S02 Solicitation 36C26320Q0491.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

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 85

438-20-4-1115-1211

36C26320Q0491

6. SOLICITATION ISSUE

DATE

Doug Reed 605-336-3230 x 7844 06-30-2020 11:59pm

Sioux Falls Services Team Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

561210

$16.5 Million

N/A

X

Department of Veterans Affairs Sioux Falls VA Health Care System

2501 W. 22nd St.

Sioux Falls SD 57105

Sioux Falls Services Team Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105 https://www.fsc.va.gov/einvoice.asp Department of Veterans Affairs VA Financial Services Center Via The Tungsten Network Refer to VAAR Clause 852.232-72

See CONTINUATION Page

Fire Door Inspections in support of the Sioux Falls VA Health Care System.

Period of Performance: 08-15-2020 to 08-14-2025 This is solicitation using FAR Part 13 Simplified Acquisition Procedures Offerors shall be active and verified at following at time of offer to the Government:

Vet Biz (https://www.vetbiz.va.gov) System for Award Management (https://www.sam.gov) Refer to B.2 (Price/Cost Schedule) for items.

Refer to B.3 (Statement of Work) for scope of work Refer to C, Addendum to FAR 52.212-1, for instructions for offer submittal Refer to C, FAR 52.212-2, for evaluation factors of solicitation

$0.00 See CONTINUATION Page

438-20-4-1115-1211 438-3600162-1115-850100-2580-0100501X3

X X

X 1

Doug Reed

VA-VHA-SAOC-2016-AC23EC83

08-15-2020 06-09-2020

36C26320Q0491

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK (SOW)………………………………………………………8

SECTION C - CONTRACT CLAUSES

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

2018)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 23

C.4 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 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 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) [TAILORED]

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (DEC 2019)

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: TBD

b. GOVERNMENT: Contracting Officer 36C263 Doug Reed, douglas.reed3@va.gov

Sioux Falls Services Team

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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.

https://www.fsc.va.gov/einvoice.asp

Department of Veterans Affairs

VA Financial Services Center

Via The Tungsten Network

Refer to VAAR Clause 852.232-72

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

Fire Door Inspections in accordance with Section B.3 (Statement of Work) for Sioux Falls VA Health Care System Contract Period: Base POP Begin: 08-15-2020 POP End: 08-14-2021

0002 1.00 LT __________________ __________________

Parts for Repairs:

Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Contactor shall furnish the VA Technical Representative (VATR) with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote to the VATR for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative Contractor shall provide a quote provided to another federal agency for similar item for determination purposes. For items exceeding cost of this line item, Contractor shall provide above documentation to Contracting Officer and VATR so a bilateral modification can be executed to add funding for this line item.

Contract Period: Base POP Begin: 08-15-2020 POP End: 08-14-2021

1001 1.00 YR __________________ __________________

Fire Door Inspections in accordance with Section B.3 (Statement of Work) for Sioux Falls VA Health Care System Contract Period: Option 1 POP Begin: 08-15-2021 POP End: 08-14-2022

$5,000 $5,000

1002 1.00 LT __________________ __________________

Parts for Repairs:

Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Contactor shall furnish the VA Technical Representative (VATR) with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote to the VATR for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative Contractor shall provide a quote provided to another federal agency for similar item for determination purposes. For items exceeding cost of this line item, Contractor shall provide above documentation to Contracting Officer and VATR so a bilateral modification can be executed to add funding for this line item.

Contract Period: Option 1 POP Begin: 08-15-2021 POP End: 08-14-2022

2001 1.00 YR __________________ __________________

Fire Door Inspections in accordance with Section B.3 (Statement of Work) for Sioux Falls VA Health Care System Contract Period: Option 2 POP Begin: 08-15-2022 POP End: 08-14-2023

2002 1.00 LT __________________ __________________

Parts for Repairs:

Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Contactor shall furnish the VA Technical Representative (VATR) with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote to the VATR for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative Contractor shall provide a quote provided to another federal agency for similar item for determination purposes. For items exceeding cost of this line item, Contractor shall provide above documentation to Contracting Officer and VATR so a bilateral modification can be executed to add funding for this line item.

Contract Period: Option 2 POP Begin: 08-15-2022 POP End: 08-14-2023

$3,790 $3,790

$2,812.50 $2,812.50

3001 1.00 YR __________________ __________________

Fire Door Inspections in accordance with Section B.3 (Statement of Work) for Sioux Falls VA Health Care System Contract Period: Option 3 POP Begin: 08-15-2023 POP End: 08-14-2024

3002 1.00 LT __________________ __________________

Parts for Repairs:

Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Contactor shall furnish the VA Technical Representative (VATR) with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote to the VATR for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative Contractor shall provide a quote provided to another federal agency for similar item for determination purposes. For items exceeding cost of this line item, Contractor shall provide above documentation to Contracting Officer and VATR so a bilateral modification can be executed to add funding for this line item.

Contract Period: Option 3 POP Begin: 08-15-2023 POP End: 08-14-2024

4001 1.00 YR __________________ __________________

Fire Door Inspections in accordance with Section B.3 (Statement of Work) for Sioux Falls VA Health Care System Contract Period: Option 4 POP Begin: 08-15-2024 POP End: 08-14-2025

4002 1.00 LT __________________ __________________

Parts for Repairs:

Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Contactor shall furnish the VA Technical Representative (VATR) with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote to the VATR for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative Contractor shall provide a quote provided to another federal agency for similar item for determination purposes. For items exceeding cost of this line item, Contractor shall provide above documentation to Contracting Officer and VATR so a bilateral modification can be executed to add funding for this line item.

Contract Period: Option 3 POP Begin: 08-15-2024 POP End: 08-14-2025

GRAND TOTAL __________________

$2,105.30 $2,105.30

$1,582 $1,582

B.3 STATEMENT OF WORK (SOW)

Title

Fire Door Inspections to support the Sioux Falls VA Health Care System (SF)

General Overview

The scope of work includes the provision of all labor, materials, equipment, tools, supervision and quality assurance necessary to:

(1) Inspect fire, smoke and other door/frame openings.

(2) Label all doors/frames with a fire rated certification label at the Sioux Falls VA Health Care

System

The contractor is responsible for reviewing all items within the Statement of Work (SOW) for assurance that the contractor can meet all required work and inspection criteria.

Place of Performance

Sioux Falls VA Health Care System (SF) 2501 West 26th Street Sioux Falls, SD 57105

Contractor shall coordinate work schedule with the VATR. Work hours are typically Monday through Friday 8:00 am to 4:30pm Central Standard Time (CST). Work may be required to be performed outside of normal duty hours if mutually agreed upon by the VATR and Contractor.

Any work resulting in hours outside of 8:00am to 4:30pm CST as a result of operational impacts shall occur at no additional expense to the government.

Period of Performance

This will be a single firm fixed priced contract, with one (1) base and up to four (4) option years:

Period Period Begins Period Ends Base 08-15-2020 08-14-2021 Option Year 1 08-15-2021 08-14-2022 Option Year 2 08-15-2022 08-14-2023 Option Year 3 08-15-2023 08-14-2024 Option Year 4 08-15-2024 08-14-2025

Exercise of option years will be made at Government’s discretion based on continued need for services, Contractor performance, and availability of funds in a given fiscal year.

Deliverables

An Inspection Report shall be generated and provided for each door inspected.

The report shall include:

(1) Building 1 and Building 5 doors shall be in separate areas of the report;

a) Doors on each floor shall be grouped together.

(2) Contactors subject matter expert contact information

a) Name

b) Title

c) Email address.

d) Office phone.

e) Cell phone number.

(3) Each door shall have the minimum information captured in the report:

1. Compliant or Not Compliant summary.

2. Each Not Compliant door:

a. Reported immediately following the table of contents in the report.

b. Contractor shall include a bill of materials for equipment, supplies, and components necessary to achieve a compliant door.

i. Cut sheets shall be provided for each proposed component including make and model.

ii. Field labeling of door or frame where required to achieve compliance.

c. Contractor estimated cost for all materials and labor to achieve a compliant door.

d. A blank portion dedicated to Veterans Health Administration (VHA) notes.

i. May be used to list Maximo work orders or other methods to achieve compliance.

e. Contractor shall identify doors where replacement is recommended in lieu of repairs based on overall cost.

3. Photo of each door.

a. Double doors shall be photographed individually.

4. Door Number and location.

a. Contractor shall continue numbering sequence established by previous contractor.

b. Door information shall be provided to the VA in sortable spreadsheet containing the following minimum information:

i. Building

ii. Floor

iii. Room number

iv. Door number

v. Rating

vi. Type (smoke, fire)

vii. Single or double hung

viii. Compliance status following inspection efforts

5. Defined and annotated on an AutoCAD drawing

6. Fire Rating

7. Applicable codes

(4) Recommended corrections, sustainment plans, training courses, or best practices to facilitate continued compliance.

The Inspection Report shall be delivered to the VA Technical Representative (VATR) no later than 14 calendar days after completion of the inspection and testing.

The Inspection Report shall be provided to the VATR in digital format along with (1) hard copy.

All work shall be completed in accordance with all applicable Federal, State and Local guidelines/specifications/design standards and in compliance with National Fire Protection Association (NFPA) and U.S. Occupational Safety & Health Administration (OSHA) Regulations, with special emphasis on NFPA 101, 80 and 105 most current editions.

Scope of Work

Fire door inspections are done annually. Contractor shall complete inspections within 30 days of previous year inspection to remain in Joint Commission compliance (i.e., if prior inspection done in August 2020, next inspection shall be by July 2021).

VATR or VATR designee shall give Contractor 14 calendar days of base year inspection needing to be scheduled, and 14 calendar days notice of subsequent option year inspections needing to be scheduled as applicable.

Contractor shall respond to VHA inquiries or questions and provide revised documents (if necessary) for during period of performance of the contract. Contractor shall respond to questions within one (1) calendar day if found to be in error by inspection entities or VHA staff.

This contract will aid VHA staff in defending report to external inspection entities where errors or omissions are suspected.

The contractor shall perform and document an annual test and inspection of all smoke/fire/hazardous location doors/frame that are identified on SF’s Life Safety drawings and those specifically identified by VHA staff.

The testing, inspection, and labeling shall be performed by the same certified party. Testing and inspection shall be performed by a certified party and conform to American Society for Testing and Materials (ASTM) E 814, ASTM E 1966 and Underwriters Laboratories (UL) 1479, UL 2079 standards National Fire Protection Agency (NFPA) 80, 99, 101 and 105, and the VA-Joint Commission Clarification Document and as well as any additional applicable codes. Testing and inspection shall be performed to the most current edition of each mentioned reference.

Rated doors shall be inspected by the means of a Fire Door Gap Gauge. All fire doors shall be manually shut to observe that all mounted hardware functions as designed.

The contractor shall be responsible for furnishing all material, labor and/or equipment required to perform all work outlined in this contract. The Government’s review, approval, acceptance of, or payment for services required under this contract shall not be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract.

The Contractor shall be and remain liable to the Government in accordance with applicable laws for all damages to the Government caused by the Contractor’s negligent performance of any of these services furnished under this contract.

Rated doors (fire or smoke) that are mounted in a non-rated barrier shall not be tested per the VA-Joint Commission Clarification Document.

January 2020 Revision:

Labeled fire doors installed in locations where life safety drawings indicate that a fire door is not required to not need to comply with the requirements of NFPA 80. In addition, the label can remain on the door (based on the 2018 version 101, 4.6.12.3 and A.4.6.12.3)

Hazardous wastes are as defined in U.S. Environmental Protection Agency (EPA) regulations 40 Code of Federal Regulations (CFR) 261. The Contractor shall be the official waste generator for any hazardous waste generated through performance of this contract unless specified otherwise in this contract. The Contractor shall not store any hazardous waste in this government property without obtaining prior permission and related instructions from the Contacting Officer. Hazardous wastes shall be moved off location and disposed as they are generated or whenever requested by the Contracting Officer. In no case, shall the waste remain on government property after completion of work. It shall be the Contractor’s responsibility to comply with EPA 40 CFR 260265 and DER Code 25 CH 75 regulations concerning hazardous waste generation, storage, treatment and disposal.

Contractor shall be responsible for following NFPA 101 Life Safety and 29 CFR 1910 and maintaining compliance within/around the work area during the performance of any work.

The Contractor shall be solely responsible for safety during the performance of all work. The Contractor shall perform all work in accordance with the latest Occupational Safety and Health Administration (OSHA) regulations. The Contractor shall coordinate his work with VA Safety through the COR. The Contractor shall be responsible for any damage to public or private property resulting from his/her activities and shall repair or otherwise make whole such damage at no cost to Owner. The Contractor shall provide a safety plan before beginning work.

All smoke/fire/hazardous doors and frames that meet all requirements shall be provided a field applied fire rated certification label:

a) Doors that need repair shall be provided the same label once the door is repaired to meet all the requirements.

b) Field labeling is only applicable to assemblies where the original manufacturer’s rating label is missing for the door and/or the frame.

Government Responsibilities

a) The contractor will be escorted through the facility by a VHA staff member.

b) Government shall provide sanitary facilities and utilities required for work.

c) Government shall provide contractor Auto-CAD drawings and Life Safety Plans.

Safety and Accident Prevention

In performing work under this contract, the contractor shall:

Immediately notify the VATR and VA Safety Office at 7011 in the event of an accident related to the performance of the work.

Conform to the specific safety requirement established by this contract.

Comply with the safety rules of the Government property that concern related activities not directly addressed in this contract.

Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel performing, or in any way coming in contact, with the performance of this contract; and

Take such additional immediate precaution as the contracting officer may reasonably require for safety and accident prevention purposes.

Any VA staff member shall stop contractors work if any immediate danger to life and health item/activity is found during performance of services.

Authorized Services

Only those services specified herein are authorized under this contract. Prior to performing any service of a non-contract nature, the Contracting Officer (CO) must be advised of the reasons for this additional work. Only the Contracting Officer may authorize additional services and reimbursement will not be made unless prior authorization has been obtained.

Qualifications of Contractor Personnel

Contractor shall have minimum of 2 years’ experience and be trained/certified in NFPA 80

(Fire Door Inspection for Health Care Facilities). The Inspector shall be familiar with the door components and their operation. Listed below is a list of typical doors and components but not limited to:

a) Swinging, Sliding, and Overhead Rolling Fire Doors

b) Tin-clad, Kalamein, and Wood doors

c) Smoke and Fire Door assemblies

d) Linen Chute Doors (metal) and Frames

e) Metasys and Simplex systems

f) Various types of door hinges

g) Various types of door frames

h) Locking & Latching hardware

Contractor personnel shall have a minimum of two (2) years’ experience performing fire door inspections; at Government discretion, VATR or VATR reserves the right to verify this experience by requesting documentation from Contractor.

Contractor shall obtain all license and certification required by Federal, State, and Local environmental laws and regulations necessary to adhere to the specifications of this contract. The Contractor shall submit all plans, notifications, reports, submittal documents, and fees required by Federal, State, and Local environmental laws and regulations to the appropriate Federal, State, and Local authority and/or agency as necessary to adhere to the specification of this contract. All required licenses and certifications required by Federal, State, and Local environmental laws and/or regulations shall be considered a contract deliverable upon award.

Parts for Repairs

In the event that repairs resultant from inspections are identified, the Contractor shall provide all replacement parts needed to keep the fire doors in operating condition as originally designed by the manufacturer. Parts may be repaired or replaced, as the contractor deems appropriate, so long as amount listed in CLINs for Parts Repair cited in Section B.2 (Price/Cost Schedule) are not exceeded. No used parts will be used to repair this equipment.

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

If cost exceeds cost listed for applicable line item in Section B.2 (Price/Cost Schedule), the Contracting Officer shall issue a bilateral contract modification to increase funding for this line item per coordination with VATR, that includes supporting documentation as cited above.

General Requirements

It shall be understood that, throughout performance of the contract, the Contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property.

Among all other requirements, the VA Health Care System and its property is now entirely smoke-free.

Contractor and their personnel shall follow all U.S. Department of Veterans Affairs (VA) policies, standard operating procedures, applicable laws, and applicable regulations while on VA property. Violations of this may result in citation and disciplinary measures for persons violating the law.

Contractor and their personnel shall wear visible identification at all times while they are on premises. Contractor shall also wear any ID badges as provided by VATR or VATR designees.

VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. VA shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

Possession of weapons is prohibited.

Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

Contractor is responsible for the performance of all work in a manner consistent with performance in a health care setting. The contractor shall be responsible for the establishment of Infection Control Risk Assessment (ICRA) Barriers for the containment of all work areas, if required. The nature of the ICRA Barriers required will vary based on the area of the facility in which the work is being performed, as well as the type of work being performed and the manner of performance.

Contractor shall participate in preconstruction risk assessment and may be required to provide negative air, plastic zipper walls to maintain infection control and patient safety where requested by VATR or VATR designee:

Low Risk Office Areas Medium Risk

Cardiology

Echocardiography

Endoscopy

Nuclear Medicine

Physical Therapy

Radiology/MRI

Respiratory Therapy High Risk CCU

Emergency Room

Laboratories (specimen)

Outpatient Surgery

Pediatrics

Pharmacy

Post Anesthesia Care Unit

Surgical Units Highest Risk

Any area caring for immunocompromised patients

Burn Unit

Cardiac Cath Lab

Central Sterile Supply

Intensive Care Units

Medical Unit

Negative pressure isolation rooms

Oncology

Operating rooms

Limitations on Subcontracting

By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for Services, it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded.

An independent contractor shall be considered a subcontractor. “Similarly Situated” means that entity subcontracted to is same type of entity as the Prime Contractor (i.e., small business subcontracts to small business).

Service Contract Labor Standards Requirement

Contractor shall provide hourly wages in accordance with U.S. Department of Labor (USDOL) Wage Determinations and FAR Subpart 22.10 (Service Contract Labor Standards); USDOL Wage Determinations are attached in Section D below and updated versions will be attached as part of option year exercises.

For guidance on Service Contract Labor Standards and to find the nearest USDOL resource, please refer to https://www.dol.gov/whd/local/index.htm.

Invoicing Submissions

In addition to regulations set forth in FAR 52.212-4 (Contract Terms and Conditions – Commercial Items) (g) “Invoice” and VAAR 852.232-72 (Electronic Submission of Payment Requests), Contractor shall submit final invoice on any services performed no later than 30 days after end of the period of performance of contract. This ensures that closeout of contracts is in compliance with FAR 4.804-1(b).

Documenting Performance

The Government shall document positive and/or negative performance. Any report may become a part of the supporting documentation for any contractual action and preparing annual past performance using the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov.

If contractor performance is not satisfactory, the CO shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case, the CO shall document the discussion and place it in the contract file. When the VATR and the CO determines formal written communication is required, the VATR shall prepare a Contract Discrepancy Report (CDR), and present it to CO. The CO will in turn review and will present to the contractor's program manager for corrective action.

The contractor shall acknowledge receipt of the CDR in writing within one (1) business day of receipt. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the CO. The Government shall review the contractor's corrective action plan to determine acceptability. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment.

The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance and the acceptability of the Contractor’s corrective action plan. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

The following will be provided to Contractor upon award by VATR or VATR designee:

AutoCAD Plans Building 1 AutoCAD Plans Building 5 Sioux Falls VA Life Safety Plans

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION

(JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

(a) Workers' compensation and employers liability:…