36C24625Q0425_1.docx

36C24625Q0425

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

36C24625Q0425 Kristine Woodbury 757-722-9961 x1129 03-14-2025

10:00AM

EDT

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

VA

23667 X X 238220 $19 Million 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 Boiler Inspection Services Period of Performance: Base Year with four (4) one-year options.

See B2 for the Schedule of Services.

See Section B3 for Performance Work Schedule.

See Section E1 for the Instructions to Offerors.

See CONTINUATION Page X X X Harold L. McQuillia, Jr.

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 Kristine Woodbury 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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Boiler Inspections Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Boiler Inspections

Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Boiler Inspections Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Boiler Inspections Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Boiler Inspections Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Performance Work Statement

1.0 INTRODUCTION

The Department of Veterans Affairs currently has the need for a Contractor to inspect the boilers at the Salem VA Medical Center (VAMC), Salem, Virginia. The Salem VA Medical Center (VAMC) has a central boiler plant to provide steam for heating and air conditioning, domestic hot water, kitchens, sterilization and an on-site laundry. Boiler plant safety, reliability, efficiency and equipment longevity are paramount concerns of VA Management. Malfunctioning burners or controls can cause catastrophic events resulting in injuries, death and massive property damage. Inaccurate or inadequate data management and monitoring systems can fail to warn of unsafe or inefficient performance. Regular inspections, testing and calibrations by expert technicians are an essential part of a program to address these concerns. For clarification purposes, CO in this contract refers to the Contracting Officer and COR refers to the Contracting Officer’s Representative.

2.0 SCOPE

The contractor shall furnish all labor, material, equipment, parts, supervision, etc., necessary to service, repair, and perform boiler inspections, testing and calibration of the boiler plant burners, controls and instruments at the Salem VA Medical Center. Contractor shall provide maintenance in a manner which ensures the safe and continuous operation of all equipment listed in accordance with commercial practices and manufacturer’s specifications.

3.0 EQUIPMENT INVENTORY

All the equipment is in Building 13 (Boiler Plant) located on the campus of the Salem VA Medical Center:

3.1 BOILER EUIPMENT

3.2 BOILER SAFETY DEVICES

List of interlocks and safety devices to be inspected and tested on each boiler and other items in the Boiler Plant:

· Low water cut off and shunt switch

· Auxiliary low water cutoff and shunt

· High water alarm

· Low water alarm

· High operating steam pressure switch – recycle

· High operating steam pressure switch – non- recycle.

· High and low fuel pressure switches (gas/oil)

· Low and High Fuel Gas Pressure Cutoff Switch.

· High and low fuel temperature switches (heated oil).

· Low fuel oil atomizing media (steam/comp air) pressure switches.

· Low differential pressure switch, atomizing media/fuel oil (if provided by burner manufacture).

· Proof of Closure on Automatic Fuel Oil Shutoff Valves-Oil.

· Low Atomizing Media Flow Switch.

· Low fuel gas oxygen.

· Oil burner position switch (if provided by the burner manufacture).

· Automatic Fuel Oil Shutoff Valves-For Seat Leakage.

· Leak test fuel safety shut off valves (main and pilot burners) (seat leakage). For Natural Gas and Fuel Oil.

· Leak test gas fuel vent valves.

· Forced Draft Motor Interlock Switches.

· Forced draft damper wide-open Pre-Purge Proving Switch.

· Outlet damper open interlock for purge (if outlet damper provided).

· Purge Airflow Proving Switch.

· Pre-Purge and Post-Purge Timing.

· Ignition timing.

· Outlet Stack Damper Position Interlock Switch.

· Combustion Air Pressure Switch.

· Main flame Ignition Timing

· Flame Scanner Not sensing Igniter Spark (ultraviolet scanner) Only UV-Self checking scanner is VA compliant.

· Flame Scanner- for main flame out.

· High Water Alarm on Condensate Tank.

· Low Water Alarm on Condensate Tank.

· Condensate Overflow Drain System.

· High Water Alarm on Deaerator Tank.

· Low Water Alarm on Deaerator Tank.

· Deaerator Overflow Drain System.

· Deaerator Safety Valve.

· Steam Safety Valve Following PRV-Deaerator.

· Steam Safety Valve Following PRV-Other

· Liquid Relief Valve on Oil Pump Set.

· Liquid Relief Valve on Economizer.

· Control Air Pressure Interlock.

· Furnace Pressure Interlock.

· Propane Pilot Backup System.

· Carbon Monoxide and Combustible Gas Alarms.

· Outside Air Damper Alarm.

· Steam Safety Valves.

· Automatic Fuel Gas Shutoff Valves and Solenoid Vent Valve Seat Leakage.

· Automatic Pilot Fuel Gas Shutoff Valves and Automatic Pilot Fuel Gas Solenoid Vent Valve Seat Leakage.

· Low and High Fuel Oil Pressure Cutoff Switches.

· Low-Fire Proving Switch(s).

· Low Flue Gas Oxygen Level Interlock.

· Flue Gas Recirculation Damper Interlock.

· Emergency Stop/Panic Buttons.

3.3 BOILER CALIBRATION EQUIPMENT

List of instrumentation and controls to be inspected and calibrated Annually:

· Steam flow transmitters (all).

· Steam flow recorders/computer readout.

· Flue gas oxygen sampling; analyzing and recorder/computer readouts.

· Boiler and economizer stack temperature transmitters and recorder/computer readout.

· Master steam pressure controller communicating correctly with sub-master(s) controllers and combustion controllers.

· Boiler outlet draft controllers.

· Boiler water level controllers.

· Feedwater deaerator and condensate storage tank water level controllers including overflow.

· All pressure and temperature sensors and transmitters.

· All signal processing and readout devices.

· All Gauges digital and analog.

4.0 QUALIFICATIONS OF PERSONNELL

Contractor shall provide qualified inspectors and technicians to perform all work at the Salem VA Medical Center.

4.1 TECHNICIAN QUALIFICATIONS

Technicians shall have completed at least a one-year trade school and have five years successful experience in this field. The experience shall be largely with institutional and industrial boiler plants similar in design to the VAMC plant. The VAMC Facility Manager/Engineer may define and accept equivalent qualifications.

Technicians shall demonstrate familiarity with and ready access to the current version of the following references: NFPA 85, Boiler and Combustion Systems Hazards Code VHA Boiler Plant Safety Device Testing Manual, 4th Edition (or current edition).

Technicians shall be equipped with portable electronic flue gas analyzers and other test instruments necessary for the required test and calibrations, all calibrated within one month of the site visits. At facilities with programmable controls, the technicians must be capable of programming the controls and have the appropriate hardware and software on this work.

4.2 INSPECTOR QUALIFICATIONS

Qualified Professional Inspectors as defined below shall perform contract inspections on high pressure (over 15 psig) steam boilers and on feedwater deaerators and other pressure vessels. Contractor employee must meet one of the four (4) criteria:

· A boiler inspector who has a valid commission from the National Board of Boiler and Pressure Vessel Inspectors; OR

· A boiler inspector who shall have been qualified by passing a written examination under the laws, rules and regulations of a jurisdiction of a state; OR

· A boiler inspector who is regularly employed as a boiler inspector by a jurisdiction which has adopted and does administer one or more sections of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code as a legal requirement and has a representative serving as a member of the ASME Conference Committee; OR

· A boiler inspector who is regularly employed by an insurance company which has been licensed or registered by the appropriate authority of a State of the United States to write boiler or pressure vessel insurance.

5.0 REQUIRMENTS

Inspection, testing and calibration shall comply with the recommendation and requirements of VHA Boiler Plant Safety Device Testing Manual, 8th Edition or current edition; written recommendations of the equipment manufacturers; requirements and recommendations of NFPA 85 Boiler and Combustion Systems Hazards Code including applicable appendices; and the boiler/burner performance requirements in this statement of work.

5.1 INSPECTION, TESTING AND CALIBRATION REQUIREMENTS

Technicians shall perform inspections, tuning, testing, calibrating and adjustments of burners and boiler plant controls as specified in this statement of work.

Contractor shall provide the COR at least two weeks’ notice of prior to an inspection. Contractor shall schedule inspections for periods when VA determines that the boilers that will be inspected internally will not be needed for steam supply and when the COR or designee is available on site to monitor the inspections.

Instrumentation, monitoring and data management systems as listed below shall be calibrated.

Only one boiler at a time can be out of service for inspection, testing and calibration procedures.

Work must be conducted when the COR or designee is available on site to monitor the work.

Boilers to be serviced will be prepared by VA Medical Center plant technicians. This includes having the boilers clean of soot and loose scale; fully warmed and at normal steam pressure; steam exhaust silencers system operable; all boiler/burner and fuel train pressure gages and thermometers calibrated; fuel meters in accurate operation (pressure/temperature correction factors provided, if applicable); boiler steam flow, stack temperature and flue gas oxygen instruments operating.

Contractor shall submit in writing to the COR and CO any special work requirements at least two weeks prior to performing service. All reasonable requests will be considered.

5.2 BOILER/BURNER PERFORMANCE REQUIREMENTS

Required Boiler/Burner Performance (natural gas and fuel oil):

· Turndown (ratio of maximum and minimum firing rates): 10/1; 8/1; 5/1; 4/1 (refer to original boiler/burner specifications.)

· Achieve, but do not exceed, boiler maximum steam flow output rating. Measure fuel input at minimum and maximum firing rates.

· Maximum carbon monoxide: 200 parts per million (ppm).

· Maximum NOx: Refers to original boiler/burner specifications).

· Flue gas oxygen: 2.5 – 4.2% (Up to 5.2% at loads below 40% of maximum steam output; no upper limit at minimum firing rate; oxygen can be one percentage point higher on oil firing on single – point positioning system).

· Flue gas oxygen (low excess air burners) 1.0 – 2.0%. (Up to 2.5% at loads below 40% of maximum steam output; no upper limit at minimum firing rate; oxygen can be one percentage point higher on oil firing on single – point positioning system).

· No visible smoke, except on heavy oil fuel maximum opacity is 20%. Comply with local emissions regulations. Copies of the applicable emissions regulations are available and will be provided by the COR.

· Flames shall be stable with no pulsations, shall be retained near boiler/burner, no blow off or flashbacks, no constant flame impingement on refractory or water walls.

6.0 BOILER INSPECTIONS PERFORMANCE

All boilers listed in the equipment inventory of this statement of work are to be inspected under this contract. All the equipment is in Building 175 (Boiler Plant) located on the campus of the Salem, Virginia, VA Medical Center.

There is one (1) Feedwater Deaerator Tank located in Building 175. The Feedwater Deaerator shall have an internal inspection utilizing non-destructive testing. This internal inspection shall be conducted during the base year and each option year of the contract.

Each boiler will be scheduled for inspection two (2) times each year. One set of inspections shall include both the internal and external inspections and will be scheduled during the month of October/April, or a time mutually agreed upon by the Contracting Officer’s Technical Representative (COR). The other set of inspections shall include the external tests only and shall be scheduled approximately six (6) months away from the first. Appendix A of the VHA Boiler Plant Safety Device Testing Manual provides the frequency and type of testing that needs to be completed on an annual and semiannual basis. NOTE: The internal inspection required for the feedwater Deaerator must be scheduled during periods of low steam demand, preferably in October or at a time mutually agreed upon by the COR.

6.1 SUMMARY OF WORK/INSPECTIONS TO BE PERFORMED

Contractor Shall:

· Review boiler plant logs sheets, alarm and trouble reports.

· Review records that show combustion performance, (flue gas oxygen and carbon monoxide)

· Perform overall visual inspection of system.

· Verify that system comply with referenced codes and VAMC requirements stated in this contract.

· Test and record the operation and set points of all burner/boiler safety interlock devices. Refer to list below. Verify that set points and operating points are within approximately 20 percent of normal operating parameters. Make adjustments as necessary and record the new settings. The operation of a devise must result in burner shutdown and/or proper alarm operation.

· Operate burner(s) on each fuel from low fire to high fire and back to low fire in at least six increments and record combustion performance (flue gas oxygen, carbon monoxide, NOx where applicable), fuel train pressures, atomizing train pressures, boiler/burner pressures, stack temperatures, boiler steam output.

· Compare the combustion performance data with VAMC requirements (see below) and previous readings. If necessary make adjustments to the fuel flow and combustion air controllers, control valves and dampers to obtain the required the required performance. Record the new performance data.

· Verify accuracy if instrumentation listed below. Verify that all devices are properly selected for the application in terms of type, size, set points range, performance, code approval. Calibrate all instruments that are not within manufactures specifications for accuracy.

· Immediately inform COR of any recommended repairs or modifications.

7.0 INSPECTION REQUIREMENTS

The COR or designee will observe all work completed by the inspector. All inspections will be coordinated with the COR at least two weeks prior to a scheduled inspection. This is necessary to ensure proper preparation can be made to the boilers and feedwater deaerator in advance.

Internal and external inspections are required to evaluate pressure vessel integrity. Internal pressure vessel inspections and furnace inspections require the boiler(s) to be out of service. To maintain steam service, these inspections shall be scheduled when low steam demands are prevalent. Multiple visits per site will be necessary every year to inspect all the boilers internally. Schedule will be established after contract award.

All internal inspections require that the inspector completely enter the internal spaces of the boiler or feedwater deaerator.

Feedwater deaerator pressure vessels require internal inspections utilizing non-destructive testing every six years. This inspection must be scheduled during periods of low steam demand. External inspections shall be performed annually.

The boiler and feedwater deaerator inspections shall, as a minimum, comply with the guidelines in the current issue of the NATIONAL BOARD INSPECTION CODE, Part RB, In service Inspection of Pressure-Retaining Items, and ASME Boiler and Pressure Vessel Code, Section VI or VII as applicable.

Methods for testing safety devices shall comply with VHA Boiler Plant Safety Device Testing Manual.

7.1 Minimum Inspection Requirements for Boilers:

· Review boiler history including operating conditions, date of last inspection, current inspection certificate, ASME stamping on boiler, National Board registration number, history of repairs and modifications. Review boiler logs, water test reports, and reports on tests performed on the boiler/burner controls and interlocks.

· Assess the external parts of the boilers and boiler accessories and piping and valves for safety, accessibility, proper operation, cleanliness, and compliance with codes.

· Inspect for evidence of leakage of combustion gases or fluids, externally and internally, including all gaskets.

· Inspect boilers externally and internally for defects including bulges, blisters, cracks, wasted or eroded material, warping, general corrosion, grooving and pitting.

· Inspect all accessible internal surfaces for waterside and fireside deposits.

· Examine all stays and stayed plates.

· Inspect gas side baffles.

· Inspect internal drum surfaces and steam separating internals.

· Inspect soot blowers and verify proper alignment.

· Inspect tubes, tube ends and tube alignment.

· Inspect seating surfaces of manways and handholes.

· Check that boiler structure is plumb and level with no excessive deformations.

· Examine all pipe connections to the pressure vessel.

· Inspect refractory including burner throat, expansion joint, bull ring, furnace seals, furnace walls and floor.

· Inspect furnace for evidence of flame impingement.

· Test operation of water level gage glass.

· Inspect disassembled low water cutouts (disassembly by VA). After reinstallation, test operation to the extent possible. Test low water cutouts on hot boilers by lowering water level gradually.

· Verify that steam pressure gage is properly calibrated.

· Test operation of high steam pressure cutouts on hot boilers by raising steam pressure.

· Inspect safety valve installations and verify that the valves are properly selected and properly installed. On boilers that are hot, perform an operation test under pressure to confirm operation at proper set pressures. Operate boiler with burner at high fire to verify adequate steam flow capacity of the safety valves.

· Inspect piping connected to the boilers for evidence of leakage, provision for expansion, provision of adequate support, proper alignment, and evidence of detrimental conditions.

· Inspect piping to the water column, low water cutoffs and alarms, gage glass. Verify that interior of piping is clear of obstructions.

· Inspect valves on boiler feedwater, blowdown, drain and steam systems.

· Provide recommendations for non-destructive testing when the inspections indicate that this is necessary to assure continued safety and reliability under current operating conditions.

7.2 Minimum Inspection Requirements for Feedwater Deaerators:

· Review the deaerator history including operating conditions, date of last inspection, current inspection certificate, ASME stamping, National Board registration number, materials of construction, extent of post weld heat treatment, history of repairs and modifications.

· Assess the external parts of the deaerator and deaerator accessories and piping for safety, accessibility, cleanliness, proper operation, and compliance with codes.

· Inspect for evidence of leakage.

· Note deaerator pressure gage readings and verify gage accuracy.

· Inspect safety valve installation and verify that the valves are properly selected and properly installed. Perform an operation test under pressure to confirm operation at proper set pressures. Verify that the deaerator can safety withstand the test pressure prior to testing the valve(s) in-situ.

· Verify that vent line is open to permit proper venting of gases.

· Inspect support structures for proper integrity.

· Internal inspections (6-year intervals):

· Visually inspect internal surfaces, particularly welds and the heat-affected zone for evidence of cracking.

· Completely examine internal welds with the magnetic particle non-destructive test method. Properly prepare the surface before testing. (Note: This is a VA requirement that must be followed. The 2003 Addendum to the National Board Inspection Code does not require this but it is understood that this may have been inadvertently omitted from the Addendum.)

· Inspect spray nozzles and trays.

8.0 REPORTING

Provide complete written report fully describing all inspections and tests performed, findings, and recommendations. The condition of all items shall be stated, any deficiencies shall be fully described along with recommendations for methods of correction. Utilize National Board Forms NB-6 and NB-7, or other similar forms acceptable to VA, acceptable forms will be established at post award meeting. Furnish report within one week of each facility inspection in “Microsoft Word” format by email to the COR in an attachment.

All safety-related deficiencies shall be immediately reported to the COR during the inspection visit along with recommendations needed for re-inspections after correction of deficiencies. Cost of re-inspections shall be extra cost and any quote for repairs shall be submitted in writing and will requirement prior approval of the COR and CO.

9.0 REFERENCE MATERIALS

ASME Boiler and Pressure Vessel Code: Section I - Power Boilers, Section IV - Heating Boilers, Section VI - Care and Operation of Heating Boilers, Section VII - Care of Power Boilers;

ASME B31.1, Power Piping Code, ASME CSD-1, Controls and Safety Devices for Automatically Fired Boilers, ANSI/NB-23, National Board Inspection Code, NFPA 85, Boiler and Combustion Systems Hazard Code, VHA Boiler Plant Safety Device Testing Manual.

36C24625Q0425

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B.4 SPECIAL CONTRACT REQUIREMENTS

1.0 WORK HOURS or HOURS OF OPERATION

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off duty hours as described below.

Normal working hours are Monday through Friday, 8:00am – 4:30pm, excluding federal holidays which are as follows:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Any other day specifically declared by the President of the United States to be a federal holiday.

When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

2.0 BACKGROUND INVESTIGATIONS

A full background check is not required for this position, however all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the requirement in the performance work statement is Special Agency Check (SAC). This requirement is applicable to all subcontractor personnel requiring the same access. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

3.0 BILLING AND PAYMENT: The contractor shall submit invoices electronically in accordance with VAAR Clause 852.232-72, Electronic Submission of Payment Requests, via VA’s Electronic Invoice Presentment and Payment System. (See Web site http://www.tungsten-network.com/us/en/veterans-affairs-us/ )

All contractors shall be registered as a vendor to submit invoices in accordance with the Department of Veterans affairs e-Invoicing System at time of award.

4.0 CONTRACT ADMINISTRATION: Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

The Point of Contact (POC) shall be responsible for the overall technical administration of this contract.

IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF.

POINTS OF CONTACT:

Contract Specialist (CS)

Kristine Woodbury (CS) Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 Tel: 757-722-9961 x1129 Fax 757-728-3132 Kristne.woodbury@va.gov

Contracting Officer’s (CO)

Harold L. McQuillia, CO Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 Tel: 757-315-3430 Fax 757-728-3132 harold.mcquillia@va.gov

POINT OF CONTACT (POC)

TBA

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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.

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days prior to expiration of contract.

(End of Clause)

C.3 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 60 days prior to expiration of contract; 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.4 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause) C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

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

(1) Means a small business concern—

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