S02 - 36C26123Q0468.docx

36C26123Q0468

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

05-01-2023

RICO JOHNSON

916-923-4513 05-31-2023

11:00AM

PDT

612MCP

Department of Veterans Affairs Network Contracting Office (NCO 21) 5342 Dudley Blvd, Bldg 209 McClellan

CA 95652-2609

X

922160 N/A

N/A

Department of Veterans Affairs VA Palo Alto Healthcare System Livermore Division

Livermore CA 94550

612MCP

Department of Veterans Affairs Network Contracting Office (NCO 21) 3230 Peacekeeper Way, Bldg. 209 McClellan CA 95652-1012

FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

FIRE PROTECTION SUPPORT SERVICES FOR VA PALO ALTO

HEALTHCARE SYSTEM, CALIFORNIA WITH WORK AT LIVERMORE

CALIFORNIA

Base Year: August 1, 2023 through July 31, 2024 Option Year 1: August 1, 2024 through July 31, 2025 Option Year 2: August 1, 2025 through July 31, 2026

See CONTINUATION Page

RICO JOHNSON

CONTRACTING OFFICER

Table of Contents

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 36C261

Network Contracting Office (NCO 21) 5342 Dudley Blvd, Bldg 209 McClellan

CA 95652-2609

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

FILL OUT PRICE SCHEDULE – ATTACHMENT 1

Page 1 of

Performance Work Statement (PWS) Fire Protection Services for Veterans Affairs Palo Alto Health Care System At Livermore VA Medical Center

1.0 General Scope of Work:

1.1 This contract requires the vendor to operate one or more Contractor-Owned Contractor-Operated (COCO) Fire Stations, which provide the services of fire suppression to the Livermore Division of VA Palo Alto Health Care System (VAPAHCS). The Contractor shall be required to respond to all emergency calls and fire alarms. The service shall be provided 24 hours per day, 7 days per week, 365 days per year. The Livermore Veterans Affairs Medical Center (VAMC) is located at 4951 Arroyo Road, Livermore, CA 94550.

1.2 The Livermore Division is a 117-acre facility located outside the city limits of Livermore, California, with 27 buildings of which there are 120 nursing home care beds and 45 sub-acute care beds.

2.0 Scope of Work:

2.1. The Contractor shall provide all personnel, equipment and facilities necessary for successful performance of this contract. The Government will not provide any facilities or equipment. The existing fire station at this (VA) facility will not be used during available contract performance. Contractor's facilities shall be located off the VA premises.

2.2 The Contractor shall be required to provide pre-fire planning, fire suppression, emergency medical aid, emergency rescue (including but not limited to confined space rescue and elevator rescue), and hazardous material response.

2.3 Provide a fire station within 3.5 miles travel distance of the entrance to the Livermore Division. Respond to the Livermore Division with a minimum of four trained, full time professional firefighters on duty within eight (8) minutes. The firefighters are permitted to arrive on more than one vehicle; however, the first four responding firefighters must be located within the 3.5 mile travel distance. Have adequate staff and equipment to respond to a second alarm.

2.4 The publications listed in Paragraph 16 (Applicable Regulations, Manuals, Specifications) are incorporated by reference into this contract and are supplemental to this specification. The Contractor shall maintain on file the current and latest edition of each applicable publication.

2.5 Changes regarding increase or decrease of buildings will be coordinated with the Contractor by the Contracting Officer prior to the initiation of such changes in order to assure adequate contractual coverage.

2.6 The Contractor shall provide and may receive services under formal mutual aid agreements at no cost to the government. The Contractor shall provide a copy of current mutual aid agreements to the COR prior to performance of contract. Refer to section 13.

3.0 Contractor Supervision:

3.1 The Contractor shall obey all Government regulations as posted on the Livermore Division facility.

3.2 The Contractor shall provide competent supervision at all times. The Contractor shall designate in writing a Contract Manager (Fire Chief or other designee) who shall be responsible for the overall management and coordination of the Contractor's work force and who shall act as the central point of contact with the Government. This document shall be submitted to the Contracting Officer within 10 days after award of contract.

3.3 Contractor shall ensure that all Fire Department operations are conducted in a safe manner and that all fire fighters are knowledgeable in fire fighter occupational safety and health practices. Contractor shall comply with all provisions of National Fire Protection Association (NFPA) 1500, Standard on Fire Department Occupational Safety and Health Program.

3.4 The Fire Chief (Contract Manager) or designated alternate shall have full authority to act for the Contractor on all contractual matters relating to daily operation of this contract.

4.0 Personnel Qualifications and Requirements:

4.1 The Contractor shall ensure that proper staffing levels are maintained at all times, as stated in the Scope of Work.

4.2 The Contractor’s fire fighters shall meet the following mandatory minimum experience and training requirements.

4.2.1 The fire fighters shall possess current State of California Firefighter I status or equivalent, or shall meet the requirements of NFPA 1001, Standard for Fire Fighter Professional Qualifications.

4.2.2 The fire fighters shall meet all State and County requirements for Emergency Medical Technician - Basic for medical emergencies.

4.2.3 Engineers (Driver/Operators) shall be licensed to drive motorized firefighting equipment, and operate specialized firefighting pumping equipment and mounted pressurized systems and dispensing devices. Engineers shall meet the requirements of NFPA 1002, Standard for Fire Apparatus Driver/Operator Professional Qualifications, as well as NFPA 1001.

4.2.4 The Captains shall be required to supervise the operations of an Engine Company and meet the requirements of a Company Officer as stated in NFPA 1021, Standard for Fire Officer Professional Qualifications.

4.3 The Contractor shall submit in writing to the Contracting Officer certification that all employees meet the mandatory minimum requirements.

4.4 Each employee of the Contractor shall be identified by a distinctive name plate, emblem, or patch attached in a prominent place to an outer garment.

4.5 The Contractor shall develop and implement a comprehensive training program and a refresher training schedule to cover all aspects of fire protection as required under normal NFPA standards. Each Fire Department member shall receive weekly, monthly or other training programs assigned to help the member to maintain speed and efficiency. The Contractor shall maintain records of training and have available for review upon request by the COR.

4.6 Personnel rosters: The Contractor shall furnish a list of all employees who might respond to the Livermore Division campus to the COR prior to the start of contract performance. The list shall include the full name and work assignment of each employee. The Contractor shall notify the respective COR of all additions, deletions, or changes at least five (5) days in advance of such changes whenever practicable, or as soon thereafter as is reasonably practicable.

4.7 The Contractor shall remove from the job site any employee for reasons of misconduct or security or as directed by the COR or CO. The removal of such a person shall not relieve the Contractor of the requirement to provide personnel to perform adequate and timely service.

4.8 Contractor Employee Compliance. The Contractor shall ensure that Contractor’s employees entering the VA facility observe and comply with all VA policies, regulations, and procedures concerning fire, safety, environmental protection, sanitation, security, traffic, parking, and "off limits" areas.

5.0 Quality Control Plan (QCP):

5.1 The Contractor shall establish a complete quality control program to ensure that all requirements are provided for, as specified in all sections of this contract. One copy of the Contractors QCP shall be provided to the COR for review prior to contract performance. The Contractor’s QCP shall include but not be limited to the following:

5.1.1 A statement describing how the Contractor will meet the basic requirements of this contract (i.e. staffing levels, time to respond to an incident, equipment requirements) shall be provided to COR 15 days after effective date of Contract award and whenever there are major turnover of personnel. A major turn-over would be determined by the COR.

5.1.2 A method for identifying deficiencies in the quality of services performed before the performance deficiency becomes unacceptable.

5.1.3 A method of recording or logging the daily activities of the contractor, which would demonstrate the Contractor's ability to maintain the minimum requirements of this contract.

5.1.4 The Government will monitor the contractor's performance using the Contractor’s QCP and the Government’s Quality Assurance Surveillance Plan (QASP) as established by the COR.

6.0 Reports:

6.1 The Contractor shall submit reports as required by the Scope of Work and all applicable provisions and clauses as follows:

6.2 Designation of Contract Manager shall be submitted to the COR within 10 days after award of contract.

6.3 Certification of the Contractor to meet mandatory requirements shall be provided to the COR before performing services.

6.4 Written schedule of training program shall be provided upon request by the COR.

6.5 The Quality Control Program shall be provided 15 days after Contract effective date.

6.6 Incident reports are due to the COR 48 hours after every incident at Livermore Division. The incident report shall be submitted in writing to the COR.

6.7. Personnel rosters shall be provided to COR on the effective start date and whenever there are updates.

7.0 Security Requirements:

7.1 The Contractor shall comply with all VA Police requirements.

7.2 The Contractor shall establish and implement methods of ensuring that keys issued to the Contractor by the Government are not lost or used by unauthorized persons. Keys issued to the Contractor by the Government shall not be duplicated. The Contractor shall also establish and implement methods to ensure that lock combinations are not revealed to unauthorized persons.

These control methods shall be included in the Contractor’s Quality Control Plan.

7.3 The Contractor shall immediately report lost or duplicated keys to the COR or designated representative.

7.4 In the event that keys are lost, the Government, at its option, will replace the affected locks or perform rekeying. In this case, the total cost of rekeying or replacement shall be deducted from the monthly payment due to the Contractor. In the event that a master key is lost or duplicated, all locks and keys for that system will be replaced by the Government and total cost shall be deducted from the monthly payment due to the Contractor.

NOTE: Administrative buildings are locked at approximately 6:00 pm Pacific Standard Time (PST). All non-essential doorways in Building 62, Main Hospital, 12:30 a.m., Bldg 64, 8:00 p.m., and Building 90, Nursing Home Care Unit, is locked at 9 p.m.

8.0 Government Furnished Property: There is no GFP provided to the Contractor.

9.0 Contractor Furnished Property items:

9.1 Materials: The Contractor shall furnish all materials necessary to perform the tasks specified in this contract.

9.2 Equipment and Tools: The Contractor shall furnish all equipment and tools necessary to properly perform the work. The Contractor's equipment shall be in good condition and comply with safety standards. All equipment shall be cleaned and sanitized as required for the specific task for which it is intended.

9.3 Vehicles: The Contractor shall provide all necessary vehicles required to fulfill the requirements of this contract.

9.3.1 Vehicles shall be available for inspection by the COR or designee upon request.

9.3.2 Vehicles shall be specifically designed for the task for which they are supplied, i.e., transporting fire-fighting equipment and supplies, personnel, etc.

9.3.3 Vehicles shall be in operable condition and meet all applicable Local, State and Federal safety requirements.

9.3.4 Vehicles shall be painted so as to present a neat appearance with the Contractor’s name affixed on both sides of the vehicle.

9.3.5 Vehicles shall be equipped with radio dispatch equipment.

10.0 General Tasks:

10.1 The Contractor shall use all available resources to safeguard human life and property, control and suppress all fires at the Livermore Division and, as necessary, lend assistance within the mutual aid area. Refer to section 13.0 for Mutual Aid.

10.2 Eight Minute Response Time: The Contractor shall respond to the entrance of the Livermore Division campus in eight (8) minutes or less with a minimum staff of six (6) fire fighters. The eight minute (8) response time shall be from the moment of the of alarm notification from the monitoring center. The fire fighters are permitted to respond on more than one vehicle.

10.3 The Contractor shall provide and maintain a pumping apparatus, which meets the criteria of NFPA 1901, Standard for Pumper Fire Apparatus. The Pumper shall have a minimum pump capacity of 750 gallons per minute. Additionally, a second Pumper shall be provided and maintained as a reserve, which meets the same criteria as above. Both Pumpers shall be available at the Contractor fire station(s) in order to ensure one is capable of responding to an emergency incident (since periodic maintenance may place an apparatus out of service).

10.4 Pre-Fire Plan. The Contractor shall maintain an updated pre-fire plan of the entire Livermore Division facility, following the procedures contained in International Fire Service Training Manual (IFSTA) “Fire Department Company Officer" or NFPA 1620, Standard for Pre-Incident Planning. The Contractor shall provide a copy of the plan to the COR for review prior to contract performance.

10.4.1 The Contractor shall conduct an initial and periodic company inspection(s) to establish and update the Pre-Fire Plan as needed. A copy of inspections shall be provided to the COR for review.

10.4.2 The Pre-Fire Plan shall be located on the responding apparatus for quick reference during an emergency call at Livermore Division campus. The pre-fire plan shall include, but is not limited to the following information:

10.4.2.1 A site plan identifying the names and locations of buildings, roads, fire hydrant locations, water mains, water supply tanks and reservoir and property boundaries at the Livermore Division campus.

10.4.2.2 The Contractor shall ensure adequate flow/pressure of fire hydrants by conducting hydrant flow tests in accordance with current NFPA standards. Reports shall be submitted to COR on a yearly basis.

10.4.2.3 An individual plan for each building showing occupancy type, floor plan of each level or floor, locations of utility shutdown, fire protection, system controls (i.e. alarm enunciators, fire sprinkler systems, fire department connections, standpipe riser connections), locations of any hazardous material storage, and any potential for life hazard. The Livermore Division, Engineering staff, shall assist the contractor in locating the above systems control locations.

10.5 Phone Numbers and Radio Frequencies: The COR or designate will provide a listing of telephone numbers and radio frequencies of persons or departments that may be required for assistance to the Contractor. The list shall include VA Police Service, Engineering Service and Boiler Plant Operator at the Livermore Division.

11.0 Minimum Staffing.

11.1 The minimum on-duty staffing of the Fire Station responsible for initial response to the Livermore Division shall be four (4) trained, professional fire fighters at all times. This level of staffing shall be maintained 24 hours per day, 7 days a week, 365 days a year, despite vacations, sickness, etc. The Fire Station responsible for initial response must be located within 3.5 miles travel distance from the Livermore Division.

11.2 The minimum of six (6) fire fighters shall be maintained to respond to Livermore Division regardless of other emergency calls that may require the use of this fire station staffing, or any portion thereof (i.e. an ambulance or rescue call that could draw the staffing level below the minimum number of fire fighters). In the case of another emergency call, the minimum staffing could be maintained by the use of mutual aid agreements with other agencies or move up and cover in of other contractor resources (i.e. bringing in an engine company or additional fire fighters from other fire stations).

12.0 Fire Suppression Tasks:

12.1 The Contractor shall maintain a fire watch on all structural fires and wild land fires following suppression until there is no possibility that a rekindle may occur.

12.2 The Contractor shall overhaul and perform salvage operations during and following a fire in accordance with accepted practices as described in the appropriate International Fire Service Training Association (IFSTA) Manuals.

12.3 The Contractor shall not permit unauthorized entry by persons into a fire-damaged building until the security of the building is turned over to the appropriate authority.

13.0 Mutual Aid:

13.1 (Definition) – Mutual aid is an agreement among emergency responders to lend assistance across jurisdictional boundaries. This may occur due to an emergency response that exceeds local resources, such as a disaster or a multiple-alarm fire. It is generally a formal standing agreement for cooperative emergency management on a continuing basis, such as ensuring that resources are dispatched from the nearest fire station, regardless of which side of the jurisdictional boundary the incident is on. Mutual aid may also extend beyond local response. In the case of multiple alarm fires, mass casualty incidents, HazMat incidents, the municipality may call in resources from surrounding towns to either respond directly to the incident scene or take up quarters in their fire and Emergency Management Services (EMS) stations and respond to other incidents in that city or town when local crews are handling a protracted incident. Where a town has no resources of its own, it will contract with a surrounding town or towns to provide coverage.

13.2 The Contractor shall request mutual aid from fire departments covered under mutual aid agreements or contracts when any fire or emergency is beyond the control of the Contractor operated Fire Department.

13.3 The Contractor shall honor all existing mutual aid agreement(s). The Contractor shall submit proof to the COR that such agencies will provide backup support to the Contractor operated department, to include but not be limited to engine and/or truck (aerial ladder or elevating platform) response within their capability. The Contractor shall maintain records of all agreements and provide a copy of any new mutual aid agreements to the COR.

14.0 Emergency Medical Service and Rescue:

14.1 The Contractor shall have the equipment and training necessary to respond to requests for emergency medical aid and rescue at the Livermore Division. This service shall meet the requirements of the local Emergency Medical Services Agency (Alameda County EMS).

14.2 The Contractor’s personnel shall be equipped and trained to at least the EMT-B (Emergency Medical Technician Basic) level. This service would be required for, but not limited to the following types of incidents: Trauma victims in case of vehicle accidents, falls, violent crime, fire, hazardous material exposure, and building collapse, or assistance for persons with medical emergencies that need advanced life support.

15.0 Hazardous Material Response:

15.1 The Contractor shall respond to emergency hazardous material spills when requested by Livermore Division.

15.2 The Contractor shall abide by the provisions of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and other Federal, State, and local laws regarding emergency responders at hazardous material incidents.

15.3 The Contractor shall have an emergency response plan to handle anticipated hazardous material emergencies as outlined in Title III of SARA.

15.4 The Contractor shall be trained to at least the First Responder Operational Level as defined in Federal OSHA 1910.120 and NFPA 472, Standard for Professional Competence of responders to Hazardous Materials Incidents.

16.0 Applicable Regulations, Manuals and Specifications. The following apply, as specified, to the requirements of the contract:

16.1 Federal Occupational Safety and Health Administration (OSHA)

16.2 National Fire Codes (NFPA)

16.3 International Fire Service Training Association (IFSTA) Manuals

17.0 Payments and Invoicing

17.1 The Contractor shall submit invoices on a monthly basis in the arrears. All invoices shall include Contract number, Purchase Order number, Order Date, Period of Performance, and Description of Services.

17.2 The above information shall be listed on the invoices, provided Veterans Health Administration has identified the appropriate numbers on its Purchase Order and indicated on the Purchase Order that the above references need to be referenced on the invoice. The Contractor shall submit invoices to VA on a monthly basis for work performed and expenses incurred the previous month not to exceed the negotiated price.

18.0 Reserved

19.0 Definitions: Terms as used throughout this Scope of Work shall have the following meanings.

19.1 Contracting Officer (CO): The person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

19.2 Contracting Officer's Representative (COR): The person appointed/delegated by the Contracting Officer to act for the CO within the limits of the delegated authority letter.

19.3 Contractor: The term Contractor as used herein refers to both the prime Contractor and any subcontractors. The Contractor shall be responsible for ensuring that the subcontractors comply with the provisions of this contract.

19.4 Contractor-Owned, Contractor-Operated (COCO): A method of contracting for services in which the Contractor supplies all equipment, material, and facilities which he needs to operate under the terms of the contract.

19.5 Emergency Response: Response by Contractor personnel within eight minutes of notification to deal with an emergency situation arising at the medical facility.

19.6 Fire Chief: The person designated in writing by the Contractor to be responsible for the overall management and coordination of the contract. The Fire Chief serves as the central point of contact with the Government on matters dealing with the complete supervision of all Fire Department activities, including fire prevention, personnel training, education, structural fire fighting operations, and rescue.

19.7 Hazardous Working Conditions: Situations which present real or potential hazards to the physical well-being of Contractor personnel due to such factors as, but not limited to, fire suppression activities, hazardous material response, exposure to infectious diseases, patients, falling objects, and extreme weather conditions.

19.8 NFPA: National Fire Protection Association

19.9 OSHA: Occupational Safety and Health Administration

19.10 Quality Assurance (QA): Those actions taken by the Government to check equipment or services to determine that they meet the requirements of the Scope of Work.

19.11 Quality Assurance Surveillance Plan (QASP): A systematic method used by the Government to evaluate Contractor actions and performance based on Statement of Work requirements. The QASP is designed to provide an effective method of monitoring contractor performance for each listed objective on the Statement of Work. A QASP is based on the premise the Government desires to maintain a quality standard in providing fire protection service.

19.11 Quality Control (QC): Those actions taken by a Contractor to control the suitability of equipment or services so that they will meet the requirements of the Scope of Work.

20.0 Environmental and Energy Conservation Objectives: All applicable environmental and energy Conservation objectives required for and associated with VA construction projects in general shall be incorporated into the solicitation and any resultant contract. (See FAR Parts 2, 7, 11, 23, 36, 42, and 52; VHA Directive 2005-011, VHA Green Environmental Management System (GEMS) and Governing Environmental Policy Statement, 7 Mar 05; VA Handbook 0052, Affirmative Procurement, recycling, and Waste/Pollution Prevention programs, 14 Jun 02; and IL 049-02-7, 16 Apr 02, Executive Order 13221, Energy Efficient Standby Power Devices.

21.0 Security Considerations. The requirements do not apply, and a Security Accreditation Package is not required.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, 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; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

(v) Incorporation by reference. The Contractor’s representations and 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 three (3) years.

(End of Clause)

C.4 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS

IAW VHA Procurement Policy Lightning Bolt 22-01, Revision 3 VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

4. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification…