36C25023Q0882.docx

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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

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20.

21.

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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

506-23-3-522-0047 36C25023Q0882 07-07-2023 Christopher Gundy Christopher.Gundy@va.gov 07-17-2023

4:00 PM

EDT

36C250 Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105 X X 541690 $19 Million N/A X 36C506 Department of Veterans Affair s LTC Charles S. Kettle VA Medical Center VA Ann Arbor Healthcare System 2215 Fuller Road Ann Arbor MI 48105 Y Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page Contractor shall provide all labor, material, equipment, and supervision to inspect and test the boilers and ancillary equipment at the LTC Charles S. Kettles VAMC, Ann Arbor, MI.

See FAR Provision 52.212-1 and all Instruction to Offerors/ Instructions for Quote Submission for quote submission r equirements , paragraph E.2.

Questions concerning this solicitation must be submitted by email to the contracting officer, christopher.gundy@va.gov.

Subject line must read "Technical questions - Ann Arbor Boiler Life Study 36C25023Q0882". Questions must be received by the Contracting Officer, Christopher Gundy, christopher.gundy@va.gov, no later than 4:00 PM EST, July 12, 2023.

This procurement is being conducted under FAR Part 13.

There is not a site visit scheduled for this acquisition.

See CONTINUATION Page X X X Christopher D. Gundy Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Company Name____________________________

b. GOVERNMENT: Contracting Officer 36C250

734-222-7168 Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

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

3. INVOICES: Invoices shall be submitted in arrears:

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

OB10 or current Electronic Invoice System: https://www.tungsten-network.com/customer-campaigns/veteransaffairs/ OB10 e-Invoice Setup Information: 877-489-6135 FSC e-Invoice Contact Information: 877-353-9791 FSC e-Invoice Email: vafsccshd@va.gov FSC e-Invoice Site: http://www.fsc.va.gov/einvoice.asp

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

B.2 STATEMENT OF WORK

LTC CHARLES S. KELLES VETERAN’S AFFAIRS MEDICAL CENTER

ENGINEERING EVALUATION OF BOILER, DEAERATOR AND CONDENSATE TANK RELIABILITY/LIFE EXPECTANCY

1. Introduction:

VA medical centers provide critical healthcare which requires reliable steam supply for sterilization, domestic hot water, kitchens, and building heating/air conditioning.

Boilers and associated equipment serving VA medical centers must be reliable, safe and efficient. The age of boilers and associated equipment is often a major indicator of reliability.

The VHA Directive 1810 (1), BOILER AND BOILER PLANT OPERATIONS, assigns “useful life expectancy”, in years, to the boilers and plant equipment. The Directive requires that retention of certain equipment beyond the “useful life expectancy” must be based on an engineering evaluation of the reliability, efficiency and cost effectiveness of continued operation.

2. Summary of Requirements:

The contractor (also referred to as consultant) shall provide all labor, material, and equipment to inspect and test the boilers and ancillary equipment at the LTC Charles S. Kettles VA Medical Center (VAMC), Ann Arbor, Michigan. The work mut be documented in a full report of findings and recommendations. The report must be stamped by a licensed professional engineer. The following is a general list of equipment that must be assessed.

Boiler feed and condensate pumps

Condensate, blow-off tanks & heat recovery

Valves, shut off and control

3. Qualification Requirements for Consultant and Inspection Personnel:

A. A professional engineering firm (Professional License (PE)) that specializes in life expectancy evaluations must be part of the team and provide an analysis and recommendations under their seal based on the evaluation of the boiler and associated equipment by means of visual inspection and non-destructive testing conducted by experienced boiler inspectors and non-destructive testing experts on the team.

B. The inspections shall be supervised on-site by a “Qualified Professional Inspector”, defined as anyone or combination of the following. Proof of qualifications shall be provided with the bid and as part of the final report.

1) A boiler inspector who has a valid commission from the National Board of Boiler and Pressure Vessel Inspectors.

2) A boiler inspector who has qualified by passing a written examination under the laws, rules and regulations of a jurisdiction of a state.

3) A boiler inspector who is regularly employed as a boiler inspector by a jurisdiction that has adopted and administers one or more sections of the ASME Boiler and Pressure Vessel Code as a legal requirement, and has a representative serving as a member of the ASME (American Society of Mechanical Engineers) Conference Committee.

4) A boiler inspector who is regularly employed by an insurance company that has been licensed or registered by the appropriate authority of a state of the United States to write boiler and pressure vessel insurance.

C. Non-destructive testing personnel shall be certified to American Society for Non-destructive Testing (ASNT) Level II, who are experienced in evaluating boilers and associated equipment.

4. Inspector:

The “Qualified Professional Inspector” shall demonstrate familiarity with and ready access to the current versions of the following codes and manuals:

a. ASME Boiler and Pressure Vessel Code

b. ASME B31.1, Power Piping Code

c. ANSI/NB-23, National Board Inspection Code

d. NACE International Standard RP0590, Recommended Practice for Prevention, Detection and Correction of Deaerator Cracking

e. VHA Boiler Plant Safety Device Testing Manual, current edition.

The NDT technicians shall demonstrate familiarity with and ready access to the current version of :

a. NACE International Standard RP0590, Recommended Practice for Prevention, Detection and Correction of Deaerator Cracking

5. VAMC Responsibilities for Preparation of Boiler Inspection

1. Since steam production cannot cease, the consultant and the VA Contracting Officer Representative (COR) will have to work closely to develop an inspection schedule that will ensure the facility can always meet steam demand with sufficient backup.

2. The boiler will be prepared by the VAMC for the inspection prior to the scheduled arrival of the inspector. This includes cooling the unit to near ambient temperature and having all manways and access doors open, the unit cleaned of loose materials, “lock-out, tag-out” in place, and connecting piping isolated. Proper illumination and compliance with “confined space” access requirements including having safety personnel present in the boiler plant shall be the responsibility of the consultant.

3. VAMC will comply with any other requirements of the inspector that are considered reasonable by VAMC and have been presented in writing at least two weeks prior to the scheduled inspection.

4. Coordinate preparation work with the requirements of the inspection firm.

5. All available records of maintenance and repair activities, water treatment logs, operational logs, inspection reports, and all available histories of prior problems will be made readily available during the inspection. Records for three years are suggested. If the consultant requires copies, they will need to sign out the documents and return them upon completion.

6. Remove all manway and handhole covers, access panels.

7. Remove all drum internals.

8. Clean all fireside and waterside surfaces.

9. Remove insulation from water tube boilers steam and mud drum ends and from locations where pipes are connected to the boiler.

10. Arrange for ladders, lifts and other devices necessary to allow access to the boiler.

11. If available, furnish copies of the original National Board (NB) “Manufacturer’s Data Report” inspection form that was prepared for the boiler when it was new and NB “Report of Repair” forms if boiler pressure vessel repairs have been performed.

6. Inspection Requirements for Boilers

A. Consultant shall develop a detailed list of required information requested at least two weeks prior to the inspection to allow the VA to compile the information.

B. Consultant shall develop a detailed schedule of the inspection in consultation with the VA COR to ensure availability of equipment as needed during the execution of the project. Inspections of boilers will have to be spaced between several days to allow for sufficient time to bring opened boilers back online and to allow boilers to be inspected to cool, opened, and cleaned prior to inspection.

C. Consultant shall be responsible for all OSHA requirements associated with confined space entry.

D. Visually inspect the following items and document the locations with a sketch or pictures. Any adverse findings must be documented with pictures and notes in detail. All data shall be included in the final report as supporting documentation.

1) Review the boiler/s history including operating conditions, date of last inspection, current inspection certificate, ASME stamping, National Board registration number, materials of construction, extent of post weld heat treatment, history of repairs and modifications.

2) All welded and threaded pipe connections to the boiler shell or drum for signs of leakage or defects in the welded areas. Defects must be documented as to location with a sketch or picture and be non-destructively tested.

3) Boiler support structure for proper alignment, evidence of sagging, shifting or misalignment.

4) Boiler casings for signs of warping, misalignment and overheating.

5) All furnace tubes and all accessible convection tubes for alignment, evidence of corrosion, erosion, bulges, sagging, defective or deteriorated welds.

6) Exposed surfaces of steam and mud drum in furnace, particularly ligament areas between tubes, for evidence of corrosion, cracking, scale buildup, other defects.

7) Refractory for cracking, shifting, sagging, bulging or general deterioration.

8) Internal areas of steam drum and mud drum (inside boiler shell in fire tube boilers).

a. Welded outlet connections.

b. Surface of drums for pitting or surface discontinuities.

c. Ligament areas between tube holes for cracking.

d. Each tube end and internal surface of representative number of tubes for pitting, erosion, corrosion and excessive scale buildup. Utilize fiber optic inspection equipment to inspect interior of tubes.

e. Clean and inspect shell or tube sheet between tube holes for cracking.

7. VAMC Responsibilities for Preparation of DA and Condensate Tanks Inspection

a. Since steam production cannot cease, the consultant and the VA COR will have to work closely to develop an inspection schedule that will ensure the facility can always meet feed water demand with sufficient backup.

b. The DA will be prepared by VAMC for the inspection prior to the scheduled arrival of the inspector. This includes cooling the unit to near ambient temperature and having all manways and access doors open, the unit cleaned of loose materials, “lock-out, tag-out” in place, connecting piping isolated, proper illumination provided, compliance with “confined space” access requirements including having safety personnel present in the boiler plant.

8. Inspection Requirements for Deaerator (DA) and Condensate Tanks

A. The DA inspections shall comply with the guidelines in the current issues of the following documents:

B. NACE International, Standard RP0590, Recommended Practice for Prevention, Detection and Correction of Deaerator Cracking.

C. NATIONAL BOARD INSPECTION CODE, Part RB, Inservice Inspection of Pressure-Retaining Items.

1) Review the DA and condensate history including operating conditions, date of last inspection, current inspection certificate, ASME stamping, National Board registration number, materials of construction, extent of post weld heat treatment, history of repairs and modifications.

2) Assess the external parts of the DA and condensate and accessories and piping for safety, accessibility, cleanliness. proper operation, and compliance with codes.

3) Inspect for evidence of leakage.

4) Inspect DA/condensate tank safety valve installation and verify that the valves have proper set pressure and capacity and are properly installed

5) Inspect support structures for proper integrity and allowance for thermal expansion.

6) Internal inspections:

a. Visually inspect all visible pressure vessel and tanks surfaces for corrosion, material thinning, deposits, and weld cracking.

b. Inspect DA spray nozzles and trays.

c. Certified American Society for Non-Destructive Testing (ASNT) Level II technicians shall perform non-destructive tests (NDT) using the wet fluorescent magnetic particle (WFMT), ultrasonic testing (UT), and any other necessary non-destructive tests.

· Completely examine all accessible welds utilizing the WFMT test method. Properly prepare the surfaces before testing.

· Determine pressure vessel material thickness by UT. Thickness measurement locations shall be selected by dividing the storage tank heads into quadrants and taking measurements at each quadrant on two imaginary rings in each head (eight measurements total) . Measurement locations on the shell shall be on each of the quadrants, on four to six locations along the length of the shell (16 to 24 measurements total). The technician may recommend fewer or more tests to the owner, providing justification.

· Typically, the pressure vessel section containing the deaerator trays and sprays is not accessible for non-destructive testing. The experience is that this section, which is mainly exposed to steam, is less vulnerable to weld failures and material thinning than the storage section which contains condensate and make-up water.

9. Testing:

The following Nondestructive testing shall be completed and document as to the location or findings with a sketch or pictures. Any adverse findings must be documented with pictures and notes in detail. All data shall be included in the final report as supporting documentation.

1) Ultrasonic thickness testing of representative samples of all components.

2) Obtain sufficient material thickness measurements to accurately reflect the condition of the entire boiler, DA or condensate tank.

a) Ultrasonic thickness testing of all areas visually noted to have corroded or eroded.

b) Magnetic particle testing of all areas where indications of defects have been found visually.

c) Metallurgical analysis of representative samples of boiler metal if there are indications or a record of overheating.

10. Calculations:

The consultant shall calculate and report the maximum allowable working pressure rating and remaining life expectancy based on the thickness measurements, data obtained, observations and testing for the boiler and deaerator. The condensate tank is around 10 years old and not within 3 years of its useful life expectancy.

1) ASME Code formulas must be used and references provided in the final report.

2) Calculate and report the depletion rate of material thickness.

3) Remaining life calculation shall be based on original material thickness, current material thickness, evaluation of other factors in the condition of the boiler.

11. Report Requirements:

A. Provide an executive summary outlining the recommended continued useful life expectancy for each piece of equipment evaluated based on the performed engineering evaluation of the reliability, efficiency, and cost effectiveness of continued operation.

B. Provide calculations for remaining life based on calculated present maximum allowable working pressure vs. original maximum allowable working pressure when the boiler was new. Show locations and extent of all non-destructive testing by sketches.

C. Provide expert judgment on cost effectiveness of retaining the boiler in service.

D. Provide expert analysis of the condition of boilers/ancillary equipment and recommended extension to useful life in years.

E. Describe all deteriorated areas; provide expert judgment on need for repairs and repair methods necessary to extend the useful life if required.

F. Provide complete written report fully describing all inspections and tests performed, findings, and recommendations. The condition of all items inspected shall be stated whether acceptable or deficient for extended useful life. All deficiencies shall be fully described along with recommendations for methods of correction.

G. Provide oral report of condition of the boiler to VAMC engineering management at the conclusion of the inspection and prior to leaving the site.

H. Provide a draft report Microsoft (MS) Word format within 7 days of the completion of inspection for review and comment by the COR. Once approved by VA, provide MS Word format and 6 copies of final report to COR.

I. Provide a narrative of the equipment in the plant and current conditions of the same as well as an analysis of the visual inspections and test results, photographic views of deteriorated areas and photographs to show areas identified as not acceptable for continued service or requiring repair.

J. Provide photographs and/or drawings and show where each the measurements or negative observation was taken.

K. All safety-related deficiencies shall be immediately reported to the COR during the inspection visit.

L. Provide recommendations on need for re-inspections after correction of deficiencies. Cost of re-inspections shall be extra cost negotiated with VA Contracting Officer.

12. Delivery Schedule:

1. The inspection services must be completed by September 30, 2023.

2. Reports must be received by the Ann Arbor VA COR by October 4, 2023.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

1.00

JB

Boiler life expectancy study of 4 boilers, one DA tank, and ancillary equipment.

Contract Period: Base POP Begin: 08-01-2023 POP End: 10-16-2023 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services PRODUCT/SERVICE CODE: J044 - Maintenance, Repair, and Rebuilding of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

GRAND TOTAL

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

Intentionally Deleted

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

Intentionally Deleted

6. SECURITY INCIDENT INVESTIGATION

Intentionally Deleted.

7. LIQUIDATED DAMAGES FOR DATA BREACH

Intentionally Deleted

8. SECURITY CONTROLS COMPLIANCE TESTING

Intentionally Deleted

9. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

36C25023Q0882 (End of Clause) Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

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 of contract expiration.

(End of Clause)

C.3 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

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

(a) The Contractor shall conform to the standards established by: National Board of Boiler and Pressure Vessel Inspectors.

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

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

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

(End of Clause)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause) C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C.