Solicitation 36C26322Q0005.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 71

636-22-1-5058-0008

36C26322Q0005 10-05-2021

Angela Stewart 605-336-3230 x7804 10-13-2021 10:00am CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

238220

$16.5 Million

N/A

X

Nebraska - Western Iowa VA Health Care System 4101 Woolworth Avenue Omaha NE 68105

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

Financial Services Center via the Tungsten Network reference VAAR 852.232-7

See CONTINUATION Page

McQuay Chiller Repair services to support the Nebraska - Western Iowa VA Health Care System in Omaha, NE Period of Performance: 11/05/2021 to 11/04/2022

This is a total set-aside for Service Disabled Veteran Owned Small Businesses

Contractors are responsible for the correct SCA Wage and Determination classification of workers and compliance with all wage and hour laws.

Prospective offerors must be verified as an SDVOSB in the VIP system and have an active SAM registration at the time of the offer and upon award.

This solicitation will result in a firm fixed price contract

See CONTINUATION Page

636-3620162-5058-854100-3220-010055592 636-22-1-5058-0008

X X

Curt LaRose

VHA-RPOC-2021-17

36C26322Q0005

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

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

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

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUL 2021)

C.7 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2021) 47

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 (FEB 2021) (JUL 2020) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

a) Contractor Information Company Name and Address:

Data Universal Numbering System (DUNS) Number:

Contact Person(s) Name:

Contact Person(s) Email:

Contact Person(s) Telephone:

b) Government Information

Angela Stewart Contract Specialist Department of Veterans Affairs Network Contracting Office 23 (NCO 23) 2501 W. 22nd Street Sioux Falls, South Dakota 57105

2. CONTRACT REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management, and VAAR 852.232-72, Electronic Submission of Payment Requests.

3. INVOICES: Invoices shall be submitted in arrears. Submission will be quarterly for the previous quarter of the period of performance and no later than 15 calendar days after the close of the period of performance being invoiced for. Invoices shall be based on the applicable fixed rates for services provided to VA as in accordance with the contract terms and conditions. The VA Technical Representative (VATR) will review all invoices submitted. The VATR is responsible for certifying invoices for payment for only those services received and deemed acceptable by VA.

4. GOVERNMENT INVOICE ADDRESS: All invoices shall be submitted by the contractor via the Tungsten Network (previously OB10) electronic invoicing system. Refer to the Tungsten Network website at http://www.tungsten-network.com/us/en/veterans-affairs-us/ for additional information for system registration, user guides, and help desk contacts.

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

Amendment Date http://www.tungsten-network.com/us/en/veterans-affairs-us/ http://www.tungsten-network.com/us/en/veterans-affairs-us/

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Services detailed in Requirement #1 – Repairs section A of the performance work statement Contract Period: Base POP Begin: 11-05-2021 POP End: 01-18-2022 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

1.00 UN __________________ __________________

Services detailed in Requirement #2 – One-year warranty section B of the performance work statement Contract Period: Base POP Begin: 11-05-2021 POP End: 11-04-2022 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

GRAND TOTAL __________________

McQuay Chiller Contract – Omaha VAMC NWIHCS

B.3-6

B.3 PERFORMANCE WORK STATEMENT

I. GENERAL DESCRIPTION:

This contract relates to the services needed on HVAC equipment located at the Omaha Medical Center of the Department of Veterans Affairs Nebraska-Western Iowa Health Care System. This performance work statement includes service actions of replacement, maintenance, repair, and installation on an existing 450-ton McQuay water-cooled chiller.

II. PERFORMANCE LOCATION:

Department of Veterans Affairs Nebraska-Western Iowa Health Care System Omaha VA Medical Center 4101 Woolworth Avenue Omaha, NE 68105

III. PERSONNEL CONTACT INFORMATION:

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. Both parties entering the contractual agreements will include three points of contact as a double redundancy for communication.

a) Normal work hours 06:00–17:00:

a. Primary – Josiah Curley, 402-995-5545 & 918-581-4171, Josiah.Curley@va.gov

b. Secondary – Dave Blanton, 402-995-5961 & 402-982-9809, Dave.Blanton@va.gov

c. Tertiary – Griffin Walsh, 402-995-3741 & 531-232-9231, Griffin.Walsh@va.gov

b) After-hours work 17:00–06:00:

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

b. Secondary – Boiler Plant Operators, 402-995-4830

IV. EQUIPMENT:

The Omaha Medical Center’s HVAC system includes one 450-ton McQuay water-cooled chiller whose general specifications are detailed below. For further equipment details and engineering specifications pertaining to the McQuay chiller, the contractor will need to contact the manufacturer directly.

• Manufacturer – McQuay International

• Current model – PEH087-ABBB

• Style type – 9666382010

• Serial number – 58C81053-00

• Primary electrical voltage – 208 V @ 3 KVA

• Secondary electrical voltage – 115 V @ 3 KVA

• Minimum circuit amperage – 1000 A

• Rated load amperage – 806 A

• Maximum overcurrent protection – 1425 A

B.3-7

• Refrigerant – 1860 lbs of R134A

• Evaporator (component of chiller)

i. Serial number – 58C0011000

ii. Model number – F3016SF2LC

iii. Style – 066638201E

iv. Year – 1998

• Condenser (component of chiller)

i. Serial number – 58C0011500

ii. Model number – C3016SNYY2LD

iii. Style – 066638201C

iv. Year – 1998

V. CONTRACTUAL REQUIREMENTS AND PERFORMANCE CRITERIA:

The contractor shall furnish necessary labor, tools, equipment, personnel, and transportation to complete each of the below items described by reasonably achievable means upon award. The awarded contractor must abide to the contractual requirements and performance criteria outlined in this section of the performance work statement. The contractor may be required in some instances to perform work outside of normal business hours to ensure that the performance criteria and contractual requirements are satisfied within the performance period.

A. Requirement #1 – Repairs

The contractor shall have 45 calendar days from the contract award date to complete repairs on the McQuay chiller. Repairs will not be considered complete under this contractual agreement until the chiller has been made operational and that the equipment has operated without issue for 30 consecutive days delivering the intended engineering design outputs as per the manufacturer’s specifications and output parameters. The 45-day repair requirement is subject to changes depending on equipment and material lead-times as well as unanticipated complexities that may occur and delays in the repair program are to be communicated to the VA representative. The total period of performance for this requirement for both repairs and the 30 day trial period is 75 calendar days. Repairs are defined as the list of line-item repairs included in this contract below as well as repairs that are required to restore the chiller to its originally intended operational state as deemed by the manufacturer’s engineering specifications and design. It is up to the contractor to recommend a supplemental repair program, if necessary, to the repair actions listed in this performance work statement that will achieve this objective of restoring the McQuay chiller to its normal operational state. The contractor shall recommend and provide a final detailed repair schedule for the McQuay chiller within five business days prior to the start of the contract based on the contents and requirements within this performance work statement. It is understood that this repair schedule will be subject to changes depending on the contingencies that arise during the contractor’s repair program. This repair schedule will be succinct, and the work detailed and scheduled will require approval by the VATR. The contractor shall adhere to this scheduling as best as possible unless it is impossible or else it is more beneficial for the VA to deviate from the approved repair schedule as determined by the VATR. The recommended supplemental repairs should not be excessive per manufacturer’s instructions and should be reasonably achievable both economically and practically from an engineering standpoint by both the contractor and the VA. The following action items may need to be included under the contractor’s repair program for this performance work statement’s contractual requirements and performance criteria to be satisfied. The action items listed below are services believed to be needed on the McQuay chiller by the VATR. These services may need to be included into the contractor’s repair program and are not necessarily comprehensive. Also, the necessary services required to repair the chiller may

B.3-8 depend on the actual physical state of the equipment on award date as well as the recommendations made by the contractor and the chiller manufacturer McQuay.

• Chiller teardown and overhaul

• O-rings, gaskets, covers, and seals replacement

• High speed assembly replacement

• Oil and mist eliminators replacement

• Oil pump servicing

• Compressor inspection

• Compressor bearings and seals replacement

• Replacement of 1860 pounds of R134A

• Mist eliminator elements servicing and related assemblies

Five business days after award, the head contractor will be required to attend an award kickoff meeting via phone through Microsoft Teams to discuss the contents contained within this performance work statement to ensure that questions, concerns, and expectations are brought up and addressed prior to the start of work to remove any contractual ambiguity between both parties during the performance period with the VA. The contractors proposed repair program will be discussed to ensure the repair program meets the 45-day period of performance.

B. Requirement #2 – One-year warranty

The contractor shall provide a one-year warranty period on equipment replaced and installed by the contractor. This warranty will begin the moment the consecutive 30-day trial period is completed for the verification of McQuay’s normally functioning state and does not begin until the trial period is certified complete by the VATR. During this 30-day trial period, the contractor shall be expected to return on site to correct any deficiency issues that arise within 48 hours of notification by the VA. The contractor shall perform the repairs needed to restore the equipment;

then, a new consecutive 30-day trial period will re-start once the repairs are complete to verify proper equipment operation. This requirement does not include existing VA owned equipment requiring maintenance to achieve normal chiller operations. Instead, this requirement applies only to newly acquired equipment that the VA will need to purchase through the contractor. The contractor must hold a pre-warranty expiration meeting with the VATR to discuss any existing issues or concerns that may fall under the context of the warranty agreement pertaining to the normal operational functions of the McQuay chiller in accordance with the manufacturer’s specifications prior to the end of the one-year warranty period.

C. Modifications and Repairs

If additional unanticipated major repair items are required to make the McQuay chiller operational (i.e. repairs that could reasonably constitute the equipment reaching its end-of-life, as the result of major mechanical component failure), the contractor shall provide the nature of the repair and a budgetary cost estimate for such repairs in writing in the form of a quote. The contractor shall also provide a quote or prior invoice from another contract for the additional services needed. The CO reserves the authority to make the determination on the VA’s behalf as to whether the pricing of services presented by the contractor constitutes fair and reasonable market pricing. As an alternative, the contractor shall provide a copy of an awarded prior contract with a federal agency for the same or similar types of repairs. If the cost for repairs exceed the amount in the applicable line item in the price/cost schedule, the CO may issue a bilateral contract modification to increase funding for authorized repairs after determining that the prices are fair and reasonable. Any additional charges claimed must be approved by the CO before services commence. Any additional work performed by the contractor without the prior written approval of the CO will be performed by the contractor at no additional cost or liability to the Government. Parts may be

B.3-9 repaired or replaced as the contractor deems appropriate so long as amount listed in CLINs cited in price/cost schedule are not exceeded. Only newly certified and/or recently refurbished equipment sold through authorized channels and distributors shall be used to affect repairs in this performance work statement’s contractual requirements.

D. Invoicing Submissions

The contractor shall submit final invoices on any services performed no later than 30 days after the end of the period of performance of the contract. This ensures a timely closeout of contracts for both the VA and the contractor.

E. Documenting Performance:

The Government shall document positive and/or negative performance of the award contractor.

Any report may become a part of the supporting documentation for any contractual action and may also be used in preparing annual past performance evaluations using the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov. If contractor performance is not satisfactory, the CO shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case, the CO shall document the discussion and place it in the contract file. When the VATR and the CO determines formal written communication is required, the VATR shall prepare a Contract Discrepancy Report (CDR), and present it to CO. The CO will in turn review and will present to the contractor's program manager for corrective action. The contractor shall acknowledge receipt of the CDR in writing within one business day of receipt. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor must present this corrective action plan to the CO. The Government shall review the contractor's corrective action plan to determine acceptability. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance and the acceptability of the contractor’s corrective action plan. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

F. Limitations on Subcontracting

By submission of an offer and execution of a contract, the offeror/contractor agrees to comply with the Limitations on Subcontracting applicable to this procurement (i.e. the contractor will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees).

G. Records Management Obligations

1. Applicability

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

2. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the

B.3-10 organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

a. includes Department of Veterans Affairs records.

b. does not include personal materials.

c. applies to records created, received, or maintained by Contractors pursuant to their

Department of Veterans Affairs contract.

d. may include deliverables and documentation associated with deliverables.

3. Requirements

a. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C.

chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

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

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

d. Department of Veterans Affairs and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Department of Veterans Affairs or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Department of Veterans Affairs.

The agency must report promptly to NARA in accordance with 36 CFR 1230.

e. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated

B.3-11 or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Department of Veterans Affairs control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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

g. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veterans Affairs policy.

h. The Contractor shall not create or maintain any records containing any non-public Department of Veterans Affairs information that are not specifically tied to or authorized by the contract.

i. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

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

4. Flowdown of requirements to subcontractors

a. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

b. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

H. Service Contract Labor Standards Requirement

The contractor shall provide hourly wages in accordance with U.S. Department of Labor (USDOL) Wage Determinations and FAR Subpart 22.10 (Service Contract Labor Standards); USDOL Wage Determinations are attached in Section D below. For guidance on Service Contract Labor Standards and to find the nearest USDOL resource, please refer to https://www.dol.gov/whd/local/index.htm.

B.3-12

I. VETS-4212 Reporting Requirement

The contractor shall complete VETS-4212 reporting in accordance with FAR requirements. For references see below.

I. FAR 52.222-35, Equal Opportunity for Veterans II. FAR 52.222-37, Employment Reports on Veterans

III. Please refer to https://www.dol.gov/agencies/vets/programs/vets4212 for guidance on completing the required VETS-4212 report.

J. General Requirements

a. The contractor will be required to meet with the VATR to hold a kickoff meeting to discuss the contents contained within this performance work statement to ensure that questions, concerns, and expectations are brought up and addressed prior to the start of work to remove any contractual ambiguity.

b. The contractor personnel shall report to the VA site representative to sign in and acquire a badge, and they shall report back to the VA site representative to sign out and return the badge before departing the facility at the end of each day.

c. The contractor personnel shall wear an identification badge provided by the VA when performing contractual work on federal property.

d. If certain repair work is unable to be performed during normal business hours, arrangements will be made with the contractor and VATR for establishing a schedule to perform the work during after-hours.

e. The contractor will be responsible for providing electronic documentation detailing work performed at the end of each week or upon completion of work. It is the contractor’s responsibility to maintain a detailed account of work performed as well as the respective documentation of that work so that the VATR will be provided with a comprehensive record of the contract deliverables proving contractual requirements were, in fact, completed and documented. USBs or external hard drives will not be accepted as a method of providing digital documentation of contract deliverables to the VA, as they pose an IT security risk.

f. The contractor will be responsible for ensuring that workplace safety regulations, such as regulations established by OSHA, are always adhered and that a clean, non-cluttered workspace is maintained upon completion of any repair work and related services. At no time will the contractor personnel leave equipment or leftover materials on location when work being performed is not continual 24-hour work unless the VATR has given explicit written permission to the contractor to do so.

K. Reporting Documentation:

The contractor will be responsible for providing weekly documentation of incremental work completed, if any, to the primary and secondary points of contact listed prior. Documentation should be submitted to the VATR when maintenance of any kind is performed, inspections of equipment is completed, inventory of materials is certified, or emergency repair work is finished.

The documents (in the form of electronic documents, preferably PDFs) should regularly be emailed to the VA representatives at least one week after inspection or completion of work to

B.3-13 include the repairs and replacements performed. All services provided and performed to and for to the VA must be documented digitally (or electronically scanned written documentation) and presented to the VA for records keeping.

L. Gray Markey Prevention Language:

a. Gray market items are original equipment manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors.

This procurement is for a services contract for maintenance of medical equipment for VA Health Care Systems. No remanufactures or gray market items will be acceptable.

b. The contractor 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.

c. The delivery of gray market items to the VA in the fulfillment of an order/award/contract constitutes a breach of contract. Accordingly, VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at VA’s election allowing the contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA Health Care System upon discovery of such items.

M. EQUIPMENT IMAGES:

Image #1: Low speed shaft (close-up)

B.3-14

Image #2: Low speed shaft seal bearing (side)

Image #3: Low speed shaft seal motor (side)

B.3-15

Image #4: Low speed shaft

Image #5: High speed active thrust pump

B.3-16

Image #6: High speed pinion

Image #7: Mist eliminators

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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar days prior to contract expiration.

(End of Clause)

C.3 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.

[] 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…