RFQ 36C26323Q0807.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

438-23-2-1115-0849

36C26323Q0807 06-30-2023

Angela Stewart 605-336-3230 x7804 07-07-2023 10:00am CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X

541350

$11.5 Million

N/A

X

Sioux Falls VA Health Care System

NETWORK 23 CONTRACTING OFFICE

VA Financial Services Center via the Tungsten network reference VAAR clause 852.232-72

See CONTINUATION Page

Fire Systems Inspections and Maintenance to support the Sioux Falls VA Health Care System

Period of Performance: 07/20/2023-05/31/2024 plus four one-year options

Contractors are responsible for the correct SCA Wage and Determination classification of workers and compliance with all wage and hour laws.

Quoters must have an active SAM registration at the time of submission of an offer and at the time of award.

This solicitation will result in one firm-fixed price contract.

See CONTINUATION Page

438-3630162-1115-853300-2549-0100501X3 438-23-2-1115-0849

X X

X one

Angela Stewart

VA-VHA-RPOC-2022-19642

36C26323Q0807

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 (SOW)

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

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)... 21

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 22

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

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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 Information Company Name and Address:

SAM Unique Entity ID Number:

Contact Person(s) Name:

Contact Person(s) Email:

Contact Person(s) Telephone:

b) Government Information

Angela Stewart Contracting Officer Department of Veterans Affairs Network Contracting Office 23 (NCO 23) 2501 W. 22nd Street Sioux Falls, South Dakota 57105

2. CONTRACT REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management, and VAAR 852.232-72, Electronic Submission of Payment Requests.

3. INVOICES: Invoices shall be submitted in arrears. Submission will be quarterly for the previous quarter of the period of performance and no later than 15 calendar days after the close of the period of performance being invoiced for. Invoices shall be based on the applicable fixed rates for services provided to VA as in accordance with the contract terms and conditions. The VA Technical Representative (VATR) will review all invoices submitted. Invoices shall by submitted for only those services received and deemed acceptable by VA.

4. GOVERNMENT INVOICE ADDRESS: All invoices shall be submitted by the contractor via the Tungsten Network (previously OB10) electronic invoicing system. Refer to the Tungsten Network website at http://www.tungsten-network.com/us/en/veterans-affairs-us/ for additional information for system registration, user guides, and help desk contacts.

http://www.tungsten-network.com/us/en/veterans-affairs-us/ http://www.tungsten-network.com/us/en/veterans-affairs-us/

5. ACKNOWLEDGEMENT OF AMENDMENTS: The offeror acknowledges receipt of

Amendments to the Solicitation numbered and dated as follows:

Amendment Date

6. Government Employee Ownership: The Contractor shall indicate if it is owned or controlled by a Government employee (check if applicable).

________ Yes, the offering firm is owned or controlled by a Government employee.

7. Security Requirements: The Contractor shall comply with all VA privacy and security requirements, including Handbook 6500.6. The VATR shall coordinate with the Contractor to ensure such requirements are met. This requirement is applicable to all subcontractor personnel requiring access.

8. Documenting Performance: The VA may document contract performance. Any report may become a part of the supporting documentation for any contractual action and preparing annual past performance using the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov. In the event the CO issues a Contract Deficiency Report (CDR), the Contractor shall acknowledge receipt of the CDR in writing within one (1) business day of receipt and provide a response with a corrective action plan to the CDR within one (1) week of receipt.

https://www.cpars.gov/

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

Annual Fire System Inspection Contract Period: Base POP Begin: 07-20-2023 POP End: 05-31-2024 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Inspect and catalogue all fire/smoke dampers Contract Period: Base POP Begin: 07-20-2023 POP End: 05-31-2024 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Contract Period: Option 1 POP Begin: 06-01-2024 POP End: 05-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Contract Period: Option 1 POP Begin: 06-01-2024 POP End: 05-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Contract Period: Option 2 POP Begin: 06-01-2025

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

POP End: 05-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Contract Period: Option 2 POP Begin: 06-01-2025 POP End: 05-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Contract Period: Option 3 POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Contract Period: Option 3 POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Contract Period: Option 4 POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contract Period: Option 4 POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, GRAND TOTAL __________________

B.3 STATEMENT OF WORK (SOW)

Annual Fire System and Maintenance Inspection Service Contract

I. Title: Fire Systems Inspections and Maintenance to support the Sioux Falls VA Health Care System

II. Definitions or Acronyms:

a. CO – Contracting Officer

b. FAR – Federal Acquisition Regulation

c. VA – Department of Veterans Affairs

d. VAHCS – Sioux Falls VA Health Care System

e. VATR – VA Technical Representative

III. Place of Performance: Sioux Falls VA Health Care System, 2501 W. 22nd Street, Sioux

Falls, SD

IV. Period of Performance: This will be a single award firm-fixed price procurement and shall include a base period and four one-year option periods to be exercised at the VA’s discretion.

Base Period: 07/20/2023 to 5/31/2024 Option 1: 6/1/2024 to 5/31/2025 Option 2: 6/1/2025 to 5/31/2026 Option 3: 6/1/2026 to 5/31/2027 Option 4: 6/4/2027 to 5/31/2028

V. Qualif ications:

a. The Contractor shall ensure all persons providing services hereunder are qualif ied, including meeting applicable National Fire Protection Association (NFPA) requirements.

b. The Contractor shall provide to the VATR documentation of each technician’s qualif ications prior to such technician performing services under this contract.

c. Failure to submit any of the required information, statements, or certifications may result in rejection of the quote without further consideration for award.

VI. SCOPE OF WORK:

1.1 The Contractor shall provide all materials, labor, equipment, and all other resources required to perform the work indicated in the General Requirements section below, for building numbers: 1, 5, 7, 8, 9, 11, T15, 16, 17, 18, 28, 38, 52, and 53 located on the campus at 2501 W. 22nd Street, Sioux Falls, SD. Approximately 526,00 square feet are fully sprinkled.

1.2 The new Hospice Cottage building is currently under construction. The building is expected to be placed into active service during option period 1. All f ire systems of this new building must be tested in accordance with the terms of this Scope of Work beginning in option period 1. A drawing of the fire systems for this building are included as Attachment A.

1.3 Below is a listing of the approximate numbers of devices. However, due to ongoing construction projects on the SFVAHCS campus, this list may not be all inclusive and more devices may be located by the Contractor. No blueprints are available for most of the fire alarm suppression systems.

Alarm Initiating Devices Estimated Quantity

Heat Detectors 53

Smoke Detectors 501

Duct Smoke Detectors 169

Manual Pull Stations 163

CPUs 5

Water Devices Estimated Quantity

City Water Connections (Valves) 11

Dry Systems 6

Valves Various Types and Sizes 142

Fire Pumps 1

Stand Pipes 15

Flow Switches 80

Tamper Switches 104

2.0 PERFORMANCE PERIOD

2.1 The annual inspection will generally be completed in the month of September of each year. The Contractor will coordinate the inspection dates with the VA Technical Representative (VATR) at the SFVAHCS.

2.2 Work shall take place between the hours of 8:00 AM and 4:30 PM, Monday through Friday, excluding federal holidays. All work shall be scheduled at a time approved by the

VATR.

3.0 GENERAL REQUIREMENTS

3.1 Fire/Smoke Damper Location and Mapping

3.1.1 Contractor will verify and map the locations of all Fire/Smoke dampers in all buildings covered by this contract

3.1.2 The current listing of known fire dampers is included as Attachment B. The files are provided for reference only. The CAD files are known to have errors and omissions. It is the Contractor’s responsibility to correct all errors and omissions

3.1.2.1 Contractor will update the current Fire/Smoke damper list provided by the VA to include all f ire/smoke dampers. All additions or changes to the list will follow the current naming/identification format and is subject to approval of the VA.

3.1.3 The final report/listings will be communicated to the VA in both Word and PDF format as well as CAD drawings where appropriate for mapping. The final documents will be completed and turned over to the VA no later May 31, 2024.

3.2 Updated device listing database

3.2.1 The Contractor will create a spreadsheet to include all devices included in the scope of this contract. The database will be kept electronically in a format that is accessible to the VA.

3.2.1.1 The current device list and naming formats are included as Attachment C.

The list is provided as reference. It the Contractor’s responsibility to maintain and update the list as required.

3.2.1.2 The final database listing must be complete and turned over to the VA no later than 8/1/2023.

3.3 Fire/Smoke Damper Test/Inspections

3.3.1 The Contractor shall test and inspect all smoke and fire dampers, and their system components being initiated by the device tested; this shall include but not be limited to door release mechanisms (approximately 80), duct dampers (approximately 200) and bypass dampers. The document shall identify all components and whether each functioned as designed. Testing will be completed every 6 years, in accordance with NFPA 80/Standard for Fire Doors and Other Opening Protectives, and NFPA 105/Standard for Smoke Door Assemblies and Other Opening Protectives.

3.3.2 The Contractor shall provide all testing/inspections of fire/smoke dampers In option period 2. The specific date(s) for this assessment will be coordinated by the Contractor and VATR.

3.3.3 The inspection, all required documentation, recommendations, and reports must be completed and turned over to the VA no later than 11/1/2025.

3.3.4 All inspections, testing, and repairs will be done in accordance with all applicable regulations including, but not limited to the NFPA, Joint Commission, and Veterans Health Administration (VHA) Standards.

3.4 The Contractor shall conduct an Internal Condition Assessment of Sprinkler Piping every 5 years

3.4.1 The Internal Condition Assessment will be conducted in option period 3. The specific date(s) for this assessment will be coordinated by the Contractor and

VATR.

3.4.2 The internal condition assessment of the sprinkler system will be performed in accordance with NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems.

3.4.3 The preferred method by the SFVAHCS for the internal condition assessment of the sprinkler system will be to use ultrasound, or ultrasonic technology.

3.5 Annual inspection work includes but is not limited to the following:

3.5.1 All testing will be completed to ensure compliance with all applicable Joint

Commission and VHA standards.

3.5.2 The Contractor shall inspect and test the facility systems in accordance with the latest published National Fire Protection Association (NFPA) code requirements, Joint Commission LS 02.01.34. The Contractor shall perform all annual inspection requirements plus any other periodic inspections required in accordance with NFPA.

3.5.3 The Contractor will test all duct smoke detectors, electromechanical releasing devices, heat detectors, manual fire alarm boxes, and smoke detectors.

(EC.02.03.05 EP3)

3.5.4 The Contractor will test visual and audible fire alarms, including speakers.

(EC.02.03.05 EP4)

3.5.5 The Contractor will test main drains at system low point or at all system risers.

(EC.02.03.05 EP9)

3.5.6 The Contractor will test all f ire pumps under flow. (EC.02.03.05 EP11)

3.5.7 The Contractor will conduct water-flow tests for all standpipe systems every 5 years (EC.02.03.05 EP12)

3.5.8 The Contractor will test carbon dioxide and other gaseous automatic fire extinguishing systems. (EC.02.03.05 EP15)

3.5.9 The Contractor will test all automatic smoke-detection shutdown devices for air-handling equipment. (EC.02.03.05 EP19)

3.5.10 The Contractor will test all sliding and rolling fire doors for proper operation and full closure. (EC.02.03.05 EP20) The Contractor is also responsible for resetting all tested doors back to normal position. Note: Doors are in the warehouse (building 5) and door interlock controls for the Pharmacy (building 5), roll window (Building 5), and Inpatient Mental Health (Building 1).

3.5.11 Inspect/clean all sprinkler heads in Buildings 1, 5, 7, 8, 9, T15, 28, 38, and 52, and 53. Verify that they are free of corrosion, foreign materials, paint, and physical damage.

3.5.12 Any damage to the fire alarm or associated equipment (fans, elevators, generators, pumps, etc.) caused by the Contractor will be repaired by the Contractor at no additional cost to the Government.

3.5.13 The Contractor shall immediately notify the VATR of any safety hazard that might severely affect building occupants or facilities.

3.5.14 The VATR may elect to be present to witness any or all testing.

3.5.15 The Contractor shall coordinate with the VATR daily before proceeding with testing.

3.5.16 Daily out briefings shall be scheduled through the VATR, and the Contractor will provide a written report of any findings discovered during that day’s inspection.

3.5.17 The VATR shall be contacted prior to any area being determined to be inaccessible.

3.5.18 Upon completion of the annual f ire system inspection, a paper copy of the final report along with an electronic master copy of the inspection results shall be received by the VATR within 15 working days of completion of the work. All deficiencies noted must include the specific NFPA code reference. All recommendations, comments and notes must be clearly separated from deficiencies.

3.6 The Contractor will provide written documentation in the final report showing the Joint Commission (Environment of Care [EOC] and Life Safety) and VHA Standard reference.

The report shall be provided in the following manner:

3.6.1 An overall report of all EOC sections provided together in both Word and PDF format

3.6.2 Individual reports for each EOC section in both Word and PDF format. Each section should be a complete report of that section’s activities. The intent of the individual reports is to allow efficient documentation tracking.

3.7 The Contractor’s report will provide the following:

3.7.1 At a minimum, the report will include documentation of maintenance, testing, and inspection activities for f ire alarm and water-based fire protection systems. Also, the name of activity, date of activity, required frequency of the activity, contact information, NFPA Standard referenced, and results of the activity.

3.7.2 Test all manual stations, product of combustion detectors and spot check a minimum of 50% of the thermals.

3.7.3 Clean all smoke, detectors and duct smoke dampers and provide/document current sensitivity of each device.

3.7.4 Test all signals, including horns, bells, chimes, lights, strobes, speakers, and fire phones. Test all smoke detectors for sensitivity. Documentation for each sensor shall be included in the final report.

3.7.5 Test zone annunciation and remote annunciation.

3.7.6 Test zone coding and pre-signals.

3.7.7 Test local and remote trouble signals.

3.7.8 Test city connections, fan shutdown, elevator recall functions, and auxiliary functions to include any dampers activated by the device tested. The Air Handling Unit (AHU) shutdown data shall include the AHU number, room number, detector number, and indicate whether the detector tripped, and whether the AHU shutdown.

3.7.9 Test sprinkler flow indication and tamper indication.

3.7.10 Test batteries for proper voltage and charge current. Test at full load for 60% of the full duration of its class.

3.7.11 Test fire panels, including Light Emitting Diodes (LEDs) and fuses. Verify that all batteries meet the 90-minute mandated time frame.

3.7.12 Fire alarm test report, including system condition, deficiencies, problems, and recommendations.

4.0 Contractor and/or Technicians must be overseen by a qualif ied individual. The qualif ied individual must meet all requirements applicable Federal, State, and Local regulations. Any certif ications, licensure, or credentials establishing the qualifications will be provided to the

VA.

5.0 The Contractor and all sub-contractors shall attend a pre-work meeting, if requested by the

VATR.

6.0 Attachments A, B, and C referenced in B.3 Statement of Work (SOW) are incorporated by reference.

6.1 Attachment A: Hospice Cottage Drawing

6.2 Attachment B: Fire Damper Master List

6.3 Attachment C: Device List

VII. Repairs:

a. If additional repairs are required to make the equipment operational, Contractor shall provide the nature of the repair and a budgetary cost estimate for such repairs in writing. Contractor shall also provide a comparison quote to the VA for what any repairs or replacement parts would have cost for commercial pricing so the Government has a basis for making a price fair and reasonableness determination.

In the alternative, the Contractor shall provide a copy of an awarded contract with a federal agency for the same or similar repairs. If the cost for repairs exceeds the amount in the applicable line item in the Price/Cost Schedule, the Contracting Officer may issue a bilateral contract modification to increase funding for authorized repairs after a determination of price fair and reasonableness.

b. Any additional charges claimed must be approved by the Contracting Officer before service commences. Any additional work performed by the Contractor without the prior written approval of the CO will be performed by the Contractor at no additional cost to the Government.

c. The Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Parts may be repaired or replaced, as the Contractor deems appropriate, so long as amount listed in line items cited in Price/Cost Schedule are not exceeded. No used parts will be used to repair this equipment.

VIII. Gray Market Prevention:

Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a services contract for maintenance of equipment for VA Health Care Systems. No remanufactures or gray market items will be acceptable.

The delivery of gray market items to the VA in the fulf illment of an order/award/contract constitutes a breach of contract. Accordingly, VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at VA’s election, allowing the Contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA Health Care System upon discovery of such items.

IX. General Requirements:

a. The Contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property.

b. The Contractor shall not store equipment or materials on the VA facility property. Any damage to VA caused by the Contractor shall be repaired to its previous condition, or better, by the contractor at no additional cost to the Government.

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

d. Contractor and their personnel shall follow all U.S. Department of Veterans Affairs (VA) policies, standard operating procedures, applicable laws, and applicable regulations while on VA property, including access regarding COVID. Violations of this may result in citation and disciplinary measures for persons violating the law.

e. Contractor and their personnel shall wear visible identif ication at all times while they are on premises.

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

g. Possession of weapons is prohibited.

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

i. All parts and services provided by the Contractor shall be warrantied for one (1) year from the date installed or service provided.

X. Security Requirements: All Contractor personnel shall obtain a flash badge when entering VA property. Contractor shall comply with privacy and security training requirements, including TMS 20939.

a. Background investigations and special agreement checks: All contractor personnel are subject to the same level of investigation as VA employees who have access to VA Sensitive Information.

b. This requirement is applicable to all subcontractor personnel requiring the same access.

The Contractor shall comply with all VA security requirements. The VATR shall coordinate with Contractor to ensure such requirements are met.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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, f ires, f loods, 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 Identif ication 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 notif ied 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 f inancing or invoice payment or that the Government has otherwise overpaid on a contract f inancing 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. 4701 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 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 certif ications, 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 calendar days of contract expiration.

(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 calendar days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.227-14 RIGHTS IN DATA—GENERAL MAY 2014

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS

(DEVIATION)

JAN 2023

852.215-71 EVALUATION FACTOR COMMITMENTS OCT 2019

(End of Addendum to 52.212-4)

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American…