S02 Solicitaiton Legionella Testing MPLS 36C26326R0042.docx

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26326R0042 02-17-2026 Tess Thunder 701-239-3700 ext. 2422 03-03-2026 16:00

CST

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

2101 NORTH ELM STREET (04-S)

FARGO ND 58102

X

541380 $19 Million

N/A

DEPARTMENT OF VETERAN AFFAIRS

MINNEAPOLIS VA HEALTH CARE SYSTEM

ONE VETERAN DRIVE

MINNEAPOLIS MN 55417

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

2101 NORTH ELM STREET (04-S)

FARGO ND 58102

Y

DEPARTMENT OF VETERANS AFFAIRS

FINANCIAL SERVICES CENTER

FMS-VA-2 (101)

PO BOX 149971

AUSTIN TX 78714-9971

877-353-9791 512-460-5540

See CONTINUATION Page This IDIQ is for Legionella Water Sample Testing Services and Dental Water Line Samples for Presence of Heterotrophic bacteria to the Minneapolis VA Health Care System in accordance with the Statement of Work.

Prior to submitting a quote, please review all documentation within.

Review and follow INSTRUCTIONS TO OFFERORS in Section E.2 Addendum 52.212-1.

This solicitation is a set-aside for SDVOSB.

See Section D Contract Documents for attachments.

See CONTINUATION Page

Joseph Bloomer

VA-VHA-RPOC-2025-0046

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263 Joseph Bloomer

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

2101 NORTH ELM STREET (04-S)

FARGO ND 58102

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

3. INVOICES: Invoices shall be submitted in arrears:

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

http://www.tungsten-network.com/US/en/veterans-affairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Routine Testing of Water Samples for the Presence of Legionella Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: Q301 - Medical - Reference Laboratory Testing

Routine Testing of Dental Water Line Samples for Presence of Heterotrophic Bacteria

POP Begin: 03-15-2026 POP End: 03-14-2027

Non-Routine Testing of Water Samples for the Presence of Legionella

POP Begin: 03-15-2026 POP End: 03-14-2027

Non-Routine Testing of Dental Water Line Samples for Presence of Heterotrophic Bacteria

POP Begin: 03-15-2026 POP End: 03-14-2027

Routine Testing of Water Samples for the Presence of Legionella Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028

Routine Testing of Dental Water Line Samples for Presence of Heterotrophic Bacteria

POP Begin: 03-15-2027 POP End: 03-14-2028

Non-Routine Testing of Water Samples for the Presence of Legionella

POP Begin: 03-15-2027 POP End: 03-14-2028

Non-Routine Testing of Dental Water Line Samples for Presence of Heterotrophic Bacteria

POP Begin: 03-15-2027 POP End: 03-14-2028

Routine Testing of Water Samples for the Presence of Legionella Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029

Routine Testing of Dental Water Line Samples for Presence of Heterotrophic Bacteria

POP Begin: 03-15-2028 POP End: 03-14-2029

Non-Routine Testing of Dental Water Line Samples for Presence of Heterotrophic Bacteria

POP Begin: 03-15-2028 POP End: 03-14-2029

Non-Routine Testing of Water Samples for the Presence of Legionella

POP Begin: 03-15-2028 POP End: 03-14-2029

Routine Testing of Water Samples for the Presence of Legionella Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030

Routine Testing of Dental Water Line Samples for Presence of Heterotrophic Bacteria

POP Begin: 03-15-2029 POP End: 03-14-2030

Non-Routine Testing of Water Samples for the Presence of Legionella

POP Begin: 03-15-2029 POP End: 03-14-2030

Non-Routine Testing of Dental Water Line Samples for Presence of Heterotrophic Bacteria

POP Begin: 03-15-2029 POP End: 03-14-2030

Routine Testing of Water Samples for the Presence of Legionella Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031

Routine Testing of Dental Water Line Samples for Presence of Heterotrophic Bacteria

POP Begin: 03-15-2030 POP End: 03-14-2031

Non-Routine Testing of Water Samples for the Presence of Legionella

POP Begin: 03-15-2030 POP End: 03-14-2031

Non-Routine Testing of Dental Water Line Samples for Presence of Heterotrophic Bacteria

POP Begin: 03-15-2030 POP End: 03-14-2031

GRAND TOTAL

B.3 STATEMENT OF WORK

Minneapolis Veteran Affairs Health Care System “Legionella Testing”

1. Objectives:

The purpose of this contract is to procure services for collecting and analyzing water samples for Legionella in accordance with VHA Directive 1061, “PREVENTION OF HEALTHCARE-ASSOCIATED LEGIONELLA DISEASE AND SCALD INJURY FROM POTABLE WATER DISTRIBUTION SYSTEMS” and for collecting and analyzing water samples to verify compliance with “Infection Control Standards for VA Dental Clinics,” 21 October 2013, and EPA Safe Drinking Water Act regulations in Dental Offices within the Minneapolis VA Health Care System.

This is an indefinite quantity contract for Legionella sampling and Safe Drinking Water Compliance for Dental water line testing services. Quantities specified in the “Schedule of Items” are estimates only and are not purchased by this contract. All testing will be requested on an annual basis under a task order by the contracting office.

2. Legionella Sampling Requirements:

A. General Procedures for Legionella Sampling:

The contractor shall furnish all personnel, supervision, equipment, supplies, facilities, certifications, transportation, and resources necessary to perform Legionella water testing. The contractor must furnish all sample collection equipment. Containers must be sterile, appropriate for the analysis, properly preserved, and promptly transported to the laboratory under strict chain of custody procedures.

Approximately 580 water samples. The contractor shall collect and analyze water samples from distal points (sinks and showers) and ice or water from ice machines, cooling towers, and outdoor SCI fountain on Minneapolis VA Health Care System campuses included in the contract. Specific distal point locations for sampling will be determined by the COR and/or the Health Care System Point of Contact. The numbers, types and locations of samples to be collected and analyzed are specified in Attachment A.

Testing of the building’s hot and cold-water distribution system(s) for L. pneumophila must be performed quarterly (once per Federal Fiscal Year quarter, plus or minus 10 calendar days from the date of the last performance of regular quarterly service). Extensions may be granted for unforeseen conditions and for other factors outside of the contractor’s control.

Water samples must be taken from outlets on the hot water distribution system and outlets on the cold-water distribution system from each building for each quarterly testing cycle. NOTE: “Outlets” are the points in the water distribution system where the end user comes in contact with the water (e.g., faucet, showers, and ice machines). Water samples will be taken at first “draw” to catch the water that comes out immediately from the outlet and will be at least 250 ml.

At the time each water sample is taken, test (measure) and document the following for each sample: water temperature after it reaches a stable temperature, level of residual biocide (performing the proper testing for the site based on type of biocide), and pH. This documentation needs to be provided with the analysis results.

Non-routine sampling (outside of the quarterly sampling) may be conducted as needed. The Minneapolis VA Health Care System is allowed non-routine samples numbering up to 10% of the total samples taken from each health care system annually. If sampling over this amount is needed by healthcare systems, the contractor will provide a fixed price for the sampling equipment and analysis and for the collection of samples for each healthcare system for approval by the Contracting Officer via a bilateral contract modification.

For non-routine sampling, the contractor must be able to sample within 24 hours of being notified of the need to sample. Samples of at least 1000 ml may be required. Water samples will be taken at first “draw” to catch the water that comes out immediately from the outlet. Swab sampling may be conducted along with the water sampling for non-routine sampling. Swab sampling will be done in accordance with VHA direction and in accordance with direction from the laboratory where the samples will be analyzed.

The specific sampling location and type of sample (e.g. hot water or cold water) will be specified by COR and/or Health Care System Point of Contact. Specific distal points sampled will vary per quarter, so communication with the Health Care System Point of Contact will be required before the round of sampling each quarter or before non-routine sampling in order to ensure that the contractor knows the locations of sampling. The locations of buildings included in the sampling are listed in Attachment A. This list also includes the Health Care System Points of Contact information.

Sampling of cooling towers will be conducted two times per year during the period in which they are running at each of the locations included in Attachment C.

B. Sample Collection, Storage, and Transferring of Analysis:

Samples will be collected, stored, and transferred as directed by the COR or by the laboratory. For routine sampling, water samples need to be at 250 ml. For non-routine sampling, water samples of at least 1000 ml may be required. Water samples will be taken at first “draw” to catch the water that comes out immediately from the outlet. Each water sample shall be collected in a sterile, unused, HDPE or HDPP plastic leak-proof container provided by the testing laboratory. The following parameters will be measured and logged with each water sample that is collected: water temperature upon reaching a stable temperature, level of residual biocide, and pH. Samples will be stored and transferred for analysis in a manner that will maintain the integrity of the samples. Samples will be secured to prevent cross-contamination. Samples need to arrive at the testing laboratory within the time frame defined by the Environmental Legionella Isolation Techniques Evaluation (ELITE) laboratory.

C. Sample Analysis and Reporting:

The testing laboratory processing the water samples for Legionella must be certified by the Centers for Disease Control and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) program as proficient at performing the culture of Legionella from environmental samples. The limit of detection must be < = 1 CFU/ml. The full 250 ml volume of potable water must be concentrated for routine quarterly testing. The full 1000 ml volume of potable water must be concentrated for non-routine testing. The testing laboratory must retain samples that test positive for Legionella for 30 calendar days and must release them to the healthcare system if requested. Information about ELITE certified laboratories can be found at https://wwwn.cdc.gov/elite/Public/MemberList.aspx. The testing laboratory must also be able to determine if the Legionella detected in environmental samples is the Legionella pneumophila species and whether it is serogroup 1. Quantify L. pneumophila and identify the presence or absence of other Legionella species. Upon request, the laboratory must provide detailed Standard Operating Procedures including all aspects of testing being performed to Minneapolis VA Health Care System staff. Upon request, the laboratory must also produce laboratory logs of testing results including documentation of positive and negative controls. NOTE: rapid testing method, such as polymerase chain reaction (PCR) and direct fluorescent antibody (DFA) are not permitted.

In addition to the CDC ELITE certification, the laboratory must have environmental microbiology accreditation by a nationally recognized accrediting body, such as Environmental Microbiology laboratory Accreditation Program (EMLAP) or the National Environmental Laboratory Accreditation Program (NELAP). Proof of certification must be provided before acceptance of contract.

Provide all sample analysis reports via e-mail to COR and Health Care System Point of Contact. Notification of any positive sampling results will be made within two working days of making this determination. Analytical reports shall include a signed copy of the chain of custody, identification of sampling locations and conditions, including the specific outlet temperature of water at the time the sample was collected, pH, biocide residual levels, method detection limits, and a description of test methodology. Sample reports need to be provided in a format that can be copied into the VHA Legionella sampling results reporting form. Sample analysis reports must be provided within 15 calendar days of the lab receiving the samples. If the 15th day falls on a weekend or federally observed holiday, the reports shall be provided no later than the next normal business day.

The testing laboratory shall have qualified technical support staff for consultation related to water sample collection, testing, and interpretation of results.

D. Procedures for Sampling for Safe Drinking Water Compliance for Dental Waterlines:

General Requirements and Procedures for Sampling of Dental Waterlines:

Approximately 380 annual dental samples. Sampling equipment and lab analysis will be provided to Dental Clinics for testing their waterlines for compliance with the EPA Safe Drinking Water Act standard for potable water and the “Infection Control Standards for VA Dental Clinic,” dated 21, October 2013. Sampling analysis will be for total colony forming units (cfu) of heterotrophic water bacteria per milliliter of water.

The Contractor will furnish sterile bottles that are appropriate for the analysis, properly preserved, and promptly transported to the facilities included in Attachment B. The Contractor will furnish appropriate shipping containers for the transportation of samples to the laboratory. The bottles will be marked to indicate what facility and location samples were drawn. Comprehensive instructions on how samples will be collected, preserved, and transported to the laboratory for analysis will be provided to each facility covered under the contract. The laboratory will follow strict chain of custody procedures upon the receipt of the samples from the facilities.

Sampling is required on a quarterly basis for each waterline in each Dental Clinic. The list of Dental Offices, including addresses, locations and quantity are included in Attachment B.

The contractor will collect the dental waterline samples at the Minneapolis VA Medical Center’s Dental Office, 1 Veterans Drive, Minneapolis, Minnesota and at the Northwest Metro Community Based Outpatient VA Clinic, 7545 Veterans Drive, Ramsey, MN. The contractor will coordinate sampling times with the Point of Contract at each of these facilities and shall notify the Point of Contact upon arrival. Each dental waterline will be tested separately. All hand pieces, air-water syringe tips, and any other equipment reprocessed by SPS before collection samples from the waterlines. The air-water syringe itself, if not changed between patients, shall remain on the line while collecting the sample. The numbers, type and locations of samples to be collected and analyzed are specified in Attachment B.

Non-routine sampling (outside of the quarterly sampling) may be conducted as needed. Each dental clinic that is included in the contract is allowed non-routine samples numbering up to 10% of the total samples taken from each clinic annually. If sampling over this amount is needed, the contractor will provide a fixed price for the sampling equipment and analysis and for the collection of samples at the Minneapolis VA Medical Center or at the Northwest Metro VA Clinic in Ramsey, MN for approval by the Contracting Officer via a bilateral contract modification.

For non-routine sampling, sampling bottles and supplies must be provided to the requested Dental Clinic within 2 business days of being notified of the need to sample. For non-routine testing at the Minneapolis VA Medical Center or at the Northwest Metro VA Clinic in Ramsey, MN, the contractor must be able to sample within 24 hours of being notified of the need to sample.

The laboratory that processes the water samples will be certified by the American Association for Laboratory Accreditation (A2LA) to perform environmental sampling. Proof of certification must be provided before acceptance of the contract. The laboratory will utilize the Standard Spread Plate Method 9215C using R2A agar. Upon request, the laboratory must provide a detailed Standard Operating Procedures including all aspects of testing being performed to Minneapolis VA Health Care System staff. Upon request, the laboratory must also produce laboratory logs of testing results including documentation of positive and negative controls.

Sampling results will report the number of colony forming units of heterotrophic water bacteria per milliliter of water (cfu/ml), readings of less than 10 or greater than 500 may be recorded as <10 cfu/ml or > 500 cfu/ml.

Provide all sample analysis reports via e-mail to the COR and the Health Care System Point of Contact within 10 calendar days of receiving the sample. If the 10th day falls on a weekend or federally observed holiday, the reports shall be provided no later than the next normal business day. Analytical reports shall include a signed copy of the chain of custody, identification of sampling locations, method detection limits, and a description of test methodology.

The testing laboratory shall have qualified technical support staff for consultation relative to water sample collection, testing, and interpretation of results.

3. Contractor’s Employees

Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States and or the VA/VHA. The Government may, at its sole discretion, direct the contractor to remove any contractor employee from U.S. VA/VHA facilities for misconduct or for security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract awarded. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee. The Contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.

4. Subcontractors

If laboratory testing, specimen collection, or any other aspect of this contract will be performed by an entity other than the contractor, these entities must be clearly specified in the contract. No portion of the work shall be subcontracted without prior written consent from the Contracting Officer. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the Contracting Officer and COR with the names, qualifications, and experience of their proposed subcontractor(s). The Contractor shall, however, remain fully liable and responsible for the work to be done by his subcontractor(s) and shall assure compliance with all requirements of the contract.

5. CONTRACTING PERFORMANCE MONITORING

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions:

· Assure that the Contractor performs the technical requirements of the contract

· Perform inspections necessary in connection with the contract performance

· Maintain written and oral communications with the Contractor concerning technical aspects of the contract

· Issues written interpretations of technical requirements, including government drawings, designs, specifications

· Monitors Contractor’s performance and notifies both the Contracting Officer and Contractor of any deficiencies.

· Coordinates availability of government furnished property and coordinates site entry of Contractor personnel

A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

Contractor and VAMC staff will meet at the request of the COR to evaluate overall effectiveness of the contract, resolve problems, and improve adherence to policies and procedures if necessary.

At least annually, a review will be conducted to evaluate the contract’s success in meeting all the contract requirements. Non-compliance issues will be forwarded immediately to the COR. The contractor will be monitored through a variety of mechanisms. At a minimum, the following will be reviewed:

· Program requirements

· Deliverables meet the established time frames/deadlines

· Accuracy of analysis reports provided Assessments from Points of Contacts on the effectiveness of communication

6. Hours of Operation:

a. The Contractor will conduct work on-site Monday through Friday from 7:00 am to 5:00 pm, CT. Additional hours must be coordinated through the COR. Work will not be performed on weekends or federal holidays.

Observed Federal Holidays:

Christmas Day

7. Submittals:

b. Daily logs: The subcontractors personnel performing the testing will check in with the COR or designee prior to taking samples to obtain a copy of the daily log and instructions.

c. Test Results can be emailed to the COR.

8. References:

The references listed below are available at http://www.cfm.va.gov/til/spec.asp; or from the project engineer, as applicable:

· VHA Directive 1061 (Feb 2021), “PREVENTION OF HEALTHCARE-ASSOCIATED LEGIONELLA DISEASE AND SCALD INJURY FROM POTABLE WATER DISTRIBUTION SYSTEMS”. (Attachment D).

· “Infection Control Standards for VA Dental Clinics,” 21 October 2013, and EPA Safe Drinking Water Act regulations in Dental Offices within the Minneapolis VA Health Care System. (Attachment E).

9. Safety Requirements:

a. Contractor must maintain a safe working environment for themselves, patients, visitors and other employees at the MVAHCS.

10. Security Requirements:

a. Contractor’s personnel will utilize a temporary vendor’s security badge until a permanent security PIV badge can be issued. Temporary badge use will not exceed 30 calendar days.

b. The Contractor shall comply with Minneapolis VA security, access and badging requirements. Employees must provide fingerprints and be able to pass a background check so they can obtain Security access badge. Contractors employees must complete web-based Rules of Behavior training.

c. All employees will need a valid personal email account. Fingerprint scheduling/appointments, background investigation tasks and Training Management System (TMS) required classes notifications will be sent to their email address throughout the process.

d. Contractor will submit all required security badging documents for each employee that will be on site to perform work. Signatures on documents must be wet signatures. The following documents must be completed and returned within 5 business days from the award date of contract:

· OF 306- Must be Typed. Handwritten document will not be accepted. Must be a wet signature.

· Self-Certification

· VA 10-2417

· Employee Fingerprint Resource Form

e. The Contractor will be responsible for ensuring compliance by its employees with all VA procedures governing building access and security. Contractor personnel will be escorted by VHA personnel at all times. The COR will assist Contractor personnel in obtaining requisite identification badges to enter the facilities and collect samples. All Contractor employees and subcontractors under this contract or order are required to complete the VA's on-line “Privacy and HIPAA Focused Training” - TMS Code “10203” or equivalent training as determined by the health care system. Contractors must provide signed certifications of completion of training to the COR during each year of the contract. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s).

f. The Contractor will be responsible for ensuring compliance by its employees with the security regulations of VA, VHA and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any subcontractors while these employees are on VHA property.

g. The Contractor will ensure the security of all VHA property, building ID badges, key cards, and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys, etc. the same day the employees leave the project. Background Investigations will be required for the performance of this contract.

11. Parking/Storage:

a. Parking is available in parking lots 11, 43A and 43B for vehicles (automobiles and Pickup trucks). Larger vehicles, equipment, job site trailers or storage containers must utilize parking lot 43A only. Contractor’s contact information (name and phone number) is required to be displayed on all vehicles, equipment, trailers or containers that are stored overnight at the MVAHCS. Dropping off tools and materials at the loading dock is permitted but no parking is allowed in the loading dock area. Unattended vehicles in unauthorized parking areas will be ticketed by MVAHCS Police.

12. National Archives and Records Administration (NARA): Contractor and personnel performing the work on this contract shall adhere to the NARA language below:

Records of Management Obligations

1. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

2. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VHA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

4. may include deliverables and documentation associated with deliverables.

3. Requirements

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

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

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

4. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

9. 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 from public disclosure by an exemption to the Freedom of Information Act.

10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and annual/refresher training.

END

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this…