36C24623Q0245.docx

36C24623Q0245

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24623Q0245 David Hoover 757-251-4795 12-23-2022 12:00pm

EST

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 X X 811310 $11 Million

NTE 30

N/A X Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin

TX

78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page Scheduled maintenance services and preventative maintenance for Chillers and Cooling Towers in accordance with manufacturer's recommendations at Salem, VA VAMC.

This is a SDVOSB set aside and in order to be eligible for for award, you must be registered in https://vetbiz.va.gov Period of performance: 12/30/2022 - 12/29/2023

OY1 12/30/2023 - 12/29/2024

OY2 12/30/2024 - 12/29/2025

OY3 12/30/2025 - 12/29/2026

OY4 12/30/2026 - 12/29/2027

See CONTINUATION Page X X Byron Brown 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:

b. GOVERNMENT: Contracting Officer 36C246

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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:

Page 1 of Page 1 of

B.2 PERFORMANCE WORK STATEMENT

DESCRIPTION – Chiller Maintenance

SCHEDULING ARRANGEMENTS: The Contractor shall furnish all transportation, tools, labor, and materials required to provide Scheduled Maintenance Services per their submitted proposal. Listed below are the chillers and Cooling Towers for which maintenance services are to be provided, and the required services. All preventative maintenance shall be completed in accordance with manufacturer’s recommendations.

LOCATION OF WORK: Salem VAMC | 1970 Roanoke Blvd. | Salem, VA 24153

Scope of Work:

One (1) Trane centrifugal chiller – Chiller 500; Model CVHF1280; Serial Number L97D02935; Year of Manufacture - 1997 One (1) Trane centrifugal chiller – Chiller 600; Model CVRE2030EA01; Serial Number L21E01415; Year of Manufacture – 1998; Year of Renewal- 2021 One (1) Trane centrifugal chiller – Chiller 700; Model CVHF1280; Serial Number L02M22321; Year of Manufacture – 2002 One Baltimore Air Coil: Model – 33707-2; Serial Number U002056601; 5R-B158 One Baltimore Air Coil: Model – S3E-1222-12P-2; Serial Number U175985401-01-01; 6R-B158 One Baltimore Air Coil: Model – 3648A 2/0; Serial Number U038439501; 6R-B158

CHILLER MONTHLY OPERATING MAINTENANCE AND INSPECTION :(To be initiated within the first week each Month.)

Observe operation of chillers Review all service and operating alarms stored in memory of custom reports menu.

Scroll through custom, chiller, compressor, and refrigerant reports menu to verify design-operating parameters of chiller.

Verify correct operation of all safety, operating controls, and sensors Verify correct operating oil pressure.

Print hard copy of this report and provide an electronic copy of the log sheet Verify proper operation of purge unit. Record purge rate and pump-out time.

Verify proper operation of chill water and condenser water pumps Report any water leaks on the Chilled water or Condenser water pumps or associated piping.

Verify correct pressure drops across evaporator and condenser.

Inspect chiller starter panel.

Perform minor programming and control calibration changes where required.

Review operator logs.

Review findings of inspection with owner personnel.

Generate Electronic Monthly Report to be sent to Owner within 5 working days.

ANNUAL MAINTENANCE: (To be performed between December 1 and February 15.)

Once a year, a thorough Scheduled maintenance will be performed to include the following procedures in addition to Trane Service Manuals and up dated addendums.

Disassemble and inspect all starter contacts for wear and pitting. Clean or replace as required.

Inspect all motor starter wire terminals for tightness and overheating, tighten where required.

Inspect starter current overloads.

Verify proper starter operation and transition timing Evaluate refrigerant condition and level of charge after logging machine, and review purge rate data.

Leak check service performed on an “as needed”.

Replacement of filter drier cores and gaskets, clean, purge refrigeration unit condenser coil, verify proper purge operation and perform a detailed inspection and testing of purge system.

Verify correct programming and operating parameters on UCP1 and UCP2 control panels.

Inspect all control panel control contacts and wire terminals for tightness and overheating and serviceability.

Inspect all operating controls, safety controls, sensors, and oil pump for visual condition and wiring integrity.

Perform motor winding integrity test with Meg - ohm meter on chiller motor and oil pump motor.

Inspect oil sump heater, check voltage and current draw against ratings.

Operate Drive Vane actuator motor full open to full close to verify that vanes operate smoothly with no binding, adjust and lubricate applicable linkages.

Verify correct operation of all safety, operating controls, and sensors. Calibrate as required Remove condenser barrel covers and inspect condenser tubes for debris and fouling Rod condenser tubes.

Remove Evaporator barrel covers and inspect Evaporator tubes for debris and fouling Rod Evaporator tubes.

Verify design water flow and pressure drop across condenser and evaporator barrels.

Review all stored service alarms from UCP2 panel and identify possible trends and report findings.

Confirm all operational program points are within manufacturer’s operating parameters.

Perform and review oil analysis, checking any potential problems indicated in this report.

Service Technician shall replace oil filter and determine the need for oil change and provide oil, based on oil analysis report, machine operational history, and visual inspection, on all three (3) centrifugal chillers Complete all procedures and log all test results on owner check list sheet provided by owner, see attached.

Present copy log to the COR with detailed explanation of findings.

Review findings of inspection with owner personnel.

All maintenance performed on chillers which may require any compressor shutdowns or rotations will be coordinated with A/C shop personnel.

NOTE: One (1) Eddy current tube analysis on all three chillers, Evaporator and Condenser tubes, to be performed in the Base Year of the contract term. Provide an electronic copy of report of analysis.

One (1) compressor/motor vibration analysis on all chillers to be performed in the Base Year of the contract term. Provide an electronic copy of report of analysis.

A. MONTHLY MAINTENANCE FOR COOLING TOWERS:

A. Monthly a thorough Scheduled maintenance will be performed to include the following procedures and any additional procedures required by Manufacturer.

(To be coordinated with the COR)

Inspect for leaks and report general condition of tower water sumps.

Inspect valve seat and adjust float valve for correct water level in sumps.

Check cooling tower sump steam trace heaters for leaks and proper operation during cold weather Inspect and adjust belt alignment and provide belts and replace as needed Lubricate fan and motor bearings per manufacturer’s recommendations.

Inspect electrical connections for potential overheating and looseness, Report findings and provide electronic report of inspection to VA personnel.

B. ANNUAL MAINTENANCE FOR COOLING TOWERS: (Twice per year a thorough Scheduled maintenance will be performed to include the following procedures and any additional procedures required by Manufacturer. (First maintenance to be performed between February and March, then the second maintenance to be performed between October and November, and coordinated with the COR)

Drain and clean tower water sump (Cold Water Basin) check for leaks, general condition, inspect the fill and drift eliminators for damage and biofilm.

Check valve seat and adjust float valve for correct water level in sump Clean tower strainers located on condenser water pumps.

Clean tower distribution pans and nozzles (Warm Water Basins) Report Condition of distribution pan and nozzles Pressure wash tower Fill Media, flush cooling tower after cleaning.

Remove and dispose of all debris from towers/ work areas Inspect and adjust / replace drive belts as needed Refill cooling tower with water.

After cleaning, verify no leaks exist.

Lubricate fan and motor bearings per manufacturer’s recommendations.

Meg cooling tower fan motors for potential electrical break down.

Check and record voltage and amperage draw on electric motors on both speeds.

Inspect electrical connections, contactors, relays and operating/safety controls.

Check cooling tower sump steam trace heaters for leaks and proper operation.

Check cooling tower make water line electric heat tape for proper operation.

Report all findings of the above inspections/ Service with VA personnel.

Contractor to provide an electronic report to VA personnel Review findings of inspection with owner personnel.

REPLACEMENT PARTS, COMPONENTS, MATERIALS AND SUPPLIES:

All replacement parts, components, materials, supplies, lubricants, belts, analysis services, and small consumables required to perform scheduled maintenance procedures shall be included in the contractor’s price. There shall be included in the price an allowance up to $10,000 for repairs per year to the Chillers, Cooling towers, Pumps, Valves and all auxiliary equipment associated with the Chiller Plant and the making of chilled water.

C. EMERGENCY SERVICES AND REPAIRS (NIGHTS, WEEKEND, AND FEDERAL HOLIDAYS): The contractor shall provide 24-hour, three hundred sixty-five day per year emergency repair services. The contractor shall respond to the emergency request for service and repair within two hours of receipt of the telephone call from the COR or his designee. The contractor shall provide the COR an emergency contact name and telephone number. The contractor shall perform all needed repair work only after the approval of the COR or his designee. Payment of repair work shall be via an increase in the original purchase order, a new purchase order, or IMPACT (purchase) card. The method of payment shall be left to the discrepancy of the VA Medical Center. A written time and material report shall be provided to the COR or his designee upon completion of any repair service detailing the services performed, problems found, refrigerant added, and hours required completing the repair service. The Government reserves the right to negotiate the cost of the repair work if, in the opinion of the Contracting Officer, the cost is not determined to be fair and reasonable.

1. REPORT REQUIREMENTS: A comprehensive operating log of HVAC operating characteristics shall be completed and provided to the COR for each piece of HVAC equipment serviced during any monthly or annual procedures. A Maintenance Documentation Form, and an electronic formatted report, shall be provided to the COR upon completion for all maintenance performed on each piece of equipment. A sample of the contractor’s Maintenance Documentation Form shall be submitted with their technical proposal for review by the Government.

D. QUALIFICATIONS:

1. General: The importance of maintaining HVAC equipment in accordance with its original design specifications requires the service to be performed by an experienced and competent Commercial heating and air conditioning (A/C) service contractor, who must have 3 or more Trane centrifugal service techs. on staff certified by Trane Centrifugal schools to work on Trane centrifugal chillers holding an EPA Refrigerant Handling license, and who has satisfactorily maintained and repaired equipment of this type and to the degree outlined in these specifications. The Contractor must be able to demonstrate a minimum of ten (5) years experience in the repair and maintenance of commercial A/C systems described herein. The contractor shall include with their technical proposal five (5) references for contracts having been performed in similar size, scope and complexity for existing or previous customers (within the last five (5) years) with comparable equipment. References shall include the contact names, telephone number, type of equipment, and length of contract. Contractor shall also submit technicians “Trane Certifications” and a copy of their EPA Refrigerant Handling license with their technical proposal.

2. Centrifugal Chiller: Contractor shall demonstrate, as part of their technical proposal, competence in the following:

Ability to service, diagnose, repair, and overhaul Provide rigging and tear-down equipment and rigging experience Factory laboratory oil analysis services Laboratory refrigerant analysis services Eddy current tube analysis services Factory authorized motor, shaft, rotor, and impeller repair facilities Centrifugal chiller reduced voltage/ solid state starter expertise Electronic trouble shooting of chiller control system Factory certified centrifugal chiller service technicians working as full-time employees of the contractor

3. Electric Controls: Contractor shall demonstrate, as part of their technical proposal, competence in the following:

Ability to service, diagnose and repair/replace controls, starters, wiring, and motors as related to A/C chillers and ancillary equipment AC/ DC Voltages ranging from 10 volts dc to 4160 volts A/C Comprehensive working knowledge of electrical circuits as related to A/C chillers and ancillary equipment control

FIRE SAFETY:

4. Applicable Publications: Publications listed below form part of the contract as they apply to proper workmanlike practices.

5. Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

6. Means of Egress: Do not block exiting for occupied buildings, including paths from exits to roads. Minimize disruptions and coordinate with COR.

7. Flammable and Combustible Liquids: Store, dispense and use liquids in accordance with 29 CFR 1926, NFPA 241 and NFPA 30.

8. Smoke Detectors: Prevent accidental operation.

9. Hot Work: Perform and safeguard hot work operations in accordance with NFPA 241 and NFPA 51B. Coordinate with COR to permit hot work.

10. Smoking: Smoking is prohibited in and adjacent to construction areas inside existing buildings and additions under construction. In separate and detached buildings under construction, smoking is prohibited except in designated smoking rest areas.

11. Dispose of waste and debris in accordance with NFPA 241. Remove from buildings daily.

4. OPERATIONS AND STORAGE AREAS:

1. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized and approved by the COR. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

2. The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

5. RESTORATION:

1. Remove, cut, alter, replace, patch and repair existing work as necessary to install new work. Except as otherwise shown or specified, do not cut, alter or remove any structural work, and do not disturb any ducts, plumbing, steam, gas, or electric work without approval of the COR. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the COR before it is disturbed. Materials and workmanship used in restoring work, shall conform in type and quality to that of original existing construction, except as otherwise shown or specified.

2. Upon completion of contract, deliver work complete and undamaged. Existing work (walls, ceilings, partitions, floors, mechanical and electrical work, lawns, paving, roads, walks, etc.) disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in as good condition as existed before commencing work.

3. At Contractor's own expense, Contractor shall immediately restore to service and repair any damage caused by Contractor's workmen to existing piping and conduits, wires, cables, etc., of utility services or of fire protection systems and communications systems (including telephone).

6. BADGES

Contractor is required to obtain a badge from Building 74, Room 210 and wear the I.D. badge during the entire time he/she is on the Salem VAMC grounds. The I.D. badge must be worn in a conspicuous place above the waist. There shall be a $10.00 charge to the contractor, payable via a Bill of Collection, if the I.D. badge is not returned at the time of the employee’s departure. The employee will be given a receipt when the badge is turned in. All employees of the Contractor and subcontractors shall comply with VA security management program, be identified by project and employer, and restricted from unauthorized access.

7. KEYS

If a key is issued to the Contractor’s employee, it must be returned at the time of the employee’s departure. There shall be a $25.00 charge to the contractor, payable via a Bill of Collection, if the key is not returned at the time of the employee’s departure. Issuance of keys shall be coordinated with the COR.

8. NO SMOKING POLICY

Except in designated areas, smoking is strictly prohibited inside of all Salem VAMC buildings. Smoking is also prohibited within fifty (50) feet of a building entrance.

9. WORK HOURS

Normal hours of work shall be Monday through Friday (excluding Federal Holidays), 7:00 a.m. to 4:30 p.m. unless other arrangements are made in advance with the AC Shop Supervisor. The Federal Holidays observed by the Federal Government are:

Or any other day declared by the President of the United States of America to be a Federal Holiday.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Chiller Maintenance Service Contract Contract Period: Base POP Begin: 01-01-2023 POP End: 12-31-2023 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: Z1NB - Maintenance of Heating and Cooling Plants

LOCAL STOCK NUMBER: BASE YEAR

Option year 1 Chiller Maintenance Services Contract Period: Option 1 POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

Option year 2 Chiller Maintenance Service Contract Period: Option 2 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

Option year 3 Chiller Maintenance Service Contract Period: Option 3 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

Option year 4 Chiller Maintenance Service Contract Period: Option 4 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[X] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.8 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except…