S02 - 36C24725Q0096 - Elevator inspection services.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

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

679-25-2-5056-0006

36C24725Q0096

6. SOLICITATION ISSUE DATE

10-21-2024

Michael Barton, Michael.barton@va.gov 404-321-6111 x 565517 10-25-2024

11:00 AM EDT

508A

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION

Network Contracting Office (NCO) 7 2957 CLAIRMONT ROAD NE, Suite 1200 Atlanta GA 30329

X 100

X

541350

$11.5 Million

N/A

X

Tuscaloosa VA Medical Center 3701 Loop Rd E Tuscaloosa, AL 35404

508A

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION

Network Contracting Office (NCO) 7 2957 CLAIRMONT ROAD NE, Suite 1200 Atlanta GA 30329

508A

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-0071

See CONTINUATION Page

Contractor shall furnish all equipment, supervision, tools, travel, labor, and supplies to provide elevator inspection services at the Tuscaloosa VA Medical Center.

1.Effective immediately, this requirement, previously solicited under 36C24724Q1036, will hereby be solicited under 36C24725Q0096.

2.There are no other changes to this requirement as a result of this modification.

3.Contract Specialist: Michael Barton, Michael.barton@va.gov

See CONTINUATION Page

X X

Natasha Mixon Contracting Officer, NCO 7

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 20

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

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

(DEVIATION)

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 26

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

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

WAGE DETERMINATION…………………………………………………………………….36

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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 36C247

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION

Network Contracting Office (NCO) 7

2957 CLAIRMONT ROAD NE, Suite 1200

Atlanta GA 30329

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] After government receipt of services

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.

B.2 Statement of Work Elevator Inspection Services

Tuscaloosa Veteran’s Affairs, Medical Center (TVAMC)

Scope of Work:

Contractor shall furnish all equipment, supervision, tools, travel, labor, and supplies to provide elevator inspection services twice a year, scheduled within the months of January and July, located at the Tuscaloosa VA Medical Center, 3701 Loop Road East, Tuscaloosa, AL 35404.

• In accordance with ASME A17.1, ASME A17.2, and ASME A17.3, the contractor shall provide a copy of their QE-1 certification with the RFQ.

• Vendor shall schedule/coordinate inspection/testing of listed units with COR and Service Company two weeks prior to inspection/testing procedures.

Objective:

Contractor shall conduct five-year load tests when applicable, semi-annual inspections and annual safety test of elevators and dumbwaiters listed in accordance with all the terms, conditions, provisions, specifications, and schedules listed herein.

These specifications cover the semi-annual inspections of elevators and dumbwaiters, the annual tests of governor and safety devices, on said elevators and dumbwaiters during the period of January 1st through December 31st for the base year period and all renewal option periods. Inspections and documentation shall be in accordance with American Society of Mechanical Engineers A17.1, A17.2, A17.3, A17.4 most recent edition and addenda standard.

Performance Period:

The government requires a 12- month contract from the contract Award date, estimated beginning January 1, 2025, thru December 31, 2025, for the base year including the renewal of four option years. Ending December 31, 2029.

Type of Contract: Firm-Fixed Price

Technical:

1. Semi-annual inspections:

For the Base year the inspection shall begin in the month of February and August; and 4 option years will be twice a year in February and August. The inspections shall cover all items as specified in "Report of Test of Elevator Governor and Safety Device", VA Form 10-6167 (see Attachment) upon completion of the inspection. Inspection should cover any other parts and assemblies not listed hereunder in order to make a proper inspection. Parts shall be removed where necessary to determine their exact condition, which could not otherwise be determined, and the equipment shall be cleaned where necessary to make the proper inspection.

Furnishing and Installing Minor Parts: Parts removed as required in paragraph 3 of this specification and thus damaged by removal will be replaced by inspector at no cost. These parts include minor items costing less than $10.00 (exclusive of installation charge) such as retaining clips, insulators, wire connectors, fuse of fuse links, nylon wire ties, seals, (lead, plastic or aluminum), etc.

The inspection company is required to furnish the tools and labor to perform the semi-annual no-load tests. The elevator maintenance contractor will not be performing any services during the semi-annual inspection.

2. Pursuant to ASME A17.1, ASME A17.2, ASME A17.3:

The Contractor must provide proof of QE-1 certification. A copy of this certificate must be provided with bid.

3. Annual safety test:

a. An annual safety test will be performed on elevators/dumbwaiters. Safeties shall be subjected to an annual running test as indicated in the Safety Test Instructions on VA Form 10-6167, "Report of Test of Elevator Governor and Safety Devices".

b. The slowest operating speed, at no load test required for annual test as indicated in the Safety test instructions on VA Form 10-6167, “Report of Test of Elevator Governor and Safety Devices”.

c. The elevator maintenance company is required to furnish the tools and labor to perform the annual no- load tests. The inspection contractor will witness and certify the inspection.

d. Phase I Lobby Key Switch and Phase II Service check should be accomplished during the annual safety check.

4. Inspections are to be made in accordance with the Safety Code for Elevators, ASME A17.1 latest edition. Elevators are to be run at slow speed.

5. FIVE YEAR SAFETY TEST:

A five-year safety test will be performed on elevators and dumbwaiters listed when applicable. Safeties shall be subjected to the ASME testing standards for car and counterweights, governors and oil buffers as indicated in the Safety Test Instructions on VA Form 10-6167, “Report of Test of Elevator Governor and Safety Device” which is included in this contract. All work is to be performed in accordance with 5-year inspection test requirements, ASME A17.1 latest edition.

NOTE: During the performance of the five (5) year test requirements, adjacent elevators shall be removed from service in the interest of safety in accordance with ASME A17.2.1.

a. Test leveling zone and leveling speeds with contract load.

b. Test the door pressure and kinetic energy.

c. Test governors pull through tension.

d. Record the following: capacity, speed empty up and down, speed loaded up and down, safety jaw tripping speed, over-speed governor tripping speed, safety slide on the rails, governor pull through, governor plate speed, car level after test, buffer return time, complete firefighters service check as applicable, and safety rope pull out as applicable.

e. Perform all inspections and tests in strict accordance with ANSI/ASME A17.1 plus A17.2.

f. List code violations observed during tests.

g. A five-year load test is required based on DIV II - 210.2. Next due date is February 2028.

1. Testing requires 50 lb test weights. No fifty-five-gallon drums filled with water or 1000 lb weights will be accepted for use on load tests.

2. The elevator maintenance company is required to furnish weights, tools, and labor to perform the five-year full load test. The elevator inspection contractor will witness and certify the inspection.

6. Reports:

The contractor shall complete VA Form 10-6167, “Report of Test of Elevator Governor and Safety Device” upon completion of the inspection. For all items on such forms which are not applicable, the notation "NA" (not applicable) shall be made. On the reverse side 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 VA to purchase the materials required for such purposes (and cost estimate if available). Also, on the reverse side of the forms, the contractor shall advise whether the elevator parts have been kept clean and lubricated where necessary.

a. Reports will be prepared and submitted in original and two (2) copies, not later than 15 working days following the inspection to the VA Medical Center which was inspected - Attention: Engineering Service (138), COR as noted at time of award.

b. In order to become fully aware of the scope of work, offerors should thoroughly review the specifications prior to submitting their bid. Failure to understand the contract requirements shall not relieve the successful bidder from performing in accordance with the strict meaning and intent of the specifications.

7. SAFETY REQUIREMENTS:

In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer, or his designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contracting Officer or his 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 representative at the site of work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contacting 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 in this contract.

8. Schedule of Inspections and Work Hours:

a. Semi-annual inspections and annual safety test will be made during the months indicated on the list of elevators/dumbwaiters for the Tuscaloosa VA Medical Center.

b. Work required in the performance of this contract shall be performed during the VA Medical Center's regular administrative working hours, which are 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The contractor shall notify the COR or designee, at least 2 weeks in advance to coordinate the time and date of the inspection. The COR shall accompany the contractor as an observer during the entire time of each inspection.

c. Upon arrival to perform inspection all service contract personnel must check in and out before providing services. Location for checking in and out during normal business hours will be indicated at time of award. Service tickets must be signed and dated, indicating work complete or incomplete.

9. QUALIFICATIONS OF INSPECTORS.

The inspectors shall meet the qualification requirements of ASME QEI-1. Inspectors shall be certified by an organization accredited by ASME in accordance with the requirements of ASME QEI-1. The inspector certification must be current, and proof of certification must be submitted with the contractors bid. Certification must be kept current during the term of the project. When any updates to the certification are completed, a copy must be provided to the CO and COR within 10 calendar days of the update certification.

10. Tuscaloosa VA Medical Center Security and Privacy:

a. All contractors/vendors must report to Bldg. 5 2nd floors to be checked in and badged before entering the Facility and must return to same location to be checked out and return badge upon completion of their day. The badge must be worn at all times while working at the facility.

b. The Contractor will be responsible for ensuring compliance by its employees with the security regulations of the Veteran’s Administration where work is performed under this Contract. Contracted employees will have to self-register at https://www.tms.va.gov/learning/user/SelfRegistrationUserSelection.do. Once registered, enroll in class va10176 VA Privacy and Information Security Awareness and Rules of Behavior. Contractors must provide signed certifications of completion to the Contracting Officer Representative (COR) during each year of the contract life.

c. No unauthorized Photography or Video on medical center premises. Per VA

Regulations 1.218(b)(23) Use of recording devices of any kind to record patients or employees is strictly prohibited.

d. Upon completion or termination of the applicable contract(s) or agreement(s), return and/or destroy, at Covered Entity’s option, VA information gathered, created, received, or processed during the performance of the contract(s) or agreement(s). No data will be retained by Business Associate, or contractor, subcontractor, or other agent of Business Associate, unless retention is required by law and specifically permitted by Covered Entity. As deemed appropriate by and under the direction of Covered Entity, Business Associate shall provide written assurance that all VA information has been returned to Covered Entity or destroyed by Business Associate. If immediate return or destruction of all data is not possible, Business Associate shall notify Covered Entity and assure that all VA information retained will be safeguarded to prevent unauthorized Uses or Disclosures.

e. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and

Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self- certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

http://www.tms.va.gov/learning/user/SelfRegistrationUserSelection.do

INVENTORY OF VERTICAL TRANSPORTATION-VAMC, TUSCALOOSA, AL

ELEVATORS ELEVATOR NO. TYPE MAKE

Bldg 1, 5 levels

P-1

Passenger, Traction 3000 lb capacity

Armor

Bldg 1, 5 levels P-2 Passenger, Traction 3000 lb capacity

Armor

Bldg 1, 4 levels S-5 Passenger, Hydraulic 3500 lb capacity

Montgomery

Bldg 2, 3 levels P-3 Passenger, Traction 3000 lb capacity

Armor

Bldg 3, 3 levels P-4 Passenger, Hydraulic 2000 lb capacity

Gemco

Bldg 3, 2 levels P-8 Passenger, Traction 2500 lb capacity

Beeco

Bldg 5, 3 levels P-13 Passenger, Hydraulic 2500 lb capacity

Esco

Bldg 38, 4 levels P-6 Passenger, Hydraulic 5500 lb capacity

Montgomery

Bldg 38, 3 levels P-7 Passenger, Hydraulic 5500 lb capacity

Montgomery

Bldg 38, 2 levels S-11 Service, Hydraulic 4000 lb capacity

Montgomery

Bldg 39, 3 levels P-9 Passenger, Hydraulic 3000 lb capacity

Bagby

Bldg 40, 3 levels P-7 Passenger, Traction 3000 lb capacity

Bagby

Bldg 63, 2 levels P-10 Passenger, Hydraulic 2500 lb capacity

Southeastern

Bldg 135, 3 levels P-14 Passenger, Hydraulic 3500 lb capacity

Montgomery

Bldg 135, 3 levels P-15 Passenger, Hydraulic 3500 lb capacity

Montgomery

Bldg 137, 4 levels P-17 Passenger, Hydraulic

Bagby

ELEVATORS ELEVATOR NO. TYPE MAKE

Bldg 137, 4 levels

P-18

Passenger, Hydraulic

Bagby

Bldg 137, 4 levels P-19 Passenger, Hydraulic 3000 lb capacity

Bagby

Bldg 137, 5 levels S-20 Service, Hydraulic 3500 lb capacity

Bagby

Bldg 137, 4 levels S-21 Service, Hydraulic 2500 lb capacity

Bagby

Bldg 145, 2 levels P-22 Passenger, Hydraulic 5000 lb capacity

Schindler

DUMBWAITERS:

Bldg 135, 2 levels DW-102 Traction, 200 lb capacity D. A. Matot

Bldg 135, 2 levels DW-103 Traction, 200 lb capacity D. A. Matot

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

2.00 YR _______________

BASE YEAR PLUS 4 OPTION YEARS. Elevator Inspection Service Twice a Year for PERIOD OF PERFORMANCE 01/01/2025 through 12/31/2025. Contractor shall furnish all equipment, supervision, tools, travel, labor and supplies to provide elevator inspection services of elevators and dumbwaiters, annual and semi-annual listed in the statement of work. Inspections to be completed during the months of February and August.

Contract Period: Base POP Begin: 01-01-2025 POP End: 12-31-2025

BASE YEAR PLUS 4 OPTION YEARS. Elevator Inspection Service Twice a Year for PERIOD OF PERFORMANCE 01/01/2026 through 12/31/2026. Contractor shall furnish all equipment, supervision, tools, travel, labor and supplies to provide elevator inspection services of elevators and dumbwaiters, annual and semi-annual listed in the statement of work. Inspections to be completed during the months of February and August.

Contract Period: Option 1 POP Begin: 01-01-2026 POP End: 12-31-2026

BASE YEAR PLUS 4 OPTION YEARS. Elevator Inspection Service Twice a Year for PERIOD OF PERFORMANCE 01/01/2027 through 12/31/2027. Contractor shall furnish all equipment, supervision, tools, travel, labor and supplies to provide elevator inspection services of elevators and dumbwaiters, annual and semi-annual listed in the statement of work. Inspections to be completed during the months of February and August.

Contract Period: Option 2 POP Begin: 01-01-2027 POP End: 12-31-2027

BASE YEAR PLUS 4 OPTION YEARS. Elevator Inspection Service Twice a Year for PERIOD OF PERFORMANCE 01/01/2028 through 12/31/2028. Contractor shall furnish all equipment, supervision, tools, travel, labor and supplies to provide elevator inspection services of elevators and dumbwaiters, annual and semi-annual listed in the statement of work. Inspections to be completed during the months of February and August.

Contract Period: Option 3 POP Begin: 01-01-2028 POP End: 12-31-2028

BASE YEAR PLUS 4 OPTION YEARS. Elevator Inspection Service Twice a Year for PERIOD OF PERFORMANCE 01/01/2029 through 12/31/2029. Contractor shall furnish all equipment, supervision, tools, travel, labor and supplies to provide elevator inspection services of elevators and dumbwaiters, annual and semi-annual listed in the statement of work. Inspections to be completed during the months of February and August.

Contract Period: Option 4 POP Begin: 01-01-2029 POP End: 12-31-2029

GRAND TOTAL _______________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO: Tuscaloosa VA Medical Center 3701 Loop Rd E Tuscaloosa, AL 35404

USA

ALL 1/01/2025 -

12/31/2029

MARK FOR: Tracy Clements 205 554-2000 ext 2319 tracy.clements2@va.gov

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

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

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

(End of Clause)

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

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

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

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

(DEVIATION)

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Supplies/products.

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

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

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13

CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause)

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

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB 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…