C03-36C24524Q0216-PM PACS SYSTEM-HUNTINGTON VAMC.pdf

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

581-24-2-506-0009

36C24524Q0216 01-25-2024

JOHN RITTER JOHN.RITTER2@VA.GOV 02-07-2024

9:00 AM EST

Department of Veterans Affairs

VAMC

JOHN.RITTER2@VA.GOV

10 N Greene St Baltimore MD 21201

X 100

X

561621

$25 Million

N/A

X

VAMC(581)

1540 SPRING VALLEY DR

WV 25704

VAMC

10 N Greene St Baltimore MD 21201

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

VENDOR TO PROVIDE ALL PARTS, LABOR, AND EQUIPMENT TO

PERFORM THE INSPECTION, TESTING AND REPORTING OF THE PACS

SYSTEM. SEE STATEMENT OF WORK (SOW)/SCHEDULE.

BASE PLUS FOUR OPTION YEARS

PERIOD OF PERFORMANCE:

BASE: 2/15/2024 - 2/14/2025

OPT YR 1: 2/15/2025 - 2/14/2026

OPT YR 2: 2/15/2025 - 2/14/2027

OPT YR 3: 2/15/2027 - 2/14/2028

OPT YR 4: 2/15/2028 - 2/14/2029

SITE VISIT WILL BE AT THE HUNTINGTON VAMC

ON 2/1/24 @ 1130 AM. SEE ATTACHED AGENDA.

QUESTIONS DUE 2/2/24 @ 1:00 PM EST.

QUOTES DUE 2/7/24 @ 9:00 AM EST.

EMAIL QUESTIONS AND QUOTES TO JOHN.RITTER2@VA.GOV

See CONTINUATION Page

X X

X 1

BRADLEY DAVIS

VA-VHA-2020-8952A45B

mailto:JOHN.RITTER2@VA.GOV http://www.fsc.va.gov/einvoice.asp

36C24524Q0216

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

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) ...20

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERNINATION-HUNTINGTON

D.2 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING_CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

D.3 SITE VISIT OUTLINE-36C24524Q0216- PACS SYSTEM HUNTINGTON VAMC-2-

1-24

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 FAR 52.212-1, “INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS” (OCT

2018)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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 BRADLEY.DAVIS3@VA.GOV Department of Veterans Affairs

VAMC

JOHN.RITTER2@VA.GOV

10 N Greene St Baltimore MD 21201

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] UPON COMPLETION OF TASK

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

mailto:BRADLEY.DAVIS3@VA.GOV

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

VENDOR SHALL SUPPLY ALL LABOR AND EQUIPMENT TO

MAINTAIN AND UPGRADE ELECTRONIC MONITORING AND

PROTECTION SYSTEMS AT THE MAIN VA MEDICAL CENTER

AND AT OUTLYING CLINICS BASED ON PROVIDED STATEMENT

OF WORK (SOW).

Contract Period: Base POP Begin: 02-15-2024 POP End: 02-14-2025 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

MAINTAIN AND UPGRADE ELECTRONIC MONITORING AND

PROTECTION SYSTEMS AT THE MAIN VA MEDICAL CENTER

AND AT OUTLYING CLINICS BASED ON PROVIDED STATEMENT

OF WORK (SOW).

Contract Period: Option 1 POP Begin: 02-15-2025 POP End: 02-14-2026 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and

MAINTAIN AND UPGRADE ELECTRONIC MONITORING AND

PROTECTION SYSTEMS AT THE MAIN VA MEDICAL CENTER

AND AT OUTLYING CLINICS BASED ON PROVIDED STATEMENT

OF WORK (SOW).

Contract Period: Option 2 POP Begin: 02-15-2026 POP End: 02-14-2027 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and

MAINTAIN AND UPGRADE ELECTRONIC MONITORING AND

PROTECTION SYSTEMS AT THE MAIN VA MEDICAL CENTER

AND AT OUTLYING CLINICS BASED ON PROVIDED STATEMENT

OF WORK (SOW).

Contract Period: Option 3 POP Begin: 02-15-2027 POP End: 02-14-2028 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and

MAINTAIN AND UPGRADE ELECTRONIC MONITORING AND

PROTECTION SYSTEMS AT THE MAIN VA MEDICAL CENTER

AND AT OUTLYING CLINICS BASED ON PROVIDED STATEMENT

OF WORK (SOW).

Contract Period: Option 4 POP Begin: 02-15-2028 POP End: 02-14-2029 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

STATEMENT OF WORK

PART A – GENERAL INFORMATION

A.1 INTRODUCTION: This requirement is for preventive maintenance service of the facility’s Patient Safety, Security, and Critical Communication systems.

A.2 BACKGROUND: To follow Joint Commission and VA directives, a service agreement is required to maintain the patient monitoring systems throughout the facility.

A.3 SCOPE OF WORK: Vendor to provide all parts, labor, and equipment to perform the following work on these systems:

• Lenel Physical Access Control System (“PACS” PIV-compliant card readers);

• Avigilon high-definition closed circuit television (CCTV) system, including point-tilt-zoom cameras;

• Rauland Nurse Call system, including Responder 4 & 5 systems, integrated Code Blue patient distress notification system and Responder Enterprise software interfaces;

• Layered Solutions employee duress signaling system;

• Edwards (EST) Fire Detection and Alarm system

• Emergency 24 (“EM24”) UL Listed Central Station monitoring services that notifies responding authorities in the event of alarm.

• VA Security motion detection, monitoring, signaling, and call system;

The vendor shall perform the following work on the systems noted above monthly:

• Vendor shall provide all software updates and upgrades to ensure that the subject system is operating properly at the newest, most up-to-date version of the software.

o Vendor shall furnish, install, maintain, and utilize a maintenance/inspection PC to perform system tests located so VA operations are not interrupted during inspection services.

o Inspection services will be performed on equipment that may be added during current service agreement time period.

• Vendor shall provide required services for factory sponsored software support for Rauland Enterprise nurse call interface software. All costs associated with these services, both onsite and offsite, shall be included within this service agreement.

• Vendor shall perform all manufacturer required and suggested system inspections and tests to ensure that the subject system is operating properly. If deficiencies are identified, the Vendor shall notify COR and condition remediated within 48 hours.

o All maintenance and upkeep of equipment will be done at the manufacturer’s recommended testing procedures and guidelines.

o Technicians will supply all materials required to perform the necessary testing and service, including but not limited to: Hand tools, step ladders, lifts, personal protective equipment (PPE) as required by the facility, specific device testing tools and meters as needed.

• Inspections will be performed monthly. Time to perform inspections shall be approved in advance by VA and 100% of the equipment will be inspected during the service agreement period.

• During the course of inspection and maintenance, the Vendor will identify issues or require repairs that are not covered. In these instances, the Vendor shall be required to provide a detailed quotation, including all labor and materials costs, to accomplish this work at their expense.

• Vendor will provide the following for each covered system;

(1) Service Technician access to factory provided technical services 24/7 as needed to address system concerns or faults.

(2) Service Technician access to factory provided software support and software upgrades

(3) Technical Services to perform onsite inspection, testing and documenting status of control equipment and system software during scheduled inspections

(4) Technical Services to perform onsite programming changes requested by Owner or Factory as needed during scheduled software inspections

(5) Technical Services to perform onsite software and/or firmware upgrades as approved during scheduled inspections

(6) Technical Services to perform owner requested programming changes as approved during scheduled inspections

Vendor will provide a 24 hour, seven days per week emergency telephone number for access to Technical Support. Standard business hours services as well as Evening, Holiday and Weekend emergency services will be provided as requested and approved in advance by VA and invoiced at current established rates.

Vendor will also provide up to a maximum of (56) hours monthly of technical support on systems listed above. Unused hours will not carry over to the following month(s). If work is needed over the allotted 56 hours of monthly technical support in a month, the vendor will supply a quote for the work and that work/time will be addressed under a separate purchase order.

Vendor will provide documentation of all repairs, testing, and maintenance performed on any of the above mentioned systems to the COR.

During inspections for all equipment:

a. Vendor will provide onsite technical services to perform inspection, testing and reporting for systems installed in Huntington VA main campus facilities (including buildings 19 and 20, located on adjacent property) and its associated remote facilities connected to these systems during the service agreement period.

b. Vendor will provide the following for all components of each covered system;

(1) Furnish and install a unique bar code label on each device and control station

(2) Utilize barcode scanners and web based reporting to document and report results of each inspection of each item of each covered system

(3) Provide detailed reports to Owner in PDF format that include time stamp of inspection, results of inspection and any corrective measures needed

(4) Document equipment location and bill of material

(5) While inspections are being performed maintenance and upkeep of equipment and testing procedures will be performed per manufacture’s recommendations and guidelines.

c. Vendor shall submit all appropriate forms to VA to secure appropriate access to the site as instructed by VA for Personnel Access (VA PIV badge) at their own expense.

A typical onsite system test includes a complete and thorough equipment and performance test of all the installed system equipment.

(1) After technicians arrive on site for an inspection per schedule approved in advance, inspector will meet with assigned VA Staff, a call will be made to appropriate VA staff that system will be in testing mode.

(2) Technicians will test, inspect and catalog all devices and their corresponding locations in the building. Equipment will be cleaned utilizing methods recommended by the manufacturer. If equipment component fails inspection technician will recalibrate, if possible, reinstall and test again.

(3) Strategic voltage/current measurements will be taken and compared to manufacturers’ specifications and corrections performed if possible.

(4) Technicians will continue this procedure for each system included in this agreement for each facility building until all system equipment has been tested, serviced and compiled in documentation to VA.

(5) Technicians will supply all materials required to perform the necessary testing and service, including but not limited to:

(a) Hand tools, step ladders, lifts, personal protective equipment (PPE) as required by the facility as well as specific testing tools and meters.

(6) VA personnel will provide assistance to gain access and test/inspect devices located within in-accessible areas.

(7) All equipment will receive a unique bar code label and once tested the device will be scanned into a handheld, wireless, barcode type scanner. Once scanned the devices will be downloaded to a specific word processing program and entered with all pertinent equipment information. The report will show all devices and their current status as well as location, model number and bar code designation. No later than 10 days after each inspection a written report will be tendered to VA Staff with a full evaluation, recommendations and any cost estimates that are over and above the regular routine maintenance and upkeep covered under the systems agreement. Upon receipt of inspection report by VA Staff, a meeting will be held to discuss in detail all aspects of the report and to determine what actions, if any, need to be addressed with respect to the upkeep, maintenance and safety of the site. Inspections include testing of all recently installed devices.

(8) After each inspection, the Vendor will prepare a detailed report and submit to assigned VA Staff. The report will include but not be limited to:

(a) Date(s) and time(s) service was performed,

(b) Any problem(s) encountered,

(c) Corrective Measures taken to solve the problem(s),

(d) Preventive measures that VA can take to alleviate problems from reoccurring.

(9) Vendor shall maintain dedicated inspection team of competent individuals that perform these types of duties on similar life safety systems for other facilities on a regular basis. The intent is these inspection services is to maximize performance of patient safety systems, keep system features/abilities/interfacing factory fresh by maintaining current firmware versions, maximize VA’s responses to patient safety issues, maximize value of VA’s investment in these life safety systems, uncover failed or failing equipment before an incident is experienced by VA staff, minimize billable service calls and unplanned down time, allow technician to maintain familiarity of the systems to respond and resolve service issues quicker and at less expense to VA, keep the system current and keep VA staff trained in the proper operations of the various systems.

d. Vendor will maintain a current inventory for systems covered within this agreement during service agreement period that will include the following as a minimum;

(1) List of software versions.

(2) List of equipment model numbers and bill of material.

(3) List of equipment serial numbers (whenever available).

(4) Confidential list of equipment IP addresses and MAC addresses (service contractor will keep this confidential and handle this information as directed by Owner).

(5) Maintain reports listing date of inspection/testing of each component.

(6) Maintain this information as equipment may be moved, replaced, added or removed (based on work performed by Vendor and information provided by VA).

As a function of the monthly maintenance, work will primarily take place at the Hershel “Woody” Williams VA Medical Center. Outlying clinics are also supported by this contract as such:

MAIN

CAMPUS CHARLESTON PRESTONSBURG GALIPOLIS LENORE

HOMELESS

CTR.

PACS X X X1

CCTV X X X X X X

NURSE

CALL X

DURESS X X X1

FIRE

ALARM X

SECURITY X

Footnote 1: The Medical Center is currently pursuing a new location and new facility for the

Prestonsburg clinic. The location will remain in Prestonsburg, but the address will change.

Upon completion of the build, the Prestonsburg clinic will require PACS and Duress coverage. The clinic build and move are scheduled for completion in 2025. Therefore, coverage for those services at that location will begin in POP Option Year 2.

STATEMENT OF WORK PART C – SUPPORTING INFORMATION

C.1 Place of Performance – Work will primarily take place at the Hershel “Woody” Williams

VA Medical Center, located at 1540 Spring Valley Drive, Huntington, WV 25702.

Portions of the contract may be performed at these locations that are operated by the Huntington VA:

Prestonsburg, KY VA Clinic Facility: See Footnote above

5230 KY RT 321

Prestonsburg, KY 41653 Phone: 606-886-1970

Lenore, WV VA Clinic Facility:

2867 Route 65 Lenore, WV 25676 Phone: 304-475-3000

Charleston, WV Clinic Facility:

700 Technology Drive South Charleston, WV 25309 Phone: 304-746-5300

Gallipolis OH Clinic Facility:

323A Upper River Road Gallipolis, OH 45631 Phone: 740-446-3934

Huntington, WV Homeless Veterans Resource Center 624 9th Street Huntington, WV 25701 Phone: 304-529-9142

C.2 Period of Performance – The Contractor shall perform all services immediately upon contract award. The Contractor shall perform all work during normal business hours, (unless other times are stipulated by the Contracting Officer’s Representative (COR).

POP:

Base: 2/1/2024-1/31/25 Option Year 1: 2/1/2025-1/31/26 Option Year 2: 2/1/2026-1/31/27 Option Year 3: 2/1/2027-1/31/28 Option Year 4: 2/1/2028-1/31/29

The following holidays are observed by the Federal Government (as well as any other day that is declared a national Holiday per an Executive Order issued by the President):

New Year's Day Martin Luther King's Birthday (3rd Monday in January) Presidents Day (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Juneteenth (June 19) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day Christmas Day

Note: If the holiday falls on a Saturday, it is officially observed on the Friday before the holiday. If the holiday falls on a Sunday, it is officially observed on the Monday following the holiday.

Presidentially declared holidays as done through Executive Order, if not occurring annually, will not be considered holidays for this contract. (Ex: This occurred on December 5, 2018, for President George H.W. Bush’s funeral as a National Day of Mourning.)

C.3 Special Considerations –

C.3.1 Contractor Furnished Materials – All labor, materials, equipment and supervision to perform all aspects of the contract. When “furnish”, “provide”, “install”, or similar term is used it shall mean a complete installation, ready for use. The work will include all items as described in the Scope of Work listed above.

C.3.2 Government Furnished Materials and Services. Government furnished property, if any, will be identified and will only be used for the performance of this contract unless otherwise authorized by the Contracting Officer. The Contractor shall, at all times, take any and all steps necessary for maintenance and preservation of all Government-furnished property. The Contractor shall comply with all reasonable requests of the Contracting Officer to enclose, or specifically protect, Government-furnished property.

C.3.3 Qualifications of Key Personnel – The Vendor must be a manufacturer certified representative to service all of the equipment identified. Staff performing work must have an appropriate level of knowledge, training, and experience to develop the report outlined in the Statement of Work above. Vendor shall maintain this certification during the contract period. No substitutions shall be allowed.

C.3.4 Supervision/Communications. At all times during the performance, the

Contractor’s Superintendent (if applicable) shall be available by cellular phone. Prior to beginning any work, the Contractor shall supply the COR with the telephone number for the Superintendent. The Contractor’s “Competent Person” that meets OSHA training guidelines, is capable of making decisions and acting on behalf of the Contractor shall be physically located on site at all times during performance of the contract. If the Contractor’s Competent Person is absent from the job site for an extended period of time, the COR may send all Contractor/sub-contractor employees off the job.

C.3.5 Security Requirements: Contractor shall identify which employees will be working under the awarded contract. Contractor personnel shall include employees, sub-contractors, subcontractor employees, suppliers and delivery personnel entering the Medical Center. This does not apply to suppliers and delivery personnel making deliveries to the VA warehouse dock only. Hours of operations are 8am-4pm EST.

Those employees shall bring photo ID to obtain a VA Contractor identification badge that shall be worn above the belt at all times while on Medical Center property.

Contractor’s employees shall return all I.D. badges to designated personnel at time designated in the task order.

C.3.6 The Contracting Officer’s Representative (COR) is responsible for the inspection of the work called for in this job. The Contracting Officer’s Representative will be identified in the task order by name, telephone number and location. Inspections made by the COR are for the sole benefit of the Government and do not relieve the Contractor of any quality control responsibilities.

C.3.7 The Safety Manager is responsible for safety inspections of all contract operations. The Safety Manager will be identified in the task order by name, phone number and location.

C.3.8 Drawings – General. Contract drawings (if applicable) will indicate the extent and location of work. If any departure from the contract drawings are deemed necessary by the Contractor, the details of such departure and the reasons therefore shall be submitted to the Contracting Officer for approval as soon as practical. No such departure shall be made without proper written permission of the Contracting Officer.

The Contractor is responsible for all information and requirements in drawings and specifications that pertain to the task order.

C.3.9 Verification of Dimensions – The Contractor shall visit the job site to thoroughly familiarize himself with all the details of the work and working conditions. The Contractor shall also verify all dimensions in the field and shall advise the Contracting Officer of any discrepancy before performing any work. The Contractor shall be specifically responsible for the coordination and proper relation of his work to the building, structure, phasing and ensure the safety of employees and workmen.

C.3.10 Smoking Policy. The medical center is a smoke free campus. The Contractor shall not allow smoking on the property.

C.3.11 Parking/Traffic Regulations. The Contractor shall not park on grassy areas unless approved by the COR and the Contractor agrees to restore areas back to VA standards. Drivers should be particularly concerned with pedestrian traffic. Yield to pedestrians in crosswalks. Posted speed limits and all other traffic controls are to be observed by operators at all times. Seat belt use is mandatory on the VA grounds.

C.4 Contracting Officer Representative (COR):

The COR for this contract will be Devon Ransbottom. Scheduling will be done through her or the Engineering office.

Shut offs for any system for maintenance or repairs must be coordinated through Engineering service prior to the work being done.

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 60 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 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 https://veterans.certify.sba.gov/

CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract…