S03 RFQ 36C25621Q0482 - Final v.pdf

Contract Opportunity Combined Synopsis/Solicitation Notice

PRODUCT SERVICE CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE/TIME/ZONE

ARCHIVE DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION * See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice

Patient Lifts (Guldmann)

77030

36C25621Q0482

03-18-2021 2:00 PM CENTRAL TIME, CHICAGO, USA

N

SDVOSBC

339113

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298

Damon Ware damon.ware@va.gov

Overton Brooks VA Medical Center - Medical Service 510 E Stoner Ave Shreveport LA 71101

71101

USA

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 62

36C25621Q0482

Damon Ware (713) 791-1414 03-18-2021

2:00 PM CST

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center

X 100

X

339113

750 Employees

N/A

Overton Brooks VA Medical Center Medical Services 510 E Stoner Ave Shreveport LA 71101

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center

Financial Service Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

THIS RFQ is for a SDVOSB SET-ASIDE Please see attached SOW for a list of REQUIREMENTS.

This request is BRAND NAME (Guldmann)

QUESTIONS are due NLT 12 March 2021 at 12:00pm CST.

Email all questions to Damon.Ware@va.gov. ANSWERS to all questions will be provided accordingly.

See attached DRAWINGS and PRODUCT SPECIFICATIONS for details

RFQ is due 18 March 2021 at 2:00pm CST. Quotes received past this deadline will not be accepted.

Please include SPECIFICATIONS of new Guldmann GH3+ 250 110 1000 (770lbs) systems and installation you will be providing.

See CONTINUATION Page

X 1

Kever Swafford Contracting Officer

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

C.5 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

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

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020) 37

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

1998)

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

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (NOV 2020)

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 36C256

Network Contracting Office 16

Michael E. DeBakey VA Medical Center

2002 Holcombe BLVD

Houston TX 77030 4298

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Delivery and Acceptance

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

Financial Service Center

PO Box 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

STATEMENT OF WORK (SOW)

1. GENERAL INFORMATION:

a. Contracting Officer Representative (COR):

Name: (completed by the CO at time of award)

Section: Nursing Service (118)

Address: 510 East Stoner Ave, Shreveport, LA

Phone Number: (completed by the CO at time of award)

Fax Number: N/A

E-Mail Address: (completed by the CO at time of award)

b. Contract Title:

Purchase and installation of eight Guldmann GH3+ 250 110 1000 (770lbs) for 4 East 24, 25, 26, 27, 28, 29, 30 and 31 located at Overton Brooks VAMC, 510 E. Stoner Avenue, Shreveport, Louisiana.

c. Background:

Overton Brooks VAMC has a requirement to purchase eight new Guldmann GH3+ 250 110 1000 (770lbs) systems for direct patient care use on nursing unit 4 East rooms 24, 25, 26, 27, 28, 29, 30 and 31. The contractor will install and perform site prep for the new ceiling mounted patient care lifts for the rooms noted above on 4 East Overton Brooks VAMC. This requested work relates to work already accomplished throughout the Medical Center and is in direct compliance with Medical Center Policy 118-03, Safe Patient Handling Program, the goal of VHA DIRECTIVE 1611dated March 23, 2018 entitled Safe Patient Handling Program “protect VHA health care workers and patient from injuries due to patient handling and mobility to ensure that all Veterans have equitable opportunity to access SPHM technology as needed and to meet and improve their care needs.” an It also aligns w/ the General Duty clause of the William-Steiger Occupational

Safety and Health Act of 1970 (84 Stat. 1590 et seq., 29 USC 651 651 et seq.) which requires employers to keep the workplace free of recognized hazards (§1903.1). Evidence-based research has shown its use "protect caregivers and patients from injuries due to patient handling and movement.”

We currently have over 95 Guldmann ceiling lifts throughout the Medical Center ; however, this technology shall be installed in these inpatient areas to ensure standardization & adequate care can be accomplished.

d. Scope:

The contractor shall provide all labor, materials, equipment, tools, transportation, and supervision required to install one new ceiling mounted lift- GH3+ 250 110 1000 (770lbs) UL in 4 East rooms 24, 25, 26, 27, 28, 29, 30, and 31 for Overton Brooks VA Medical Center located at 510 E. Stoner Avenue, Shreveport, Louisiana. The contractor shall be able to offer a wide range of mounting options (such as a lift system which can offer a combined wall and ceiling mount configuration) to accommodate the various patient exam room environments which exist within the facility. Railing systems should have the option of being mounted above (recessed) or below the drop ceiling tiles. For the Safe Patient Handling Program, the goal is to have full XY coverage in all patient care rooms and the ability to transfer the patient from one care surface to another care surface using the same lift system in patient care areas that necessitate this type of care. Lifts that can accommodate this patient weight shall also be appropriate for non-bariatric patients without having to exchange motors. The hang bars designed to transport standard and bariatric-sized patients shall be able to be changed out by the direct care provider without the assistance of the medical center’s engineering staff. The emergency lowering feature shall be operable without the use of any additional tools and the lift motor shall be able to be reset by staff without any additional tools, allowing immediate use of the lift after activation of the emergency stop/lowering feature. The system’s operation will maintain a continuous charge. The contractor shall provide a statement that similar slings made by other ceiling lift companies can be used with the ceiling lift without voiding the contractor’s warranty. The contractor shall also provide a statement that a currently approved equipment cleanser used by the medical center may be used to decontaminate both the lifts and the slings designed by the contractor for use with the lifts. Operation of the system shall be smooth with no fast or jerky starts and stops. Operation of the system shall allow for adequate lifting height allowing for transfer of patient to and from the exam surface as well as adequate lifting height for the turning and repositioning of the patient and lifting and holding limbs while on the exam surface.

The Contractor shall provide all necessary training to the designated VA employees on how to use the installed equipment after completion of installation. The equipment, all of its accessories, and supplies that come with the equipment shall be brand new. The equipment, all necessary services related to removal, mobile unit usage, setup, configuration, installation, and training services are hereinafter collectively referred as “Deliverables”. All Deliverables shall be delivered based on an agreed schedule of work after award, preferably within six months and at no additional cost.

e. DATE REQUIRED: No later than 45 Days after Receipt of Order (ARO) from the Contracting Officer.

2. PRODUCT SPECIFICATIONS AND FEATURES:

GH3+ 250 110 1000 (770lbs) UL shall provide:

UL approval on GH3+ ceiling lifts system including UL inspecting Guldmann facilities. Guldmann, Inc. is the only manufacturer that is UL approved for the entire system. All others have UL approval for transformers and chargers only. See UL certification attached.

AC continuing charge system sold in the US since Feb 2002.

Slings in four different fabrics.

Training and follow up training (if needed) included in prices.

Generic batteries can be used without voiding warranty as long as specifications on Volts and Amps are equal

Well maintained batteries known to last five years. Maintaining batteries is easy with an AC continuing charge system

High volume delivery available from US location (100 + systems)

23’ span between brackets on one rail (Jumbo Rail is not continuing charge)

Motors safe to use in wet areas

No recalls

Guldmann, Inc is the only vendor that is a manufacture owned company, so no risk of not getting products because of issues between manufacturer and supplier

Good VA service record

Specialist – 95% of Guldmann’s business is ceiling lifts

20 ¾ “ building dimension from ceiling to bottom of Hanger on a continuing charge system

It is one of the fastest lift on the market, making it more convenient and user friendly for nursing staff. Lift speeds are listed below:

Lifting speed

185 lbs. -2.4 inch/sec 33 lbs.- 2.4 inch/sec Max capacity load- 2.2 inch/sec

11 lbs. load – 2.4 inch/3.9 inch/sec

End stop shall provide:

The function to reduce the stop motion when the lift motor comes close to the end of the rail.

Trolley – up to 880lbs:

The wheel mechanism that allows the hoist to move on the rail and the traverse rail to move on the parallel rails.

Max lifting capacity 880 lbs (400 kg)

Pick-up Assembly Traverse Trolley shall provide:

Max lifting capacity 880 lbs (400 kg)

Continuous charge anywhere on the rail

B rail Cover Plate- Gray is:

End cover the covers the edges of the rail

Gray, Wall Stud without foot part:

The wall supports that the rails connect to

3m B Rail, with liner:

The traverse rail.

4 Meter B Rail:

The parallel rails

GH3 Hanger, 4 attachment points ( New):

The mechanism the slings connect to

Lifting capacity of 880 lbs.

Installation, Electrical and Support services shall meet or exceed the following criteria:

The contractor’s entire lift system (not just the charger) should be UL approved and certificate of such presented for review. Provide equipment information for each unit like pictures of the different slings, tool kit for easy use of the equipment, and any other pertinent information on equipment.

The contractor will provide standardization of location of charging units in identified room.

The contractor will provide a standardization of location of lift when not in use so as not to interfere with lift safety features or patient care.

The contractor will provide that the patient lift will include an AC continuing charge system.

The contractor will identify privacy curtain issues and include in plan.

The contractor will provide a plan identifying utility clearance. Contractor is responsible for relocation of any existing mounted VA features that interfere with rail movements. (i.e., split curtains, parallel curtain tracks.).

The contractor Motors shall be GFCI protected and safe for use in wet locations

Electrical supply for each patient lift will be determined via consultation with the medical center Chief Engineer.

The contractor is to provide all Electrical requirements of the project and include this in their proposal.

The contractor is required to provide all structural modifications to facilitate lift installation. Site verification needs to occur for each room, and the contractor is required to coordinate with existing conditions during installation, which includes all utilities above the ceiling.

The contractor is responsible for removal and reinstallation of all ceilings to facilitate installation. The Vendor will be responsible for replacement of any damaged ceilings. They will also be responsible for removal of all construction debris.

Contractor will be installing a unit in an active healthcare environment and will be required to comply with VAMC required above ceiling work permits, infection control procedures, and all OSHA requirements

Installation of the lift should take no longer than 10 hours, and should be completed the same day it is started.

The contractor will provide a plan identifying utility clearance.

The contractor will provide drawings to show how rail system will be anchored to the structural concrete.

The contractor will provide a specific time line for installation.

The contractor will provide an installation Infection Control Plan.

The contractor will specify vendor provided maintenance extended beyond normal warranty period.

The contractor will provide a plan of Equipment Certification after install. Certification shall be in writing and should include weight test of maximum lift capacity plus 30 %. This shall be done with actual weights and shall be observed by the VA COTR.

The contractor will complete the Installation or Relocation Checklist for Ceiling Mounted Patients lifts with photos noting required weight test after system is completely installed. This checklist and photos should be provided to either OBVAMC Bio-Med department or the Safe Patient Handling Facility Coordinator on completion.

Clinical and Biomedical Education:

Clinical and biomedical training shall be provided on sight with at least 80% of the direct care staff to include basic product orientation and user training; clinical resource staff training; live bedside support during system implementation; and on-going training, customer and technical support, for the life of the equipment, at no additional cost to the facility.

3. DELIVERY, SHIPPING AND HANDLING, WORK HOURS, COORDINATION, SETUP AND

TRAINING with Overton Brooks VA Medical Center – Safe Patient Handling & Mobility Coordinator and the Specialty/Outpatient Clinic Staff for Setup and Training Services:

Delivery Timeframe: All Deliverables shall be completed based on a schedule of work provided after award, within 45 Days of Contractor’s Receipt of Order from the Contracting Officer.

Shipping and Handling: Contractor shall be responsible for the shipping and handling of all the equipment.

Coordination: The Contractor shall be required to coordinate with Overton Brooks VAMC: Safe Patient Handling & Mobility Coordinator at 318-221-8411x 4900 immediately after award to coordinate installation. Failure to do so may delay payment.

Setup and Training: The Contractor shall be required to coordinate with Overton Brooks VAMC:

Safe Patient Handling & Mobility Coordinator at 318-221-8411x 4900 immediately after award to coordinate scheduling the setup and training services.

4. SECURITY REQUIREMENT:

The contractor is expected to follow security protocol to include personnel security, property security and facility security.

5. TESTING AND CERTIFICATION:

Upon completing installation of the system, the Contractor shall notify the COR in writing that the system is ready for acceptance testing, and that it meets all requirements as specified. Submission of this notification of system readiness shall be accomplished by the contractor prior to the beginning of the scheduled Government Acceptance Test.

Provide Plan of Equipment Certification after install. Certification shall be in writing and should include weight test of maximum lift capacity plus 30 %. This shall be done with actual weights and shall be observed by the VA COTR.

6. GOVERNMENT ACCEPTANCE TEST:

Contractor shall perform the Government Acceptance Test in the presence of the COR for proof-of-performance.

The Government Acceptance Test shall be performed at a mutually agreed date and time. Upon completing the Government Acceptance Test successfully, Contractor shall document the success of this Government Acceptance Test and furnish a copy to the COR before Contractor’s Representative departs the VA premises.

Payments can be withheld until final acceptance by the Government.

7. WARRANTY REPAIR SERVICE: See specific criteria for equipment items included in this SOW.

The contractor shall provide a three year warranty on all parts and labor. The warranty shall include all travel and shipping costs associated with any warranty repair. The contractor shall provide a plan reflecting availability of vendor for follow- up, to include but not limited to: repairs, adjustment, sling replacement after installation is complete; and address after hours and weekend response during warranty period. Availability should be within a 48 hour time span.

8. EQUIPMENT MANUALS: The Contractor shall furnish User and service Manuals and reference guides for equipment items included in this SOW.

9. PRODUCT MODIFICATION, REMOVAL OR RECALL:

If any product awarded under this requirement requires modification, is removed or recalled by the Contractor or manufacturer, or if any required modification, removal or recall is suggested or mandated by a regulatory or official agency, the following steps will immediately be taken by the Contractor or manufacturer:

a. Notify the Contracting Officer, in writing, by the most expeditious manner possible.

Provide two copies of the notification which shall include, but not be limited to the following:

(1) Complete item description and/or identification, order numbers from customers, and the contract number assigned as a result of an award on this Statement of Work.

(2) Reasons for modifications, removal or recall.

(3) Necessary instructions for return for credit, replacement or corrective action.

b. Provide the above information to all agencies and VA Facilities who purchased the product. The Contracting Officer shall be provided a copy of the notification in b. above, and a list of all agencies and/or VA facilities notified

c. Contractor shall be responsible for any costs associated with the above.

10. OTHER PERTINENT INFORMATION OR SPECIAL CONSIDERATIONS:

Business Hours: All work and delivery shall take place during clinical hours (Monday through

Friday, 8:00 am to 4:30 pm excluding weekends and federal holidays). Federal holidays include the following: New Year’s Day, Washington’s Birthday, Martin Luther King’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, Christmas, and any days declared by the Government as holidays.

Use of Cell Phones: The use of cellular phones is permitted within certain areas of the medical center. All contractors are required to ask the Contracting Officer (CO) if there is doubt in the usage of cellular phones.

Smoke Free Facility: The Overton Brooks VA Medical Center is a smoke free facility. Smoking is prohibited inside any building except the smoking shelter on the facility grounds. Smokers are allowed to smoke outside the 25 foot boundaries from every entrance/exit. Violators shall be removed from the premises permanently.

11. INVOICE AND PAYMENT:

Contractor shall invoice the Overton Brooks VA Medical Center in arrears only after the completion and acceptance of all Deliverables identified in this Statement of Work. Invoice shall be properly prepared and sent to the VA Financial Service Center at: P.O. Box 149971. Austin, Texas 78714-8971.

The invoice shall be properly prepared in accordance with FAR 52.212-4, contain sufficient details, and at a minimum, include the following details: (1) IFCAP Obligation Number (2) Contract Number (3) Description of the supply/service rendered (4) Billing period/date when the supply/services were rendered and (5) Invoice number and date

Payments will be made in accordance with the Prompt Payment Act out of the Government annual appropriated funds obligated in an order which will be issued after the contract is awarded.

Notes: invoices that are not in compliance with the aforementioned requirements under this paragraph will be rejected for payments and required to be resubmitted.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

8.00 EA ________________

GH3+ 770lbs Patient Lift with Scale. Lift comes with Transformer and Hanger Bar. Rail installation of up to a 4Mx4M H-Frame Rail Design

LOCAL STOCK NUMBER: 552154

8.00 EA ________________

Installation of the above system.

LOCAL STOCK NUMBER: 9999-1

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

Delivery and complete installation is required within 45 days after award.

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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of ;

(2) Any order for a combination of items in excess of ; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after .

(End of Clause)

C.5 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within . Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

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

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[X] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran- Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b).