36C24520Q0173-000.docx

36C24519Q0649 Contract Opportunity Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

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CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

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POSTAL CODE

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ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice J044

BOILER INSPECTION WITH BASE PLUS 4 YEAR OPTION YEARS

21090 36C24520Q0173 01-29-2020 N 811310 Department of Veterans Affairs Network Contract Office (NCO 5) 849 International Drive Linthicum, MD 21090

CHARLES WILLIS

Contracting Officer Department of Veterans Affairs Perry Point, MD 21902 21902

USA

charles.willis@va.gov This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. The contractor shall provide inspection to the Perry Point Boiler plant in accordance with the attached statement of work. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as Request for Quotation (RFQ), solicitation number 36C24520Q0173. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2019-04 Effective August 7, 2019.

This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach. The U.S. Department of Veterans Affairs, VAHMCS, intends to award base year with four (4) one (1) option years, if exercised by the Government.

Contractors must be registered in System for Award Management at www.sam.gov and/or in VIP at https://www.vip.vetbiz.gov/ to be eligible for award and complete their online Representations and Certifications at www.sam.gov. The applicable North American Industrial Classification System (NAICS) code for this procurement is 811310, with a business size standard of $8.0 million.

The Offeror’s completion and submission of all proposal sections constitutes the Offeror’s acceptance of all terms and conditions in this solicitation. The Government will not reimburse the Offeror for anything associated with preparing and submitting proposals in response to this solicitation.

All proposal submissions in response to this solicitation must be received no later than the date and time specified on the SF1449. Offerors must submit proposals via email to the Contract Specialist, Charles Willis, via email at Charles.willis@va.gov. Late proposals will be processed in accordance with FAR 52.212-1(f), “Late submission, modifications, revisions, and withdrawals of offers”.

All inquiries shall be in writing, email inquiries to Charles.willis@va.gov. No phone calls will be accepted. Telephonically requested for information will not be accepted.

The solicitation and any amendment, if/when issued will be posted to http://www.fbo.gov. This will normally be the only method of distributing amendments prior to closing; therefore, it is the offerors responsibility to check the website periodically for any amendments to the solicitation.

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.

DUNS:

DUNS+4:

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 W

HICH 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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

512-20-2-641-0034 36C24520Q0173 01-2 -2020

CHARLES WILLIS

;Charles.willis@va.gov 410-691-13828 01- -2020

03:00PM

Department of Veterans Affairs Network Contract Office (NCO 5 849 International Drive Linthicum, MD 21090 X 811310 $8 Million N/A X Department of Veterans Affairs Network Contract Office (NCO 5) Perry Point, MD 21902 Department of Veterans Affairs Network Contract Office (NCO 5) 849 International Drive Linthicum, MD 21090

PAYMENT WILL BE MADE BY

USA Headquarters 1040 Crown Point Parkway Atlanta, GA 30338

OB-10.COM

770-698-1420 See CONTINUATION Page Contractor shall provide boiler inspections in accordance With the attached statement of work at the VA Medical Center Perry Point, MD.

Period of Performance is Base plus four (4) option years See CONTINUATION Page 512-3600162-641-855100-2543 010055590 X X X

ONE

Charles Willis, Contracting Off Table of Contents

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

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

1. Government Contract Administration will be handled by:

1. Contractor Remittance Address:

0. 52.232-33, Payment by Electronic Funds Transfer—System For Award Management,

0. Payments shall be made MONTHLY in arrears upon receipt of properly prepared invoices. Invoices shall be submitted through the OB-10 website http://ob10.com/us/en/veterans-affairs-us/ by the tenth of the month – Address: USA Headquarters, 1040 Crown Point Parkway, Atlanta, GA 30338. Phone No. 770-698-1420 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO. DATE

B.2 STATEMENT OF WORK

STATEMENT OF WORK

Inspection of Boilers, Feedwater Deaerators 512-20-2-641-0034

1. Introduction:

A. Most Department of Veterans Affairs Medical Centers (VAMC) have a central high pressure boiler plant to provide steam for heating and air conditioning, domestic hot water, kitchens, and sterilization. Some medical centers have laundries that utilize steam.

B. Boiler plant safety, reliability, efficiency and equipment longevity are paramount concerns of VAMC 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.

C. This “Statement of Work” describes the requirements for the boiler inspections and feedwater deaerator inspections to be performed by “Qualified Professional Inspectors” under contract.

D. A separate document lists the facilities where the inspections will be required, lists the boilers and feedwater deaerators to be inspected at each facility and provides a schedule for the inspections. Other pressure vessels may be included in the inspection requirements.

Editors Note: Include the information required above in the contract.

E. “Qualified Professional Inspectors” as defined below shall perform internal and external inspections on high pressure (over 15 psig) steam boilers and internal inspections on feedwater deaerators and other pressure vessels.

F. Non-destructive testing of feedwater deaerator pressure vessels shall be performed by certified non-destructive testing technicians as defined below under the guidance of the Qualified Professional Inspector.

G. A separate “Statement of Work” covers the work of burner and instrument technicians inspecting, testing and calibrating burners, controls and instruments.

2. “Qualified Professional Inspector” is defined as any one or combination of:

A. 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.

3. Qualifications for Non-Destructive-Testing Technicians:

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).

4. Reference Materials:

The “Qualified Professional Inspector” shall demonstrate familiarity with and ready access to the current versions of the following codes and manuals:

ASME Boiler and Pressure Vessel Code:

Section I - Power Boilers Section IV - Heating Boilers Section VI - Care and Operation of Heating Boilers Section VII - Care of Power Boilers ASME B31.1, Power Piping Code ASME CSD-1, Controls and Safety Devices for Automatically Fired Boilers ANSI/NB-23, National Board Inspection Code NFPA 85, Boiler and Combustion Systems Hazards Code VHA Boiler Plant Safety Device Testing Manual, 2nd Ed.

5. Inspection Requirements:

A. Annual internal and external inspections are required for each boiler. Internal inspections of the feedwater deaerator pressure vessel are required every six years (or more frequently if welding repairs have been performed).

B. At least two weeks notice to VAMC is required prior to an inspection. Also, the inspection 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 Technical Representative (COTR) 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. Thus, multiple visits per VAMC facility will be necessary every year to inspect all the boilers internally.

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

D. Coordinate the inspection schedule with the COTR so that VAMC can prepare the boilers and feedwater deaerator for the inspections in advance. Contractor is to prepare boilers and pressure vessels for inspections, to include removal of internal plates and other objects as required..

E. The COTR is: ______________________________________________. Editor’s Note: Insert the name and contact information of the COTR.

F. 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 safety personnel present in the boiler plant. Similar advance preparations will be made to the feedwater deaerator when it is scheduled for internal inspection.

G. 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.

H. The boiler and feedwater deaerator inspections shall comply with the guidelines in the current issue of the NATIONAL BOARD INSPECTION CODE, Part RB, Inservice 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.

I. The inspector must completely enter the internal spaces of the boiler or feedwater deaerator and visually inspect all internal surfaces that can be accessed.

J. Methods for testing safety devices shall comply with VHA Boiler Plant Safety Device Testing Manual, 5th Edition.

K. Summary of the minimum inspection requirements for 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.

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 is properly calibrated.

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. On boilers that are hot, perform an operation test under pressure to confirm operation at proper set pressures. Operate boiler with burner at high fire to verify adequate steam flow capacity of the safety valves (“accumulation test”).

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.

L. 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 postweld 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 (6 year intervals unless otherwise recommended because of welding repairs):

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.

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

· Determine pressure vessel material thickness by 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.

· 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.

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

6. 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. Furnish report within one week of each facility inspection in “Microsoft Word” format by email to the COTR and to the VA Headquarters office designated in the attachment.

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

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

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

PROVIDE BOILER INSPECTIONS ON 3 CLEAVER BROOK AND ONE BABCOK AND WILCOX 36,000 POUNDS PER HOUR STEAM BOILERS, ONE DEARATOR TANK AND CONDENSATE TANK PER ATTACHED STATEMENT OF WORK

512-20-2-641-0034 Contract Period: Base POP Begin: 02-01-2020 POP End: 01-31-2021

PROVIDE BOILER INSPECTIONS ON 3 CLEAVER BROOK AND ONE BABCOK AND WILCOX 36,000 POUNDS PER HOUR STEAM BOILERS, ONE DEARATOR TANK AND CONDENSATE TANK PER ATTACHED STATEMENT OF WORK Contract Period: Option 1 POP Begin: 02-01-2021 POP End: 01-31-2022

PROVIDE BOILER INSPECTIONS ON 3 CLEAVER BROOK AND ONE BABCOK AND WILCOX 36,000 POUNDS PER HOUR STEAM BOILERS, ONE DEARATOR TANK AND CONDENSATE TANK PER ATTACHED STATEMENT OF WORK Contract Period: Option 2 POP Begin: 02-01-2022 POP End: 01-31-2023

PROVIDE BOILER INSPECTIONS ON 3 CLEAVER BROOK AND ONE BABCOK AND WILCOX 36,000 POUNDS PER HOUR STEAM BOILERS, ONE DEARATOR TANK AND CONDENSATE TANK PER ATTACHED STATEMENT OF WORK Contract Period: Option 3 POP Begin: 02-01-2023 POP End: 01-31-2024

PROVIDE BOILER INSPECTIONS ON 3 CLEAVER BROOK AND ONE BABCOK AND WILCOX 36,000 POUNDS PER HOUR STEAM BOILERS, ONE DEARATOR TANK AND CONDENSATE TANK PER ATTACHED STATEMENT OF WORK Contract Period: Option 4 POP Begin: 02-01-2024 POP End: 01-31-2025

36C24520Q0173

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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 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.2 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 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

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

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.5 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(End of Clause) C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Maryland. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

C.9 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.