S02. 36C26322Q0483 Multistack Re-Fit.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. DUNS: DUNS+4:

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

36C26322Q0483 04-28-2022

Curt LaRose curt.larose@va.gov 605-336-3230 X7573 05-13-2022 10:00am CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

238220

$16.5 Million

N/A

X

VA Medical & Regional Office Center

NETWORK 23 CONTRACTING OFFICE

Tungsten Electronic Invoicing VA Tungsten Number: AAA544240062 va.registration@tungsten-network.com refer to VAAR Clause 852.232-72

See CONTINUATION Page

Factory re-design of the Multistack chiller located in Bldg 1 Room B024A at the Omaha VAMC for the Department of Veterans Affairs Nebraska Western-Iowa Health Care System as per the Statement of Work in section B.3.

This is a 100% Service-Disabled Veteran-Owned Small Business set-aside; all offerors must be certified and registered in the Vendor Information Page(VIP) database at time of offer.

Limitations on Subcontracting (LOS) apply. LOS certificate in section C.6 must be signed and submitted with quote.

All questions regarding this solicitation must be received by 05/06/2022 10:00am CDT. A site-visit is scheduled for 05/03/2022 at 08:00am CDT. Interested parties must contact Josiah Curley at josiah.curley@va.gov to make arrangements for the site-visit.

The contract will be awarded to the Lowest Price/Technically Acceptable quote (see section E.5 for technical factors).

See CONTINUATION Page

636-3620162-5058-854100-3220-010055592 636-22-2-5058-0067

X X

Curt LaRose

36C26322Q0483

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

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

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

COMPLIANCE (JUL 2018)

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 IT CONTRACT SECURITY

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.216-1 TYPE OF CONTRACT (APR 1984)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

1998)

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263, Curt LaRose

NETWORK 23 CONTRACTING OFFICE

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 [X]

b. Semi-Annually []

c. Other

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.

Department of Veterans Affairs Tungsten Electronic Invoicing VA Tungsten Number: AAA544240062 va.registration@tungsten-network.com refer to VAAR Clause 852.232-72

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

AMENDMENT NO DATE

6. INVOICING: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.

Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact the phone numbers or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• e-Invoice Setup Information:

• e-Invoice email:

• FSC e-Invoice Contact Information:

• FSC e-invoice email: vafsccshd@va.gov

Tungsten e-Invoice set-up information: 877-489-6135 Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com FSC e-Invoice Contact Information: 877-353-9791 FSC e-Invoice email: vafsccshd@va.gov More information on the FSC electronic invoicing process can be found at http://www.fsc.va.gov/einvoice.asp.

7. VA ISSUED BADGE: Contract employees may be required to obtain a VA Flash Badge or Visitor Badge while physically located within the VA facility. Determination of badging will be made by the Omaha Project Manager. If required to obtain a VA Flash Badge, contract employees will be required to present 2 forms of government identification for verification of contract employee.

8. COVID RELATED FACILITY ENTRANCE PROCEDURES: Contract employees will be subject to COVID-related facility entrance procedures which includes testing and wearing appropriate face covering. Additional details will be provided by the Sioux Falls Project Manager prior to arrival at the VA facility.

9. CONTRACTOR ATTIRE AND IDENTIFICATION. The Contractor shall wear industry clothing that enables easy recognition as a “Contract Employee.” Clothing shall present a neat, distinctive appearance; shall be clean and maintained in good repair; and shall be worn as designed by the manufacturer. The Contractor shall wear appropriate clothing with logo identifying the contractor’s and employee’s name. The Contractor’s attire and presentation shall be appropriate per industry standard.

10. EMERGENCY PROCEDURES. The Contractor shall take such safety precautions as necessary to protect the lives and health of occupants of the buildings. The Contractor shall comply with applicable Federal, State, Local and facility safety and fire regulations and codes which are in effect at the beginning of the contract period. The Contractor shall keep abreast of and comply with changes in these regulations and codes applicable to the contract. The Contractor shall follow applicable facility policies concerning fire and/or disaster events. The Contractor shall display approved warning devices in all areas where operations may cause traffic obstruction or personnel hazard.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

FACTORY RE-DESIGN OF EXISTING MULTISTACK

CHILLER LOCATED IN BUILDING 1 ROOM B024A OF

THE OMAHA VAMC AS PER THE STATEMENT OF

WORK.

Contract Period: Base POP Begin: 06-01-2022 POP End: 05-31-2023 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

GRAND TOTAL __________________

Multistack Factory Re-design/retrofit – NWIHCS

B.3PWS-6

B.3 PERFORMANCE WORK STATEMENT

1) GENERAL DESCRIPTION:

a. This contract pertains to a factory re-design effort to the existing Multistack chiller located in Building 1 Room B024A at the Omaha VAMC for the Department of Veterans Affairs Nebraska-Western Iowa Health Care System. The intent of this project is to re-design/retrofit the chiller system using water-cooled scroll modular condensing units with 70-ton modules having two independent refrigerant circuits using tube and shell heat exchanger condensers capable of matching the exact current original equipment manufacturer’s design outputs and specifications.

2) PERFORMANCE LOCATIONS:

a. Department of Veterans Affairs Nebraska-Western Iowa Health Care System, Omaha Division Medical Center, 4101 Woolworth Avenue, Omaha, NE 68105

3) PERFORMANCE PERIODS:

a. June 1, 2022 to December 1, 2022.

4) SERVICE HOURS:

a. Normal operational hours are 06:00-17:00.

b. All installation/service work included within this document (not emergency/after-hours services) are to be performed on weekdays during normal business hours between 06:00 CST to 17:00 CST unless other arrangements have been made by the VATR due to the potential clinical impacts and risks to patients by the nature of the required contractor work.

c. Work will not be done on federal holidays, unless the VATR gives prior, written approval. A list of federal holidays is at Federal Holidays (opm.gov).

5) VA NEBRSAKA-WESTERN IOWA HEALTH CARE SYSTEM CONTACT INFORMATION:

a. Normal Work Hours (i.e., 06:00-17:00):

i. Omaha VA Medical Center contacts:

1. Primary - Josiah Curley 402-995-5545 & 918-581-4171

Josiah.Curley@va.gov

2. Secondary - Griffin Walsh 402-995-3741 & 531-232-9231

Griffin.Walsh@va.gov

3. Tertiary - Jeffrey Fryman 402-995-3410 & 402-637-3813

Jeffrey.Fryman@va.gov

ii. Grand Island VA Medical Center Contacts:

1. Primary - Josiah Curley 402-995-5545 & 918-581-4171 Josiah.Curley@va.gov

2. Secondary - William Sis 308-382-3660 & 918-613-1621 William.Sis@va.gov

3. Tertiary - Roy Hurd 402-995-4450 & 402-779-5456 Roy.Hurd@va.gov

b. After-Hours Work (i.e., outside of 06:00-17:00):

i. Omaha VA Medical Center

1. Primary - Boiler Plant Operators 402-995-4830

2. Secondary - AC Plant Operators 402-995-3280

ii. Grand Island VA Medical Center

1. Primary - Boiler Plant Operators 308-395-3400

6) EQUIPMENT LIST:

a. Make: Multistack

b. Installation year: 2014

c. Refrigerant Type: R410A https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

B.3PWS-7

d. Location: Room B024A

e. Model Number: M9070XC5A-1W2AAC-410A

f. Serial Number: AE-11-080

g. Type: Modular

h. Capacity: 490 tons

i. CHW GPM: 1080

j. CW GPM: 1350

k. Modules: 7 + 1 master control module

7) CONTRACTUAL REQUIREMENTS AND PERFORMANCE CRITERIA:

a. REPORTING

i. The prime contractor personnel shall report to the VA site representative at the Engineering Services department to sign in and acquire a badge (where possible). If unable to do so in person, the prime contractor shall contact the VATR/COR using the information above in section 5.

ii. The prime contractor personnel shall report to the VA site representative to sign out and return the badge before departing the VA facility at the end of each week. If unable to do so in person, the prime contractor shall contact the VATR/COR using the information above in section 5 if the prime contractor is unable to be present when the agent of the prime is attempting to check in or out at the beginning or end of each day.

iii. The contractor personnel shall wear an identification badge provided by VA when working under the resulting contract on Federal property.

b. SERVICES – The Contractor shall perform a factory re-design to the Multistack chiller to install a chiller system with a water-cooled scroll modular condensing unit with 70-ton modules (total 490 tons) having two independent refrigerant circuits using tube and shell heat exchanger condensers capable of matching the exact current original equipment manufacturer’s design outputs and specifications. All equipment used to complete the following services listed below shall be purchased through the OEM or an authorized OEM dealer, to guarantee the equipment performance (e.g., tube and shell heat exchangers). If certain necessary equipment that does not directly affect the engineering design outputs of the chiller as intended originally by the manufacturer is required to complete the services below, those equipment and materials can be purchased outside of the OEM provided that the vendors providing the non-OEM manufactured materials are on an approved vendor list of the Multistack chiller’s OEM.

i. Mechanical Cooling – New Compressor

1. Replace Qty (1) compressor

2. Add Qty (1) compressor suction clean up kit to replaced compressor

3. Replace Qty (1) compressor contactor (new compressor)

4. Install all new refrigerant for circuit with new compressor

ii. Mechanical Cooling – Refrigerant systems

1. Recover refrigerant 14 of 14 circuits

2. Install refrigerant piping as necessary to new heat exchangers

3. Install service access liquid line and discharge line for future service

4. Install pressure relief valves as necessary for protection of heat exchanger and piping

5. Install relief valve vent piping to allow for discharge to outside space

6. Install discharge and liquid line isolation ball valves serving shell and tube condenser

7. Install dual core refrigerant filter drier in liquid lines

B.3PWS-8

8. Install water piping and refrigerant piping hangers and supports as needed

9. Install new refrigerant to each circuit to bring back to design charge accounting for new heat exchangers

10. Install liquid line refrigeration sight glass each circuit

11. Nitrogen purge all copper piping during install

12. Nitrogen pressure test each circuit

13. Pull vacuum to 500 microns and record data each circuit

14. Reinstall recovered refrigerant

15. Remove and discard sound panels as necessary

16. Add oil as necessary for design operation at full load

17. Start up and check operations

iii. Tune thermostatic expansion valves to proper superheat each circuit

1. Log flow rates and pressure drop on new heat exchangers

2. Log circuit and chiller operations

3. Take oil samples 14 of 14 circuits after 1 week run time

4. Relocate equipment sensors as necessary for proper operation

5. Provide written reports to VA for documentation purposes and project tracking

iv. Mechanical Cooling – Chilled Fluid System

1. Install rack assembly for shell and tube condensers. Rack assemblies to maintain clearance and access for brushing tubes

2. Install shell and tube condenser heat exchangers to meet design tonnage

3. Heat Exchanger:

4. Shell side MAWP 700psi at 150F

5. Tube side: 150psi at 150F

6. Shell and tube condenser minimum fouling factor .00025

7. Re-route and re-use existing water piping, fittings, and trim as much as possible. Install new water piping as necessary to new shell and tube condensers to allow for design flow rates.

8. Install water strainers 74” total screen area square inch minimum per circuit

9. Stainless steel Teflon coated 30 mesh

10. Water strainers to maintain service access for cleaning and ease of removal

11. Install water isolation valves (inlet and outlet piping) each circuit

12. Install drain valve each circuit

13. Install pressure gauge taps each circuit supply and return water side with common line, gauge, blow down, and valves as necessary for checking pressure drop

14. Install pressure gauge taps main header supply and return water side with common line, gauge, blow down, and valves as necessary for checking pressure drop

15. Install flow switch and wiring as necessary

16. Remove and discard sound panels as necessary

17. Log flow rates and pressure drop on new heat exchangers

18. Log circuit and chiller operations

19. Provide written reports to VA

v. The contractor shall furnish necessary labor, tools, equipment, personnel, and transportation to complete each of the above service actions mentioned above by reasonably achievable means upon award. The awarded contractor must

B.3PWS-9

abide to the contractual requirements and performance criteria outlined in this section of the performance work statement.

c. GENERAL REQUIREMENTS

i. All work will be done safely and in accordance with OSHA Regulations, VHA

Directives, and the State of Nebraska Regulations. The contractor will be responsible for ensuring that workplace safety regulations (i.e., OSHA) are always adhered and that a clean, non-cluttered workspace is maintained upon completion of any installation and maintenance work.

ii. At no time will subcontractors be left unsupervised by prime contractors on VA property. A representative from the prime contractor (prime contractor meaning representative of the business/organization that the VA has entered into a bilateral contracting agreement with) must be present at all times to supervise work being performed on their behalf.

iii. At no time will contractors leave leftover equipment on location when work being performed is not continual 24-hour work unless VA personnel have given written permission to the contractor to do so.

iv. The vendor will provide a detailed service schedule of all equipment listed in this performance work statement five days after award notification from the VA Nebraska-Western Iowa Health Care System contracting department. The maintenance schedules must also be approved by the VA Nebraska-Western Iowa Health Care System Engineering Services department before commencing with work listed. All modifications to the approved maintenance schedule must be approved by the VA Nebraska-Western Iowa Health Care System Engineering Services department and Contracting department.

v. The contracted vendor (primary contractor) will be required to meet with the VATR within five days post notification of award to hold an award kickoff meeting to discuss the contents contained within the performance work statement to ensure that questions, concerns, and expectations are brought up prior to the start of work to remove any contractual and expectation ambiguity during the performance period with the VA.

vi. The cost of the labor and installation services proposed by the contractor shall be reasonably achievable both economically and practically as well as be thorough enough to remain compliant with VA standards and industry recommended practices where obtainable. All proposed repair/installation actions outside of this performance work statement shall require written prior approval by the VATR before work commences.

8) REPAIR WORK:

a. If additional work not included under the definitions laid out in this document are required to satisfy the contractual requirements and performance criteria, the contractor shall provide the nature of the repair and a budgetary cost estimate in the format of a detailed cost line-item quote (including line items for labor, materials, and all other related costs) needed to complete repairs in an inspection summary report.

Any additional charges and repair work claimed must be approved by the contracting officer before service commences. Any additional work performed by the contractor without the prior written approval of the CO will be performed by the contractor at no additional cost to the government.

b. Once it has been determined and agreed upon both by the VA and the contractor that the additional services needed to affect repairs are not included in this contractual performance work statement, monetary funds will need to be requested

B.3PWS-10

and approved by means of a PO with a GPC if total repair expenses are less than $2500.00 or through means of a contract modification if total repair expenses are greater than $2500.00. The VATR does not have the authority to approve the work outside of the performance work statement and any work performed by the contractor in good faith outside of the performance work statement. Any work performed by the contractor without the approval of the contracting officer or an approved purchase through a credit card PO will be completed or resolved at the expense of the contractor and not the VA.

c. The contractor shall provide all equipment and materials (i.e., tools, PPE, transportation, etc.) needed to provide the services in this contract for all the listed action items. Parts may be repaired or replaced, as the contractor deems appropriate, so long as amount listed in CLINs cited in Price Schedule are not exceeded. No used parts will be used to repair this equipment. Contactor shall furnish the VATR with a written estimate of the cost to make necessary repairs.

Contractor shall also provide a comparison quote to the VATR for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative, Contractor shall provide a quote provided to another federal agency for similar item for determination purposes.

If cost exceeds cost listed for applicable line item in Section B.2 (Price Schedule), the Contracting Officer shall issue a bilateral contract modification to increase funding for this line item per coordination with VATR and after determination of price fair and reasonableness.

9) HOURS OF WORK:

a. Routine Work: Routine work connected with this contract shall be performed between the times of 06:00 and 17:00 local time defined as normal working hours unless explicitly stated in the performance work statement.

b. Emergency/After-hours Work: Emergency/After-hours work is defined as work performed after normal working hours. As specified earlier on in paragraph two, the contractor shall be required in some instances to work other than normal working hours. Approval of the COR shall be obtained prior to starting work during other than normal working hours to ensure services are needed after hours and are included in this performance work statement. If the CO determines that the work needed is outside of the performance work statement, then a contract modification may be pursued at the VA’s sole discretion.

10) CONTACT INFORMATION:

a. The contractor shall provide to the contracting officer and the VATR specific mobile number(s), email address (es) and/or SMS texting number(s) which can always be used to alert the contractor, including weeknights, weekends, and holidays. In addition, the Government shall provide the contractor the names of the agency personnel authorized to initiate emergency service calls – contracting officer, contract monitor (COR/VATR), and/or alternate contract monitor (alternate COR/VATR). Both parties entering the contractual agreements will include three points of contact as a double redundancy for communication and information relaying.

11) REPORTING AND DOCUMENTATION:

a. The contractor will be responsible for providing documentation of incremental work completed to the primary and secondary points of contact listed prior. Documentation

B.3PWS-11

should be submitted to the VA representatives when labor of any kind is performed, installation of equipment is completed, system components are certified, or emergency service work is finished. The documents (in the form of electronic documents, preferably PDFs) should regularly be emailed to the VATR at least one week after inspection to include maintenance provided, whether or not the unit passed, and any other deficiencies with the equipment to include cost line items and weekly so that a comprehensive schedule of the contractor’s work is retained for records as required by government records agencies. No digital files shall be accepted through means of a USB as these instruments pose a risk to VA security.

12) GENERAL REQUIREMENTS

a. The contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property. Among all other requirements, the VA Health Care System and its property is now entirely smoke-free. No weapons are permitted on the premises.

13) GRAY MARKET PREVENTION LANGUAGE

NOTE: ALL PARTS FOR THIS REBUILD MUST BE MULTISTACK (OEM) PARTS.

a. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a services contract for maintenance of medical equipment for VA Health Care Systems. No remanufactures or gray market items will be acceptable.

b. The contractor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed medical supplies, medical equipment, and/or services contracts for maintenance of medical equipment (i.e., replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

c. The delivery of gray market items to the VA in the fulfillment of an order/award/contract constitutes a breach of contract. Accordingly, VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at VA’s election, allowing the contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA Health Care System upon discovery of such items.

14) NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RECORDS

MANAGEMENT LANGUAGE FOR CONTRACTS

a. Citations to pertinent laws, codes, and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a);

36 CFR Part 1222 and Part 1228.

b. The contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. The contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

B.3PWS-12

d. The contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

e. The contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f. The Government Agency owns the rights to all data/records produced as part of this contract.

g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h. The contractor agrees to comply with federal and agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [email, fax, etc.] or state of completion [draft, final, etc.].

i. No disposition of documents will be allowed without the prior written consent of the contracting officer. The agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of federal records is subject to the fines and penalties imposed by 18 U.S.C.

2701. Records may not be removed from the legal custody of the agency or destroyed without regard to the provisions of the agency records schedules.

ii. The contractor is required to obtain the contracting officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The contractor (and any sub-contractor) is required to abide by government and agency guidance for protecting sensitive and proprietary information.

15) VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR ENSURING ADEQUATE

COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

a. The contractor employees who work in or travel to VHA locations must comply with the following:

b. Documentation requirements:

i. If fully vaccinated, shall show proof of vaccination

1. 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.

ii. If unvaccinated and granted a medical or religious exception, 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.

B.3PWS-13

iii. 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 VATRs or other hospital personnel.

iv. 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.

c. The 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 following website: COVID-19 Screening Tool. Regularly check the website for updates.

d. The contractor employees who work away from VA locations, but who will have direct patient 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.

e. The contractor must immediately notify the Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.va.gov%2Fcovid19screen%2F&data=04%7C01%7C%7C180e5dd7385a45f5f9d008d98dcf9308%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637696745051115681%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=po%2FZz%2BKDyYEFZzFmk93K6CSJELi5p5%2BOORs0BfOYmLQ%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.va.gov%2Fcovid19screen%2F&data=04%7C01%7C%7C180e5dd7385a45f5f9d008d98dcf9308%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637696745051115681%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=po%2FZz%2BKDyYEFZzFmk93K6CSJELi5p5%2BOORs0BfOYmLQ%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.va.gov%2Fcovid19screen%2F&data=04%7C01%7C%7C180e5dd7385a45f5f9d008d98dcf9308%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637696745051115681%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=po%2FZz%2BKDyYEFZzFmk93K6CSJELi5p5%2BOORs0BfOYmLQ%3D&reserved=0

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

and

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

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

(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. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

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

The Government may require continued performance of any…