36C24720Q0784_1.docx

36C24720Q0784

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

508-20-3-537-0056 36C24720Q0784 08-24-2020 Quentin Deloney 404-321-6111 09-07-2020

1:00 PM

Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker

GA

30084 X X 561210 $41.5 Million N/A X Atlanta VA Healthcare System 1670 Clairmont Road Decatur

GA

30033 Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker

GA

30084

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page See Section B.2 & SOW for Items See CONTINUATION Page X X X James Boles 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 36C247 Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

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DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER ATLANTA

BOILER PLANT

Includes Safety Device Testing and Calibration, Boiler Plant Burners, Controls, Instruments, and Data Management, Maintenance and Service, Annual Boiler & Tank inspections.

A. General Information

1. Title of Project: Boiler Maintenance Service and Inspection contract.

2. Type of Contract: Firm-Fixed Price Base year with 4 option years.

1. Introduction:

A. Boiler plant safety, reliability, efficiency and equipment longevity are paramount concerns of VAMC management. Malfunctioning burners or controls can cause catastrophic events resulting in injuries and 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 calibration by expert technicians are an essential part of a program to address these concerns. The contractor working with VA plant personnel and supervision will perform all maintenance, testing and repairs to equipment listed below.

2. Technician Qualifications:

A. 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.

B. Technicians shall demonstrate familiarity with maintenance, repair and ready access to the current versions of the following equipment and references:

NFPA 85, Boiler and Combustion Systems Hazards Code.

VHA Boiler Plant Safety Device Testing Manual, 5th Edition prepared by the Boiler Efficiency Institute.

Location #1. 1670 Clairmont rd. Decatur Georgia 30033

4 each Cleaver Brooks 4WI 300 HP Fire Tube boilers equipped with Cleaver Brooks HAWK boiler combustion controls and SCADA operation master control panel and manuals.

1 each Industrial steam D.A. and Condensate Tank set with level and overflow controllers and alarms.

1 each BSI Mechanical feedwater pump system with Danfoss controllers and Grundfos pumps. https://www.bsimechanical.com/

Location #2. 1701 Hardee Ave, Bldg. 125 Fort McPherson, Georgia 30310

2 each Fulton Pulse Combustion Hydronic Boilers Model PHW-1000

1 each (Hydro-Therm) KN series Gas-fired direct vent Cast iron boiler model no. WH3- 0302A

C. Technicians shall be equipped with portable electronic flue gas analyzers and other test instruments necessary for the required tests and calibrations, all calibrated within one month of the site visits. At facilities with programmable digital controls, the technicians must be capable of programming the controls and have the appropriate hardware and software for this work that is appropriate for Cleaver Brooks Hawks burner management systems.

3. Inspection, Testing and Calibration Requirements:

A. Technicians shall provide all tools and labor necessary to perform inspection, tuning, testing, calibrating, and adjustments of burners and boiler and boiler plant controls as specified below. This shall be done every six months in accordance with a schedule provided by VAMC. VAMC may extend the schedule for burners in limited service.

B. Instrumentation, monitoring and data management systems as listed below shall be calibrated every six months.

C. Provide at least two weeks notice to the Contracting Officer’s Representative (COR) prior to performing the work. Work cannot be scheduled during heavy steam load periods. Only one boiler at a time can be out of service for the inspection, testing and calibration procedures. Work must be conducted when the COR or his/her designate is available on site to monitor the work.

D. VAMC will have the boilers that are to be serviced prepared for the technicians upon their scheduled arrival. This includes having the boilers clean of soot and loose scale; fully warmed and at normal steam pressure; steam exhaust silencer 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.

E. VAMC will comply with any other requirements of the test personnel that are considered reasonable by VAMC and have been presented in writing at least two weeks prior to the scheduled testing.

F. The inspections, testing and calibrations shall comply with:

1) The recommendations and requirements of VHA Boiler Plant Safety Devices Testing Manual, 5th Edition.

2) The written recommendations of the equipment manufacturers.

3) The requirements and recommendations of NFPA 85 Boiler and Combustion Systems Hazards Code including applicable appendices.

4) Burner performance requirements in this document.

5) The contractor will furnish a National Board licensed boiler and high-pressure vessel inspector to do the annual inspections of all 4 boilers and the D.A. tank. Inspector will provide inspection certificates with his/her signature and stamp affixed to same to display on the boilers. Contractor shall provide a full written report of inspection along with photos of the boilers fire and water sides on the boilers and the tank set.

6) The contractor shall provide a qualified technician fully trained in boiler safety device testing to perform quarterly, semi-annual, and annual testing for each boiler and Tank set as set forth in the recommendations and requirements of VHA Boiler Plant Safety Devices Testing Manual, 5th Edition. The VA will furnish boiler plant personnel and tools to work with the contractor to do this testing. A hand-written report will be done during this testing and the contractor will furnish an electronic version in Microsoft word, along with a list of findings and recommendations and or corrections made.

G. A summary of the work is as follows:

1) Review boiler plant log sheets and alarm and trouble reports.

2) Review records that show combustion performance (flue gas oxygen and carbon monoxide).

3) Perform overall visual inspection of systems. Verify that systems comply with referenced codes and VAMC requirements stated in this contract.

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

5) 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, burner pressures, stack temperatures, boiler steam output.

6) 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 performance. Record the new performance data.

7) Verify accuracy of instrumentation listed below. Verify that all devices are properly selected for the application in terms of type, size, set point range, performance, code approval. Calibrate all instruments that are not within manufacturer’s specifications for accuracy.

8) Immediately inform COR of any recommended repairs or modifications.

H. All of interlocks and safety devices to be inspected and tested on each boiler/burner/equipment, are contained in the VHA Boiler Plant Safety Devices Testing Manual, 5th Edition, along with testing procedures.

I. Required burner performance (natural gas and #2 fuel low sulfur oil):

1) Turndown (ratio of maximum and minimum firing rates): 10/1 8/1 5/1 4/1 (Refer to original burner specification for Cleaver Brooks 4WI 300 HP Fire tube boilers).

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

3) Maximum carbon monoxide: 200 parts per million (ppm)

4) Maximum NOx: 30 parts per million (Refer to original burner specification).

5) 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 systems).

6) 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 systems).

7) No visible smoke, except on heavy oil fuel maximum opacity is 20%. Comply with local emissions regulations.

8) Note: Copies of the applicable emissions regulations must be available in the boiler plant office. i.e. Current EPA Air Permit.

9) Flames shall be stable with no pulsations, shall be retained near burner, no blowoff or flashbacks, no constant flame impingement on refractory or waterwalls.

J. List of instrumentation and controls to be inspected and calibrated: (All equipment tested shall be tagged by sticker with date and Technician who certifies equipment)

1) Steam flow transmitters (all).

2) Steam flow recorders/computer readout.

3) Flue gas oxygen sampling, analyzing and recorder/computer readout.

4) Boiler and economizer stack temperature transmitters and recorder/computer readout.

5) Master steam pressure and combustion controllers.

6) Boiler outlet draft controllers.

7) Boiler water level controllers.

8) Feedwater pump skid and the deaerator and condensate storage tanks water level controllers including overflow, safety relief valves, pressure gauges, and thermometers.

9) All pressure and temperature sensors and transmitters.

10) All pressure gauges and thermometers

11) All signal processing and readout devices.

4. Reporting requirements:

A. Provide complete written report of the inspection fully describing all tests performed, all findings, and recommendations. The report shall include photos of the boilers waterside and fireside plus have two sections the first section will be in a table form that with four columns:

a. The first column labeled “FUNCTION” did the device pass or fail.

b. The second column labeled “Device” list the device number and description in accordance with the VHA Boiler Plant Safety Devices Testing Manual,5th Edition.

c. The third labeled “Deficiencies-Recommendations”

d. The fourth column labeled “corrective actions” list any corrective actions taken during the inspection.

The next section shall be in paragraph/bulleted form and list each device individual in accordance to the VHA Boiler Plant Safety Devices Testing Manual, 5th Edition. This section must reference the correct Master Specification and Standard Detail for that device. See sample below.

5.1. Condensate Storage Tank High Water Alarm

Purpose: High water level may be an indication of condensate transfer pump failure that could lead to low water condition in the feedwater deaerator and in the boilers. There may be a failure of make-up water controls.

Recommended set point: 4 inches below overflow level and 2/3 of tank height.

Potential hazards due to failure of high-water alarm: Feedwater deaerator running dry and, consequently, boiler feed pumps running dry will cause overheating and damage to pumps and potential for plant shut down. Failure of make-up water controls (in open position) could lead to significant cost from waste of water and condensate from the tank overflow if this occurs over a long time period.

Recommended type of device: Conductivity probe type switch. Float type switches have high failure rate in this application where they are exposed to flash steam that causes seals to harden and prevent float movement.

VA Master Specification section: 23 50 11 (old 15625).

www.va.gov/facmgt/standard/ VA Standard Detail: SD232111-05.pdf www.va.gov/facmgt/standard/ Failure rate of float types: 48% (BEI study of VA boiler plants).

Make and Model: Mercoid Float Did it function properly: No Category & Action Time Limit: Upon Failure or Within 5 Years Comments: Float type switches are not allowed for high water alarms. The VA recommended switch type is a conductivity probe type switch. Install the VA recommended switch and set to alarm at 2/3 of the tank height. There are valves that can isolate this alarm. These valves must be made lockable only in the operating position.

B. Furnish report within two weeks of each facility inspection in “Microsoft Word” format by email to the COR and to the VA Headquarters office designated. Provide hard copies of data sheets and flue gas analyzer “strip” printouts to the COR within two weeks of visit.

C. All safety-related deficiencies shall be immediately reported to the COR, Boiler Plant Work Leader and Supervisor and/or Chief Engineer during the inspection visit along with recommendations to correct same.

D. Quarterly reports due no later than 10 days after inspections or any site visits where contracting work was performed.

5. Response Requirements:

The contractor shall schedule quarterly visits which will total four on site visits per year the Contractor shall be available on site for one-week M-F minimum of 8 hours during the quarterly visits to do comprehensive contract requirements as detailed in this contract. Contractor shall be available for 8 emergency calls per quarter 24/7 with a minimum call back response time of two hours and a minimum on site response time of six hours. The contractor shall furnish up to $3,000.00 in emergency repair parts per quarter as needed. The contractor is required to respond to all phone calls, emails, and text message inquiries within 12 hours and no later than 24 hours.

6. SPECIFIC MANDATORY TASKS AND ASSOCITED DELIVERABLES

· Provide quarterly combustion reports that include NOX

· Provide quarterly BEI testing results with recommendations

· Provide quarterly detailed service log of all service performed

· Provide quarterly log of all emergency call backs and results

· Provide quarterly detailed parts list of all parts furnished

7. EVALUATED OPTIONAL TASKS AND ASSOCIATED DELIVERABLES

The contractor will use their expertise to do an inspection of the entire plant area and equipment each visit and make recommendations concerning improvements to daily operations. Address any safety concerns or possible OSHA violations that staff may be over looking. Contractor will coordinate with plant supervisor & work leader to plan details of all work forthcoming to make all safety testing, annual inspections or repairs as seamless and non-disruptive to the smooth operations of the plant. Contractor may bring or ship parts for future jobs for storage onsite within the confines of the plant.

8. CHANGES TO SCOPE OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in a project folder along with other products of the project. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

9. TRAVEL

Contractor shall cover all travel cost associated with travel to and from their office and the Atlanta VA and Fort McPherson locations.

10. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the Contracting Officer at the conclusion of the task order.

2. The Contracting Officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the Contracting Officer for response.

3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer.

11. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS[footnoteRef:0] [0: This language is still in draft form. The OI Service Center is reviewing alternative sources for background investigations. ]

All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to subcontractor personnel requiring the same access.

1. Position Sensitivity – The position sensitivity has been designated as LOW RISK

1. Background Investigation – The level of background investigation commensurate with the required level of access is (Minimum Background Investigation)

1. Contractor Responsibilities

1. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship, and are able to read, write, speak and understand the English language.

1. The contractor shall submit or have their employees submit the required forms (SF 86 or SF 85P, SF 85P-S, FD 258, Contractor Fingerprint Chart, VA Form 0710, Authority for Release of Information Form, and Optional Forms 306 and 612) to the VA Office of Security and Law Enforcement within 30 days of receipt.

1. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

1. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

1. Government Responsibilities

1. The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor or to the contractor’s employees after receiving a list of names and addresses.

1. Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to the office of Personnel Management (OPM) to conduct the background investigation.

1. The VA Office of Security and Law Enforcement will notify the contracting officer and contractor adjudicating the results of the background investigations received from OMB.

1. Upon being notified about a favorable determination, the contracting officer may issue a notice to proceed to the contractor.

VHA 508

6/30/2019

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

PROVIDE FULL BOILER AND MAINTENANCE SERVICE FOR THE ATLANTA AND FORT McPHERSON BOILER PLANTS PER THE CONTRACT SCOPE OF WORK.

Contract Period: Base POP Begin: 09-15-2020 POP End: 08-31-2021

LOCAL STOCK NUMBER: QUOTE-NO1

PROVIDE FULL BOILER AND MAINTENANCE SERVICE FOR THE ATLANTA AND FORT McPHERSON BOILER PLANTS PER THE CONTRACT SCOPE OF WORK.

Contract Period: Option 1 POP Begin: 09-01-2021 POP End: 08-31-2022

PROVIDE FULL BOILER AND MAINTENANCE SERVICE FOR THE ATLANTA AND FORT McPHERSON BOILER PLANTS PER THE CONTRACT SCOPE OF WORK.

Contract Period: Option 2 POP Begin: 09-01-2022 POP End: 08-31-2023

PROVIDE FULL BOILER AND MAINTENANCE SERVICE FOR THE ATLANTA AND FORT McPHERSON BOILER PLANTS PER THE CONTRACT SCOPE OF WORK.

Contract Period: Option 3 POP Begin: 09-01-2023 POP End: 08-31-2024

PROVIDE FULL BOILER AND MAINTENANCE SERVICE FOR THE ATLANTA AND FORT McPHERSON BOILER PLANTS PER THE CONTRACT SCOPE OF WORK.

Contract Period: Option 4 POP Begin: 09-01-2024 POP End: 08-31-2025

Inspection and Testing – Boiler Plant Burners, Controls and Instruments

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

TECHNICAL AND PRICE PROPOSAL REQUIREMENTS

The Offeror must submit a separate Technical proposal and a separate Price Proposal by the following method: (1) electronically via email to quentin.deloney@va.gov ***All Proposals must be received by Monday, September 7, 2020 at 1:00 PM EST. No LATE Proposals will be ACCEPTED after the deadline has PASSED*** ***All teaming agreements along with a detailed percentage breakdown of duties must be submitted with your proposal or you will be considered non-responsive. No LATE Teaming Agreements will be ACCEPTED*** The Technical Proposal must not contain any reference to price. All attachments shall be clearly marked with the RFQ number in the upper right-hand corner. Each attachment will be identified as “TECHNICAL PROPOSAL” or “PRICE PROPOSAL” to the right of the RFQ number.

TECHNICAL QUESTIONS: Offerors should submit all technical questions concerning this solicitation to the Contracting Officer in writing by 12:00 PM EST on August 28, 2020. Please send all questions to quentin.deloney@va.gov. All responses to questions which may affect offers will be incorporated into a written amendment to the solicitation.

PURPOSE OF TECHNICAL PROPOSAL: The technical proposal will primarily determine the qualifications and capability of the offeror to participate in this contract. It should be specific and complete in every detail. The proposal should be concise and provide sufficient information to demonstrate the offeror’s capacity to satisfactorily perform the task outlined in the solicitation. No price information shall be included in the technical proposal.

I. Evaluation Factors for Proposals The lowest price technically acceptable (LPTA) source selection process will be used as basis of award for these services. Award will be made based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for all non-cost/price factors with appropriate consideration given to the evaluation factors:

1. Technical

2. Past Performance II. Rating System Each factor will be scored as either Acceptable or Unacceptable as defined below. Each proposal will be evaluated against the SOW and the stated evaluation criteria. Each proposal is evaluated using the same standards. Each evaluation factor has specific documents and information that must be submitted with an Offeror’s quote. Failure to provide all requested documents and information may result in a rejected bid and or unacceptable rating.

III. Award Criteria The Contracting Officer (CO) intends to award this contract based on the lowest price technically acceptable proposal.

1. The criteria for evaluation are: 1) Technical Approach; 2) Past Performance. Technical and Past Performance are of equal importance. Lowest Price technically acceptable does not take price into consideration until all evaluations are complete and is only relevant to the bids that receive acceptable rating in all factors.

2. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Technical Factors and “Satisfactory” for Past Performance. All evaluation factors must receive an “Acceptable” to be considered for award when using LPTA. Offerors are cautioned that the awards shall be made based upon the lowest prices offered. The Government intends to award only one (1) contract.

IV. Evaluation Criteria All proposals shall be subject to evaluation by a team of Government personnel. The evaluation process will consider the following:

FACTOR A: Technical Capability – Describes an offerors overall ability to perform the boiler maintenance, service and inspection of all equipment and testing listed in the contract scope of work.

Technical Capability

· Describe the process you have in place to ensure the technicians maintain 95% accuracy in the service and repair to cleaver brooks fire tube boilers and combustion systems or industry equivalent systems.

· Discuss your method used for servicing and maintaining cleaver brooks fire tube boilers or industry equivalent systems.

· Describe your processes for performing boiler safety device testing per the BEI safety testing manual 5th addition and ability to adjust safety devices to operate within BEI parameters.

· Provide detailed information that verifies staff adequacy to perform the contract.

· Provide a list of technicians currently employed by your company who will be used in the performance of this contract.

Quality Control Plan

(a) Provide a list and summary of administrative and technical QA personnel, including position and credentials, office location, hours available and telephone numbers.

(b) Provide a list and summary outlining the position and authority of all administrative and management personnel, including position and credentials, office location, hours available and telephone numbers.

Management Plan / Key Personnel

· Describe the qualifications of proposed key personnel, their responsibilities and their experience performing and managing transcription contracts with the Government.

Experience

· Describe your overall experience performing service and maintenance on Cleaver Brooks fire tube boiler systems, and your process for hiring certified technicians. Include all professional certifications.

· Describe your experience in the mechanical service business, include number of years.

· Describe offeror’s experience in performing government contracts.

· Describe any unique features or experience that differentiates your offeror from competitors.

FACTOR B: Past Performance - Offerors will be evaluated on their ability to perform the contract successfully. Past performance evaluation will consider reliability of past performance information, source of information, and the relevance of information. Offerors without relevant past performance or for whom past performance information is not available, will receive a neutral rating. Relevant past performance information shall include key personnel who have relevant experience, predecessor companies, and subcontractors who will perform major elements of this solicitation. Provide documentary evidence that your company’s primary business is the maintenance, service and inspection of fire tube boiler systems, and that your company has actually performed maintenance, service and inspection on boilers for the past five years. Failure to provide documentation that your company mechanical replacement service as described above will render your proposal nonresponsive.

Offeror must provide at least two (2) customers of reference which shall demonstrate relevant past performance. These references shall contain name, address of facility, contact name, phone number, dates of service, and contract number, if applicable. The experience shall be of similar size and scope.

FACTOR C: Price – The Government will consider award to the lowest price technically acceptable offer. process. If evaluation factors are acceptable for all proposals received and responsive, then award will be made to the lowest price.

**ALL factors must be rated ACCEPTABLE to be considered for award.

1. Technical Factors: Contractor to submit copies of the documentation listed below in order to be determined responsive.

Each factor will be scored as Acceptable or Unacceptable as defined below. Each quotation will be evaluated against the SOW and the stated evaluation criteria using the same "Lowest Price Technically Acceptable” evaluation standards.

Ratings and Definitions The relative importance of factors and sub-factors is as follows: Technical and Past Performance are of equal importance. All non-priced factors when combined are significantly less important than Price.

Technical and Past Performance Evaluation Standards Acceptable ALL of the minimum acceptable criteria are clearly met by the proposal. The offeror’s proposal meets the performance and technical capability requirements defined in the SOW. NOTE: Once the proposals have been determined to be “technically acceptable,” award will based on cost/price only.

Unacceptable Not all of the minimum acceptable criteria are met by the proposal. An unacceptable proposal contains one or more deficiencies. Proposal fails to meet specified minimum performance and technical capability requirements defined in the SOW.

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality…