36C24524Q0080.docx

36C24524Q0080

RFQ 36C24524Q0080

WATER TREATMENT SERVICE

Hershel Woody Williams VA Medical Center 1540 Spring Valley Drive Huntington, WV 25704

This solicitation is intended to procure Water treatment services in accordance with the statement of work.

NAICS: 221310

TYPE OF CONTRACT: This will be a Firm-Fixed-Price Contract

This is a SDVOSB set-aside. Please see section E for Instructions to Offerors.

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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

581-24-1-506-0006 36C24524Q0080 11-01-2023 Jennifer Elkins jennifer.elkins2@va.gov 11-16-2023 15:00

EST

Department of Veterans Affairs Network Contracting Office 5 (NCO 5) 90C

NCO 5

1540 Spring Valley Dr.

Huntington

WV

25704 X X 221310 $41 Million N/A X Hershel Woody Williams VA Medical Center 1540 Spring Valley Drive Huntington

WV

25704 Department of Veterans Affairs Network Contracting Office 5 (NCO 5) Satelite Office 1540 Spring Valley Drive Huntington

WV

25704

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 water treatment services in accordance with the statement of work.

See Section D for Site Visit Instructions and Section E for Instructions to Offerors.

POC: jennifer.elkins2@va.gov See CONTINUATION Page 581-3640162-506-855100-2543 0100501V1 X X X Evelyn Walker Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C245 Department of Veterans Affairs Network Contracting Office 5 (NCO 5) 90C

NCO 5

1540 Spring Valley Dr.

Huntington WV 25704

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

STATEMENT OF WORK PART A – GENERAL INFORMATION

A.1 INTRODUCTION –

The Hershel “Woody” Williams VAMC (VAMC) located at 1540 Spring Valley Drive, Huntington WV, has a requirement for a vendor to perform water treatment services for the Huntington VAMC Boilers, Cooling Tower, Closed Loop Systems and Water Softeners.

A.2 BACKGROUND –

The VAMC has a four-boiler plant, two high temperature hot water heating boilers located at the BRAC and in the Fisher House, and an HVAC System that supplies hot water, steam, and heating. It is necessary to have the water tested regularly to maintain safe, normal operation of Boiler Plant equipment. Left unchecked, other elements inherent to the water in this area will degrade pipes, pumps, and other delivery equipment.

The VAMC owns the chemical feed systems (Pumps and Controller’s) containments and electronic monitoring equipment currently being used on the system and the VA will purchase any additional or replacement equipment as needed or required to include containment and testing equipment.

A.3 SCOPE OF WORK –

The vendor shall provide all labor and supervision to conduct water treatment services for:

· Four (4) boilers in the Boiler Plant

· One (1) high temp hot water heating boiler at the Building 20 (BRAC)

· One (1) high temp hot water heating boiler at the Fisher House

· One (1) Cooling Tower.

· Other water softener and closed loop systems outlined in the scope of work.

The Vendor will provide water testing services and provide recommendations for the proper operation of 26 Closed Loop and Open Loop systems.

The Vendor will provide quarterly preventive maintenance services for three (3) water softener systems (Boiler Plant, Bldg. 2, BRAC) and provide recommendations for the proper operation of each. (October, January, April, and July)

The vendor will provide comprehensive repair service for all Water Softeners as requested by the VA. This additional maintenance and repair, if requested by the VA, will be paid for under separate purchase order.

Chemical Water Treatment Contractor Qualifications:

The contractor shall have been in business at least three years providing chemical treatment of boiler plant and steam distribution systems, cooling water systems, closed loop systems and water softener systems similar in design and annual production rates to that of the Huntington VAMC facility. Provide a list of at least three customers similar to the Huntington VAMC who have utilized the vendor’s services for chemical treatment in the at last three years.

One water treatment specialist who has a bachelor’s degree in chemical engineering or the physical sciences from an accredited college or university shall be assigned to this contract. The water treatment specialist must have at least three years successful experience treating water systems listed in this Statement of Work. The water treatment specialist assigned must be able to respond to requests for assistance within 24hrs of notification. To ensure that any problems that may arise will be promptly taken care of, the Vendor will maintain a twenty-four hour means of contact via answering service or cell phone seven days per week.

The contractor must operate (or continuously maintain a contract with) a state certified laboratory. This laboratory must be capable of performing complete scientific analyses of water chemistry, deposits and metallic materials affected by corrosion. The laboratory and or Water Treatment Company must also provide recommendations for correction of problems related to the chemical and mechanical water treatment program. A Professional Chemist shall supervise the laboratory.

STATEMENT OF WORK PART B – WORK REQUIREMENTS

B.1 Tasks to be accomplished:

GENERAL TASKS FOR ALL SYSTEMS:

(Water Softeners, Boilers, Cooling Tower, Closed Loop Systems and Chillers)

1. Set up all safety equipment necessary when working on VA property.

2. Vendor must chemically treat all systems listed in this Statement of Work and maintain proper residual levels as recommended by the Vendor.

3. Vendor will provide monthly water treatment service and testing, and provide VA with a written report within 10 business days following scheduled service.

The monthly written report will describe all work performed, test results and recommendations. (Consulting reports of treatment procedures, testing and general operating conditions) The Vendor must make necessary adjustments to the chemical feed systems on site the same day the service is conducted.

4. Vendor will be responsible for keeping chemical feed and salt tanks with a sufficient amount of chemical by transferring chemical from drums or other containers into the chemical feed tanks. The Vendor is responsible to ensure that the chemical feed tanks never run empty.

5. Perform all necessary mechanical and chemical testing of the chemical feed system on a monthly basis. Tests will be used to reduce the likelihood of a major system failure, extend the life of the system, reduce repair costs, protect against downtime, and increase energy efficiency.

6. Inspect the waterside of treated systems, as systems are made available by the VA, to monitor performance and results.

7. The Vendor will furnish all chemicals, reagents and labor necessary to perform the services listed in this Statement of Work.

8. The Vendor shall inspect and, to the extent that may be necessary, test all items of the chemical feed system and controls used by the Vendor. The VAMC will make arrangements so that Vendor personnel will have access to the Systems being treated for each scheduled preventative maintenance service visit.

9. Maintain all chemical feed and control equipment for the System. VA will purchase any new equipment or replace worn and broken equipment. Vendor will submit a quote for their installation costs of additional equipment as purchased by the VA.

10. Provide operator training twice per year for general maintenance and operations of the cooling tower.

11. Deliver all products at no additional charge. Vendor shall deliver required products specified within the statement of work during approved work times.

12. All products and services provided beyond the contract scope of work will be billed on a time and materials basis via written quote to the M&O General Supervisor. Such work must be approved in advance, in writing, by the VAMC Engineering Department before work can begin.

13. All chemicals must be in containment. (Material/supplies will not be left on rear loading dock for days or weeks at a time)

14. Provide all chemicals, test kits, test reagents, corrosion coupons, and instructional materials as necessary to comply with all contract requirements.

15. Submit SDS sheets for all chemicals utilized during the performance of services under this contract. The SDS sheets will accompany delivery of the chemicals. A list of chemicals must also be submitted to the facility Industrial Hygienist.

16. All chemical containers shall be labeled with complete information on contents and shall be returnable. Containers with missing labels shall be removed from the site by the Vendor. All shipping containers, to include empty chemical totes, drums and pails, remain the property of the Vendor/Contractor and must be immediately removed from VA Property when they are no longer needed at the site.

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

18. Provide 2 two-hour training sessions within two months of the start of a new contract. The first session shall be within one week of the start of the contract.

19. Visit the plant weekly during the first two months of a new contract. After two months, visit the plant monthly and perform tests listed in this Statement of Work. Review daily logs of tests performed by boiler plant and HVAC personnel. Discuss the test results with the Work Leaders and M&O Supervisors as well as the M&O General Supervisor. Provide recommendations on treatment methods and consult on boiler plant steam and condensate distribution system problems, Cooling Tower problems, Closed Loop System problems and Water Softener problems as requested or needed. Send water samples to the laboratory as necessary to resolve problems and questions. The cost of shipping samples and laboratory services will be included in this contract. Make additional visits at the request of the M&O Supervisors to handle problems.

20. Test corrosion coupons quarterly and provide a report. Vendor will install, remove, have tested and submit a written report to the M&O Supervisor responsible.

21. Any deficiencies or problems noted with VA test results or with the water treatment specialist’s test results are to be reported immediately to the M&O Supervisor responsible. If problems are found, corrective actions must be recommended immediately.

22. Contractor must apply for all applicable construction permits, and receive them before beginning work.

23. All work must be completed in accordance with all local, State, and Federal regulations.

24. Contractor shall provide daily cleanup of work area and trash removal from site including all empty drums, totes, barrels or other empty chemical storage containers. The vendor is responsible to dispose of all empty drums, totes, barrels or other empty chemical storage containers when they become empty or no longer used or needed at the Medical Center.

25. Remote Access: Contractor will respond and make adjustments to alerts the same business day

WATER SOFTENERS:

In the Boiler Plant, the Huntington VAMC has 3 Marlo Commercial Softeners ranging from 96,000 to 1,200,00 grains of hardness with flow rates up to 280gpm. We have 3 top Mount Fleck Timers and Controls with two high density polyethylene brine tanks. The Huntington VAMC uses approx 9,000 gallons of Soft Water per day in the Boiler Plant. The Softener is located in the Boiler Plant (Bldg #3)

In Building 2, The Huntington VAMC has Pentair NXT2 Microprocessor/Digital Controller, 3” Fleck Model 3900 Control Valves, and a Model MST-900-3 Twin Alternating Softener System (Side Mounted) Manufactured by Marlo Inc. This softener can support an estimated facility capacity rate of 19,000 gal/hr.

In Building 20 (BRAC), the Huntington VAMC has one water softening unit working in conjunction with the high temp hot water heating boiler which provides Bldg. 20 with heat and hot water.

Vendor must:

1. Provide and have delivered all softener salt. Salt pellets are the only acceptable form of salt to be used. At no time will granulated salt be acceptable.

2. Conduct Quarterly Preventive Maintenance Service on the Softeners that provide soft water to the Laundry and Sterile Processing Supply (SPS). The Quarterly Preventive Maintenance Service must be conducted during the months of October, January, April and July. The Softener is located in Building 2. Provide Documentation

3. Conduct Quarterly Preventive Maintenance Service on the Softeners that provide soft water make-up to the Boilers located in Building 3. (Boiler Plant) The Quarterly Preventive Maintenance Service must be conducted during the months of October, January, April and July. Provide Documentation

4. Provide comprehensive repair service, as requested by the VA, at additional cost under a separate Purchase Order for items and/or repairs not covered under Preventive Maintenance. This comprehensive repair service will cover both Water Softener Systems (Boiler Plant and Bldg 2)

BOILER PLANT:

The VA has the following boilers that require treatment:

a. Boiler #1 400 HP Johnston

b. Boiler #2 350 HP Kewanee

c. Boiler #3 300 HP Kewanee

d. Boiler #4 350 HP Cleaver Brooks

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

· Conduct waterside inspection of boilers, feed water, deaerator and condensate storage tank at least once per year. Through the Contracting Officer’s Representative (COR), coordinate the boiler and feed water. deaerator inspection to coincide with the inspection by the Qualified Professional Inspector (boiler inspector). VA personnel will prepare equipment for inspection.

· Provide recommendations on wet and dry boiler lay-up procedures and provide chemical treatment for the boilers laid-up. The Huntington VAMC typically has one or two boilers laid-up during the Summer Months. Vendor must also monitor boilers not in service (laid-up) during the monthly visit.

· Provide recommendations on proper operation of continuous boiler blow-down systems and boiler bottom blow-down procedures.

· The charts below list 2021-2022 historical records of usage.

Vendor must treat the facility City Water supply with Phosphate to maintain a residual level of 1 -3 ppm.

Perform the following tests monthly and provide complete written reports with all test results and recommendations. Tests are to be taken on water and steam to compare. Review reports with M&O Supervisor responsible to meet the following:

COOLING TOWER:

The Huntington VAMC has one Cooling Tower with 3 Cells.

Vendor must provide the following:

1. Maintenance, Inspection and Documentation:

· Inspect and adjust chemical metering pumps monthly

· Inspect and clean sample lines monthly

· Inspect and calibrate continuous water chemistry analysis equipment monthly

· Inspect and clean chemical injection quills quarterly

· Inspect and clean secondary chemical containment semi-annually

· Inspect and calibrate instrumentation annually

· Inspect, clean and disinfect cooling tower annually

· Provide VA with a written report within 10 business days following the cleaning. * The cleaning must be conducted during the month of March each year of the contract and during a time frame when the temperature is below 50 degrees during the entire cleaning process. The cleaning must include physical cleaning/power washing of the Cooling Tower exterior and interior to include the Pans, Louvers, fan blades, motor and dispersion nozzles and all debris cleaned from the bottom of the pan. The vendor will be responsible for all aspects of the cleaning.

· Provide quarterly Legionella testing on the Cooling Tower water and condenser water.

* Quarterly Legionella testing will be conducted during the months of October, January, April and July. The Vendor must make any needed chemical feed adjustments on site the same day the service is conducted.

· Provide the Huntington VAMC with a written report within 10 business days following Legionella testing sample acquisition.

· Provide Bag Filters

2. Monitoring and Data Collection: The following operational conditions must be monitored, documented and alarmed by a building control system or equal. All alarms must be documented, and operational conditions must be documented at least hourly and upon significant change in state:

· Biocide levels in the system

· Water Chemistry including pH and conductivity

· Corrosion inhibitor levels

3. Vendor must chemically treat the Cooling Tower water to keep the water and Cooling Tower working as designed. The water in the cooling tower system must be continuously treated based on measured levels of biocide in the system (dosing based on flow is prohibited). At a minimum the treatment must include the following:

· Use of one or more biocides to effectively control the growth of pathogens including Legionella

· Chemical or other agents to minimize scale formation, corrosion and fouling

· A bio-dispersant must be used in conjunction with the biocide to ensure proper treatment

CLOSED LOOP SYSTEMS:

The Huntington VAMC has 26 Closed Loop Systems as indicated below:

Vendor must test each Closed Loop System per the below listed schedule and make written recommendations as to what work needs completed and or chemicals need added in order to maintain the system in proper operating condition. The vendor will be responsible to provide and add the chemicals to each system as needed to maintain chemical residuals as recommended by the vendor. These chemicals and labor costs will be covered under this contract with no additional cost to the VA (With the exception of Glycol). Glycol will be purchased by the VA under separate PO.

The Vendor must provide all test kits and reagents for VAMC HVAC Technicians to conduct weekly testing on all Closed Loop Systems for proper Corrosion Inhibitor levels as well as any other chemical levels deemed necessary by the Water Treatment Vendor.

CHILLERS:

Chillers

Provide Semi-Annual condenser water corrosion analysis and provide VA with a written report within 10 business days following the analysis. This testing will be conducted in the months of October and April of each year of the contract. Vendor must make any needed chemical feed adjustments the same day the service is provided.

STATEMENT OF WORK PART C – SUPPORTING INFORMATION

C.1 Place of Performance – Hershel “Woody” Williams VAMC located at 1540 Spring Valley Drive, Huntington, WV 25704.

C.2 Period of Performance – The Contractor shall perform all services immediately upon contract award. The Contractor shall perform all work during normal business hours, (unless other times are stipulated by the Contracting Officer’s Representative (COR).

The following holidays are observed by the Federal Government (as well as any other day that is declared a national Holiday per an Executive Order issued by the President):

New Year's Day Martin Luther King's Birthday (3rd Monday in January) Presidents Day (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Juneteenth (June 19) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day Christmas Day

Note: If the holiday falls on a Saturday, it is officially observed on the Friday before the holiday. If the holiday falls on a Sunday, it is officially observed on the Monday following the holiday.

C.3 Special Considerations –

C.3.1 Contractor Furnished Materials – All labor, materials, equipment and supervision to perform all aspects of the contract. When “furnish”, “provide”, “install”, or similar term is used it shall mean a complete installation, ready for use. The work will include all items as described in the Scope of Work listed above.

C.3.2 Government Furnished Materials and Services. Government furnished property, if any, will be identified and will only be used for the performance of this contract unless otherwise authorized by the Contracting Officer. The Contractor shall, at all times, take any and all steps necessary for maintenance and preservation of all Government-furnished property. The Contractor shall comply with all reasonable requests of the Contracting Officer to enclose, or specifically protect, Government-furnished property.

C.3.3 Qualifications of Key Personnel – Contractor’s employees should be knowledgeable of standards associated with this type work.

C.3.4 Supervision/Communications. At all times during the performance, the Contractor’s Superintendent (if applicable) shall be available by cellular phone. Prior to beginning any work, the Contractor shall supply the COR with the telephone number for the Superintendent. The Contractor’s “Competent Person” that meets OSHA training guidelines, is capable of making decisions and acting on behalf of the Contractor shall be physically located on site at all times during performance of the contract. If the Contractor’s Competent Person is absent from the job site for an extended period of time, the COR may send all Contractor/sub-contractor employees off the job.

C.3.5 Security Requirements: Contractor shall identify which employees will be working under the awarded contract. Contractor personnel shall include employees, sub-contractors, subcontractor employees, suppliers and delivery personnel entering the Medical Center. This does not apply to suppliers and delivery personnel making deliveries to the VA warehouse dock only. Hours of operations are 8am-4pm EST. Those employees shall bring photo ID to obtain a VA Contractor identification badge that shall be worn above the belt at all times while on Medical Center property. Contractor’s employees shall return all I.D. badges to designated personnel at time designated in the task order.

C.3.6 The Contracting Officer’s Representative (COR) is responsible for the inspection of the work called for in this job. The Contracting Officer’s Representative will be identified in the task order by name, telephone number and location. Inspections made by the COR are for the sole benefit of the Government and do not relieve the Contractor of any quality control responsibilities.

C.3.7 The Safety Manger is responsible for safety inspections of all contract operations. The Safety Manager will be identified in the task order by name, phone number and location.

C.3.8 Drawings – General. Contract drawings (if applicable) will indicate the extent and location of work. If any departure from the contract drawings are deemed necessary by the Contractor, the details of such departure and the reasons therefore shall be submitted to the Contracting Officer for approval as soon as practical. No such departure shall be made without proper written permission of the Contracting Officer. The Contractor is responsible for all information and requirements in drawings and specifications that pertain to the task order.

C.3.9 Verification of Dimensions – The Contractor shall visit the job site to thoroughly familiarize himself with all the details of the work and working conditions. The Contractor shall also verify all dimensions in the field and shall advise the Contracting Officer of any discrepancy before performing any work. The Contractor shall be specifically responsible for the coordination and proper relation of his work to the building, structure, phasing and ensure the safety of employees and workmen.

C.3.10 Smoking Policy. The Contractor shall not allow smoking in any building. The Contractor shall ensure employees smoke only in designated outdoor areas, 50 feet away from buildings.

C.3.11 Parking/Traffic Regulations. The Contractor shall not park on grassy areas unless approved by the COR and the Contractor agrees to restore areas back to VA standards. Drivers should be particularly concerned with pedestrian traffic. Yield to pedestrians in crosswalks. Posted speed limits and all other traffic controls are to be observed by operators at all times. Seat belt use is mandatory on the VA grounds.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

WATER TREATMENT SERVICES AND SUPPLIES

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: B533 - Special Studies/Analysis - Water Quality

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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:

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (10) 52.209-9,…