36C24820Q0418-016.docx

36C24820Q0418

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

673-20-2-6049-0021 36C24820Q0418 03-13-2020 clarelle De Sylvain 813-972-2000 03-27-2020 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 X 238220 $16.5 Million

NET 30

N/A X Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd Tampa FL 33612 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page Quoters are to e-mail complete quotes to Clarelle De Sylvain via email Clarelle.sylvain@va.gov no later than 5:00 PM eastern stand time March,27th 2020.

Mandatory site visit will be conducted prior to quote submission. The site visit will be conducted on March 20 th in building 39 Central Energy Plant.

See CONTINUATION Page X x Clarelle De Sylvain Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT:

Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971

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

36C24820Q0418

Page 1 of Page 1 of Statement of Work Chiller maintenance PLACE OF PERFORMANCE: James A. Haley Veterans Administration Medical Center (JAHVAMC) Bldg. 42 Administrative building, 13000 Bruce B. Downs Blvd Tampa FL.

SCOPE OF WORK:

Contractor shall maintain the referenced chillers and ancillary equipment, including oil pumps, oil heaters, oil pressure transducers, and oil temperature, in good operating condition in accordance with manufacture's recommendations. Contractor shall supply all labor, test equipment, tools, materials, replacement parts, oil, lubricants, supplies, software, transportation, supervision, and any other items and services necessary to accomplish inspections and services described herein to include emergency repairs. Emergency repairs cost shall be pre-approved by the Contracting Officer Representative or designee prior to repairs being accomplished. Equipment to be serviced is located at the James A. Haley VA Hospital Building #1, Central Energy Plant Building #39, and Community Living Center Building 30. The contract will include a base year and 4 optional years estimated to begin as follows:

Base year – April 3, 2020 thru April 2, 2021 Option year 1 – April 3, 2021 thru April 2, 2022 Option year 2 – April 3, 2022 thru April 2, 2023 Option year 3 – April 3, 2023 thru April 2, 2024 Option year 4 – April 3, 2024 thru April 2, 2025

Please note the option years may be exercised after determination that it is in the best interest of the Government and it has been determined that it is the most advantageous method of fulfilling the Government’s need for these services. Upon award of this contract a 10-year maintenance on each chiller will be required. The vendor will submit a quote to the COR for emergency repairs and will proceed with emergency repair work when approved by the contracting officer.

Security Requirements:

· The C&A requirements do not apply, and a Security Accreditation Package is not required.

DESCRIPTION OF SERVICE/GENERAL INFORMATION. a. Hours of Operation and Scheduling:

1. Work in Building #39 Central Energy Plant may be accomplished as scheduled in advance, 24 hours a day, 7 days per week.

2. Work in Building #1, Building #30 and Building #32 shall be accomplished during normal working hours 7:00AM - 4:30PM, Monday through Friday excluding Federal Holidays.

3. Schedule all work with Building #39 Central Energy Plant Supervisor at (813) 972-2000 extension 7129 or by cell at 813-522-1102, Monday through Friday, 7AM to 3PM.

4. The Central Energy Plant is manned 24 hours a day, 7 days a week, by Central Energy Plant Operators.

5. All work shall be scheduled and completed January through March.

6. Inspections shall be scheduled in each quarter.

7. All emergency repair work accomplished shall have prior approval of the Central Energy Plant Supervisor or his designee.

B. Notification and Response Time for Emergency Repairs:

1. The contractor must be onsite within two hours of receiving notification of a need for an emergency repair from the Central Energy Plant Supervisor or designee.

2. The contractor shall sign in/out at CEP listing the time of arrival and departure from the job site. The contractor shall accomplish a trip slip for each day at the VA facility, listing a detailed description of the work performed and time(s).

SPECIFIC TASKS

1. Bldg 39 Chillers, Carrier -19XR 1000 Ton Centrifugal (5 Each) and Carrier - 19XR 500 Ton Centrifugal (1 Each)

a. Each unit to be serviced four time each year, once each quarter. Chillers 1, 2, 3, and 4 need to be scheduled for their 10-year inspections over the next 5 years.

b. No more than one unit to be serviced at one time unless weather permits. Additional units can be serviced, subject to the approval by the Central Energy Plant Supervisor.

c. Service to include for each unit; leak check with a leak detector, review and evaluation of log readings, sample and analysis of refrigerant and oil

d. Provide the following preventive maintenance procedures as a part of this contract;

· Check of general machine operation, controls, safety devices, gauges, indicators, piping and wiring.

· Replace batteries in control panels on all chillers.

· Log chill water and condensing water in and out temperatures, flow and pump delta-p, cooler (refrigerant temperatures, pressure, leaving temperature differences), condenser (water in and out temperatures, water flow and delta-p, refrigerant and sub cooler temperatures, and leaving temperature differences), oil (level, pump current, sump pressure and temperature, bearing temperature and supply pressure), refrigerant dry cycle indicator status.

· Calibrate cooler transducer, condenser transducer, oil pressure transducer, condenser high pressure cut out, oil low pressure cut out, operating controls, flow switches, motor amperage and voltage, and KW meter. Contractor must provide test sheets with all calibrated points listed including system operational set points tolerances and safety devices set point tolerances per unit.

· Perform oil analysis twice annually

· Compressor oil changes shall be performed on an as needed basis, as determined through the Spectro-analysis results or per chiller manufacturer timeframe. Replace oil reclaim filters and airside filters on all units once a year. Remove all waste oil from the facility.

· Annual visual inspection of condenser tubes including removal of heads, annual brush cleaning of condenser tubes, annual chemical cleaning of condenser coils on air cooled chillers, replace belts on equipment equipped with belts, and all materials and supplies required to carry out these procedures. Perform Eddy Current testing on chillers during evaporator cleaning.

· The evaporator tubes shall be cleaned every other year starting with 2, 4, and 6 the first year of the contract.

· Disposal of all used refrigerant they remove from equipment.

· Required to submit written reports on all repairs and preventive maintenance completed and refrigerant recovered within 30 days of completion of service.

· Required to conduct refrigerant leak checks on all chillers and submit a loss report.

· Centrifugal Chillers refer to item d above. The annual inspection will also consist of leak testing, Meg the compressor motor and oil pump motor, clean the oil strainer, replace the filter and gaskets where required, test vent piping of all relief valves, tighten oil heater leads, check the operation of vane positioners, change compressor oil as indicated by analysis, check condition of chiller starter contacts, and inspect overloads, mechanical trips, and verify settings on electronics, replace batteries in control panel on all chillers. Remove condenser tube sheet cover, clean and brush condenser tubes yearly on all chillers. Remove evaporator tube sheet cover, clean and brush evaporator tubes every two years (alternating years, three chillers per year) starting with the even number chillers in year one of the contract.

· There will be three scheduled maintenance performed during operation consisting of inspecting operating and safety controls, check the operation control circuit, log temperatures, voltage and amperage, check entire lube oil system, check motor and starter operation, check refrigerant and oil levels, check shift logs and discuss the operation of the equipment with the supervisor.

· Air Cooled Chillers will have one annual inspection consisting checking machine general safety, record run hours. Check the compressor oil level, condenser fan operation, compressor sump oil temperatures, perform visual check for oil leaks, check water pressure drop across the evaporator, perform inspection for refrigerant leaks, check evaporator water difference, refrigerant temperature, mechanical and electrical interlocks, water flow switches, evaporator pressure, volts and amperage, meg compressor motors, tighten motor lugs, check mechanical and electrical interlocks, water flow switches, evaporator pressure, discharge pressure, chemically clean coils, and check for any unusual vibration or noises.

· There will be three inspections performed during operation to include inspecting safety controls, review operating logs, check refrigerant charge, check for oil and refrigerant leaks, check flow switches, complete operating log temperatures, pressures, voltages, and amperage, check refrigerant filter temp and drop at full load, and check oil filter pressure drop.

· 10 Year Inspection The compressor refurbishment includes disassembly of the compressor, inspection of all rotating parts, and replacement of the complete high speed thrust assembly, transmission bearings, labyrinth seals and motor bearings.

1. Lock out and tag electrical circuits.

2. Leak test entire unit.

3. Recover refrigerant following EPA guidelines.

4. Remove compressor oil and filter.

5. Perform meg ohm test on motor terminals.

6. Perform compressor slide back.

7. Remove impeller and high speed thrust assembly.

8. Remove compressor motor transmission.

9. Disassemble transmission, inspect gears, replace and pull pinion gear bearings.

10. Reassemble transmission.

11. Replace demister.

12. Re-install motor.

13. Re-install transmission assembly.

14. Replace motor shaft bearing.

15. Provide and install factory new high speed thrust assembly and labyrinth seal.

16. Re-install impeller.

17. Re-install compressor to vane assembly flange replacing all disturbed gasket and O-rings.

18. Remove oil pump, disassembly and check for wearing.

19. Re-assemble oil pump assembly, re-install oil pump.

20. Replace refrigerant, oil and oil return filters.

21. Perform system leak test.

22. Install new compressor oil.

23. Perform dehydration vacuum and standing vacuum test.

24. Charge with existing refrigerant.

25. Perform system start up.

26. Provide one (1) year material and workmanship warranty.

27. Additional refrigerant, if required for trim charge, is not included.

28. Any additional repairs or components that need replacing, other than those identified above, are not included.

Remove refrigerant and re-certify, perform a complete teardown to the maximum extent possible of the chiller compressor including diffuser, high speed assembly, and transmission; inspect all interior and exterior components for wear and report all indications of possible failures to the CEP supervisor for replacement; replace all seals, gaskets, O-rings, bearings and other normal wear items. Check chiller stator motor for damage, including motor windings and bearings; re-assemble chiller compressor assembly; perform all additional maintenance requirements as listed by Carrier recommendations; charge chiller with refrigerant.

Equipment List

Building 39 Carrier Centrifugal Chillers

· Chiller one model number 19XR-385CQH68 serial number 3498J58356

· Chiller two model number 19XR-565EJS68 serial number 339J58357

· Chiller three model number 19XR-565EJS68 serial number 3498J58358

· Chiller four model number 19XR-565EJ568 serial number 3498J58359

· Chiller five model number 19XR-555EKS68 serial number 2305Q71464

· Chiller six model number 19XR-8686574EHH685 serial number 2807Q74389

Building 32 Daikin Chiller MDL# AGZ060EDSEPNN00 Serial# STNU181000022

Building 30 Air Cooled Chillers

· York air cooled SFUM 325300 and SETM 988280

Building 1 Air Cooled Chillers

· York Screw BSI-CGC 225 TONS

· PACU York SEVM 324850 and SEVM 324900

· Carrier chillers 30RBA250 and 30RAN022.

3. QUALIFICATIONS. All work for the duration of the contract shall be performed by certified and or licensed contractor for the support of Carrier, York, and Daikin chillers.

4. CONFIRMATION OF REPAIR WORK. All service to be confirmed and approved by CEP Supervisor. When service is completed, the certified technician must indicate on the service ticket the equipment serviced, specific action taken, and all parts replaced. The CEP supervisor can inspect all parts that have been replaced. The equipment must be identified clearly by name, serial number and location.

5. COMPLIANCE. The contractor shall be fully responsible for compliance with all VA, local, state, and Federal occupational safety laws, rules, and regulations. The contractor shall follow life and safety codes and take necessary actions to avoid conditions that may be hazardous to the health and safety of hospital personnel and patients. The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working procedures; example lockout/tag out if applicable. All work for the duration of the contract shall be performed by certified trained technicians.

6. CONTRACTOR EMPLOYEES. Contractor personnel shall present a neat appearance and be easily recognized as contract employees. Example: wearing steel toe boots and safety glasses.

7. CHANGES TO STATEMENT OF WORK. Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO (or designee) shall be borne by the contractor.

8. HOURS OF OPERATION AND SCHEDULING:

All work will be completed after “Normal” (8 am to 5 pm) business hours and on weekends National Holidays observed by the Federal Government are:

· New Year’s Day…………………………………………January 1

· Martin Luther King’s Birthday………………………….3rd Monday in January

· President’s Day………………………………………….3rd Monday in February

· Memorial Day……………………………………………Last Monday in May

· Independence Day………………………………………. July 4th

· Labor Day……………………………………………… 1st Monday in September

· Columbus Day……………………………………………2nd Monday in October

· Veteran’s Day……………………………………………November 11

· Thanksgiving Day………………………………………. Last Thursday in November

· Christmas Day………………………………………........December 25

Note: This includes any other day declared by the President of the United States to be a national holiday

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

BASE YEAR : Maintain the referenced chillers and ancillary equipment, including oil pumps, oil heaters, oil pressure transducers, and oil temperature, in good operating condition in accordance with manufacture's recommendations IAW to the SOW.

Equipment to be services :

Contract Period: Base POP Begin: 04-03-2020 POP End: 04-02-2021

OPTION YEAR 1: Maintain the referenced chillers and ancillary equipment, including oil pumps, oil heaters, oil pressure transducers, and oil temperature, in good operating condition in accordance with manufacture's recommendations IAW to the SOW.

Contract Period: Option 1 POP Begin: 04-03-2021 POP End: 04-02-2022

OPTION YEAR 2: Maintain the referenced chillers and ancillary equipment, including oil pumps, oil heaters, oil pressure transducers, and oil temperature, in good operating condition in accordance with manufacture's recommendations IAW to the SOW.

Contract Period: Option 2 POP Begin: 04-03-2022 POP End: 04-02-2023

OPTION YEAR 3: Maintain the referenced chillers and ancillary equipment, including oil pumps, oil heaters, oil pressure transducers, and oil temperature, in good operating condition in accordance with manufacture's recommendations IAW to the SOW.

Contract Period: Option 3 POP Begin: 04-03-2023 POP End: 04-02-2024

OPTION YEAR 4: maintain the referenced chillers and ancillary equipment, including oil pumps, oil heaters, oil pressure transducers, and oil temperature, in good operating condition in accordance with manufacture's recommendations IAW to the SOW.

Contract Period: Option 4 POP Begin: 04-03-2024 POP End: 04-02-2025

52.217-8

OPTION FOR 6 MONTH EXTENSION: Maintain the referenced chillers and ancillary equipment, including oil pumps, oil heaters, oil pressure transducers, and oil temperature, in good operating condition in accordance with manufacture's recommendations IAW to the SOW.

Contract Period: Option 5 POP Begin: 04-03-2025 POP End: 10-03-2025

B.3 DELIVERY SCHEDULE

POP Begin: 04-03-2020 POP End: 04-02-2021

POP Begin: 04-03-2021 POP End: 04-02-2022

POP Begin: 04-03-2022 POP End: 04-02-2023

POP Begin: 04-03-2023 POP End: 04-02-2024

POP Begin: 04-03-2024 POP End: 04-02-2025

52.217-8

POP Begin: 04-03-2025 POP End: 10-03-2025

SECTION C - CONTRACT CLAUSES

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of people to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS 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 15 calendar 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: OSHA as to Chiller maintenance for the appropriate Chiller listing.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: OSHA

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Provision) C.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in the Vendor Information Pages (VIP) database.

(c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause) C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

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

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

(End of Clause)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission…