specifications, and local codes.
· All work to be completed between 7:30 a.m. and 4:00 p.m. Monday through Friday, except as requested or approved by the VA for special circumstances.
· Contractor must respond within 30 minutes of initial emergency call and arrive on station within two hours of receiving a call for emergency service.
· All tests and inspections are to be performed in accordance with the most recent edition of NFPA 25, 72, 80, 105, 13, 101 Life Safety Code, and the latest The Joint Commission Standards as applicable.
· No valves, gauges, or other parts will be replaced and charged to VA without prior approval of the Contracting Officer’s Representative (COR).
· No system will be left out of service at the end of a workday or over a weekend without permission of the Martinsburg VAMC Fire Chief. All switches must also be verified that they are reset prior to end of workday.
· Contractor will provide a fully completed inspection form for each separate system on the day of the test or inspection; upon Completion of Inspection.
· Unlimited service calls shall be provided 24 hours a day, 7days a week, for repairs associated with normal equipment failures (provided during normal working hours Mon-Fri, times specified above, excluding holidays). This provision includes labor, travel, and mileage charges for repairs associated with normal equipment failures and as per contractual requirements. Emergency service will be provided within 24 hours of notification or per NFPA or contractual requirements Monday through Fridays as per times specified above. This provision covers labor to troubleshoot and diagnose system problems, and the labor to replace failed devices.
· A key for most locked areas will be provided by the Martinsburg VAMC Fire Chief. Those locked areas requiring VA assistance will require approximately one hour advance notice from the contractor to the Martinsburg VAMC Fire Chief.
· Contractor must provide all tools, supplies, equipment and personnel to perform the work of this contract. Contractor is expected to work independently once oriented, with adequate personnel to accomplish all testing and repairs in an efficient manner. Contractor shall also provide all gaskets, packing, lubricants, and common pipe fittings required to accomplish the tasks required of this contract.
· Contractor should assume the need for two hand-type two-way radios or touch-to-talk phones for communication between two contractor employees.
· Experience & Technical Qualifications of Personnel: ALL TECHNICAL PERSONNEL (RESPONDING FIRE ALARM TECHNICIANS) engaged in the work to be accomplished under this contract, shall meet GSA National Standards, which require NICET level II in Fire Alarm or approved equivalent and possess at least the minimum years (as noted) of recent (within the past 7 years) experience in the operation, programming, testing, maintenance, repair, installation and inspection of the equipment and systems comparable in complexity to systems covered by this contract,. All personnel must possess all certifications and licenses required by federal, state and local jurisdictions. Must be certified and have the ability to program the Edwards System Technology (EST) fire alarm system as well as the Fire Works computer program. NOTE: This is a proprietary system with specific manufacturer requirements to access.
· Contractor must have a minimum of one (1) NICET level IV in Fire Alarm on-staff in a supervisory role
· Contractor must have the in-house ability and possess the certificate key to program on the EST network; a sub-contractor is not an acceptable means.
· All FIRE ALARM TECHNICIANS must be certified by the National Institute for Certification in Engineering Technologies (NICET) and hold at least a current LEVEL 2 (Associate Engineering Technician) in Fire Protection Engineering Technology, Fire Alarm Systems or approved equivalent. All FIRE ALARM TECHNICIANS performing contract work shall meet the service personnel qualification requirements in the current edition of NFPA 72. (Note: Minimum 5 Years’ Experience).
· All FIRE ALARM TECHNICIANS must have an active manufacturer’s certification and be employed by a manufacturer partner.
· Work is to be conducted in a manner which would present the least amount of disruption to the healthcare facility.
· Preventive Maintenance and repair of the Fire Alarm to be completed during normal work hours defined as M-F 7:30am to 4:30pm.
· Emergency repairs after normal hours on weekends and holidays will be coordinated through the Fire Chief or his designated representative.
· Warranty: upon completion and acceptance of all work, the contractor shall provide the COR with the manufacturer’s standard warranty on all workmanship.
· In those cases where contractor is required to verify that alarms operate and transmit to VA main fire panel, the contractor may need to have a person at the building’s fire alarm panel to confirm the signal.
· Work dates must be scheduled with Martinsburg VAMC Fire Chief, telephone 304-263-0811, extension 4314 and the Electrical Shop Supervisor at 304-263-0811 extension 3096.
· Buildings covered under this agreement include….
ALL BUILDINGS ON THE VA MEDICAL CENTER CAMPUS
· Written reports mailed to the Martinsburg VAMC Fire Chief should be addressed as follows:
Martinsburg VA Center 510 Butler Ave.
Martinsburg, WV 25405 Attn: Fire Chief Building 318
· Inventory style report will be provided at the end of testing. Daily report to the Fire Chief from inspection activities.
FIRE ALARM SYSTEM
a. Annual Testing - The contractor shall provide labor, time, materials and equipment, necessary to perform annual testing and inspection of:
1. Each fire alarm system control panel, all input and all output devices, and batteries.
2. Test, inspection and operation to be performed on all manual fire alarms pull stations, smoke detectors (including elevator shafts), duct detectors, and heat detectors. Any smoke and heat detector that does not operate properly will be calibrated or replaced and reported to the fire chief Before the removal of smoke detectors can begin, notice shall be given to the fire chief.
3. Cleaning/vacuuming of smoke detectors
4. Testing and inspection of all detectors
5. Inspection of all building alarm notification devices (audible devices, speakers, and visual devices)
6. Inspection and testing of all electro-mechanical releasing devices.
7. Ground fault for fire alarm system.
b. Two Year Testing - The contractor shall provide labor, time, materials and equipment, necessary to perform cleaning, function testing and inspection of:
1. Cleaning /vacuuming and sensitivity testing (calibration) of approximately 800 ceiling mounted smoke detectors including the cleaning and testing of elevator shaft smoke detectors that are to be coordinated with the fire dept. Estimated that 30 smoke detectors are in elevator shafts. This work shall be conducted on even numbered years.
(50 % Cleaning and Sensitivity per Year).
EST FIREWORKS PROGRAM
a. Programming – Contractor will ensure all graphics, data, alarms, and alarm notifications are delivered to both the Fire Department and Central Dispatch Fireworks programs to ensure redundancy and accuracy of the system.
FIRE SPRINKLER SYSTEM
The contractor shall provide consumable material used for repair/replacement devices provided by the VA, labor, time, materials, preventive maintenance, testing, equipment, and emergency call back necessary to maintain and perform testing and inspection of the wet sprinkler and dry sprinkler systems at the proper frequency for all buildings at the medical center to meet or exceed NFPA requirements.
b. Annual Testing - Contractor to provide labor, time, materials and equipment to perform inspection of:
1) Each fire alarm system control panel, all input and all output devices.
2) All system riser main drains
3) Perform maintenance on all jockey pumps.
4) Cleaning/vacuuming of all 1500+ sprinkler heads.
c. Semi-Annual Testing - Contractor to provide labor, time, materials and equipment to perform inspection of wet system sprinkler systems and pre-action suppression systems:
1) Test of fire alarm system circuits for proper operation.
d. Five-year Testing – Contractor to provide labor, time, material and equipment to perform five- year inspection of wet and dry sprinkler systems. This must be completed in option year four.
e.
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f. General Requirements:
1) The contractor shall provide a schedule of all buildings to be tested. The fire chief must give prior approval for the shut-down of the fire alarm of each building. Tests must be performed as fast and expertly as possible. No building will have a zone or a complete system shutdown more than one working shift.
2) The contractor shall provide all software updates to the system within the parameters of all the maintenance being done.
3) The contractor will be responsible for all bells, lights, switches, batteries, battery chargers, and any equipment associated with the fire alarm system.
4) The contractor shall keep all equipment clean and well ventilated, inspect all system components and note any unusual performance, test-check operation of all the equipment as part of the inspection program and perform minor adjustments as needed at the time of inspection, including all EST and Fireworks software.
5) A record of all repairs, abnormal findings and results of tests on equipment shall be maintained and turned over to the Fire Chief, Electric Shop, and Plumbing Shop supervisor.
6) The contractor shall provide the Fire Department with two copies of all inspection reports and emergency repair reports and fire alarm smoke detector test results. Contractor also to notify the Fire Chief, Electric Shop or Plumbing Shop supervisor of any equipment repair ready for final inspection. All testing and repair reports must be provided to the VA within five working days.
f. Wet System Specifications:
1) Test of water flow alarms. All water flow alarm switches will be tested by drawing water through inspectors test valve.
2) Test of electric supervisory alarms: Test all supervisory alarm switches on supply valves, by closing all supervised valves and reopening the valves, verify that all local alarms operate, verify that all alarms transmit to local panels, Fire Department, and Central Dispatch. Note number of turns of valve stem required to activate the supervisory alarm.
3) Inspect and service all fire department connections: On all fire department pumper connections, Siamese, etc. Remove caps; replace any missing/damaged caps. Lube treads, replace gaskets.
4) Inspect and service all main supply valves: Operate full close and reopen all P.I.V and O.S. and Y. valves on each system. Replace valve stem packing where leaking is evident and lubricate stems. (Rather than replacement of valve stem packing, tightening (but not over-tightening) is acceptable if adequate to stop leaking).
5) Inspection and flushing of main drain: Operate the main drain on each system to dislodge and flush any debris in main riser between supply main and cross mains.
6) Re-seal all valves in open position with wire seal where now sealed, re-lock all chains and padlocks where locked. Contractor furnishes wire seals.
7) Test of all water flow alarms.
8) Water flow alarm switches will be tested by drawing water through inspectors test valves.
9) Record elapsed time (switch retard) for switch activation-alarm initiation-local alarm, to determine if retard setting meeting VA standards (45 seconds from water flow to alarm signal activation).
10) Verify that alarm signals transmit to local panels, Fire Department, and Central Dispatch.
11) Test of supervisory alarms: Test of supervisory alarm on main P.I.V. supply to Building (one P.I.V.). Assure that supervisory alarm transmits to Control Center.
12) Inspect and service main supply valves:
13) Tests operate for close and reopen all O.S.Y. main riser valves.
14) Lubricate all threads and bearings, to assure normal operation.
15) Test run fire pump and locked pump as specified in NFPA annual performance test for fire pumps. Record pilot reading, calculate and record GPM flow. As referenced in the most recent edition of NFPA 20.
16) Wet System Locations – Buildings: 500, 511, 501, 502, 503, 504, 508, 512, 518, 519, 400 row buildings, 300 row buildings, 200 row buildings, 213, 117, 21
g. Dry System Specifications:
1) Trip test of main dry pipe valves. Trip test each main system riser dry valve by opening inspectors test valve to simulate sprinkler flow.
NOTE: The time (seconds) required from inspection valve open to trip (clapper valve open) and water flow at inspection test valve.
2) Rapid air exhauster test. Observe the function of the rapid air exhauster during the trip test of the main dry pipe clapper valve, to determine if the air exhauster function is adequate.
3) Water supply valves function tests. Manually operate, fully close and reopen all O.S. & Y. main valves and P.I. Valves to assure easy normal operation. Repack any leaks in glands. Lubricate stems as necessary, one full closure and open of each valve minimum, for each function test.
4) Test all electric supervisory alarm switches on supply valves: Concurrent with item 4, assure that all supervisory alarm switches are operating and transmitting to fire alarm system in Electric Shop/Control Center indicating valve closed and valve open as required.
5) Inspect and repair all fire department connections: Inspect all pumper connections to system (Siamese etc.). Replace any missing caps, gaskets, etc. and lube all cap threads lube to prevent rust or seizure.
6) Test all water flow alarm switches and alarm circuits: Test the function of all water flow alarm switches to assure they transmit water-flow alarm to local (building) bell/gong, and to control center and that switch settings are under 45 seconds.
NOTE: Record delay time on each test report form.
7) Re-seal all valves in open position with wire/lead seal where sealed with wire. Re-secure all valves locked with chain/padlock with chain/padlock only. Contractor furnishes wire seals.
8) Test all air loss alarms: Test to determine if air loss switches functions any building alarm local device and if building fire alarm interface transmits low air alarm signal to Control Center.
9) Dry pipe system low points are to be drained upon completion of the trip tests.
10) Dry System Locations – Buildings: 500 loading and receiving dock, 400 row buildings, 300 row buildings, 200 row buildings, 501 porch area.
a. Annual Fire Pump Full Flow Test:
1) The contractor will test each fire pump annually to determine flow rate, pump pressure, pump motor current, voltage and speed at peak load. All valves in suction line will be checked to assure that they are fully open.
2) The flow will be maintained for at least one hour.The inspector will record the date, total flow rate, test meter gpm, suction and discharge pressure, number and size of hose nozzles with corresponding psi and total gpm, pump motor current, voltage and speed, and sign for each fire pump.
3) Performance curves will be documented showing pressure at 0%, 100%, and 150% flow rate of pump. This graph will be completed In accordance with NFPA 20-11.3 and presented to the Fire Chief.
b. Inspection Forms: Additional inspection forms can be obtained from the applicable NFPA codes. Fully completed forms will be turned in to the Safety Office (001SEM) on the day of test completion.
c. Sensitivity testing for fire alarm and detection systems:
To ensure accuracy, and in accordance with NFPA or Joint Commission requirements/guidelines, sensitivity testing will be performed on all smoke detectors at a rate of 100% annually. Testing will be performed using only UL approved sensitivity testing equipment. Devices performing outside the listed sensitivity range shall be re-cleaned and tested, and if necessary, noted and recommended for replacement as per the Chief Engineering Service. Testing of detector sensitivity may be accomplished at the panel if such capability exists and a written report of same may be obtained.
d. Testing of Smoke and Fire Dampers, Inspection of Fire and Smoke Doors Inspection of Fire and Smoke Dampers every 6 years in Health care areas, 4 years in long term care areas and every 2 years in Building 502. Testing will be completed in accordance with NFPA 105and Joint Commission Standards. Documentation of smoke and fire dampers will have pictures of the dampers both opened and closed with an inventory of all dampers. Fire/Smoke Doors will be inspected in accordance with NFPA 80 and Joint Commission Standards. Inventory list will be provided for all fire/Smoke doors.
JOINT COMMISSION INSPECTION REQUIREMENTS
All inspections listed above will be conducted as required by the Joint Commission on Healthcare Accreditation. The following items will be inspected and documented at the periodicity indicated. Below is a summary of all tests / inspections covered in this statement of work. Documentation of all device locations shall be considered a requirement of JCAHO.
1. Every 12 months test duct detectors, electromechanical releasing devices, heat detectors, manual fire alarm boxes, and smoke detectors. The completion date of the tests is documented.
2. Every 12 months test visual and audible fire alarms, including speakers. The completion date of the tests is documented.
3. Every 12 months test fire alarm equipment for notifying off-site fire responders. The completion date of the tests is documented.
4. For automatic sprinkler systems: Every 12 months, test main drains at system low point or at all system risers. The completion date of the tests is documented.
5. For automatic sprinkler systems: Every 12 months test fire pumps under flow. The completion date of the tests is documented.
6. Provide testing and documentation for magnetic release for fire/smoke barriers and release of exterior doors during fire alarm testing with door lock system located in police service.
7.
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PARTS/MATERIAL
The VA will maintain emergency replacement high mortality parts in operational inventory to be utilized upon request for maintenance and repairs. This does not include incidental consumables such as tape, wire nuts, tools, or special devices not part of the current system. Requirements for parts or devices not covered within the inventory, will be submitted to the Fire Chief for review who will utilize installation procedures for procurement.
5. Service Requirements
1. Normal/routine service shall have an on-site response time of within 24 hours of initial call.
2. Emergency service shall have an onsite response time of within 8 hours of initial call.
3. Contractor shall maintain and manage 24/7/365 support inclusive of after-hours service.
4. Supervisory NICET IV personnel shall be available 24/7/365 for phone support and consultation.
5. Service calls shall be accomplished in a timely manner utilizing VA stock materials.
6. VA shall have access to contractor service call reporting and management software to ensure key metrics are being met. These key metrics shall be reviewed quarterly with the Fire Chief.
7. The cost of this contract is all-inclusive, and service calls, regardless of number or type (routine or emergency), shall not be charged to the VA. Equipment requirements for service not contained within VA stock shall be negotiated under the requirements of Section 5 above.
B.4 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 430.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PEFORM SCHEDULED MAINTENANCE AND INSPECTION OF THE FIRE ALARM SYSTEM LOCATED AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK Contract Period: Ordering period 1 POP Begin: 1-02-2023 POP End: 1-01-2024 PRINCIPAL NAICS CODE: 922160 - Fire Protection PRODUCT/SERVICE CODE: 1230 - Fire Control Systems, Complete
| 426.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO TROUBLE SHOOT AND PERFORM DIAGNOSTIC SERVICES TO THE FIRE ALARM SYSTEM LOCATED AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2023 POP End: 1-01-2024
| 106.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO EMERGENCY CALL IN SERVICES FOR THE FIRE ALARM SYSTEM AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2023 POP End: 1-01-2024
| 155.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PERFORM NON EMERGENCY REPAIRS ON THE FIRE ALARM SYSTEM AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2023 POP End: 1-01-2024
| 375.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PERFORM SERVICES ON THE EST FIRE ALARM NETWORK PANEL AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2023 POP End: 1-01-2024
| 430.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PEFORM SCHEDULED MAINTENANCE AND INSPECTION OF THE FIRE ALARM SYSTEM LOCATED AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK Contract Period: Ordering period 2 POP Begin: 1-02-2024 POP End: 1-01-2025
| 426.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO TROUBLE SHOOT AND PERFORM DIAGNOSTIC SERVICES TO THE FIRE ALARM SYSTEM LOCATED AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2024 POP End: 1-01-2025
| 106.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO EMERGENCY CALL IN SERVICES FOR THE FIRE ALARM SYSTEM AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2024 POP End: 1-01-2025
| 155.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PERFORM NON EMERGENCY REPAIRS ON THE FIRE ALARM SYSTEM AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2024 POP End: 1-01-2025
| 375.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PERFORM SERVICES ON THE EST FIRE ALARM NETWORK PANEL AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2024 POP End: 1-01-2025
| 430.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PEFORM SCHEDULED MAINTENANCE AND INSPECTION OF THE FIRE ALARM SYSTEM LOCATED AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK Contract Period: Ordering period 3 POP Begin: 1-02-2025 POP End: 1-01-2026
| 426.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO TROUBLE SHOOT AND PERFORM DIAGNOSTIC SERVICES TO THE FIRE ALARM SYSTEM LOCATED AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2025 POP End: 1-01-2026
| 106.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO EMERGENCY CALL IN SERVICES FOR THE FIRE ALARM SYSTEM AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2025 POP End: 1-01-2026
| 155.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PERFORM NON EMERGENCY REPAIRS ON THE FIRE ALARM SYSTEM AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2025 POP End: 1-01-2026
| 375.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PERFORM SERVICES ON THE EST FIRE ALARM NETWORK PANEL AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2025 POP End: 1-01-2026
| 430.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PEFORM SCHEDULED MAINTENANCE AND INSPECTION OF THE FIRE ALARM SYSTEM LOCATED AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK Contract Period: Ordering period 4 POP Begin: 1-02-2026 POP End: 1-01-2027
| 426.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO TROUBLE SHOOT AND PERFORM DIAGNOSTIC SERVICES TO THE FIRE ALARM SYSTEM LOCATED AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2026 POP End: 1-01-2027
| 106.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO EMERGENCY CALL IN SERVICES FOR THE FIRE ALARM SYSTEM AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2026 POP End: 1-01-2027
| 155.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PERFORM NON EMERGENCY REPAIRS ON THE FIRE ALARM SYSTEM AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2026 POP End: 1-01-2027
| 375.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PERFORM SERVICES ON THE EST FIRE ALARM NETWORK PANEL AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2026 POP End: 1-01-2027
| 430.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PEFORM SCHEDULED MAINTENANCE AND INSPECTION OF THE FIRE ALARM SYSTEM LOCATED AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK Contract Period: Ordering period 5 POP Begin: 1-02-2027 POP End: 1-01-2028
| 426.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO TROUBLE SHOOT AND PERFORM DIAGNOSTIC SERVICES TO THE FIRE ALARM SYSTEM LOCATED AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2027 POP End: 1-01-2028
| 106.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO EMERGENCY CALL IN SERVICES FOR THE FIRE ALARM SYSTEM AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2027 POP End: 1-01-2028
| 155.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PERFORM NON EMERGENCY REPAIRS ON THE FIRE ALARM SYSTEM AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2027 POP End: 1-01-2028
| 375.00 |
| HR |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL PARTS LABOR MATERIAL AND TRANSPORTATION TO PERFORM SERVICES ON THE EST FIRE ALARM NETWORK PANEL AT VAMC MARTINSBURG AS NEEDED PER ATTACHED STATEMENT OF WORK
POP Begin: 1-02-2027 POP End: 1-01-2028
| GRAND TOTAL |
| __________________ |
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| GRAND TOTAL |
| __________________ |
Page 1 of Page 1 of
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 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any…
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