36C24926Q0319.pdf

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

626-26-4-4087-0081

36C24926Q0319 07-17-2026

Scott Dickey 615.225.6454 07-27-2026

11:00 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

NET 30

N/A

X

TVHS VA Medical Center

1310 24th Avenue South

Nashville TN 37212

90C

Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 204

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 for Three (3) Boiler Operators and three (3) AC Operators, IAW Statement of Work for the TVHS VA Medical Facility in Nashville, TN.

The Government anticipates award of a contract to include a one-year base performance period and four (4) option year periods with the services to commence 60 Days ARO.

Statement of Work: See Section B.2

See CONTINUATION Page

X X

X 1

Scott Dickey Contracting Officer

36C24926Q0319

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...24

C.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV

2025) (DEVIATION)

C.5 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

C.6 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

C.7 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.8 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1. See attached document: Wage Det 2015-4647 REV 30 12 03 2025

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

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 Scott Dickey, 36C249 Department of Veterans Affairs Network Contracting Office 9 (90C) NCO 9 1639 Medical Center Parkway, Suite 204

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 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 STATEMENT OF WORK

Utility Contracted Employees Services

1. General Overview Nashville Facility Management requires 24/7 monitoring of the Boiler Plant and Air Conditioning Operations to ensure the environmental safety and health of Veterans and staff alike. If these operations are not fully manned, the hospital will require a temporary shutdown until manning can be obtained. Due to the critical nature of these requirements Veteran Health Administration (VHA) has implemented VHA Directive 1810 specifically for the Boiler Plant Operations that requires a minimum of 90-day onsite training before an employee will be deemed as a fully Qualified Boiler Plant Operator (BPO) able to independently operate or maintain the Boiler Plant Operations to the full extent of required capabilities. Air Conditioning Operator (ACO) requires 60 days of onsite training before beginning job duties independently.

This requirement needs the aforementioned ACO and BPO shifts covered, each position requires an additional 30 hours of emergency coverage for both job fields to total to 60 hours accumulatively.

2. Place of Performance

1310 24th Avenue south, Nashville TN.37212

3. Period of Performance and Schedule

a. The contractor must be available 24/7, 365 days per year at all times via phone with an on-site response time of 2 hours.

b. It is not allowable for the contractor to fail to provide coverage for any assigned shift, ever, regardless of reason. The critical nature of this service requires adherence.

Contractor is responsible for providing shift coverage as assigned regardless of any issues affecting their employee attendance including but not limited to: contractor employee illness/injury, paid time off, employee turnover. All personnel covering shift must be fully trained so contractor should plan ahead accordingly.

c. Emergency Shifts could range from 0800-1600, 1600-2400, or 2400-0800. These shifts are required to be available within 24 hours of emergent call received for emergency services and do not count towards regular 40-hour shifts.

d. Training schedule - Will not reflect actual schedule, contracted employees will be required to work.

1. BPO - Daily for at least the first 90 days if contracted employee is already a fully qualified BPO. If training is insufficient termination may occur.

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

OFF 0800-1600 0800-1600 0800-1600 0800-1600 0800-1600 OFF

2. ACO – Daily for at least the first 60 days if contacted employee is not already certified to work alone. If training is insufficient termination may occur.

OFF 0800-1600 0800-1600 0800-1600 0800-1600 0800-1600 OFF

e. Regular Schedule – Once training is completed.

1. BPO-1600-2400, 2400-0800

a. Schedule 1 – Or as mission requires with a 72-hour notification.

OFF 12m-8a 12m-8a 12m-8a 12m-8a 12m-8a OFF

b. Schedule 2 – Or as mission requires with a 72-hour notification.

12p-12a OFF OFF OFF 4p-12a 4p-12a 4p-12a

c. Schedule 3 – Or as mission requires with a 72-hour notification.

12a-12p 4p-12a 4p-12a 4p-12a OFF OFF 12a-12p

2. ACO – 1600-2400, 2400-0800

a. Schedule 1 – Or as mission requires with a 72-hour notification.

12a-8a 4p-12a 4p-12a OFF OFF 12a-8a 12a-8a

b. Schedule 2 – Or as mission requires with a 72-hour notification.

OFF 12a-8a 12a-8a 12a-8a 12a-8a 12a-8a OFF

c. Schedule 3 – Or as mission requires with a 72-hour notification.

4p-12a OFF OFF 4p-12a 4p-12a 4p-12a 4p-12a

f. Contracted employees will be required to work on Federal Holidays should the schedule fall provided by the COR upon successful completion of training for both trades is on said federal holiday. List of Federal Holidays is below.

GOVERNMENT HOLIDAYS:

• New Year’s Day January 1

• Martin Luther King’s Birthday 3rd Monday in January

• President’s Day 3rd Monday in February

• Memorial Day Last Monday in May

• Juneteenth Jun 19th

• Independence Day July 4th

• Labor Day 1st Monday in September

• Columbus Day 2nd Monday in October

• Veteran’s Day November 11

• Thanksgiving Day Last Thursday in November

• Christmas Day December 25

Any other day designated by the President as a national holiday. When one of the holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by United States Government agencies.

4. Equipment List

a. Boiler Plant Equipment Required Knowledgeability

1. 3 Cleaver Brook high pressure Boilers – Maintenance and repair required, safety device testing required, log pressures daily, and watch/maintain pressure alarms and gages. Not limited to these requirements.

2. Deaerator (DA) tank – Prevents corrosion by having chemicals in water to treat.

Employees are required to maintain their systems.

3. Hot Well Tanks/Pumps – Which will require regular maintenance.

b. Air Conditioning Equipment Required Knowledgeability – 5 years of qualified experiences.

1. Air Handler Units

2. Cooling Towers

3. Chillers – Starting and stopping

4. Pumps

5. Motors

6. Exhaust Fans

7. Refrigerators

8. Ice Machines

9. Walkin Coolers

10. Pneumatic Tube System

11. Basic plumbing

12. Basic electricity

13. Siemen Desigo Computer System – Building Automation System 1 year of experience utilizing system.

14. REES System

15. Viewpoint

16. Notifier fire alarm System

5. Contractor Requirements

a. BPO

1. The Contractor’s employees should be knowledgeable of standards associated with temperature monitoring, support, and maintenance. Boiler Operators must have 5 years of prior experience each working, installing, servicing, and operating up to 2,500hp high pressure steam boilers. Boiler Operators must be certified under the following courses and training, pertaining to the equipment at the Nashville Veterans Affairs Medical Center.

a. OSHA 10

b. Safety Testing/BEI Video training (onsite completion before working independently)

c. Auto flame Factory Trained

d. Aerco Factory Trained

e. Direct Logic Factory Trained

f. C-More Factory Trained

g. Confined Space Entry

h. VHA Safe Steaming’ Course

i. 360 Training – Boiler Operator Certification

2. These tasks are to be performed daily, some during each shift depending on necessity. Some tasks shall be performed when required.

a. Start-up and shut down of boiler(s),

b. Operation of plant equipment and controls,

c. Collecting, recording, and documenting of plant operations,

d. Routine equipment maintenance,

e. Preparation of equipment for inspections,

f. Operation and testing of all safety devices and control equipment,

g. Operation of emergency generators,

h. Facility monitoring,

i. Perform monthly (PM’s) preventative Maintenance

j. Other tasks as required by VA for utility systems operators.

b. ACO – 5 years of commercial Heating, Ventilation, and Air Conditioning (HVAC) and building operations experience.

1. The incumbent(s) will assist Veteran Affairs (VA) operators and work independently once trained to maintain facility needs.

2. The incumbent(s) will operate a multi-zone air conditioning plant consisting of several centrifugal chillers with a capacity of approximately 3,000 tons and two reciprocating chillers with a capacity of 175 tons each, 4 computer room air conditioning units with a total capacity of 40 tons, and other air conditioning components such as condenser water systems, chilled water circulating systems and large air handling units that provide heating, ventilation, filtering, humidification and cooling to the entire medical center.

3. The incumbent(s) must be able to start, stop, and adjust all the air conditioning equipment needed to maintain required conditions of special areas such as clinical labs, research labs, bone marrow transplant unit, operating rooms, decentralized hospital computer equipment rooms, MRI, telephone and communication equipment, etc.

4. The incumbent(s) is required to make hourly inspections of all operating equipment and records all findings such as compressor pressures, refrigeration temperatures, water temperatures, oil pressures, volt and amp readings and other information pertinent to the safe and efficient operation of the equipment.

5. The incumbent(s) must also check and adjust room temperatures and air handling unit temperatures as needed and address any alarms.

6. The incumbent(s) are required to respond to emergent situations relating to the malfunction of all building service equipment in the medical center such as plumbing, electrical, medical equipment, nurse call system, medical air systems, vacuum system, etc.

7. The incumbent(s) are to maintain the cleanliness of all the Fan Rooms such as removing Trash and sweeping the floors.

8. The incumbent(s) are to complete weekly and monthly (PM’s) Preventative Maintenance in all the Fan Rooms.

9. The incumbent(s) is responsible for relaying all information in the A/C Operations logbook located in the boiler plant.

10. At the end of each shift the incumbent will be required to have a hand-off meeting with the person relieving them to discuss items not corrected from the previous shift.

6. Contractor Qualifications

a. The contractor and all associated subcontractors shall be licensed to perform this work in the State of Tennessee (ie. Tennessee BC-B, CMC, CE) and any and all applicable local jurisdictions in a manner consistent with what is required to perform the work at any major hospital in the local area.

b. The contractor must have had all applicable licenses in active status for a period of not less than five years.

c. The contractor must provide documented work history examples of similar work (Steam Boiler operation, maintenance, installation and/or repair; and HVAC equipment operation, maintenance, installation, and/or repair) in other facilities in Tennessee (work other than in VA facilities) demonstrating diverse experience providing similar high quality services.

d. The contractor must provide written verification of any and all licensing or certifications (company or individual) upon request of the VA.

e. Only personnel (including subcontracted personnel) who are competent, qualified, and have demonstrated experience in applying accepted engineering, construction, and/or trade practices for the type of work for which they are to employed on this contract shall be used.

f. The contractor must provide a superintendent who is responsible for all employees and subcontractors and execution of this contract in accordance with any and all requirements in this contract and any and all manufacturer requirements, industry standards, codes, standards, or VA policies/manuals/handbooks/directives. This superintendent shall have no less than 10 years experience operating, installing and maintaining steam boiler systems.

7. Reporting Requirements

a. All contracted employees must report directly to the Utility System Supervisor who is the Contracting Offer Representative (COR) (Clint Roberts) 629-401-7413, regarding scheduling, call outs, replacements, or any issue regarding work. Additionally, the contracted employee will reach out to their contracted agency to ensure coverage is available in case of absences. Failure to provide coverage for a minimum of required 2 shifts could result in breach of contract.

b. In the event a work schedule does work for said contracted employee, the contracted employee will immediately reach out to the COR to address the situation.

c. Employees should arrive at work sites ready to work at schedule shift. Wearing a solid-colored shirt or company name shirt, pants must be khaki or blue jeans and steal toed shoes. A copy of the facility dress code is attached to this requirement.

8. Applicable Documents

a. Prior to award bidders must submit 4 qualified resumes for each BPO and ACO as part of evaluation. Once awarded, if any changes to contracted employees occur new resume must be submitted to COR and accepted before official onboarding can occur.

b. Identification Requirements: Contactors must have 2 forms of identification to obtain a badge one of which must be a Real-Id to ensure ease of badging at the facility.

c. Documents for badging will be dispersed upon award and must be handed in prior to the first day of employees’ onsite. Pending background check approvals.

d. ACO – EPA 608 Universal Refrigerant license.

9. General Requirements

a. Phase In:

1. The incoming Contractor is entirely responsible for fully completing all onboarding, government security, checks and badging inclusive of government processing time prior not to exceed 60 days from award.

2. To this end, Contractor shall provide all operator and superintendent resumes not less than 14 days after award and shall make all submitted persons reasonably available for interview by VA. VA shall be provided 14 days to review resumes and conduct interviews at its discretion.

3. The incoming Contractor shall replace all appropriate VA authorized (incumbent Contractor-owned) positions presently required for BPO and ACO, not to exceed one hundred fifty (150) days from date of contract award inclusive of all required training and government review of resumes, background checks. Incoming Contractor shall coordinate with the incumbent Contractor and COR during the transition period relating to training and replacement of job duties as assigned by the COR. The change shall include training, badging, and key assignments as specified herein, and shall be accomplished without disruption hospital services to the veteran or the VA. Transition date of each contracted employee shall be noted, including the transfer of responsibility regarding position fulfilment (if applicable). The billing period shall begin on the noted transition date.

4. Payments shall be assessed based on the providers’ established rate and pro-rated from setup date. Prorated monthly rates are based on a 30-day month.

b. Phase Out:

1. In accordance with FAR 52.237-3 Continuity of Services, the Contractor realizes that the services being provided under this contract are vital and must be continued uninterrupted. The outgoing Contractor shall not remove any equipment from the beneficiary’s residence until replacement equipment has been installed. The outgoing Contractor shall coordinate transition of equipment / services with the incoming Contractor as soon as possible, but not to exceed ninety (90) days from date of contract expiration. If additional transition time is required beyond contract expiration, the Contractor shall be paid on a pro-rated basis at the prices established for the last period of performance. Prorated monthly rates are based on a 30-day month.

2. To ensure a seamless transition period, the new Contractor must be able to provide fully trained BPOs and ACOs as outlined above for replacement of incumbent during the phase-in period. An additional pool of trained employees shall be established by the vendor to ensure emergent scenarios and call outs from the vendor are fulfilled with no gaps. This may require additional training and badging to ensure coverage for both ACO and BPO employees alike.

c. It shall be understood that, throughout performance of the contract, the Contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property.

d. Among all other requirements, the VA Health Care System and its property is now entirely smoke-free.

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 to be always observed by operators. Seat belt use is mandatory on the VA grounds. There are no reserved parking spots for contractors at this VA hospital. The contractor is responsible for making their own parking plans off VA site. They may park only long enough on site, to load and unload supplies.

f. The Contracting Officer's Representative (COR) is responsible for the inspection of the work called for in this job. The Contracting Officer's Representative will be identified in the task order by name, telephone number and location. Inspections made by the COR are for the sole benefit of the Government and do not relieve the Contractor of any quality control responsibilities.

g. At all times during the performance, the Contractor's Superintendent (if applicable) will be available by cellular phone. Prior to beginning any work, the Contractor shall supply the COR with the telephone number for the Superintendent. The Contractor's "Competent Person" that meets OSHA training guidelines, can make decisions and acting on behalf of the Contractor shall be physically always located on site during performance of the contract. If the Contractor's Competent Person is absent from the job site for an extended period, the COR may send all Contractor/sub-contractor employees off the job.

h. No smoking, illicit drugs are allowed onsite.

10. Security Requirements (as applicable, remove if not)

a. Contractor will be provided with a Personal Identification Verification (PIV) card.

Documents will be provided to the awarded contractor upon award for completion before contractor is onsite to ensure background checks have been completed.

b. Background investigations and special agreement checks: All contractor personnel are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is Tier 1 (enter the information found on PDAT summary report). This requirement is applicable to all subcontractor personnel requiring the same access.

c. Following contract award, the Contracting Officer will provide the Contractor with forms to complete and guidance regarding the background process. If contractor employees are unable to pass background check it is possible contract will be terminated.

11. Limitations on Subcontracting (as applicable, remove if not)

a. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract, in the case of a contract for Services, it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded.

b. An independent contractor shall be considered a subcontractor.

12. Gray Market Prevention Language (as applicable, remove if not)

a. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a services contract for maintenance of medical equipment for VA Health Care Systems. No remanufacturers or gray market items will be acceptable.

b. The Contractor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed medical supplies, medical equipment, and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and services associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

c. The delivery of gray market items to VA in the fulfillment of an order/award/contract constitutes a breach of contract. Accordingly, VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at VA’s election, allowing the Contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA Health Care System upon discovery of such items.

13. National Archives and Records Administration (NARA) Records Management Language for Contracts

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a);

36 CFR Part 1222 and Part 1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. Contractors shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

d. Contractor shall not retain, use, sell, or disseminate copies of any delivery that contains information covered by the Privacy Act of 1974 or which is generally protected by the Freedom of Information Act.

e. Contractor should not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f. The Government Agency owns the rights to all data/records produced as part of this contract.

g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractors must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

i. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

j. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

6,240.00 HR __________________ __________________

Three (3) Boiler Plant Operators (40 Hour a week per employee) Contract Period: Base POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Three (3) Air Conditioning Operators - (40 Hour a week per employee) Contract Period: Base POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

90.00 HR __________________ __________________

Three (3) Boiler Plant Operators - (Over Time Rate per Hour) Contract Period: Base POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Three (3) Air Conditioning Operators - (Over Time Rate per Hour) Contract Period: Base POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 1 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 1 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 1 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 1 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 2 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 2 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 2 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 2 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 3 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 3 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 3 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 3 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 4 POP Begin: 08-01-2030 POP End: 07-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 4 POP Begin: 08-01-2030 POP End: 07-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 4 POP Begin: 08-01-2030 POP End: 07-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

Contract Period: Option 4 POP Begin: 08-01-2030 POP End: 07-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(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 and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government…