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FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 19, 2017 FBO #5595
DOCUMENT

65 -- Amendment to change response date to 24 March 2017 - Attachment

Notice Date

3/17/2017
 

Notice Type

Attachment
 

NAICS

336120 — Heavy Duty Truck Manufacturing
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office 9;1639 Medical Center Parkway;Suite 400;Murfreesboro TN 37129
 

ZIP Code

37129
 

Solicitation Number

VA24917Q0262
 

Response Due

3/17/2017
 

Archive Date

4/1/2017
 

Point of Contact

Thomas Allman
 

E-Mail Address

.allman@va.gov<br
 

Small Business Set-Aside

N/A
 

Description

RFQ General Information Document Type: RFQ RFQ Number: VA248-15-Q-0262 Posted Date: 01/31/2017 Response Date: 03/24/2017 @ 2 PM CST Classification Code: 6515 Set Aside: Unrestricted NAICS Code: 336120 Contracting Office Address Network Contracting Office 9 ATTN: Thomas Allman Department of Veteran Affairs Contracting Office, 4th floor 1639 Medical Center Parkway Murfreesboro, TN 37129 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a request for quotations (RFQ). The quote document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-94, 2005-95 / 01-19-2017. This RFQ is unrestricted. The associated North American Industrial Classification System (NAICS) code for this procurement is 336120, with a small business size standard of 1,500 employees.. The Network Contracting Office 9 is seeking a contractor that will provide  the necessary services and equipment for a Mobile Sterile Processing System (MSPS) trailer that meets all requirements in the Statement of Work. All questions regarding this RFQ must be in writing and may be sent by e mail to thomas.allman@va.gov Questions must be received no later than March 22, 2017 at 2:00 PM CST. No further questions will be accepted after that date and time. You are reminded that representatives from your company SHALL NOT contact any Tennessee Valley Health System employees to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer. Schedule PLEASE ENTER THE TOTAL PRICE FOR THIS JOB BELOW CLIN Requirement QTY Unit Unit Price Total Price 0001 Delivery and Installation All work shall be in completed accordance to the Statement of Work. 1 EA   CLIN Requirement QTY Unit Unit Price Total Price 0002 The Contractor is to provide all equipment and service for a Mobile Sterile Processing System. All work shall be in completed accordance to the Statement of Work. 7 MO   CLIN Requirement QTY Unit Unit Price Total Price 0003 Training All work shall be in completed accordance to the Statement of Work. 1 EA   CLIN Requirement QTY Unit Unit Price Total Price 0004 Decommissioning All work shall be in completed accordance to the Statement of Work. 1 EA   NOTE: 52.217-8 Option to Extend Services is included as part of the solicitation and contract. The six-month extension must be evaluated as a part of the government's initial negotiation. Offerors are not required to submit pricing for clause 52.217-8. The prices offered for the last month s rental price will be used for any extension exercised under FAR Clause 52.217-8 for up to 6 months. Mobile Sterile Processing System (MSPS) Nashville Veterans Hospital Statement of Work Mobile Sterile Processing System (MSPS) Nashville Veterans Hospital Statement of Work I.) Mobile Sterile Processing System Term: A. TVHS will be funding the cost of the unit(s), plus the service contract with the vendor for seven (7) months with the ability to extend per month for up to an additional six months. Time shall commence upon acceptance of the MSPS(s) at the Nashville VA campus by the SPS Chief. Period may only be extended with written authorization from SPS Chief and Contracting Officer approval. Unit(s) shall be delivered within 30 days of receipt of the award. II.) MSPS Requirements: The MSPS trailer shall be transported to the TVHS Nashville, TN where it will be docked into the healthcare facility by a connecting corridor provided by vendor. The MSPS trailer shall be stand-alone and house utility tie-ins for power, water, sewer, telephone, data, and fire alarm system, with all connections to the facility made and maintained by the vendor. Vendor is responsible for verifying and selecting their exact tie-in / connection points. The vendor will be provided point of service connections within the hospital for trailer utility requirements. Vendor will be responsible for tie-in of the utilities necessary to provide the temporary sterilization services required by the hospital through their product. See attached drawing for exact location of Mobile SPD unit. It shall be the responsibility of the offeror to provide the TVHS with the products and services and associated quantities to meet the requirements of the project. The MSPS shall include the following requirements and specifications: 1. Shall easily integrate with existing structures. 2. Shall be configured as a trailer providing approximately 1,000 sq ft. of internal useable space. 3. Shall be capable of functioning as self-contained unit with fully integrated power distribution (exact power requirements to be provided to facility by offerer), lighting, HVAC filtration, communications, plumbing, fire sprinkler, fire and intrusion alarm systems, and storage areas. Mobile unit will need to be locked during SPS non-working hours. A minimum number of keys will be provided by vendor for all door locks. Keys will be returned to vendor upon de-commissioning. 4. Shall have a plumbing system complete with fixtures, distribution. Vendor is providing Deionized water and will be the vendor s responsibility to provide maintenance and consumables to maintain water treatment. 5. Vendor is responsible for verifying and selecting their exact tie-in / connection points. Vendor shall provide a connection box (lockable, weatherproof) with disconnects (valves, electrical disconnect, etc.) on the exterior of the VA hospital. 6. Vendor is responsible for connection and fire sprinkler piping to the mobile SPD. Provide a tamper / test / flow station at the connection, then connect it to the Notifier Fire Alarm system to register a flow. The closest fire alarm system panel is in the southeast corner of the first floor of the VA ACRE (Ambulatory Care and Research Expansion) building. The facility fire alarm system is currently maintained by Century Fire Suppression LLC, 770-506-2388, 615-571-6023 Cell (DUNS#799803650). 7. Vendor will be responsible for transitions of personnel and equipment from mobile unit to Medical Center. Vendor is to maintain the transition and walkway to and from building. Ramp system/ Connecting corridor/transition platform is needed with weather protection package that protects staff and RME from extreme cold/heat, wind, rain, flooding during transport to and from hospital and mobile unit. Temporary structure required for access from the hospital to the temporary trailer will meet all local, state, and Federal building codes. Ramp and decking must be slip proof. Connecting walkway/corridor will connect 2 VA hospital entrances and shall have minimum internal clearance of 6 feet wide and 7 feet 6 inches tall. Walkway / corridor shall be independently supported. 8. Vendor shall provide and maintain a generator (including fueling) for emergency back-up power for the duration of the mobile SPD unit, including option months. Vendor shall provide and maintain fuel required to operate the generator in the event of a power failure. Vendor is responsible for making and maintaining all connections to facility. 9. Trailer shall be internally configured with separate rooms and features for the following: Separate ingress/egress to Clean and Decontaminations sides of the trailer Shall be equipped with telephone and data jacks and cabling to support up to six triplexes for computer, telephone, and fax lines and one emergency/fire line that can be directly connected to the fire alarm system. Shall be equipped with a telecommunications patch panel to enable the connection of telephones as well as plugs for T1 lines. Shall provide comprehensive preventive maintenance and service response schedule. Response time shall be within four hours. Shall be delivered to specified location as determined by the facility. Exact dimensions and locations of storage tanks, subgrades of the area shall be measured / verified by the vendor for the ideal position necessary for the service to operate properly during the placement of the mobile unit. Vendor shall be responsible for removing any debris from the site as it relates to delivery, installation, and construction; a dumpster is permissible within the vendor s specified location. Shall be installed according to TVHS specifications and standards (http://www.cfm.va.gov/til/dGuide.asp) you would need to click on the link titled Sterile Processing Service and Logistics Service and local building codes to the extent possible in a mobile facility. The contractor shall adhere to all local safety standards and local building codes, OSHA safety standards and local TVHS safety standards shall prevail. After installation contractor shall provide documentation and certifications for each MSPS its system of utilities and other features showing compliance with the requirements of AIA, NEC and International Plumbing Code. Provide set-up of the trailers including all interior and exterior components and equipment and connections to TVHS provided utilities and infrastructure in order to make trailers fully functional and operational. Provide training for all TVHS SPS staff including Biomedical and maintenance personnel. Provide a scheduled preventative maintenance agreement for quarterly preventative maintenance (on-site). Certification: Prior to installation the provider of the MSPS shall provide ISO documentation regarding the quality of their products. After installation, connection, and testing indicating compliance with all requirements, each MSPS and the entire system of utilities, shall be certified to confirm compliance with the requirements of TVHS and all codes and standards listed in paragraph H of this Statement of Work. Furnish documentation of the required certification to the TVHS before new MSPS is put into service. Training: Although the service of the units will be covered under the contract with vendor, the vendor shall provide training to staff as follows: a. Training for sterile processing staff on the operation and use of all utility systems including electrical power and lighting, HVAC, and communications. b. Training for sterile processing staff on the operation of the unit. Staff training on the sterile processing equipment will be provided by the OEM with any fees for this service payable by the facility. c. Training for sterile processing staff on all safety measures particular to the MSPS including fire sprinkler system and staff evacuation plans. 2. The Contractor shall provide technical training relating to emergency servicing and routine servicing to Facilities Management Service (FMS) staff and support staff as follows: Operation and use of all utilities systems extensions/connections including electrical power, lighting, and communications. All installed and connected alarm systems and alarm communication capabilities. HVAC and lighting for connector enclosure, if applicable. O&M instructions to TVHS FMS staff to perform emergency servicing of the MSPS. The contractor shall provide a minimum of 20 hours of combined training to the sterile processing/FMS staff. The division of the 20 hours will be mutually agreed upon between the Contractor and TVHS. F. Service, Operation and Maintenance (O&M): O&M and repair service shall be provided as required to maintain the complete installation in full operating order and compliance with all codes. Contractor shall provide routine preventive maintenance in accordance with the manufacturer s maintenance schedule as well as repairs/unscheduled maintenance of the contractor furnished MSPS(s), accessories, sterile processing equipment, and other items and equipment furnished by the Contractor. The cost for this service shall be included in the contract for these items. Contractor should be onsite within 4 hours to address failures resulting in operational downtime. Operational downtime cannot exceed 8 hours. TVHS will provide the following Operations and Maintenance functions: Electrical power Water supply, including hot water and/or steam and wastewater disposal Computer, telephone, and fire alarm service, except that the expense to remedy defects in the installation or in the equipment furnished or installed by the Contractor shall be charged to the Contractor. Housekeeping Snow removal and ice control. Trash removal including Regulated Medical Waste. Decommissioning: Upon the completion and acceptance of the restoration of function in the sterile processing department after renovations, MSPS operations will cease, and the unit(s) and all temporary construction and utility extensions shall be removed from the site, back to their connection boxes (lockable/weatherproof) with valves, disconnects, and sewer cap. Vendor shall remove telecommunications and fire alarm back to the source (switch/panel). All utility extension. These items shall be removed within 15 days from the TVHS removing all equipment from the MSPS areas. Disconnection of each utility and alarm shall be coordinated with the TVHS so there is no impact or minimal impact on TVHS systems and staffing. Removal shall be in accordance with the same requirements as above for installation, i.e. lifting plan (if applicable), safety, etc. H. Codes and standards: Contractor shall comply with the requirements of the following codes and standards. Codes and standards are available from the governing code writing body. The code shall be the most recent one available. Uniform Federal Accessibility Standards (UFAS) IBC-06, International Building Code IPC-06, International Plumbing Code IFGC-06, International Fuel Gas Code NFPA 70, National Electrical Code (NEC) NFPA 72, Fire Alarm Code NFPA 99, Health Care Facilities NFPA 101, Life Safety Code, (LSC). AIA guidelines for design and construction of Health Care Facilities The Joint Commission standards are to be met or exceeded. The TVHS Standards shall be met. I. Equipment Requirements: 1. Vendor will provide a Mobile Processing Unit that is fully capable of both decontamination and sterilization of facility wide reusable medical equipment 2. Sterile Prep area that can facilitate a workload of a minimum of 12 steam sterilization cycles per 24 hour period housing a minimum of 12 standard size trays per load (current SPS productivity is 14,000 items sterilized per month including peel packs and instrument sets) 3. Separate decontamination area for manual cleaning of instrumentation 4. Processing sink with a minimum of three basins for manual cleaning of instrumentation 5. Pass-through window between decon and sterile prep area 6. Low temperature sterilizers compatible with current RME 7. Minimum of four prep and pack stations in sterile prep area 8. Temperature and humidity requirements met and maintained per AAMI ST79:2010 3.3.6.4, 3.3.6.5, and 3.3.6.6 9. Lighting meeting AAMI ST79 3.3.6.7 10. Handwashing stations meeting AAMI ST79:2010 3.3.6.8 11. Emergency eyewash station for Decontamination area 12. Ramp system/connecting corridor/transition platform with Weather protection package that protects staff and RME from extreme cold/heat, wind, rain, flooding during transport to and from hospital and mobile unit 13. Deionized water supplied 14. Ultrasonic equipment capable of cleaning a minimum of 12 instrument sets per hour. 15. Washer-disinfector(s) capable of washing/thermal disinfection/drying of a minimum of 24 instrument sets per hour 16. Cold and hot water available 17. Fire alarm and safety features 18. Access secured 19. Fee includes delivery, complete installation and de-installation, complete hookup of utilities, complete set-up and takedown, pick-up, and unit training 20. Water pressure boosting pumps if minimal psi dynamic pressure is not met for equipment 21. Emergency power hookup available 22. 24/7 tech support available 23. All equipment maintenance, repairs, and periodic maintenance provided by vendor Addendum to 12.603(c) (2) (viiii) QUOTE FORMAT AND EVALUATION CRITERIA Offerors shall complete the pricing schedule. Not completing the pricing will result in unsuccessful quote. Price will be evaluated based on the lowest summary price. Offerors shall provide only one quote. Non-compliance with this requirement will result in disqualification of both quotes. The Government intends to award a contract resulting from the RFQ. Award will be made on the basis of the lowest evaluated price of a quote meeting the acceptability standards for non-cost factors, and deemed to be responsible. Quotes shall be evaluated for acceptability or unacceptability. Quotes must have the following items; those that do not shall receive a NO GO and will be considered non-responsive. To be considered for this award the quote provided must contain the following as a minimum: Technical Requirements that the Contractor Shall Provide: Technical: Offerors shall include in their quote a plan that contains a technical solution for providing  the necessary services and equipment for a Mobile Sterile Processing System (MSPS) trailer that meets all requirements identified in the Statement of Work. The aforementioned requirement is GO/NO GO. Past Performance: (Past Performance is part of Technical) a. Offerors may provide up to three references of their performance providing the same or similar services matching the magnitude and complexity of this requirement within the last three years. b. The Offeror s present and past work record will be used to assess the Government s confidence in the Offeror s probability of successful performance. The Government will evaluate the Offeror s reputation for a record of reasonable and cooperative behavior and commitment to customer satisfaction; and generally the Offeror s business-like concern for the interest of the customer. c. Offerors must provide the Past Performance Questionnaire (Attachment C), for up to three (3) Past Performance References of the same size and scope, instructing them to complete the form and Email the completed form per the instructions on the Questionnaire, by March 22, 2017 2:00 PM CST. d. Past performance will be evaluated on an acceptable or unacceptable basis. If two or more questions on the questionnaire are found to be unacceptable this will lead to an overall questionnaire rating of unacceptable. Offerors without a record of relevant past performance or for whom information on past performance is not available, will not be evaluated as either acceptable or unacceptable, and, as a result, will receive a Neutral rating for past performance. The offeror s must provide the following information as a minimum: Contract Number Dollar Value Dates of performance Name of Contracting Agency/Hospital Point of Contact at that Agency/Hospital Point of Contact information (i.e. email address, telephone number, etc.) A brief description of the work effort sufficient to demonstrate the relationship between the reference contract and the proposed effort. Complete Attached New Vendor Form, if contractor is not registered in TVHS VISTA. Quotes shall be submitted via e-mail. All vendors must be registered and complete all entries in the System for Award Management (SAM) in order to be considered for award. Potential vendors may register at the following web site: https://www.sam.gov/portal/public/SAM/ Quotes must be received on/or before the March 24, 2017, 2:00 PM CST to be considered for award. Vendors shall provide a minimum quote acceptance period of 90 days after RFQ closing for offers Award The offeror s initial quote should contain the offeror s best terms from a price standpoint. Offerors are cautioned to submit sufficient information and in the format specified in the quote instructions. Offerors may be contacted to resolve minor or clerical errors and the Contracting Officer reserves the right to award without further conversations. Place of Performance Tennessee Valley Health System - Nashville VA Medical Center, 1310 24th Ave South, Nashville, TN 37212 The Basic Period of Performance: The period of performance is expected to be date of award through 30 days for the initial delivery and installation of the MSPS and then 7 Months rental to start upon acceptance. The government intends to award a contract as a result of this RFQ that will include the terms and conditions set forth herein. To facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the RFQ are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the RFQ are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoter shall list exception(s) and rationale for the exception(s). Offerors must complete annual representations and certifications on-line at http://www.acquisition.gov in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. The following Federal Acquisition Regulation (FAR), provisions and clauses apply to this solicitation and are incorporated by reference (provisions and clauses may be obtained via the internet: http://farsite.hill.af.mil, http://www.arnet.gov/far/, or http://safaq.hq.af.mil/contracting): The following RFQ provisions and clauses apply to this acquisition: 52.216-1 Type of Contract The Government contemplates award of a Firm Fixed Priced contract resulting from this RFQ. (End of Provision) 52.233-2 Service of Protest (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Network Contracting Office 9 Thomas Allman, 1639 Medical Center Pkwy, 4th floor, Murfreesboro TN 37129.   (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) The following contract clauses and provisions apply to this acquisition: FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights FAR 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. FAR 52.204-7, System for Award Management 52.204-13 System for Award Management Maintenance FAR 52.212-1, Instruction to Offerors-Commercial Items and addendum on Pg. 11 FAR 52.212-3, Offerors Representations and Certifications Commercial Items APR 2012 FAR 52.212-4, Contract Terms and Conditions Commercial Items FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders FAR 52.203-3 Gratuities, FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.219-28 Post Award Small Business Program Representation, FAR 52.222-3, Convict Labor FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies FAR 52.222-21, Prohibition of Segregated Facilities, FAR 52.222-26, Equal Opportunity FAR 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era FAR 52.222-36, Affirmative Action for Workers with Disabilities FAR 52.222-37 -- Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.232-33 Payment By Electronic Funds Transfer-System for Award Management FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.217-8, Clauses Incorporated by Reference FAR 52.252-2, Clauses Incorporated by Reference FAR 52.222-41 -- Service Contract Act of 1965 FAR 52.225-13 -- Restrictions on Certain Foreign Purchases FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.237-1, Site Visit FAR 52.247-34, F.O.B. Destination 852.203-70 Commercial Advertising 852.203-71 Display of Department of Veterans Affairs Hotline Poster 852.211-70 Service Data Manuals 852.232-72 Electronic Submission of Payment requests 852.233-70 Protest content/alternative dispute resolution 852.233-71 Alternate protest procedure 852.246-71 Inspection 852.252-70 Solicitation provisions or clauses incorporated by reference 852.270-1 Representatives of contracting officers 52.222-55 -- Minimum Wages Under Executive Order 13658. As prescribed in 22.1906, insert the following clause: Minimum Wages Under Executive Order 13658 (Dec 2014) (a) Definitions. As used in this clause-- United States'' means the 50 states and the District of Columbia. Worker'' (1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and (i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), (ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541, (iii) Regardless of the contractual relationship alleged to exist between the individual and the employer. (2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c). (3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (b) Executive Order Minimum Wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015. (2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this contract. (3) (i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subcontract costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment. (iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. (4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. (6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions. (7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. (8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (9) The Contractor shall pay the E.O. minimum wage rate whenever itis higher than any applicable collective bargaining agreement(s) wage rate. (10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. (c) (1) This clause applies to workers as defined in paragraph (a). As provided in that definition-- (i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker; (ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to-- (i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts; (ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-- (A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a). (B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b). (C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541). (d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker: (i) Name, address, and social security number; (ii) The worker's occupation(s) or classification(s); (iii) The rate or rates of wages paid; (iv) The number of daily and weekly hours worked by each worker; (v) Any deductions made; and (vi) Total wages paid. (2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer. (3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator. (4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. (5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law. (f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. (g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause. (h) Disputes. Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives. (i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding. (j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers. (k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. (End of clause) 52.246-4 -- Inspection of Services -- Fixed-Price (a) Definition: Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work. (d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. (e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -- (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed. (f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -- (1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or (2) Terminate the contract for default. 52.228-5 Insurance -- Work on a Government Installation (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government s interest shall not be effective -- (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors proofs of required insurance, and shall make copies available to the Contracting Officer upon request. (End of Clause) 52.233-1 Disputes. Disputes (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) Claim, as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor. (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer s decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor s specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. (End of clause) 52.237-2 -- Protection of Government Buildings, Equipment, and Vegetation. The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. (End of Clause) 852.237-70   Contractor responsibilities. The contractor shall obtain all necessary licenses and/or permits required to perform this work.   He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.   He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Tennessee.   Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. (End of Clause) Points of Contact Contracting Officer Name: Thomas Allman Organization: NCO 9 Phone No.: 615-225-5427 E-Mail Address: thomas.allman@va.gov Contractor Point of Contact: Contractor Legal Business Name: TO BE DETERMINED DUNS: CAGE CODE: Contractor POC: E-Mail Address: Phone Number: Fax Number: ATTACHMENTS Attachment A: Wage Determination Attachment B: New Vendor Form Attachment C: Past Performance Questionnaire
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/NaVAMC/VAMCCO80220/VA24917Q0262/listing.html)
 

Document(s)

Attachment
 

File Name: VA249-17-Q-0262 A00005 VA249-17-Q-0262 A00005.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3344947&FileName=VA249-17-Q-0262-A00005000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3344947&FileName=VA249-17-Q-0262-A00005000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Place of Performance

Address: TVHS Nashville;1310 24th Ave South;Nashville TN

Zip Code: 37212
 

Record

SN04439795-W 20170319/170317234951-fc3f1802ae2e0c1602236275efe1685c (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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