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Contract Opportunity Combined Synopsis/Solicitation Notice
PRODUCT SERVICE CODE
SUBJECT
CONTRACTING OFFICE'S
ZIP-CODE
SOLICITATION NUMBER
RESPONSE DATE/TIME/ZONE
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
ADDRESS
POSTAL CODE
COUNTRY
ADDITIONAL INFORMATION
GENERAL INFORMATION
PLACE OF PERFORMANCE
* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice J041 Loch Raven Boiler Maintenance Service, Safety checks and repairs.
This will be a five (5) year ordering period IDIQ 21090 36C24520Q0653 09-09-2020 3:00pm
EASTERN TIME, NEW YORK, USA
N
SBA
238220 Department of Veterans Affairs
VAMC (512)
NCO 5
849 International Drive Washington DC 20422
CHARLES WILLIS
charles.willis@va.gov Charles.Willis@va.gov 202-745-8408
LOCH RAVEN VA MEDICAL CENTER
3900 LOCH RAVEN BLVD
BALTIMORE, MD 21218
21218
USA
The government intends to award an Indefinite Delivery Indefinite Quantities (IDIQ) contract for the maintenance, safety checks, and any needed repairs for the boilers at the Loch Raven VA Medical Center. It is known that repairs will be needed to bring the boilers up to maintenance level and that will be awarded as of the first task orders. This requirement will be a small business set-aside.
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 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. 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
512-20-3-641-0314 36C24520Q0653 09-01-2020 CHARLES WILLIS; charles.willis@va.gov 410-691-1328 09-09-2020
3PM
Department of Veterans Affairs
VAMC (512)
NCO 5
849 International Drive Linthicum MD 21090 x x 238220 $16.5 Million N/A X Department of Veterans Affairs Loch Raven VA Medical Center
VAMHCS
3900 Loch Raven Blvd Baltimore MD 21218 Department of Veterans Affairs
VAMC(512)
NCO 5
849 International Drive Linthicum MD 21090
PAYMENT WILL BE MADE BY
FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 See CONTINUATION Page The government intends to award an Indefinite Delivery Indefinite Quantities (IDIQ)contract for the maintenance, Safety checks, and any needed repairs for the boilers at the Loch Raven VA Medical Center. It is known that repairs will be Needed to bring the boilers up to maintenance level, and that Will be awarded as one of the first task orders.
The ceiling of the IDIQ will be $1 million Period of Performance: 5 year ordering period Submit all quotes to charles.willis@va.gov by September 9, 2020 @ 3pm EST.
See CONTINUATION Page X X X
CHARLES WILLIS
CONTRACT SPECIALIST
Table of Contents
| SECTION A | 3 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 3 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 6 |
| B.1 CONTRACT ADMINISTRATION DATA | 6 |
| B.2 STATEMENT OF WORK | 7 |
| B.2 – PART II – STATEMENT OF WORK | 16 |
| STATEMENT OF WORK | 16 |
| B.3 PRICE/COST SCHEDULE | 21 |
| ITEM INFORMATION | 21 |
| SECTION C - CONTRACT CLAUSES | 25 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 25 |
| C.2 52.216-18 ORDERING (OCT 1995) | 31 |
| C.3 52.216-19 ORDER LIMITATIONS (OCT 1995) | 31 |
| C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 31 |
| C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS | 32 |
| C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 32 |
| C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 33 |
| C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 34 |
| C.9 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 36 |
| C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 36 |
| C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020) | 36 |
| C.12 INSTRUCTIONS TO QUOTERS | 44 |
| C.12 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020) | 46 |
| C.13 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) | 49 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 51 |
| D.2 WAGE GRADE DETERMINATIONS | 51 |
| SECTION E - SOLICITATION PROVISIONS | 54 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 54 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) | 58 |
| E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 59 |
| E.4 52.216-1 TYPE OF CONTRACT (APR 1984) | 60 |
| E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 60 |
| E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 61 |
| E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 62 |
| E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 62 |
| E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 63 |
| E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUN 2020) | 63 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by:
| 1. Company Name: | __ __________________ ________ | ||
| 1. Street Address: | __ ___________ _____________________ | ||
| 1. City, State, & Zip: | __ _________________________________________ | ||
| 1. Point of Contact/Title: | ___________________________________________ | ||
| 1. Telephone Number: | __ _________________________________________ | ||
| 1. Fax Number: | __ _________________________________________ | ||
| 1. Email: | __________ _________________________________ |
1. Government Contract Administration will be handled by:
| 1. Contracting Specialist: | Charles Willis, Contract Specialist | |||
| 1. Government Office: | Network Contracting Office (NCO 5) | |||
| 1. Street Address: | 849 International Drive, Suite 275 | |||
| 1. City, State & Zip: | Linthicum, MD 21090 | |||
| 1. Telephone Number: | 410-691-1328 | |||
| 1. Fax Number | : | 410-637-1315 | ||
| 1. Email: | Charles.Willis@va.gov |
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
I. SCOPE OF WORK
This is an IDIQ contract, which will cover annual preventative maintenance and any need repairs. Repairs will be issued under as a separate task order by the contracting officer. The IDIQ will also include a line item for service calls, these service calls will be used to diagnose any issue and develop the firm-fixed-price quote for the repair cost.
Annual Preventative Maintenance Work:
The Contractor shall provide all personnel, management, material, parts, equipment, supplies, and labor to perform: Annual inspection, preventive maintenance, and repairs on eleven (11) hot water boilers located at the Loch Raven VAMC. The inspection, maintenance, and repairs shall be performed by qualified boiler technicians. The contractor will perform all preventive maintenance service and functional test to ensure that the equipment performs in compliance with manufacturers operating and maintenance instructions. A written service report will provide a detailed description of work performed and cost, which includes an itemized breakdown for labor, hours, parts, material, and warranty information.
Inspection, Testing and Calibration Requirements:
A. Technicians shall provide all tools and labor necessary to perform inspection, tuning, testing, calibrating, and adjustments of burners and boiler controls as specified below. This shall be done in accordance with a schedule listed below.
B. Instrumentation, monitoring and data management systems as listed below shall be calibrated every six months.
C. Provide at least two weeks’ notice to the Contracting Officer’s Representative (COR) prior to performing the work. Work cannot be scheduled during heavy heat load periods. Only one boiler at a time can be out of service for the inspection, testing and calibration procedures. Work must be conducted when the COR is onsite to monitor the work.
D. VAMC will have the boilers that are to be serviced prepared for technicians upon their scheduled arrival. This include having the boilers fully warmed and at normal operating temperature/pressure.
E. The inspection, testing and calibration shall comply with:
a. The recommendations and requirements of VHA Boiler Plant Safety Devices Testing Manual, 5th edition.
b. The written recommendations of the equipment manufacturers.
c. The requirements and recommendations of NFPA 85, Boiler and Combustion Systems Hazards Code, including applicable appendices.
d. Burner performance requirements in this document.
F. A summary of the work is as follows, the below summary is not inclusive, refer to the inspection/testing frequency:
a. Review boiler log sheets and alarm and trouble reports.
b. Review records that show combustion (flue gas oxygen and carbon monoxide).
c. Perform overall visual inspection of systems. Verify that systems comply with referenced codes and VAMC requirements stated in this contract.
d. Test and record the operation and set points of all burner/boiler safety interlock devices. Refer to list below. Verify that the set points and operating points are within approximately 20% of normal operating parameters. Make adjustments as necessary and record the new settings. The operation of a device must result in burner shutdown and/or proper alarm operation.
e. Operate burner(s) on each fuel from low fire to high fire and back to low fire in at least six increments and record combustion performance (flue gas oxygen, carbon monoxide, NOx where applicable), fuel train pressures, atomizing train pressures, burner pressures, stack temperatures, boiler load output.
f. Compare the combustion performance data with VAMC requirements (see below) and previous readings. If necessary, make adjustments to the fuel flow and combustion air controllers, control valves and dampers to obtain the required performance. Record the new performance data.
g. Verify accuracy of instrumentation listed below. Verify that all devices are properly selected for the application in terms of type, size, set point range, performance, code approval. Calibrate all instruments that are not within manufacturer’s specifications for accuracy.
h. Immediately inform COR of any recommended repairs of modifications.
G. All of interlocks and safety devices to be inspected and tested on each boiler/burner/equipment, are contained in the VHA Boiler Plant Safety Device Testing Manual, 5th edition, along with testing procedures.
H. Required burner performance:
a. Turndown (ratio of maximum and minimum firing rates): 10/1 8/1 5/1 4/1 (Refer to original burner specification).
b. Achieve, but do not exceed, boiler maximum heat output rating. Measure fuel input at minimum and maximum firing rates.
c. Maximum carbon monoxide: 200 parts per million (ppm)
d. Maximum NOx: (refer to original burner specification)
e. Flue gas oxygen: 2.4 – 4.2%
f. Flue gas oxygen (low excess air burners): 1.0 – 2.0%
g. No visible smoke, except on heavy oil fuel maximum opacity is 20%. Comply with local emissions regulations.
h. Flames shall be stable with no pulsations, shall be retained near burner, no blow off or flashback, no constant flame impingement on refractory or water walls.
I. List of instrumentation and controls to be inspected and calibrated:
a. Boiler outlet draft controllers
b. Boiler water level controllers
c. All pressure and temperature sensors and transmitters
d. All signal processing and readout devices J. Report requirements:
a. Provide complete written report of the inspection fully describing all tests performed, all findings, and recommendations. The report shall have two sections the first section will be in a table form with four columns:
i. The first column labeled “FUNCTION” with pass or fail
ii. The second column labeled “Devices” list the device number and description in accordance with the VHA Boiler Plant Safety Devices Testing Manual, 5th edition.
iii. The third column labeled “Deficiencies-Recommendations”
iv. The fourth column labeled “Corrective Actions” list any corrective actions taken during the inspection.
b. Furnish the report within one week of each inspection in “Microsoft Word” format by email to the COR. Provide hard copies of data sheets and flue gas analyzer “strip” printouts to the COR within one week of visit.
c. All safety-related deficiencies shall be immediately reported to the COR and/or Chief Engineer during the inspection visit.
K. Inspection and testing frequency chart:
| # |
| Item |
| Frequency |
| Note |
| 1 |
| Inspect furnace and other internal surfaces, closures and accessories |
| Yearly |
| *must be accomplished by a documented Qualified Professional Inspector |
| 2 |
| Inspect exterior of unit, casing, supports, closures, accessories, valves, controls |
| Yearly |
| *must be accomplished by a documented Qualified Professional Inspector |
| 3 |
| Check all boilers for fouling and combustion gas flow |
| Yearly |
| *must be accomplished by a documented Qualified Professional Inspector |
| 4 |
| Tube leak check |
| Yearly |
| *must be accomplished by a documented Qualified Professional Inspector |
| 5 |
| Adjust burner combustion settings and calibrate oxygen trim |
| 6 Month |
| 6 |
| Check vibration of burner fans |
| 6 Month |
| 7 |
| Calibrate instrumentation, monitoring, and control systems |
| 6 Month |
| 8 |
| Calibrate pressure gages and thermometers |
| Yearly |
| 9 |
| Operational test of Safety Devices |
| a. |
| Low-water cutoff (slow drain) |
| Monthly |
| b. |
| Fire each boiler and the pilot on the alternate fuel for 1 hour |
| Monthly |
| *building 1 boilers only |
| c. |
| Low water cut off |
| Monthly |
| d. |
| Auxiliary low water cut off (slow drain) |
| Monthly |
| e. |
| High water alarm |
| Monthly |
| f. |
| Low water alarm |
| Monthly |
| g. |
| Water safety valves |
| Yearly |
| h. |
| Water safety valve operational test |
| 6 Month |
| i. |
| Flame scanner |
| Monthly |
| j. |
| Check gas vent valve for leaks |
| 6 Month |
| k. |
| High gas fuel pressure cut off |
| 6 Month |
| l. |
| Low gas fuel pressure cut off |
| 6 Month |
| m. |
| Gas fuel safety shut off valves proof of closure |
| 6 Month |
| n. |
| Leak test gas fuel safety shut off valves |
| 6 Month |
| o. |
| Low atomizing pressure for fuel oil |
| 6 Month |
| *building 1 boilers only |
| p. |
| High fuel oil pressure cut off |
| 6 Month |
| *building 1 boilers only |
| q. |
| Fuel oil safety shut off valves proof of closure |
| 6 Month |
| *building 1 boilers only |
| r. |
| Leak test fuel oil safety shut off valves |
| 6 Month |
| *building 1 boilers only |
| s. |
| Check operation of liquid petroleum gas pilot |
| 6 Month |
| *building 1 boilers only |
| t. |
| Low pilot gas pressure cut out |
| 6 Month |
| u. |
| Forced draft fan motor interlock |
| 6 Month |
| v. |
| Forced draft fan damper wide open for purge |
| 6 Month |
| w. |
| Boiler outlet damper wide open for purge |
| 6 Month |
| x. |
| Purge air flow interlock |
| 6 Month |
| y. |
| Timing for pre-purge |
| 6 Month |
| z. |
| Timing for post – purge |
| 6 Month |
| aa. |
| Igniter timing |
| 6 Month |
| bb. |
| Low fire position interlock |
| 6 Month |
| cc. |
| Combustion air interlock |
| 6 Month |
| dd. |
| Main flame out; i.e. time to close valves |
| 6 Month |
| ee. |
| Ignition flame out; i.e. time to close valves |
| 6 Month |
| ff. |
| Minimum igniter flame test |
| 6 Month |
| gg. |
| Scanner not sensing ignition spark |
| 6 Month |
| hh. |
| Low oxygen alarm and/or cut out |
| 6 Month |
| ii. |
| Pre-purge setting of flue gas recirculation damper |
| 6 Month |
| jj. |
| Interlock of building outside air damper |
| 6 Month |
| kk. |
| Burner/heating element control |
| 6 Month |
| ll. |
| CO and combustion gas detection equipment testing |
| 6 Month |
| mm. |
| Boiler emergency button testing |
| 6 Month |
Annual Maintenance/Operational Maintenance A. Monthly
a. Test and adjust water treatment
b. Operate all alarm devices B. Semi-Annual
a. Check furnace pressure
b. Check combustion gas leaks into boiler room C. Annual
a. Open Boilers
b. Clean waterside of boilers
c. Clean fireside and repair refractory Repairs A. All repairs to boilers and pressure vessels shall comply with the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code. No welded repairs are permitted except by certified welders using Code-approved procedures. Repair and record of certification, and the qualification of welders must be provided to the COR upon completion of all repairs.
B. Hydrostatic testing of boilers and pressure vessels must be conducted after a repair or a tube replacement, or when the boiler or pressure vessel integrity is in doubt. Hydrostatic pressure must be limited to 150 percent of normal operating pressure of the boiler or pressure vessel.
II. EQUIPMENT: (11) Hot water boilers
A. Building 1: Cleaver Brooks, CB200-060-030HW, qty (2) B. Building 2: Lochinvar, CBN215, qty (1) C. Building 4: Lochinvar, CHN0990 qty (2) D. Building 5: H.B. Smith, 19-4 HW, qty (1) E. Building 5: Thermal Solutions, SOLO500BNB, qty (2) F. Building 6: Weil McLain, EG-75, qty (1) G. Building 7: LAARS, PNCH1000NACN2CJX, qty (2)
III. PREVENTIVE MAINTENNANCE REQUIREMENTS
A. The Contractor will contact the COR to schedule a PM at least fourteen (14) calendar days prior to the proposed date. Schedule changes required by the Government after approval shall be made at no additional cost if notice is provided to the Contractor five (5) calendar days or more prior to the scheduled date of accomplishment.
B. All work will be performed between the hours of 7:00 a.m. and 4:00 p.m. on the prearranged dates.
C. Loch Raven inspection work must be coordinated through the COR who is:
Louis Hopson Mechanical Shop Supervisor Facilities and Engineering Service 3900 Loch Raven Blvd Loch Raven, Maryland 21090 Telephone: (410) 605-7000 extension 55889
IV. CONTRACTOR PERSONNEL
A. Technician Qualifications. All work shall be performed by qualified boiler technicians, experienced and qualified to work on the specific makes and models of equipment listed in this contract. The Contractor shall submit to and for the approval of the Contracting Officer, certification and a list of credentials of the qualified boiler technicians.
Technicians shall have completed at least a one-year trade school and have a minimum of five (5) years successful experience in the field. The experience shall be largely with institutional and industrial boilers. In addition, the technician shall have demonstrated experience in conducting equipment inspection and performing testing in compliance with the VA safety testing manual at three (3) or more VA facilities within the past three (3) years.
Technicians shall demonstrate familiarity with and ready access to the current versions of the following references:
NFPA 85, Boiler and Combustion Systems Hazard Code, latest edition.
VHA Boiler Plant Safety Device Testing Manual, 5th edition.
The contractor must provide a list of three (3) reference contacts that have been provided service on similar or identical equipment. The contractor must provide authenticated factory training certificates or credentials (or acceptable substitute as approved by the COR) for any personnel who are working on any VA equipment. The VA specifically reserves the right to reject any of the contractor’s personnel and refuse them permission to work on VA equipment.
B. Qualified Professional Inspector. A Qualified Professional Inspector is any one or combination of:
a. A boiler inspector who has a valid certificate from the National Board of Boiler and Pressure Vessel Inspectors.
b. A boiler inspector who has qualified by passing a written examination under the laws, rules and regulations of the state of Maryland.
c. A boiler inspector who is regularly employed as a boiler inspector/testing by a jurisdiction that 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 AMSE Conference Committee.
d. A boiler inspector who is regularly employed by an insurance company that has been licensed or registered by the appropriate authority of a state of the United States to write boiler and pressure vessel insurance.
C. Conduct of Personnel. The Contractor shall ensure that his personnel present a professional appearance at all times and that their conduct shall not reflect discredit upon this facility or the Department of Veterans Affairs. The Contractor shall remove from the job site any employee for reasons of misconduct or security. The removal from the job site of such a person shall not relieve the Contractor of the requirement to provide sufficient personnel to perform adequate and timely service. All employees shall be legal residents of the United States and be able to understand, speak, read and write the English language.
D. Identification of Employees. : The Contractor shall within 10 calendar days before beginning performance of work provide the Contracting Officer a list of all employees who will perform under this contract. The list shall include the full name, and work assignment of each employee. The Contractor shall notify the Contracting Officer in writing of any addition, deletion or change in work assignment within 10 days of such change. Each of the Contractor's employees shall conspicuously display on their person a badge provided by the Contractor that shall include the full name of the employee, the name under which the Contractor is doing business and a badge serial number.
V. HOURS OF OPERATION
A. Normal Duty Hours. The Contractor shall have employees available Monday through Friday, except legal public holidays at the times specified to perform routine work and inspections.
B. Federal Holidays. Federal Holidays observed by the VA are: New Year’s Day; Martin Luther King Day; President’s Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; and Christmas.
VI. CONTRACTOR QUALITY CONTROL
The Contractor shall establish and maintain a Quality Control Program that ensures that all requirements of the contract are provided as specified.
VII. INSPECTION AND ACCEPTANCE
| A. | Final inspection and acceptance by the Government shall be made at the site of each system. |
| B. | Unsatisfactory service will be reported in writing by the CO to the Contractor. |
VIII. FIRE PREVENTION AND PROTECTION
The Contractor shall fully acquaint himself and his personnel with the location of fire equipment before work take all prudent measures to minimize fire hazards that result from work, complies with all ordering agency fire and safety regulations.
IX. CLEANING UP
The Contractor shall clean up after work, leaving each area where work is performed, neat and clean. All containers, trash and debris for which he is responsible shall be removed. The area immediately around the equipment provided for the Contractor’s use shall be kept in a clean and orderly condition. Trash and waste material shall not be permitted to accumulate but shall be removed by the Contractor’s employees.
X. SERVICE MANUALS
The VA shall not provide service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSEs all operational and technical documentation, (such as: operational and service manuals, schematics, and parts lists), which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name, and/or the manuals themselves shall be provided to the CO upon request.
XI. TRAINING
Contractor shall provide annual training on all the Boiler Equipment for designated employees assigned to the Loch Raven campus (approximately 20 personnel) over two-day, eight (8) hour courses. The training shall be in accordance with the manufacturer’s “Commissioning and Start Up” operation manuals. In addition, the training shall cover the following topics:
A. Proper operation of all boilers listed in the scope of work B. Hydronic system overview C. Maintenance log procedures and regulations D. How to recognize failures of expansion tanks, and unsafe conditions E. PRV discharge conditions and inspections F. Inspection of CO monitors
XII. SMOKING POLICY
Smoking is prohibited inside all buildings except in designated areas.
B.2 – PART II – STATEMENT OF WORK
STATEMENT OF WORK
Known needed repairs
I. SCOPE OF WORK
The Contractor shall provide all personnel, management, material, parts, equipment, supplies, and labor to perform: Inspections and repair actions on x2 Cleaver Brooks, Building #1 located at 3900 Loch Raven Boulevard. The inspection and maintenance shall be performed by qualified boiler technicians. The contractor will be assigned to make operational the secondary fuel circuit for each boilers secondary fuel source. A written service report will provide a detailed description of work performed and cost, which includes an itemized breakdown for labor, hours, parts, material, and warranty information.
Repair actions required:
The following is a list of possible needs for both boilers.
• (4) 2-1/2” face 0-600psi gauges 1/4 threads back of gauge.
• (10) Set screws for oil cam ((2) New oil cams)
• (4) Oil nozzles for burner. Number found on the nozzle are 5.5/45°
• (1) Gas cam strap
• (4) Solenoids replaced
• (2) Ignition cables with ends.
• (2) Hauck valve (no information is found on the old ones attached to the burner)
• (2) Pressure atomization pump (no information is found on the old ones attached to the burner). Replace
• (2) Ashcroft cat#: B420B
• (2) oil coupling. The coupling the turns the Webster Hauck valve
• Open fuel lines where possible, inspect, clean or replace
• (2) Replace OSV Valves
• Clean or replace fuel nozzles
• Clean strainers
• (2) Replace oil pressure switch
• (2) Repair or replace oil Cams
• Inspect and repair or replace oil pump.
• Inspect and if necessary, replace pump coupling
• Clean burner
• Troubleshoot any additional items that are found during inspect/repair
• Test for proper operations and adjust
Any additional work or items found in need of repair will be an additional charge and will be quoted for approval prior to any work being performed.
Repairs C. All repairs to boilers and pressure vessels shall comply with the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code. No welded repairs are permitted except by certified welders using Code-approved procedures. Repair and record of certification, and the qualification of welders must be provided to the COR upon completion of all repairs.
II. EQUIPMENT: Hot water boilers H. Building 1: Cleaver Brooks, CB200-060-030HW, qty (2)
D. Loch Raven inspection work must be coordinated through the COR who is:
Louis Hopson
| Mechanical Shop Supervisor |
| Facilities and Engineering Service |
3900 Loch Raven Blvd Loch Raven, Maryland 21090 Telephone: (410) 605-7000 extension 55889
V. CONTRACTOR PERSONNEL
B. Technician Qualifications. All work shall be performed by qualified boiler technicians, experienced and qualified to work on the specific makes and models of equipment listed in this contract. The Contractor shall submit to and for the approval of the Contracting Officer, certification and a list of credentials of the qualified boiler technicians.
Technicians shall have completed at least a one-year trade school and have a minimum of five (5) years successful experience in the field. The experience shall be largely with institutional and industrial boilers. In addition the technician shall have demonstrated experience in conducting equipment inspection and performing testing in compliance with the VA safety testing manual at three (3) or more VA facilities within the past three (3) years.
Technicians shall demonstrate familiarity with and ready access to the current versions of the following references:
NFPA 85, Boiler and Combustion Systems Hazard Code, latest edition.
VHA Boiler Plant Safety Device Testing Manual, 5th edition.
The contractor must provide a list of three (3) reference contacts that have been provided service on similar or identical equipment. The contractor must provide authenticated factory training certificates or credentials (or acceptable substitute as approved by the COR) for any personnel who are working on any VA equipment. The VA specifically reserves the right to reject any of the contractor’s personnel and refuse them permission to work on VA equipment.
B. Conduct of Personnel. The Contractor shall ensure that his personnel present a professional appearance at all times and that their conduct shall not reflect discredit upon this facility or the Department of Veterans Affairs. The Contractor shall remove from the job site any employee for reasons of misconduct or security. The removal from the job site of such a person shall not relieve the Contractor of the requirement to provide sufficient personnel to perform adequate and timely service. All employees shall be legal residents of the United States and be able to understand, speak, read and write the English language.
C. Identification of Employees. : The Contractor shall within 10 calendar days before beginning performance of work provide the Contracting Officer a list of all employees who will perform under this contract. The list shall include the full name, and work assignment of each employee. The Contractor shall notify the Contracting Officer in writing of any addition, deletion or change in work assignment within 10 days of such change. Each of the Contractor's employees shall conspicuously display on their person a badge provided by the Contractor that shall include the full name of the employee, the name under which the Contractor is doing business and a badge serial number.
VI. HOURS OF OPERATION
A. Normal Duty Hours. The Contractor shall have employees available Monday through Friday, except legal public holidays at the times specified to perform routine work and inspections.
B. Federal Holidays. Federal Holidays observed by the VA are:
New Year’s Day; Martin Luther King Day; President’s Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; and Christmas.
VI. CONTRACTOR QUALITY CONTROL
The Contractor shall establish and maintain a Quality Control Program that ensures that all requirements of the contract are provided as specified.
VII. INSPECTION AND ACCEPTANCE
| A. | Final inspection and acceptance by the Government shall be made at the site of each system. |
| B. | Unsatisfactory service will be reported in writing by the CO to the Contractor. |
IX. FIRE PREVENTION AND PROTECTION
The Contractor shall fully acquaint himself and his personnel with the location of fire equipment before work take all prudent measures to minimize fire hazards that result from work, complies with all ordering agency fire and safety regulations.
X. CLEANING UP
The Contractor shall clean up after work, leaving each area where work is performed, neat and clean. All containers, trash and debris for which he is responsible shall be removed. The area immediately around the equipment provided for the Contractor’s use shall be kept in a clean and orderly condition. Trash and waste material shall not be permitted to accumulate but shall be removed by the Contractor’s employees.
XI. SERVICE MANUALS
The VA shall not provide service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSEs all operational and technical documentation, (such as: operational and service manuals, schematics, and parts lists), which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name, and/or the manuals themselves shall be provided to the CO upon request.
XII. SMOKING POLICY
Smoking is prohibited inside all buildings except in designated areas.
XIII. PERIOD OF PERFORMANCE
All work outlined in this scope of work must be completed within the specified frequencies as outlined above.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1001 |
| PSC: J041 |
NAICS: 238220
| 12 |
| mon |
| __________________ |
| __________________ |
Annual Boiler Maintenance and Safety Checks
ORDERING PERIOD 1
9/21/2020 to 9/20/2021
| 1002 |
| PSC: J041 |
NAICS: 238220
| 12 |
| mon |
| __________________ |
| __________________ |
Service Calls
| 1003 |
| PSC: J041 |
NAICS: 238220
| 12 |
| mon |
| __________________ |
| __________________ |
Known needed repairs
| 2001 |
| FSC: J041 |
NAICS: 238220
| 12 |
| mon |
| __________________ |
| __________________ |
Annual Boiler Maintenance and Safety Checks
ORDERING PERIOD 2
9/21/2021 to 9/20/2022
| 2002 |
| PSC: J041 |
NAICS: 238220
| 12 |
| mon |
| __________________ |
| __________________ |
Service calls
ORDERIND PERIOD 2
| 2003 |
| PSC: J041 |
NAICS: 23820
| 12 |
| mon |
| __________________ |
| __________________ |
Known needed repairs
ORDERING PERIOD 2
| 3001 |
| PSC: J041 |
NAICS: 238220
| 12 |
| mon |
| __________________ |
| __________________ |
Annual Boiler Maintenance and Safety Checks
ORDERING PERIOD 3
9/21/2022 to 9/20/2023
| 3002 |
| PSC: J041 |
NAICS: 238220
| mon |
| __________________ |
| __________________ |
Service Calls
| 3003 |
| PSC: J041 |
NAICS: 238220
| 12 |
| mon |
| __________________ |
| __________________ |
Known needed repairs
| 4001 |
| PSC: J041 |
NAICS: 238220
| 12 |
| mon |
| __________________ |
| __________________ |
Annual Boiler Maintenance and Safety Checks
ORDERING PERIOD 4
9/21/2023 to 9/20/2024
| 4002 |
| PSC: J041 12 mon ________________ |
NAICS: 238220
Service Calls
| 4003 |
| PSC: J041 12 mon ________________ |
NAICS: 238220
Known needed repairs
| 5001 |
| PSC: J041 12 mon ________________ |
NAICS: 238220
Annual Boiler Maintenance and Safety Checks
ORDERING PERIOD 5
9/21/2024 to 9/20/2025
| 5002 |
| PSC: J041 12 mon ________________ |
NAICS: 238220
Service Calls
| 5003 |
| PSC: J041 12 mon ________________ |
NAICS: 238220
Known needed repairs
| GRAND TOTAL |
| __________________ |
36C24520Q0653
Page 1 of Page 1 of Page 1 of Page 1 of
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…
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