S02-36C26223Q1459 Access Controls upgrade.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

664-23-3-5072-0042

36C26223Q1459 07-19-2023

Kim, Peter 08-14-2023

10:00 PDT

36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

X 100

X

334419

750 Employees

N/A

X

36C262

Department of Veterans Affairs

VA San Diego Healthcare System

3350 La Jolla Village Drive

San Diego CA 92161

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

Department of Veterans Affairs

Financial Services Center

Submit invoices electronically through https://portal.tungsten-network.com

(877) 353-9791

See CONTINUATION Page

This solicitation is issued to obtain access control system upgrades for the VA San Diego Healthcare System

Applicable NAICS 334419, Other Electronic Component Manuf

Small business size standard: 750 employees

This solicitation is 100% set aside for SDVOSB vendors.

Site Survey will be at 11PT Mon, Aug 14, 2023 IAW instruction in the Contract Opportunity description.

RFI must be submitted NLT 10PT Thu, Aug 17, 2023.

Submit offers NLT 10PT Wed Aug 30, 2023

SCA WD 2015-5635 R21, eff 12/27/2022 applies to the labor portion of this requirement.

See CONTINUATION Page

X

36C26223Q1459

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

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

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

(DEVIATION)

C.5 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021)

(DEVIATION)

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

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 22

C.8 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

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

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

P01-ENCLOSURE 1 CONTROLLER-READER LOCATIONS

P07-SCA WAGE DETERMINATION

BRAND NAME JUSTIFICATION

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

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] Upon completion and acceptance

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.

Submit invoices electronically through https://portal.tungsten-network.com

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

1. Project Title: Access Controller Replacement, Relocation and CBOC Access Control Migration

2. Background: The Sorrento Valley Clinic (SV), San Diego Counselling Center (SDCC), Aspire Center, Chula Vista CBOC (CV), Kearny Mesa CBOC (KM), Oceanside CBOC (OS), Comp and Pen, San Diego Vet Center, Chula Vista Vet Center, Imperial Valley/El Centro Clinic, Escondido Clinic, the RIO Clinic, and the main facility located in La Jolla are all a part of the VA San Diego Healthcare System (VASDHS) which is one of the most diversified tertiary health care providers within the VA. It is a teaching hospital, providing a full range of patient services, with state-of-the-art technology as well as education and research.

3. Scope: Enclosure 1 outlines the specific locations for card readers and controllers

3A. Access controller replacement and relocation for La Jolla Main Facility

▪ Provide, replace/relocate controller from asbestos to non-asbestos areas.

▪ Install Hirsch MX-8 SNIB3 controllers or equal at the listed locations above.

▪ Replace AMAG card readers with HIRSCH TS ScramblePad readers or equal along the exterior of all facilities accept La Jolla.

▪ VASDHS has a combined total of 103 controllers.

o 37 of the 103 controllers are in asbestos areas.

o Those 37 controllers will be replaced and relocated throughout areas designated by the OIT service, Engineering service and the Police service.

o 20 of the 103 controllers are currently non-MX-8.

o All controllers shall be upgraded to MX-8 SNIB3.

3B. Community Based Outpatient Clinic locations Access Control Migration: (remote locations are highlighted in yellow on the enclosed workbook)

▪ Remove AMAG card readers and replace with Hirsch TS ScramblePad readers or equal.

▪ Provide, replace, and install Hirsch MX-8 SNIB3 controllers and TS ScramblePad readers or equal at the Sorrento Valley Clinic (SV), San Diego Counselling Center (SDCC), Aspire Center, Chula Vista CBOC (CV), and Kearny Mesa CBOC (KM).

▪ Upgrade 9 Oceanside controllers. Currently they are setup as 1 MX2 master and 8 M8 slaves in a daisy chain. The upgrade will include 9 MX8 master controllers.

▪ Sorrento Valley has 9 readers and needs 2 controllers.

▪ San Diego Counseling Center has 6 readers and 1 controller.

▪ Aspire Center has 110 readers and would require 14 controllers.

▪ Chula Vista has 54 readers and 7 controllers.

▪ Kearny Mesa has 127 readers and 16 controllers.

3C. All installations will be in accordance with manufacturer specifications, applicable VA Technical Information Library (TIL) guidelines, and any system configuration necessary for operation. All additional equipment, necessary labor, supervision, and material required to complete the project will be the responsibility of the contractor to procure. Once installation and configuration are complete, two one-hour training sessions will be conducted on the HDVA operation. All existing equipment that has been identified for removal will be returned to the VA San Diego Police Service.

3D. Salient Characteristics - brand name or equal must meet the following.

3D1. TS ScramblePad

• Carrier Frequencies 125 kHz/13.56 MHz

• Reader Output Wiegand

• Current Consumption 150 mA average/230 mA peak

• Power Supply 5 - 16 VDC/PoE (802.3af)

• Product Weight 141 g (4.97 oz) ±5%

• Dimensions Face: 5.75 (H) x 4.37 (W) in (14.6 x 11.1 cm) Body: 4.5 (H) x 3.5 (W) x 1.75

(D) in (11.43 x 8.89 x 4.4 cm)

• Color Black

• Operating Temperature -35 to 65°C (-31 to 149°F)

• Storage Temperature -35 to 85° C (-31 to 185° F)

• High-Frequency Compatibility PIV, PIV-I, CAC, CIV, TWIC, MIFARE, DESFire EV1, EV2, PLAID, ISO15693, ISO14443A/B UID

• Low-Frequency Compatibility HID Prox, Indala, Casi Rusco, AWID, Farpointe, and others

• Operating Humidity 5% to 95% relative humidity (non-condensing)

• Connection Structure Cabling (RJ45) for Power over Ethernet and Terminal Strip* for Wiegand and RS485

• Certifications FCC, UL, CE, IC, RCM, RoHS2, REACH

• FICAM Certifications No

• Warranty Two (2) years

• Mounting Boxes MB1 - Flush Mount, MB2 - Surface Mount, MB2S - Shallow, MB2SL - Sloped (ADA), MB3 - Heavy-Duth (HD) Flush, MB4 - HD Surface, MB5 - Exterior HD Surface, MB9 - HD Sloped, MB20 - HD Combo Surface

3D2. MX8-SNIB3 Controller

• Fully supervised 2, 4, and 8-door models

• Integrated network communication

• Designed for use with Hirsch Velocity Software security management system

• Scalable from a single controller to networked, multi-site installations

• Support for TS Readers, ScramblePad, and MATCH2 reader interfaces

• Onboard MATCH for connecting standard Wiegand readers

• Multi-microprocessor architecture

• Firmware upgrade via Velocity

• MATCH Protocol 24V DC nominal

• Industry Standard Wiegand Devices Login to computer, websites, and SaaS services with a digital certificate or OATH-based OTP

• Command and Control Module (CCMx) • Removable and upgradeable • CCM upgrades through Velocity • CCM updates all microprocessors (including onboard MATCH) • Time zones: 150 • Door groups: 128 • Control zones: 256 • Holiday schedules: 4 (366 days x 2 years) • Daylight savings time adjustment

• Public Private Key Processor and Secure Digital Key Vault Global platform compatible and secure storage of key material

• Buffers • Standard: 1,500 events and 1,500 alarms

• Users • Standard: 4,000 • MEB/CB128: 132,000

• Memory Protection Battery 30 days for code, setups, clock, and buffers

• Security • Enclosure door tamper switch • Key lock

• Enclosure NEMA type with conduit knockouts and removable door

• Dimensions 18 x 15.25 x 5.5 in (457 x 387 x 140 mm)

• Weight 30 lbs (13.6 kg)

• Expansion Boards 6 x 4.25 x 0.75 in (152 x 108 x 19 mm) and 1.0 lb (0.45 kg)

• Operating Temperature Range 32° to 140°F (0° to 60°C)

• Relative Humidity 0 to 90%, non-condensing

• Keypad/Reader Power (8 Terminals) • 1.0 Amp at 24VDC each, fused and resettable •

2.9 Amp at 24VDC each • Powers ScramblePads and MATCH2

• Wiegand Keypad/Reader (8 Terminals) • 500 mA at 12VDC each, fused and resettable •

2.0 Amp at 12VDc total • Powers standard PACS readers

• Power Supply • Switching • 110 - 240 VAC, 50/60, fused

• Standby Batteries 7 AH included

• Door Relays 5 Amp, form C

• Alarm Relays 2 Amp, form C

• Listings and Approvals • UL 294: Access Control Systems Units • UL 1076: Proprietary Burglar Alarm Systems

• MX-8 Model Mx-8 controller, for up to 8 doors

• SNIB3 Secure Network Interface Board 3

3E. Specific Tasks:

1. Contractor shall conduct site preparation to include setting up barriers for any breach of walls and ceiling barriers at any location where dust generation activities may occur due to the installation of security cameras.

2. Contractor shall install all devices, cables, and system accessories in accordance with the manufacturer’s specifications.

3. Contractor shall perform any configurations to the system, if necessary, to ensure the controllers and scramble pads function as intended.

4. Contractor shall implement and maintain infection control measures for the duration of the project including site construction barriers, and negative pressure measures.

Construction barriers shall be in accordance with VASDHS Infection Control Risk Assessment.

5. Contractor is responsible for providing all tools and equipment necessary for installation.

6. Upon completion of work, the Contractor shall leave the worksite in a clean and orderly condition.

7. Contractor shall ensure all newly installed equipment, software, and hardware are up to date and operating as per manufacturer specifications and operating properly.

8. Contractor shall provide equipment manufacturer documentation providing material specifications. Material and equipment must be compatible with the hospital’s existing and planned environment.

9. Contractor shall perform work during normal working hours whenever possible and shall coordinate with Police Service who will then work with the designated COR and the service Nurse Supervisor on duty to minimize the impact on routine operations. When routine operation does not permit installation of equipment, the contractor shall accommodate the unit operating hours and perform construction work after hours.

10. Contractor shall provide and install CAT 6A cable for all new devices.

11. The contractor shall follow the Technical Information Library for all work performed.

3F. Deliverable:

1. Shop drawing of the new system (cable run and equipment location within the designated areas) prior to the start of installation. The contractor will have a meeting with the COR to review the shop drawings and system layout prior to the start of work.

2. The contractor must provide a project schedule within 7 calendar days of NTP.

3. The contractor must provide a work plan prior to the installation of the new security cameras. The plan should identify infection prevention control measures and the proposed sequence of work.

4. The contractor will provide As Build drawings of the installation in full-size drawings and electronic format in AUTOCAD and PDF format at the end of the project.

5. Training for users/ O&M manual one hardcopy and two CDs.

3G. Inspection and Acceptance Criteria: The COR may conduct an inspection of the work performed by the Contractor without the presence of the Contractor and determine whether it is within the standard expressed in this scope of work. It is the VA’s prerogative to hire an independent qualified third party to check the validity of the work performed.

3H. Place of Performance:

▪ Sorrento Valley Clinic: 10455 Sorrento Valley Road, Suite 210, San Diego, CA 92121

▪ San Diego Counselling Center: 7410 Mission Valley Rd., San Diego, CA 92108

▪ Aspire Center: 2121 San Diego Avenue, San Diego, CA 92110

▪ Chula Vista CBOC: 353 H Street, Chula Vista, CA 91910

▪ Kearny Mesa CBOC: 8875 Aero Drive, San Diego, CA 92123

▪ Oceanside CBOC: 1300 Rancho Del Oro, Oceanside, CA 92056

▪ Comp and Pen: 3110 Camino Del Rio S., San Diego, CA 92108

▪ San Diego Vet Center: 2790 Truxtun Rd., Suite 130, San Diego, CA, 92106

▪ Chula Vista Vet Center: 180 Otay Lakes Rd., Suite 108, Chula Vista, CA 91902

▪ Imperial Valley: 1600 S. Imperial Ave., Suite 1, El Centro, CA 92243

▪ RIO Clinic: 8989 Rio San Diego Drive Suite 360 & 180, San Diego, CA 92108

3J. Period of Performance: 60 days after receipt of order

3K. Additional Instructions.

https://www.cfm.va.gov/til/

3K1. Removal of Equipment: Government property shall not be removed from the station without a signed property pass. This property pass may be obtained after the removal is authorized by the Contracting Officer or COR. If sensitive data is stored on the device, the Facility Information Security Officer must be involved and should approve the process of removing equipment from the government site. Equipment shall not be removed by the Vendor from the government site for minor repairs. The Vendor assumes full responsibility for the equipment while it is off-site or in transit.

3K2. Rules of the Station: Contractor shall comply with all rules of the facility, including security badging, non-smoking and privacy, and reporting to the station POC upon arrival at the facility.

3K3. Smoking Policy. Smoking is strictly prohibited on the grounds of any VHA facility. Per VHA Directive 1085 dated March 5, 2019, it is VHA policy that all VHA health care facilities, including hospitals, community clinics, administrative offices and Vet Centers, will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019. There will no longer be designated smoking areas.

3K4. Contractor shall obtain a “Contractor I.D. Badge” from the VA police. All Contractor personnel are required to wear I.D Badge during the entire time on VA campus.

3K5. It is the responsibility of the Contractor’s personnel to park in the appropriate designated parking areas. Parking information is available from the individual VA Healthcare System Police Station

3K6. Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

3K7. Personnel Requirements: Refusal of Contractor’s Personnel: The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contract Personnel performance or conduct shall be dealt with by the Contractor, and/or the station POC with the final decision made by the Contracting Officer.

3K8. Performance Monitoring. The station POC will monitor contractor performance. The station POC will certify the work was done in accordance with the SOW. The station POC will inspect the system once the service has been completed and the system is returned to normal operation. The Contractor shall comply with all applicable regulations and guidelines of the Joint Commission (JC), Occupational Safety and Health Administration (OSHA), California Public Utility Commission and/or any other pertinent federal, state, and local policies relating to the herein mentioned work. All tasks accomplished by the Contractor personnel shall be performed to preclude damage or defacement to patient or Government-owned property, equipment and facilities. The Contractor shall report any damage caused by the Contractor personnel to the COR. The Contractor shall replace items or repair property, equipment or facilities to previous condition, if the Contractor is determined to be at fault for the damage.

3K9. Reporting (During Normal Working Hours); For any repairs or service that will be performed during the normal working hours of 7:00 a.m. through 5:00 p.m., Monday- Friday the Vendor shall check-in with the Police Service and with the COR before proceeding to the job site. Vendor shall also check-out with the COR and Police Service before leaving the job site.

3K9a. Reporting (During Other than Normal Working Hours). On-site services shall be performed during normal working hours (7:00AM – 5:00PM, Monday – Friday) only. A separate, pre-authorized Purchase Order will be required for on-site services performed during other than normal working hours.

3K9b. The contractor is not required to provide service on the following National holidays, nor shall the contractor be paid for these holidays. The following national holidays observed by the Federal Government:

New Year’s Day 1 January

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth 19 June

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day 4th Thursday in November

Christmas Day 25 December

If a holiday falls on Sunday, the following Monday shall be observed as the National Holiday.

When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government agencies. Also included would be any day specifically declared by the President of the United States.

3L. Changes to contract: Only those services specified herein are authorized. The Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery. Changes to the contract are not authorized and reimbursement shall not be made for any work services performed outside the scope of this contract, unless prior authorization is obtained in writing from the Contracting Officer.

3M. Safety

3M1. All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering on VA property shall comply with applicable Federal, State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract.

3M2. Contractor shall perform work in strict accordance with existing relevant, accredited standards and codes to minimize the possibility of injury to personnel, or damage to Government equipment. Every effort shall be made to safeguard human life and property.

3M3. Contractor shall comply with all applicable Federal, State, and local requirements regarding workers’ health and safety. The requirements include, but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR), Parts 1910 and 1926, NFPA 70E, NFPA 99, Article 130.7 29 CFR 1910.132(d)(1)(iii), 29CFR1910.137

3M4. Contractor shall provide all necessary tools, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely.

3M5. Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Fire and safety deficiencies, which exist and are part of the responsibility of the Contractor, shall be immediately corrected. If the Contractor fails or refuses to correct deficiencies promptly, the station POC may issue an order stopping all, or any part, of the work. Contractor shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employee’s fault or negligence. Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government.

3M6. Work may be conducted in areas identified as containing asbestos materials. Contractor shall therefore comply with the public laws and statutes including all changes and amendments of federal, state, and local environmental statutes and regulations governing asbestos containing materials (ACM). Floor plans will be provided to the vendor upon award by the VA Point of Contact (POC).

3N. Insurance Coverage.

3N1. The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of California and/or Nevada laws. The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract.

3N2. The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

3N3. Within 15 days of the awarded contract, the Contractor shall furnish to the Contracting Officer certification from his/her insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without guaranteed thirty (30) day notice to the Contracting Officer. New certifications shall be furnished prior to the expiration date.

(End of Clause)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 EA __________________ __________________

Access Control upgrade components

0002 1.00 JB __________________ __________________

System installation/implementation

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 1.00

0002 1.00

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 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

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

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

(DEVIATION)

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

(1) Means a small business concern—

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

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

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

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

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

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

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

https://veterans.certify.sba.gov/

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

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

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

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

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

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

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

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

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

(2) Supplies/products.

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

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

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

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