Solicitation 36C26322Q0088.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 51

636-22-1-5058-0007

36C26322Q0088 11-22-2021

John Milroy 605-336-3230 12-03-2021

12:00 PM CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

541350

$8 Million

N/A

X

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

Medical gas system inspection & maintenance service for the

Nebraska-Western Iowa VA Health Care System.

BASE YEAR: 01/01/2022 to 12/31/2022

OPTION YEAR ONE: 01/01/2023 to 12/31/2023

OPTION YEAR TWO: 01/01/2024 to 12/31/2024

OPTION YEAR THREE: 01/01/2025 to 12/31/2025

OPTION YEAR FOUR: 01/01/2026 to 12/31/2026

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.

$0.00

See CONTINUATION Page

636-3680160-2301-825500-2645- 010055543

636-22-1-5058-0007

X X

X One

Scott Morrison

NCO2316L2-65423

36C26322Q0088

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

2018)

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) ... 23

C.5 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS.(OCT 2021) (DEVIATION)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.9 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2021) 29

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

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

ITEMS

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

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

E.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 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] After Each Service

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

2.00 UN __________________ __________________

Medical Gas Maintenance & Inspection Nebraska-Western Iowa VA Health

Care System Contract Period: Base POP Begin: 01-01-2022 POP End: 12-31-2022 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H365 - Inspection - Medical, Dental, and Veterinary Equipment and Supplies

Care System Contract Period: Option 1 POP Begin: 01-01-2023 POP End: 12-31-2023 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Care System Contract Period: Option 2 POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Care System Contract Period: Option 3 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Care System Contract Period: Option 4 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT

1) GENERAL DISCRIPTION:

a) This contract calls for the maintenance of the equipment as described below. The contractor shall furnish necessary labor, tools, equipment, and transportation to provide preventive maintenance, repair services, and equipment inspections for the current existing medical gas equipment and systems located at the Omaha and Grand Island

Medical Centers of the Department of Veterans Affairs Nebraska-Western Iowa Health

Care System. Medical gas systems are systems distributing to patient care areas vacuum suction as well as any of the following pressurized gases: oxygen, medical air, nitrogen, nitrous oxide, and carbon dioxide. This contract does not include preventive maintenance, repair services, and equipment inspections on the liquid bulk and reserve oxygen tanks as the primary source of hospital oxygen. Also, this contract does not include any liability for equipment located on the bulk and reserve tanks’ concrete pad.

However, this contract does include preventive maintenance, repair services, and equipment inspections on gaseous oxygen manifold systems intended for emergency use only. Below is an outline of the contractual performance requirements the contractor is required to deliver to the VA.

b) The contractor will perform operating inspection, scheduled preventative maintenance, emergency service requests, and proactive maintenance actions to machines (i.e.

medical air compressors, medical vacuum pumps, alarm panels, master alarm panels, zone valves, source valves, riser valves, area alarms, outlets, inlets, and manifold systems) ensuring that vacuum generating equipment, medical air compressors, medical gas distribution lines, vacuum distribution lines, and gas manifold systems are functioning, available, and ready to deploy services as needed to designated patient rooms.

c) The contractor will be responsible for ensuring that existing oxygen connection ports on the exterior of the VA Medical Center (including the VA Ambulatory Care Center) are maintained, inspected, and function tested at the respective manufacturers’ recommended intervals for the system equipment. This emergency port is only used if the primary and reserve liquid oxygen bulk tanks are disabled due to a catastrophe, and the connection port is the VA Medical Center’s last lifeline for patient oxygen supply before resulting in an indefinite stoppage of mission critical functions as per VHA directives.

2) PERFORMANCE LOCATION:

a) Department of Veterans Affairs Nebraska-Western Iowa Health Care System, Omaha

Division Medical Center, 4101 Woolworth Avenue, Omaha, NE 68105

b) Department of Veterans Affairs Nebraska-Western Iowa Health Care System, Grand

Island Division Medical Center, 2201 N Broadwell Ave, Grand Island, NE 68803

3) PERFORMANCE PERIOD:

a) BASE YEAR: 01/01/2022 to 12/31/2022

b) OPTION YEAR ONE: 01/01/2023 to 12/31/2023

c) OPTION YEAR TWO: 01/01/2024 to 12/31/2024

d) OPTION YEAR THREE: 01/01/2025 to 12/31/2025

e) OPTION YEAR FOUR: 01/01/2026 to 12/31/2026

4) HOURS OF SERVICES:

a) Normal Operational Hours (i.e. 06:00-17:00)

i) Preventive maintenance services and inspections shall be performed on weekdays during normal business hours between 06:00 CST to 17:00 CST unless other arrangements have been made with the appropriate representatives.

ii) Normally, work will not be done on federal holidays. A list of federal holidays is at

Federal Holidays (opm.gov).

iii) Any work scheduled outside of normal operational hours must be arranged and approved by the Nebraska-Western Iowa VA Health Care System Engineering with at least 24 hours of advanced notice.

5) NEBRSAKA-WESTERN IOWA VA HEALTH CARE SYSTEM CONTACT INFORMATION:

a) Normal Work Hours (i.e. 06:00-17:00):

i) Omaha VA Medical Center contacts:

(1) Primary - Josiah Curley 402-995-5545 & 918-581-4171 Josiah.Curley@va.gov

(2) Secondary - Griffin Walsh 402-995-3741 & 531-232-9231 Griffin.Walsh@va.gov

(3) Tertiary - Plumbers / Pipefitters 402-995-3017

ii) Grand Island VA Medical Center Contacts:

(1) Primary - Josiah Curley 402-995-5545 & 918-581-4171 Josiah.Curley@va.gov

(2) Secondary - William Sis 308-382-3660 & 918-613-1621 William.Sis@va.gov

(3) Tertiary - Boiler Plant Operators 308-395-3400

b) After-Hours Work (i.e. outside of 06:00-17:00):

i) Omaha VA Medical Center

(1) Primary - Boiler Plant Operators 402-995-4830

(2) Secondary - AC Plant Operators 402-995-3280

ii) Grand Island VA Medical Center

(1) Primary - Boiler Plant Operators 308-395-3400

6) EQUIPMENT LIST:

a) The Omaha VA Medical Center’s medical gas systems that are included within the performance work statement in this contract consist of the following primary components listed below (only equipment designated and documented in-use by the VA Patient Care staff and Engineering staff fall under the purview of this contract. Any equipment not in-use or removed from the medical gas systems is not included in the SOW unless explicitly stated):

b) Main Hospital - Omaha

i) Two medical air compressor units

ii) Two vacuum compressor units

iii) Oxygen manifold

iv) Nitrous oxide manifold

v) Three master medical gas alarm panels

vi) Zone valves on each floor with medical gas distribution

vii) Riser valves on each floor with medical gas distribution

viii) Area alarm panels on each floor with medical gas distribution

ix) Inlet and outlet valves in patient rooms (see attached inventory below)

x) One emergency oxygen connection on the exterior of the building

c) Ambulatory Care Center (ACC) - Omaha

i) One medical air compressor unit

ii) One vacuum compressor unit

iii) Oxygen manifold

iv) Nitrogen manifold https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

v) Carbon dioxide manifold

vi) Nitrous oxide manifold

vii) One medical master gas alarm

viii) Zone valves on each floor with medical gas distribution

ix) Riser valves on each floor with medical gas distribution

x) Area alarm panels on each floor with medical gas distribution

xi) Inlet and outlet valves in patient rooms (see attached inventory below)

d) Main Hospital - Grand Island

i) Two medical air compressor units

ii) Two vacuum compressor units

iii) One air compressor unit

iv) Oxygen air manifold

v) Three medical master gas alarms

vi) Zone valves on each floor with medical gas distribution

vii) Riser valves on each floor with medical gas distribution

viii) Area alarm panels on each floor with medical gas distribution

7) REQUIRED CERTIFICATION

a) Certification: Proof of certification is required when submitting quotes.

b) ASSE Certification: American Society of Sanitary Engineering (ASSE) ASSE 6020 for system inspections, ASSE 6010 for system installations, ASSE 6030 for systems verifier, and ASSE 6040 systems maintenance.

c) Experience: Prior experience in The Joint Commission reporting requirement for medical gas inspections preferred.

8) CONTRACTUAL REQUIREMENTS AND PERFORMANCE CRITERIA:

a) REPORTING

i) The contractor personnel shall report to the VA site representative to sign in and acquire a badge.

ii) The 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.

iii) The contractor personnel shall wear an identification badge provided by VA when working under the resulting contract on Federal property.

b) INSPECTIONS

i) The contractor/inspector will perform a Purity/Cross Connection test and Particulate testing of 10% of all medical gas outlets at the Nebraska-Western Iowa Health Care

System Omaha VA Medical Center in Omaha, NE and the Grand Island VA Medical

Center in Grand Island, NE.

ii) Each year the inspections will be from a different 10% than the previous year.

iii) The 10% sampling for inspection is at contractor discretion with requirement that

10% be different sampling and rotated from previous years.

iv) The contractor will provide master alarm activation at all medical gas sources and medical/surgical vacuum pumps annually.

c) SERVICES:

i) The contractor will maintain the Medical Gas Systems in the Nebraska-Western Iowa

VA Health Care System per industry standards, federal regulations, VA Directives and State of Nebraska Regulations (i.e. NFPA 99 and VHA DIRECTIVE 7515).

ii) All work will be done safely and in accordance with OSHA Regulations, VA

Directives, and the State of Nebraska Regulations. The contractor will be responsible for ensuring that workplace safety regulations (i.e. OSHA) are always adhered and that a clean, non-cluttered workspace is maintained upon completion of any installation and maintenance work.

iii) At no time will contractors leave leftover equipment on location when work being performed is not continual 24-hour work unless the Department of Veteran Affairs

Personnel has given written permission to the contractor to do so.

iv) If certain maintenance work is deemed essential and a priority for VA mission critical functions, arrangements will be made with the contractor and VA representative (see below) for establishing an immediate contracting crew capable of performing work under 24-hour nonstop conditions until the mission critical maintenance work on medical gas and vacuum systems is complete (mission critical work as defined by

VHA Directive 7515(1)).

v) The vendor will provide a schedule of maintenance of the medical gas system to

Nebraska-Western Iowa VA Health Care System Engineering Services department within 5 days of the start of the contract’s performance period. The maintenance schedules must also be approved by Nebraska-Western Iowa VA Health Care

System Engineering Services department. All modifications to the approved maintenance schedule must be approved by the Nebraska-Western Iowa VA Health

Care System Engineering Services department.

vi) Regular preventative maintenance (defined as a maintenance recommended by the manufacturer as well as maintenance that does not alter the engineering design functions and outputs of the equipment but is required for the equipment to operate fully as originally intended by the manufacturer), as deemed necessary by the contractor, will be performed on an established service schedule prior to the beginning of the contract year.

vii) Prior to the start of the contracting period, the primary contractor will be required to meet with the COR 5 days prior to the beginning of the contract to hold an award kickoff meeting to discuss the contents contained within the performance work statement to ensure that questions, concerns, and expectations are brought up prior to the start of work to remove any contractual ambiguity during the performance period with the VA.

9) EMERGENCY SERVICE:

a) The contractor’s response to on-call emergency service shall be governed by the degrees of seriousness outlined below:

b) Minor Repair

i) Definition: A malfunction or failure of the medical gas system (or component of) is detected that has partially compromised but not completely compromised VA care givers’ ability to deliver necessary medical care to patients requiring the use of the medical gas and vacuum systems and associated equipment.

ii) Contractor Response: The contractor shall respond on location within 48 hours after notification by the contracting officer’s representative or designated personnel on the contacts list of a malfunction or failure of the medical gas and vacuum systems and associated equipment and immediately initiate corrective repair actions and maintenance to bring the respective equipment back up to proper operational outputs to restore the medical center’s medical gas system to its intended operating state.

c) Major Repair

i) Definition: A partial or complete failure of equipment in the medical gas system is detected that has impacted, or will shortly impact, VA care givers’ ability to deliver necessary medical care to patients requiring the use of the medical gas and vacuum systems to the point of shutting down VA medical operations (e.g. a mission stoppage of work in the Main Hospital and/or ACC as per VHA directives).

ii) Contractor Response: The contractor (and/or subcontractors) shall respond and be present on sight with the ability to begin repairs (and/or damage assessments) within

12 hours after notification by the COR or designated VA personnel in the contacts list of a partial or complete failure of the medical gas systems that has caused or will shortly cause a mission work stoppage. Under these conditions of equipment failure, the contractor shall be expected to work continuously (24 hours a day), Saturdays, Sundays, holidays, or to the maximum level necessary to initiate corrective maintenance and/or repair actions. If 24-hour a day work is required to re-establish assurance of the medical gas and vacuum distribution system, the contractor will be expected to deliver a crew capable of performing work on a 24-hour a day work schedule until the appropriate repairs have been affected. The major repairs include any manufacturers recommended maintenance items and any repairs that would not classify under the context of a post-end-of-life repair for equipment per an engineering evaluation and analysis.

10) REPAIR WORK:

a) If additional repairs not included under the definitions laid out in this document are required to make the medical gas systems operational, the contractor shall provide the nature of the repair and a budgetary cost estimate in the format of a quote (including line items for labor, materials, and all other related costs) needed to complete repairs in an inspection summary report. Any additional charges and repair work claimed must be approved by the contracting officer before service commences. 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 to the government.

b) Once it has been determined and agreed upon both by the VA and the contractor that the additional services needed to affect repairs are not included in this contractual performance work statement, monetary funds will need to be requested and approve by means of a PO if total repair expenses are less than $2500.00 or through means of a contract modification if total repair expenses are greater than $2500.00. The COR does not have the authority to approve the work outside of the SOW and any work performed by the contractor in good faith outside of the SOW. Any work performed by the contractor without the approval of the contracting officer or an approved purchase through a credit card PO will be completed or resolved at the expense of the contractor and not the VA.

11) HOURS OF WORK:

a) Routine Work: Routine work connected with this contract shall be performed between the times of 06:00 (6:00 AM) and 17:00 (5:00 PM) local time defined as normal working hours unless explicitly stated in the SOW.

b) Emergency Work: Emergency work is defined as work performed after normal working hours. As specified earlier, the contractor shall be required in some instances to work other than normal working hours. Approval of the COR shall be obtained prior to starting work during other than normal working hours to ensure services are needed after hours and are included in this SOW.

12) CONTACT INFORMATION:

a) The contractor shall provide to the contracting officer and the COR specific mobile number(s), email address (es) and/or SMS texting number(s) which can always be used to alert the contractor, including weeknights, weekends, and holidays. In addition, the

Government shall provide the contractor the names of the agency personnel authorized to initiate medical gas and vacuum system service calls, contracting officer, contract monitor, alternate contract monitor. Both parties entering the contractual agreements will include three points of contact as a double redundancy for communication and information relaying.

13) REPORTING AND DOCUMENTATION:

a) The contractor will be responsible for providing documentation of incremental work completed to the primary and secondary points of contact listed prior. Documentation should be submitted to the VA representatives 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 to include maintenance provided, whether or not the unit passed, and any other deficiencies with the equipment to include cost line items and weekly so that a comprehensive schedule of the contractor’s work is retained for records as required by government records agencies.

14) GENERAL REQUIREMENTS

a) The contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property. Among all other requirements, the VA Health Care System and its property is now entirely smoke-free.

No weapons are permitted on the premises.

15) GRAY MARKET 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.

16) NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RECORDS

MANAGEMENT LANGUAGE FOR CONTRACTS

a) Citations to pertinent laws, codes, and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR

Part 1222 and Part 1228.

b) Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c) Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

d) 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 by the Freedom of Information Act.

e) Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f) The Government Agency owns the rights to all data/records produced as part of this contract.

g) The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h) Contractor agrees to comply with federal and agency records management policies, including those policies associated with the safeguarding of records covered by the

Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [email, fax, etc.] or state of completion [draft, final, etc.]. 36C26321P0052

i) No disposition of documents will be allowed without the prior written consent of the contracting officer. The agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Willful and unlawful destruction, damage or alienation of federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the agency or destroyed without regard to the provisions of the agency records schedules.

ii) 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 this contract. The contractor (and any sub-contractor) is required to abide by government and agency guidance for protecting sensitive and proprietary information.

17) VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR ENSURING ADEQUATE

COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

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

b) Documentation requirements:

i) If fully vaccinated, shall show proof of vaccination

(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

ii) If unvaccinated and granted a medical or religious exception, 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.

iii) 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.

iv) 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.

c) 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.

d) 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.

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

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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)

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]

[]…