S02 RFP 36C26220R0118 PM Repairs and Load Testing VA Patient Lift Devices-7-16-2020.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. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 65

36C26220R0118 07-16-2020

Soledad De La Torre (562)766-2313 08-07-2020

10:00AM PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

811219

$22M/J099

N/A

X

Department of Veterans Affairs VA San Diego Healthcare Systems

3350 La Jolla Village Drive San Diego CA 92161

36C262

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 Contractor shall bill in arrears to:

Tungsten Network http://www.tungsten-network.com/us/

See CONTINUATION Page

Contractor shall provide Annual Preventive Maintenance and Repair and Load Testing of VA Patient Lift Devices at the VA San Diego Healthcare Systems (VASDHS) and Oceanside Clinic.

Set-Aside Service-Disabled Veteran Owned Small Business

(SDVOSB).

See subsequent pages for details:

664-3600160-038-828800-2520 010050190

X X

X 1

Michael Cordeiro Contracting Officer

36C26220R0118

Table of Contents

SECTION A

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

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES AND PRICING

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST

C.3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

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

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

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION

OF COMMERCIAL ITEMS (APR 2020)

C.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 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 ITEMS (MAR 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS (OCT 2018)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (MAR 2020)

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: ________________________________________

b. GOVERNMENT: Department of Veterans Affairs Soledad De La Torre, Contract Specialist Network Contracting Office VISN 22 (NCO 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 - Other than System for Award Management (SAM), or

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

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 Financial Services Center Contractor shall bill in arrears to:

Tungsten Network http://www.tungsten-network.com/us/

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

AMENDMENT NO DATE

6. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: In accordance with FAR Provision 52.212-1 paragraph (j), please provide the Dun and Bradstreet Number assigned to your firm in the space provided below: DUNS# ____ ____ - ____ ____ ____ - ____ ____ ____ ____ http://www.tungsten-network.com/us/

B.2 SCHEDULE OF SERVICES AND PRICING

1. The Contractor’s price includes all materials and labor to perform Annual Preventive Maintenance and Repair and Load Testing of VA Patient Lift Devices of 195 Government-Owned located at the VA San Diego Healthcare System (VASDHS) at 3350 La Jolla Village Drive, San Diego, CA 92161 and include outlying Oceanside Community Base Out-Patient Clinic located at 1300 Rancho Del Oro Drive Oceanside, CA 92056.

The contract period shall be for one (1) base year, with the Government having the option to exercise four (4) one-year option periods.

BASE YEAR (12 MONTHS): September 28, 2020 through September 27, 2021

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT

UNIT PRICE AMOUNT

195 EA $ $

Annual Preventive Maintenance, Repair, and Load Testing of Patient Lift Devices (includes parts).

BASE YEAR

TOTAL:

OPTION YEAR ONE (1) (12 MONTHS): September 28, 2021 through September 27, 2022

ITEM

NUMBER

OPTION YEAR

ONE (1) TOTAL:

OPTION YEAR TWO (2) (12 MONTHS): September 28, 2022 through September 27, 2023

NUMBER

TWO (2) TOTAL:

OPTION YEAR THREE (3) (12 MONTHS): September 28, 2023 through September 27, 2024

ITEM

NUMBER

THREE (3)

OPTION YEAR FOUR (4) (12 MONTHS): September 28, 2024 through September 27, 2025

NUMBER

FOUR (4)

AGGREGATE TOTALS

SCHEDULE OF SERVICES AND PRICING

VA SAN DIEGO HEALTHCARE SYSTEM

PERIOD OF PERFORMANCE DOLLAR VALUE

Base Year September 28, 2020 through September 27, 2021 $ Option Year 1 September 28, 2021 through September 27, 2022 $ Option Year 2 September 28, 2022 through September 27, 2023 $ Option Year 3 September 28, 2023 through September 27, 2024 $ Option Year 4 September 28, 2024 through September 27, 2025 $

Total Base Year + Four (4) One-Year Options: $

B.3 STATEMENT OF WORK

1. General Information

1.1 The Contractor’s price in this schedule shall include all materials and labor to provide Annual

Preventive Maintenance and Repair and Load Testing of 195 VA Patient Lift Devices located at the Department of Veterans Affairs VA San Diego Healthcare System (VASDHS) and include outlying VA Oceanside Clinic.

2. Participation Facilities

VA Location Number of Units at Location VA San Diego Healthcare Systems 3350 La Jolla Village Drive San Diego, CA 92161

189 Units

Oceanside Community Base Out- Patient Clinic 1300 Rancho Del Oro Drive Oceanside, CA 92056

6 Units

3. BackgroundDue to the increasing number of patient lifts and to continue to support safe patient handling for the safety of Nursing Staff and Veterans, patient lifts must be maintained on a regular basis in accordance with manufacturer and patient safety alerts. The VA San Diego Healthcare Systems has 195 active Patient Lifts Devices. The amount of lifts is expected to grow with the completion of ongoing construction projects.

4. Scope

4.1 The Contractor shall provide Preventive Maintenance and Repair of 195 VA Patient Lift

Devices in accordance with the manufacture Arjohuntleigh and Liko Service Manual for the following:

a) 175 Arjohuntleigh Lifts

b) 20 Liko Lifts.

5. Services to Be Provided

5.1 Preventive Maintenance: The Contractor shall perform the following Quarterly, but not limited in regard to corrective & preventive maintenance & both annual and quarterly inspection forms as general guidance but does not supersede any updated manufacturer recommendation except in the case the checklist provides more coverage:

a) Corrective and Preventive Maintenance Checklist.

b) “AL14-07 ChecklistforCMamdPM”.

c) VA “Annual and Quarterly Inspection forms/Checklist”.

d) All Patient Lift Annual & Quarterly Inspection Forms.

5.2 Preventative Maintenance and Repair and Load Test Inspections shall be provided during the contract period and in accordance to manufacturer specifications once a year at a predetermined time frame. The scheduling of preventive maintenance inspections shall coordinate with the COR. Preventive maintenance inspections will be performed in a manner which clearly demonstrates that the equipment meets or exceeds all manufacturers’ technical performance specifications. Maintenance will include, but not limited to:

a) Reviewing operating systems diagnostics to ensure that the equipment is operating within specifications.

b) Calibrating, Cleaning and lubricating of the equipment.

c) Replacing and worn or defective parts (parts shall be purchase by the government).

d) Filling out tagging the equipment with an engineering inspection sticker per

Engineering Guidelines.

e) Installing and maintaining all recommended updates.

f) Inspecting electrical wiring for wear and fraying.

5.3 Time to perform maintenance is to be coordinated with COR to comply with VA San Diego

Healthcare System Medical Equipment Maintenance Program (VASDHS MEMP).

5.4 The Contractor shall be provided Preventative Maintenance stickers to affix to units once work is completed. They are to be filled by Contractor accordingly to include the next Preventative Maintenance due date.

5.5 The COR shall notify the Contractor when a lift fails to fall within the manufacturers’ specification or when COR determines the lift to be in an unsafe condition.

5.6 The Contractor and the Contracting Officer’s Representative (COR) will coordinate and agree to the required preventative maintenance schedule. All parts, materials and labor not included in this contact shall be paid through a separate purchase order (PO).

5.7 All work must be accomplished by qualified technicians in accordance with the original manufacturer’s instructions, including, but not limited to, adjustments, calibrations, cleaning, lubrication, testing, disassembly, checkout and replacement of worn and/or defective parts Contractor shall be engaged full-time in the maintenance and repair of the equipment.

5.8 The Government reserves the right to accept or reject Contractor’s employee for the rendering of services. Complaints concerning Contract Personnel’s performance or conduct will be dealt with by the Contractor and COR with the final decision being made by the Contracting Officer.

5.9 The preventative maintenance to be performed on the lifts must be in accordance with the original equipment manufacturers service manual checklist.

Note: This report must be approved and signed by Engineering personnel or their representative. A copy of each report will be left with Engineering. In the event that Biomedical Engineering is not available to receive the service report (outside normal working hours), the service report will email to Engineering.

6. Service Calls

6.1 The Contractor shall respond within one (1) business day of notification to repair patient lifting device. Telephone Technical Support: The Contractor shall supply Telephone assistance 24/7, 365 days a year.

7. Parts

7.1 The Contractor shall furnish and replace all necessary part to return equipment to full manufacturers published specifications. All parts shall be Original Equipment Manufacturer (OEM) parts.

7.2 The Contractor will supply, at its own expense, necessary factory-certified equipment manufactured parts, provided the replacement of the parts is required because of normal wear and tear, or outright failure or as otherwise deemed necessary by the contractor.

7.3 All parts shall be of current manufacture and shall have versatility with presently installed equipment. All major components and parts furnished shall carry the manufacturers’ standard commercial warranty.

7.4 All newly installed parts will become property of the Government. Replaced parts are to be disposed of by the Contractor after approval by the COR.

7.5 All worn or defective parts are to be replaced at no cost to the Government. Operating and consumable supplies are not included in this contract.

7.6 Hardware and software upgrades will be scheduled and performed during normal working hours, at no additional charge to the VA. These upgrades are those required for the correct function of the system; not those purchased to enhance function.

8. Labor

8.1 The Contractor shall provide all labor associated with the periodic maintenance of the equipment covered under the contract agreement. Inadequate or improper repairs performed by the contractor will be correctly repaired at a time convenient to the VA at no additional expense to the VA. There will be no limitation to the number of labor hours provided within the stipulated time frames of contract coverage.

8.2 Only those services specified herein are authorized under this contract. Before performing any service or repairs of a non-contract nature, the COR or Contracting Officer must be advised of the reasons for this additional work. If appropriate, the Contracting Officer or his/her designee may authorize the additional services or repairs under a separate purchase authorization. The Vendor is cautioned that only the Contracting Officer may authorize additional services or repairs and that reimbursement will not be made unless this prior authorization is obtained.

9. Contractors Responsibility

9.1 The Contractor shall provide all necessary materials, labor, parts, equipment, tools, certified technicians, travel, supervision, control and disposal of hazardous, nonhazardous licensed, training, proof of licensing, documentation of required services, and permits when required All maintenance is to be performed in accordance with manufacture care (Arjohuntleigh Lifts and Liko Lifts.

9.2 Contractor shall be engaged full-time in the maintenance and repair of the equipment.

9.3 Contractor shall have access to complete service manuals

9.4 Contractor shall, without exception, provide all hand tools, diagnostic test equipment, ladders, and anything else necessary to perform the work.

9.5 Contractor shall have full access to all diagnostic software (OEM privileges) to fully perform periodic maintenance.

9.6 It is the sole responsibility of the contractor to perform all preventive maintenance inspections. The VA will not assume the responsibility of reminding the contractor that a preventive maintenance inspection is due to be performed. If a PM is not performed within the month specified, the amount corresponding will be deducted from the contractor’s payments. Preventive maintenance inspections will be performed on a weekday at a time set once the contract is awarded. The equipment user and COR must all agree to the recurring time set for preventive maintenance inspections.

Note: To ensure proper equipment history documentation, the contractor will forward all preventive maintenance records within 5 working days of completion to Engineering Services.

10. Submission Reports

10.1 Contractor shall provide individual Written Service Reports which describe services performed on the equipment to assure lift compliance (in sufficient detail to be acceptable to the field inspectors of the Joint Commission). Reports should provide the following components at minimum:

a) Date of service

b) Summary of problem and action taken

c) Parts replaced

d) Labor hours

e) Travel time

f) Equipment serviced (description, Equipment ID #, serial number, etc.)

g) Purchase order number

h) Structure

i) Rails/Tracks and End stops

j) Lift unit and straps

k) Load Test Results

l) Lift specific items: Manufacturer, model, serial number.

m) Facility Specific Items: Lift location by room number

n) Affixed Equipment Entry (EE) Number

o) Inspector performing Preventative Maintenance

10.2 The Contractor shall provide an updated binder of maintenance records performed and provide an electronic copy of these records to VA San Diego Engineering M&R section for filing.

10.3 The Contractor shall provide a monthly status report of operational values of the systems, including troubleshooting.

10.4 Service Technician shall document and report to the using service and COR, any unsafe condition concerning this medical equipment or signs of misuse or neglect. Service Technician shall document the field service report all findings of problems and their correction, including all performance verification.

11. Contractor Qualifications

11.1 The Contractor shall provide Original Equipment Manufacturer (OEM) Certified Personnel that have obtained Technical Training and are certified to perform preventive maintenance on the Arjohuntleigh and Liko Lift Patient Lift Devices.

11.2 Contractor Technician must be certified to work on Patient Lift Devices and Load Testing.

The Diploma must read Arjohuntleigh and Liko Training Certified”. If the Contractor is not already certified at the time of the proposal submission, the proposal will not be accepted.

11.3 The Contractor Technician must be competent Field Service Engineers (FSE) who have been

Fully Trained to perform work on the specific equipment in accordance with the OEM’s PMI/ repair procedures. “Fully qualified” is defined as factory-trained or equivalent and experienced to work on the equipment assigned.

11.4 Contractor and its personnel shall have OEM experience and expertise to perform maintenance and repair of the patient lifts equipment and load testing.

12. Government Furnish Equipment (GFE)

12.1 The Government shall not furnish parts and/or test equipment for the performance of this contract. It is the responsibility of the Contractor to bring the appropriate equipment and/or supplies necessary to complete the work as required within.

13. Removal of Equipment

13.1 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 Contractor from the government site for minor repairs.

13.2 The Contractor shall be responsible for damage to or loss of VA equipment while in

Contractor or service Contractor custody. Contractor personnel are the sole responsibility of the service Contractor personnel. No additional charge shall be allowed for work performed off-site, or any additional time required. The Contractor assumes full responsibility for the equipment while it is off-site or in transit.

14. Contracting Officer Representative (COR)

14.1 No service shall be provided without the approval of the Contracting Officers Representative (COR) or his/her designee of this contract. The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or his/her delegated representative acting within the limits of his/her authority.

14.2 Contracting Officer Representative (COR): A COR may be delegated to assist the CO in the administration and monitoring the resulting contract. A Delegation of Authority letter issued to the COR, a copy of which will be sent to the Contractor, will state the responsibilities and limitations of the COR. The COR is not authorized to change any of the terms and conditions of the resulting contract.

15. Contractor Point of Contacts

15.1 Contractor Point of Contact: The Contractor shall assign a Point of Contact (POC) and an alternate POC for the purpose of ensuring compliance with all the terms and conditions of this contract and who shall be responsible for administration and clinical matters in the performance of services under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The POC shall be available by telephone Monday through Friday, between 7:00 a.m. to 4:00 p.m.

excluding National Holidays.

16. Check-In And Check-Out Instructions

16.1 During Normal Working Hours – For any repairs or service that will be performed during the normal working hours of 7:00 a.m. through 4:00 p.m., Monday- Friday the Contractor shall check-in with the Police Service and with the COR before proceeding to the job site.

Contractor shall also check-out with the COR and Police Service before leaving the job site.

16.2 During Other than Normal Working Hours – On-site services shall be performed during normal working hours (7:00AM – 4:00PM, Monday – Friday) only. A separate, pre-authorized Purchase Order will be required for on-site services performed during other than normal working hours.

17. Changes/Authorized Services

17.1 Only those services specified herein are authorized under this contract. Before performing any service or repairs of a non-contract nature, the COR or Contracting Officer must be advised of the reasons for this additional work. If appropriate, the Contracting Officer or his/her designee may authorize the additional services or repairs under a separate purchase authorization. The Contractor is cautioned that only the Contracting Officer may authorize additional services or repairs and that reimbursement will not be made unless this prior authorization is obtained.

17.2 Complaints: Contractor shall promptly and courteously respond to complaints within 3 working days. Including complaints brought to contractor’s attention by the CO. Contractor shall maintain a written record of all complaints, both written and oral showing the identity of the individual, the nature of the complaint, and contractor’s response. Contractor shall permit the Government to inspect such records upon reasonable notice.

18. Contractor Submittals/Insurance Requirements

18.1 Prior to commencement of work to be performed, the Contractor shall furnish an insurance certificate indicating that the coverage outlined in paragraphs a and b have been obtained and that it may not be changed or canceled without a guaranteed thirty (30) day notice to the CO.

a) The Contractor shall maintain Workers Compensation and Employee’s Public

Liability Insurance in accordance with the laws of California.

b) The Contractor shall comply with all applicable Federal and State laws regarding liability for the injury or death of an employee in performing the work under this contract and shall hold the Government harmless against any or all loss, cost, damage, claim expense or liability for accident or injury to persons or property occurring in the performance of this contract.

19. Safety And Fire Prevention

19.1 In the performance of this contact, the Contractor shall take such safety precautions as necessary to protect the lives and health of the occupants of the building. 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 COR may issue an order stopping a11, or any part, of the work. The Contractor shall comply with applicable Federal, State, and local safety and fire regulations and codes, which are in effect during the performance period of the contract. The Contractor personnel shall follow applicable facility policies concerning fire/disaster programs.

20. Conflict of Interest

20.1 The Contractor shall not employ any person who is an employee of the United States

Government if the employment of that person creates a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Veterans Affairs (VA) unless such person seeks and receives approval in accordance with VA Regulations and public law. Nor shall the Contractor employee any person who is a member of the immediate family of a VA employee employed at the VA Health Care System if the employment of that family member would create a conflict of interest or appearance of a conflict of interest, particularly with regard to influencing the contract Negotiations, terms of the contract, or the work carried out under the contract.

20.2 In any such case, the VA must review the matter and give its approval in accordance with agency ethics rules. Contractor shall ensure no violation of ethics occurs between VA staff, VA patients and families of VA staff. Staff shall not accept, solicit, allow or invite gifts, gratuities, sales of items, etc. Any occurrence shall be reported to the COR along with corrective action taken, and the reports will be kept on file for the duration of the contract.

21. Standards of Conduct

21.1 The Contractor employees shall present a neat, well groomed, professional appearance at all time. The Contractor employees shall not wear sandals, flip-flop style footwear, or open toed shoes.

21.2 The Contractor employees found to be under the influence of, consuming, or using alcohol or drugs while on duty shall be subject to administrative action from the CO, which may include contract termination. Alcohol/Drug use in the workplace shall not be tolerated.

21.3 The Contractor shall ensure that all Contractor employees have met qualifying criteria.

Ultimately, the decision to accept or reject contractor employees rests with the CO. Non-acceptance of Contractor employees does not relive the contractor from satisfying and fulfilling the requirements of the contract.

21.4 The Government reserves the right to refuse acceptance of Contractor employees whose personal or professional conduct jeopardized or interferes with the operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, dereliction or negligence in performing directed tasks, or other abuse, or other conduct resulting in formal complaints by staff members to designated Government Representatives. Standards for conduct shall mirror those prescribed by current Federal Employees Regulations.

22. Hours of Services

22.1 The Contractor shall perform the services as specified herein Monday through Friday, between the hours of 7:30am – 4:00pm pacific time with the exception of National Holidays.

23. Government Holidays

23.1 In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 the following national holidays are observed and for the purpose of this contract are defined as “Legal Federal official holidays”. When a holiday falls on a Sunday, the following Monday will be observed as a 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 of America as a National holiday.

The following national holidays are observed by the Federal Government:

24. Identification of Contractor Employees

24.1 Both parties agree that the contractor employees when the resulting contract will be performed shall not be considered VA employees for any purpose and shall be considered employees of the contractor only. The Contractor shall ensure that the employees assigned shall be cognizant of sexual harassment, drug-free workplace and other appropriate federal employment requirements.

24.2 The Contractor shall provide a representative who shall be responsible for routine liaison in the performance and administration of the resulting contract. In addition, the COR shall act as the primary point of contact (POC) between the CO and the contractor. The representative shall have full authority to act on behalf of the contractor on all matters relating to daily operations of contract performance.

25. Other Requirements

25.1 Badging: All Contractor employees shall wear VA provided identification (I.D.) badges above the waist at all times while on the VA grounds. Contractor shall be required to coordinate with the COR to obtain the VA provided I.D. badges for all staff. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear ID badges may result in removal from any of the VA facilities and/or otherwise referred to Government property.

25.2 Parking Policy: It is the responsibility of the Contractor’s personnel to park in the appropriate designated parking areas. Parking information is available from VASDHS Police Service. VASDHS will not validate or make reimbursement for parking violations of the Contractor’s personnel under any circumstance. The Contractor is not permitted to park on VA San Diego campus. The Contractor shall park at 6465 Miramar Road, San Diego and US VA provided shuttle.

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 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

25.3 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.

25.4 VA Policy Weapons: 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.

25.5 Government Property: 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 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 Contractor from the Government for minor repairs. The Contractor assumes full responsibility for the equipment while it is off-site or in transit.

SECTION C - CONTRACT CLAUSES

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

(OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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 ITEMS

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 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST

As prescribed in 3.1106 , insert the following clause:

Preventing Personal Conflicts of Interest (Jun 2020)

(a) Definitions. As used in this clause—

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

https://www.acquisition.gov/content/31106-contract-clause#i1123629

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is—

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that-

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S. C.552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee’s ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not “impair the employee’s ability to act impartially and in the best interest of the Government” is not covered under this definition.)

(1)…