36C24422Q0138_1.docx

36C24422Q0138

GENERAL INFORMATION

Network Contracting Office 4 Services 1 1010 Delafield Road

POINT OF CONTACT*

Contract Specialist Jud Kale judson.kale@va.gov

PLACE OF PERFORMANCE

Butler VAMC

325 New Castle Road

Butler 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 36C24422Q0138.

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 Set Aside for SDVOSB. The NAICS Code is 238220 – Plumbing, Heating, and Air-Conditioning Contractors and the business size standard is $16.5 million. The FSC is J045 Maintenance, Repair, and Rebuilding of Equipment- Plumbing, Heating, and Waste Disposal Equipment.

The Pittsburgh, PA Contracting Office is seeking to purchase services for Boiler Inspections and Tuning located at the Veterans Affairs Medical Center in Butler, PA. The Statement of Work (SOW) is provided in the attachment.

Service Contract Act Wage Determination No. 2015-4235 Rev 17 DTD 10-20-2021, 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 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.

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 6 December 2021 @10 AM.

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

Combined Synopsis/Solicitation Notice

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Boiler Inspection and Tuning IAW the SOW.

Estimated POP: 1/5/2022 - 1/4/2023 Contract Period: Base POP Begin:

POP End:

Boiler Inspection and Tuning IAW the SOW.

Estimated POP: 1/5/2023 - 1/4/2024 Contract Period: Option 1

Boiler Inspection and Tuning IAW the SOW.

Estimated POP: 1/5/2024 - 1/4/2025 Contract Period: Option 2

Boiler Inspection and Tuning IAW the SOW.

Estimated POP: 1/5/2025 - 1/4/2026 Contract Period: Option 3

Boiler Inspection and Tuning IAW the SOW.

Estimated POP: 1/5/2026 - 1/4/2027 Contract Period: Option 4

A.2 DELIVERY SCHEDULE

Butler VAMC 325 New Castle Road Butler, PA 16001 2418

USA

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Butler VAMC 325 New Castle Road Butler, PA 16001 2418

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Butler VAMC 325 New Castle Road Butler, PA 16001 2418

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Butler VAMC 325 New Castle Road Butler, PA 16001 2418

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Butler VAMC 325 New Castle Road Butler, PA 16001 2418

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Page 1 of VA Butler Healthcare Boiler Operations Inspection and Tuning

STATEMENT OF WORK

Inspection, Calibration, Testing and Tuning of Boiler burner management system and associated components, Inspection of Feedwater-Deaerators, Domestic hot water heaters.

1. Introduction:

A. Boiler plant safety, reliability, efficiency and equipment longevity are paramount concerns of VA Butler’s management. Boilers and feedwater deaerators are pressurized devices containing steam and hot water. They can fail catastrophically causing injuries and death and massive property damage. Regular inspections by experts are an essential part of a program to address these concerns.

B. This “Statement of Work” describes the requirements for inspection, calibration, combustion tuning and report submission of (3) water tube boilers, (8) hydronic boilers, (2) deaerators, multiple safety relief valves, domestic hot water heaters at VA Butler Healthcare, 325 new Castle Road, Butler PA.

C. At least two weeks’ notice to VAMC is required prior to an inspection. Also, the inspections must be scheduled for periods when VAMC determines that the boilers that will be inspected internally will not be needed for steam supply and when the Contracting Officer’s Representative (COR) or his/her designate is available on site to monitor the inspections. To maintain steam service, typically only one boiler at a time will be scheduled for internal inspections per inspection visit, therefore multiple site visits shall be scheduled with notice to complete this scope of work and maintain steam service. This contract shall be awarded base with four option years.

D. The COR is: Nathan Dovey 724-282-5619.

E. Boilers scheduled for internal inspection will be prepared for the inspection by VAMC prior to the scheduled arrival of the inspector. This includes cooling the boilers to near ambient temperature and having all manways, handholes and furnace access doors open; the boilers cleaned of loose materials waterside and fireside; electrical “lock-out, tag-out” in place; connecting piping isolated; proper illumination provided; compliance with “confined space” access requirements including having rescue personnel available during confined space entry. Similar advance preparations will be made to the feedwater deaerator when it is scheduled for internal inspection.

F. VAMC will comply with any other requirements of the inspector that are considered reasonable by VAMC and have been presented in writing at least two weeks prior to the scheduled inspection.

2. Work Required:

A. Annual internal inspections, external inspections, combustion tuning and calibration, Relief valve service & testing safety device testing per attached. shall be per VA and manufacturer’s recommendations for:

(3) water tube boilers:

· Boiler #1

· Boiler #3

· Boiler #4

(8) hydronic boilers:

· CLC #1,2,3,4,5,6

· DOM #1 &3

(2) DE aerators

· Large DA

· Summer DA Domestic gas fired hot water heaters (7 units) Model NPE240A

Safety Relief valves

· Steam PRV station safety valves

· Steam PRV station safety valves

· Oil pump relief valves

· Large DA tank Safety Relief valve

· Building 46 Safety relief valve

· Building 8 Safety relief valve

· Small DA tank safety relief valves (2)

· Boiler 1 Economizer relief valves (2)

· Boiler 1 Relief valves (2)

· Boiler 3 relief valves (2)

· Boiler 4 Relief valves (2) (remove and replace) at VA Butler Healthcare, 325 New Castle Road, Butler PA. /

B. Summary requirements for Vessel Deaerator NDT weld test/ inspections for FY2025 only.

1. Feedwater deaerator pressure vessel inspections must be scheduled during periods of low steam demand.

2. Coordinate the inspection schedule with the COR so that VAMC can prepare the boilers and feedwater deaerator for the inspections in advance and have personnel available to monitor the inspections.

3. The boiler and feedwater deaerator inspections shall comply with the guidelines in the current issue of the NATIONAL BOARD INSPECTION CODE, Part RB, In service Inspection of Pressure-Retaining Items, and ASME Boiler and Pressure Vessel Code, Section VI or VII as applicable. In addition to those guidelines, the inspections shall comply with all VAMC requirements as listed in this document.

4. The inspector must completely enter the internal spaces of the boiler or feedwater deaerator and visually inspect all internal surfaces that can be accessed. Confined space entry person, attendant and equipment is responsibility of the contractor. Health safety plan and confined space entry training certificates must be submitted for approval.

C. Summary of the minimum inspection requirements for hydronic boilers:

1. Using the control panel, enter the information mode and scroll down to view the flame signal. When the boiler is firing, the signal will be “yes” and when the boiler is not firing, the signal will be “no”.

2. Test high-limit control by reducing setting below the operating temperature. Burner should shut off. After readjusting the thermostat, press the button to reset the switch.

3. Test operating temperature control by reducing temperature setting as necessary to check burner operation.

4. Check flue gas temperature at outlet. If there is a temperature increase over previous readings, the probable cause is soot or water-scale build- up on the tubes.

5. Test the water flow switch by trying to restart boiler with the system pump off. The boiler should not operate and the control should display LOW FLOW/ILK.

6. Test low gas pressure switch and high gas pressure switch utilizing the procedure in sections 3.11.4 & 3.11.5. The boiler should fail to start and the control should display LOW GAS or HIGH GAS

7. Inspect and clean the inlet screen of any accumulated dust or lint.

8. The relief valve should be tested as per manufacturer’s instructions or every two months by lifting the lever for 5 seconds and allowing the valve to snap shut. Please see the manufacturer’s recommendations on the relief valve tag.

9. Inspect burner and ignition system. Wash the burner (do not scrub or use wire brush) to remove any soot or foreign material that may have accumulated. See Section 5.2 on "Cleaning the Burner." Check the burner and its parts. If there is evidence of deterioration or corrosion, replace immediately.

10. Inspect combustion chamber. To access the heat exchanger, remove the front door and the front inner wrapper. Note any signs of deterioration. Examine the gasket and replace if necessary.

11. Inspect and clean heat exchanger. Wash the copper tubes with water and non corrosive soap. Be sure to rinse thoroughly. Green scale on the tubes indicates that the boiler is condensing which is detrimental to boiler life. Perform corrective action as necessary.

12. Examine the venting system.

a. Check all joints and pipe connections for tightness.

b. Check vent for corrosion or deterioration. If any venting needs replacing, do so immediately.

13. Inspect heating system for other problems.

14. Perform combustion analysis and adjust if necessary (See 3.12.3).

15. Leak test gas valves.

D. Summary of the minimum inspection requirements for steam boilers:

1) Review the boiler history including: operating conditions, date of last inspection, current inspection certificate, ASME stamping on boiler, National Board registration number, history of repairs and modifications. Review boiler logs, water test reports, and reports on tests performed on the burner controls and interlocks.

2) Assess the external parts of the boilers and boiler accessories and piping and valves for safety, accessibility, proper maintenance and operation, cleanliness, and compliance with codes.

3) Inspect for evidence of leakage of combustion gases or fluids, externally and internally, including all gaskets.

4) Inspect foundations for signs of stress such as cracking or movement.

5) Inspect boilers externally and internally for defects including bulges, blisters, cracks, wasted or eroded material, warping, general corrosion, grooving and pitting, damaged insulation.

6) Inspect all accessible internal surfaces for waterside and fireside deposits, including scaling, sediment, debris, carbon deposits.

7) Examine all stays and stayed plates.

8) Inspect gas side baffles.

9) Inspect internal drum surfaces and steam separating internals.

10) Inspect soot blowers and verify proper alignment.

11) Inspect tubes, tube ends and tube alignment. Check for sagging tubes.

12) Verify that all nozzles of internal piping such as feedwater admission and bottom blowoff collection are clear with no obstructions.

13) Inspect seating surfaces of manways and handholes.

14) Check that boiler structure is plumb and level with no excessive deformations.

15) Check for missing items such as bolts and nuts.

16) Examine all valve and pipe connections to the pressure vessel.

17) Inspect refractory including burner throat, expansion joint, bull ring, furnace seals, furnace walls and floor. Separate report to be provided on each boiler.

18) Verify proper alignment of burner assembly.

19) Inspect furnace for evidence of flame impingement.

20) Test operation of water level gage glass.

21) Perform mechanical and electrical inspection of disassembled low water cutouts (disassembly by VA). After reinstallation, test operation to the extent possible. Test low water cutouts on hot boilers by lowering water level gradually.

22) Verify that steam pressure gage has been calibrated by VA within the inspection year.

23) Test operation of high steam pressure cutouts on hot boilers by raising steam pressure.

24) Inspect safety valve installations and verify that the valves have proper capacity and set pressure and valves, drains and vents are properly installed. Verify that valve locking seals are not broken.

25) Inspect piping connected to the boilers for evidence of leakage, provision for expansion, provision of adequate support, proper alignment, evidence of detrimental conditions.

26) Inspect piping to the water column, low water cutoffs and alarms, gage glass. Verify that interior of piping is clear of obstructions.

27) Inspect valves on boiler feedwater, blowdown, drain and steam systems.

28) Provide recommendations for non-destructive testing when the inspections indicate that this is necessary to assure continued safety and reliability under current operating conditions.

29) Perform BEI safety device testing per latest edition once annually.

E. Summary of the minimum inspection requirements for feedwater DEaerators:

1) Review the feedwater deaerator history including: operating conditions, date of last inspection, current inspection certificate, ASME stamping, National Board registration number, materials of construction, extent of post-weld heat treatment, history of repairs and modifications.

2) Assess the external parts of the feedwater deaerator and accessories and piping for safety, accessibility, cleanliness. Proper operation, and compliance with codes.

3) Inspect for evidence of leakage.

4) Note feedwater deaerator pressure gage and thermometer readings and verify gage and thermometer accuracy.

5) Inspect safety valve installation and verify that the valves have proper set pressure and capacity and are properly installed. Perform an operation test under pressure to confirm operation at proper set pressures. Verify that the deaerator can safety withstand the test pressure prior to testing the valve(s) in-situ.

6) Verify that non-condensable gas vent line is open and proper orifice is provided to permit venting of gases.

7) Inspect support structures for proper integrity and allowance for thermal expansion.

8) Internal inspections for feed water deaerators, (large and summer) (6 year intervals unless otherwise recommended because of welding repairs): To be completed in 2025.

a. Visually inspect all visible pressure vessel surfaces for corrosion, material thinning, deposits, and weld cracking.

b. Inspect spray nozzles and trays.

c. Certified American Society for Non-Destructive Testing (ASNT) Level II technicians shall perform non-destructive tests using the wet fluorescent magnetic particle (WFMT), ultrasonic testing (UT), and any other necessary non-destructive tests.

d. Completely examine all accessible welds utilizing the WFMT test method. Properly prepare the surfaces before testing.

e. Determine pressure vessel material thickness by ultrasonic testing (UT). Thickness measurement locations shall be selected by dividing the storage tank heads into quadrants and taking measurements at each quadrant on two imaginary rings in each head (eight measurements total) . Measurement locations on the shell shall be on each of the quadrants, on four to six locations along the length of the shell (16 to 24 measurements total). The technician may recommend fewer or more tests to the owner, providing justification.

f. Typically, the pressure vessel section containing the deaerator trays and sprays is not accessible for non-destructive testing. The experience is that this section, which is mainly exposed to steam, is less vulnerable to weld failures and material thinning than the storage section which contains condensate and make-up water.

g. Calculate maximum allowable working pressure rating of vessel based on thickness measurements. Calculate depletion rate of material thickness.

F. Summary minimum requirements for Combustion tuning of boilers.

1. Complete combustion tuning and data logging at all points on combustion curve per attached spreadsheet, “Contracted services inspection forms” for three (3) dual fuel steam boilers operating nexus burner management system on fuel oil and gas. Readings to include:

· AIR

· Oil

· Sle

· FGR

· O2 Nex

· O2 Anl

· CO

· Nox

· Head

· Efficiency

· Stack Temp

· Oil Supply

· Oil Pump

· Oil Return

2. Complete combustion tuning and data logging at high and low firing rate per attached spreadsheet, “Contracted services inspection forms” for six (6) CLC Phase 1 and 2 and two (2) Dom building 21 hydronic boilers. Readings to include:

· O2

· CO2

· CO raw

· CO air free

· Nox raw

· NOX 3%

· Efficiency

· Stack Temp

· Draft

· Excess Air

· Ambient temp

· Supply gas pressure

· Manifold pressure

· Furnace Pressure

· Gas flow

· Lift safety pressure safety devices, visual inspect for leaks and reseat.

3. Compete run time logging and notes for recommended maintenance improvements based on overall inspection and tuning.

G. Report Requirements:

1. Provide complete written report fully describing all inspections and tests performed, findings, and recommendations. The condition of all items inspected shall be stated whether acceptable or deficient. All deficiencies shall be fully described along with recommendations for methods of correction. Utilize National Board Forms NB-6 and NB-7, or other similar forms acceptable to owner.

2. Provide sketches and photographs as necessary and as requested by owner to show areas identified as not acceptable for continued service or requiring repair.

3. Include test data and calculations. Show locations and extent of all non-destructive testing by sketches.

4. All safety-related deficiencies shall be immediately reported to the COTR during the inspection visit.

5. Provide recommendations on need for re-inspections after correction of deficiencies. Cost of re-inspections shall be extra cost negotiated with VA Contracting Officer.

6. All inspection, calibration and performance data shall be submitted in (2copies) 3 ring binders complete with year and facility labeled on spine, to include:

H. VA equipment Calibration:

Annual certified calibration of the following VA owned equipment shall be calibrated and test forms shall be submitted.

I. (omitted)

J. Onsite service: Bid to include three 8 hour onsite service technician days.

K. Technical Acceptance / Qualifications:

Non-destructive testing qualifications:

1. Non-destructive testing of feedwater deaerator pressure vessels shall be performed by certified non-destructive testing technicians under the guidance of the Qualified Professional Inspector:

(a) boiler inspector who has a valid commission from the National Board of Boiler and Pressure Vessel Inspectors (NB).(b) A boiler inspector who has qualified by passing a written examination under the laws, rules and regulations of a jurisdiction of a state.(c) A boiler inspector who is regularly employed as a boiler inspector by a jurisdiction which has adopted and administers one or more sections of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code as a legal requirement, and has a representative serving as a member of the ASME Conference Committee.(d) A boiler inspector who is regularly employed by an insurance company which has been licensed or registered by the appropriate authority of a State of the United States to write boiler or pressure vessel insurance.

2. The technicians shall be certified as being qualified Level II technicians in the non-destructive testing methods to be utilized. The certification shall be in accordance with the requirements of the American Society for Non-Destructive Testing (ASNT).

Combustion tuning qualifications:

3. Combustion tuning shall be performed by a technician factory authorized & trained by the equipment manufacturer.

4. Manufacturers certificates of training shall be submitted on the following items:

· Weishaupt burners

· Fireye Nexus control systems

· RBI-Futera hydronic boilers

5. Must have access to licensed Fireye/Nexus software, technical support and employ authorized trained technicians in the Nexus operation of parallel position Combustion Control systems with VSD blowers.

6. Must have minimum of 4 years’ experience with parallel position combustion controls.

7. Must furnish training certificates for:

Fireeye Nexus Controls Weishaupht burners and tuning ASME certification

24 hour emergency service capability with 2 hour on-site availability.

Health & Safety

8. OSHA 30 for site supervisor and OSHA 10 training certificates for all other personell and submission of a Health safety plan that includes confined space entry plan shall be pre-approved by VA.

L. Period of Performance:

1. All work shall be complete by end of calendar year of contract. Schedule shall be submitted for approval 30 days after award of contract. VA COTR shall modify schedule as needed to maintain N+1 boiler redundancy to maintain medical center operations without charge.

2. Base year: award date through 1 year.

M. Attachments

1. 5th Edition Boiler safety device testing.

2. 5th Edition Hot water Boiler safety device testing.

3. Internals, safeties and Combustion tuning spreadsheet

Statement of Work - Inspection of Boilers, Feedwater Deaerators

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 52.252-2 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)

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 ; 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 852.212-70 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.

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

[] 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.

[X] 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.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.5 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] [] (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)).

[X] (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. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

(End of Addendum to 52.212-4)

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (SEP 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation.