Solicitation 36C26325Q1093.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. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

636-25-4-5058-0147

36C26325Q1093 08-20-2025

John Milroy 605-336-3230 08-28-2025

12:00PM CDT

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

541350

$11.5 Million

N/A

X

Nebraska-Western Iowa VA Health Care Sys

4101 Woolworth Avenue

Omaha NE 68105

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 Deficiency Repair Service for the Nebraska-

Western Iowa VA Health Care System.

Period of Performance of 09/15/2025 to 12/31/2025.

This procurement is a total set-aside for a Service-Disabled

Veteran Owned Small Business (SDVOSB).

See CONTINUATION Page

636-3650162-5058-854100 2670 010055592

636-25-4-5058-0147

X X

John Milroy

VA-VHA-RPOC-2023-0067

36C26325Q1093

Table of Contents

SECTION A

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

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 MEDICAL GAS DEFICIENCY CORRECTIONS

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (JAN 2025) (DEVIATION FEB 2025)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) . 30

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.4 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS— COMMERCIAL ITEMS

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025)

E.7 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.8 52.216-1 TYPE OF CONTRACT (APR 1984)

E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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

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 all services are completed

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.

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

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 JB _______________

NECESSARY WORK TO BECOME COMPLIANT FOR

MEDICAL GAS AND WORKING DENTAL EQUIPMENT

Contract Period: Base POP Begin: 09-15-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H365 - Inspection - Medical, Dental, and Veterinary Equipment and Supplies

GRAND TOTAL _______________

B.3 MEDICAL GAS DEFICIENCY CORRECTIONS

PERFORMANCE WORK STATEMENT

1) GENERAL DISCRIPTION:

a) This contract calls for the repair of the itemized deficiencies list listed on the chart below.

The contractor shall furnish necessary labor, tools, equipment, and transportation to correct the listed deficiencies found 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.

Below is an outline of the contractual performance requirements the contractor is required to deliver to the VA.

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:

9/01/2025 – 12/30/2025

4) HOURS OF SERVICES:

a) Normal operational hours are 06:00-17:00.

b) All installation/service work included within this document (not emergency/after-hours services) are to be performed on weekdays during normal business hours between

06:00 CST to 17:00 CST unless other arrangements have been made by the VATR due to the potential clinical impacts and risks to patients by the nature of the required contractor work.

c) Work will not be done on federal holidays, unless the VATR gives prior, written approval.

A list of federal holidays is at Federal Holidays (opm.gov).

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 – Paul Karnish 402-995-5868 & 402-201-3756 Paul.Karnish@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 - Paul Karnish 402-995-5868 & 402-201-3756 Paul.Karnish@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

c) 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.

6) EQUIPMENT LIST:

a) The Omaha and Grand Island 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 https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

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) Two medical air compressor units

ii) Two vacuum compressor units

iii) Oxygen manifold

iv) Nitrogen manifold

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

ix) Inlet and outlet valves in patient rooms (approximately 30)

e) Building 6 Dental – Omaha

i) Two medical air compressor units

ii) One vacuum compressor unit

7) REQUIRED CERTIFICATION

Any contractor personnel performing work on NWI campuses in relation to the medical gas system shall adhere to the requirements outline in NFPA 99 2021 Chapters 5, 11, and 15, NFPA 55 2023, VA Plumbing Design Manual Chapter 8, and VHA Directive 7515(1).

Also, the contractor must be able to furnish on-site technicians with the following active/valid certifications capable of performing the required exploratory inspection and evaluation work per ASSE/IAPMO/ANSI Series 6000-2021.

1. American Society of Sanitary Engineering (ASSE) 6005 Medical Gas Specialist

2. American Society of Sanitary Engineering (ASSE) 6020 Medical Gas Inspector

3. American Society of Sanitary Engineering (ASSE) 6030 Medical Gas Verifier

4. American Society of Sanitary Engineering (ASSE) 6035 Bulk Medical Gas System

Verifier

5. American Society of Sanitary Engineering (ASSE) 6040 Medical Gas Maintenance

Technician

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

b) Experience: Five years 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) SERVICES:

i) 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.

ii) 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.

c) SCOPE:

Below shows the list of proposed Medical Gas Deficiencies to be used as guidance for the scope of this contract.

Outlet Deficiency (D1):

Outlet in Ceiling has a hose down to a threaded fitting, into a wall outlet. Fitting is not permitted per NFPA 99 '24 5.1.10.8

Building Floor Area Room # Location/Notes

OMA Main 2 Imaging 2562 Floura Room 1 Ceiling

Outlet Deficiency (R1):

Audible leak behind outlet, primary check valve to be replaced.

OMA Main 2 Cardiology 2058 Procedure Rm 3 Art Wall

Outlet Deficiency (D2):

Provide a WAGD inlet in all locations where nitrous oxide or halogenated anesthetic gas is intended to be administered. NFPA 99 '24 5.1.5.16

OMA Main 4 Recovery Room 6 Located on column

Outlet Deficiency (R2):

Outlet is labeled 'Not In Use'. Remove outlet and replace with blank plate.

OMA Main 2 Cath Lab 2803 Cardiac Cath Lab A Located on Boom

Outlet Deficiency (R8):

Outlet is labeled 'Not In Use'. Remove outlet and replace with blank plate.

GI Main 1 Amico SE Room 144 Wall

Zone Valve Deficiency (D4):

Label not present but required.

Building Floor Area Room # Location/Notes

OMA Main 2 Cardiology Outside Rm 2064, Holding Rm 5

OMA Main 2 Nuclear Medicine Outside Rm 2030 Imaging Rm 1

OMA Main 2 Nuclear Medicine Outside Rm 2031 Imaging Rm 2

Zone Valve Deficiency (R3):

Gage not reading properly, needs replaced.

Building Floor Area Room # Location/Notes

OMA Main 2 ICU Outside Locker Rm 2423

Zone Valve Deficiency (R3):

Building Floor Area Room # Location/Notes

GI Main 1 Outside NW 114 NW 106, 107, 108, & 110 (A & V) Amico

GI Main 3 Outside C324 C310, C312, C322 Amico

Zone Valve Deficiency (R9):

Remove handle on oxygen outlet, label not in use

GI Main 1 Outside SE145 Outside Locker Rm 2423 Amico

Alarm Panel Deficiency (D4):

Building Floor Area Room # Location/Notes

OMA Main 2 Cardiology Outside Rm 2064 Holding Rm 5

OMA Main 2 Nuclear Medicine Outside Rm 2030 Imaging Rm 1

Alarm Panel Deficiency (D11):

Mismatch will occur. NFPA 99 '24 5.1.9.4.6 states area alarm panel for medical gas systems shall provide visual and audible indication in the event a mismatch occurs between transducer and circuit board.

Building Floor Area Room # Location/Notes

OMA Main 1 Emergency Outside 1374

OMA Main 1 Emergency Outside Exam Room 6 Across Corridoor

OMA Main 2 Nuclear Medicine Control Room for Imaging 2 Inside Room 2

OMA Main 2 Nuclear Medicine Desk for Reading Room 2029

OMA Main 2 Cath Lab IR/Special Procedures Control Room 2572

OMA Main 2 Cath Lab Cath Lab A Control Room

OMA Main 2 Radiology Outside Room 2102A

OMA Main 2 ICU Nurse's Station

OMA Main 4 Pre-Op Other Side of entry from Pre-Op 2 & 3 Adjacent to Elevators

OMA Main 4 Pre-Op/Recovery Near Room 6011

OMA Main 4 Recovery Recovery Nurse's Station Room 4064

OMA Main 5 Patient Rooms Nurse's Station

OMA Main 6 Surgical Evaluation Outside Room 6515A

OMA Main 6 Patient Rooms Nurse's Station

OMA Main 7 Chemo Nurse's Station

OMA Main 7 Patient Rooms Nurse's Station

OMA Main 8 Endoscopy Room 8204

OMA Main B Echo Alarm Panel Biomed

Alarm Panel Deficiency (D13):

Alarm not set for 20% plus or minus the normal operating pressure. NFPA 99 '24 5.1.9.4.2. This deficiency goes away when the correction of Deficiency D11 is completed (zero value estimated).

Building Floor Area Room # Location/Notes

OMA Main 2 Cath Lab Cath Lab A Control Room 2803, 2801 Amico

OMA Main 2 Cath Lab Cath Lab B Control Room Amico

OMA Main 2 Cath Lab IR/Special Procedures Control Room 2572 Allied

Alarm Panel Deficiency (D14):

Alarm is not at an area that will provide for surveillance. NFPA 99 '24 5.1.9.4.1

OMA Main 4 Pre-Op Other Side of entry from Pre-Op 2 & 3 Adjacent to Elevators

Alarm Panel Deficiency (D15):

Anesthetizing location does not have alarm. NFPA 99 '24 5.1.9.4

Building Floor Area Room # Location/Notes

OMA Main 4 Recovery N/A

OMA Main 4 Surgery OR 1-7, 4816, 4817

Alarm Panel Deficiency (R10):

Vacuum in alarm, reading 0. Repair or remove.

GI Main 1 Nurse's Station NW101, 102, 103, 111, & 112 Amico

Alarm Panels to 911 Power

4 area alarm panels to be wired to emergency power supply.

GI 2&3 Main Area N/A Monitored Area

Dental Air Deficiencies

Dental medical vacuum pump and medical compressor equipment replacement

Building Floor Area Room # Location/Notes

OMA BLDG

Bsmt Mech Room N/A Med Vac/Compressed

Air

For the dental building, the contractor will be responsible for the removal of existing equipment, and complete installation of new equipment described below.

a) Equipment scheduled for removal:

i) One (1) Ramvac Dental Vacuum System #1 mounted on tanks.

ii) One (1) Ramvac Dental Vacuum System #2 rack mounted.

iii) PowerMax High Performance Compressor.

Removal of the PowerMax unit requires disconnection of the vacuum line from the vacuum piping outlet station. Disconnect the unit from the existing exhaust piping. Disconnect the equipment electrical panel wires from the low voltage control.

b) Equipment scheduled for replacement:

i) One (1) Air Techniques Mojave V7M Dry Vacuum System w/ Tank.

ii) One (1) Air Techniques Mojave V7M Dry Vacuum System, rack mounted.

iii) Two (2) Air Techniques AirStar 100 Dental Air Compressors.

Contractor is responsible for all necessary demolition of existing electrical and plumbing systems to ensure a turn-key process to equipment start-up.

9) 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.

10) HOURS OF WORK:

a) Routine Work: Routine work connected with this contract shall be performed between the times of 06:00 and 17:00 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.

11) 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.

12) 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 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.

13) 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.

14) 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 the contract for correction of medical gas deficiencies 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.

15) RECORDS MANAGEMENT OBLIGATIONS

a) Applicability

i) 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.

b) Definitions

i) “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 organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

ii) The term Federal record:

iii) Includes Department of Veteran Affairs records.

iv) does not include personal materials.

v) applies to records created, received, or maintained by Contractors pursuant to their

Department of Veteran Affairs contract.

vi) may include deliverables and documentation associated with deliverables.

c) Requirements

i) 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.

ii) 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.

iii) 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.

iv) [Agency] 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 Veteran 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

[Agency]. The agency must report promptly to NARA in accordance with 36 CFR

1230.

v) 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 vehicle]. 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 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 Veteran 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 vehicle].

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with

Paragraph (4).

vi) 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 Veteran Affairs guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

vii) The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veteran

Affairs policy.

viii) The Contractor shall not create or maintain any records containing any non-public

Department of Veteran Affairs information that are not specifically tied to or authorized by the contract.

ix) 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.

x) The Department of Veteran 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 Veteran 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.

xi) Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

d) Flowdown of requirements to subcontractors

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

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

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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 Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

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

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

(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 FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 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

PRODUCTS AND COMMERCIAL SERVICES

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:

(End of Addendum to 52.212-4)

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB

2025)

(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 products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

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

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

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

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards

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

[] (6) [Reserved]

[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

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

[X] (9)…