36C24724Q0986.docx

36C24724Q0953

GENERAL INFORMATION

VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

POINT OF CONTACT*

Contract Specialist Samuel Rhodes samuel.rhodes@va.gov

PLACE OF PERFORMANCE

109 Bee Street

Charleston SC

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06/05-26-2022.

The associated North American Industrial Classification System (NAICS) code for this procurement is 561210 with a small business size standard of $47M. The Network Contracting Office 7 is seeking Facilities Support Services for the Ralph H. Johnson VAMC in Charleston, SC

All questions regarding this RFQ must be in writing and may be sent by e‐mail to samuel.rhodes@va.gov. Questions must be received no later than August 19, 2024, at 12:00 PM ET. No further questions will be accepted after that date and time. You are reminded that representatives from your company SHALL NOT contact any VA Medical Center employees to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer (CO).

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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 W

HICH 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

36C24724Q0986 08-15-2024 Samuel Rhodes samuel.rhodes@va.gov 08-23-2024

1:00PM

EDT

Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084 X X 561210 $47 Million N/A X Ralph H. Johnson VA Medical Center 109 Bee Street Charleston SC 29401 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 Quentin Deloney Page 1 of 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.

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

Page 1 of Page 1 of Page 1 of Page 1 of

STATEMENT OF WORK

DESCRIPTION OF SERVICES

The consultant(s) will provide all labor, supervision, equipment, and other items as required to provide the Ralph H. Johnson VA Medical Center (RHJVAMC) Boiler Plant with site-specific standard operating procedures (SOPs), detailed in Scope, and corresponding training service for RHJVAMC staff. The developed procedures and training will conform to VHA Directive 1810(1), Boiler and Boiler Plant Operations, dated September 11, 2018; VHA Boiler and Associated Plant Safety Device Testing Manual, Fifth Edition, dated December 2018; and all applicable laws, codes, and regulations. The consultant(s) must be certified and credentialed as consultant(s) of the Boiler Efficiency Institute (BEI).

PERIOD OF PERFORMANCE

This contract will be awarded as a Firm Fixed Price Contract for one (1) consultative visit, consisting of ten (10), on-site consulting days. The consultative visit will occur between October 1, 2024 and December 1, 2024. Exact dates of service will be determined and agreed upon by RHJVAMC and the consultant(s) following contract award.

PLACE OF PERFORMANCE

Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401

BOILER INFORMATION

Boiler #5

CBLE-200-250-200ST

Boiler #6

CBLE-200-125-200ST

SCOPE

1. DEVELOPMENT OF STANDARD OPERATING PROCEDURES (SOPs)

SOPs will provide clear, concise, step-by-step guidance for Boiler Operators to successfully complete the given task for the semi-annual and monthly testing and inspection of all RHJVMC boiler safety devices, normal boiler plant operations, and emergency operating procedures. Each SOP will be vetted and tested while the consultant(s) are physically on-site (with the assistance of RHJVAMC staff), to ensure all procedures are safe, functional, and compliant, and that procedures can be fully and successfully executed as prescribed by the written text. All SOPs will meet the following criteria:

a. Will be site-specific and customized to the unique specifications, labeling, and equipment of the RHJVAMC Boiler Plant;

b. Will include any fillable forms, checklists, or other attachment(s) as necessary to facilitate successful execution of each SOP; and

c. Will align with currently published RHJVAMC policy and procedures:

i. Medical Center Policy (MCP) 138-21-38, Boiler Plant Operations;

ii. SOP 138-12, Boiler Plant Operations – Inspection, Testing, and Maintenance;

iii. SOP 138-14, Boiler Operator Safety Monitoring; and

iv. SOP 138-15, Boiler Plant Operations – Lock Out Tag Out.

RHJVAMC will supply the consultant(s) with the documentation indicated above, as well as any additional documentation requested by the consultant(s) for the purpose of the SOP development consultation service.

All SOPs will be written in the same format, font, style, and layout using Microsoft Word. All SOPs will include, at minimum, a picture and/or accurate diagram of the equipment annotating the positions of all switches, valves, buttons, etc., which are referenced in the text of the procedures; and a list of all personal protective equipment (PPE) an employee is required to don as a part of the procedure.

2. DELIVERABLES

a. Boiler Plant Safety Device Testing SOPs. Procedures will be developed for all testing and inspecting all required safety devices in the boiler plant. Procedures for the testing and inspection of boiler plant safety devices will include procedures for, at minimum, the following:

(1) Liquid Relief Valve on Economizer (LRVE);

(2) Propane Pilot Backup System;

(3) Carbon Monoxide and Combustible Gas Alarms in the Boiler Plant;

(4) Outside Air Damper Alarm (OADA);

(5) Low Water Alarm and Cutoffs on Boiler (LWA/LWCO/ALWCO);

(6) High Water Alarm on Boiler (HWAB);

(7) Recycle and Non-Recycle Boiler Steam Pressure Limit Switches (RBSPLS & NRBSPLS);

(8) Steam Safety Valves on Boiler (SVB), including procedures for accumulation test at high fire;

(9) Low Fuel Gas Pressure Cutoff Switch (LFGPCS);

(10) High Fuel Gas Pressure Cutoff Switch (HFGPCS);

(11) Automatic Fuel Gas Shutoff Valves and Solenoid Vent Valve Seat Leakage (AFGSOV & AFGSVV) – Main Gas Line;

(12) Automatic Pilot Fuel Gas Shutoff Valves and Automatic Pilot Fuel Gas Solenoid Vent Valve Seat Leakage (APFGSOV & APFGSVV) – Pilot Line;

(13) Proof of Closure on Automatic Fuel Shutoff Valves (POC – AFGSOV) – Natural Gas;

(14) Flame Scanner for Main Flame Out (FSMFO);

(15) Flame Scanner Not Sensing Igniter Spark (FSNSIS);

(16) Igniter Timing (IT);

(17) Main Flame Ignition Timing (MFIT);

(18) Pre-Purge and Post-Purge Timing (PPT);

(19) Low-Fire Proving Switch (LFPS);

(20) Forced Draft Damper Wide-Open Pre-Purge Proving Switch (FDDWOPS);

(21) Combustion Air Pressure Switch (CAPS) (for both Variable and Constant Speed Forced Draft Fan Setup);

(22) Purge Airflow Proving Switch (PAPS);

(23) Forced Draft Motor Interlock Switches (FDMIS);

(24) Low Pilot Fuel Gas Pressure Cutoff Switch (LPFGPCS);

(25) Flue Gas Recirculation Damper Interlock (FGRDI);

(26) Low Flue Gas Oxygen Level Interlock (LFGOLI);

(27) Low Fuel Oil Pressure Cutoff Switch (LFOPCS);

(28) High Fuel Oil Pressure Cutoff Switch (HFOPCS);

(29) Low Atomizing Media Pressure Switch (LAMPS);

(30) Automatic Fuel Oil Shutoff Valves (AFOSV) – Seat Leakage;

(31) Proof of Closure on Automatic Fuel Oil Shutoff Valves (POC – AFOSV) – Oil;

(32) Oil Burner Position Switch (OBPS);

(33) High Water Alarm on Condensate Tank (HWACT);

(34) Low Water Alarm on Condensate Tank (LWACT);

(35) High Water Alarm on Deaerator Tank (HWADT);

(36) Low Water Alarm on Deaerator Tank (LWADT);

(37) Deaerator Overflow Drain System (DAODS);

(38) Deaerator Safety Valve (DASV);

(39) Steam Safety Valve Following PRV (SVFPRV) – Deaerator; and

(40) Liquid Relief Valve on Oil Pump Set (LRVOPS).

b. Emergency Operations SOPs. At least 10 procedures will be developed for emergency operations in the boiler plant, to include the following:

(1) Loss of on-line boiler;

(2) External emergency boiler connections (water, electricity, fuel, etc.);

(3) Emergency shutdown;

(4) Emergency evacuation; and

(5) Call back procedures.

c. Normal Operations SOPs. At least 20 normal operating procedures will be developed for the boiler plant, to include the following:

(1) Testing the emergency water source to the boiler plant;

(2) General equipment rotation plan;

(3) Performing boiler layup (including chemical treatment, safety testing, when to layup, and how to exit layup);

(4) Maintaining appropriate water chemistry;

(5) Performing a comprehensive inspection of boiler exterior;

(6) Performing a comprehensive inspection of deaerator interior;

(7) Checking the vibration of burner fans;

(8) Performing boiler fouling and combustion gas flow check;

(9) Calibration of temperature indicators and pressure gauges used in the boiler plant; and

(10) The operation of boiler plant equipment.

3. TRAINING

Following development of all required SOPs, the consultant(s) will provide hands-on training to RHJVAMC Boiler Plant staff on the execution of the developed procedures. This will include training for the Boiler Plant Training Champions on how to utilize the developed procedures to train new operators.

4. FINAL REPORT

At the conclusion of the consultation services, the consultant(s) will provide an electronic copy of all deliverable documents, using Microsoft Word, to the Contracting Officer’s Representative (COR).

An exit meeting will be conducted, providing an oral report to Engineering Service leadership to discuss the results of the service and any recommendations.

GENERAL REQUIREMENTS

1. CHANGES TO THE STATEMENT OF WORK

Any changes to the SOW will be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be maintained in a project folder, along with all other documents related to the project. Costs incurred by the consultant(s) through any action of parties, other than the Contracting Officer, will be the responsibility of the consultant(s).

2. REPORTING REQUIREMENTS

The consultant(s) will maintain all necessary licenses and/or permits required to fulfill the contract. The consultant(s) will provide the Contracting Officer with a copy of any licenses, permits, and/or documentation required.

3. TRAVEL

The consultant(s) are responsible for any and all travel and/or per diem to and from RHJVAMC. All on-site work will be conducted at the facility:

Ralph H. Johnson VA Medical Center 109 Bee Street Charleston, SC 29401

4. GOVERNMENT RESPONSIBILITIES

RHJVAMC will grant the consultant(s) permission to perform site visits at RHJVAMC – 109 Bee Street, Charleston, SC only.

RHJVAMC will grant the consultant(s) facility access deemed necessary to provide the services required under this contract, Monday through Friday from 7:00am to 4:00pm, excluding Federal Holidays.

5. CONSULTANT EXPERIENCE REQUIREMENTS

The consultant(s) will be authorized provider(s) of the services specified and will be evaluated based on qualifications and experience as the first priority, per VHA Directive 1810(1). The consultant(s) will provide written verification of the competency of their personnel and a list of credentials of approved personnel for placement at RHJVAMC. This information will be required when proposals are submitted and will be used during evaluations in determining contract award.

6. CONTRACTING OFFICER’S REPRESENTATIVE

The RHJVAMC representative of the Contracting Office will be designated to represent the Contracting Officer in furnishing technical guidance and advice regarding the work to be performed under this contract. Delegation of Authority letter(s) will be forwarded to the consultant(s) prior to commencement of the contract, identifying the individual(s) as the COR(s). All authorized representatives of RHJVAMC to order services and/or accept and reject services performed will be delegated as COR(s). No service may be provided without the approval of the COR(s).

7. CONSULTANT PERSONNEL SECURITY REQUIREMENTS

It is agreed that:

All personnel will provide any and all required and/or requested documentation to gain access at RHJVAMC.

The consultant(s) will receive any necessary access badges for the facility and/or be escorted during site visits by a RHJVAMC employee.

No photography on RHJVAMC premises is allowed.

8. CONFIDENTIALITY AND NON-DISCLOSURE

It is agreed that:

The preliminary and final deliverables, and all associated working papers, application source code, and other materials deemed relevant by RHJVAMC which have been generated by the consultant(s) in the performance of this task order, are the exclusive property of the US Government and will be submitted to the COR prior to the conclusion of the period of performance. At the conclusion of the task order, all submittals will be audited by RHJVAMC in conjunction with the consultant(s).

The Contracting Officer will be the sole, authorized official to release, verbally or in writing, any data, draft deliverables, or final deliverables pertaining to this task order. No information will be released by the consultant(s).

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

TESTING & CALIBRATION FOR BOILER PLANT SAFETY DEVICES CONTRACTOR SHALL PROVIDE SEMI-ANNUAL AND ANNUAL INSPECTION, TESTING AND CALIBRATION SERVICES FOR BOILER PLANT SAFETY DEVICES IN ACCORDANCE WITH REQUIREMENTS OF STATEMENT OF WORK.

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

TESTING & CALIBRATION FOR BOILER PLANT SAFETY DEVICES CONTRACTOR SHALL PROVIDE SEMI-ANNUAL AND ANNUAL INSPECTION, TESTING AND CALIBRATION SERVICES FOR BOILER PLANT SAFETY DEVICES IN ACCORDANCE WITH REQUIREMENTS OF STATEMENT OF WORK.

Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026

TESTING & CALIBRATION FOR BOILER PLANT SAFETY DEVICES CONTRACTOR SHALL PROVIDE SEMI-ANNUAL AND ANNUAL INSPECTION, TESTING AND CALIBRATION SERVICES FOR BOILER PLANT SAFETY DEVICES IN ACCORDANCE WITH REQUIREMENTS OF STATEMENT OF WORK.

Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027

TESTING & CALIBRATION FOR BOILER PLANT SAFETY DEVICES CONTRACTOR SHALL PROVIDE SEMI-ANNUAL AND ANNUAL INSPECTION, TESTING AND CALIBRATION SERVICES FOR BOILER PLANT SAFETY DEVICES IN ACCORDANCE WITH REQUIREMENTS OF STATEMENT OF WORK.

Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028

TESTING & CALIBRATION FOR BOILER PLANT SAFETY DEVICES CONTRACTOR SHALL PROVIDE SEMI-ANNUAL AND ANNUAL INSPECTION, TESTING AND CALIBRATION SERVICES FOR BOILER PLANT SAFETY DEVICES IN ACCORDANCE WITH REQUIREMENTS OF STATEMENT OF WORK.

Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029

B.3 DELIVERY SCHEDULE

12.00

12.00

12.00

12.00

12.00

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 30 days.

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

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

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

(End of Clause) C.4 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMATION (JUL 2013)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

Name:

Mailing Address:

Telephone Number:

Person to Contact:

Electronic Address:

(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, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

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

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

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified…