Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 24, 2017 FBO #5661
DOCUMENT

65 -- Washer/Disinfector-Steam Heat-Installation included - Attachment

Notice Date

5/22/2017
 

Notice Type

Attachment
 

NAICS

339112 — Surgical and Medical Instrument 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

VA24917Q0679
 

Response Due

6/5/2017
 

Archive Date

7/5/2017
 

Point of Contact

Thomas Allman
 

E-Mail Address

5-6320<br
 

Small Business Set-Aside

N/A
 

Description

RFQ General Information Document Type: RFQ RFQ Number: VA248-15-Q-0679 Posted Date: 05/15/2017 Response Date: 05/26/2017 @ 2 PM CST Classification Code: 6515 Set Aside: Unrestricted NAICS Code: 339112 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 339112, with a small business size standard of 1,000 employees.. The Network Contracting Office 9 is seeking a contractor that will provide  the necessary services and equipment for a Sterile Processing System (SPS) 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 May 19, 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 De-installation of current equipment All work shall be in completed accordance to the Statement of Work. 1 EA   CLIN Requirement QTY Unit Unit Price Total Price 0002 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 0003 3 Steam Sterilizers All work shall be in completed accordance to the Statement of Work. 3 EA   CLIN Requirement QTY Unit Unit Price Total Price 0003 2 Washer Disinfectors All work shall be in completed accordance to the Statement of Work. 2 EA   CLIN Requirement QTY Unit Unit Price Total Price 0004 1 Cart Washer All work shall be in completed accordance to the Statement of Work. 1 EA   CLIN Requirement QTY Unit Unit Price Total Price 0005 2 Drying cabinets All work shall be in completed accordance to the Statement of Work. 2 EA   CLIN Requirement QTY Unit Unit Price Total Price 0006 2 Height-Adjustable Processing Sinks All work shall be in completed accordance to the Statement of Work. 2 EA   CLIN Requirement QTY Unit Unit Price Total Price 0007 2 Total Pass Through Windows All work shall be in completed accordance to the Statement of Work. 2 EA   CLIN Requirement QTY Unit Unit Price Total Price 0008 1 Ultrasonic Cleaner All work shall be in completed accordance to the Statement of Work. 1 EA   1. If shipping ORIGIN: Must indicate on Quote otherwise Purchase order will be processed as destination 2.    All Offers and responses must be submitted electronically 3.    Preference: will be IAW FAR Part 13.003 (b)(1). 4.    Brand Name or Equal 5.   Requesting Service will review submitted quotes as Technical experts to determine if technically acceptable. 6.   Quotes will not be accepted after deadline. 7. All Questions must be submitted in writing 3 workdays prior to closing; close of business time is considered (2pm CST) 8. At this time frame, no extension on closing date 9. Quotes MUST be returned on Solicitation document attached to this RFQ. 10. OR EQUAL items will be sent to the technical representative for evaluation. If providing or equal product, you must describe how your item meets or exceeds the brand name product to be acceptable for award. Failure to do so will result in non-responsive quote. The Government also reserves the right to make no award at all. 11. Also your quote must list your DUNS number, CAGE code, and Federal TIN with Company name, POC, and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit www.sam.gov. Lack of registration in the SAM database will make an offeror ineligible for award. STATEMENT OF WORK Sterile Processing Service Equipment Install 626-17-3-313-0030 TVHS Nashville VA Medical Center PART I Introduction This requirement will replace outdated, malfunctioning equipment and prepare the space to facilitate the proper flow of disinfecting instruments/equipment on the basement floor of the TVHS Nashville VA Medical Center, 1310 24th Avenue South, Nashville, TN 37212. This sole solicitation will result in 2 awards to the same vendor with the lowest total cost. One award for the site preparation of the equipment, and one award for the equipment being installed. Equipment award will include equipment-related training, installation, testing, and commissioning. Site preparations will include modifications to the site and stamped drawings. Background Currently, the steam sterilizers, cart washer, and washer-disinfectors are repeatedly put out of service due to overheating (heat build-up) and mechanical failures. Changes in the elevation of the Cart Wash ramps monopolize adjacent spaces which inhibit the staff and work flow. The current work flows create issues with cross-contamination. Existing flooring does not meet the current standard and should be seamless. One washer-disinfector has been deemed unrepairable by Biomedical personnel. All equipment is approaching or beyond life expectancy. Each time a piece of equipment is put out of service it adversely affects patient care by causing delays in instrument reprocessing. Operating Room procedures have been delayed and cancelled due to SPS being unable to reprocess instrumentation in a timely manner due to failing equipment. Scope of Work Contractor will provide the requested equipment, including one year warranty with optional additional 2nd year warranty. Contractor shall be responsible for removing all existing equipment and installing new equipment within the footprint of the space. Upon completion of installation, provide VA SPS staff with in-service training and VA Biomedical staff with maintenance in-service training. Contractor is to furnish all materials (unless otherwise noted), labor, equipment, tools, supervision, transportation and infection control necessary to accomplish the following: Replace antiquated, defective equipment with latest new, reliable equipment. Provide VA SPS staff with in-service training and VA Biomedical staff with maintenance training Improve work and staff flow utilizing containment Monitor to assure continued compliance Maintain environmental conditions Scheduling and Duration Portions of work that require shutdowns, excessive noise, or interrupt adjacent service operations will be performed on nights and/or weekends between 6:00pm Friday evening to 9:00pm Sunday evening. Total project duration is 7 calendar days. On-site work time shall be managed to minimize the effect on medical center and SPS operations. Inspections The Contracting Officer s Representative (COR) is responsible for the inspection of the work called for in this project. Inspections made by the COR are for the sole benefit of the Government and do not relieve the Contractor of any quality control responsibilities. All work shall be inspected during installation and at final completion by the COR. Warranty Installed equipment shall be warranted for a period of one (1) year, providing an option to extend warranty for second additional year. All work shall be warranted against defects in material and workmanship for a period of one (1) year from date of acceptance, unless otherwise noted. Delivery and Storage The contractor is responsible for all deliveries and storage of materials. No onsite storage will be provided by the Government. PART II De-installation of current equipment. All equipment will be moved to the loading dock area for VHA turn-in. This equipment will be the responsibility of TVHS to turn-in. 2 Medium sized steam sterilizers 2 Washer-disinfector units 1 Cart washer Project Objectives The Contractor will provide equipment meeting the below quantities and requirements. Device and equipment selections must insure reliability and pressure relationships, i.e. use of air valves, should be incorporated. 3 Total Steam Sterilizers- Pre-vacuum pump and cooling system that ensures minimal water consumption. Constructed with 100% stainless steel chamber, jacket, and piping Clean-steam compatible Ability to fit within current footprint of SPS/Space efficient Ergonomic Transport cart and loading rack for each sterilizer Vertical/Horizontal sliding doors Must be DiVinci compatible Each sterilizer has the ability to effectively sterilize a minimum of 12 standard instrument trays weighing 25 pounds each. Standard trays range in size from 16 x 10 x 6 to 21 x 11 x 6. Productivity level should equal or exceed a minimum of 36 standard size trays sterilized per hour (see above). All-inclusive Maintenance and repair training for Biomedical staff In-service training for all SPS staff on three separate shifts Complete Installation of sterilizers De-installation of current equipment Real time tracking program compatible Quiet operation to eliminate noise volume within SPS b. 2 Total Washers/Disinfectors- Must be Divinci compatible Oversized/long stainless steel chamber Ability to fit within current footprint of SPS Thermal disinfection of ability of A 3000 Ability to sense size of load and adjust water usage accordingly Ability to wash up to 12 standard size instrument trays efficiently and effectively Steam or electric heating compatible Closed loop automation (Return conveyor compatible and available) LED status monitor Powered slide doors Complete installation of equipment De-installation of current equipment Ergonomic Transport carts and racks Vented exhaust Rotary spray arms with soaking capability Cool touch handles available Customizable cycles to meet facility needs Maintenance and repair training for Biomedical staff In-service training for all SPS staff on three separate shifts Efficient cycle times to help increase productivity level Robotic instrumentation racks available c. 1 Total Cart Washer- Tilting floor and high output drying system Guaranteed thermal disinfection of load Glass doors Water saving cycles Ability to wash 2 case carts at one time Ability to wash, thermally disinfect, and completely dry in 10 minutes or less Ability to wash instrumentation, sterilization containers, instrument transport containers effectively and efficiently Ability to fit within current footprint of SPS Steam Heated High temperature rinse Features emergency stop and chamber illumination Cool touch handles available Maintenance and repair training for Biomedical staff In-service training for all SPS staff on three separate shifts Complete installation of equipment De-installation of current equipment d. 2 Total Drying Cabinets- Pass-through configuration See-through doors on each side of chamber Fully insulated chamber HEPA filtered air Ability to effectively and efficiently dry flexible endoscopes including endoscope channels Barcode reader for consistent data entry Internal ID data storage Ability to store a minimum of 8 endoscopes at a time Traceable storage time per shelf e. Two Height-Adjustable Processing Sinks- Triple basin- approximate size of each basin 24 L x 17 W x 12 D Deionized water compatible Power adjustable height 12 Backsplash Ability to fit within footprint of SPS Pre-rinse/Gooseneck faucets Etched basin fill markings f. 2 Total Pass-Through Windows- Allows ability to maintain negative air pressure in decontamination room and positive air pressure in sterile preparation room Complete installation of window between decontamination room and sterile preparation areas De-installation of current window between decontamination room and sterile preparation areas Installation of pass through window between decon and Scope Reprocessing area (contigent upon A/E design for Scope Reprocessing Area) g. 1 Total Ultrasonic Cleaner- Must be DiVinci compatible Irrigation system for cannulated instrumentation Deionized water compatible Smart fill water system for water conservation purposes Single basin for wash/rinse Floor model Automatic detergent injection Complete installation of equipment Provide training to all SPS and Biomedical staff on operation and maintenance, including repairs, of newly installed equipment. Onsite training is delivered Monday through Friday for 2-4 hours on all 3 shifts with 1 additional make-up. T&L (Time & Labor) expenses are included. This training program must be scheduled and completed immediately upon installation of new equipment. The Vendor representative / specialist for each major piece of equipment shall have the requisite knowledge to be able to answer all questions pertaining to that equipment. Upon completion of training, Vendor representative is to observe VA operations on each shift for proper use of equipment (3 total shifts, 8 hours each, outside of training). Contractor is to coordinate with the A/E (Architect / Engineering firm) for the Reconfigure SPS Scope Processing Project, 626-17-501, and Replace AHU-3A for Sterile Processing Supply Project, 626-17-201. These projects will impact the site preparation of the Vendor Installed equipment. A/E will coordinate design work associated with Cart Wash room, High Level Disinfection/Scope Storage (Medivator) room, Manual Wash room, office, and affected adjacent spaces, i.e. Decontamination and Sterile Preparation Room. General Requirements Contractor will coordinate all work through the VA COR. All labor, materials, equipment to perform the job; When furnish, provide, install or similar term is used, it shall mean a complete installation, ready for use. The contractor shall identify all employees that will be working under the awarded contract. Contractor personnel shall include employees, sub-contractors, suppliers and delivery personnel entering the medical center. Those employees shall bring photo ID to obtain a VA Contractor identification badge that shall be worn above the belt at all times while on medical center property. Contractor s employees shall return all I.D. badges to designated personnel at the end of the period of performance of the contract. Lost badges will result in a surcharge. The safety manager is responsible for safety inspections of all contract operation and will be identified to the contractor. All VA and OSHA safety regulations shall be observed during the performance of work identified on this contract. Provide signage and barricades, as required, to maintain safety and protection of work around project work site. The contractor shall visit the job site to thoroughly familiarize himself with all the details of this work and working conditions. The contractor shall also verify all dimensions in the field and shall advise the Contracting Officer and COR of any discrepancy before performing any work. The contractor shall be specifically responsible for the coordination and proper relation of his work to the building, structure, phasing and ensure the safety of employees and workmen. Contractor shall not allow smoking in any building and shall ensure employees smoke only in designated outdoor areas. Contractor will take adequate precautions to protect all adjacent equipment, concrete pads and walkways in the work area from spills, drips, runs and damage from the use of power tools. The Contractor does not have assigned parking and is responsible for parking in authorized locations only. Drivers should be particularly concerned with Pedestrian traffic; yield to pedestrians in crosswalks. Seat Belt use is mandatory on all VA grounds. The Contractor shall at all times keep the work area, including any areas where materials/equipment is being stored, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. When items, equipment, or materials are shown to be demolished, remove all appurtenances and patch back as necessary using materials consistent with adjacent site preparation. Do not leave any abandoned components or utility feeds. Remove utilities feeds back to the source or an active line, main, or main branch. Type of controls throughout project work shall be consistent. Controls must be of the same manufacturer and type. Due to space limitations, contractor will be provided limited space for a staging area. For equipment/material that is no longer needed, the contractor is responsible for disregarding all waste. Completion Upon completing a segment of work (related to a location/task/objective), the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer or the Contracting Officer's Representative (COR). Upon completion of a segment of work, the Contractor shall demonstrate to the COR that the work is complete and the system is working. QUOTE FORMAT AND EVALUATION CRITERIA Offerors shall complete the above 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 the Sterile Processing System (SPS), to include de-installation, and installation 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 May 26, 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 May 26, 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 120 days for the initial de-installation of current equipment, delivery and installation of the new equipment. 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): 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. 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 it is 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: New Vendor Form Attachment B: Past Performance Questionnaire
 

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File Name: VA249-17-Q-0679 A00002 VA249-17-Q-0679 A00002.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3517005&FileName=VA249-17-Q-0679-A00002000.docx)

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SN04517437-W 20170524/170522235005-4a1aadc17d09857775f9023f710fe4ab (fbodaily.com)
 

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