36C24223Q1230_1.docx

36C24223Q1230

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany NY 12208-3410

POINT OF CONTACT*

Contract Specialist Charles Collins Charles.Collins@va.gov

PLACE OF PERFORMANCE

Brooklyn, Manhattan and St Albans VAMC's

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice NYH Fuel Tank Maintenance

Combined Synopsis/Solicitation Notice

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

630-24-1-6078-0003 36C24223Q1230 12-13-2023 Collins, Charles (518)626-7200 12-27-2023

3PM

EST

Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany NY 12208-3410 X X 562998 $16.5 Million N/A X Department of Veterans Affairs New York Harbor Healthcare System, Brooklyn, Manhattan & St Albans Campuses

Department of Veterans Affairs Samuel S . Stratton VA Medical Center Network Contracting Activity Holland Avenue (2-90NCA) Albany NY 12208-3410

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page Network Contracting Office 2, Manhattan Brooklyn & St Albans VAMC's, requires fuel tank maintenance for New York Harbor Healthcare System (VANYHHS) - Brooklyn, Manhattan & St Alban campuses as described herein.

Period of Performance: 1/2/2024 - 12/31/2024, with the provision of four (4) option years.

Solicitation questions deadline: All questions must be submitted in writing via email to Charles.Collins@va.gov and Janine.Childs@va.gov by 12/20/2023 at 3:00 pm EST.

Questions answered will be posted via a solicitation amendment on Contract Opportunities.

Please refer to sections E.1 and E.2 for solicitation requirements, as this solicitation closes on 12/27/2023 at 3:00 pm EST.

See CONTINUATION Page X x Janine Childs Contracting Officer Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Charles Collins

Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany NY 12208-3410

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of Page 1 of Page 1 of

B.2 STATEMENT OF WORK (SOW)

New York Harbor Healthcare System Petroleum Bulk Storage Tank Maintenance Statement of Work Summary: The vendor shall provide various services to support the management of petroleum bulk storage tanks at the U.S. Department of Veterans Affairs New York Harbor Healthcare System (NYHHS). Work shall be performed at the following NYHHS facilities:

· Brooklyn VA Medical Center, 800 Poly Place, Brooklyn, NY 11209

· Manhattan VA Medical Center, 423 East 23rd Street, New York, NY 10010

· VA St. Albans Community Living Center, 179-00 Linden Boulevard, Jamaica (Queens), NY 11425 Period of Performance:

Date of award thru December 31, 2024, with the provision of four (4) option years.

Scope of Work: The Contractor shall be responsible for specified maintenance of the petroleum bulk storage tank systems listed in the tables incorporated in sections (4) and (5) of this scope of work.

Maintenance items shall include tank monitoring panels, probes, sensors, thermal printers, alarms, batteries and all associated components of the tank gauging and leak detection systems. The Contractor shall provide properly trained technicians to service, repair, and/or calibrate tank monitoring systems, probes, and all other accessories in accordance with the manufacturer’s instructions and this scope of work.

1. Scheduled Maintenance

a. Annual Maintenance:

The Contractor shall:

i. Check interstitial monitoring systems of all underground storage tanks in accordance with all provisions set for in 40 CFR 280.40 and updated 2015 EPA regulations. This includes, but is not limited to, checking probes and sensors for residual buildup, ensuring floats move freely, checking shaft for damage, ensuring cables are free of breaks and kinks, and testing alarm operability and communication with controller (e.g. verifying system configuration and battery backup);

ii. Check overfill prevention devices of all underground storage tanks to ensure equipment (i.e. overfill alarm and automatic flow restrictor/shut-off) is set to activate at the correct level and when regulated substance reaches set level, in accordance with all provisions set forth in 40 CFR 280.35 and updated 2015 EPA regulations.

iii. Perform full functionality check and calibration of all tank monitoring systems (e.g. Veeder-Root and Omntec alarm panels) in accordance with manufacturer’s instructions and EPA published guidance document “Standard Test Procedures for Release Detection Methods: Automatic Tank Gauging Systems”, (EPA 510-B-19-002), May 2019.

iv. Collect samples of diesel fuel from designated underground storage tanks and submit for fuel quality analysis. The procedure is as follows: 1) Collect one sample per tank, approximately 2’ above the bottom of the tank using a “thief” sampler or other methodology, taking care not to excessively disturb bottom sediment; 2) Submit the samples to a laboratory that is certified to perform the American Society for Testing and Materials (ASTM) test methods indicated on the next page. The laboratory should have extensive experience in testing fuel samples.

v. Provide a written summary report documenting the results of the tank system functionality checks (stipulated in sections 1A, 1B, and 1C of this Statement of Work) in accordance with all provisions set forth in 40 CFR 280.45, and a separate report describing the fuel test results in comparison to the ASTM standards referenced in the table above and include recommendations to treat and/or filter the fuel as required in order to resolve any fuel quality issues.

ANNUAL FUEL QUALITY TESTING REQUIRED PARAMETERS

90% at 350°C (662°F) Max (Preferred) 90% at 360°C (680°F) Max

0.0015% (<15 ppm) for Tier IV

ANNUAL FUEL QUALITY TESTING SAMPLING SCHEDULE

TOTAL NUMBER OF ANNUAL SAMPLES

(For all Required Parameters):

b. Biennial (Every-Other-Year) Maintenance:

NOTE: Biennial maintenance applies to: Tanks 007 and 008 at Brooklyn VAMC; Tanks 003, 004 and 005 at Manhattan VAMC; and Tanks 001, 002, 003, 003A, 003B, 004 and 007 at St. Albans CLC (twelve tanks in total).

The Contractor shall:

i. Test fill port spill buckets of all designated underground storage tanks for liquid tightness/integrity to ensure the equipment is liquid tight by using vacuum, pressure, or liquid testing in accordance with all provisions set forth in 40 CFR 280.35.

ii. Provide a written summary report documenting the completion of the tests and findings, including a summary of recommendations to resolve any failed tests.

iii. Pump out and properly dispose of petroleum-contaminated wastewater generated from testing procedures referenced in this section. The contractor will be responsible for providing the VA with copies of the appropriate shipping and disposal documents and other related paperwork in accordance with all provisions set forth in 40 CFR 761.214.

2. One-Time Maintenance (Base Year only) The Contractor shall:

a. Affix weatherproof signage to all underground storage tanks in accordance with provisions set for in 40 CFR 280 and 6 NYCRR Part 613. This includes, but is not limited to PBS tank ID, storage capacity, contents, etc. The Contractor is to permanently affix API color coding in accordance with NYS DEC regulations.

b. Replace current steel, tank top manhole covers with fiberglass reinforced plastic manhole cover systems such as “Fibrelite Composite Manhole Covers” or other equivalent product for USTs 009, 010, and 011 at Brooklyn VA Medical Center, USTs 003, 004, and 005 at Manhattan VA Medical Center, and USTs 002 and 004 at St. Albans Community Living Center. Provide and install a total of eight (8) 24” diameter manhole covers. Installation shall include all requisite appurtenances including manholes, frames, covers, skirts, fill risers, spill buckets, adaptors, and cover handle access tools.

3. Unscheduled Maintenance The Contractor shall be requested to perform unscheduled maintenance (UM) of fuel tank systems on as needed basis by the COR. The Contractor shall submit cost quotations for all requested UM prior to performing any work. The Contractor may only proceed with work upon written authorization from the Contracting Officer (CO).

For individual unscheduled maintenance actions, the work will be performed in accordance with a Government-approved technical instruction, and the Contractor shall obtain all parts, materials, supplies, and labor for individual unscheduled maintenance actions and repairs which cost less than or equal to $5,000.

Unscheduled maintenance tasks include but are not limited to:

a. Repair of tank monitoring panels and probes (replace defective components as needed).

b. Dispatch of a vacuum truck and operator to pump out standing water and/or fuel from tank sumps, interstitial spaces, and bottom of tanks.

c. Empty and clean underground and/or aboveground tanks. Safely remove all fuel, accumulated sludge, and contaminated water and dispense into an appropriate waste storage container. The Contractor shall facilitate the proper disposal of waste.

d. Spill Response: The Contractor shall take all measures necessary to respond to fuel/oil spills and coordinate all aspects of clean-up (i.e. managing sub-contractors, supplies, etc.) in accordance with NYS DEC and US EPA regulations; and ensure mobilization of all necessary field crews within 4 hours of notification.

e. Perform vacuum tightness testing of underground storage tanks. Testing should isolate the tank from the piping and test the tank only, not the piping. Test methodology must consist of a vacuum test capable of detecting a leak of 0.1 gallons per hour or less and should be on the list of test methods approved by the National Work Group on Leak Detection Evaluations (NWGLDE).

f. [Manhattan Campus Only]: Conduct service/repairs on the Simplex SmartFilter Fuel Filtration/Polishing System on an as needed basis (e.g. when the alarm indicates an issue) which can include but is not limited to filter changes and other routine preventative maintenance. The Contractor shall process all fuel in underground storage tanks through the filter system after maintenance.

NY Harbor Healthcare System Underground Storage Tank Unscheduled Maintenance Plan

4. VA NY Harbor Healthcare System Underground Storage Tank Inventory (Note: All tanks contain ultra-low sulfur diesel fuel)

Brooklyn VA Medical Center

Manhattan VA Medical Center

St. Albans Community Living Center

5. VA New York Harbor Healthcare System Underground Storage Tank Monitoring System Inventory

Brooklyn VA Medical Center

Manhattan VA Medical Center

St. Albans Community Living Center

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Annual Maintenance:

1) Annual fuel quality testing (Brooklyn, Manhattan and St. Albans VAMC)

2) Annual fuel sampling: Brooklyn VAMC Tanks 007 & 008. 2 samples Manhattan VAMC Tank 003, 004, 005. 3 Samples St. Albans VAMC 001, 002, 003, 003A, 003B, 004 and 007. 7 Samples Contract Period: Base POP Begin: 12-27-2023 POP End: 12-26-2024 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Biennial (Every-Other-Year) Maintenance: Biennial maintenance applies to: Tanks 007 and 008 at Brooklyn VAMC; Tanks 003, 004 and 005 at Manhattan VAMC; and Tanks 001, 002, 003, 003A, 003B, 004 and 007 at St. Albans CLC (twelve tanks in total).

Contract Period: Base POP Begin: 12-27-2023 POP End: 12-26-2024

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

0.00

One-Time Maintenance:

1) Affix weatherproof signage to all underground storage tanks in accordance with provisions set for in 40 CFR 280 and 6 NYCRR Part 613.

2) b. Replace current steel, tank top manhole covers with fiberglass reinforced plastic manhole cover systems such as “Fibrelite Composite Manhole Covers” or other equivalent product for USTs 009, 010, and 011 at Brooklyn VA Medical Center, USTs 003, 004, and 005 at Manhattan VA Medical Center, and USTs 002 and 004 at St. Albans Community Living Center. Provide and install a total of eight (8) 24” diameter manhole covers Contract Period: Base POP Begin: 12-27-2023 POP End: 12-26-2024

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

0.00

Contract Period: Base POP Begin: 12-27-2023 POP End: 12-26-2024

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Additional repair labor hours. Service Contract Act applies. (0 32hours) Contract Period: Base POP Begin: 12-27-2023 POP End: 12-26-2024

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

Additional repair labor hours. Construction Labor Standard (over 32 hours for one (1) job).

Contract Period: Base POP Begin: 12-27-2023 POP End: 12-26-2024

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

Annual Maintenance:

2) Annual fuel sampling: Brooklyn VAMC Tanks 007 & 008. 2 samples Manhattan VAMC Tank 003, 004, 005. 3 Samples St. Albans VAMC 001, 002, 003, 003A, 003B, 004 and 007. 7 Samples Contract Period: Option 1 POP Begin: 12-27-2024 POP End: 12-26-2025

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

0.00

Contract Period: Option 1 POP Begin: 12-27-2024 POP End: 12-26-2025

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Additional repair labor hours. Service Contract Act applies. (0

Contract Period: Option 1 POP Begin: 12-27-2024 POP End: 12-26-2025

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Additional repair labor hours. Service Contract Act applies. (0

Contract Period: Option 1 POP Begin: 12-27-2024 POP End: 12-26-2025

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Annual Maintenance:

2) Annual fuel sampling: Brooklyn VAMC Tanks 007 & 008. 2 samples Manhattan VAMC Tank 003, 004, 005. 3 Samples St. Albans VAMC 001, 002, 003, 003A, 003B, 004 and 007. 7 Samples Contract Period: Option 2 POP Begin: 12-27-2025 POP End: 12-26-2026

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Biennial (Every-Other-Year) Maintenance: Biennial maintenance applies to: Tanks 007 and 008 at Brooklyn VAMC; Tanks 003, 004 and 005 at Manhattan VAMC; and Tanks 001, 002, 003, 003A, 003B, 004 and 007 at St. Albans CLC (twelve tanks in total).

Contract Period: Option 2 POP Begin: 12-27-2025 POP End: 12-26-2026

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

0.00

Contract Period: Option 2 POP Begin: 12-27-2025 POP End: 12-26-2026

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Additional repair labor hours. Service Contract Act applies. (0

Contract Period: Option 2 POP Begin: 12-27-2025 POP End: 12-26-2026

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Additional repair labor hours. Service Contract Act applies. (0

Contract Period: Option 2 POP Begin: 12-27-2025 POP End: 12-26-2026

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Annual Maintenance:

2) Annual fuel sampling: Brooklyn VAMC Tanks 007 & 008. 2 samples Manhattan VAMC Tank 003, 004, 005. 3 Samples St. Albans VAMC 001, 002, 003, 003A, 003B, 004 and 007. 7 Samples Contract Period: Option 3 POP Begin: 12-27-2026 POP End: 12-26-2027

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

0.00

Contract Period: Option 3 POP Begin: 12-27-2026 POP End: 12-26-2027

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Additional repair labor hours. Service Contract Act applies. (0

Contract Period: Option 3 POP Begin: 12-27-2026 POP End: 12-26-2027

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Additional repair labor hours. Service Contract Act applies. (0

Contract Period: Option 3 POP Begin: 12-27-2026 POP End: 12-26-2027

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Annual Maintenance:

2) Annual fuel sampling: Brooklyn VAMC Tanks 007 & 008. 2 samples Manhattan VAMC Tank 003, 004, 005. 3 Samples St. Albans VAMC 001, 002, 003, 003A, 003B, 004 and 007. 7 Samples Contract Period: Option 4 POP Begin: 12-27-2027 POP End: 12-26-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Biennial (Every-Other-Year) Maintenance: Biennial maintenance applies to: Tanks 007 and 008 at Brooklyn VAMC; Tanks 003, 004 and 005 at Manhattan VAMC; and Tanks 001, 002, 003, 003A, 003B, 004 and 007 at St. Albans CLC (twelve tanks in total).

Contract Period: Option 4 POP Begin: 12-27-2027 POP End: 12-26-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

0.00

Contract Period: Option 4 POP Begin: 12-27-2027 POP End: 12-26-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Additional repair labor hours. Service Contract Act applies. (0

Contract Period: Option 4 POP Begin: 12-27-2027 POP End: 12-26-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Additional repair labor hours. Service Contract Act applies. (0

Contract Period: Option 4 POP Begin: 12-27-2027 POP End: 12-26-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5)…