36C24523Q0498-PERRY PT WATER TREATMENT-FFP.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

512-23-2-641-0028

36C24523Q0498

JOHN RITTER JOHN.RITTER2@VA.GOV 04-20-2023

9:00 EDT

Department of Veterans Affairs

VAMC

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

X 100

X

541990

$17 Million

N/A

X

VAMC (512) FMS

BOILER PLANT

PERRY POINT MD 21902

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

Contractor shall provide all water treatment chemicals and technical support for Perry Point Boilers, Chillers, and water filtration plant. See Statement of Work/Schedule.

PERIOD OF PERRFORMANCE (POP):

BASE: MAY 1, 2023 TO APRIL 30, 2024

OPTION YEAR 1: MAY 1, 2024 TO APRIL 30, 2025

OPTION YEAR 2: MAY 1, 2025 TO APRIL 30, 2026

OPTION YEAR 3: MAY 1, 2026 TO APRIL 30, 2027

OPTION YEAR 4: MAY 1, 2027 TO APRIL 30, 2028

CONTRACT SHALL BE FIRM FIXED PRICE BASE PLUS FOUR OPTION YEARS

SITE VISIT 4/12/2023 @0930 SEE ATTACHED DOCUMENT.

Questions Due by 4/14/2023 9:00 AM EST Quotes Due by 4/20/2023 9:00 AM EST Email Questions and Quotes to John.Ritter2@va.gov

See CONTINUATION Page

X X

X 1

BRADLEY S DAVIS

VA-VHA-2020-8952A45B

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

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 (SOW)

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 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

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 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 PERRY POINT, MD WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

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 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 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] PER MONTH

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

1,800.00 EA __________________ __________________

Chemicals for total water treated used for steam and cooling, per 10,000 gallons. Gallons per year makeup 14-18 Million gallons per year. (use 18 Million for calculation purposes.)

Contract Period: Base POP Begin: 05-01-2023 POP End: 04-30-2024 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

1.00 YR __________________ __________________

Technical Support, Microbiological Testing, and Consulting services.

Contract Period: Base POP Begin: 05-01-2023 POP End: 04-30-2024 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services gallons. Gallons per year makeup 14-18 Million gallons per year. (use 18 Million for calculation purposes.)

Contract Period: Option 1 POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 1 POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services gallons. Gallons per year makeup 14-18 Million gallons per year. (use 18

Million for calculation purposes.)

Contract Period: Option 2 POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 2 POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services gallons. Gallons per year makeup 14-18 Million gallons per year. (use 18 Million for calculation purposes.)

Contract Period: Option 3 POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 3 POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services gallons. Gallons per year makeup 14-18 Million gallons per year. (use 18 Million for calculation purposes.)

Contract Period: Option 4 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 3 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

GRAND TOTAL __________________

B.3 STATEMENT OF WORK (SOW)

PERRY POINT BOILER WATER CHEMICAL & COOLING TOWER TREATMENT SERVICES

STATEMENT OF WORK

A. Chemical Water Treatment Vendor will provide services and products which are approved for this specific application. This is a need-based service, varied price maintenance, repair, and technical support agreement For the boiler plant, Vendor will provide a 25-40% alkaline catalyzed sodium bisulfite oxygen scavenger to remove dissolved oxygen from the feed water and boiler water which leads to pitting of system metallurgy. Vendor will also provide advanced polymer treatment, 25% active sodium hydroxide alkalinity treatment to help prevent deposition of minerals on the boiler heat transfer surfaces. Vendor will provide a triple blend of neutralizing amines (DEAE, Cyclohexylamine and morpholine) to neutralize the carbonic acid that naturally forms when steam condenses to a liquid. This is required to protect return line metallurgy from corrosion and premature failure.

The vendor will also provide FlexPro advanced polymer treatment with halogen stable technology or approved equal for the condenser water systems to protect the condenser water systems from corrosion and scaling. Vendor will provide an oxidizing biocide stabilized liquid bromine and a non-oxidizing biocide consisting of 4% isothiazoline to control and protect the systems from microbiological organisms in accordance with ASHRAE, OSHA, CDC, and COOLING TECHNOLOGY INSTITUTE standards for Legionella Risk Minimization. They will provide legionella testing on all four cooling tower systems every 90 days. The testing will include three samples per system and shall be taken from the cooling tower sump, inlet to the condenser and outlet from the condenser. A total of (36) legionella tests shall be included in the proposal.

Legionella tests must be sent to a third-party independent laboratory that follows CDC Environmental Techniques Evaluation (ELITE) protocol.

B. General The Contractor shall provide the chemicals, consulting services, and the handling of all chemicals (except testing reagents) as required to control corrosion, microbiological growth, scale, algae, and slime in all heat transfer equipment and the associated systems. These systems include the potable water, boiler water, and the open loop condenser water systems.

All chemicals supplied by the contractor shall be specifically formulated for the system in which they are being used according to the recommendations of a qualified chemist or laboratory.

All chemicals, except for solid products, shall be delivered using BULK delivery system for the boiler chemistry and NEAT delivery for the cooling tower chemistry using bulk and neat delivery double-walled storage tanks. The chemicals specified shall conform to all existing local, state, and federal regulations regarding water pollution, and have appropriate EPA registration and FDA approval where applicable.

The contractor shall also warrant that the chemicals used in the water treatment program shall have no detrimental effect on any surfaces of the systems being treated and will bear the costs of any repairs made necessary by their use. To ensure quality control, the contract company shall be ISO-9000 certified.

Invoices submitted to the VA need to include a copy of the delivery ticket showing the necessary proof the product was delivered to the Perry Point VA Medical Center. Submit sperate invoice for each delivery ticket.

C. Contractor Qualifications The contractor shall provide evidence of experience in providing cooling water, boiler water, closed system, and condensate system treatment services of the types and to the extent as outlined in these specifications. Due to the extensive capital costs involved with our equipment, an experienced water treatment company is required. The Contractor shall provide evidence of successfully conducting such operations for a period of not less than twenty (20) years.

The contractor shall own and operate laboratory facilities capable of performing a complete range of analytical work to assist with the monitoring, control, and troubleshooting of the facilities water systems. The successful vendor shall have a completely staffed laboratory that has at least two Ph.D.’s in chemistry or related sciences. The vendor shall provide the name of the Ph.D.-level laboratory personnel, including educational background.

All field personnel for the contractor servicing our facility must have a college or university degree in a technical discipline and have at least 20 years of water treatment experience.

Contractor shall have at least two backup personnel who also have at least 10 years of water treatment experience.

Since the facility will rely on the contractor for his/her troubleshooting expertise and problem solving capabilities, the Service Engineer from the contract company must be a degreed engineering professional. The primary representative must currently provide the same size and scope of service required by our facility to at least one other federal government campus customer in Maryland. Customer name, phone number and reference information must be included in bid package. Failure to include will render the bid unresponsive.

The Contractor laboratory facility shall be equipped to run the following: water analyses, deposit analyses, corrosion coupon analyses, microbiological analyses, ion exchange resin analyses, and metallurgical analyses.

Contractors primary service representative for this account shall have the following certification within the past year-OSHA 30 Hour Safety Training. The primary representative shall also have OSHA approved HAZWOPER 40 Hour Training Certifications with annual refresher. Proof of certifications shall be submitted with bid package. At least one backup representative must have OSHA 30 Hour Safety Training. Proof of certification for backup representative must be submitted with bid package. The facility uses Walchem microprocessors to properly feed and control the blowdown and chemical feed to the condenser water systems and boiler water systems. Since these microprocessors are critical to our operations, the primary service representative and backup representative must be factory certified by Walchem into their use and operation. Training certificates must be submitted with bid package or bid will be rendered unresponsive.

D. Technical Support The vendor shall have a fully staffed technical support group, including a licensed professional engineer. These personnel shall be available for consultation during normal business hours of the facility. The vendor shall submit a list of at least three (3) members of this support group, including their qualifications, phone numbers and normal working hours.

E. Microbiological Testing The facility is concerned with bacterial control in water systems and the potential growth of Legionnaire’s Disease Bacteria (LDB). The vendor shall provide laboratory data concerning biocidal efficacy in controlling LDB growth. The vendor shall provide chemicals to comply with the COOLING TECHNOLOGY INSTITUTE (CTI) “Legionellosis Guideline: Best Practices for Control of Legionella”. Contractor shall assist facility in development of a HACCP plan in Accordance with ASHRAE Standard 188P.

F. Insurance Requirements The vendor shall supply a certificate of insurance indicating the types and amounts of insurance provided. The contractor shall assume the entire responsibility for and shall indemnify and save harmless the V.A. of and from all liability for injury to person, death or property damage resulting from or in any way related to the performance of the work under contract.

The contractor shall also carry Comprehensive General Liability Insurance as respects bodily injuries or death in the amount of $2,000,000, property damage in the amount of $100,000 and Comprehensive Automobile Liability Insurance including all owned, and hired vehicles, with a $1,000,000 combined single limit, unless otherwise required, and shall furnish to the V.A. a certificate thereof containing such indemnification.

G. Field Service Capabilities The vendor will have the capability of conducting the following on-site field tests:

*Microbiological studies *Corrosion studies using corrosion coupons *Fiber-optic equipment inspections *Steam purity studies *Elution studies *Test heat exchanger studies *Dissolved oxygen studies *Spectrophotometric testing

H. In-House Regulatory Affairs To assure that all water treatment programs comply with local, state, and federal laws on environmental protection, the vendor shall have an in-house regulatory affairs group. The vendor shall provide the name and phone number of the supervisor of this group as well as documentation as to this group’s capabilities.

I. Equipment Repair and Replacement All pumps, controllers, water meters, piping, controls, solenoid valves, timers, and interlocks required to meet these specifications and not presently installed, shall be furnished, and installed by the veteran’s administration.

If the COR and the contractor agree that a conductivity controller, component, or pump is irreparable, the COR shall have a purchase order issued to the contractor for a replacement.

The treatment contractor shall recommend new controllers and pumps. The water treatment contractor shall coordinate replacement of special application equipment.

Replacement of defective auxiliary equipment such as water meters, solenoid valves, motorized valves, timers, and interlocks, shall be directed by the COR. The Veteran’s Administration shall bear the cost of the equipment and installation if not installed in house.

J. Chemical Identification, Handling and Storage The contractor shall post complete and updated Safety Data Sheets (SDS) that meet OSHA hazardous communications standards adjacent to each chemical feed station. A second set shall be provided to the COR.

The vendor must supply a 24-hour, 7 day per week emergency response group who can be called for emergency information regarding chemical spills and/or accidents involving his products. The vendor shall submit the emergency phone number and a sample of documentation outlining instructions for reporting accidents and chemical spills.

K. Training The vendor shall provide operator training that includes chemical testing, reporting, and understanding the chemical program’s test results. Training Program to include reference manuals and audiovisual training of at least 4 hours of cooling operator training.

L. Testing Requirements The contractor shall draw samples from each system as necessary, but not less than once monthly, and shall test for:

Systems Control Range

Condenser Water Systems pH 9.0 maximum Cycles 4-6 Conductivity 1500 maximum (mmhos) Cu less than 0.20 ppm Fe less than 0.50 ppm Halogen (chlorine./bromine)

0.5-1.0 ppm Free residual or per label guidelines.

TTA >1.0 ppm ORP 300-500 mV Total Hardness Record

Microbiological <10,000 colony forming units per ml (bulk water)

Boiler Water Systems

Softener Total Hardness 0-1 ppm Conductivity Record

Dealkalizer Total Hardness 0-1 ppm Conductivity Record M-Alkalinity 0-30 ppm

Feedwater Total Hardness 0-1 ppm Conductivity Record

Boilers Conductivity 3500 mmhos max.

p-alkalinity 200-600 ppm QuadraSperse 200-400 ppm Sulfite 40-60 ppm

Condensate Total Hardness 0-1 ppm Conductivity Record pH 8.0-9.0

While on site, the contractor shall review the building’s daily water treatment logs with the engineers. The contractor shall furnish a monthly report, to be completed on site that shall contain the following information:

M. Contractor Tests Results Results of inspection of water treatment equipment to insure proper operation.

Results of inspection of cooling tower for leakage and overflow.

Results of cooling tower bleed solenoid for proper operation, record makeup and blow down water meter readings.

Notation that the engineer is or is not keeping an in-house test log and biocide test strip record and recommended corrective action for any deficiencies determined from the engineer’s test log and discussions with the engineer.

Note and recommend any corrective action for any deficiencies determined by the contractor’s test. Notation of any changes made to the controllers or pumps. Previous and present closed system and boiler make-up water meter readings. Water balance information to show systems are not scaling. One copy of the report is to be emailed and duplicate copies are to be submitted to VA Shop Supervisor.

N. Equipment Settings and Adjustments The contractor shall perform or supervise all adjustments to conductivity controllers, timers, and pumps. Independent Testing: on a random basis, at the VA’s discretion, the V.A. may require the contractor to draw a duplicate sample from each system and leave it at the property to be sent for analysis by an independent laboratory. The VA shall bear the cost of the independent test.

The following information must be supplied with each sample requested by the V.A.:

Complete address and building system identification.

Name of person to contact for information about the sample.

Identification of the chemical treatment used to include company name and chemical treatment identifications.

O. Contractor Response The contractor shall arrive on site for all emergency calls within four (4) hours from notification.

P. Corrosion Coupons The contractor shall run corrosion coupon tests on the open recirculating systems for mild steel and copper, continuously on 60–90-day intervals. The contractor shall furnish a written report documenting corrosion rates in mils/year on 60–90-day intervals. Corrosion rates shall be maintained below 1.0 mils/year for mild steel (average corrosion) and below 0.1 mils per year for copper coupons (average corrosion). Failure to maintain specified corrosion levels can result in the termination of contract for cause.

Complete Water Analyses The contractor shall perform a complete water analysis on all systems quarterly. These samples should be sent to the contractor’s laboratory for the analysis.

Q. Project list To provide this location with optimum efficiency and effectiveness from the water treatment program, the contractor will establish a project list for each system treated. The project list contains special items that are to be accomplished by plant personnel, the contractor, or both.

Items on the list are mutually agreed upon as being important / necessary. Each project on the list is given a priority, estimated starting and completion dates. The project list is reviewed and updated during regular review meetings.

R. Treatment Chemicals, Cooling Tower Treatment The cooling tower shall be treated with a liquid scale and corrosion inhibitor, containing FlexPro technology or technically approved equal, Halogen stable yellow metal corrosion inhibitors, mild steel corrosion inhibitors, and scale inhibitors. The products must effectively control corrosion and scale of ferrous metals, copper, bronze, brass and galvanized. For water conservation purposes, tower cycles must be maintained at 4-6 cycles of concentration at a pH of 9.0 max. The VA doesn’t want pH control using acid or related compounds.

Program must keep corrosion rates below 1 mil per year for mild steel (average corrosion) and below 0.1 mils per year for copper (average corrosion). Program must keep heat transfer surfaces free of mineral scale or other deposits. If mineral scale or other deposits are found, the contractor shall chemically and mechanically clean the equipment using his own manpower at his own cost. There are (4) cooling towers at the Perry Point VA Medical Center. The cooling towers are operational April, May, June, July, August, September, October, November.

Sampling of each cooling tower for Legionella by culture methodology must be performed within 7 days of startup and every 90 days during periods when the cooling tower is operational or operational-ready (i.e., cleaned, disinfected, full of water and ready for operation). At a minimum, samples must be collected from each basin/sump, and the supply to and return from the chillers. The facility is concerned with bacterial control in water systems and the potential growth of Legionnaire’s Disease Bacteria (LDB). The vendor shall provide laboratory data concerning biocidal efficacy in controlling LDB growth. Total of 36 Legionella test per year.

The vendor shall provide chemicals to comply with the Cooling Technology Institute (CTI), “Legionellosis Guideline: Best Practices for Control of Legionella” and VA Directive 1061 (2021) Appendix D, “Prevention of Legionella Disease from cooling towers at Department of Veterans Affairs Medical Facilities”. Contractor shall assist facility in development of a Hazard Analysis and Critical Control Point (HACCP) plan in Accordance with ASHRAE Standard 188P.

S. Biocides All biocides must be registered with the US Environmental Protection Agency. The contractor shall provide a stabilized solid oxidizing biocide as the primary biocide. The contractor shall add the oxidizing biocide or alternative product in accordance with label instructions or manufacturer’s guidelines, and sufficient to maintain the desired free halogen residual.

The contractor shall also provide a non-oxidizing biocide that has proven effective in the control of aerobic slime forming bacteria, algae, fungi, yeasts and molds and other organisms. The nonoxidizing biocide shall be either 4% Isothiazolin or 50% Gluteraldehyde.

The contractor shall provide necessary potable water treatment that must be NSF approved and recognized and approved by MDE for use in potable water treatment facilities. The potable water treatment plant coagulant shall be USALCO DELPAC 2020 or approved equal. Jar testing shall be conducted on any approved equal at the contractor’s expense. Coagulant deliveries shall also be delivered via bulk tanker trucks in 1,000--1,500-gallon loads using a 2” camlock type hose.

T. Operating Data Steam production-=156,510,000 pounds per year 2021 Condensate Return-0% for calculation purposes Gallons per year makeup 14-18 million gallons per year Domestic Water Production =approximately 140 million gallons per year Assume Feedwater dissolved oxygen content is 2 ppm Natural gas use for boilers is 169,798,000 CCF per year in 2021 Boiler Pressure is 100psi Monthly service required and as needed at no extra cost Monthly legionella tests per year on all tower systems

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 852.219-73 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 service-disabled 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 service-connected, 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 service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 https://www.vetbiz.va.gov/vip/

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.

(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 set-asides, 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…