Solication 36C26322Q0224.pdf

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Attached to: J045--Air Balancing Services (Omaha and Grand Island)
Solicitation number: 36C26322Q0224
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 23

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PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

636-22-2-5058-0042

36C26322Q0224 02-14-2022

John Milroy 605-336-3230 02-25-2022

4:00 PM CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

238220

$16.5 Million

N/A

Nebraska-Western Iowa VA Health Care Sys

4101 Woolworth Avenue

Omaha NE 68105

2501 W. 22nd St.

Sioux Falls SD 57105

Department of Veteran Affairs

Electronic Invoicing System

Tungsten Electronic Invoicing

VA Tungsten Number is: AAA544240062

Refer to VAAR Clause 852.232-72

1-877-489-6135

See CONTINUATION Page

Inspection and Testing Service for the Air Balancers for the

Nebraska-Western Iowa VA Health Care System.

Period of Performance

Base Year - 04/01/2022 to 03/31/2023

Option Year 1 - 04/01/2023 to 03/31/2024

Option Year 2 - 04/01/2025 to 03/31/2025

Option Year 3 - 04/01/2025 to 03/31/2026

Option Year 4 - 04/01/2026 to 03/31/2027

See Section B the Performance Work Statement for specific requirements and 52.212-2 Evaluation—Commercial Items for specific requirements for quote submittal.

Failure to submit any of the required information, statement or certifications may result in rejection of the quote without further consideration for award.

See CONTINUATION Page

636-3620162-5058-854100-3220 010055592

636-22-2-5058-0042

X One

Scott Morrison

NCO2316L2-65423

36C26322Q0224

Table of Contents

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT (PWS)

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

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

(DEVIATION)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 22

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

WAGE DETERMINATION-DOUGLAS COUNTY NEBRASKA

WAGE DETERMINATION-HALL COUNTY NEBRASKA

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.212-2 EVALUATION— COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.3 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS— COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

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

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

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

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

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] See PRICE/COST SCHEDULE

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

Requests.

Department of Veteran Affairs

Electronic Invoicing System Tungsten Electronic Invoicing VA Tungsten Number is: AAA544240062 Refer to VAAR Clause 852.232-72 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

12.00 MO __________________ __________________

Monthly Service of Omaha Air Balancers

Contract Period: Base POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Monthly Service of Grand Island Air Balancers

Contract Period: Base POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors

4.00 QTR __________________ __________________

Quarterly inspection of Omaha Air Balancers

Contract Period: Base POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors

Contract Period: Option 1 POP Begin: 04-01-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors

Contract Period: Option 2 POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors

Contract Period: Option 3 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors

Contract Period: Option 3 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors

Contract Period: Option 4 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT (PWS)

1. TITLE: Air Balancing services to support the Nebraska – Western Iowa VA Health Care System.

2. GENERAL OVERVIEW: Contractor shall provide all labor and material to maintain the VAHCS

Air Balancing in working order.

3. DEFINITIONS OR ACRONYMS:

3.1. AABC: Associated Air Balance Council

3.2. CO: Contracting Officer

3.3. NEBB: National Environmental Balancing Bureau

3.4. TAB: Testing, Adjusting and Balancing

3.5. TAB Certification: Testing, Adjusting and Balancing Certification

3.6. TABB: Testing, Adjusting and Balancing Bureau

3.7. VAHCS: Nebraska – Western Iowa VA Health Care System

3.8. VAMC: Omaha VA Medical Center and Grand Island Medical Center

3.9. VATR: VA Technical Representative

4. PLACE OF PERFORMANCE:

4.1. Department of Veterans Affairs, Nebraska-Western Iowa VA Health Care System, 4101

Woolworth Ave. Omaha, NE 68105

4.2. Department of Veterans Affairs, Grand Island VA Medical Center, 2201 N Broadwell Avenue

4.3. Grand Island, NE 68803

5. PERIOD OF PERFORMANCE:

5.1. This will be a single award Firm Fixed Priced Contract with a period of performance:

5.2. Base Year - 04/01/2022 to 03/31/2023

5.3. Option Year 1 - 04/01/2023 to 03/31/2024

5.4. Option Year 2 - 04/01/2025 to 03/31/2025

5.5. Option Year 3 - 04/01/2025 to 03/31/2026

5.6. Option Year 4 - 04/01/2026 to 03/31/2027

5.7. 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.

Determination of fair and reasonable prices, a bilateral modification will be required prior to the services commencing.

6. PERSONNEL CONTACT INFORMATION:

6.1. The contractor shall provide to the contracting officer (CO) and the technical representative

(VATR) active mobile numbers, email addresses, and/or SMS texting numbers which can always be used to alert the contractor, including weekdays, weeknights, weekends, and holidays. The VATR is the primary contact who should be the first VA individual contacted.

Include the VATR on all correspondence.

7. HOURS OF OPERATION

7.1. Normal work hours 06:00–17:00:

7.2. Federal holidays observed by Sioux Falls VA Health Care System can be located at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

7.3. Work shall be performed at the VAMC after normal working hours and/or on the weekends and the schedule must be approved by the COR or the VATR prior to work start.

8. POINTS OF CONTACTS

8.1. Facility Point of Contacts

8.1.1. Primary – Dave Blanton, 402-995-5961 & 402-982-9809, Dave.Blanton@va.gov

8.1.2. Secondary – Jeff Fryman, 402-995-3410 & 402-515-8804 Jeffery.Fryman@va.gov

8.2. Omaha Point of Contacts

8.2.1. Normal work hours 06:00–17:00:

8.2.2. After-hours work 17:00–06:00:

8.2.3. Primary – AC Plant Operators, 402-995-3280

8.2.4. Secondary – Dave Blanton, 402-982-9809

8.3. Grand Island Point of Contacts

8.3.1. Normal work hours 06:00–17:00:

8.3.2. After-hours work 17:00–06:00:

8.3.3. Primary – William Sis, 308-395-3400, William.sis@va.gov

8.3.4. Secondary – Boiler Plant Operators, 402-395-3400

9. REPORTING:

9.1. Contractor personnel shall report to the VA site representative to sign in and acquire a badge when arriving at VA property. (Omaha Bld 1 room B500, Grand Island Bld 7)

9.2. Contractor personnel shall report to the VA site representative to sign out and return the badge before departing the VA facility at the end of each week (Omaha Bld 1 room B500, Grand

Island Bld 7).

9.3. The Contractor will provide a schedule to the VATR five days prior to the start of the performance period for completing the Air Balancing outlined in this SOW. The maintenance schedules, and any modifications to such schedule, must also be approved in advance by the

VATR. The contractor will provide a written report as described in this SOW to the VATR that day and no later than 15 business days after completion for hard copy of said report.

10. GENERAL REQUIRMENTS:

10.1. Work under this section shall be accomplished using personnel thoroughly experienced and certified in the application of the established procedures and using instrumentation as recommended.

10.2. Work under this section shall be performed in accordance with established procedures contained in the reference standards.

10.3. Failure of contractor to comply with the requirements of this standard may result in system rejection without any responsibility on the VA.

10.4. Work under this section shall be performed in accordance with established procedures contained in the reference standards.

11. TEST, ADJUST AND BALANCE OBJECTIVES

11.1. The following are main objectives of HVAC Test, Adjust and Balance (TAB) procedure:

11.1.1. Balancing air and water (if applicable) flow rates.

11.1.2. Measuring electrical performance of HVAC equipment.

11.1.3. Verifying HVAC control system components operation.

11.1.4. Room/Building pressurization.

11.1.5. Room/Building Temperature & Relative Humidity Measurements.

11.1.6. HVAC system shall not be deemed acceptable until the approval of the Contractors result report. Corrective actions done to the HVAC systems to correct the settings to an https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ acceptable limit, shall not be an additional expense to the VA and/or delay in the completion schedule.

11.1.7. The Contractor shall furnish all labor necessary to run the TAB and obtain required information. Any test not considered satisfactory to the VA shall b preformed again in the presence of the VATR to ascertain compliance with this standard. Any adjustments, such as changing sheaves, and belts to the equipment as called for in the standard shall be done without additional expense to the Contractor.

12. WORK DESCRIPITION

12.1. The contractor shall provide all necessary supervision, labor, equipment, and material necessary to perform the inspection in accordance with all terms, conditions, provisions, specifications, and schedules.

12.2. All scheduling of work shall be done with the COR within 5 days of arrival to complete the inspections.

12.3. All inspections will be performed on weekends between (08:00am thru 17:00) unless special arrangements have been made with the COR.

12.4. Work and inspections shall be performed at the first weekend of each Month. If the contractor cannot enter certain areas due to Infection Control Measure, the contractor will return during the month to complete the inspection when these areas are available as determined by the COR or VATR at no extra expense to the VA.

12.5. All discrepancies will be reported to the VATR immediately to initiate corrective actions.

Discrepancies that can be resolved will require the contractor to re-balance the area before leaving the Medical Facility at no extra expense to the VA.

12.6. If the VATR cannot resolve the issue within a reasonable time (2 hours), the contractor will be scheduled to re-inspect the area at another time as not part of this contract.

12.7. Work and inspections shall be performed on consecutive days until all services are completed.

12.8. Contactor shall report to the VATR to sign in and acquire appropriate badge and keys.

12.9. Contractor shall provide to the COR competency documents for its representative working at the Medical Center.

12.10. Contractor shall report to the VATR to sign out and return the badge and keys.

12.11. Contractor shall report to the VATR upon arrival and before departing the Medical Center whenever repair work is being performed after hours, weekends or holidays.

12.12. Contractor shall provide a copy of all checklists, data, notes and/or preliminary reports gathered during the inspection per HVAC Design Guide before departing the Medical Center to the VATR or designated personnel.

12.13. Contractor shall furnish a final report in paper and/or electronic formats produced in Micro-

Soft Word or in PDF form for each service preformed within 15 days of inspection completion.

12.14. All equipment used by the Contractor shall meet all Federal, State, and local requirements.

Government will not be held responsible for any repairs, replacement, or loss of Contractor equipment.

12.15. Contractor shall be diligent to protect Government property from damage. Contractor shall be bonded and insured for repairs and replacement of government property or any liability for damage to private property or harm to anyone physically. Any damage to VA property or equipment must be repaired or replaced to original condition.

12.16. Contractor shall utilize products and chemicals that are considered “Green” to the greatest extent possible. Contractor shall provide product information for approval to the COR at least one week prior to use. Contractor shall keep current Safety Data Sheets on all products used or store on site.

12.17. All products, equipment, and work areas shall be kept clean and orderly. Storage of products and tool in the Medical Facility will be limited to one day and the contractor will responsibility for security of all products and equipment.

12.18. Parking for Contractor’s employees and or subcontractors shall be in designated areas only as determined by the COR.

13. SERVICES BEYOND THE CONTRACT SCOPE

13.1. Contractor shall immediately, but not later than 24 hours after discovery, notify the CO, COR of any defects or repairs to the scheduled equipment which the contractor considers he/she is not responsible for under the terms of this contract.

14. TAB REQUIRMENTS

14.1. Contractor/Vender to supply Certificates of Calibration for all instruments used in conducting the balancing of systems including, function, minimum range, minimum accuracy, minimum resolution, manufacturer, model, serial number, frequency of calibration and date of last calibration.

14.2. Contractor/Vender shall supply a detailed written report making special notations of variances from design quantities, a sample report is included.

14.3. All work shall be performed by a TAB Qualified Technician under the direct Supervision of a

TAB Qualified Supervisor as defined herein:

14.4. TAB Certified Firm: A TAB Certified Firm is a firm that has met and maintains all the requirements of the AABC, NEBB, or TABB for firm certification in Testing, Adjusting, and

Balancing (TAB) and holds a current certification.

14.5. TAB Qualified Supervisor: A TAB Qualified Supervisor is a full-time employee of the firm in a management position who has successfully passed the AABC, NEBB, or TABB TAB

Supervisor/Professional Certification level written and practical qualification examinations and holds a current certification.

14.6. TAB Qualified Technician: A TAB Qualified TAB Technician is a full-time employee of the firm who has successfully passed the AABC, NEBB, or TABB technician level TAB certification and holds a current certification.

15. DOCUMENTATION

15.1. All inspection/work will be documented in a written report that meets the Joint Commission

Standards. All work, tolerances, and adjustment will be noted in the work report.

15.2. A TAB Qualified Technician shall be supervised by a TAB Qualified Supervisor. All documentation will be reviewed and approved by the TAB Qualified Supervisor.

15.3. A copy of the work documentation will be provided to the Nebraska-Western Iowa VA Health

Care System Engineering Staff.

16. CONDITION OF EQUIPMENT

16.1. The contractor accepts responsibility for the equipment described in “as is” condition.

16.2. Failure to inspect the equipment prior to contract award shall not relieve the contractor from performance of the requirements of this contract.

16.3. Identification, Parking, Smoking and VA Regulations

16.4. Contractor’s personnel shall always wear visible identification while on the premises of the

VA. Identification shall include as a minimum, the employee’s name, position, and contactor’s trade name.

16.5. It is the responsibility of the contractor to park in the appropriate designated parking areas.

Information on parking is available from the VA Police Service. VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions.

16.6. Smoking is prohibited inside all VA buildings and any part of the VA propriety.

16.7. Viewing of the most recent test results and as built drawings can be obtained from Engineering

Service by request. Contractor may perform an on-site tour/inspection of the facility upon request with proper notice at a mutually agreeable time.

17. ROOM INSPECTIONS

17.1. Monthly Inspections

17.1.1. Omaha

17.1.2. ACC: Rooms 2315, 2334, 2504, 2401 OR #1, 2402 OR #2, 2407 OR #3, 2408 OR #4, and 2409 OR #5.

17.1.3. Main Hospital Rooms: 2102A Echo Procedure, 2103B Echo Procedure, 4361A, 4361, 4370 SPS Decon, 4373B, 4374D, 4374G, 4374C, 4374, 4374E in Main SPS. OR suites rooms 4750 OR #7, 4754 OR #1, 4758 OR #2, 4764 OR #3, 4786 OR #4, 4790 OR #5, 4810 OR #6, 4775A, 4775B, 4819, and 4816. 8th Floor rooms 8301, 8302, 8303, 8304, and 8305.

17.1.4. Grand Island Main Hospital Rooms: Room 1 SPD and Room 2 Decon.

18. QUARTERLY INSPECTIONS

18.1. Omaha

18.2. Main Hospital Rooms: B040 Morgue, B524, B524A, B526, and B526A in Basement

SPS,1363, 1367, and 1367 in ER, 2572, 2570, 2571 and 2801 in Cath Lab, 2567, 2564 and

2568 in Radiology, 2401, 2416 and both Anti rooms in ICU, 2030, 2031, 2036 and 2037 in

Nuclear Medicine, 2066. 4201,4202, 4204 in Surgery Prop, 5103, 5104, 6103, 6104, 7103, 7104 and all Anti Rooms for Negative Isolation, 7610 in Chemo Infusion.

18.3. Building 6 Dental Clinic: Rooms 111, 112, 113, 114, 115, 121, 122, 124, 125, 126, 127, 128, 131, 304 and 305.

18.4. Grand Island - None

19. VENDOR REPORTING

19.1. Contractor shall sign in with the A/C Plant Operator prior to starting work and upon completion of work. Work is to be performed on weekends. All discrepancies will be reported to the A/C Operator who will initiate corrective actions as required. Discrepancies that can be resolved will require the contractor to re-balance the effected room or rooms. if the discrepancies are to complex, then the room will have to be re-balanced at another time as not a part of this contract. If the discrepancies are to complex, then the room will have to be re-balanced at another time as not a part of this contract. All results will be emailed to the Plants

Supervisor (Dave Blanton) and the M & O Supervisor (Jeff Fryman). Points of contract are the

A/C Plant, 402-995-3280 or 402-676-8241.

20. GRAY MARKET PREVENTION

20.1. Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

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

20.3. The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items. Reverse engineered and/or refurbished parts shall not be utilized under the terms of this contract without explicit permission, in writing, from the Contracting Officer.

21. VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR ENSURING ADEQUATE

COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

21.1. Contractor employees who work in or travel to VHA locations must comply with the following:

21.2. Documentation requirements:

21.2.1. If fully vaccinated, shall show proof of vaccination.

21.2.1.1. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination

Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination

21.2.2. If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug

Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

21.2.3. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to

VA facilities and after entry for spot inspections by Contracting Officer Representatives

(CORs) or other hospital personnel.

21.2.4. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

21.3. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to

VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19

Screening Tool. Regularly check the website for updates.

21.4. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

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

21.6. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental

Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

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SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(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;

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2021) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15

U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15

U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020)

(15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020)

(DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (36) 52.222-54, Employment…

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