36C24925Q0042.docx
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- J047-- Boiler Maintenance for Nashville, TN VAMC
- Solicitation number
- 36C24925Q0042
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This is a Request for Quote (RFQ) issued by the Department of Veterans Affairs Network Contracting Office 9 for full maintenance services on three Cleaver Brooks high-pressure gas and oil-fired fire tube boilers at the VA Medical Center Nashville Campus. The solicitation number is 36C24925Q0042, with quotes due by February 18, 2025 at 9:00 AM CDT.
The contract includes a base period from March 1, 2025 through February 28, 2026, plus four one-year option periods through February 28, 2030. The contractor must provide weekly service visits of minimum 8 hours, monthly safety device testing, and quarterly tune-ups. Services include all maintenance, repairs, parts replacement, calibration, and emergency response within 2 hours. The contract includes a $5,000 monthly allowance for non-routine repair parts. Key requirements include certified technicians with minimum 3 years experience, specialized test equipment for Cleaver Brooks boilers with Hawk 4000 and AutoFlame controls, and compliance with VHA Boiler Safety Manual standards. The solicitation is unrestricted with NAICS code 238220 and a size standard of $19 million.
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36C24925Q0042 Boiler Maintenance Nashville Campus
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
36C24925Q0042 01-29-2025 Michael Edwards 615-225-5506 02-18-2025 9:00
CDT
Department of Veterans Affairs Network Contracting Office 9 (90C)
NCO 9
1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129 X 238220 $19 Million N/A X Department of Veterans Affairs
NCO - 9
3400 Lebanon Pike Murfreesboro TN 37129 90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 204 Murfreesboro TN 37129
90C FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically
Setup 1-877-489-6135 See CONTINUATION Page This requirement is to provide for full maintenance (contractor will supply all parts replacement and repairs) preventive maintenance (PM) and repair service on the boilers, boiler controls, boiler plant ancillary systems and and controls in accordance, at the VAMC, Nashville Campus, 1310 24th Ave S, Nashville, TN 37212.
This requirement is being solicited as unrestricted.
Base period:
03/01/2025 - 02/28/2026 Option Period 1: 03/01/2026 - 02/28/2027 Option Period 2: 03/01/2027 - 02/29/.2028 Option Period 3: 03/01/2028 - 02/28/2029 Option Period 4: 03/01/2029 - 02/28/2030 Wage Determination No. 2015-4647 Rev, No. 27 , dated 12/23/2024 is attached.
See CONTINUATION Page x X Table of Contents
| SECTION A | 2 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 2 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.3 PRICE/COST SCHEDULE | 15 |
| ITEM INFORMATION | 15 |
| B.4 DELIVERY SCHEDULE | 17 |
| SECTION C - CONTRACT CLAUSES | 19 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 19 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 24 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 25 |
| C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS | 25 |
| C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 26 |
| C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 27 |
| C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 27 |
| C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2024) | 28 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 37 |
| SECTION E - SOLICITATION PROVISIONS | 52 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 52 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 58 |
| E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 60 |
| E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 62 |
| E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 63 |
| E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 64 |
| E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 64 |
| E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 65 |
| E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) | 66 |
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 36C249 Department of Veterans Affairs Network Contracting Office 9 (90C)
NCO 9
1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [X] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [x] In Arrears |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT
FULL MAINTENANCE ON BOILERS AND CONTROLS
TVHS NASHVILLE CAMPUS
PART I. GENERAL
A. INTRODUCTION
This requirement is to provide a base year plus 4 option years for full maintenance, (contractor will supply all parts replacement and repairs) preventive maintenance (PM) and repair service on the boilers, boiler controls, boiler plant ancillary systems and controls in accordance with references below at the TVHS, Nashville Campus, 1310 24th Ave South, Nashville TN, 37212.
B. SCOPE OF WORK
Offeror (aka Contractor) shall furnish all transportation, labor, parts, and materials (for all general maintenance), tools and equipment necessary to inspect, calibrate, adjust, repair and maintain in first class operating condition the boilers, boiler combustion controls, associated recording instrumentation (boiler computer system) burner management, flame failure controls, De-aerating Feed Tank (DA Tank), feedwater controls, condensate return controls, pressure reducing valves (PRV), and safety devices, on all boilers listed below in the boiler plant and in the manner and frequency as stipulated in the VHA Boiler Safety Manual current edition. See requirements (section C) for list of equipment needed.
Service visits shall include operator training for the annual boiler inspections outlined in Appendix A scheduled and safety device training during the monthly device training for boiler operators as required by VHA 1810. All work shall be coordinated with the Utility Systems Operations Supervisor (USO Sup.) and or Contract Officer Representative (COR) Usually the same person at the Nashville Campus and done with boiler operators for training purposes.
Safety checks and fuel/air settings must be in accordance with excess air requirements as set by the manufacturer (Cleaver Brooks) for the specific boiler type and by the VA VHA Boiler Plant Safety Devices Testing Manual, current edition and VHA Directive 1810, described in Appendix A. Combustion calibration of oil and gas must be made from 0% to 100% in 5% increments. Check pilot light ignition on natural gas and propane. Test and calibrate boiler water level control system to include high and low water alarm systems. Complete all boiler safety checks in Boiler Plant as listed in the safety manual, test conducted and at a time frequency described in the VHA Boiler Safety Manual Current edition per reference. Any device, system, or part failure should be reported immediately to the USO Supervisor. It is expected that upon the completion of the required service, inspection, and repairs, that all boilers shall be returned to normal operating condition by the Contractor.
Site work shall commence with a meeting with the Contractor and the USO Supervisor. The purpose of this meeting is to address the following items as may be appropriate:
a. Review Boiler Plant safety regulations and lockout/tagout procedures
b. Discuss the nature of the planned activities.
c. Coordinate activities with other outage events.
d. Must have service/repair to include a minimum of 8 (eight) hours per week. If repairs take longer, the time will be included in this contract until the boilers are up to par.
This is a FULL MAINTENANCE AND REPAIR CONTRACT, Contractor is to provide manufacture’s authorized/certified service technicians, transportation, equipment, maintenance, and all repair parts, material, tools (to include specialty tools) supervision, and administration to complete all required repairs, Preventive Maintenance (PM), calibration and replacement for the mechanical and or electric components needed to maintain Boilers at full and safe operations. As provision for this contract, the Contractor shall fully supply and continually maintain ALL parts on hand to repair, maintain and perform routine maintenance and PM to the boilers at no extra cost to the Government.
The total dollar amount for non-routine repair parts, which are above and beyond regular and routine maintenance parts (which are consider incidental for this project), is anticipated to not exceed $60,000.00 per year of the length of this contract. The contractor and COR shall track these non-routine repairs parts funds continually and is in the Government anticipation that these funds will be utilized as needed into 12 (twelve) monthly amounts of $5,000.00 and will accumulate month after month for the current contract year but will not carry over to the next contract year.
Note: The contractor shall track and report the expenditures of these non-routine repair funds; larger amounts needed for non-routine maintenance repair parts will be addressed on case by case. Additionally, non-routine repair parts funds not expended by the Contractor during the current month, shall be credited and rolled forward to the next month’s efforts; and this balance shall be tracked by the contractor (expenses and remaining balance) and reported to the Government monthly. Rolling funds balances can be expected, with the Government written concurrence, on subsequent repair activities. High dollar non-routine repair parts needed (i.e., those more than $10,000.00 in any singular action) will be addressed by the government on a case-by-case basis. The government at any time, reserves the right to DE obligate non-standard repair funds from the contract.
· Routine maintenance: Includes all testing, adjustment, calibration, and work related to replace normal wear and tear parts showing deterioration such as gauges with broken glass, boiler seals and gaskets, lubricants, filters, switches, circuit brakers, sensors, thermostats (non-electric) Single parts priced under $650.00.
· Non-routine maintenance: extensive troubleshooting and replacement of panels, electric parts, pumps, flow meters. These parts will be covered under the $5,000.00 monthly allowance.
C. REQUIREMENTS
All work must be performed by a certified and experienced service technician during normal working hours from 8:00 am – 4:30 pm Central Time, Monday though Friday including ALL Federal and local Holidays.
1. Boiler Plant equipment:
There are three Cleaver Brooks high pressure gas and oil-fired fire tube boilers with AutoFlame controls, Model 4WI-200-600-200. The boilers are 600 HP and operate at approximately 100 psi. This Contract is responsible for the boilers and any interconnection safety controls and wiring connections of the boiler.
(1) Three Cleaver Brooks fire tube boilers and associated safety devices
(2) AutoFlame controls
(3) Three Operating Steam Pressure Limit
(4) Six Steam Pressure Limit switches (Mercoid Switch)
(5) Nine Safety Relief Valve testing (3 on each boiler) (Kunkle 125, 130, 135 psi)
(6) Three Purge Air Flow Switches
(7) Three High furnace pressure switch
(8) Three Primary Low water – AutoFlame
(9) Three Warrick probe for water level Aux high alarms, and Three McDowell Miller Aux low water floats
(10) Three AutoFlame self-check UV scanner flame scanner
(11) Three Combustion air pressure switch
(12) Three ignition timing and flame confirmation (UV Scanner)
(13) Three System failure Response time
(14) Three Low Gas Pressure
(15) Three Low gas Pressure
(16) Three High Gas Pressure
(17) Three Low Gas Pressure
(18) Six Main gas valve – POC and leak test
(19) Six Main oil valve – POC and leak test
(20) Six Low atomizing air pressure switch
(21) Three Low oil pressure switch Mercoid
(22) Three High oil pressure switch Mercoid
(23) Three Low oxygen sensors
(24) AutoFlame DTI
(25) De-Aerator Feed Tank Controls
(26) Combustion controls shall be adjusted to maintain proper fuel/air ratio for most efficient and safe operation throughout the firing range at a maximum of 5% intervals.
(27) Calibration of all transmitters and meters to ensure accurate reading.
(28) Testing of PRV’s, steam stations, and accumulation test per VA Safety Manual.
(29) Testing of all safety devices on DA Tank
(30) Calibration of gas sensors and alarms in boiler plant.
(31) Boiler computer monitoring network.
(32) Three high water alarm conductivity probes (Warrick)
(33) Calibrate all flow transmitters (Steam, Gas, Oil, Water)
(34) Any Boiler safety or Plant safety items in VHA Boiler Safety Manual not listed above.
2. General requirements
| • | Boilers excess air and oxygen shall be maintained throughout the firing range on gas and oil in accordance with burner manufacturer’s burner recommendations (Cleaver-Brooks) |
| • | Exhaust gas test is conducted using Yokogawa® EGA system or Equivalent. System should be checked for calibration and proper operation per manufacturer recommendations. Equipment calibration records shall be provided to the Government (see Section G.b). |
• All Boilers must be tuned on gas and oil every Quarter; Preventive Maintenance to include the normal boiler inspections, gauge calibration, opening the boilers and DA tanks for inspection. Each Boiler and DA tank are opened once per year. Specific dates for opening the Boiler and DA tank shall be coordinated with the Government to minimize impact to the Medical Center campuses normal day-to-day operations.
• Contractor must have full and complete test equipment and tools of the trade required for testing and calibrating Cleaver-Brooks boilers with Hawk 4000 and Autoflame controls including combustion software (latest version), laptop, connection cord to connect laptop to Hawk 4000 and Autoflame, Digital Manometer (calibrated annually, proof of calibration is required as part of deliverable report in Section G.b), nitrogen pressure tank and connection fittings/assembly to test boiler safeties as required in the VHA Boiler Safety Manual (most recent) Edition, digital device to calibrate flow transmitters (such as a Yokagowa), and test gas and device to test gas detection system for the boiler plant. Contractor to supply their own various handheld tools including electrical meters, jumpers, wrenches, screw drivers, etc., typical and standard for the execution of this work. The Contractor is required to provide all their own tools and equipment; none shall be provided by the VA. VA equipment may be used when training VA boiler operators if VA equipment differs in operation from vendor.
• COMPETENCY OF CONTRACT PERSONNEL (Qualifications): An experienced and certified industrial boiler service representative is required. Minimum 3 years of proof of experience and training of Contractor personnel must be provided to the Government for review and concurrence of adequacy. No welded repairs are permitted except by certified welders using code-approved procedures, welding certification must be provided, and hot work permit acquired for enclosed locations from VA Safety department prior to welding work repairs. Contractors should be trained in Hawk 4000 boiler control systems and the Auto Flame boiler control systems and have a minimum of three years of boiler calibration and safety checks on all standard type of boiler devices and switches and testing in manner and frequency of VHA Boiler and Associated Plant Safety Device Testing Manual, Current Edition.
• Detailed maintenance plan for the equipment – weekly, monthly, quarterly, bi-annual, and annual checks to be setup with the Utility Systems Supervisor.
D. PERIOD OF PERFORMANCE
The base year Period of Performance (PoP) for this requirement is from March 1, 2025, through February 28, 2026.
The Option one PoP for this requirement is from March 01, 2026, through February 28, 2027.
The Option two PoP for this requirement is from March 01, 2027 through February 29, 2028.
The Option three PoP for this requirement is from Mach 01, 2028, through February 28, 2029.
The Option four PoP for this requirement is from March 01, 2029, through February 28, 2030.
E. SCHEDULING
Schedule: The Contractor shall schedule with the Contract’s Contracting Officer Representative (COR) and/or the Utility System Supervisor. The Contractor shall perform PM and normal maintenance during normal business hours, (unless other times are stipulated by the COR (typically the Utility Systems Supervisor).
Special Considerations: Emergency call responses are a requirement of this contract. Emergency calls on all down, damaged, or inoperable Boilers and Other Equipment for the Boiler plants equipment, as detailed in this Contract, can be executed at any time (24 hours per day, 7 days per week) with a maximum Contractor response time of two-hour emergency response time to arrive at the VA facility in need of troubleshooting, repairs, and/or maintenance.
F. DELIVERY
a. Work: All work must be performed by a certified and experienced service technician during normal working hours, 8:00 a.m. to 4:30 p.m. Central Time, Monday through Friday.
b. Weekly services shall be coordinated with the facility COR and shall include a minimum of 8 working hours.
c. Monthly visits will include safety device test, these visits will last until the tests are completed (usually one or two days) these visits are in addition to the weekly visit.
d. Each service visit during the months of October, January, April, and July shall consist of a minimum of five (5) days or longer, until all schedule maintenance is completed.
e. Repairs not completed during the weekly visits that are deemed necessary for boiler plant operations will require the contractor to work additional time until the repairs are completed and to MAINTAIN MINIMUM N+1 REDUNDANCY.
f. Rescheduling Process: If selected offeror cannot meet this required schedule, a three-week written notice is required and shall include the proposed new dates for subject visit. This written notification shall be provided to the VA Contracting Officer and COR for agreement if conditions don’t permit a visit during the designated month.
g. During preventative maintenance (PM) inspections and emergency service calls the service technician will be accompanied by the Utility Systems Operator Supervisor or a designee thereof.
h. Service visit shall include training of Boiler Plant Operators on operation and testing of safety devices. Contractor should work closely with VA boiler operators during all phases of calibration and testing.
i. Upon completion of each and ANY repair, monthly PMs, quarterly PMs, semi and annual testing, the Contractor shall perform a functional test and provide work report (PDF format) for all work performed for each facility.
G. PROGRESS AND COMPLIANCE
a. After each scheduled PM or emergency maintenance call is complete, the qualified service technician shall leave a signed service ticket with the Utility Systems Operator Supervisor or his designee detailing work completed at each location, failure of any device, and recommended remedial action (to include parts replaced by Contractor).
b. Deliverables: The Contractor shall provide the CORs professional, accurate, complete, and consistent reports in electronic PDF files. Reports shall include any pertinent information necessary to ensure the Boilers are performing at manufacturer’s design specifications. Reports are due to the CORs within ten (10) working days upon completion of all calibrations and PM’s.
c. Qualifications of Key Personnel: Contractor’s employees should be knowledgeable of and trained in methods and standards generally associated with this type of work.
d. Quality Assurance: The COR is responsible for the inspection of the work called for in this job. The Government shall identify the COR assigned to this Contract by name, telephone number, and location. Quality Assurance inspections made by the COR are for the sole benefit of the Government and do not relieve the Contractor of any Quality Control responsibilities.
PART II. OTHER INFORMATION
a. Security Requirements: Contractor shall identify which employees will be working under the awarded contract. Contractor personnel shall include employees, sub-contractors, subcontractor employees, suppliers and delivery personnel entering the Medical Center. This does not apply to suppliers and delivery personnel making deliveries to the VA warehouse dock only. Those employees identified shall bring photo ID to obtain a VA Contractor identification badge and that badge shall be worn visibly by Contractor personnel above the belt always while on Medical Center property. Contractor's employees shall return all I.D. badges to designated personnel at time designated in the task order.
b. Smoking Policy: The Contractor shall not allow smoking at any TVHS property.
c. Site Cleanup: The Contractor shall always keep the work area, including storage areas, free from accumulations of waste materials.
d. Licensures and Permitting: The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur because of the Contractor’s fault or negligence.
e. Parking/Traffic Regulations: The Contractor shall not park on grassy areas unless approved by the COR and the Contractor agrees to restore areas back to VA standards. Drivers should be particularly concerned with pedestrian traffic. Yield to pedestrians in crosswalks. Posted speed limits and all other traffic controls are always to be observed by operators. Seat belt use is mandatory on the VA grounds.
f. Site Visit: The Contractor shall visit the job site to thoroughly familiarize himself with all the details of the work and working conditions. The Contractor shall be specifically responsible for the coordination and proper relation of his work and ensure the safety of employees and workmen.
APPENDIX A
1. Contractor Required Visit Inspections Frequency and Test Schedule and Operational Test:
Every October is the month for yearly test and inspection, and April is the 6-month inspection.
Per VHA Directive 1810 (MOST RECENT) and VHA Boiler and Associated Plant Safety Device Testing Manual (MOST RECENT)
2. Key to Frequency Abbreviations
| Term |
| Abbreviation |
| High Pressure Steam Boiler |
| HP |
| Low Pressure Steam Boiler |
| LPSB |
| Hot Water Boiler |
| HWB |
| Electric Hot Water Boiler |
| EHWB |
| Electric Steam Boiler |
| ESB |
| Once per month |
| M |
| Once every 6 months. |
| 6M |
| Once per year |
| Y |
| Once every 6 years |
| 6Y |
3. Frequency Chart
SAFETY DEVICE TESTING AND INSPECTION FREQUENCY REQUIREMENTS
| 1 |
| Inspect furnace and other internal surfaces, closures, and accessories. |
| Y |
| 2 |
| Inspect exterior of Unit, casing, supports, closures, accessories, valves, controls. |
| Y |
| 3 |
| Check all Boilers for fouling and combustion gas flow. |
| Y |
| 4 |
| Tube leak check on all boiler types. |
| Y |
| 5 |
| Deaerator: interior cleaning and visual inspection. |
| Y |
| 6 |
| Condensate Tank: interior cleaning and visual inspection. |
| Y |
| 7 |
| Adjust burner combustion settings and calibrate oxygen trim. |
| 6M |
| 8 |
| Check vibration of burner fans. |
| 6M |
| 9 |
| Calibrate instrumentation, monitoring, and control systems. |
| 6M |
| 10 |
| Calibrate pressure gages and thermometers. |
| Y |
| 11 |
| Test functionality of UPS systems. |
| Y |
| 12 |
| Boiler chimneys and stacks, by a qualified inspector. |
| 6Y |
| 13 |
| Emission control system inspection and testing (SCRs etc.). |
| Y |
| 14 |
| Check furnace pressure. |
| 6M |
| 15 |
| Check combustion gas leaks into boiler room. |
| 6M |
| 16 |
| Clean waterside of boilers. |
| Y |
| 17 |
| Clean fireside and repair refractory. |
| Y |
| 18 |
| Review written procedures. |
| Y |
| 19 |
| High Water Alarm on Condensate Tank (HWACT) |
| 6M |
| 20 |
| Low Water Alarm on Condensate Tank (LWACT) |
| 6M |
| 21 |
| High Water Alarm on Deaerator Tank (HWADT) |
| 6M |
| 22 |
| Low Water Alarm on Deaerator Tank (LWADT) |
| 6M |
| 23 |
| Deaerator Overflow Drain System (DAODS) |
| 6M |
| 24 |
| Deaerator Safety Valve (DASV) |
| 6M |
| 25 |
| Steam Safety Valve Following PRV (SVFPRV)-Deaerator |
| 6M |
| 26 |
| Steam Safety Valve Following PRV (SVFPRV) |
| 6M |
| 27 |
| Liquid Relief Valve on Oil Pump Set (LRVOPS) |
| 6M |
| 28 |
| Liquid Relief Valve on Economizer (LRVE) |
| 6M |
| 29 |
| Control Air Pressure Alarm (CAPA) |
| 6M |
| 30 |
| Carbon Monoxide and Combustible Gas Alarms in the Boiler Plant (CMCGABP) |
| 6M |
| 31 |
| Emergency Stop/Panic Buttons (ESPB) |
| Y |
| 32 |
| High Fuel Gas Pressure Alarm on Main Gas Line (HFGPAMG) |
| 6M |
| 33 |
| Low-water cutoff (slow drain) (LWCO) |
| M |
| 34 |
| Fire each boiler and the pilot on the alternate fuel for 1 hour |
| M |
| 35 |
| Auxiliary low-water cut-off (slow drain) (ALWCO) |
| M |
| 36 |
| High-water alarm on Boiler (HWAB) |
| M |
| 37 |
| Low-water alarm (LWA) |
| M |
| 38 |
| High Boiler Steam Pressure Limit Switch (HBSPLS) |
| 6M |
| 39 |
| High High Boiler Steam Pressure Limit Switch (HHBSPLS) |
| 6M |
| 40 |
| Steam safety valves lift test (SVB) |
| 6M |
| 41 |
| Steam safety valves (accumulation test at high fire) |
| Y |
| 42 |
| Low Fuel Gas Pressure Cutoff Switch (LFGPCS) |
| 6M |
| 43 |
| High Fuel Gas Pressure Cutoff Switch (HFGPCS) |
| 6M |
| 44 |
| Automatic Fuel Gas Shutoff Valves and Solenoid Vent Valve Seat Leakage (AFGSOV & AFGSVV) – Main Gas Line |
| 6M |
| 45 |
| Automatic Pilot Fuel Gas Shutoff Valves and Automatic Pilot Fuel Gas Solenoid Vent Valve Seat Leakage (APFGSOV & APFGSVV) – Pilot Line |
| 6M |
| 46 |
| Proof of Closure on Automatic Fuel Shutoff Valves (POC-AFGSOV) – Natural Gas |
| 6M |
| 47 |
| Flame Scanner-for main flame out (FSMFO) |
| M |
| 48 |
| Flame Scanner Not Sensing Igniter Spark (FSNSIS) |
| 6M |
| 49 |
| Igniter Timing (IT) |
| 6M |
| 50 |
| Main Flame Ignition Timing (MFIT) |
| 6M |
| 51 |
| Pre-Purge and Post-Purge Timing (PPT) |
| 6M |
| 52 |
| Low-Fire Proving Switch (LFPS) |
| 6M |
| 53 |
| Forced Draft Damper Wide-Open Pre-Purge Proving Switch (FDDWOPS) |
| 6M |
| 54 |
| Combustion Air Pressure Switch (CAPS) |
| 6M |
| 55 |
| Purge Airflow Proving Switch (PAPS) |
| 6M |
| 56 |
| Forced Draft Motor Interlock Switches (FDMIS) |
| 6M |
| 57 |
| Outlet Stack Damper Position Interlock Switch (OSDPI) |
| 6M |
| 58 |
| Furnace Pressure Interlock (FPI) |
| 6M |
| 59 |
| Low Pilot Fuel Gas Pressure Cutoff Switch (LPFGPCS) |
| 6M |
| 60 |
| Flue Gas Recirculation Damper Interlock (FGRDI) |
| 6M |
| 61 |
| Low Flue Gas Oxygen Level Interlock (LFGOLI) |
| 6M |
| 62 |
| Low Fuel Oil Pressure Cutoff Switch (LFOPCS) |
| 6M |
| 63 |
| High Fuel Oil Pressure Cutoff Switch (HFOPCS) |
| 6M |
| 64 |
| Low Atomizing Media Pressure Switch (LAMPS) |
| 6M |
| 65 |
| Low Atomizing Media Differential Pressure Switch (LAMDPS) |
| 6M |
| 66 |
| Secondary Low Atomizing Media Pressure Switch (SLAMPS) |
| 6M |
| 67 |
| Automatic Fuel Oil Shutoff Valves (AFOSV) - for Seat Leakage |
| 6M |
| 68 |
| Proof of Closure on Automatic Fuel Oil Shutoff Valves (POC-AFOSV) – Oil |
| 6M |
| 69 |
| Oil Burner Position Switch (OBPS) |
| 6M |
Note: Boiler Efficiency Institute (BEI) testing sheets should be used for each test and include the make, model, setting, trip point, whether the test passed or failed, and if failed – recommended repair. Complete report should be given to the Utility System Supervisor prior to leaving the boiler plant on the 5th day of scheduled visit detailing all Contractor work including the testing of safety devices listed above, and all combustion and emission data at 5% intervals.
END OF PERFORMANCE WORK STATEMENT
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12.00 |
| MO |
| __________________ |
| __________________ |
Boiler plants Full maintenance for Nashville Campus from 03-01-2025 - 02-28-2026.
Contract Period: Base POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J047 - Maintenance, Repair, and Rebuilding of Equipment - Pipe, Tubing, Hose, and Fittings
LOCAL STOCK NUMBER: PM FOR BOILERS
| 12.00 |
| MO |
| __________________ |
| __________________ |
PARTS ALLOWANCE
12 (twelve) monthly amounts of $5,000.00 Contract Period: Base POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J047 - Maintenance, Repair, and Rebuilding of Equipment - Pipe, Tubing, Hose, and Fittings
LOCAL STOCK NUMBER: PARTS ALLOWANCE
| 12.00 |
| MO |
| __________________ |
| __________________ |
Boiler plants Full maintenance for Nashville Campus from 03-01-2026 - 02-28-2027.
Contract Period: Option 1 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J047 - Maintenance, Repair, and Rebuilding of Equipment - Pipe, Tubing, Hose, and Fittings
| 12.00 |
| MO |
| __________________ |
| __________________ |
PARTS ALLOWANCE
Contract Period: Option 1 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J047 - Maintenance, Repair, and Rebuilding of Equipment - Pipe, Tubing, Hose, and Fittings
| 12.00 |
| MO |
| __________________ |
| __________________ |
Boiler plants Full maintenance for Nashville Campus from 03-01-2027 - 02-29-2028.
Contract Period: Option 2 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J047 - Maintenance, Repair, and Rebuilding of Equipment - Pipe, Tubing, Hose, and Fittings
| 12.00 |
| MO |
| __________________ |
| __________________ |
PARTS ALLOWANCE
Contract Period: Option 2 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J047 - Maintenance, Repair, and Rebuilding of Equipment - Pipe, Tubing, Hose, and Fittings
| 12.00 |
| MO |
| __________________ |
| __________________ |
Boiler plants Full maintenance for Nashville Campus from 03-01-2028 - 02-28-2029.
Contract Period: Option 3 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J047 - Maintenance, Repair, and Rebuilding of Equipment - Pipe, Tubing, Hose, and Fittings
| 12.00 |
| MO |
| __________________ |
| __________________ |
PARTS ALLOWANCE
Contract Period: Option 3 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J047 - Maintenance, Repair, and Rebuilding of Equipment - Pipe, Tubing, Hose, and Fittings
| 12.00 |
| MO |
| __________________ |
| __________________ |
Boiler plants Full maintenance for Nashville Campus from 03-01-2029 - 02-28-2030.
Contract Period: Option 4 POP Begin: 03-01-2029 POP End: 02-28-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J047 - Maintenance, Repair, and Rebuilding of Equipment - Pipe, Tubing, Hose, and Fittings
| 12.00 |
| MO |
| __________________ |
| __________________ |
PARTS ALLOWANCE
Contract Period: Option 4 POP Begin: 03-01-2029 POP End: 02-28-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J047 - Maintenance, Repair, and Rebuilding of Equipment - Pipe, Tubing, Hose, and Fittings
| GRAND TOTAL |
| __________________ |
B.4 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 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 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 02/28/2030.
(End of Clause)
C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a…
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