36C24422Q0102_1.docx

36C24422Q0102

GENERAL INFORMATION

Network Contracting Office 4 Services 1 1010 Delafield Road

POINT OF CONTACT*

Contract Specialist Jud Kale judson.kale@va.gov 412-822-3754

PLACE OF PERFORMANCE

Philadelphia VAMC

3900 Woodland Ave

Philadelphia PA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

COMBINED SOLICITATION/SYNOPSIS

General Information

Contracting Office Address Department of Veterans Affairs Network Contracting Office 4 Services 1 Pittsburgh, PA 15215 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C24422Q0102.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2021-05 effective March 10, 2021, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil.

This Solicitation is being competed as Small Business. The NAICS Code is 541380 – Testing Laboratories and the business size standard is $16.5 million. The FSC is H291 Equipment and Materials Testing-Fuels, Lubricants, Oils, and Waxes.

The Pittsburgh, PA Contracting Office is seeking to purchase services for Underground Storage Tank Inspections located at the Veterans Affairs Medical Center in Philadelphia, PA. The Statement of Work (SOW) is provided in the attachment.

Service Contract Act Wage Determination No. 2015-4233 Rev 19 7-21-2021, applies to this acquisition and will be incorporated into the resulting contract. A copy of the Wage Determination is included with this solicitation as an attachment.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in the attachment. All offerors are advised to pay careful attention to the quote submission instructions as there are very specific instructions as what is required to be provided.

The applicable line items/CLINs are found in the attachment.

The delivery/task order period of performance (POP) will begin as described in the Statement of Work.

Any award resulting from this solicitation will be issued on a Standard Form 1449.

For any Vendor wanting a Site Visit please email me by 10AM Wednesday November 24, 2021.

When providing quotes please DO NOT include a dollar amount in the Emergency and Repair CLINs sections.

Contractors are advised that any and all questions concerning this solicitation must be sent in writing to the Contracting Office at NCO 4, Pittsburgh, PA. Questions may be sent via email to Mr. Jud Kale at judson.kale@va.gov. No questions will be answered after 1 December 2021 @12 PM.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the contract specialist. Jud Kale at judson.kale@va.gov.

Point of Contact Jud Kale Contract Specialist Service 1 (Physical Plant Support Service) Department of Veterans Affairs/Service Area Office East/Network Contracting Office 4 1400 Blackhorse Hill Road, Coatesville, PA 19320

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice See attached document: 2020 SPCC Site Plan.

Combined Synopsis/Solicitation Notice

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Monthly Inspections of Underground Storage tanks POP: Year 1 - Estimated 12/6/2021 - 12/5/2022

Annual Service Requirements of Underground Storage tanks

Unscheduled Repairs - Results found from inspection

Emergency Fuel Removal Services

Monthly Inspections of Underground Storage tanks POP: Year 2 - Estimated 12/6/2022 - 12/5/2023

Annual Service Requirements of Underground Storage tanks

Unscheduled Repairs- Results found from inspection

Emergency Fuel Removal Services

Monthly Inspections of Underground Storage tanks POP: Year 3 - Estimated 12/6/2023 - 12/5/2024

Annual Service Requirements of Underground Storage tanks

Triennial Service Requirements of Underground Storage tanks

Unscheduled Repairs- Results found from inspection

Emergency Fuel Removal Services

Monthly of Underground Storage tanks POP: Year 4 - Estimated 12/6/2024 - 12/5/2025

Annual Service Requirements of Underground Storage tanks

Unscheduled Repairs- Results found from inspection

Emergency Fuel Removal Services

Monthly Inspections of Underground Storage tanks POP: Year 5 - Estimated 12/6/2025 - 12/5/2026

Annual Service Requirements of Underground Storage tanks

Unscheduled Repairs- Results found from inspection

Emergency Fuel Removal Services

A.2 DELIVERY SCHEDULE

3900 Woodland Ave Philadelphia, PA 19104 4551

USA

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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Performance Work Statement (PWS)

Underground Storage Tank Inspection & Testing Services

1.0 Purpose:

1.1 The scope of work is designed to ensure the Corporal Michael J. Crescenz VA Medical Center compliance with all federal, state, and local inspection and service requirements associated with the facilities’ underground storage tanks. This will include the completion of all inspection and service requirements that are required monthly, annually, and triennially throughout the period of performance and all option years. All underground storage tanks are located at the following facilities:

1.1.1 CMCVAMC facility.

1.1.1.1 Main Hospital

3900 Woodland Avenue Philadelphia, PA 19104

1.1.1.2 Community Living Center

3461 Civic Center Blvd Philadelphia PA 19104

1.2 This service is required to comply with several inspection requirements set forth by the State of Pennsylvania, the Pennsylvania Department of Environmental Protection (PADEP) and to ensure the VA complies with Pennsylvania Environmental Regulations for ground water safety and underground storage tank regulations.

1.3 Contractor to provide all employees, testing materials, and equipment required to complete all work.

1.4 Contractor will be responsible for the final submission of all required paperwork and final reports to the COR and submitting all required documentation to the Pennsylvania Department of Environmental Protection.

2.0 General Performance Requirements

2.1 The Contractor shall obtain all necessary licenses, certifications and/or permits required to perform all monthly, annual, and triennial inspection work including but not limited to being a PADEP certified third-party inspector with Inspection of Underground Storage Systems or IUM certification as per 25 PA Code 245.411, the Storage Tank and Spill Prevention Act.

2.2 Contractor shall provide all labor, materials, tools, and test instruments required to inspect, test, and certify the designated underground storage tanks noted in section 6.1 of this document, in accordance with the Department of Environmental Protection regulations.

2.3 The contractor will provide all required reports and documentation to the VA Medical Center to maintain onsite records and submission to the Pennsylvania Department of Environmental Protection within five business days of completion of all site work.

2.4 This scope of work shall include any and all other work required to satisfy all federal, state (PADEP) and local requirements for the monthly, annual, triennial UST inspections of all designated underground storage tanks located at the VA facilities found in the attachments.

2.5 The contractor at the contractor’s expense will obtain all required licenses and certifications required to conduct underground storage tank inspections at the VA including but not limited to those required by the State of Pennsylvania and the City of Philadelphia. The Contractor shall make available upon request to the COR documentation of the company certificates, licenses, and certifications, employee licenses and certifications, training records, and permits required to perform all contractual obligations

2.6 It is the responsibility of the contractor to ensure all employees performing work under the terms and guidelines of this contract are adequately trained to perform all assigned work and maintain all required licenses and certifications to perform all assigned work.

2.7 All parts and materials shall be of the original manufacturer’s design and specification, or equal thereto and approved by the manufacturer.

2.8 Condition of Equipment - Upon contract award, the Contractor accepts "as is" all equipment specified in the contract.

2.8.1 Failure to conduct a facility walk through to confirm facility equipment and needs to complete all service requirements prior to contract award will not relieve the Contractor from performing services/repairs in accordance with the strict intent and meaning of the specifications at no additional cost to the CMCVAMC. Offerors should inspect the premises prior to submitting their offers in order to be fully aware of all facility UST equipment and what is required to complete all service requirements set forth in this contract.

2.9 The Contractor shall ensure that the areas they perform work are kept clean and free from dirt and debris including all spill buckets, sumps, and other maintenance access points/hatches. Contractor shall clean and vacuum as required to meet these conditions. Work areas will be inspected by the COR or other facility personnel routinely.

3.0 Work to be Accomplished: These monthly, annual, and triennial underground storage tank inspections should include an inspection of all components of the underground storage tank system for functionality and operability including all release detection equipment, sensors and all other electronic and mechanical components in order to maintain compliance regulations and guidelines set forth by PADEP, the Environmental Protection Agency (EPA), and the City of Philadelphia.

3.1 Monthly Service Requirements

3.1.1 Check all spill prevention equipment and containment sumps for liquid, debris, and damage.

3.1.1.1 All liquid product, fuel, or debris found are to be removed by the contractor.

3.1.1.2 A check for water in petroleum tanks shall be performed monthly and excess water shall be promptly removed as necessary. Water may not exceed the tank manufacturer’s recommendations, product supplier’s guidelines, or 2 inches of accumulation in the bottom of the tank, whichever is less. No amount of water is desirable in gasoline containing ethanol. Therefore, water should not be allowed to accumulate in tanks containing ethanol. Excess water shall be properly managed in accordance with applicable State and Federal requirements, such as Chapter 299 (relating to storage and transportation of residual waste), 40 CFR Part 261, Subpart B (relating to criteria for identifying the characteristics of hazardous waste and for listing hazardous waste) and 29 CFR Part 1910 (relating to occupational safety and health standards).

3.1.2 Verify all fill caps are properly secured and free of any obstructions.

3.1.3 Review and document all valid release detection records back to the last inspection.

3.1.4 Contractor will complete interstitial monitoring in accordance with §245.444(6) (relating to methods of release detection for tanks) at least once every 30 days.

3.1.5 Check all release detection equipment; such as automatic tank gauges to ensure all are operational and that there are no alarms.

3.2 Annual Service Requirements

3.2.1 The contractor will be responsible for completing and maintaining the facilities’ compliance with the periodic monitoring requirements for petroleum underground storage tank systems, Pa Code 245.442 including but not limited to:

3.2.1.1 Piping. Underground piping that routinely contains regulated substances shall be monitored for releases in a manner that meets one of the following requirements:

3.2.1.1.1 Pressurized piping. Underground piping that conveys regulated substances under pressure shall meet the following requirements:

3.2.1.1.1.1 Be equipped with an automatic line leak detector in accordance with §245.445(1) (relating to methods of release detection for piping).

3.2.1.1.1.2 Have an annual line tightness test conducted in accordance with §245.445(2) or have monthly monitoring conducted in accordance with §245.445(3).

3.2.1.1.2 Suction piping. Underground piping that conveys regulated substances under suction shall either have a line tightness test conducted at least every 3 years and in accordance with §245.445(2), or use a monthly monitoring method conducted in accordance with §245.445(3). Release detection is not required for suction piping that is designed and constructed to meet the following standards:

3.2.1.1.2.1 The below grade piping operates at less than atmospheric pressure.

3.2.1.1.2.2 The below grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released.

3.2.1.1.2.3 No more than one check valve is included in each suction line.

3.2.1.1.2.4 Check valves are located directly below and as close as practical to or within the suction pump.

3.2.1.1.2.5 A method is provided that allows compliance with clauses (3.2.1.1.2.2)(3.2.1.1.1.4) to be readily determined.

3 Comment by Smith, Jennifer L.: Please fix numbering

3.1 3.2 3.2.1

3.2.2 Check all containment sumps for damage and remove any liquid or debris found. Report all observed damage to contract officer representative (COR).

3.2.3 Verify operability of handheld release detection equipment such as tank gauge sticks or groundwater bailers. Report findings to COR.

3.2.4 Supply an appropriately DEP certified individual to test all electronic and mechanical components of the release detection equipment. Report findings to COR.

3.2.5 Electronic and mechanical components of release detection equipment shall be tested for proper operation at least annually. Report findings to COR. At a minimum, required tests, as applicable to the facility, shall cover all of the following components and criteria:

3.2.5.1 Automatic tank gauges and other controllers must be tested by:

3.2.5.1.1 Testing alarm.

3.2.5.1.2 Verifying system configuration.

3.2.5.1.3 Testing battery backup.

3.2.5.2 Probes and sensors shall be tested by:

3.2.5.2.1 Inspecting for residual buildup.

3.2.5.2.2 Ensuring that floats move freely.

3.2.5.2.3 Ensuring the shaft is not damaged.

3.2.5.2.4 Ensuring cables are free of kinks and breaks.

3.2.5.2.5 Testing alarm operability or running condition and communication with controller.

3.2.5.3 Automatic line leak detectors shall be tested to meet criteria in §245.445 (relating to methods of release detection for piping) by simulating a leak. Report findings to COR.

3.2.5.4 Vacuum pumps and pressure gauges shall be tested to ensure proper communication with sensors and controller. Report findings to COR.

3.2.5.5 Handheld electronic sampling equipment associated with groundwater and vapor monitoring shall be tested to ensure proper operation. Report findings to COR.

3.2.6 Annual Walk Through Inspection as required by PADEP regulations

3.2.7 Annual Tank Monitor Inspection as required by PADEP regulations

3.3 Triennial Service Requirements

3.3.1 The contractor will conduct the required triennial Facility Operations Inspection (FOI) for the designated underground storage tanks located at the CMCVAMC in compliance with all applicable regulations.

3.3.2 Check all spill prevention equipment including containment sumps for damage and remove any liquid or debris found in them.

3.3.3 Ensure that all fill caps are tight, and that no obstructions are present.

3.3.4 Inspect, service, and test all release detection equipment for operability and serviceability to include all electronic and mechanical components.

3.3.5 Test all overfill prevention devices, spill prevention equipment, and all product piping containment sumps used for interstitial monitoring.

3.3.6 3-year Cathodic Protection Survey (if required for individual UST system). Underground storage tank systems equipped with cathodic protection systems shall be tested for proper operation by a qualified cathodic protection tester in accordance with the following requirements:

3.3.6.1 Frequency. Cathodic protection systems shall be tested within 6 months of installation and at least every 3 years thereafter.

3.3.7 Underground storage tank systems with impressed current cathodic protection systems shall be checked every 60 days to ensure the equipment is functioning as designed. At a minimum, the operator or person conducting the 60-day check shall document the date checked, annotate the system’s functioning status, and for systems equipped with a direct current readout meter, record the amount of current indicated on the meter.

3.3.8 Overfill prevention equipment shall be evaluated at least once every 3 years. At a minimum, the evaluation shall ensure that overfill prevention equipment is set to activate at the correct level specified in §245.421(b)(3) (relating to performance standards for underground storage tank systems) and must activate when the regulated substance stored reaches that level.

3.3.9 3-Year Spill bucket testing

3.3.10 Hydrostatic testing of all spill buckets and tank sumps

3.3.11 Containment Sump Testing

3.3.11.1 Containment sumps used for interstitial monitoring of piping in accordance with §245.444(6) (relating to methods of release detection for tanks) and spill prevention equipment must meet one of the following:

3.3.11.1.1 When the containment sump or spill prevention equipment is double-walled, the integrity of both walls shall be periodically monitored by maintenance walkthrough inspections as required under §245.438 (relating to periodic operation and maintenance walkthrough inspections). If walkthrough inspections are discontinued, the owner and operator shall comply with subparagraph (ii) and conduct a test within 30 days of the last inspection.

3.3.11.1.2 Containment sumps and spill prevention equipment shall be tested at least once every 3 years to ensure the equipment is liquid-tight by using vacuum, pressure or liquid.

3.4 Miscellaneous

3.4.1 Tanks which have been lined and have not had corrosion protection added in accordance with §245.422(b)(2) (relating to upgrading of existing underground storage tank systems) shall have the lining evaluated by, or under the direct onsite supervision of, a TL certified tank installer or by a professional engineer.

3.4.1.1 Evaluations must adhere to an evaluation process developed by a National association identified in §245.405 (relating to codes and standards) (See API 1631 and NLPA 631) as follows:

3.4.1.1.1 Ten years after lining installation.

3.4.1.1.2 Every 5 years after the preceding evaluation.

3.4.1.2 Each evaluation finding shall be documented on a form approved by the Department and shall be maintained at the facility for the duration of the tank’s operating life.

3.4.2 Lined tank systems that do not meet original design specifications or have not been evaluated as required in subsection (3.3.14)(1) and (2) shall be emptied, removed from service and permanently closed in accordance with §245.451 (relating to temporary removal from service (out-of-service)) and §245.452.

3.4.3 Any and all other work required to satisfy all federal, state and local requirements associated with the monthly, annual, and triennial UST inspection requirements of all designated underground storage tanks located at the CMCVAMC facility.

3.5 If any inspection reveals the presence of product or fuel associated with VA underground storage tank is found in a containment sump, interstitial space, or any other area that could indicate a leak in the UST system the inspector must immediately notify the facilities designated person.

3.6 If any inspection reveals any damaged UST components, UST leaks or anything else that may impact the operability and functionality of the UST system the inspector must immediately notify the facilities designated person.

3.7 All inspections and tests will be conducted by an appropriately trained, certified, and/or licensed individual who will be responsible for the documentation and submission of all findings.

3.8 All annual service requirements are to be conducted during the 12th month of the contract start date unless otherwise notified by the contract officer representative.

3.9 Contractor will develop forms and report template that is compliant with PADEP requirements to document all monthly, annual, triennial inspections and repairs. All inspection and repair documentation is to be provided to the VA contract officer representative in both hard-copy and electronic form within five business days after the work is completed. Contractor will also submit all required documentation to PADEP as required by state law within five business days.

3.10 The contractor is required maintain records for all underground storage tank inspections for a period of 5 years.

4.0 Other Requirements

4.1 All travel costs associated with the performance of this contract are the responsibility of the Contractor and are provided at no additional cost to the Government as part of this contract.

4.1.1 Travel costs are defined as but are not limited to time and vehicle costs for personnel in travel to and from job site for all duties outlined in this specification, normal shipping charges on any parts or materials covered by this contract, costs associated with the normal shipping of parts or equipment out for repair that are covered under this contract, etc.

4.2 Contractor will instruct all personnel that will complete work onsite to check in with COR or the CORs designee at the CMCVAMC upon arrival and departure from the facility.

4.3 Safety

4.3.1 The Contractor shall adhere to all OSHA, EPA, NFPA Life Safety Codes, and all other regulatory requirements.

4.3.2 In performance of this contract, the Contractor shall follow Medical Center safety policies and standards for safe work practices and take such safety precautions as the Safety Officer or designee may determine to be reasonably necessary to protect the lives and health of occupants of the building.

4.3.2.1 Contractor is responsible for the supervision of all the employees while on government property.

4.3.2.2 It is the Contractor’s responsibility to assure compliance with the scope of work and requirements referenced in this contract.

4.3.2.3 Provisions provided in the scope of work are not intended to relieve the Contractor of this responsibility.

4.3.3 VA Medical centers are non-smoking facilities and therefore the contractor shall comply with these requirements.

4.3.4 The Contractor shall submit to the Contracting Officer Representative the Safety Data Sheets (SDS) for all potentially hazardous materials (lubricants, cleaners, working fluids, etc.) to be used in the facility in performance of the contract prior to bringing such materials onsite. The contractor will not use, in the facility, such materials which have not been so cleared in advance with the VA under any circumstances.

4.3.4.1 The Contractor shall maintain a copy of all SDS at the chemical storage site in a location accessible to VA personnel to assure compliance with all laws and requirements regarding the “Right to Know” law.

4.3.5 The Contractor is responsible to identify, provide and maintain all personal protective equipment required to perform the duties outlined in the contract.

4.3.5.1 In addition, the Contractor is responsible for identifying and providing all applicable safety programs (i.e. lockout/tag out, confined space entry, universal precautions, etc.) required performing the work.

4.3.5.1.1 Training on required safety programs and the proper use of PPE’s shall be provided, and documentation maintained by the Contractor.

4.4 Emergency Telephone Numbers

4.4.1 The Contractor shall provide to each COR cellular numbers, in order to summon assistance in case an emergency develops. This information shall be provided in writing to the COR, prior to the contract start date.

4.5 Injury or Accident: Contractor shall submit to COR a written report to the VA within five work (5) days of any incident of a major malfunction, accident or injury.

4.5.1 The report shall state the cause, what and when repairs and tests were or are to be made to correct the cause of the incident.

4.6 Hours of work

4.6.1 Work required in the performance of this contract shall be conducted during regular business 7:30 AM and 5:00 PM scheduled in advance with the Corporal Michael J. Crescenz VA Medical Center COR.

4.6.2 Maintenance requiring equipment operational "shut-down" will be performed during non-administrative working hours unless otherwise authorized in writing by the COR or designee.

4.6.3 Prior to commencement and after completion of any work, including Inspections, as required in this contract, during both normal and after duty hours, the Contractor shall report to COR or designee (5 business days in advance) describing work to be performed, duration, and impact to VA equipment.

5.0 Qualification of Contractor Employees

5.1 The contractor agrees to utilize responsible, capable certified, employees (as outlined in Certifications and Qualifications of Inspectors) in the performance of any task associated with this scope of work.

5.1.1 The contractor may be asked to remove persons who pose a threat to health, safety, or security of an installation.

5.2 Supervision - The Contractor is required to submit certification of completion of OSHA 30 training certificate.

5.2.1 The Contractor or their on-site supervisors shall always be available when the contract work is in progress to receive notices, reports, or request from the Contracting Officer or the COR.

6.0 AttachmentsList of Tanks

6.1 List of Underground Storage Tanks

7.0 Emergency and Additional Work

7.1 Emergency Fuel Removal Services: Contractor will shall provide a written price quoteing to remove and clean up fuel spills, as requested by nd send to the COR and CO for review. Upon approval of this written price quote from the CO and COR, a Task Order will be issued under this contract only if the price can be determined fair and reasonable by the CO to take care of the emergency fuel removal service. If the written price quote cannot be determined fair and reasonable by the CO, then the CO may seek pricing from other contractors to complete the work. No work shall be completed or invoiced under this section 7.1 until a fully executed Task Order is in place under the CLIN(s) listed below in this section, 7.1. This will include the removal of all fuel from the UST sumps and secondary containments as well as the cleanup of other small fuel spills. Contractor will be required to respond if requestedprovide a written price quote within 24 hours of notification of the emergency. CLINs 0004,1004,2005,3004, and 4004 apply to this.

7.2 Contractor will provide general repair services for all UST’s included in this scope of work. This will only include minor repairs including but not limited to sensor replacement, sump repair, reprogramming leak detection equipment and computers as requested by COR, general troubleshooting and diagnosis of UST equipment, and other general repairs. Contractor shall provide a written price quote for theses repairs. Upon approval of this written price quote from the CO and COR, a Task Order will be issued under this contract only if the price can be determined fair and reasonable by the CO to make these repairs. If the written price quote cannot be determined fair and reasonable by the CO, then the CO may seek pricing from other contractors to complete the work. No work shall be completed or invoiced under this section 7.2 until a fully executed Task Order is in place under the CLIN(s) listed below in this section, 7.2 CLINs not to exceed 10,000.0003, 1003, 2004, 3003, and 4003 apply to this.

Attachment 6.1 List of Underground Storage Tanks

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS 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.1 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; 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.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.3 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (SEP 2021)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (JAN 2021) of 52.225-3.

[] (iii) Alternate II (JAN 2021) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.