S02-36C24522Q0645-Vertical Transport System (Elevators) Inspection-DC 7-14-22.pdf

PDF 900 KB Posted Jul 14, 2022

Attached to: H259--VERTICAL TRANSPORT SYSTEMS (ELEVATORS) INSPECTIONS WASHINGTON, DC VAMC TIERED EVALUATIONS Federal contract opportunity
Solicitation number: 36C24522Q0645
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 5

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Other files attached to H259--VERTICAL TRANSPORT SYSTEMS (ELEVATORS) INSPECTIONS WASHINGTON, DC VAMC TIERED EVALUATIONS, newest first.
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Copy of Elevator Schedule-Reflecting Inspections 02.xlsx	XLSX spreadsheet	Jul 14, 2022
36C24522Q0645_1.docx	DOCX document	Jul 14, 2022

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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

688-22-3-478-0086

36C24522Q0645

Trever Turcotte Trever.Turcotte@va.gov 07-21-2022 10:00 am EDT

90C Department of Veterans Affairs Washington DC VAMC

50 Irving St NW Washington DC 20422

X 100

561210

$41.5 Million

N/A

90C

Department of Veterans Affairs Washington DC VAMC

50 Irving St NW Washington DC 20422

90C

Department of Veterans Affairs Washington DC VAMC

50 Irving St NW Washington DC 20422

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

Washington, DC Veterans Administration Medical Center (VAMC) Annual and Semi-Annual QEI Elevator Inspection This solicitation is a Tiered Evaluation.

This RFQ is for a single site Firm Fixed Price Contract with a Base year, plus four one-year options.

Period of Performance:

Base Year: July 28th, 2022, to July 27th, 2023 Option Year 1: July 28th, 2023, to July 27th, 2024 Option Year 2: July 28th, 2024, to July 27th, 2025 Option Year 3: July 28th, 2025, to July 27th, 2026 Option Year 4: July 28th, 2026, to July 27th, 2027

This Contract is to provide The Government with the required QEI Certified personnel necessary to perform Annual and Semi -Annual Inspections. Please provide Certification with quote Questions due July 19th, 2022, at 9:00 am via email to Trever.Turcotte@va.gov Quotes due July 21st, 2022, at 10:00 am

See CONTINUATION Page

X X

X 1

Crystal Brown

NCO515L1-65674

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 2021)

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) ...26

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.6 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.7 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2022) (JUL 2020) (DEVIATION)

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 (NOV 2021)

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.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (JUL 2020)

(DEVIATION)

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 Crystal.Brown5@va.gov Department of Veterans Affairs Washington DC VAMC

50 Irving St NW Washington DC 20422

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

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

Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly in arrears

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

8.00 EA __________________ __________________

Traction Elevators CATEGORY 1 Annual Inspection Contract Period: Base POP Begin: 07-28-2022 POP End: 07-27-2023 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: H259 - Equipment and Materials Testing - Electrical and Electronic Equipment Components

12.00 EA __________________ __________________

Traction Elevator Inspection. Semi Annual Contract Period: Base POP Begin: 07-28-2022 POP End: 07-27-2023 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

7.00 EA __________________ __________________

Hydraulic Elevators CATEGORY 1- Annual Inspection Contract Period: Base POP Begin: 07-28-2022 POP End: 07-27-2023 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

7.00 EA __________________ __________________

Hydraulic Elevator Inspection. Semi Annual Contract Period: Base POP Begin: 07-28-2022 POP End: 07-27-2023 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

1.00 EA __________________ __________________

ADA Lift CATEGORY 1- Annual Inspection Contract Period: Base POP Begin: 07-28-2022

POP End: 07-27-2023 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

ADA LIFT. Semi Annual Contract Period: Base POP Begin: 07-28-2022 POP End: 07-27-2023 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

0.00 EA __________________ __________________

Dumbwaiter CATEGORY 1- Annual Inspection Contract Period: Base POP Begin: 07-28-2022 POP End: 07-27-2023 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Dumbwaiter Semi Annual Contract Period: Base POP Begin: 07-28-2022 POP End: 07-27-2023 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Traction Elevators CATEGORY 5 Contract Period: Base POP Begin: 07-28-2022 POP End: 07-27-2023 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: H259 - Equipment and Materials Testing - Electrical and Electronic Equipment Components On Years a CAT 5 inspection is due, the CAT 5 replaces the CAT 1 (Annual inspection)

4.00 EA __________________ __________________

Traction Elevator (After repair Inspection) Contract Period: Base POP Begin: 07-28-2022 POP End: 07-27-2023 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: H259 - Equipment and Materials Testing - Electrical and Electronic Equipment Components Currently, there are four (4) elevators under repair and will require an inspection to resume operation.

Contract Period: Option 1 POP Begin: 07-28-2023 POP End: 07-27-2024 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

9.00 EA __________________ __________________

Contract Period: Option 1 POP Begin: 07-28-2023 POP End: 07-27-2024 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Contract Period: Option 2 POP Begin: 07-28-2024 POP End: 07-27-2025 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Contract Period: Option 3 POP Begin: 07-28-2025 POP End: 07-27-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Contract Period: Option 4 POP Begin: 07-28-2026 POP End: 07-27-2027 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

Statement of Work

Vertical Transport Systems (Elevators, Lifts) Inspection Services

General Scope: The Contractor shall provide QEI (Qualified Elevator Inspector) certified inspectors and furnish reports to the Facilities Management Service Division of the Washington, DC Medical Center (VAMC). The contractor shall furnish and install all labor; tools and materials necessary to make semi-annual maintenance inspections and witness annual and Semi-Annual safety tests of elevators, dumbwaiters, and cart lifts at both Department of Veterans Affairs Medical Center Washington, DC and Fisher House (Washington DC Campus) in accordance with the terms, conditions, provisions, specifications, and schedules of this proposal as follows:

Requirements: These specifications cover the semi-annual maintenance of elevators and dumbwaiters and cart lifts and annual tasks of governor and safety devices on said elevators and dumbwaiters and cart lifts during the months specified below. The "American Standard Practice for the Inspection of Elevators, Inspectors' Manual" Al 7.2-1987 (or latest edition) applicable to the installed systems, and the American National Standard Safety Code for elevators, dumbwaiters, escalators and moving walks - ANSI, A 17.1987 (or latest edition) applicable to the installed systems, will be used by the inspectors as a guide in making inspections and recommendations.

Inspections:

The inspections shall be thorough and cover all items as specified in "Report of Inspection of Elevators," VA Form 10-6166, which is attached hereto and made a part hereof, as well as any other parts and assemblies not listed thereunder in order to make a proper inspection. VA Medical Center to furnish all VA Forms: Parts shall be removed where necessary to determine the exact condition of parts which could not otherwise be determined, and the equipment shall be cleaned where necessary to make the proper inspection.

The inspection shall include witnessing a no-load test of the attached list of vertical transport units. These elevators will be tested with no load and the test time will be fifteen (15) minutes. This test will conform to ANSI A 17.1.

Pressure tests shall be performed on all seven (6) hydraulic elevators in accordance with ANSI Al 7.1. The pressure test is to be done as part of the annual inspection.

The inspections shall include a thorough examination of the traction elevators, dumbwaiters and cart lifts identified in the schedule of elevators in the specifications.

The contractor shall be responsible for any property damage resulting from his negligence in accordance with ASME A 17.1 (latest edition)

Cable elevators shall be inspected at six (6) months, one year, and five-year intervals and shall be inspected at the time the inspections are due according to the schedule provided by the Contracting Officer.

Hydraulic elevators shall be inspected at six (6) months, one year, three year, and five-year intervals and shall be inspected at the time the inspections are due according to the schedule provided by the Contracting Officer.

Category 1 and Category 5 inspections shall be performed as required and defined by ASME A17.1 (latest edition). The Category 5 inspection is required every 5 years—the contractor shall ensure that the inspection is completing prior to the expiring date of the previous inspection.

Annual Testing: Safeties shall be subjected to an annual running test as directed in the Safety Test Instructions on VA Form 10-6167 "Report of Test of Elevator Governor and Safety Devices" which is attached hereto and made a part hereof.

Reports: The Contractor shall complete and return three (3) neatly typed copies of VA forms 10-6166 and 10-6167 which are defined above, upon completion of the inspection. For all items on such forms that are not applicable, the notation "NA" (not applicable) shall be made. Under Remarks and Recommendations of such forms, the Contractor shall clearly indicate any adjustments, repairs, or replacements necessary to correct troubles encountered, shall definitively justify such recommendations, and shall furnish specifications sufficient to enable the Department of Veterans Affairs to purchase the material required for such purposes. Also, under this section of the form, the Contractor shall advise whether the elevator parts have been kept clean and lubricated where necessary. Such forms shall be completed in triplicate, all copies signed and left with the Facilities Management Electrical/Electro-mechanical Supervisor, VA Medical Center Washington DC.

Signatures: Authorization of work task shall be completed by a signature by Contracting Officer’s Technical Representative. If he/she is unavailable a signed, authorized, copy of the Engineering Service Report will be sent to the Contracting

Officer after the work can be reviewed, if requested by the Field Service Engineer and noted on the Engineering Service Report.

Qualifications of Offerors: Offeror shall be able to show evidence of his reliability, ability, and experience by furnishing:

1. A list of personnel who will perform under the contract showing the length and type of experience of such personnel and, the names and addresses of other concerns and/or Government agencies for which prior comparable services were rendered by the bidder. This list shall include the name of a contact point as well as phone and fax numbers. Generally, the offeror shall have had approximately five (5) years successful experience in fully inspecting elevators and dumbwaiters.

2. Ability to meet the foregoing experience requirements and the adequacy of the information submitted will be considered by the Contracting Officer in determining the responsibility of the offeror. Subcontracting of any ensuing award of this solicitation will NOT be allowed without the expressed permission, in writing of the Contracting Officer.

COMPETENCY OF PERSONNEL SERVICING EQUIPMENT:

The Contractor shall have fully qualified Field Service Inspections performing all vertical transport systems inspections on the equipment under contract. Within a ten-day period after the award of the contract, the Contractor shall submit a copy of licenses and certifications that will permit them to inspect each make and model of equipment on the equipment schedule. The list for each Field Service Engineer performing work at this VAMC will include: their name, geographic location, length, and type of experience maintaining medical equipment (specific to make and model of equipment), and their formal training (specific to the make and model of equipment).

Each respondent must have an established business, with an office and full-time staff.

Generally, the Contractor shall have two years of successful experience in fully maintaining the full schedule of equipment for this contract. This staff includes one “fully qualified” Field Inspector who shall serve as the primary technician and backup for the servicing of the items listed on the schedule of equipment at this VAMC.

“Fully Qualified” is based upon training and on experience in the field. For training, the Field Service Engineer(s) has successfully completed a formalized training program, for the equipment identified in the scheduled of equipment. For field experience, the Field Service Engineer(s) shall have a minimum of five years of experience (except for equipment on the market less than two (2) years) performing preventive maintenance and equipment repairs on the equipment.

The Field Service Inspector shall be authorized by the Contractor to perform the inspection services. All work shall be performed by “fully qualified” individuals. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved Field Service Engineers for each make and model the Contractor services at the VAMC, as detailed in Section C.15. The Contracting Officer may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any VAMC equipment. The Contracting Officer and COR specifically reserve the right to reject any of the Contractor’s personnel and refuse them permission to work on the VAMC equipment.

If subcontractor(s) are used, they must be approved by the Contracting Officer; the Contractor shall submit any proposed change in subcontractor(s) to the Contracting Officer for approval or disapproval.

INSPECTION OF PREMISES: Offerors should inspect the premises prior to submitting offers to be fully aware of the scope of service required. Failure to do so will not relieve the successful offeror from performing in accordance with the strict intent and meaning of the specifications without additional cost to the Government.

Prospective offerors should call both Medical Center Facilities Management Services, & 202-745-8000-58497 (Washington, DC) to arrange an appointment to inspect the premises

HOURS OF WORK: Work required in the performance of the contract shall be performed during hospital's regular administrative working hours of 8:00 a.m. through 4:30 p.m., Monday through Friday, excluding National/Federal holidays. Federal holiday are any calendar days designated by statute or executive order as federal holidays.

Federal holidays consist of New Year's Day, Martin Luther King Jr's Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas.

SCHEDULING: Contact Scott Lockamy, Facilities Management Service - Washington, DC, 202/745-8000 ext. 58497 three (3) days before each inspection. Upon visiting the facility for inspection purposes, the Contractor shall report to the Contracting Officer or his/her designee.

The Chief Engineer or his/her designee at the hospital will accompany the Contractor as an observer during the entire time of each inspection. Upon completion of the inspection, the Contractor shall again report to the Contracting Officer or his/her designee.

SAFETY REQUIREMENTS: In the performance of this contract the Contractor shall take such safety precautions as the Contracting Officer or his/her designee may determine to be reasonably necessary to protect the lives and health of occupants of the building The Contracting Officer or his/her designee will notify the contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall after receipt of such notice immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order, stopping all or any part of the work, and hold the Contractor in default in accordance with the Default Clause of this contract.

The Certification and Accreditation requirements does not apply to this contract. No security Accreditation Package is required—no contractor owned equipment shall require connection to a VA trusted network.

GENERAL CONDITIONS AND DEFINITIONS:

VA: Veterans Affairs.

COR: Contracting Officers Technical Representative. VA employee of VAMC Facilities and Engineering Service officially assigned to act as a Project Manager and Inspector on behalf of VAMC and the Contracting Officer. COR shall be “First Point of Contact” on all matters concerning contract work for subject Project.

NFPA-NFC: National Fire Protection Association – National Fire Codes.

NEC: National Electrical Code, NFPA – NFC Standard 70

PROVIDE: Whenever used throughout the Scope of Work, term “Provide” is to be understood to mean – Purchase newly manufactured; Furnish delivered to VAMC work site in protective containers; Secure from tampering or theft; and install in accordance with Contract Scope of Work, Drawings, Specifications and Manufacturer’s Instructions all required items of administrative submittals, labor, demolition, construction, equipment items, and installation works for entirety of Contract.

ANSI: American National Standards Institute

ASME/ANSI A17.1 Safety Code for Elevators and Escalators, ADDITIONAL INFORMATION: Parking for contractors will be permitted on the VAMC/DC facility in assigned areas. Violators will be towed at Contractor’s expense.

This agreement will a multi-year contract with option years for renewal COR will be Scott Lockamy Electrical Supervisor

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(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.

(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;

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any 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 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[X] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside.

[X] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran- Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.6 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11.

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File details come from the government source that posted it. Updated Jul 14, 2022.