36C24524Q0380 SPS Water DCVAMC Final.pdf

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Z1NE--DCVAMC SPS Water Service Request for Quote 5 Year IDIQ 688-24-2-452-0021
Solicitation number
36C24524Q0380
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This document is a Request for Quote (RFQ) for a 5-year Indefinite Delivery Indefinite Quantity (IDIQ) contract to provide on-site maintenance, testing, shipping, delivery, and repair services for the critical water treatment system supplying the Sterile Processing Services (SPS) department at the Washington DC VA Medical Center. The contractor shall maintain the system to the standards set by AAMI ST108. The required services include preventative maintenance, chemical and ozone disinfection, filter exchanges, and water testing. The contract will be funded through task orders based on a price schedule. Site visits are required by 4/24/24 and quotes are due by 5/01/24. The contract is set aside for small businesses, with a NAICS code of 221310 - Water Supply and Irrigation Systems. The government will make award on 5/01/2024, with a 5-year base period of performance. Hourly rates are provided for standard, after-hours, and emergency services.

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PAGE 1 OF 1. REQUISITION NO.

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

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

688-24-2-452-0021

REQUEST FOR QUOTE

36C24524Q0380

6. SOLICITATION ISSUE DATE

4-17-2024

William Chris Galletta william.galletta@va.gov 04-29-2024

10 AM EDT

90c

Department of Veterans Affairs

VAMC

10 N Greene St

Baltimore MD 21201

X 100

X

221310

$41 Million

N/A

X

90c

Department of Veterans Affairs

DCVAMC (688) FMS

50 North Irving St.

Washington DC 20422

90c

Department of Veterans Affairs

VAMC

Services Team One

10 N Greene St

Baltimore MD 21201

Please review Section E of this RFQ

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment

Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp

Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

The Contractor shall provide an on-site maintenance, testing shipping, delivery, and repair services necessary to maintain the critical water treatment system supplying the sterile processing department and SPS equipment in a first-class operating condition.

Must meet the standards set by AAMI ST108.

SEE STATEMENT OF WORK AND PRICE/COST SCHEDULE FOR DETAILS

Site Visit Request due by: 4/24/24 Quotes Due: 5/01/24 Period of Performance is estimated

Point of Contact for Requests and Quotes:

William.Galletta@va.gov

See CONTINUATION Page

X X

X 1

Bradley S Davis

VA-VHA-2020-8952A45B

mailto:william.galletta@va.gov mailto:William.Galletta@va.gov

36C24524Q0380

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 45

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

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION DC

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND

SERVICES

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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 Bradley.Davis3@va.gov

Department of Veterans Affairs

VAMC

Services Team One

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] Monthly 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:

AMENDMENT NO DATE

mailto:Bradley.Davis3@va.gov

B.2 STATEMENT OF WORK

1.0 INTRODUCTION

The objective of this contract is to provide to Washington DC VA Medical Center, 50 Irving St

NW, Washington, DC 20422, maintenance, water testing, and services on the Sterile

Processing Services (SPS) critical water treatment systems on behalf of sterile processing department in order to maintain it to the standard of AAMI ST108. Contractor shall provide all parts, labor, shipping, and transportation necessary to perform this service as per the attached price list. For clarification purposes, CO in this contract refers to the Contracting Officer and

Site POC refers to the Contracting Officer’s Representative.

2.0 SCOPE

The Contractor shall provide an on-site maintenance, testing, shipping, delivery, and repair services necessary to maintain the critical water treatment system supplying the sterile processing department and SPS equipment in a first-class operating condition and within the standards set by AAMI ST108. Contractor personnel will check in and out with the Sterile

Processing Supervisor and the Bio-Med Supervisor. Services shall be funded through task orders according to a mutually agreed upon price list. Hours of operation for the Washington DC

SPS department are from 6:00 a.m. to 11:00 p.m. Monday through Friday excluding holidays.

Services may be required outside of normal working hours or on weekends to avoid interruptions to Sterile Processing operations.

Normal Working Hours

DC VAMC’s normal working hours are Monday-Friday, 8:00 am to 4:30 pm, excluding observed

Federal holidays:

New Year’s Day Labor Day

Martin Luther King’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Juneteenth Christmas Day

Independence Day Any other national holiday as declared by the President of the United States

3.0 EQUIPMENT

EQUIPMENT QTY

Reverse Osmosis (RO) System Ameriwater

HCR04 1

PT401 Anti-Scalant Injection feed system with

30-gallon feed tank 1

DI Tanks 2

In-line prefilter carbon tank 1

185 Gallon Storage Tank with High Flow Pump 1

20-3021 Tank Vent Submicron Bacterial Filter

QL-600 Viqua VP600 Replacement UV bulb &

Sleeve 2

In line 1 megohm-cm Resistivity monitor 1

In line digital Conductivity Monitor 1

Ameriwater Endotoxin filter 1

Associated plumbing, piping, and valves necessary to the systems delivery of critical water to equipment and point of use 1

4.0 MAINTENANCE SERVICES

a. Preventive Maintenance (PM) shall be performed by a "fully qualified" service representative or service technician. Preventive maintenance visits shall include complete inspection and testing of all equipment and shall conform to Original Equipment Manufacturer (OEM) specifications. The contractor shall clean, adjust, and lubricate equipment, determine the nature and extent of any trouble, and restore the system to satisfactory service by repairing or replacing defective parts or components. Any calibration procedures or adjustments necessary to assure accurate and reliable equipment operation shall be performed at this time. Sufficient time shall be allowed to permit a thorough inspection and test of each device comprising the overall system.

a. Check feed and product water quality calibration annually.

b. Maintenance Service Requests

a. Contractor will accept Maintenance Service requests within 7 calendar days of intended service date.

b. Time and date of service will be coordinated through Site POC. Site POC is a

Washington DC VAMC Biomedical Engineering representative.

c. Time and date of service shall be confirmed by SPS Leadership to align with

SPS downtime to minimize disruption during normal working hours.

Service to be

Performed Description:

Chemical Disinfection Peracetic Acid chemical disinfection of RO system, storage tank, loop piping in accordance with Manufacturer’s specifications

Include travel, parts and labor

Ozone Disinfection Ozone disinfection of RO system, storage tank, loop piping in accordance with Manufacturer’s specifications

Include travel, parts, and labor

DI Tank Exchange Replace the DI tank

Include travel, parts, and labor

Carbon Block Filter

Exchange

Replace the Carbon Block Filter

Include travel, parts, and labor

Gradient MB Filter

Exchange

Replace the Gradient Filter

Include travel, parts, and labor

In-line Carbon Prefilter Replace Inline carbon prefilter

Include travel, parts, and labor

Tier 1 Service:

Chemically disinfecting RO system, storage tank, loop piping

Exchange DI tanks

Replace carbon block and gradient filters

Replace Inline carbon prefilter

Include travel, parts and labor

Tier 2 Service: Chemically disinfecting RO system, storage tank, loop piping

Exchange DI tanks

Replace carbon block and gradient filters.

Replace Inline carbon prefilter

Top off anti-scalant container if needed.

Tier 3 Service:

Replace carbon block and gradient filters

Replace Inline carbon prefilter

Top off anti-scalant container Replace (4) 50-203 Ultrafilters Replace storage tank vent filter

Replace UV light bulbs and sleeves (2 units)

Include travel, parts and labor

Standard Labor (8am-

4:30PM)

As needed for testing, Repair, and disinfection (included in Tier

Services or PM service)

After Hours Labor

(4:30pm-8am)

As needed for testing, Repair, and disinfection (executable through notice to proceed from CO while MOD exercised)

Emergency Service

(Same Day)

As needed for testing, Repair, and disinfection (executable through notice to proceed from CO while MOD exercised)

c. Parts

Parts List (or equivalent)

20-5105 Chlorplus Carbon Block Filter, 10-micron, 4.5" x 20"

279-20-005 50-203 FiberFlo Hollow Fiber Cartridge Ultra Filter, 20" 0.05 Micron, 222 O-Ring

20-3021 Tank Vent Submicron Bacterial Filter Cartridge, 0.2-micron, 2.5" x 10", DOE

S600RL-HO UV Bulb replacement for Sterlight SC-600 / VP600

QSO-600 UV Quartz sleeve for Sterlight S600RL-HO SC-600 / Viqua VP600

QL-600 Viqua VP600 Replacement UV bulb & Sleeve Kit

MB-45200-05 4-1/2" x 20" Neo-Pure MB Gradient Filter, 5 Micron

DI TANK - High Purity - 9x42 or 9x48

Portable Exchange Carbon Tank - 10x54

20-5105 Chlorplus Carbon Block Filter, 10-micron, 4.5" x 20"

50-203 AmeriWater Ultrafilters

95-0013 Peracidin , 4 (1) gallon Containers

DI-2101C DI Regeneration Certificate, Standard

a. 50-203 AmeriWater Ultrafilters must be purchased from authorized dealer.

d. Disinfection

a. Disinfections of the system shall be in line with best industry practices, manufacturer’s recommendations, and AAMI ST108.

b. Contractor shall provide the disinfection procedure to the VAMC for approval prior to each scheduled disinfection. The disinfection procedure shall be approved by the Site POC for each specific component of the critical water system (water treatment equipment (e.g., RO, DI, storage tanks, etc.) and the distribution loop). The procedure at a minimum shall include the following: on-site personnel qualifications, disinfection procedure, type of disinfectant, concentration level, contact time, and system flushing procedure post disinfection.

c. Increased concentration of chemical disinfectant levels and/or change of chemical disinfectant may be necessary for addressing persistent microbial levels in the system.

d. Contractor shall provide a post disinfection report to the Site POC that includes type of disinfectant used, concentration level (at each POU, periodically recorded

(will vary based on contact time)), contact time, and validation of disinfectant removal from the system prior to the system turn over for facility use.

e. Chemical Disinfection: Disinfection of RO system, storage tank, loop piping using peracetic acid

f. Ozone Disinfection: Disinfection of RO system, storage tank, loop piping using ozone

5.0 EMERGENCY SERVICE (Same Day)

a. For each emergency service visit, initiated at the request of the Site POC, the Contractor shall furnish all labor, parts, consumables and travel necessary to correct any equipment malfunctions and return equipment to operational condition.

b. If a part, material, component, or service is not included on the price list, the Contractor shall provide relevant pricing to the site POC for submission to receive a separate PO prior to commencing/resuming work. Any services done without an associated Purchase Order/Task

Order shall be at the Contractor’s own cost.

c. After each service call, the Contractor shall submit per Reports and Documentation section below.

d. Four (4) hour response time during Normal Working Hours is required. Response time is defined as time the contractor is first notified until time contractor arrives on station.

Telephone response is 30 minutes.

6.0 PARTS

a. The contractor shall ensure availability of all parts that meet or exceed the original manufacturer's design, and specification to limit the equipment downtime will not be increased due to non-availability or slow delivery of parts. Parts shall be made available within three (3) calendar days to make necessary repairs.

7.0 EXCLUDED SERVICES

a. Contractor will not be obligated to provide services for damage or destruction of equipment where such damage or destruction is:

• A result of or caused by fire or explosion of any origin, riot, civil commotion, aircraft, war, or any Act of God including but not limited to lightning, windstorm, hail, flood, of earthquake

• Caused by the VAMC misuse or abuse of such instrument

• Contamination due to spillage;

• Interpretation of data;

• Installation of unauthorized field modifications;

b. In the event of service/parts/components being required that are not covered under this contract the Contractor shall submit pricing to be included into the contract for subsequent task orders so long as it is within the intended scope of the contract as determined by the CO.

c. The contractor is not responsible for daily monitoring of Conductivity or daily visual inspection of equipment as called for in ST108 these will be performed by VA staff. They are responsible for a visual and general inspection whenever they are onsite performing any other services.

8.0 SPECIAL WORK REQUIREMENTS

a. The Contractor shall provide the Site POC with a phone list for contact with alternates in the event of unavailability of POCs.

b. Upon receipt of a task order the Contractor shall submit a schedule of work to the Site POC within 10 business days. The plan shall contain a schedule detailing when preventative maintenance, routine and periodic service are to be performed. Should the contractor elect to change his work schedule during the course of the contract, a revised work plan shall be submitted to the Site POC for written approval prior to any schedule changes.

c. Contractor shall perform service repair/preventive maintenance to industry standards and

AAMI ST108.

d. Contractor shall obtain and make available to its field service personnel all operational and technical documentation such as operation and service manuals, schematics, and parts lists necessary to meet the performance requirements of this contract. No work will be allowed on equipment for which the contractor’s service representative does not have technical documentation.

9.0 TESTING

a. Testing shall be in accordance with AAMI ST108.The Contractor must meet competency requirements for water sampling. If results do not meet AAMI ST108 requirements, additional testing and disinfection may be requested.

b. Freight for overnight shipping to validated Lab for samples.

c. Define acceptable result delivery turnaround time for each testing as below.

d. Results shall be sent to vhawasbiomedservice@va.gov and vhawasspsleadership@va.gov email group.

Testing Type of Testing Location Results Turnaround time

Bacterial Heterotrophic plate count

(using one of three methods: membrane-filtered method; the spread-plate method;

pour-plate method)

See “Sampling

Site Locations”

3 business days

Endotoxin limulus amoebocyte lysate

LAL test

See “Sampling

Site Locations” 3 business days pH pH meter or Colorimetric dipsticks (sample tested within

15 minutes)

Post UV/UF Site

Sampling

Location

7 business days

Conductivity Conductivity meter

Post UV/UF Site

Sampling

Location

7 business days

Total Alkalinity Colorimetric dipsticks

Alkalinity test kit

Post UV/UF Site

Sampling

Location

7 business days

Total Hardness Determination of ppm as

CaCO3 by Colorimetric dipsticks, Titration kit, or Handheld meter

Post UV/UF Site Sampling

Location

7 business days mailto:vhawasbiomedservice@va.gov mailto:vhawasspsleadership@va.gov

a. Sampling Locations the contractor and their representatives must be competent of drawing water samples from water ports at the “Sampling Site Locations”. Site Sampling Locations include:

i. Loop Out

ii. Loop Return

iii. Post UV/UF

iv. Following Point of Use locations:

i. Sink #1 – AMSCO 70 Adjustable Sink

ii. Sink #2 - AMSCO 70 Adjustable Sink

iii. Sink #3 - AMSCO 70 Adjustable Sink

iv. Sink #4 - AMSCO 70 Adjustable Sink

v. Washer #1 - AMSCO Washer Disinfector 5052

vi. Washer #2 - AMSCO Washer Disinfector 5052

vii. Washer #3 - AMSCO Washer Disinfector 5052

viii. Ultrasonic Washer - Innowave PCF

ix. Medivators #1 – DSD Edge

x. Medivators #2 – DSD Edge

xi. Medivators #3 – DSD 201

xii. Medivators #4 – DSD 201

Manufacturer Model Quantity

Steris AMSCO 73 Reprocessing

Sink

Steris AMSCO 70 Adjustable Sink 2

Steris Innowave PCF (Sample Port added inline immediately before device inlet)

Steris AMSCO Washer Disinfector

Ameriwater MRO4X RO Product port 1

Medivators DSD Edge 2

Medivators DSD 201 2

b. Water sampling. The Contractor shall provide a water sampling procedure to the Site

POC upon award of this contact. The sampling SOP at a minimum shall include on-site personnel qualifications, aseptic technique, testing port flushing procedure, and a sampling collection procedure. (Note: if sampling hoses are used for water sample collection, the SOP must include relevant procedure).

c. Laboratory requirements. Laboratories that process microbial water samples must be accredited by a recognized regional, national, or international accrediting body.

Examples of such accrediting bodies include the National Environmental Laboratory

Accreditation Program (NELAP); the American Association for Laboratory Accreditation

(A2LA); the Environmental Microbiology Laboratory Accreditation Program (EMLAP);

and the American National Standards Institute (ANSI)-American Society for Quality

(ASQ) National Accreditation Board (ACLASS).

i. Contractor must submit laboratory certification documentation to the Site POC upon contract award and/or any time the Contractor chooses to use another laboratory for microbial sample processing.

10. COMPETENCY OF PERSONNEL

a. Each respondent must have an established business, with an office and full-time staff.

The staff shall include a "fully qualified" field service engineer. The Firm shall have at least three years’ experience across multiple facilities within 200 miles of service location in maintaining equivalent systems in sterile processing settings in a healthcare sterile processing environment in accordance with AAMI Standards. The contractor shall provide proof of past performance and references to demonstrate customer satisfaction and technical competency completing the work identified in this SOW.

b. Contractor shall ensure that only fully qualified field engineers and technicians (FQFET) perform any and all work under this contract. FQFET have completed Original Equipment

Manufacturer (OEM) or comparable third-party service schools for the above-mentioned equipment and can provide proof of completion upon request. Proof of completion shall be provided in writing no later than 5 business days from request. Proof of competency shall be provided for each representative of the contractor prior to them providing any services for which competency is required.

c. Fully qualified is based upon training and on experience in the field. For training, the field service engineer(s) has successfully completed a formalized training program. For field experience, the field service engineer(s)/technician should demonstrate specialized experience with respect to scheduled and unscheduled preventive and remedial maintenance.

d. Field service engineer(s)/technician shall be authorized by the Contractor to perform the maintenance services. All work shall be performed by "fully qualified" competent field service engineer(s)/technician. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved field service engineer(s)/technician The Contracting Officer may authenticate the training requirements, and request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing the equipment. The Site POC specifically reserves the right to reject any of the Contractor's personnel and refuse them permission to work on the equipment.

e. Contractor shall demonstrate that it follows standard operating procedures (SOP) for test sampling and disinfection, they shall provide their SOP for Disinfection and sample collection prior to award, this SOP must explicitly state steps to be taken and be in line with industry best practices for water sampling and system disinfection.

f. Personnel must demonstrate they are able to meet response time requirements through proximity to the facility.

10.0 REPORTS AND DOCUMENTATION

The Contractor shall provide the following reports to vhawasbiomedservice@va.gov within 5 business days:

a. The report shall include all costs associated with accomplishing the repair to include parts, supplies and labor hours and labor rates.

At minimum, the report shall contain the following information: service technician name, date, time, equipment unit number, problem reported and discovered, action taken, beginning and completion time.

b. This written report shall be submitted to vhawasbiomedservice@va.gov for review and is required prior to invoice submittal.

c. Noncontract Charges: The contractor shall not perform any service that will result in additional charges without prior approval from the Contracting Officer.

d. Payment will be made in arrears, and upon receipt of a properly prepared invoice:

a. references the period for which payment is due and exactly matches submitted written report

b. Itemizes all services rendered, labor costs, and the equipment serviced, as appropriate

c. Identifies quantity of sampling and sample tests completed

d. lists the contract number and/or assigned purchase order number

e. includes the correct payment address

f. All invoices from the contractor shall be submitted electronically in accordance with

VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

The furnishing of any Services that are not included in the Price/Cost Schedule of this contract is outside the Scope of this contract. If deficiencies are discovered necessitate a service(e.g. repair, replacement) and that Service is not already included in the price calibration , validation or installation services, then those other services shall be procured via a separate agreement (i.e. purchase card or other contract, as appropriate).

This is an indefinite-delivery requirements contract for the Services specified, and effective for the period stated, in the Price/Cost Schedule. The quantities of services specified in the Price/Cost Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities describe as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

Ordering Procedures-

1. Task Orders under this contract must be issued by a duly warranted Contracting Officer within NCO5

2. Task Orders shall clearly describe all services to be performed so the full cost or price for the performance of the work can be established when the order is placed. Orders shall be within the scope of work, issued within the period of performance, and be within the maximum value of the contract.

Task Orders issued under this contract must contain the information specified in FAR 16.505(a)(7)

Award will be Straight 5 Year IDIQ with Task order’s issued based on individual projects.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2.00 JB __________________ __________________

Tier 1 Service Chemically disinfecting RO system, storage tank, loop piping Exchange DI tanks

Replace carbon block and gradient filters Replace Inline carbon pre-filter Include travel, parts and labor Ordering Period One

Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: Z1NE - Maintenance of Water Supply

Facilities

0002 1.00 JB __________________ __________________

Tier 2 Service Chemically disinfecting RO system, storage tank, loop piping

Exchange DI tanks Replace carbon block and gradient filters.

Replace Inline carbon pre-filter Top off anti-scalant container if needed.

Include travel, parts and labor Ordering Period One Contract Period: Base

POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems PRODUCT/SERVICE CODE: Z1NE - Maintenance of Water Supply Facilities

0003 1.00 JB __________________ __________________

Tier 3 Service

Replace carbon block and gradient filters Replace Inline carbon prefilter

Top off anti-scalant container Replace (4) 50-203 Ultrafilters Replace storage tank vent filter Replace UV light bulbs and sleeves (2 units)

Ordering Period One

Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: Z1NE - Maintenance of Water Supply Facilities

378.00 EA __________________ __________________

Bacterial Heterotrophic plate count (using one of three methods: membrane-filtered method; the spread-plate method; pour-plate method) Ordering Period One Contract Period: Base

POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Endotoxin limulus amoebocyte lysate LAL test Ordering Period One Contract Period: Base POP Begin: 05-01-2024

POP End: 04-30-2025 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

60.00 JB __________________ __________________

AAMI Testing: pH-conductivity-total Hardness-total alkalinity

(includes travel, parts, and labor) Ordering Period One

POP Begin: 05-01-2024

POP End: 04-30-2025 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

30.00 JB __________________ __________________

Freight for overnight shipping to DCI Lab for samples Ordering Period One Contract Period: Base POP Begin: 05-01-2024

POP End: 04-30-2025 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

22.00 JB __________________ __________________

Chemical Disinfection

Peracetic Acid chemical disinfection of RO system, storage tank, loop piping in accordance with Manufacturer’s specifications Include travel, parts and labor

Ordering Period One Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

4.00 JB __________________ __________________

Ozone Disinfection Ozone disinfection of RO system, storage tank, loop piping in accordance with Manufacturer’s specifications Include travel, parts, and labor Ordering Period One

Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

DI Tank Exchange (includes travel, parts, and labor) Ordering Period One

Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Carbon Block Filter Exchange (includes travel, parts, and labor) Ordering Period One Contract Period: Base

POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Gradient MB Filter Exchange (includes travel, parts, and labor) Ordering Period One Contract Period: Base POP Begin: 05-01-2024

POP End: 04-30-2025 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

In-line Carbon Pre-filter Exchange (includes travel, parts, and labor)

Ordering Period One Contract Period: Base POP Begin: 05-01-2024

POP End: 04-30-2025 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

60.00 HR __________________ __________________

Emergency/Optional Service Request at request of Using Service

Ordering Period One

Contract Period: Base POP Begin: 05-01-2024

POP End: 04-30-2025 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

2.00 JB __________________ __________________

Tier 1 Service Chemically disinfecting RO system, storage tank, loop piping

Exchange DI tanks Replace carbon block and gradient filters Replace Inline carbon pre-filter

Include travel, parts and labor Ordering Period Two Contract Period: Base

POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

1.00 JB __________________ __________________

Tier 2 Service

Chemically disinfecting RO system, storage tank, loop piping Exchange DI tanks Replace carbon block and gradient filters.

Replace Inline carbon pre-filter Top off anti-scalant container if needed.

Include travel, parts and labor

Ordering Period Two Contract Period: Base POP Begin: 05-01-2025 POP End: 04-30-2026

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Tier 3 Service Chemically disinfecting RO system, storage tank, loop piping

Exchange DI tanks Replace carbon block and gradient filters Replace Inline carbon prefilter Top off anti-scalant container

Replace (4) 50-203 Ultrafilters

Replace storage tank vent filter Replace UV light bulbs and sleeves (2 units)

Include travel, parts and labor Ordering Period Two Contract Period: Base POP Begin: 05-01-2025

POP End: 04-30-2026 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Heterotrophic plate count (using one of three methods: membrane-filtered method; the spread-plate method; pour-plate method)

Ordering Period Two Contract Period: Base POP Begin: 05-01-2025 POP End: 04-30-2026

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Two

Contract Period: Base POP Begin: 05-01-2025 POP End: 04-30-2026

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

(includes travel, parts, and labor) Ordering Period Two

Contract Period: Base POP Begin: 05-01-2025 POP End: 04-30-2026

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Two

Contract Period: Base POP Begin: 05-01-2025 POP End: 04-30-2026

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Peracetic Acid chemical disinfection of RO system, storage tank, loop piping in accordance with Manufacturer’s specifications

Include travel, parts and labor Ordering Period Two Contract Period: Base

POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Ozone disinfection of RO system, storage tank, loop piping in accordance with Manufacturer’s specifications Include travel, parts, and labor

Ordering Period Two Contract Period: Base POP Begin: 05-01-2025

POP End: 04-30-2026 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

DI Tank Exchange (includes travel, parts, and labor)

Ordering Period Two Contract Period: Base POP Begin: 05-01-2025 POP End: 04-30-2026

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Ordering Period Two

Contract Period: Base POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Ordering Period Two Contract Period: Base

POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Ordering Period Two Contract Period: Base POP Begin: 05-01-2025

POP End: 04-30-2026 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems at request of Using Service Ordering Period Two Contract Period: Base

POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Chemically disinfecting RO system, storage tank, loop piping Exchange DI tanks Replace carbon block and gradient filters

Replace Inline carbon pre-filter Include travel, parts and labor Ordering Period Three Contract Period: Base

POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Chemically disinfecting RO system, storage tank, loop piping Exchange DI tanks

Replace carbon block and gradient filters.

Replace Inline carbon pre-filter Top off anti-scalant container if needed.

Include travel, parts and labor

Ordering Period Three Contract Period: Base POP Begin: 05-01-2026

POP End: 04-30-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Chemically disinfecting RO system, storage tank, loop piping Exchange DI tanks Replace carbon block and gradient filters Replace Inline carbon prefilter

Top off anti-scalant container Replace (4) 50-203 Ultrafilters Replace storage tank vent filter

Replace UV light bulbs and sleeves (2 units) Include travel, parts and labor Ordering Period Three

POP Begin: 05-01-2026

POP End: 04-30-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Heterotrophic plate count (using one of three methods: membrane-filtered method; the spread-plate method; pour-plate method)

Ordering Period Three Contract Period: Base POP Begin: 05-01-2026

POP End: 04-30-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Three Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

(includes travel, parts, and labor)

Ordering Period Three Contract Period: Base POP Begin: 05-01-2026

POP End: 04-30-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Three

POP Begin: 05-01-2026 POP End: 04-30-2027

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Peracetic Acid chemical disinfection of RO system, storage tank, loop piping in accordance with Manufacturer’s specifications

Include travel, parts and labor Ordering Period Three Contract Period: Base

POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Ozone disinfection of RO system, storage tank, loop piping in accordance with Manufacturer’s specifications Include travel, parts, and labor

Ordering Period Three Contract Period: Base POP Begin: 05-01-2026

POP End: 04-30-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Three Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Carbon Block Filter Exchange (includes travel, parts, and labor) Ordering Period Three

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Ordering Period Three Contract Period: Base

POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Ordering Period Three Contract Period: Base POP Begin: 05-01-2026

POP End: 04-30-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems at request of Using Service Ordering Period Three Contract Period: Base

POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Exchange DI tanks Replace carbon block and gradient filters

Replace Inline carbon pre-filter Include travel, parts and labor Ordering Period Four Contract Period: Base

POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Chemically disinfecting RO system, storage tank, loop piping Exchange DI tanks

Replace carbon block and gradient filters.

Replace Inline carbon pre-filter Top off anti-scalant container if needed.

Include travel, parts and labor

Ordering Period Four Contract Period: Base POP Begin: 05-01-2027

POP End: 04-30-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Chemically disinfecting RO system, storage tank, loop piping Exchange DI tanks Replace carbon block and gradient filters Replace Inline carbon prefilter

Top off anti-scalant container Replace (4) 50-203 Ultrafilters Replace storage tank vent filter

Replace UV light bulbs and sleeves (2 units) Include travel, parts and labor Ordering Period Four

Contract Period: Base POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Heterotrophic plate count (using one of three methods: membrane-filtered method; the spread-plate method; pour-plate method) Ordering Period Four

Contract Period: Base POP Begin: 05-01-2027 POP End: 04-30-2028

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Four

Contract Period: Base POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

(includes travel, parts, and labor) Ordering Period Four

Contract Period: Base POP Begin: 05-01-2027 POP End: 04-30-2028

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Four Contract Period: Base

POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Peracetic Acid chemical disinfection of RO system, storage tank, loop piping in accordance with Manufacturer’s specifications Include travel, parts and labor Ordering Period Four

Contract Period: Base POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Ozone disinfection of RO system, storage tank, loop piping in accordance with Manufacturer’s specifications

Include travel, parts, and labor Ordering Period Four Contract Period: Base

POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Four Contract Period: Base POP Begin: 05-01-2027

POP End: 04-30-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Four Contract Period: Base POP Begin: 05-01-2027 POP End: 04-30-2028

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Ordering Period Four

Contract Period: Base POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Ordering Period Four Contract Period: Base

POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems at request of Using Service Ordering Period Four Contract Period: Base

POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Chemically disinfecting RO system, storage tank, loop piping Exchange DI tanks

Replace carbon block and gradient filters Replace Inline carbon pre-filter Include travel, parts and labor Ordering Period Five

POP Begin: 05-01-2028 POP End: 04-30-2029

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Chemically disinfecting RO system, storage tank, loop piping Exchange DI tanks

Replace carbon block and gradient filters.

Replace Inline carbon pre-filter Top off anti-scalant container if needed.

Include travel, parts and labor Ordering Period Five Contract Period: Base

POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Chemically disinfecting RO system, storage tank, loop piping Exchange DI tanks Replace carbon block and gradient filters

Replace Inline carbon prefilter Top off anti-scalant container Replace (4) 50-203 Ultrafilters

Replace storage tank vent filter Replace UV light bulbs and sleeves (2 units) Include travel, parts and labor Ordering Period Five

Contract Period: Base POP Begin: 05-01-2028 POP End: 04-30-2029

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Heterotrophic plate count (using one of three methods: membrane-filtered method; the spread-plate method; pour-plate method)

Ordering Period Five Contract Period: Base

POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Five Contract Period: Base POP Begin: 05-01-2028

POP End: 04-30-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

(includes travel, parts, and labor) Ordering Period Five Contract Period: Base POP Begin: 05-01-2028

POP End: 04-30-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Five Contract Period: Base POP Begin: 05-01-2028

POP End: 04-30-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Peracetic Acid chemical disinfection of RO system, storage tank, loop piping in accordance with Manufacturer’s specifications

Include travel, parts and labor Ordering Period Five

Contract Period: Base POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Ozone disinfection of RO system, storage tank, loop piping in accordance with Manufacturer’s specifications

Include travel, parts, and labor Ordering Period Five Contract Period: Base

POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Five Contract Period: Base POP Begin: 05-01-2028

POP End: 04-30-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Ordering Period Five Contract Period: Base POP Begin: 05-01-2028 POP End: 04-30-2029

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Gradient MB Filter Exchange (includes travel, parts, and labor) Ordering Period Five

Contract Period: Base POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

Ordering Period Five Contract Period: Base

POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems at request of Using Service Ordering Period Five Contract Period: Base

POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation

Systems

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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.

(…

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