36C24425Q0953_1.docx

36C24425Q0953

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

460-26-1-5084-0007 36C24425Q0953 09-22-2025 Jennifer Beiswenger 814-932-6914 10-10-2025

12:00 PM

EDT

36C244 Department of Veterans Affairs Network Contracting Office 4 Services 2 2907 Pleasant Valley Blvd Altoona PA 16602 X X 238220 $19 Million N/A X 36C460 Wilmington VAMC 1601 Kirkwood Hwy Wilmington DE 19801 36C244 Department of Veterans Affairs Network Contracting Office 4 Services 2 2907 Pleasant Valley Blvd Altoona PA 16602

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page Boiler and Chiller Chemical Water Treatment

SEE STATEMENT OF WORK AND SECTION B FOR COMPLETE DETAILS AND

SERVICES REQUESTED

Instructions to Offers:

LATE QUOTES MAY NOT BE ACCEPTED.

QUOTES ARE DUE NO LATER THAN 12:00 PM EST ON Friday, October 10, 2025.

QUOTES SHOULD BE SUBMITTED VIA EMAIL TO CONTRACT SPECIALIST

JENNIFER BEISWENGER AT jennifer.beiswenger@va.gov Please be advised that all submissions must include signed copy of SF1449.

See CONTINUATION Page X X X Loretta Payne Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: To Be Determined

b. GOVERNMENT: Contracting Officer 36C244 Jennifer Beiswenger Department of Veterans Affairs Network Contracting Office 4 Services 2 2907 Pleasant Valley Blvd Altoona PA 16602

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Complete Water Treatment Program Services IAW the SOW (Includes Annual Water System Analysis) PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J068 - Maintenance, Repair, and Rebuilding of Equipment - Chemicals and Chemical Products

Semi-Annual Water Treatment Program Training IAW the SOW

PRODUCT/SERVICE CODE: J068 - Maintenance, Repair, and Rebuilding of Equipment - Chemicals and Chemical Products

Complete Water Treatment Program Services IAW the SOW

PRODUCT/SERVICE CODE: J068 - Maintenance, Repair, and Rebuilding of Equipment - Chemicals and Chemical Products

Semi-Annual Water Treatment Program Training IAW the SOW

PRODUCT/SERVICE CODE: J068 - Maintenance, Repair, and Rebuilding of Equipment - Chemicals and Chemical Products

Complete Water Treatment Program Services IAW the SOW

PRODUCT/SERVICE CODE: J068 - Maintenance, Repair, and Rebuilding of Equipment - Chemicals and Chemical Products

Semi-Annual Water Treatment Program Training IAW the SOW

PRODUCT/SERVICE CODE: J068 - Maintenance, Repair, and Rebuilding of Equipment - Chemicals and Chemical Products

Complete Water Treatment Program Services IAW the SOW

PRODUCT/SERVICE CODE: J068 - Maintenance, Repair, and Rebuilding of Equipment - Chemicals and Chemical Products

Semi-Annual Water Treatment Program Training IAW the SOW

PRODUCT/SERVICE CODE: J068 - Maintenance, Repair, and Rebuilding of Equipment - Chemicals and Chemical Products

Complete Water Treatment Program Services IAW the SOW

PRODUCT/SERVICE CODE: J068 - Maintenance, Repair, and Rebuilding of Equipment - Chemicals and Chemical Products

Semi-Annual Water Treatment Program Training IAW the SOW

PRODUCT/SERVICE CODE: J068 - Maintenance, Repair, and Rebuilding of Equipment - Chemicals and Chemical Products

B.3 STATEMENT OF WORK

The contractor shall provide all chemical products and technical expertise necessary for optimum performance of the chilled water system, boiler plant, and associated steam distribution system. Preventative maintenance shall include both scheduled and unscheduled visits as needed, to control scale, corrosion, and microbiological growth in all water systems.

PLACE OF PERFORMANCE:

Wilmington, DE VA Medical Center (VAMC) 1601 Kirkwood Hwy Wilmington, DE 19805 All work shall be performed during the normal working days and hours of the Wilmington, DE VAMC chiller plant and boiler plant. These normal working days are Monday through Friday, excluding national holidays. Normal working hours for the chiller/boiler plant are from 7:00am- 5:00pm. The Wilmington, DE VAMC chiller plant supervisor and technical point of contact (TPOC) will be furnished upon award.

PERIOD OF PERFORMANCE:

Period Of Performance:

Base Year: 11/1/2025 - 10/31/2026 Option Year 1: 11/1/2026 - 10/31/2027 Option Year 2: 11/1/2027 - 10/31/2028 Option Year 3: 11/1/2028 - 10/31/2029 Option Year 4: 11/1/2029 - 10/31/2030 National Holidays: The eleven holidays observed by the Federal Government are: New Year's Day, Martin Luther King's Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Washington's Birthday, Thanksgiving Day, Christmas, any other holiday specifically declared by the President of the United States to be a national holiday.

DESCRIPTION:

The contractor shall provide all the necessary resources to accomplish the deliverables described in this statement of work (SOW), except as may otherwise be specified. The chemical water treatment contractor shall provide all supplies and technical advisory services for proper chemical treatment of the chiller plant and boiler plant water to achieve specified results.

1.0 EQUIPMENT:

The Wilmington DE VAMC has three (3) 300-ton Trane Centrifugal water-cooled chillers and a cooling tower. The approximate chilled water circuit capacity is 7,000 gallons and a condenser water circuit of approximately 6,000 gallons. The yearly average make-up water is approximately 4,000,000 gallons. Boiler Plant: Three (3) Cleaver Brooks Water Tube boilers at 18,000 /hr. and One (1) Cleaver Brooks Fire Tube boiler at 12,000 /hr. Annual Make-up water volume: 4 million gallons. Annual lbs. of steam usage: 65 million pounds of steam.

2.0 CHILLER PLANT AND BOILER PLANT CHEMICALS AND TESTING SUPPLIES

2.1 The contractor shall provide all chemicals, test kits, test reagents, corrosion coupons, transportation, and instructional materials as necessary to comply with all contract requirements. All deliveries shall be to the chiller/boiler plant supervisor or his/her designate.

2.2 Chelant-based chemicals are not permitted.

2.3 All chemicals utilized must conform to FDA guidelines: CFR 21, 173.310, BOILER WATER ADDITIVES PERMITTED IN PLANTS WERE STEAM CONTACTS FOOD. In addition, the chemicals shall conform to all local, state, and federal government regulations on water pollution and have appropriate EPA registration. The VAMC utilizes boiler steam for food preparation and for humidification.

2.4 The contractor shall furnish chemicals that are compatible with piping system components and connected equipment of the central chiller plant.

2.5 System Cleaner: Liquid alkaline compound with emulsifying agents and detergents to remove grease and petroleum products from the central chiller plant.

2.6 Biocide: Chlorine release agents or microbicides.

2.7 Closed-Loop, Water Piping Chemicals: Sequestering agent to reduce deposits and adjust pH, corrosion inhibitors, and conductivity enhancers.

2.8 Open-Loop, Condenser Water Piping Chemicals: Sequestering agent to inhibit scaling, acid to reduce alkalinity and pH, corrosion inhibitor, and biocide.

2.9 The contractor shall furnish on-site chemical storage containers with secondary containment. The contractor shall provide a bulk delivery service which delivers the chemicals directly into the onsite storage containers with no assistance necessary from VA employees other than to provide access.

2.10 All existing chemicals which are suitable for the contract program shall be utilized prior to the use of any new chemicals.

2.11 The contractor shall submit MSDS sheets to the TPOC for all chemicals utilized during the performance of services under this contract. The MSDS sheets shall accompany delivery of the chemicals.

2.12 All chemical containers shall be labeled with complete information on contents and shall be returnable, Containers with missing labels shall be removed from the site. All containers remain the property of the contractor and must be immediately removed from the site when they are no longer needed at the site.

2.13 Electrical Components, Devices, and Accessories must be listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use.

2.14 The contractor shall provide complete chemical water treatment systems for both the closed loop chilled water and the open loop cooling tower water.

2.15 The contractor shall provide chemicals as required to control scale, corrosion, biological fouling, and biological foaming in the central chiller plant.

2.16 The contractor shall coordinate tap and sensor locations with drawings and the water treatment manufacturer’s requirements.

2.17 The contractor shall provide supervision of the water treatment program including on-the-spot analysis of all systems treated with submissions of written reports to the chiller plant supervisor or his/her Technical Point of Contact (TPOC) stating current conditions and recommendations for maintaining optimal controls. This shall be performed monthly.

2.18 The contractor shall repair or replace all chemical lines that might end up being compromised such as pin holes from chemicals.

2.19 The contractor shall repair or replace all check valves that are associated with treatment system if they start failing.

2.20 The contractor to replace or rebuild failing chemical pumps if not working properly.

2.21 The contractor shall establish a layer of magnetic iron oxide (black or dark gray in color) on all steel surfaces as a corrosion barrier.

3.0 PERFORMANCE REQUIREMENTS: CHILLER PLANT

3.1 The contractor shall maintain water quality for Chiller systems that control corrosion and buildup of scale and biological growth for maximum efficiency of installed equipment without posing a hazard to operating personnel or the environment.

3.2 The contractor shall base chemical treatment performance requirements on the quality of water at the Wilmington VAMC Chiller system equipment material and operating personnel capabilities, and the capability of personnel and guidelines of authorities having jurisdiction at the project site.

3.3 Closed System: Maintain system essentially free of scale, corrosion, and fouling to sustain the following water characteristics:

3.4 Conductivity: 1200 to 2500 ohms (nitrite raises system conductivity).

3.5 Acceptable pH: Not less than 7.5 or greater than 8.5 10.0 (except for piping flush and clean step where the pH level is in the alkaline range of 9.5 to 10.5).

3.6 Hardness: < 5 ppm. (when closed loops have soft water make-up water)

3.7 Condenser Water, Medium-to-Large Cooling Tower System: Maintain system essentially free of scale and total suspended solids to sustain the following water characteristics:

3.8 Silica ASTM D 859

3.9 Acidity and Alkalinity ASTM D 1067

3.10 Iron ASTM D 1068

4.0 ON-SITE SERVICE: RELATING TO THE CHILLER PLANT

4.1 The contractor shall provide complete written instructions, supplemented by oral instructions and demonstrations, to chiller plant personnel for their performance of routine water tests and for feeding the chemicals into the systems. The instructions cover all aspects of safe chemical handling and safe and accurate testing, and proper chemical feed quantities and methods to suit the plant operating parameters and water treatment performance requirements.

4.2 As a minimum, the contractor shall perform the following tests monthly for the chiller plant, provide complete written reports with all test results and recommendations, and review reports with the chiller plant supervisor:

4.3 Condensate return systems: pH' hardness, dissolved iron and copper, total dissolved solids (conductivity), amine. Condensate conductivity at a steam trap near the boiler steam outlet. Test the condensate for pH at representative samples of condensate receivers throughout the facility at least twice per year. Vary the sample sites every year.

4.4 Make-up water including soft water, water from dealkalyzer: pH, alkalinity, hardness, total dissolved solids, suspended solids, and silica.

4.5 Continuous blowdown systems: Check calibration and settings monthly.

4.6 The contractor shall visit the plant weekly during the first three months of a new contract.

4.7 After three months, the contractor shall visit the plant monthly, perform tests listed above, and review daily logs of tests performed by chiller plant personnel.

4.8 The contractor shall discuss the test results with the chiller plant supervisor and provide recommendations on treatment methods and consult on chiller plant systems problems as requested.

4.9 The contractor shall send water samples to the laboratory as necessary to resolve problems and questions.

4.10 The contractor shall make additional visits at the request of the chiller plant supervisor to handle problems.

4.11 VA personnel will prepare equipment for inspection.

4.12 The contractor shall test corrosion coupons from condensate lines once per year and provide report. VA personnel will install, remove and deliver the coupons to the water treatment specialist.

4.13 Any deficiencies or problems noted with VA test results or with the water treatment specialist's test results shall be reported immediately to the chiller plant supervisor.

4.14 If problems are found, corrective actions must be recommended immediately, chemicals as necessary provided, and tests performed as necessary to confirm that desired results are achieved.

4.15 VA Chiller Plant Staff Responsibilities: The plant personnel shall perform routine testing for chemical residuals, conductivity, hardness, alkalinity, pH, chloride, silica, iron and copper, and other tests as recommended by the water treatment specialist.

5.0 PERFORMANCE REQUIREMENTS: BOILER PLANT

5.1 Total hardness in feedwater shall be less than one part per million (ppm). The contractor shall advise VA personnel on proper softener and reverse osmosis monitoring and operation,

5.2 Dissolved oxygen in the feedwater shall be 7 parts per billion (ppb) maximum with oxygen scavenger treatment temporarily suspended. If it exceeds 12 ppb, the contractor shall provide a recommendation to the boiler plant supervisor that the deaerator must be inspected and repaired.

5.3 The contractor shall prevent embrittlement of boiler pressure vessels,

5.4 The contractor shall condition the boiler sludge to obtain effective bottom blowoff,

5.5 Boiler residual of sodium sulfite, 30-60 ppm.

5.6 Boiler phosphate residual, 20-40 ppm.

5.7 Total dissolved solids (TDS) in boilers as high as possible, but not to exceed 4000 ppm.

5.8 Total alkalinity in boilers 800 ppm maximum (1/5 x solids TDS).

5.9 Maximum suspended solids in boilers 350 ppm, maximum silica 250 ppm.

5.10 Boiler polymer dispersant residual as recommended by supplier.

5.11 There shall be no "pitting" corrosion.

5.12 There shall be no scale and deposit formation in the boilers.

5.13 Moisture content of the steam shall not exceed one percent. The contractor shall perform condensate conductivity tests at a steam trap near the boiler steam outlet (at a point with no amines) to evaluate the moisture content of the steam. If necessary, utilize an antifoam agent to limit solids carryover in the steam from the boilers and to control boiler priming, foaming, and misting.

5.14 The contractor shall control boiler water chemistry to minimize blowdown and thus improve efficiency.

5.15 The contractor shall provide steam amine treatment to provide condensate pH of 8.0 — 8.5 at each condensate receiver throughout the facility and in the condensate storage tank in the boiler plant. The contractor shall feed the amines into the boilers instead of the steam header in order to achieve even dispersal throughout the distribution.

5.16 Control corrosion rates. Steel corrosion rates shall be less than 2.0 mils per year. Copper corrosion rates shall be less than 0.2 mils per year,

5.17 The contractor shall establish layer of magnetic iron oxide (black or dark gray in color) on all steel surfaces as a corrosion barrier.

6.0 ON-SITE SERVICE: RELATING TO BOILER PLANT

6.1 The contractor shall provide complete written instructions, supplemented by oral instructions and demonstrations, to boiler plant personnel for their performance of routine water tests and for feeding the chemicals into the systems. The instructions cover all aspects of safe chemical handling and safe and accurate testing, and proper chemical feed quantities and methods to suit the plant operating parameters and water treatment performance requirements.

6.2 The contractor shall provide three two-hour training sessions within two months of the start of a new contract. The first session shall be within one week of the start of the contract. The contractor shall provide one two-hour training session every six months after the new contract has been in force for six months.

6.3 As a minimum, the contractor shall perform the following tests monthly for the boiler plant, provide complete written reports with all test results and recommendations, and review reports with boiler plant supervisor:

6.4 Condensate return systems: pH' hardness, dissolved iron and copper, total dissolved solids (conductivity), amine. Condensate conductivity at a steam trap near the boiler steam outlet. Test the condensate for pH at representative samples of condensate receivers throughout the facility at least twice per year. Vary the sample sites every year.

6.5 Make-up water including soft water, water from dealkalyzer: pH, alkalinity, hardness, total dissolved solids, suspended solids, and silica.

6.6 Boiler feedwater: Dissolved oxygen, pH, alkalinity, hardness, total dissolved solids, suspended solids, and silica. Feedwater dissolved oxygen shall be tested twice per year with oxygen scavenger chemical treatment temporarily suspended. so that feedwater deaerator performance can be evaluated.

6.7 Boiler water: Total dissolved solids, suspended solids, sulfite, phosphate, and alkalinity.

6.8 Continuous blowdown systems: Check calibration and settings monthly.

6.9 The contractor shall visit the plant weekly during the first three months of a new contract.

6.10 After three months, the contractor shall visit the plant monthly, perform tests listed above, and review daily logs of tests performed by boiler plant personnel.

6.11 The contractor shall discuss the test results with the boiler plant supervisor and provide recommendations on treatment methods and consult on boiler plant and steam and condensate distribution systems problems as requested.

6.12 The contractor shall send water samples to the laboratory as necessary to resolve problems and questions.

6.13 The contractor shall make additional visits at the request of the boiler plant supervisor to handle problems.

6.14 The contractor shall conduct waterside inspection of boilers, feedwater deaerator and condensate storage tank at least once per year.

6.15 Through the TPOC, the contractor shall coordinate the boiler and feedwater deaerator inspection to coincide with the inspection by the Qualified Professional Inspector (boiler inspector).

6.16 VA personnel will prepare equipment for inspection.

6.17 The contractor shall provide recommendations on proper operation of continuous boiler blowdown systems and boiler bottom blowoff procedures.

6.18 The contractor shall test corrosion coupons from condensate lines once per year and provide report. VA personnel will install, remove and deliver the coupons to the water treatment specialist.

6.19 Any deficiencies or problems noted with VA test results or with the water treatment specialist's test results shall be reported immediately to the boiler plant supervisor.

6.20 If problems are found, corrective actions must be recommended immediately, chemicals as necessary provided, and tests performed as necessary to confirm that desired results are achieved.

6.21 VA Boiler Plant Staff Responsibilities: The plant personnel shall perform routine testing for chemical residuals, conductivity, hardness, alkalinity, pH, chloride, silica, iron and copper, and other tests as recommended by the water treatment specialist.

7.0 VENDOR RESPONSE

7.1 The contractor shall provide emergency response, including a site visit if requested, within 4 hours of request, 24 hours a day, 365 days per year. The contractor shall maintain a toll-free (800) telephone number, e-mail, and pager system for 24-hour access.

7.2 The contractor shall respond to routine communications within 48 hours with a visit as necessary.

8.0 REPORTS

8.1 A written report of each analysis and inspection shall be submitted within 3 upon completion of each analysis and/or' inspection to include a summary report of treatment recommendations based on the analysis report.

8.2 Each report shall be submitted to the chiller plant supervisor and to the TPOC.

8.3 Immediately prior to commencing the chemical treatment contract, VAMC will arrange for an internal inspection of each chiller tower by the chiller plant supervisor and the contractor.

8.4 A visual and written record of the condition of each of the chiller towers will be signed by the contractor and the VAMC representative. Any deterioration in the chiller conditions attributable to the contractor's program shall be corrected by the contractor at no additional cost to VA.

8.5 A written report of findings during inspection of field-assembled components and equipment installation, including piping and electrical connections

8.6 Prior to the completion of all weekly work activities, the contractor shall exclusively supply the Chiller Plant Supervisor and TPOC, with his/her company’s work documentation (daily logs).

8.7 The contractor shall supply the Chiller Plant Supervisor and TPOC with any product literature and maintenance requirements for all items installed under this contract

9.0 GENERAL REQUIREMENTS

9.1 Situations requiring more frequent analysis and/or special testing other than the specified requirements may arise.

9.2 The contractor shall not perform any extra cost work without written authorization from the Contracting Officer (CO).

9.3 With the approval of the CO, a separate purchase order will be issued to cover the costs associated with extra tests upon request .

9.4 This is not a promise of additional work, and the Government reserves the right to obtain these services from any source.

9.5 The contractor shall provide information on the normal delivery time for chemicals and on a method for emergency chemical deliveries.

9.6 A laboratory certified by the State shall perform laboratory work.

9.7 Supervision/Communications. The Superintendent shall be available to the TPOC via cellular phone throughout the period of performance.

9.8 TPOC must be present for any work performed within information technology communication closets.

10.0 QUALIFICATIONS:

10.1 The contractor must operate (or continuously maintain a contract with) a state-certified laboratory to perform complete scientific analyses of water chemistry, deposits, metallic materials affected by corrosion and provide recommendations for correction of problems related to the chemical and mechanical water treatment program.

11.0 Contractor Responsibilities:

11.1 The contractor is responsible for verifying all site conditions prior to performing any work under this contract.

11.2 The contractor shall adhere to all Occupational Safety and Health Administration (OSHA) regulations.

12.0 Security Requirements:

12.1 Prior to the commencement of any work under this contract, upon arrival to the Erie, PA VAMC, contractor personnel shall first check-in with the VA Police (Building 1) to obtain a VA visitor badge.

12.2 The contractor employee shall be responsible for safeguarding the badge and immediately report if the badge has been lost, stolen, or destroyed to the VA Police.

12.3 Contractor personnel shall properly display their employee identification badge and VA visitor badge while on VA property so that their name, photo, and the company they work for can easily be seen.

12.4 All contractor personnel shall properly sign out with the VA Police upon the completion of all daily work activities.

13.0 Required Contractor Notifications:

13.1 Contractor personnel shall inform the TPOC of the need to gain access to secured areas. If access is required to secured areas, prearranged scheduling will be coordinated between the contractor and the TPOC.

13.2 The contractor shall coordinate all equipment shutdowns with the TPOC.

14.0 WARRANTY: All services provided by the contractor, as well as parts replaced shall come with a one (1) year warranty (minimum). All labor, tools, supplies, transportation, and equipment associated with the replacement of warranty items shall be provided by the contractor at no additional cost to the Government.

15.0 Interference in Performance Requirements: The following provisions shall be adhered to by contractor personnel throughout the duration of this contract:

15.1 The contractor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, e.g. utility services, emergency responses, the passage of facility patients/personnel, etc.

15.0 Cleanup and Disposal:

15.1 Housekeeping:

15.2 The contractor shall maintain a clean work environment, ensuring the area is free from debris after the completion of all services provided under this contract.

15.3 If the TPOC finds the area where services were provided to be unacceptable, the contractor at his/her own cost shall re-clean the area until acceptance is gained.

15.4 Disposal of Trash and Hazardous Waste:

15.5 The contractor shall be responsible for the removal of all trash and debris from VA property after the completion of all services provided under this contract.

15.6 The contractor shall comply with the Occupational Safety and Health Administration (OSHA), the United States Environmental Protection Agency (EPA), the Department of Transportation (DOT), State, governing the proper handling, disposal, and removal of waste.

16.0 Training:

16.1 The vendor shall provide semi-annual two-hour training sessions. The first session shall be within one week of the start of the contract and then every six months thereafter.

16.2 The contractor shall train the Wilmington VAMCs maintenance personnel on procedures and schedules for starting and stopping, troubleshooting, servicing, and maintaining equipment and schedules.

36C24425Q0953

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SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within /prior to 30 days before contract expiration.

(End of Clause)

C.4 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 /prior to 30 days before contract expiration; 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.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically…