36C24725Q0094 Water Analyzation and Testing Services.docx
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- Solicitation number
- 36C24725Q0094
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This is a Request for Quote (RFQ) for water analyzation and testing services at the Birmingham VA Medical Center, issued by the VA VISN 7 Network Contracting Office. The contract requires providing water analyzation and testing services for the Chlorine Dioxide Secondary Disinfection System with two incoming domestic water lines, including daily on-site operator services, chemical and bacteriological monitoring, cooling tower treatment, and RO system maintenance. The base period is one year starting February 9, 2025, with four one-year options through February 8, 2030.
The contractor must be located within 30 minutes of the facility, maintain ISO 9001-2015 and ISO 14001-2015 certifications, provide a minimum of two Alabama Grade Four Certified Water Operators, and operate a conditioned laboratory within Jefferson County. Key requirements include daily chlorine dioxide monitoring, monthly bacteriological sampling, quarterly legionella testing, cooling tower treatment, and RO system maintenance. This is a 100% small business set-aside under NAICS 541380 with a size standard of $19 million. Quotes are due by January 17, 2025, at 11:00 AM EST. The contractor must provide seven-day-per-week coverage and maintain an online database for test results and trending data.
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36C24725Q0094
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
521-25-2-5138-0002
01-03-2025 Gail Bargaineer (404)3216111 1-17-2025
11AM
EST
Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084
X
Y 541380 $19 Million
N/A
See Delivery Address
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)
(https://www.fsc.va.gov/einvoice.asp)
Austin TX 78714-9971 (877)489-6135
See CONTINUATION Page Provide Water Analyzation and Testing Services for the Birmingham VA Medical Center (BVAMC) in accordance with the Statement of Work (SOW).
See CONTINUATION Page x
Contracting Officer
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 STATEMENT OF WORK | 5 |
| B.3 PRICE/COST SCHEDULE | 14 |
| ITEM INFORMATION | 14 |
| B.4 DELIVERY SCHEDULE | 35 |
| SECTION C - CONTRACT CLAUSES | 41 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 41 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 46 |
| “Evaluations of Options: | 47 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 47 |
| C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS | 47 |
| C.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) | 48 |
| C.6 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (OCT 2019) | 48 |
| C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 50 |
| C.8 VAAR 852.237-75 KEY PERSONNEL (OCT 2019) | 50 |
| C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 50 |
| C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 51 |
| C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) | 52 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 61 |
| D.1 WAGE DETERMINATION | 61 |
| D.2 QUALITY ASSURANCE/CONTROL | 63 |
| SECTION E - SOLICITATION PROVISIONS | 65 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 65 |
| E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 71 |
| E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 73 |
| E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 73 |
| E.5 52.237-1 SITE VISIT (APR 1984) | 76 |
| E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) | 76 |
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:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [X] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [x] invoice in accordance with schedule. |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 STATEMENT OF WORK
Secondary Water Disinfection Sys Ops B.0 Summary Introduction – This is a new requirement for a period of one year (Base Year) with four-one-year options.
Contractor shall furnish all equipment, supervision, tools, travel, labor, and supplies to provide water analyzation and testing services for the Chlorine Dioxide Secondary Disinfection System with two incoming domestic water lines as required by the Statement of Work.
The Department of Veterans Affairs in Birmingham, AL uses a Chlorine Dioxide Secondary Disinfection System for the two incoming Domestic water lines. The use of secondary disinfection requires permitting in accordance with Alabama Department of Environmental Management (ADEM) Administrative Code r. 335-7-4. The Birmingham VA Medical Center is a Non-Transient Non-Community public water system and must comply with all the requirements of ADEM Admin. Code r. 335-7 and must retain an operator licensed and certified (minimum of Grade One) under ADEM Admin. Code r.335-10.
Holidays: Contractor shall not be required to provide services on Federal Holidays listed below:
| 1. New Year’s Day | 7. Labor Day | ||
| 2. Martin Luther King Jr. Birthday | 8. Columbus Day | ||
| 3. President’s Day | 9. Veterans Day | ||
| 4. Memorial Day | 10.Thanksgiving Day | ||
| 5. Juneteenth | 11. Christmas Day |
6. Independence Day
B.1 Equipment:
Equipment and options/accessories serviced and maintained for the Department of Veterans Affairs Medical Center, 700 19th Street South, Birmingham, AL 35233.
| A. | Two Envirox Chlorine Dioxide Secondary Disinfection Systems |
| B. | Two Evapco Cooling Towers |
| C. | One Vibrant Reverse Osmosis/Silex De-Ionized Sterile Process System |
B.1.2 Definitions/Acronyms:
A. ADEM Grade 4 Operator. A person who is licensed and certified under ADEM Admin. Code r.335-10. and authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VAMC premises and aquire calibration sampling.
B. Safety – Supervisor or designee, Room 2720, phone # 205-933-8101, extension 5268.
C. CO - Contracting Officer.
D. COR - Contracting Officer Technical Representative.
E. Vendor Agent. A person who is authorized by the contractor to perform maintenance sampling services on the VAMC premises.
F. Service Report. A documentation of the services rendered for each incidence of work performance under the terms and condition of the contract.
G. Acceptance Signature. VA employee who indicates demonstrated service conclusion/status and user has accepted work as complete/pending as stated in the Service Report.
H. Authorization Signature. COR's signature; indicates COR accept work status as stated in Service Report.
I. NFPA - National Fire Protection Association.
J. SDWA – Safe Drinking Water Act K. OSHA - Occupational Safety and Health Administration.
L. JCAHO - Joint Commission on Accreditation of Healthcare Organizations.
M. FDA - Food and Drug Administration.
N. DVAMC - Department of Veterans Affairs Medical Center.
O. Normal Working Hours - Monday through Friday, 8:00 a.m. – 5:00 p.m., excluding weekends and Federal Holidays, B.1.3 Contractor Qualifications Contractor must have a conditioned laboratory within Jefferson County capable of analyzing the following tests: Total Chlorine, Free Chlorine, Chlorite, Chlorine Dioxide. Contractor must also be located within Thirty minutes of the Department of Veterans Affairs in Birmingham, AL, must be ISO 9001-2015 and ISO 14001-2015 certified, and include copies of the certificates with this Bid. Contractor shall be on-site Seven days a week. This is due to water safety and emergency issues and require a minimum response time. The selected contractor must also provide a website and logins, as needed, for the Birmingham VA Medical Center for data storage and daily test results. This online database must be capable of graphing and trending the stored data. Contractor must provide Alabama and EPA registration labels for all Biocide treatment for Cooling Towers.
B 1.4 Chemical and Bacteriological Requirements As public water system, the following are the chemical and bacteriological monitoring requirements. Unless noted otherwise, all samples must be analyzed by a certified laboratory. The following testing will need to be performed for each system installed on the 2 Domestic water inlets:
· Bacteriological samples (total coliform and e-Coli) – two samples per month
· Disinfection byproducts - two per quarter
· Lead and Copper - 20 samples twice per year.
· Chlorine Dioxide - daily (performed by licensed operator)
· Chlorite - daily (performed by licensed operator)
· Chlorine -daily (performed by licensed operator)
· Chlorite Analysis-Six (6) samples per month at designated locations In addition, the Birmingham VA Engineering Department will be adding a special condition to the permit that any test for Legionella that is positive must be reported to the Department. As always, the Birmingham VA Engineering Department reserves the right to modify the frequency, amount or type of monitoring based on past sample results or possible problems within the water system. Per ADEM requirements, the analytical testing needs to be performed by a state certified laboratory. Vendor will utilize PACE to meet this requirement. PACE’s analytical laboratory is certified in the State of Alabama to perform drinking water analyses. The following testing will need to be performed:
· Legionella Analysis: Thirty-Two (32) samples per quarter at designated locations this will include quarterly samples at facility cooling towers.
· Cooling Tower Legionella Analysis: Two (2) samples every two weeks, one per cooling tower, for a total of forty-four (44) samples.
· Legionella Analysis Retest: Forty (40) samples for designated locations as needed.
· Heterotrophic Bacteria Count: Ten (10) samples per quarter at designated locations.
B 1.5 Certified Operator and Approved Preparer The following personnel qualifications are required as part of the ADEM permit application:
· Minimum of (two) Alabama Grade Four Certified Water Operators, with a copy of their certification.
· Contractor must have an approved preparer to complete Monthly Operating Reports (MOR) and provide a list of three facilities where contractor is listed as an approved preparer.
B 1.6 Licensed Certified Operator Services Agreement Vendor will provide a Licensed Certified Operator to ensure that the Birmingham VA Medical Center has a Certified Operator as required by the Alabama Department of Environmental Management (ADEM) Division 10 Regulations. The following will be provided to the Birmingham VAMC:
· An Alabama minimum of Grade Four Certified Water Operator of record as required by ADEM Division 10 Regulations shall be provided to the Birmingham VA.
· The Contractor shall prepare reports in accordance with the reporting conditions of the system permit(s), water including all required sampling and analysis results on the permits(s) and shall transmit those reports to the client for transmittal to the proper regulatory agencies in a timely manner. Copies of these reports will be retained for purposes of ADEM inspections and for proper management.
· The Birmingham VA system shall be visited not less than daily and shall, during that visit, observe the general condition and operation of the Envirox System and shall take samples and tests or notify the laboratory of tests as required by the permit(s), or as necessary to properly adjust the operation of the system. The Contractor shall also while on-site observe specific operations of mechanical equipment including control valves and other equipment subject to breakdown or malfunction.
· The Contractor shall visit; report to the designated representative any anticipated or actual problems with the condition of the system or its operation, or any needed or immediately anticipated maintenance and/or repairs. If significant or urgent repairs are needed the Contractor shall report the urgency of those repairs to the Birmingham VAMC.
· The Contractor shall provide full-service assistance in tracking additional sampling requirements, regulatory reporting or other assistance necessary to allow the Birmingham VAMC to meet ADEM regulatory requirements. The contractor shall assist in completing reports, notifying the VA and laboratory of sampling in an appropriate manner allowing the VA time to properly deliver required documents to ADEM. It is the sole responsibility of the Birmingham VAMC to deliver required regulatory reports to ADEM. Failure to deliver the required information to the regulatory agency by due dates is not the responsibility of the contractor upon completing said documents.
· Completion of ADEM Monthly Operation Report and dissemination to ADEM with a copy to the Birmingham VAMC.
· Conduct Chlorine residual monitoring in accordance with ADEM (seven days a week).
· Conduct chlorine Dioxide monitoring in accordance with ADEM (seven days a week).
· Conduct Chlorite monitoring in accordance with ADEM (seven days a week).
· The Contractor shall perform the following samples in accordance with ADEM requirements:
· Conduct monthly Bacteriological sampling (two samples per month)
· Conduct monthly Chlorite sampling (six samples per month)
· Conduct Quarterly Disinfection byproducts sampling (two per quarter)
· Conduct Lead and Copper sampling (20 samples twice per year) The contractor is responsible for providing professional services to the best of their ability. The Contractor shall have permission to enter the premises and distribution system.
B 1.7 Chemical and Bacteriological Analytical This cost includes the following for each domestic water Secondary Disinfection System to meet the permitting sampling requirements of ADEM.
· Bacteriological samples (total coliform and e-Coli) - two samples per month
· Disinfection byproducts - two per quarter
· Lead and Copper - 20 samples twice per year.
B 1.8 Contracted Licensed Certified Operator In addition to the chemical and bacteriological analysis requirements a State Licensed Certified Operator is required to be onsite seven days a week to perform the following as well as all additional actions described within this document for each domestic water inlet Secondary Disinfection System.
· Chlorine Dioxide - daily (performed by licensed operator)
· Chlorite - daily (performed by licensed operator)
· Chlorine - daily (performed by licensed operator) B 1.9 Water Treatment.
· Contractor provide ISO 9001 Certification all cooling tower water treatment will occure under the supervision of Certified Water Technologist. Copy of Certifications to be provided.
· Contractor will treat cooling tower water for microbiological growth. The Biocides shall consist of both a non-oxidizing and oxidizing product. Contractor must provide approved Alabama and EPA Registered labels for all Biocide treatment chemicals.
· The Contractor shall provide a chemical feed system to feed approved Alabama Department of Agriculture and EPA Registered Biocides to the Cooling Towers. The contractor provided equipment should be feed Biocides utilizing a seven-day timer for each.
· Contractor will treat the governments open recirculating systems for scale and corrosion. The contractor will add Borate Nitrite product to the government hot water system to control scale and corrosion. Tests shall be conducted each month to analyze the following parameters: pH, Nitrite, Conductivity, Copper and Iron. Additionally, Contractor will add a Molybdate-based product to the government chilled water system to prevent scale and corrosion. Tests shall be conducted each month to analyze the following parameters: pH, High Range Molybdate, Conductivity, Copper and Iron.
· Contractor will treat the supplemental feed for Hot and Chilled Loop with twice per year as outlined above.
· Contractor shall conduct cooling water analysis for a color-coded typed report provided monthly for the governments systems.
B 1.10 Operating Room Humidifier Maintenance.
· Contractor will ensure all work is performed by a Certified Water Technologist. Copy of Certifications to be provided.
· Contractor shall inspect and perform appropriate preventative maintenance monthly.
B 1.11 Decontamination Room Reverse Osmosis (RO) System Maintenance.
· Contractor will ensure all work is performed by a Certified Water Technologist. Copy of Certifications to be provided.
· Replace Carbon Filters four every month or as needed.
· Replace RO Membrane every quarter.
· Replace De-Ionizing Resin Packet every quarter.
· Replace two Endotoxin Filters every quarter.
· Replace UV Light Bulb annually.
· Perform system Disinfection of System every six (6) months.
· Provide and Handle Disinfectant for RO System.
· Provide and Handle Disinfectant Strips.
· Daily testing by ADEM Operator of RO System Critical Water and Product Water.
B 1.12 SUMMARY OF SERVICES
Line Items
Contract Period: Base Year
| Description of Services |
| Total Annual Qty. |
| Frequency |
ADEM Sampling requirements for Secondary Disinfection:
| 0001-Bacteriological samples (total coliform and e-coli) – 2 samples per month |
| 24 |
| monthly |
| 0002-Disinfection Byproducts – 2 samples per quarter |
| 8 |
| Quarterly |
| 0003-Lead and Copper – 20 samples twice per year |
| 40 |
| Semi-Annual |
| 0004-Contracted License Certified Operator & chemical and bacteriological analysis requirements: |
| 12 |
| monthly |
· State Licensed Certified Operator (On site 7 day per week) providing: Chlorine Dioxide – Daily, Chlorite – Daily, Chlorine – Daily, and Monthly Operation Report Certification
| 0005-Chlorite Analysis for ADEM Requirements: Six (6) samples per month at designated locations. |
| 72 |
| Monthly |
| 0006- Legionella Analysis samples per quarter at designated locations (30) |
| 120 |
| Quarterly |
| 0007- Cooling Tower Legionella Analysis every two weeks, one per cooling towers (2 Towers) over 52 weeks (26 Sample Periods). |
| 52 |
| Every two weeks |
| 0008- Legionella Analysis Retest: Ten (10) samples for designated locations as needed. |
| 40 |
| As Needed |
| 0009- Heterotrophic Bacteria Count (HPC)Ten (10) samples per quarter at designated locations. |
| 40 |
| Quarterly |
| 0010- Cooling Tower treatment for microbiological growth |
| 12 |
| Monthly |
| 0011- Cooling tower treatment for scale and corrosion for open recirculating systems |
| 12 |
| Monthly |
| 0012- Provide Chemical feed system(s) provided for timed feed. |
| 1 |
| Annually |
| 0013- Water analysis and color-coded typed report provided monthly (12) |
| 12 |
| Monthly |
| 0014- Supplemental feed for Hot and Chilled Loop |
| 2 |
| Semi-Annual |
| 0015- Humidifiers (2) DI System Maintenance for Operating Room Humidifier Tanks to be checked monthly |
| 12 |
| Monthly |
| 0016- Replace Carbon Filters four every month or as needed. |
| 48 |
| Monthly |
| 0017- Replace RO Membranes |
| 4 |
| Quarterly |
| 0018- Replace De-Ionizing Resin Packet |
| 8 |
| Quarterly |
| 0019- Replace Endotoxin Filters |
| 4 |
| Quarterly |
| 0020- Replace UV Light Bulb |
| 1 |
| Annually |
| 0021- Perform Disinfection of the RO System |
| 2 |
| Semi-Annual |
| 0022- Provide and Handle Disinfectant for RO System |
| 12 |
| Monthly |
| 0023- Provide and Handle Disinfectant Strips. |
| 12 |
| Monthly |
| 0024-Testing RO System Critical Water and Product Water by ADEM Operator |
| 12 |
| Monthly |
B 1.13 IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:
The Contractor's FSE shall wear visible identification always while on the premises of the Birmingham VA Medical Center. Contractor shall only park in the appropriate designated parking areas. Information on parking is available from the Birmingham VA Medical Center Police Section. Birmingham VA Medical Center will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Birmingham VA Medical Center is a smoke free campus which includes both tobacco and e-cigarettes; tickets can be issued by Police Services. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.
B 1.14 OBTAINING A VA IDENTIFICATION BADGE:
Contractor shall contact the Contracting Officer’s Representative (COR) upon contract award, to receive instructions on how to obtain a VA Identification Badge during the performance of this contract.
B 1.15 SECURITY
The Contractor shall ensure compliance by its employees with the security regulations of the Veteran’s Administration where work is performed under this Contract. Contracted employees shall self-register at https://www.tms.va.gov/SecureAuth35/ . Once registered, enroll in class VA10176 VA Privacy and Information Security Awareness and Rules of Behavior. Contractors shall provide signed certifications of completion to the Contracting Officer’s Representative (COR) prior to starting work on this contract.
Photography or Video on medical center premises is strictly prohibited. Additionally, pursuant to 38 CFR 1.218(b) (23) Use of recording devices of any kind to record patients or employees is strictly prohibited. VA-designated employee shall provide escort in sensitive areas (e.g. patient areas, MACPAC, HAS, or any areas where sensitive information is kept) and in OIT areas.
B 1.16 CONTRACTOR RESPONSIBILITIES
The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees’ fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Alabama. Further, it is agreed that any negligence of the Government, its officers, agents, servants, and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.
B 1.17 RECORDS MANAGEMENT
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. Birmingham VA Medical Center and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Birmingham VA Medical Center or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Birmingham VA Medical Center. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Birmingham VA Medical Center control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Birmingham VA Medical Center guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Birmingham VA Medical Center policy.
8. The Contractor shall not create or maintain any records containing any non-public Birmingham VA Medical Center information that are not specifically tied to or authorized by the contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. The Birmingham VA Medical Center owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which Birmingham VA Medical Center shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 24.00 |
| EA |
| __________________ |
| __________________ |
Bacteriological samples (total coliform and e-coli) 2-samples per month Contract Period: Base POP Begin: 02-09-2025 POP End: 02-08-2026
| 8.00 |
| EA |
| __________________ |
| __________________ |
Disinfection byproducts - 2 samples per quarter
| 40.00 |
| EA |
| __________________ |
| __________________ |
Lead and copper - 20 samples twice per year
| 12.00 |
| EA |
| __________________ |
| __________________ |
Contracted, licensed, certified operator and chemical and bacteriological analysis requirements
POP Begin: 02-09-2025
LOCAL STOCK NUMBER: 7505.10
| 72.00 |
| EA |
| __________________ |
| __________________ |
Cholorite analysis for ADEM requirements: six samples per month at designated locations
| 120.00 |
| EA |
| __________________ |
| __________________ |
Legionella analysis samples per quarter at designated locations (30)
| 52.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower legionella analysis every two weeks, one per cooling tower (2 towers) over 52 weeks (26 sample periods)
| 40.00 |
| EA |
| __________________ |
| __________________ |
Legionella analysis retest: ten (10) samples per quarter at designated locations.
| 40.00 |
| EA |
| __________________ |
| __________________ |
Heterotrophic bacteria count (HPC) ten (10) samples per quarter at designated locations.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower treatment for microbiological growth.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower treatment for scale and corrosion for open recirculating systems
| 1.00 |
| EA |
| __________________ |
| __________________ |
Provide chemical feed system(s) provided for timed feed.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Water analysis and color-coded typed report provided monthly (12).
| 2.00 |
| EA |
| __________________ |
| __________________ |
Supplemental feed for hot and chilled loop.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Humidifiers (2) DI system maintenance for operating room humidifier tanks to be checked monthly.
| 48.00 |
| EA |
| __________________ |
| __________________ |
Replace carbon filters, four every month, or as needed.
| 4.00 |
| EA |
| __________________ |
| __________________ |
Replace RO membranes
| 8.00 |
| EA |
| __________________ |
| __________________ |
Replace de-ionizing resin packet
| 4.00 |
| EA |
| __________________ |
| __________________ |
Replace endotoxin filters
POP Begin: 02-09-2024 POP End: 02-08-2025
| 1.00 |
| EA |
| __________________ |
| __________________ |
Replace UV light bulb
| 2.00 |
| EA |
| __________________ |
| __________________ |
Perform disinfection of the RO system
| 12.00 |
| EA |
| __________________ |
| __________________ |
Provide and handle disinfectant for RO system.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Provide and handle disinfectant strips.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Testing RO system critical water and product water by ADEM operator.
| 24.00 |
| EA |
| __________________ |
| __________________ |
Bacteriological samples (total coliform and e-coli) 2-samples per month Contract Period: Option 1 POP Begin: 02-09-2026 POP End: 02-08-2027
| 8.00 |
| EA |
| __________________ |
| __________________ |
Disinfection byproducts - 2 samples per quarter
| 40.00 |
| EA |
| __________________ |
| __________________ |
Lead and copper - 20 samples twice per year
| 12.00 |
| EA |
| __________________ |
| __________________ |
Contracted, licensed, certified operator and chemical and bacteriological analysis requirements
POP Begin: 02-09-2026
| 72.00 |
| EA |
| __________________ |
| __________________ |
Cholorite analysis for ADEM requirements: six samples per month at designated locations
| 120.00 |
| EA |
| __________________ |
| __________________ |
Legionella analysis samples per quarter at designated locations (30)
| 52.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower legionella analysis every two weeks, one per cooling tower (2 towers) over 52 weeks (26 sample periods)
| 40.00 |
| EA |
| __________________ |
| __________________ |
Legionella analysis retest: ten (10) samples per quarter at designated locations.
| 40.00 |
| EA |
| __________________ |
| __________________ |
Heterotrophic bacteria count (HPC) ten (10) samples per quarter at designated locations.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower treatment for microbiological growth.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower treatment for scale and corrosion for open recirculating systems
| 1.00 |
| EA |
| __________________ |
| __________________ |
Provide chemical feed system(s) provided for timed feed.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Water analysis and color-coded typed report provided monthly (12).
| 2.00 |
| EA |
| __________________ |
| __________________ |
Supplemental feed for hot and chilled loop.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Humidifiers (2) DI system maintenance for operating room humidifier tanks to be checked monthly.
| 48.00 |
| EA |
| __________________ |
| __________________ |
Replace carbon filters, four every month, or as needed.
| 4.00 |
| EA |
| __________________ |
| __________________ |
Replace RO membranes
| 8.00 |
| EA |
| __________________ |
| __________________ |
Replace de-ionizing resin packet
| 4.00 |
| EA |
| __________________ |
| __________________ |
Replace endotoxin filters
POP End: 02-09-2026
| 1.00 |
| EA |
| __________________ |
| __________________ |
Replace UV light bulb
POP End: 02-09-2027
| 2.00 |
| EA |
| __________________ |
| __________________ |
Perform disinfection of the RO system
| 12.00 |
| EA |
| __________________ |
| __________________ |
Provide and handle disinfectant for RO system.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Provide and handle disinfectant strips.
POP End: 02-09-2027
| 12.00 |
| EA |
| __________________ |
| __________________ |
Testing RO system critical water and product water by ADEM operator.
| 24.00 |
| EA |
| __________________ |
| __________________ |
Bacteriological samples (total coliform and e-coli) 2-samples per month Contract Period: Option 2 POP Begin: 02-09-2027 POP End: 02-08-2028
| 8.00 |
| EA |
| __________________ |
| __________________ |
Disinfection byproducts - 2 samples per quarter
| 40.00 |
| EA |
| __________________ |
| __________________ |
Lead and copper - 20 samples twice per year
| 12.00 |
| EA |
| __________________ |
| __________________ |
Contracted, licensed, certified operator and chemical and bacteriological analysis requirements
POP Begin: 02-09-2027
| 72.00 |
| EA |
| __________________ |
| __________________ |
Cholorite analysis for ADEM requirements: six samples per month at designated locations
| 120.00 |
| EA |
| __________________ |
| __________________ |
Legionella analysis samples per quarter at designated locations (30)
| 52.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower legionella analysis every two weeks, one per cooling tower (2 towers) over 52 weeks (26 sample periods)
| 40.00 |
| EA |
| __________________ |
| __________________ |
Legionella analysis retest: ten (10) samples per quarter at designated locations.
| 40.00 |
| EA |
| __________________ |
| __________________ |
Heterotrophic bacteria count (HPC) ten (10) samples per quarter at designated locations.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower treatment for microbiological growth.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower treatment for scale and corrosion for open recirculating systems
| 1.00 |
| EA |
| __________________ |
| __________________ |
Provide chemical feed system(s) provided for timed feed.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Water analysis and color-coded typed report provided monthly (12).
POP Begin: 02-02-2027
| 2.00 |
| EA |
| __________________ |
| __________________ |
Supplemental feed for hot and chilled loop.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Humidifiers (2) DI system maintenance for operating room humidifier tanks to be checked monthly.
| 48.00 |
| EA |
| __________________ |
| __________________ |
Replace carbon filters, four every month, or as needed.
| 4.00 |
| EA |
| __________________ |
| __________________ |
Replace RO membranes
| 8.00 |
| EA |
| __________________ |
| __________________ |
Replace de-ionizing resin packet
| 4.00 |
| EA |
| __________________ |
| __________________ |
Replace endotoxin filters
| 1.00 |
| EA |
| __________________ |
| __________________ |
Replace UV light bulb
| 2.00 |
| EA |
| __________________ |
| __________________ |
Perform disinfection of the RO system
| 12.00 |
| EA |
| __________________ |
| __________________ |
Provide and handle disinfectant for RO system.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Provide and handle disinfectant strips.
POP End: 02-09-2028
| 12.00 |
| EA |
| __________________ |
| __________________ |
Testing RO system critical water and product water by ADEM operator.
| 24.00 |
| EA |
| __________________ |
| __________________ |
Bacteriological samples (total coliform and e-coli) 2-samples per month Contract Period: Option 3 POP Begin: 02-09-2028 POP End: 02-08-2029
| 8.00 |
| EA |
| __________________ |
| __________________ |
Disinfection byproducts - 2 samples per quarter
| 40.00 |
| EA |
| __________________ |
| __________________ |
Lead and copper - 20 samples twice per year
| 12.00 |
| EA |
| __________________ |
| __________________ |
Contracted, licensed, certified operator and chemical and bacteriological analysis requirements
POP Begin: 02-09-2028
| 72.00 |
| EA |
| __________________ |
| __________________ |
Cholorite analysis for ADEM requirements: six samples per month at designated locations
| 120.00 |
| EA |
| __________________ |
| __________________ |
Legionella analysis samples per quarter at designated locations (30)
| 52.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower legionella analysis every two weeks, one per cooling tower (2 towers) over 52 weeks (26 sample periods)
| 40.00 |
| EA |
| __________________ |
| __________________ |
Legionella analysis retest: ten (10) samples per quarter at designated locations.
| 40.00 |
| EA |
| __________________ |
| __________________ |
Heterotrophic bacteria count (HPC) ten (10) samples per quarter at designated locations.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower treatment for microbiological growth.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower treatment for scale and corrosion for open recirculating systems
| 1.00 |
| EA |
| __________________ |
| __________________ |
Provide chemical feed system(s) provided for timed feed.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Water analysis and color-coded typed report provided monthly (12).
| 2.00 |
| EA |
| __________________ |
| __________________ |
Supplemental feed for hot and chilled loop.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Humidifiers (2) DI system maintenance for operating room humidifier tanks to be checked monthly.
| 48.00 |
| EA |
| __________________ |
| __________________ |
Replace carbon filters, four every month, or as needed.
| 4.00 |
| EA |
| __________________ |
| __________________ |
Replace RO membranes
| 8.00 |
| EA |
| __________________ |
| __________________ |
Replace de-ionizing resin packet
| 4.00 |
| EA |
| __________________ |
| __________________ |
Replace endotoxin filters
| 1.00 |
| EA |
| __________________ |
| __________________ |
Replace UV light bulb
| 2.00 |
| EA |
| __________________ |
| __________________ |
Perform disinfection of the RO system
| 12.00 |
| EA |
| __________________ |
| __________________ |
Provide and handle disinfectant for RO system.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Provide and handle disinfectant strips.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Testing RO system critical water and product water by ADEM operator.
| 24.00 |
| EA |
| __________________ |
| __________________ |
Bacteriological samples (total coliform and e-coli) 2-samples per month Contract Period: Option 4 POP Begin: 02-09-2029 POP End: 02-08-2030
| 8.00 |
| EA |
| __________________ |
| __________________ |
Disinfection byproducts - 2 samples per quarter
| 40.00 |
| EA |
| __________________ |
| __________________ |
Lead and copper - 20 samples twice per year
| 12.00 |
| EA |
| __________________ |
| __________________ |
Contracted, licensed, certified operator and chemical and bacteriological analysis requirements
POP Begin: 02-09-2029
| 72.00 |
| EA |
| __________________ |
| __________________ |
Cholorite analysis for ADEM requirements: six samples per month at designated locations
| 120.00 |
| EA |
| __________________ |
| __________________ |
Legionella analysis samples per quarter at designated locations (30)
| 52.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower legionella analysis every two weeks, one per cooling tower (2 towers) over 52 weeks (26 sample periods)
| 40.00 |
| EA |
| __________________ |
| __________________ |
Legionella analysis retest: ten (10) samples per quarter at designated locations.
| 40.00 |
| EA |
| __________________ |
| __________________ |
Heterotrophic bacteria count (HPC) ten (10) samples per quarter at designated locations.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower treatment for microbiological growth.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Cooling tower treatment for scale and corrosion for open recirculating systems
| 1.00 |
| EA |
| __________________ |
| __________________ |
Provide chemical feed system(s) provided for timed feed.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Water analysis and color-coded typed report provided monthly (12).
| 2.00 |
| EA |
| __________________ |
| __________________ |
Supplemental feed for hot and chilled loop.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Humidifiers (2) DI system maintenance for operating room humidifier tanks to be checked monthly.
| 48.00 |
| EA |
| __________________ |
| __________________ |
Replace carbon filters, four every month, or as needed.
| 4.00 |
| EA |
| __________________ |
| __________________ |
Replace RO membranes
| 8.00 |
| EA |
| __________________ |
| __________________ |
Replace de-ionizing resin packet
| 4.00 |
| EA |
| __________________ |
| __________________ |
Replace endotoxin filters
| 1.00 |
| EA |
| __________________ |
| __________________ |
Replace UV light bulb
| 2.00 |
| EA |
| __________________ |
| __________________ |
Perform disinfection of the RO system
| 12.00 |
| EA |
| __________________ |
| __________________ |
Provide and handle disinfectant for RO system.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Provide and handle disinfectant strips.
| 12.00 |
| EA |
| __________________ |
| __________________ |
Testing RO system critical water and product water by ADEM operator.
| GRAND TOTAL |
| __________________ |
B.4 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| COR: Nathan Coburn |
| 24.00 |
| (205) 933-8101 x335268 |
| 8.00 |
| nathan.coburn@va.gov |
| 40.00 |
12.00
72.00
120.00
52.00
40.00
40.00
12.00
12.00
1.00
12.00
2.00
12.00
48.00
4.00
8.00
4.00
1.00
2.00
12.00
12.00
12.00
24.00
8.00
40.00
12.00
72.00
120.00
52.00
40.00
40.00
12.00
12.00
1.00
12.00
2.00
12.00
48.00
4.00
8.00
4.00
1.00
2.00
12.00
12.00
12.00
24.00
8.00
40.00
12.00
72.00
120.00
52.00
40.00
40.00
12.00
12.00
1.00
12.00
2.00
12.00
48.00
4.00
8.00
4.00
1.00
2.00
12.00
12.00
12.00
24.00
8.00
40.00
12.00
72.00
120.00
52.00
40.00
40.00
12.00
12.00
1.00
12.00
2.00
12.00
48.00
4.00
8.00
4.00
1.00
2.00
12.00
12.00
12.00
24.00
8.00
40.00
12.00
72.00
120.00
52.00
40.00
40.00
12.00
12.00
1.00
12.00
2.00
12.00
48.00
4.00
8.00
4.00
1.00
2.00
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…
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