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J045--Boiler Inspection, Cleaning, and Maintenance - Base plus Four (4) Option Year
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36C24826Q0468
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Contract Solicitation Summary

This is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Services issued by the Department of Veterans Affairs Network Contracting Office 8 (Bay Pines VA Medical Center) for annual boiler inspection, cleaning, and preventive maintenance services. The solicitation number is 36C24826Q0468, with an offer due date of April 17, 2026 at 1:00 PM EDT. The contract is a total set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) under NAICS code 238220 (Plumbing, Heating, and Air-Conditioning Contractors) with a small business size standard of $19 million. The base period of performance runs from June 1, 2026 through May 31, 2027, with four one-year option periods extending through May 31, 2031.

The scope of work encompasses annual inspection, cleaning, and preventive maintenance of three CleaverBrooks boilers, a deaerator tank, condensate storage tank, and associated equipment at the C.W. Bill Young VA Medical Center in Bay Pines, Florida. Key deliverables include lockout/tagout procedures, comprehensive boiler inspections and cleaning (waterside, fireside, tube cleaning, burner assembly inspection), safety device inspections, Level Master gasket replacement, low water cutoff testing, combustion tuning, deaerator tank inspection with annual ultrasonic thickness testing, condensate tank inspection, annual gauge replacement, and written reports due within three business days of each inspection. Work must be performed 8:00 AM to 4:30 PM Monday through Friday, excluding federal holidays, with only one boiler out of service at any time and advance notice of 14 calendar days required. The contractor must employ personnel with minimum five years' relevant experience, Florida mechanical contractor license, and Florida Professional Engineer license. Performance standards emphasize zero critical nonconformances, 100% compliance on safety-critical tasks, and zero OSHA recordable incidents. Invoices are submitted monthly and payment is made via electronic funds transfer within net 30 days. All offers must be submitted electronically to moneque.rodriguez@va.gov and include completed SF 1449, VAAR 852.219-75 certification for limitations on subcontracting (75% maximum subcontracting for special trade contractors), pricing for all line items and option years, and supporting documentation demonstrating technical capability and past performance on similar boiler maintenance contracts.

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36C24826Q0468

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

516-26-3-5105-0595 36C24826Q0468 04-06-2026 Moneque Rodriguez 813-550-9486 04-17-2026 13:00

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 10,000 Bay Pines Blvd Bay Pines FL 33744 X X 238220 $19 Million NET 30 Days N/A X

MCC: 90D

Department Of Veteran Affairs C.W. Bill Young VA Medical Center 10,000 Bay Pines Blvd.

Bay Pines FL 33744 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) C.W. Bill Young VA Medical Center 10000 Bay Pines Blvd.

Bay Pines FL 33744

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page "See Performance Work Statement and Schedule".

Base Year: June 01, 2026 - May 31, 2027 Option Year 1: June 01, 2027 - May 31, 2028 Option Year 2: June 01, 2028 - May 31, 2029 Option Year 3: June 01, 2029 - May 31, 2030 Option Year 4: June 01, 2030 - May 31, 2031 See CONTINUATION Page 516-3660162-5105-854100-2580 010050192 X X one Moneque Rodriguez Contracting Officer Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 PERFORMANCE WORK STATEMENT (PWS), PERFORMANCE REQUIREMENTS SUMMARY (PRS), AND QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)5
B.3 PRICE/COST SCHEDULE10
ITEM INFORMATION10
B.4 DELIVERY SCHEDULE21
SECTION C - CONTRACT CLAUSES28
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION)(OCT 2025)28
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)33
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)33
C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)33
C.5 52.240-93 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (DEVIATION) (NOV 2025)43
C.6 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (MAR 2026) (DEVIATION)45
C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)48
C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)51
C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)53
C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)53
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS55
SECTION E - SOLICITATION PROVISIONS58
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION)(OCT 2025)58
E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES59
E.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION)61
E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)63
E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)67
E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION) (OCT 2025)68

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 Moneque Rodriguez Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

10,000 Bay Pines Blvd Bay Pines FL 33744

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
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Monthly Upon Completion

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 PERFORMANCE WORK STATEMENT (PWS), PERFORMANCE REQUIREMENTS SUMMARY (PRS), AND QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) Annual Boiler, Deaerator, and Condensate System Inspection, Cleaning, and Maintenance

SECTION A — PERFORMANCE WORK STATEMENT (PWS)

A1. Scope of Work The Contractor shall furnish all labor, materials, supervision, tools, equipment, and incidentals necessary to perform the annual inspection, cleaning, and preventive maintenance of three Cleaver‑Brooks CBEX‑E 200‑700‑200ST boilers, the deaerator tank, condensate storage tank, and associated boiler plant equipment. Work shall comply with VHA Directive 1810, the VHA Boiler and Associated Plant Safety Device Testing Manual (8th Edition, 2024), NBIC, NFPA 85, and applicable manufacturer recommendations.

Performance Standard:

· All work shall conform to referenced standards with zero critical non‑conformances.

· ≤1 minor deficiency per inspection (unless otherwise approved by the COR).

A2. Scheduling

1. One boiler shall be serviced per month during summer months.

2. Only one boiler may be out of service at any time.

3. The Contractor shall notify the COR and Energy Center Supervisor at least 14 calendar days prior to arrival.

Performance Standards:

· Advance notice ≥14 days: 90% compliance.

· Unapproved boiler outages: 0 occurrences.

A3. Boiler Inspection and Cleaning Requirements Tasks include, at a minimum:

1. Submit Lockout/Tagout (LOTO) procedures for approval.

2. Drain and cool boiler to zero pressure.

3. Open manholes and handholes.

4. Inspect watersides for corrosion and scale; wash out watersides.

5. Inspect and clean firesides; clean tubes and remove soot.

6. Inspect burner assemblies, Morrison tubes, ignition electrodes.

7. Inspect Level Master controls and replace gaskets.

8. Inspect oil‑firing components.

9. Replace gauge glass and gaskets.

10. Install new sealing gaskets prior to reassembly.

Performance Standards:

· LOTO procedures submitted and approved prior to work: 100%.

· Completion of all checklist items per boiler: 100%.

· Reassembly with no leaks or operational impairments: 90%.

· Work area cleaned/restored to original condition: 100%.

A4. Safety Devices and Interlocks All safety devices and interlocks shall be inspected. Replacement shall occur only when devices are deficient, non‑compliant, or at end of service life, and must be approved by the COR.

Performance Standards:

· Safety device/interlock inspection completed for each boiler: 100%.

· Unauthorized replacement: 0 occurrences.

· Deficiencies reported to COR within 24 hours: 100% A5. Boiler Return‑to‑Service Requirements The Contractor shall:

1. Refill boilers and verify controls.

2. Perform LWCO testing.

3. Tune combustion.

4. Return boilers to hot standby with no alarms.

Performance Standards:

· Return‑to‑service with zero alarms: 90%.

· LWCO functional test performed and documented: 100%.

· Combustion tuning within manufacturer specifications: 100%.

A6. Deaerator Tank Inspection Isolate, drain, inspect internals, clean as required, inspect vents and overflow, replace gaskets, and provide written report.

Performance Standards:

· Completion of all inspection items: 100%.

· Report submitted within required timelines: 100%.

A6A. Annual Nondestructive Testing (NDT) – Deaerator Perform one annual ultrasonic thickness test. Provide documented readings and report deficiencies immediately.

Performance Standards:

· NDT performed annually: 100%.

· Report delivered within 3 business days: 90%.

· Immediate notification of deficient readings: within 4 hours of discovery.

A7. Condensate Tank Inspection Drain, inspect, clean, inspect level controls, replace gaskets, and provide written report.

Performance Standards:

· Completion of all inspection items: 100%.

· Report accuracy and completeness: 90%.

· Work performed with no contamination or spills: 90%.

A8. Gauge Replacement All boiler plant gauges shall be replaced annually.

Performance Standards:

· All gauges replaced annually: 100%.

· Gauges meet manufacturer/VA specifications: 100%.

A9. Chemical Cleaning Capability The Contractor shall be capable of acid cleaning when authorized by the COR. Cleaning must follow manufacturer guidance and environmental regulations. Chemical cleaning is optional and only performed with COR approval.

Performance Standards:

· No unauthorized chemical cleaning: 0 occurrences.

· Chemical handling complies with environmental and safety regulations: 100%.

A10. Reporting Requirements Written reports are due within three (3) business days after each inspection.

Performance Standards:

· Reports submitted within 3 business days: 90%.

· Reports include required data/findings/recommendations: 90%.

A11. Hours of Work 8:00 a.m.–4:30 p.m., Monday–Friday, excluding federal holidays, unless otherwise approved by the COR.

Performance Standards:

· Unauthorized after‑hours work: 0 occurrences.

· Work performed within approved schedule: 100%.

A12. Technician Qualifications Minimum five (5) years of relevant experience, Florida Mechanical Contractor License, Florida PE License, and familiarity with VHA boiler plant requirements.

Performance Standards:

· Qualified personnel assigned at all times: 100%.

· Documentation of licenses/experience available upon request: 100%.

A13. Safety Requirements The Contractor shall comply with all VA and OSHA safety requirements and onsite safety protocols.

Performance Standards:

· OSHA recordable incidents: 0.

· Violations of VA safety policies: 0.

· Proper PPE use: 100%.

A14. Deliverables

1. LOTO Procedures (prior to work).

2. Inspection/Maintenance Reports (per unit; due within 3 business days).

3. NDT UT Thickness Readings and summary (annual; due within 3 business days).

4. Deficiency Notifications (within 4–24 hours depending on criticality).

5. Combustion Tuning Results (as‑found/as‑left).

6. Gauge Replacement Log (annually).

7. Qualified Personnel Roster (licenses/experience available upon request).

SECTION B — QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

B1. Purpose This QASP outlines government surveillance methods and performance standards for monitoring the Contractor’s performance under the PWS. It ensures services are delivered in accordance with contract requirements and supports effective contract administration.

B2. Government Roles and Responsibilities Contracting Officer (CO): Overall authority; administers the contract; applies remedies.

Contracting Officer’s Representative (COR): Primary technical representative; monitors performance; documents findings; accepts deliverables.

Energy Center Supervisor (or Designee): Onsite coordination, access, and operational oversight.

B3. Contractor Responsibilities The Contractor shall perform all work per the PWS and maintain quality control over personnel, processes, tools, materials, and documentation. A Contractor Quality Control Plan (QCP) is recommended and shall be available upon request.

B4. Surveillance Methods The Government may use one or more of the following techniques, tailored by risk and performance history:

· 100% Inspection: Applied to safety‑critical tasks (LOTO, LWCO testing, safety device/interlock inspections, NDT reporting, return‑to‑service).

· Periodic Inspection: Weekly/monthly/per‑event reviews of routine tasks and deliverables.

· Random Sampling: Applied to recurring activities (e.g., checklist fidelity).

· Customer Feedback: Professionalism, schedule adherence, housekeeping.

· Review of Contractor Reports: Accuracy, completeness, timeliness.

· Onsite Observation: COR/Energy Center Supervisor observes activities and tests.

B5. Performance Metrics and Standards The Government will evaluate performance against the Performance Standards in Section A. Emphasis is placed on safety, compliance, schedule adherence, and accuracy of documentation.

B6. Government Actions for Non‑Compliance If performance fails to meet AQLs or PWS requirements, the COR will:

1. Document the deficiency using a Contractor Performance Report or equivalent.

2. Notify the Contractor and request corrective action (timeline to be specified).

3. Verify resolution; maintain surveillance records.

Elevate unresolved or repeat deficiencies to the CO for remedies, which may include:

· Re‑performance at no additional cost

· Corrective action plans

· Cure/Show‑Cause notices

· Negative CPARS ratings

· Stop‑Work orders or Termination considerations (as applicable) B7. Documentation and Records The COR shall maintain:

· Surveillance worksheets and observation notes

· Inspection/maintenance reports and NDT records

· Communications with the Contractor

· Deficiency notices and resolutions

· Performance trend summaries (monthly or per boiler serviced)

· Records shall be retained in accordance with VA policy.

B8. Performance Review Meetings The Government may convene periodic review meetings (e.g., monthly, quarterly, or per boiler service event) to assess performance, open issues, trends, and upcoming schedules. Contractor attendance is required when requested.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
3.00
JB
__________________
__________________

Annual Inspection/Cleaning/ Preventative Maintenance – Boiler Contract Period: Base POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

MANUFACTURER PART NUMBER (MPN): NA

Full scope per PWS A3–A5 for Boiler A (LOTO, waterside/fireside cleaning, tube cleaning, burner/Morrison tube/ignition inspection, Level Master gasket replacement, LWCO test, combustion tuning, return to hot standby no alarms).

1.00
JB
__________________
__________________

Condensate Storage Tank Annual Inspection

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Drain, clean, inspection incl. level controls, gasket replacement; report. (PWS A7)

1.00
JB
__________________
__________________

Deaerator Tank Annual Inspection

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Isolate, drain, internal inspection/cleaning, vents/overflow check, gasket replacement; report. (PWS A6)

1.00
JB
__________________
__________________

Annual NDT – Deaerator

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

UT thickness test; documented readings; immediate deficiency report. (PWS A6A)

1.00
LT
__________________
__________________

Annual Gauge Replacement

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Replace all boiler plant gauges; confirm spec compliance; log of replaced gauges. (PWS A8)

1.00
LT
__________________
__________________

Safety Devices & Interlocks Inspection

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Inspect all safety devices/interlocks; replacements only with COR approval; deficiency reporting within 24 hours. (PWS A4)

1.00
LT
__________________
__________________

Combustion Tuning & Return-to-Service

POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

As-found/as-left combustion tuning; verification of controls; LWCO testing; return to hot standby with no alarms. (PWS A5)

3.00
JB
__________________
__________________

Annual Inspection/Cleaning/ Preventative Maintenance – Boiler Contract Period: Option 1 POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Full scope per PWS A3–A5 for Boiler A (LOTO, waterside/fireside cleaning, tube cleaning, burner/Morrison tube/ignition inspection, Level Master gasket replacement, LWCO test, combustion tuning, return to hot standby no alarms).

1.00
JB
__________________
__________________

Condensate Storage Tank Annual Inspection

POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
JB
__________________
__________________

Deaerator Tank Annual Inspection

POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Isolate, drain, internal inspection/cleaning, vents/overflow check, gasket replacement; report. (PWS A6)

1.00
JB
__________________
__________________

Annual NDT – Deaerator

POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
LT
__________________
__________________

Annual Gauge Replacement

POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
LT
__________________
__________________

Safety Devices & Interlocks Inspection

POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Inspect all safety devices/interlocks; replacements only with COR approval; deficiency reporting within 24 hours. (PWS A4)

1.00
LT
__________________
__________________

Combustion Tuning & Return-to-Service

POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

As-found/as-left combustion tuning; verification of controls; LWCO testing; return to hot standby with no alarms. (PWS A5)

3.00
JB
__________________
__________________

Annual Inspection/Cleaning/ Preventative Maintenance – Boiler Contract Period: Option 2 POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Full scope per PWS A3–A5 for Boiler A (LOTO, waterside/fireside cleaning, tube cleaning, burner/Morrison tube/ignition inspection, Level Master gasket replacement, LWCO test, combustion tuning, return to hot standby no alarms).

1.00
JB
__________________
__________________

Condensate Storage Tank Annual Inspection

POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
JB
__________________
__________________

Deaerator Tank Annual Inspection

POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Isolate, drain, internal inspection/cleaning, vents/overflow check, gasket replacement; report. (PWS A6)

1.00
JB
__________________
__________________

Annual NDT – Deaerator

POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
LT
__________________
__________________

Annual Gauge Replacement

POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
LT
__________________
__________________

Safety Devices & Interlocks Inspection

POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Inspect all safety devices/interlocks; replacements only with COR approval; deficiency reporting within 24 hours. (PWS A4)

1.00
LT
__________________
__________________

Combustion Tuning & Return-to-Service

POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

As-found/as-left combustion tuning; verification of controls; LWCO testing; return to hot standby with no alarms. (PWS A5)

3.00
JB
__________________
__________________

Annual Inspection/Cleaning/ Preventative Maintenance – Boiler Contract Period: Option 3 POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Full scope per PWS A3–A5 for Boiler A (LOTO, waterside/fireside cleaning, tube cleaning, burner/Morrison tube/ignition inspection, Level Master gasket replacement, LWCO test, combustion tuning, return to hot standby no alarms).

1.00
JB
__________________
__________________

Condensate Storage Tank Annual Inspection

POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
JB
__________________
__________________

Deaerator Tank Annual Inspection

POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Isolate, drain, internal inspection/cleaning, vents/overflow check, gasket replacement; report. (PWS A6)

1.00
JB
__________________
__________________

Annual NDT – Deaerator

POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
LT
__________________
__________________

Annual Gauge Replacement

POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
LT
__________________
__________________

Safety Devices & Interlocks Inspection

POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Inspect all safety devices/interlocks; replacements only with COR approval; deficiency reporting within 24 hours. (PWS A4)

1.00
LT
__________________
__________________

Combustion Tuning & Return-to-Service

POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

As-found/as-left combustion tuning; verification of controls; LWCO testing; return to hot standby with no alarms. (PWS A5)

3.00
JB
__________________
__________________

Annual Inspection/Cleaning/ Preventative Maintenance – Boiler Contract Period: Option 4 POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Full scope per PWS A3–A5 for Boiler A (LOTO, waterside/fireside cleaning, tube cleaning, burner/Morrison tube/ignition inspection, Level Master gasket replacement, LWCO test, combustion tuning, return to hot standby no alarms).

1.00
JB
__________________
__________________

Condensate Storage Tank Annual Inspection

POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
JB
__________________
__________________

Deaerator Tank Annual Inspection

POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Isolate, drain, internal inspection/cleaning, vents/overflow check, gasket replacement; report. (PWS A6)

1.00
JB
__________________
__________________

Annual NDT – Deaerator

POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
LT
__________________
__________________

Annual Gauge Replacement

POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
LT
__________________
__________________

Safety Devices & Interlocks Inspection

POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Inspect all safety devices/interlocks; replacements only with COR approval; deficiency reporting within 24 hours. (PWS A4)

1.00
LT
__________________
__________________

Combustion Tuning & Return-to-Service

POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

As-found/as-left combustion tuning; verification of controls; LWCO testing; return to hot standby with no alarms. (PWS A5)

GRAND TOTAL
__________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER
SHIPPING INFORMATION
QUANTITY
DELIVERY DATE
0001
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

3.00
June 01, 2026 - May 31, 2027
FOB:
DESTINATION
0002
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2026 - May 31, 2027
FOB:
DESTINATION
0003
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2026 - May 31, 2027
FOB:
DESTINATION
0004
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2026 - May 31, 2027
FOB:
DESTINATION
0005
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2026 - May 31, 2027
FOB:
DESTINATION
0006
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2026 - May 31, 2027
FOB:
DESTINATION
0007
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2026 - May 31, 2027
FOB:
DESTINATION
1001
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

3.00
June 01, 2027 - May 31, 2028
FOB:
DESTINATION
1002
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2027 - May 31, 2028
FOB:
DESTINATION
1003
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2027 - May 31, 2028
FOB:
DESTINATION
1004
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2027 - May 31, 2028
FOB:
DESTINATION
1005
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2027 - May 31, 2028
FOB:
DESTINATION
1006
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2027 - May 31, 2028
FOB:
DESTINATION
1007
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2027 - May 31, 2028
FOB:
DESTINATION
2001
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

3.00
June 01, 2028 - May 31, 2029
FOB:
DESTINATION
2002
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2028 - May 31, 2029
FOB:
DESTINATION
2003
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2028 - May 31, 2029
FOB:
DESTINATION
2004
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2028 - May 31, 2029
FOB:
DESTINATION
2005
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2028 - May 31, 2029
FOB:
DESTINATION
2006
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2028 - May 31, 2029
FOB:
DESTINATION
2007
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2028 - May 31, 2029
FOB:
DESTINATION
3001
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

3.00
June 01, 2029 - May 31, 2030
FOB:
DESTINATION
3002
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2029 - May 31, 2030
FOB:
DESTINATION
3003
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2029 - May 31, 2030
FOB:
DESTINATION
3004
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2029 - May 31, 2030
FOB:
DESTINATION
3005
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2029 - May 31, 2030
FOB:
DESTINATION
3006
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2029 - May 31, 2030
FOB:
DESTINATION
3007
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2029 - May 31, 2030
FOB:
DESTINATION
4001
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

3.00
June 01, 2030 - May 31, 2031
FOB:
DESTINATION
4002
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2030 - May 31, 2031
FOB:
DESTINATION
4003
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2030 - May 31, 2031
FOB:
DESTINATION
4004
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2030 - May 31, 2031
FOB:
DESTINATION
4005
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2030 - May 31, 2031
FOB:
DESTINATION
4006
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2030 - May 31, 2031
FOB:
DESTINATION
4007
SHIP TO:
Department of Veterans Affairs

10000 Bay Pines Blvd Bay Pines, FL 33744 United States

1.00
June 01, 2030 - May 31, 2031
FOB:
DESTINATION

36C24826Q0468

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION)(OCT 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations…

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