36C24523Q0369-SEWAGE SERVICES BALTIMORE.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

512-23-3-641-0064

36C24523Q0369 03-01-2023

JOHN RITTER JOHN.RITTER2@VA.GOV 03-15-2023

9:00 AM EST

Department of Veterans Affairs

VAMC

John.Ritter2@va.gov 10 N Greene St Baltimore MD 21201

X 100

X

562211

$41.5 Million

N/A

X

VAMC(512) BALTIMORE

10 N GREENE STREET

BALTIMORE MD 21201

VAMC

John.Ritter2@va.gov 10 N Greene St Baltimore MD 21201

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

THIS SHALL SETUP A CONTRACT FOR A BASE PLUS 4 OPTION YEARS.

BALTIMORE VAMC POWDERED BACTERIA/ENZYME DRAIN MAINTAINER

AND SEWAGE TREATMENT SERVICES.

SEE SCHEDULE/STATEMENT OF WORK (SOW).

PERIOD OF PERFORMANCE:

BASE: 4/1/2023 - 3/31/2024

OPT 1: 4/1/2025 - 3/31/2025

OPT 2: 4/1/2026 - 3/31/2026

OPT 3: 4/1/2027 - 3/31/2027

OPT 4: 4/1/2028 - 3/31/2028

SITE VISIT:BALTIIMORE VAMC 3/8/2023 1:00 PM EST SEE ATTACHED

Questions Due by 3/10/2023 1:00 AM EST Quotes Due by 3/15/2023 9:00 AM EST Email Questions and Quotes to John.Ritter2@va.gov

See CONTINUATION Page

X X

JOHN RITTER

VA-VHA-RPOE-2022-225781

mailto:JOHN.RITTER2@VA.GOV mailto:John.Ritter2@va.gov mailto:John.Ritter2@va.gov http://www.fsc.va.gov/einvoice.asp

36C24523Q0369

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN OWNED SMALL BUSINESSES (NOV 2022)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

C.6 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 SEE ATTACHED DOCUMENT: WAGE DETERMINATION BALTIMORE

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 FAR 52.212-1, “INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS” (OCT

2018)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C245

VAMC

John.Ritter2@va.gov 10 N Greene St Baltimore MD 21201

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] UPON COMPLETION OF JOB

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

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

The Contractor shall provide all personnel, management, materials, parts, equipment, supplies, labor and transportation in the delivery of pellet size enzymes maintainer and sewage treatment for the main kitchen located on the basement level and the Canteen kitchen located on the 2nd level of the hospital. SEE SHCHEDULE/STATEMENT OF WORK (SOW).

Contract Period: Base POP Begin: 04-01-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage equipment, supplies, labor and transportation in the delivery of pellet size enzymes maintainer and sewage treatment for the main kitchen located on the basement level and the Canteen kitchen located on the 2nd level of the hospital. SEE SHCHEDULE/STATEMENT OF WORK (SOW).

Contract Period: Option 1 POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal equipment, supplies, labor and transportation in the delivery of pellet size enzymes maintainer and sewage treatment for the main kitchen located on the basement level and the Canteen kitchen located on the 2nd level of the hospital. SEE SHCHEDULE/STATEMENT OF WORK (SOW).

Contract Period: Option 2 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal equipment, supplies, labor and transportation in the delivery of pellet size enzymes maintainer and sewage treatment for the main kitchen located on the basement level and the Canteen kitchen located on the 2nd level of the hospital. SEE SHCHEDULE/STATEMENT OF WORK (SOW).

Contract Period: Option 3 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal equipment, supplies, labor and transportation in the delivery of pellet size enzymes maintainer and sewage treatment for the main kitchen located on the basement level and the Canteen kitchen located on the 2nd level of the hospital. SEE SHCHEDULE/STATEMENT OF WORK (SOW).

Contract Period: Option 4 POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

STATEMENT OF WORK (SOW)

BALTIMORE POWDERED BACTERIA/ENZYME DRAIN MAINTAINER AND SEWAGE

TREATMENT

1. SCOPE OF WORK:

The Contractor shall provide all personnel, management, material, parts, equipment, supplies, labor, and transportation in the delivery of the pellet type enzyme maintainer and sewage treatment for the main kitchen and canteen area Delivery shall be done routinely each month and coordinated with the COR responsible. The Bio-amp delivery system will be maintained and repaired by the contractor at no cost to the government. All work shall be performed at the Department of Veterans Affairs Medical Center, 10 North Greene Street, Baltimore, Maryland 21201 in accordance with all terms and conditions of this contract. Contract Period of Performance (POP) will be for the period APRIL 1, 2023, to MARCH 31, 2024 tentative BASE PLUS FOUR. See preventative maintenance requirements section IV for breakout.

DEFINITIONS/ACRONYMS:

A. Contract Discrepancy Report (CDR): A report that the Government shall complete and issue to the Contractor when service is unsatisfactory and not in compliance with the terms and conditions of the contract. The Contractor is required to complete and return this form to the COR whenever performance is unsatisfactory. The CDR requires the Contractor to explain, in writing, the cause of the unsatisfactory performance, how performance will be returned to acceptable standards, and how reoccurrence of the problem will be prevented in the future.

B. Contracting Officer (CO): The individual with the authority to enter, administer, and/or terminate contracts. The CO is the exclusive Government official authorized to execute changes and deviations or variations in the contract.

C. Contracting Officer's Representative (COR): A Government representative, designated in writing by the Contracting Officer, to be responsible for quality assurance, inspection, surveillance, documentation and acceptance of the Contractor's performance. A copy of the letter of designation will be provided to the Contractor.

Preventive Maintenance (PM): Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions. To clean, lubricate, calibrate, test, and replace faulty or worn parts and/or parts which are likely to become faulty, fail or become worn, repair, or adjust components, or assemblies of Components as necessitated by wear tear, damage, or failure of parts, returning the equipment and/or instrument to the operating condition defined in the manufacturer's specifications.

E. Repair Cost Estimate: The Contractors estimated cost (for parts, labor and freight) to repair a system according to manufactures' specification and requirements.

F. Time: When hours are given it shall mean clock hours exclusive of Saturdays, Sundays and Holidays unless otherwise specified (i.e., I :00 P.M. Monday to I :00 P.M. Tuesday equals 24 hours; 12:00 P.M. Friday to 12:00 P.M. Monday equals 24 hours). If days are indicated it shall mean calendar days including Saturdays, Sundays, and Holidays.

G. Rework. Any work the Contractor is required to accomplish due to unsatisfactory performance or nonperformance in accordance with the stated quality and level of effort specified in the contract. Rework is performed at no additional cost to the Government.

H. ESR. Vendor Engineering Service Report. A documentation of services rendered for each incidence of work performance under the terms and conditions of the contract.

I. Acronyms. Commonly used acronyms are listed below:

FSE: Field Service Engineer

AQL: Acceptable Quality Level

IAW: In Accordance With

QA: Quality Assurance

QC: Quality Control

SOW: Statement of Work

VA: VA Medical Center Contracting Officer

CO: Contracting Officer

COR: Contracting Officer's Representative

FES: Facilities and Engineering Service

III. PREVENTIVE MAINTENNANCE REQUIREMENTS:

A. Contractor shall maintain and introduce bio bacteria into main drain lines to digest grease fats and oils. Contractor shall service and maintain x2 drain units (Basement & Second Floor) and drain cobra (2nd Floor).

B. Unless otherwise scheduled, monthly, provide routine testing and inspection of the Bio-amp bacteria/enzyme drain maintainer. Inspection shall include:

1. Checking connections for leaks and deteriorations upon each visit.

2. Checking supply and discharge water lines (hoses) for noticeable leaks or corrosion to the machine monthly.

3. Clean and refill pellet hopper monthly.

4. Check program diagnostics for faults or failures in system monthly.

5. Vendor will furnish and apply all chemicals.

6. Onsite staff will be responsible for repairs to building service related to the systems overall ability, however contractor is responsible for any/and all internal repairs associated with system operation. All deficiencies such as corrosion, pitting, scale, etc., shall be repaired or replaced by vendor for the Bio-amp system.

7. The vendor will perform unscheduled service calls at no additional charge during normal business hours as required to fulfill the requirements of this contract provided the calls are not a result of tampering or abuse by unauthorized personnel or damage caused by others.

8. Provide a monthly service report to be turned into the COR on operational performance of the system.

THIS WILL INCLUDE THE FOLLOWING:

C. The Contractor will contact the COR to schedule a PM at least seven (7) 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.

D. All work will be performed between the hours of 7:00 am and 4:30p.m. on the prearranged dates.

Required to clean the drain lines continuously under the kitchen and canteen areas in the Baltimore VA hospital. This service will prevent major sewage backups in the areas where cooking occurs, and heavy grease build up occur in the hospitals sanitary system.

Unless otherwise scheduled, monthly, provide routine testing and inspection of the Bio- amp bacteria/enzyme drain maintainer. Inspection shall include:

E. All inspection work must be coordinated through the COR: Supervisory, maintenance and Operations Facilities and Engineering Service 10 North Greene Street Baltimore, Maryland 21201 Telephone: (410) 605-7000 ext. 6040

IV. CONTRACTOR PERSONNEL:

A. Personnel Experience. All work shall be performed by competent mechanics, 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 approved mechanics. Personnel shall have a minimum of three (3) years recent experience related to this work. 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 always present a professional appearance 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 and 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. However, final inspection and acceptance do not preclude the Government's right to inspect completed work prior to shipment from the Contractor's shop nor does it waive any rights of the Government.

B. Unsatisfactory service will be reported in writing by CO to the Contractor.

C. Telephone Answering Service: The Contractor shall maintain, at his own expense, a dedicated (tie-line) toll-free telephone answering service for the exclusive use in the performance of this contract. This answering service shall be monitored during normal work hours as identified in the specifications.

D. Radio Dispatch System: It is recommended but not mandatory that the Contractor utilizes a radio dispatch system for directing and dispatching personnel in response to maintenance service calls. In the event the use of radio dispatch is elected for use; it shall be the Contractors responsibility to obtain all permits, licenses, frequency allocations and antennas, all accessories necessary for send or receive operation at no additional cost to the Government. An expanded radio system could possibly be utilized in conjunction with or instead of the telephone answering service described in the paragraph above.

VIII. REMOVAL AND/OR DISPOSAL:

A. Removing Government-Owned Material: All property removed remains the property of the U.S. Government and shall be returned by the Contractor to a place of storage as designated by the CO or COR.

B. Salvage: Items received by the Contractor that are non-repairable because of condition, or declared unfit for economical rehabilitation by the Contractor, shall be returned to the Government. All salvage reP1aining in the Contractor's shop si1all remain Government property and be used for repair of any Government-owned equipment when released by the CO. The Contractor shall be required to maintain an accountable record of inventory upon completion of the maintenance contract.

C. Inventories shall not be disposed of by the Contractor without inspection and written approval of the CO. Salvaged parts used in the repair of any government owned equipment shall be treated by the Contractor as Government furnished material and reflected as same on Contractor's invoices when submitted for payment. All salvage in the possession of the Contractor, upon expiration of the contract, will be returned to the Government within thirty (30) days after such expiration.

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. ENERGY CONSERVATION:

The Contractor is required to comply with all energy conservation regulations and instructions that are applicable to Government-owned facilities including but not limited to thermostat settings.

XI. 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.

XII. HAZARDOUS CONDITIONS:

While performing work under this contract, should the Contractor find serious or hazardous conditions existing with or in any of the equipment the Contractor shall secure the equipment and immediately notify the COR.

XIII. CLEANLINESS:

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.

XIV. 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.

XV. INSURANCE:

A. Worker compensation and employer's liability. Contractor and any subcontractor covered under this contract are required to comply with applicable Federal and State Worker's Compensation and occupational disease statutes.

B. General Liability. Contractor and any subcontractor covered under this contract are required to have Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

C. Property Damage Liability. Contractor and any subcontractor covered under this contract are to have Property Damage Liability insurance coverage of at least $500,000.

D. Contractor shall provide proof of liability insurance within five (5) days after contract award.

XV.

SMOKING POLICY:

Smoking is prohibited inside all buildings except in designated areas.

XVI. BILLING AND PAYMENT:

A. Each invoice shall contain the documentation required by this contract. The invoices shall be itemized to contain the equipment's identifier. When parts are furnished by the Government, they shall be itemized on Contractor's invoice at no-cost and indicated as Government-furnished parts.

B. Contractor will forward invoices to the following address: VAFSC P.O. BOX 149971 AUSTIN, TX 78714

Payment. Payment will be made 30 days in arrears upon receipt of properly prepared invoice.

Invoice must contain the contract number and the appropriation number.

XVII. PRICING SUBMITTAL:

The annual pricing of the contract should be itemized by the bidders to reflect a cost per unit

PM.

XVIII. VENDOR REQUIREMENTS:

1. The contractor must employ mechanics and technicians that are trained in the applicable codes, standards, and manufacturer requirements for water treatment and testing services.

Supervision must be by a professional engineer.

2. The contractor must have at least 5 years' experience satisfactorily performing such maintenance on comparable units, equipment, or systems.

3. The contractor must have sufficient supplies, tools, and equipment to perform all requirements of this contract.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 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

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.217-8 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 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES (NOV 2022)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a servicedisabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/;

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is serviceconnected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by servicedisabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

https://www.vetbiz.va.gov/vip/

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including setasides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases).

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated.