36C24224Q0401.docx

36C24224Q0401

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24224Q0401 03-06-2024 Julie Monagan Barnard 607-590-1325 04-05-2024 15:00

EDT

00242 Network Contracting Office 2 Department of Veterans Affairs Bath VA Medical Center 76 Veterans Avenue Bath NY 14810 X N 811310 $12.5 Million N/A X Department of Veterans Affairs Bath VA Medical Center 76 Veterans Avenue Bath NY 14810-0810 00242 Network Contracting Office 2 Bath VA Medical Center 76 Veterans Avenue Bath NY 14810

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

See CONTINUATION Page This solicitation is established to fulfill the requirement for Boiler Plant Maintenance for the Albany VA Medical Center. This will include inspection, testing, calibration and maintenance. Please refer to the detailed Statement of Work included herewith. The period of performance shall consist of a base year period followed by four (4) option periods. The tentative start date is April 16, 2024.

Please complete this solicitation document by entering pricing at B.3 and signing this document. Please submit the offer electronically to julie.monaganbarnard@va.gov no later than 3:00 pm EST on March 29th, 2024.

Any questions regarding this solicitation or interest in attending a scheduled site visit must be submitted to julie.monaganbarnard@va.gov no later than March 13th, 2024

3:00 PM EST.

See CONTINUATION Page X Michael Estep

VA-VHA-RPOE-2023-0015

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 Network Contracting Office 2 Department of Veterans Affairs Bath VA Medical Center 76 Veterans Avenue Bath NY 14810

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.

tungsten-network.com/customer-campaigns/veteransaffairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

BOILER PLANT INSPECTION, TUNING AND CALIBRATION

STATEMENT OF WORK

DEPARTMENT OF VETERANS AFFAIRS

Albany Stratton Medical Center Albany, NY 12208

1. PURPOSE. Obtain maintenance and repair services regarding testing boilers, safety control devices, boiler control system, and associated instrumentation equipment at the Albany Stratton Medical Center.

2. SCOPE OF WORK - OVERVIEW

2.1 The Contractor shall provide management, supervision, labor, parts, materials, tools, incidental engineering services, and transportation necessary to perform inspections, maintenance, repair, combustion tuning, calibrations, testing, and component replacement by licensed and certified personnel to keep the Boiler Controls and safety devices and equipment in compliance as per the description below.

The Contractor shall provide callback response and emergency services both during typical work hours and outside normal operating hours such as weeknights, weekends, and Federal Holidays. Maintenance that fully affects the normal operations of the healthcare facility shall be performed during off peak hours to reduce patient care interruption. At least one of the emergency telephone numbers with alternate telephone number, shall be manned twenty-four (24) hours per day, 365 days per year. Federal Holidays:

· New Year’s Day January 1st

· Martin Luther King’s Birthday 3rd Monday in January

· Memorial Day last Monday in May

· Juneteenth National Independence Day June 19th

· Independence Day July 4th

· Labor Day 1st Monday in September

· Columbus Day 2nd Monday in October

· Veterans Day November 11th

· Thanksgiving Day 4th Thursday in November

· Christmas Day December 25th

2.2 The list below to be used as a reference only and not to be considered as a complete list of equipment.

Equipment Inventory:

Transmitter/Analyzer Specs –Steam flow, and water level and draft pressure transmitters.

· # 1 Boiler

· Water level- Foxboro, IDP10-722B21F-m1

· Steam flow- Foxboro, IDO10-A22B21F

· Draft Pressure- Foxboro, IGP20-A22A21F-M1

· #2 Boiler –

· Water level- Foxboro, IDP10-A22BN21-m1

· Steam flow- Foxboro, IDP10-T22B21F-M1L1

· Draft Pressure- Foxboro, IGP20-A22A21F-M1

· #3 Boiler

· Water level- Foxboro, IDP10-A22B41F

· Steam flow- Foxboro, IDP10-A22B21F

· Draft Pressure- Foxboro, IGP20-A22A21F-M1

· #4 Boiler

· Drum Pressure- Foxboro, IGP10-T22D1F-L1

· Drum Level- Foxboro, IDP10-T22A21F-M1L1

· Steam flow- Foxboro, IDP10-T22R21F-M1L1

· DA tank transmitter; Foxboro, IDP10-T22B21F-M1L1

· Main steam header transmitter: Foxboro, IDP10-A22D1F-M1

· Oil Skid Pressure Foxboro, IGP10A22D1F-M1

· Compressed Air Flow- Enders+Hauser, Prowirl 72 Da087316000

· Oxygen analyzers

· #1,2,3 boilers, Hays Cleveland series 10050 #4 boiler, Preferred O2 monitor.

3. SCOPE OF WORK – SPECIFIC TASKS

3.1 Calibrate 19 Transmitters and 4 Oxygen analyzers:

1. calibration of four (4) steam flow transmitters.

1. calibration of four (4) water level transmitters and re zero the four (4) water level transmitters to accommodate for the drop in working steam pressure.

1. calibration of three (3) draft pressure transmitters.

1. calibration of three (3) steam recorder transmitters.

1. calibration of one (1) Drum pressure transmitter.

1. calibration of one (1) DA tank transmitter.

1. calibration of one (1) main steam header transmitter.

1. calibration of one (1) oil skid pressure transmitter.

1. calibration of one (1) compressed air flow transmitter.

1. calibration of four (4) oxygen analyzers.

3.2 Boiler External / Operational Inspection: Contractor shall conduct semi-annual Required Inspections & Operational Tests (RIOT) as specified in the Boiler Efficiency Institute (BEI) 7th edition Manual.

3.2.1 Exclusions and Initial Inspection Period: The Contractors shall perform a complete initial inspection of Boiler plant systems for which maintenance coverage is specified. The period for inspection shall be 20 days. The Contractor shall provide a detailed written report, with photographs (electronic and hard copy), of their findings. The COR shall validate the list. The Contracting Officer shall settle disputes between vendor list and the Government validation. Contractor shall not include any items that would be replaced, repaired, or adjusted during performance of normal preventive maintenance.

3.2.2 Immediately after contract award and no later than 60 days thereafter, the Contractor and the Government shall conduct a thorough inspection of Boilers and develop a list of existing deficiencies and required corrective actions. Any work listed on this survey shall not be the responsibility of the Contractor under the terms of this Contract. The Government shall work with the Contractor on developing a cost proposal and plan for the making identified corrections/repairs and the Government shall pay for the corrective action work under a separate purchase order/task order.

3.2.3 If a deficiency is not identified in the inspection and 60 days have passed since the award of the contract, the deficiency shall be covered under this contract.

3.2.4 Once the deficiencies identified have been corrected, any future service, maintenance or replacement required for these same items shall be covered under this contract.

3.2.5 External inspection of the boilers shall be made by the contractor in accordance with the National Board Inspection Code (NBIC). The boiler shall be fired and brought up to operating pressure and temperature. All automatically and manually operated control devices provided for controlling the operation of the steam and pressure, combustion and boiler water level shall be inspected and caused to function under operating conditions. All associated valves and piping, pressure and temperature indicating devices, metering, recording devices, and all boiler auxiliaries shall be inspected under operating conditions.

3.2.6 The Contractor may inspect and test the boilers with the steam distribution valves closed or open, as necessary, to fire the boiler and operate it under normal operating conditions. Testing the function of automatically or manually controlled devices and apparatus that may interfere with the distribution requirements shall be done with the main steam distribution valves closed, as applicable.

3.2.7 The operations of all firing equipment, including oil burners, gas burners, fuel injectors, fuel igniters, and other such equipment provided to introduce fuel into the boiler furnace and to ignite the fuel, shall be inspected by the contractor for any deficiency that may be evidenced under the operating conditions.

3.2.8 The Contractor shall inspect the operation of all controls directly associated with the operation of the boilers. Inspect the operation of the combustion controls, steam pressure controls, water level controls, and feedwater controls. Make sure the ability of the combustion control and steam pressure control to maintain proper steam pressure and air-fuel ratio is demonstrated.

3.2.9 The contractor shall check the fully automatic boiler controls for the proper programming sequence and timing with the respect to pre- purge, ignition, pilot proving, flame proving, and post purge periods. Check the operation of the flame failure and combustion air failure devices to ensure that they properly shut-off the supply of fuel.

3.2.10 While the boiler is operating, the Contractor shall examine all steam and water pipes up to the jurisdictional limits of the ASME Boiler code, including connections to the water columns and all associated piping, for leaks, and if any are found, determine whether they are the result of excessive strains due to expansion or contraction or other causes. Look for undue vibration, particularly in piping connections to the boiler.

3.3 Scheduled Maintenance. The Contractor shall obtain all parts, materials, and supplies necessary to perform scheduled maintenance, also known as preventive maintenance (PM), on all safety control devices, boiler control system, and associated instrumentation equipment plus, the Contractor shall be responsible for the cost of all manufacturer/industry standard PM replacement parts/materials/lubricants. The contractor shall review the manufacturer’s requirements for scheduled maintenance for the systems/equipment and recommend to the Utility Systems Operator Repairer Supervisor. The contractor shall ensure that the level of preventive maintenance (tasks, frequency, etc.) is adequate to preserve the manufacturer’s warranty on the systems/equipment, and that contractor personnel and subcontractors that are used to perform scheduled maintenance during the warranty period are qualified by the systems/equipment manufacturer where necessary to preserve the warranty on the systems/equipment. The Contractor shall also ensure that all scheduled maintenance complies with the applicable codes and standards (i.e., NFPAA, etc.). The Contractor shall provide written information to the Utility Systems Operator Repairer Supervisor outlining manufacturer PM Tasks to be incorporated into each items’ s PM schedule.

3.4 Unscheduled (Corrective) Maintenance (CM) In the event that the VA maintenance-Staff or inspector identified equipment that is in need for necessary repairs or parts replacement, the contractor shall provide a price for quote for the part and labor hours. Once approved, the work if deemed reasonable shall be covered under the emergency line items.

3.4.1 For individual Unscheduled Maintenance Actions, the work shall be performed in accordance with a Government-approved technical instruction, and the Contractor shall obtain all parts, materials, supplies and labor for the individual unscheduled maintenance actions and repairs which cost less than or equal to $2500. Labor is not calculated into the $2500 threshold if performed by on-site contractor personnel during normal duty hours. Labor obtained via sub-contract can be included in the cost determination, however the Contracted Maintenance Mechanic must demonstrate to the COR that the repair is beyond the capabilities of on-site maintenance mechanics to execute in-house.

3.5 Parts & Materials: The Contractor shall obtain all parts, materials, and supplies for individual scheduled and unscheduled maintenance actions for the systems under Service Contract, which shall be included in the Contractor’s firm fixed price. All costs under Scheduled and Unscheduled Service shall be borne by the Contractor.

3.6 Retain Replaced Parts and Components. Replaced parts with acquisition value of $500.00 or greater shall be retained for at least Ten (10) days after completion of the job and these parts shall be readily available for inspection by the on-site COR upon request. When disputes arise concerning material, parts and components selected for work items already accomplished, the Contractor shall, remove, replace, and / or rework material, system, equipment, or components so compliance with the Government’s requirements are satisfied. The COR retains the right to specify the kind and quality of all materials, parts and supplies.

3.7 Warranty Enforcement. The on-site COR shall be responsible for tracking and Contractor compliance with manufacturers and contract warranties and shall maintain on-site records of equipment bearing warranties in addition to ensuring the Contractor provides fully completed worksheets to the Facility Management. The Contractor shall annotate equipment O&M records showing warranted items and warranty expiration dates on all equipment. The Contractor shall provide supporting documentation for any warranty claims to the on-site COR. The Government shall provide the Contractor with all existing warranty documentation at the start of the task order.

3.7.1 Warranty Service Response. The Contractor shall normally conduct first look, with response based on the “Response and Completion” Table in page 1 above, for all infrastructure systems under warranty, without voiding the warranty. The Contractor shall utilize a warranty response priority system for bringing the appropriate warranty outside contractor (Manufacturer or their qualified warranty responder) based on the following priority system:

3.7.1.1 Priority Code 1. Emergency Warranty Response Required. The facility maintenance Contractor shall determine the EMERGENCY nature of the warranty service call, with confirmation by the on-site COR, where the warranty outside contractor shall respond on-site within 4 hours to conduct evaluation and determine course of action and initiate work within 2 hours following the on-site response time. Work shall continue until the problem is repaired/ resolved.

3.7.1.2 Priority Code 2. Urgent Warranty Response Required. The facility maintenance Contractor shall determine the URGENT nature of the warranty service call, with confirmation by the on-site COR, where the warranty outside contractor shall respond on-site within 8 hours to conduct evaluation and determine course of action and initiate work within 2 hours following the on-site response time. Work shall continue until the problem is repaired/ resolved.

3.7.1.3 Priority Code 3. Routine Warranty Response Required. The facility maintenance Contractor shall determine the ROUTINE nature of the warranty service call, with confirmation by the on-site COR, where the warranty outside contractor shall respond on-site within 3 days to conduct evaluation and determine course of action and initiate work within 2 hours following the on-site response time. Work shall continue until the problem is repaired/ resolved.

3.8 Equipment Repair/Replacement: The Contractor shall assume responsibility for all Service repairs to the equipment, whether the repair is conducted by the General Maintenance Contractor or a hired sub-contractor. Deficiencies found after the initial Contractor RPIE (Real Property Income and Expense) survey/inspection shall not be considered preexisting and the repair shall be the responsibility of the Contractor.

3.9 Existing Deficiencies: Nothing in this section pertaining to existing deficiencies shall be construed as diminishing the obligations imposed by this agreement upon the contractor, to operate and maintain any deficient item to the extent possible. The Contractor shall be responsible for maintaining proper operation of all RPIE whether identified or not on the initial Contractor RPIE survey/inspection.

3.10 Removal from Coverage: Contractors shall notify the CO and COR at least one (1) year.

prior to the effective date of their intent to remove an equipment item from coverage because it has passed life expectancy and can no longer be economically maintained. This change can only be done after the year has expired and at next task order renewal period. The facility must take appropriate action to replace the equipment in order to have coverage on that specific equipment item. In the event the facility cannot or does not replace identified equipment, coverage for that equipment shall cease and the task order price shall be reduced accordingly. Note: PM labor and PM parts shall continue to be provided at comparable GSA rates for items that are dropped off the coverage.

4. DELIVERABLES

4.1 The Contractor shall provide (3 copies) of the report detailing the work completed and itemized against the VHA 1810 to the Chief of Engineering on the Effectiveness of the PM Program; provide quantitative results analysis of the impact of the PM Program. The report is to be provided within the completion of the PM Cycle.

4.2 All service tickets, reports of inspections, work orders, Boiler Efficiency Institute (BEI) Safety device testing reports, other service, maintenance, and repairs shall be documented and provided to Facilities Management Services (Boiler plant Supervision). These reports are due each time the service is completed.

5. CONTRACTOR /SUBCONTRACTOR QUALIFICATIONS

5.1 Experience regarding VHA Directive 1810. Boiler plant operations and BEI VHA Boiler and Associated Plant Safety Device Testing Manual Seventh Edition.

5.2 Calibrations shall be performed by a qualified boiler controls person with proficiency and knowledge in installation and calibration of differential pressure and single line pressure transmitters, specifically Foxboro. Additionally, the qualifications include proficiency working with Hays Cleveland O2 analyzers.

5.3 Process Control Technicians, Electricians or other trades involved with repairs or testing shall have essential system qualifications and experience in hospital work environments. Contractor shall ensure all certificates, licenses, and permits are kept current and valid. Associated training, licensing and certifications shall be at the expense of the Contractor. The Contractor shall ensure that journeyman tradespersons shall be licensed for their respective trades in accordance with city, county, state, or federal requirements.

6. CONTRACTOR REQUIREMENTS

6.1 The Contractor shall furnish all labor, personnel, equipment, tools, and supervision required to complete the tasks identified in this statement of work.

6.2 Contractor shall ensure the transmitters and analyzers are operating within prescribed perimeters.

6.3 Contractor shall ensure all work complies with:

BEI 7th edition manual NFPA 70 – National Electrical Code NFPA 70E – Standard for Electrical Safety in the workplace NFPA-85 – Boiler and Combustion Systems Hazard Code VHA Boiler and Associated Plant Safety Device Testing Manual 7th Edition Boiler Efficiency Institute (BEI) 7th edition Manual.

National Board Inspection Code (NBIC) ASME Boiler Code

6.4 The contractor shall provide the Contracting Officer (CO) and on-site Contracting Officer Representative (COR) with information on the qualifications or certifications for employees and sub-contractors as requested.

6.5 Contractor shall ensure units are locked out and tagged out (LO/TO) along with VA Staff to adhere with VA LO/TO policy.

6.6 Contractor shall ensure their own locks are in place where required to ensure the safety of their personnel.

7. CALL BACK SERVICE

7.1 Callback service is defined as a request for service or to assist in an entrapment for one or more Boilers, either during or after normal working hours, during weekdays, weekends, or holidays, to correct any problem or condition, including entrapment, which needs attention.

7.2 Contractor shall respond to all call backs within 4 hours and be prepared to take corrective action at the site within 8 hours.

7.3 Equipment malfunctions shall be corrected the same day the service call is issued. If circumstances beyond the Contractor’s control prevent the resolution of the problem on day of request, the CO/COR must be notified in writing with and explanation of the delay.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Annual boiler plant testing, tuning, and calibration for Albany VA Medical Center boiler plant as indicated in the Statement of Work.

Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J044 - Maintenance, Repair, and Rebuilding of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

Annual boiler plant testing, tuning, and calibration for Albany VA Medical Center boiler plant as indicated in the Statement of Work.

Contract Period: Option 1 POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J044 - Maintenance, Repair, and Rebuilding of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

Annual boiler plant testing, tuning, and calibration for Albany VA Medical Center boiler plant as indicated in the Statement of Work.

Contract Period: Option 2 POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J044 - Maintenance, Repair, and Rebuilding of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

Annual boiler plant testing, tuning, and calibration for Albany VA Medical Center boiler plant as indicated in the Statement of Work.

Contract Period: Option 3 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J044 - Maintenance, Repair, and Rebuilding of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

Annual boiler plant testing, tuning, and calibration for Albany VA Medical Center boiler plant as indicated in the Statement of Work.

Contract Period: Option 4 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J044 - Maintenance, Repair, and Rebuilding of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.3 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)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to…