S02 36C25724Q0700 v2 1.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

671-24-4-196-0218

36C25724Q0700 07-24-2024

Michelle Cunningham 254-408-1652 07-31-2024

08:00 AM CDT

36C257 Department of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

X 100

X

811210

$34 Million

N/A

X

36C671

Department of Veterans Affairs San Antonio VA Medical Center 7400 Merton Minter Attn: San Antonio Tx 78229 Temple TX 76504

36C257

Department of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

Contractor shall provide bed stretcher maintenance IAW the Statement of Work.

Refer to page 45 for solicitation instructions.

Refer to page 55 for evaluation instructions.

$0.00 See CONTINUATION Page x X

X 1

Frank Mendoza Contracting Officer

36C25724Q0700

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 33

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

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 35

C.8 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.10 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

D.1 QUALITY ASSURANCE SURVEILLANCE PLAN

D.2 PAST PERFORMANCE REFERENCE

D.3 SOW ATTACHMENT

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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)

E.7 VAAR 852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM

REQUIREMENTS (JAN 2023) (DEVIATION)

E.8 52.216-1 TYPE OF CONTRACT (APR 1984)

E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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 36C257 Frank Mendoza

Department of Veterans Affairs

Network Contracting Office 17

5441 Babcock Road Ste. 302

San Antonio TX 78240

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

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

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 LT __________________ __________________

Unforseen damages caused by neglect. Not to Exceed (NTE) $20,000

(amount is not guaranteed and will fluctuate based on actual need).

Itemized invoices shall be provided to the COR for review and approval prior to installation. Contract Year: Base Period of Performance: 9.26.2024 through 9.25.2025 Contract Period: Base POP Begin: 09-26-2024 POP End: 09-25-2025 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

LOCAL STOCK NUMBER: 0001

166.00 EA __________________ __________________

Arjo 9800- Full Service included preventive and corrective maintenance labor, parts, and travel. See the Statement of Work for more details.

Contract Period: Base POP Begin: 09-26-2024 POP End: 09-25-2025 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment

LOCAL STOCK NUMBER: 0002

181.00 EA __________________ __________________

CM only stretcher-Corrective maintenance includes, labor, parts, and travel . See Statement of Work for additional details.

Contract Period: Base POP Begin: 09-26-2024 POP End: 09-25-2025 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment

LOCAL STOCK NUMBER: 0003

(amount is not guaranteed and will fluctuate based on actual need).

Itemized invoices shall be provided to the COR for review and approval prior to installation. Contract Year: Base Period of Performance: 9.26.2024 through 9.25.2025 Contract Period: Option 1 POP Begin: 09-26-2025 POP End: 09-25-2026 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment maintenance labor, parts, and travel. See the Statement of Work for more details.

Contract Period: Option 1 POP Begin: 09-26-2025 POP End: 09-25-2026 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment travel . See Statement of Work for additional details.

Contract Period: Option 1 POP Begin: 09-26-2025 POP End: 09-25-2026 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment

(amount is not guaranteed and will fluctuate based on actual need).

Itemized invoices shall be provided to the COR for review and approval prior to installation. Contract Year: Base Period of Performance: 9.26.2024 through 9.25.2025 Contract Period: Option 2 POP Begin: 09-26-2026 POP End: 09-25-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment maintenance labor, parts, and travel. See the Statement of Work for more details.

Contract Period: Option 2 POP Begin: 09-26-2026 POP End: 09-25-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment travel . See Statement of Work for additional details.

Contract Period: Option 2 POP Begin: 09-26-2026 POP End: 09-25-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment

(amount is not guaranteed and will fluctuate based on actual need).

Itemized invoices shall be provided to the COR for review and approval prior to installation. Contract Year: Base Period of Performance: 9.26.2024 through 9.25.2025 Contract Period: Option 3 POP Begin: 09-26-2027 POP End: 09-25-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment maintenance labor, parts, and travel. See the Statement of Work for more details.

Contract Period: Option 3 POP Begin: 09-26-2027 POP End: 09-25-2028

PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment travel . See Statement of Work for additional details.

Contract Period: Option 3 POP Begin: 09-26-2027 POP End: 09-25-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment

(amount is not guaranteed and will fluctuate based on actual need).

Itemized invoices shall be provided to the COR for review and approval prior to installation. Contract Year: Base Period of Performance: 9.26.2024 through 9.25.2025 Contract Period: Option 4 POP Begin: 09-26-2028 POP End: 09-25-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment maintenance labor, parts, and travel. See the Statement of Work for more details.

Contract Period: Option 4 POP Begin: 09-26-2028 POP End: 09-25-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment travel . See Statement of Work for additional details.

Contract Period: Option 4 POP Begin: 09-26-2028 POP End: 09-25-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

MEDICAL BEDS AND STRETCHERS MAINTENANCE

SUPPLIES OR SERVICES

The Contractor must provide all labor, material, tools, management, travel, and equipment necessary to perform corrective and preventive maintenance on all medical beds and stretchers located at the locations listed below in accordance with the specifications of the Statement of Work.

1. Audie L. Murphy Medical Center

2. Kerrville Medical Center

3. Polytrauma Transitional Rehabilitation Program

1.0 DESCRIPTION OF SERVICES

The Contractor must provide all labor, material, tools, management, travel, and equipment necessary to perform corrective and preventive maintenance on all medical beds and stretchers located at the locations listed below in accordance with the specifications of the Statement of Work.

1. Audie L. Murphy Medical Center (AMH)

2. Kerrville Medical Center (KER)

3. Polytrauma Transitional Rehabilitation Program (PTRP)

2.0 GENERAL REQUIREMENTS

Comprehensive Preventive and Corrective maintenance:

Vendor shall provide the following:

a. Corrective Maintenance:

i. Vendor shall visit AMH and KER to provide full corrective maintenance service on the hospitals’ patient beds listed below (Attachment A and B) when requested by the STVHCS Biomedical Engineering Section.

Vendor shall also provide unlimited phone support for STVHCS Biomedical Engineering under the contract base year plus four option years. After performing corrective maintenance, Vendor shall ensure the equipment has been returned to optimum performance (according to the manufacturers’ service documentation manuals) by checking mechanical and electrical safety, lubrication, functional testing, and adjusting for optimum performance as needed.

ii. Emergency repair calls shall be responded to via phone within 2 business hours, and by onsite visit within 4 business hours of notification.

iii. Replacement Parts:

1. Vendor shall provide all necessary parts for repair. These parts shall be new, standard OEM parts that comply with applicable performance and reliability specifications.

b. Preventive Maintenance:

i. Vendor shall visit AMH and KER to provide one (1) full preventive maintenance service on EACH of the hospitals’ patient beds listed below (Attachment A and B) annually when scheduled by the STVHCS Biomedical Engineering Section. Each preventive maintenance service will be performed as outlined in the Original Equipment Manufacturers (OEM) technical service manuals. Each PM will be documented and documentation will be provided to the Contracting Officer Representative (COR), or the COR’s designate.

ii. If the Contractor does not perform a PM on any equipment covered in this Service Agreement within the plan year, the contractor will refund the amount paid by customer for one year of coverage for that equipment.

iii. Repairs will be completed as discovered in the routine PM. All parts required for repairs are required to be OEM and the responsibility of the contractor to provide and install. Maintenance Services WILL NOT be performed in patient rooms.

After preventative maintenance inspections are performed, a VA-provided inspection sticker will be placed on the equipment. The sticker will include the date the inspection was performed, the next due date for inspection, and the initials of the person who performed the inspection. All other non-VA, nonessential and expired stickers will be removed from the equipment by the contractor.

Contractor must provide preventative maintenance/ and incidental supplies and parts associated with normal wear and tear. Incidental supplies and parts include any lubricants, nuts, bolts, belts, cables, call buttons, fuses, or any parts the technician breaks during their preventive maintenance.

Contract includes full maintenance for the equipment listed in the attached schedule of patient beds and stretchers, consisting of scheduled preventive maintenance (PM) and corrective call back service for operational problems not successfully preempted by PM, and corrective service for problems identified during preventive maintenance. The Vendor shall provide a 2-hour phone response time and a 4-hour onsite response time when contacted by STVHCS Biomedical Engineering.

The Contractor must, at a minimum, perform the corrective and preventive maintenance services per the manufacturers’ service manuals’ directions. Any tasks listed on a VA Checklist that are not included on Manufacturer PM Checklist must be performed in addition to tasks listed on Manufacturer PM Checklist.

3.0 SAFETY DATA SHEETS

Prior to commencement of services, the Contractor must provide Safety Data Sheets to the COR in accordance with VA and OSHA regulations for any chemicals that are brought onsite, if necessary.

4.0 LIST OF EQUIPMENT AND LOCATIONS

See D.3 Attachment for a listing of stretchers, manufacturer, and other pertinent information.

Special Instructions: Includes replacement of all authentic parts excluding consumables such as slings, mattresses, and cushions.

5.0 REPORTS

A written Equipment Service Report (ESR) with complete and documented preventive maintenance and repair work must be submitted at the completion of each visit. Report must be in format mutually acceptable to VA and Contractor. The report must include a detailed description of the process used including a complete list of acceptable cleaning agents. The report must also include, but not limited to, manufacturer of products used, UL classification, and a copy of any Safety Data Sheets previously submitted as required by the specifications and OSHA. In addition, each ESR must, at a minimum, document the information listed below legibly and in complete detail. Failure to provide written reports could result in delay of payments.

1. Name of Contractor.

2. Name of FSE who performed services.

3. Contractor service ESR number/log number.

4. Date, time (starting and ending), equipment downtime, and hours on-site for service call.

5. VA purchase order number (Using the incorrect number could delay processing of invoices).

6. Identification of equipment to be serviced: ID number, manufacturers name, model, and serial numbers, room location, and any other manufacturer’s identification numbers.

7. Itemized description of services performed including location of access panels and documentation of discrepancies, system impairments, and recommendations.

8. Signatures of the FSE performing the services and the VA employee who witnessed the services described.

The contractor must maintain a complete orderly and chronological file including complete parts list and copies of all reports as required by these specifications. A record of all callbacks and repairs must be kept by the contractor indicating any difficulty experiences and the corrective measures taken to eliminate these difficulties. These files are to be maintained for the life of the contract.

6.0 DEFECTIVE EQUIPMENT

The Contractor must immediately, but no later than twenty-four (24) consecutive hours after the discovery of, notify the COR in writing of the existence or the development of any defects in, or repairs required, to the government owned equipment, which is not covered under terms of this contract and is the responsibility of the government for repair.

7.0 PREVENTATIVE MAINTENANCE (PMI) PLAN

The contractor must develop a PMI plan in accordance with the manufacturer specifications for PM and the attached checklists that include all of the necessary services addressed in this contract. The government estimates a one-hour minimum duration per unit. The completed PMI plan must be submitted for approval no later than 30 days after contract award. Once approved, the contractor must follow the schedule as close as possible to facilitate the Government’s process.

8.0 TECHNICAL REQUIREMENTS

1. The Service Contractor must provide proof of training certificates on courses employees attended to learn how to repair beds. (Arjo/Stryker/Hill-rom)

2. Minimum of three (3) years relevant and verifiable references, including contract number, dates of performance, point of contact, and telephone number.

3. These references should show ability to perform the services required by this contract.

4. Identify any Federal, State, Local Government, and private contracts that are similar in nature, scope and size.

5. References should include all on-going contracts or those completed within the last three (3) years.

9.0 CONFORMANCE STANDARDS

All maintenance on included equipment must be performed in accordance with manufacturer guidelines and/or the following industry stands as applicable: The Joint Commission, OSHA, EPA and all state, local, federal and industry standards whichever is more stringent.

Covered equipment listed in the schedule encompass all system components and associated apparatus as normally supplied and required for operation by the manufacturer in the currently installed configuration, including integrity of connections to building utilities, excluding building utility supply lines up to the point of manufacturer provided hardware.

10.0 HOURS OF OPERATION

10.1. Normal hours of operation are Monday through Friday from 8:00 am to 4:30 pm, excluding holidays.

10.2. Federal and National Holidays observed by the VAMC are:

National Holidays Federal Holidays New Year's Day Labor Day Independence Day Memorial Day Thanksgiving Day Christmas Day

M L King's Birthday Columbus Day President's Day Veterans Day Independence Day

Also included would be any other day specifically declared by the President of the

United States to be a National Holiday.

When a holiday falls on a Sunday, the following Monday must be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding

Friday must be observed as a legal holiday.

11.0 SECURITY REQUIREMENTS

The Contractor’s employees must wear visible identification and company uniforms, approved by the COR, at all times while on the premises of the VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas.

Information on parking is available from the VA Police Section or the COR. The VAMC will not invalidate or make reimbursement for any parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the VAMC.

Possession of weapons is prohibited. Enclosed containers, including tool kits, must be subject to a search. Violations of VA regulations JULY result in citations answerable in the United States (Federal) District court, not a local district, state, or municipal court.

12.0 TUBERCULOSIS SCREENING

All service contractor employees assigned to the work site shall have a certified tuberculin screening completed within 90 days prior to assignment at the work site.

The certified tuberculin screening must be kept updated every calendar year from the date submitted in the initial certified tuberculin screening documentation. NOTE: This can be the Center for Disease Control (CDC) and Prevention and two-step skin testing or a Food and Drug Administration (FDA)-approved blood test.

1. Contract employees manifesting positive screening reactions to the tuberculin shall be examined according to current CDC guidelines prior to working on VHA property.

2. Subsequently, if the employee is found without evidence of active (infectious) pulmonary TB, a statement documenting examination by a physician shall be on file with the employer (service contractor), noting that the employee with a positive tuberculin screening test is without evidence of active (infectious) pulmonary TB.

3. If the employee is found with evidence of active (infectious) pulmonary TB, the employee shall require treatment with a subsequent statement to the fact on file with the employer before being allowed to return to work on VHA property.

4. In addition to providing results of a TB test, the contractor must also show proof of any other vaccines or tests that the establishment deems necessary.

5. The contractor shall provide any other documentation or vaccines or required medical treatment as deemed necessary by infection prevention or the Secretary of the VA.

13.0 TRAINING REQUIREMENT

The Contractor will attend a pre-work orientation meeting prior to the commencement of work on site. The VA will schedule this meeting and it will include discussions of the following topics: (The VA will provide information to the Contractor regarding these topics and will document the meeting)

• Fire and Safety

• Infection Control

• Disaster Procedures

• Security

The Contractor will be responsible to ensure that Contractor employees coming to the work site will receive the information required above.

The Contractor will be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

14.0 SECURITY REQUIREMENTS

All contractors working under this contract must be fingerprinted prior to being allowed to work on campus. Contractor ID badges can be obtained from PIV office typically 3-5 days after approved SAC form is received and finger prints clear. ID badges are required for contractor employees working at Audie L Murphy and Kerrville locations.

15.0 PROTECTION OF GOVERNMENT PROPERTY

During work execution, the Contractor must take special care to protect Government property including furniture, walls, baseboards, and other surfaces. Accidental splashes must be removed immediately. Damage resulting from the Contractor operations must be repaired by the Contractor, including painting, refinishing, or replacement, if necessary, at no additional cost to the Government. The Contractor must be responsible to meet OSHA/Safety requirements in the performance of the work. This must include, but not limited to, taking all the necessary precautions to protect the patients, visitors, and/or staff at each location. The Contractor must be held responsible for any injuries and /or damage, which may be caused because of the Contractor’s failure to adhere to these requirements.

Damage

Extreme caution must be exercised to prevent damage to the building and its contents.

Any damage must be reported to the COR immediately for appropriate action. Any damage caused by the contractor will be repaired and/or replaced to the satisfaction of the VA at the Contractor’s expense.

16.0 FACILTY CHECK-IN REQUIREMENTS

The Contractor is required to report to the Audie L. Murphy Biomedical Engineering Shop, Room E008, or the Kerrville Veterans Hospital (Room XXX in Building XXX) to log in for services performed under this contract. This check in is mandatory.

Audie L. Murphy Contact Person: Brittney Brown, Mario Flores Telephone Number & Extension: 210-617-5300 x16612 Kerrville Hosp. Contact Person: Mike Tonjes Biomedical Technician Telephone Number & Extension 210-617-5300 x12272

17.0 Information Systems Officer, Information Protection

The contractor will not have access to VA Desktop computers nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

18.0 Privacy Officer

The contractor will not have access to protected Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody. All research data available for Contractor analyses is de-identified.

19.0 Records Manager

Records Manager:

a. Contractor must comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

b. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

c. In accordance with 36 CFR 1222.32, Contractor must maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d. STVHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of STVHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C.

2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to STVHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

e. The Contractor must immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor must ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor must not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity.

When information, data, documentary material, records and/or equipment is no longer required, it must be returned to STVHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government must be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

f. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and STVHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

g. The Contractor must only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with STVHCS policy.

h. The Contractor must not create or maintain any records containing any non-public STVHCS information that are not specifically tied to or authorized by the contract.

i. The Contractor must not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

j. The STVHCS owns the rights to all data and records produced as part of this contract.

All deliverables under the contract are the property of the U.S. Government for which STVHCS must have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

k. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

20.0 DEFINITIONS/ACRONYMS

Acceptance Signature – VA employee who is authorized to sign-off on the ESR, which indicates that the PM has been concluded or is still pending completion, or that the Emergency Repair has been accomplished or is still in a pending status.

CO – Contracting Officer

COR – Contracting Officer’s Representative

ESR – Employee/Vendor Service Report – A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

FSE – Field Service Employee - A person who is authorized by the Contractor to perform services on the VAMC premises.

PM – Preventive Maintenance

VA – Veterans Affairs

VAMC – Department of Veterans Affairs Medical Center

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)

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

This contract incorporates one or more clauses by reference, with…