Inactive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)

Service-Disabled, Veteran-Owned, Small Business Set Aside Statement of Work Subj.: Statement of Work for Annual Preventative Maintenance (PM) on Hospital-owned Patient Lifts GENERAL SCOPE: Contractor ... Service-Disabled, Veteran-Owned, Small Business Set Aside Statement of Work Subj.: Statement of Work for Annual Preventative Maintenance (PM) on Hospital-owned Patient Lifts GENERAL SCOPE: Contractor to provide maintenance and repair services for the equipment and/or utility systems as described in the line-items contained in the following Statement of Work (SOW) at the Department of Veteran Affairs Healthcare System Washington DC 20422. for the base period of 03/16/20 thru 3/15/21 with four option year periods. Specific full-maintenance, preventive-maintenance and/or emergency service/callback requirements are detailed in each individual equipment/system scope. Contractor shall provide factory trained and certified personnel to perform the duties assigned in the scope of work that are to be performed during normal duty hours. On-site technicians will work directly with the Contracting Officer s Representative (COR) on the individual equipment and/or utility systems to schedule, perform and document work that is required. Scope: Clin 1 - Provide as per factory and equipment standards all labor, materials, tools, equipment and supervision of a certified-licensed technician to perform preventive maintenance inspections for one hundred ninety-six (196) Waverley Glen Ceiling Mounted Patient Lifts. Clin 2 - Provide as per factory and equipment standards all labor, materials, tools, equipment and supervision of a certified-licensed technician to perform preventive maintenance inspection of all associated tracks/rail systems that interface with one hundred ninety-six (196) Waverley Glen Ceiling Mounted Patient Lifts in Clin 1. Clin 3 - Provide as per factory and equipment standards all labor, materials, tools, equipment and supervision of a certified-licensed technician to perform preventive maintenance inspection for (25) Arjo Maxi Sky 1000 Floor Patients Lift Units at the VA Health Care System s Washington DC Campus. Contractor will provide one annual preventive maintenance inspection. PREVENTIVE MAINTENANCE: The Contractor shall perform preventive maintenance as scheduled; the day of the preventive maintenance must be scheduled with the COR at least 72 hours in advance and during normal working hours. All exceptions to the preventive maintenance schedule shall be arranged and approved in advance with the COR. Upon arrival to perform the service, the contractor must report to the M&O Chief or his designee, in Bldg. 6 BH119 Frequency: Invoices billed immediately after the month of completion of services. Hours of Work: All work to be performed during the hours of 8:00 AM to 3:30 PM, Monday thru Friday. Reports: Use VA designated checklists. Reports must be signed by the service provider, a designated VA Witness and the Manager for the Department utilizing the lifts at the completion of the work. An electronic version of same shall be sent to the COR. Preventive Maintenance (PM) Procedures: SCHEDULED PATIENT LIFT ANNUAL INSPECTIONS Perform load testing to the manufacturer s specifications Inspect frame interlocks and hardware for serviceability and missing parts Inspect cassette gears for wear Inspect connecting joints for proper attachment (cassette trolley and spreader bar) Verify that the emergency brake on the drum is turning freely Verify performance of emergency devices Inspect and torque the track end stoppers Inspect visibility of bracket locking device Inspect rail joints and centering of spring pins Inspect/verify centering of rails Verify serviceability of any installed accessories (turntables and/or exchangers) Verify placement of installed fixed components Verify proper voltage output from fixed battery charger and continuous chargers Inspect complete length of lift strap for wear Inspect slings for wear Verify correct calibration of installed weight measurement devices (scales) Load test batteries Diagnose and correct system issues Perform a complete function check upon completion of repairs to ensure proper operation, serviceability and safety EVERY 2ND YEAR SCHEDULED INSPECTION Perform annual inspection Change lift strap Replace system batteries as per patient safety lift instructional manual Repair Procedures: Respond to callback and place equipment in first-class operating condition based on PM parameters above. Contractor will provide all parts and materials for callback repairs. Security Contractor s employees shall not enter the VA site without an appropriate badge. They may also be subject to inspection of their personal effects when entering or leaving the project site. For working outside the "regular hours" as defined in the contract, the contractor shall give a reasonable notice to the Contracting Officer s Representative so that security arrangements can be provided for the employees. This notice is separate from any notices required for utility shutdown described later in this section. No photography of VA premises is allowed without written permission of the Contracting Officer. Document control Contractor shall provide Material Safety Data Sheets of any and all cleaning agents used during their maintenance activities. Contractor shall prepare and submit the proposed maintenance schedule for approval. Where indicated throughout the SOW, reports are to be submitted to the COR upon completion of work. Failure to provide reports may delay payment. All work will be subject to inspection by VA s FMS personnel. Contractor to submit a payment schedule of values for approval prior to invoicing. The schedule of values must indicate all provided services monthly, quarterly, semi-annually or annually as needed to match frequency of service provided as described in the individual equipment/system s Scope of Work (SOW). Invoices should be billed within 30 days after work is completed. Invoices should include a breakdown list with proof of service as validated by the contractor s on-site manager and the COR. Payment will be made via on-line certified invoice following approval by the COR and in accordance to the approved schedule of values. Final Cleaning Upon completion of maintenance activities, or as work progresses, remove all replaced parts/debris. CONFORMANCE STANDARDS: Contractor shall ensure that the equipment functions in conformance with the latest published standards, codes, specifications, and regulations to include, but not limited to: Joint Commission for the Accreditation of Healthcare Organizations (JCAHO), National Fire Protection Agency (NFPA-99), Original Equipment Manufacturer (OEM), American Hospital Association (AHA)/American Society for Hospital Engineering (ASHE), Institute of Electrical And Electronic Engineers (IEEE), Washington, DC; VAMC Engineering Service Standard Operating Procedures (SOPS), and any other Federal, State, and local regulations that are mandated. HOURS OF COVERAGE : Scheduled inspection work required in the performance of this contract shall be performed during the hospital's regular hours, including federal holidays, unless directed differently. Federal Holidays observed by the VAMC(s) are: New Year s Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day This also includes any other day specifically declared by the President of the United States to be a national holiday. All service and repairs shall be performed during normal hours of coverage with prior approval of the COR. The COR may approve service outside normal hours of coverage at no additional cost to the government. SERVICE MANUALS: The VAMC shall not provide service manuals or service diagnostic software to the Contractor. The Contractor shall obtain, have on file, and make available all operational and technical documentation (such as: operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract. TEST EQUIPMENT: Within thirty (30) days after award, the Contractor shall provide the VAMC with a copy of the current calibration certification of all test equipment which shall be used by the Contractor on VAMC's equipment. This certification shall also be provided on a periodic basis when requested by the VAMC. Test equipment calibration shall be traceable to a national standard. ADDITIONAL INFORMATION: Parking for contractors will not be permitted on the VAMC/DC facility. Violators will be towed at Contractor s expense. CONTRACT DURATION: This will be a fixed-price contract base plus four options. A.1 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor s products or services or considers the Contractor s products or services superior to other products or services. (End of Clause) A.2 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) (a) Definition. For the Department of Veterans Affairs, Service-disabled veteran owned small business concern or SDVOSB : (1) Means a small business concern: (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition); (ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; (iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); and (v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts. (2) Service-disabled Veteran means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). (b) General. (1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code. (c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award. (d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or similarly situated (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following: (1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (2) Supplies or products. (i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. (3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6. (e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants. (f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence. (End of Clause) A.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018) (a) This solicitation includes . (b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement. (c) All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. (d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. (End of Clause) A.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) (a) Definitions. As used in this clause (1) Contract financing payment has the meaning given in FAR 32.001; (2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment; (3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests; (4) Invoice payment has the meaning given in FAR 32.001; and (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA s Electronic Invoice Presentment and Payment System at the current website address provided in the contract. (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of Clause) A.5 VAAR 852.246-71 REJECTED GOODS (OCT 2018) (a) Supplies and equipment. Rejected goods will be held subject to Contractor s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor s address at the Contractor s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor. (b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products. (End of Clause)