36C25026Q0075.pdf

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Attached to
H391--Underground Storage Inspection & Maintenance Federal contract opportunity
Solicitation number
36C25026Q0075
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 10

About this file

This solicitation is for underground storage tank (UST) inspection and testing services for the VA Northern Indiana Healthcare System (Marion and Fort Wayne campuses). The Department of Veterans Affairs is seeking a contractor to perform comprehensive UST testing, maintenance, and compliance services, including fuel sampling, leak detection, release detection, and equipment functionality testing across multiple tank locations. The procurement is a 100% small business set-aside using Simplified Acquisition Procedures, with a firm-fixed-price contract contemplated.

The contract has a base period of 12 months from 01-01-2026 to 12-31-2026, with four optional 12-month extension periods through 12-31-2030. Key requirements include annual and triennial testing of tanks, probes, sensors, and associated equipment according to EPA and ASTM standards, with detailed reporting requirements. Offerors must be registered in SAM, provide technical narratives demonstrating compliance with underground storage tank testing standards, and submit pricing for the base and option years. Quotes are due by 12-05-2025 at 1pm EST, with the government evaluating offers based on technical capability, price, and past performance. The estimated contract value is $19.5 million, with NAICS code 541990 for professional, scientific, and technical services.

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Other files for this federal contract opportunity

Other files attached to H391--Underground Storage Inspection & Maintenance, newest first.
File Type Posted
36C25026Q0075 0001.pdf PDF
Underground Storage Tank Compliance Matrix.xlsx XLSX spreadsheet
36C25026Q0075_2.docx DOCX document
Reference Table 1 - UST Services.pdf PDF

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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

610-26-2-6091-0008

36C25026Q0075 11-21-2025

Tiera Sims (216) 447-8300 x49576 12-05-2025 1pm EST

36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 6100 Oak Tree Blvd., Suite 490

Independence OH 44131

X 100

X

541990

$19.5 Million

N/A

X

Department of Veterans Affairs VA Northern Indiana Healthcare System Marion VAMC 1700 E. 38th Street Marion IN 46953

36C250

Department of Veterans Affairs Network Contracting Office (NCO) 10 6100 Oak Tree Blvd., Suite 490

Independence OH 44131

36C250 https://www.tungsten-network.com/ customer-campaigns/veteransaffairs

See CONTINUATION Page

This procurement for under/above ground storage tank inspection & testing at the VA Northern Indiana Healthcare System (Marion & Fort Wayne campuses) is being conducted under FAR 12 & 13.

Please see schedule in section B.

All questions will be answered via solicitation amendment and should be submitted via e-mail to tiera.sims@va.gov no later than Friday November 28, 2025 at 1pm EDT.

Instructions to offerors can be found under section E 52.212-1.

No phone calls will be accepted.

Quotes are due by Friday December 5, 2025 at 1pm EDT (local time).

See CONTINUATION Page

610-3660162-6091-855100-2543 010050100

X X

Tiera Sims

36C25026Q0075

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 ELECTRONIC INVOICE SUBMISSION AND INVOICING

B.3 PRICE/COST SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

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)

C.4 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL

BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.9 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.10 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025) 33

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

REFERENCE TABLE 1 - UST SERVICES

UNDERGROUND STORAGE TANK COMPLIANCE MATRIX

SECTION E - SOLICITATION PROVISIONS

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

SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

(Continuation from Standard Form 1449, block 18A.)

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

E-mail address:

SAM UEID:

b. GOVERNMENT: Department of Veterans Affairs

Network Contracting Office 10 (NCO10) Attn:

Tiera T. Sims, Contracting Officer 6100 Oaktree Blvd., Suite 490 Independence, OH 44131 Phone: (216) 447-8300 E-Mail: Tiera.Sims@va.gov

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 [ ] 52.232-34, Payment by Electronic Funds Transfer - Other Than 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 to: https://www.tungsten-network.com/customer-campaigns/veteransaffairs

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. Tungsten Network https://www.tungsten-network.com/customer-campaigns/veteransaffairs mailto:Tiera.Sims@va.gov https://www.tungsten-network.com/customer-campaigns/veteransaffairs https://www.tungsten-network.com/customer-campaigns/veteransaffairs https://www.tungsten-network.com/customer-campaigns/veteransaffairs https://www.tungsten-network.com/customer-campaigns/veteransaffairs

5. SUBMISSION OF OFFER:

a. Offerors shall complete and return all information designated in:

1. Blocks 17 (a) and 30 (a-c) of SF 1449

2. Contract Administration Data

3. The Price/Cost Schedule, Section B.4

4. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.

b. Information shall be received by the date and time specified in Block 8 and 20 of the SF1449 in order to be considered for award.

c. Offeror is required to be registered in SAM when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract, resulting from this solicitation. Offerors who do not comply with this requirement will not be considered for award. Offerors can register in SAM at https://www.sam.gov.

d. Information shall be received prior to the date and time specified in Block 8 of SF 1449 in order to be considered for award.

e. Offers will be emailed to the POC in 1.b.

f. Simplified Acquisition Procedures of FAR 12 and 13 are being used to conduct the procurement.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of Amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

https://www.sam.gov/

B.2 ELECTRONIC INVOICE SUBMISSION AND INVOICING

VENDOR ELECTRONIC INVOICE SUBMISSION REQUIREMENTS AND METHODS

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1. VA’s Electronic Invoice Presentment and Payment System – the FSC uses a third-party contractor, Tungsten Network (referred to OB10), to transition vendors from paper to electronic invoice submission. Please go to website: https://www.tungsten-network.com/customer-campaigns/veteransaffairs to enroll in the program and begin submitting the electronic invoices, free of charge.

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

The X12 EDI website is: http://www.x12.org

3. Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge.

If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

a. Tungsten e-Invoice Setup Information: 1-877-489-6135

b. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

c. FSC e-Invoice Contact Information: 1-877-353-9791

d. FSC e-Invoice email: vafsccshd@va.gov

BILLING AND INVOICING

1. In accordance with this contract, all services shall be billed in arrears monthly.

2. Contractor shall only bill for services and for line-items delivered.

3. A proper invoice that is submitted for payment; shall be accepted and certified for payment if:

i. Monthly invoice is submitted in arrears, no later than the 20th business day of the following month that services were rendered.

ii. Invoice contains in addition to the information required for submission of a ‘proper’ invoice in accordance with FAR 52.212-4(g) the following information:

a. Name and Address of the Contractor

b. Invoice Date and Invoice Number

c. Contract Number

d. Contract Order Number

e. Purchase Order Number

f. Date Range of Services Provided

g. Description of Services Provided

h. Line/Sub-Line Item number(s) of services provided

i. Quantity of each Line/Sub-Line Item

j. Unit Rate for each Line/Sub-Line Item

k. Total Cost for each Line/Sub-Line Item

l. Total Invoice Cost https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.tungsten-network.com%2Fcustomer-campaigns%2Fveteransaffairs&data=04%7C01%7C%7C32647ef3b8f64fc4e5f708d8a2cfdb7a%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637438360921347613%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=1vccSSoRqI%2BNEif7FSiMgTddxe8xkFs4fZ%2BSyMRRWr4%3D&reserved=0 https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.tungsten-network.com%2Fcustomer-campaigns%2Fveteransaffairs&data=04%7C01%7C%7C32647ef3b8f64fc4e5f708d8a2cfdb7a%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C637438360921347613%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=1vccSSoRqI%2BNEif7FSiMgTddxe8xkFs4fZ%2BSyMRRWr4%3D&reserved=0 http://www.x12.org/ mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

4. The Certifying Official will confirm the information in the submitted invoice to the contract and invoice to ensure it is correct and valid.

i. If the invoice submitted is not a proper invoice, the certifying official shall refuse the invoice with a detailed statement as to why the invoice was refused.

ii. Contractor shall make corrections and resubmit using a separate invoice number, notating the invoice number it is replacing.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO

Underground Storage Tank Inspection & Maintenance (in accordance with the statement of work).

Contract Period: Base POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H391 - Inspection - Fuels, Lubricants, Oils, and Waxes

Contract Period: Option 1 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 2 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 3 POP Begin: 01-01-2029 POP End: 12-31-2029 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and

Technical Services

Contract Period: Option 4 POP Begin: 01-01-2030 POP End: 12-31-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

GRAND TOTAL

B.4 STATEMENT OF WORK

GENERAL:

The contractor shall provide all materials, labor, and equipment required to inspect tanks, as well as sample and test fuel from all underground and aboveground fuel storage tanks per minimum of EC.02.05.07-EP8. The Joint Commission (JC) standards on fuel testing states the following: At least annually, the medical center shall test the fuel quality to American Society for Testing & Materials (ASTM) standards. The Contractor shall inspect and service equipment to ensure that compliance, leak detection, new installations, upgrades, tank closures, and faucets of fuel storage are all maintained in accordance with the manufacturer’s requirements, Indiana’s Storage Tank NFPA 110, Joint Commission standards and any other applicable local, state, or national regulations or industry standards. The Contractor shall be responsible for maintenance, testing, and any repair proposals required to sustain dependable operation of the equipment.

CONFORMANCE STANDARDS:

All services provided under this contract shall be performed in conformance with applicable Local, State, and Federal codes, rules, and regulations (e.g., the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and Equipment Manufacturer Standards and Industry Codes / Standards, etc.).

EPA has created a webpage that has specific hyperlinks to Industry Codes and Standards for UST systems. This web-address is located below: contractor shall comply with these industry codes and standards throughout this contract.

http://www.epa.gov/oust/cmplastc/standard.htm

LOCATION OF SERVICES:

• VA Northern Indiana Health Care System, Marion Medical Center, 1700 E. 38th Street, Marion, IN, 46953

• VA Northern Indiana Health Care System, Fort Wayne Medical Center, 2121 Lake Avenue, Fort Wayne, IN, 46805

SERVICE HOURS:

All Work is to be performed during normal business hours. Monday through Friday from 0700 – 1630.

Contractor is required to check in and out with the Contract COR – Kylee Baker for Marion Campus and William Stevens for Fort Wayne Campus. A log of visits to VAMC campuses shall be logged with dates, times, and what services were provided.

The Period of performance (POP) shall extend 12 months from the effective date of the contract for a base period, with four (4), twelve (12) month option periods, exercisable at the government’s discretion.

Any routine work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contacting Officer (CO). The CO shall direct emergency services at request of the COR. If needed, the CO may direct the Contractor to work after normal work hours including holidays and weekends.

Contractor shall provide at least 48-hour notice prior to arrival for scheduled maintenance. Any work required after hours of 7:30 AM to 4:00 PM Monday thru Friday, weekends, and/or Holidays shall be approved by the COR prior to scheduling.

http://www.epa.gov/oust/cmplastc/standard.htm

Federal Holidays are as follows:

New Year’s Day January 1st

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4th

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11th

Thanksgiving Day 4th Thursday in November

Christmas Day December 25th

1. Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

2. When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

SERVICES REQUIRED:

Reference Table 1 – Services required for the VANIHCS Scope of Work (SOW), incorporated herein, and attached.

This table outlines sixteen (16) specific services required by VA Northern Indiana Health Care Systems.

Keys used under the Associated Tank are associated with Reference Table 2 column are as follows:

FW – Fort Wayne Medical Center 1 – Diesel East 2 – Diesel West 3 – Gasoline 4 – B16 Gen

M – Marion Medical Center 1 – B76-1 (East Tank) 2 – B76-1 (West Tank) 3 – B175

TANK INVENTORY (EQUIPMENT INCLUDED IN SERVICE CONTRACT):

Reference Table 2 – Underground Storage Tank Compliance Matrix for an overview of all Marion & Fort Wayne USTs (see attachment).

CONTRACTOR REQUIREMENTS:

1) Contractor shall perform work in a professional manner and follow applicable UST and AST compliance requirements (e.g., 329 IAC 9 – Underground Storage Tanks:

http://iac.iga.in.gov/iac//T03290/A00090.PDF)

2) Contractor shall be licensed/certified by the State of Indiana and provide a copy of Certification from State Fire Marshal that contractor can perform service (i.e. in accordance with 675 IAC 12)

3) Contractor shall check in with VAMC (COR- Marion: Kylee Baker Fort Wayne: William Stevens) at time of arrival and checkout as defined in service hours. A log shall be kept by COR with dates, times, and services provided for record of work completed.

4) Contractor to complete the VA Vendor Credentialing process and have all employees working on VA property badged with VA contractor badges through Police Services before beginning any work at the VA. All contractors shall always wear VA Contractor Badges while onsite.

5) Contractor shall be required to follow all Infection Control Risk Assessment (ICRA) requirements set forth by the infection control staff. Contact the COR if any service work would need to obtain an Infection Control Construction Permit.

6) Contractor to remove all trash and debris at the completion of job. The work area is to be always kept clean.

7) The Contractor shall furnish all parts as necessary to complete all tests.

SITE VISIT:

Offerors or quoters are urged to inspect the site where services are to be performed and to gain satisfaction regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The contractor is encouraged to conduct a thorough investigation of the site prior to beginning work and report any preexisting conditions to the COR prior to beginning work.

NOTE:

All work is expected to encounter normal conditions. If anything, unusual (e.g., hazardous material spill, other hazards not normally faced during service operations, etc.) is encountered the VA shall be notified and pricing shall adjust accordingly.

In the event that UST(s) systems or the systems that monitor these UST(s) are replaced (due to malfunction or the determination is made that these UST(s) have reached the end of their life expectancy), a contract addendum shall be made to accurately reflect the maintenance and service of the facilities UST(s).

http://iac.iga.in.gov/iac/T03290/A00090.PDF https://casetext.com/regulation/indiana-administrative-code/title-675-fire-prevention-and-building-safety-commission/article-12-administration#:%7E:text=Rule%20675%20IAC%2012-10%20-%20Building%20Regulations%20of,Storage%20Tank%20Certification%20Program%20%28%C2%A7%C2%A7%2012-12-1%20%E2%80%94%2012-12-7%29

PAYMENT FOR SERVICES:

Invoices shall be paid in arrears monthly upon completion of the services. Each invoice shall include VA purchase order number, and invoice number and the month of the service being invoiced.

SECURITY REQUIREMENTS:

The Contractor’s employees shall wear visible identification and company uniforms approved by the COR at all times while on the premises of VANIHCS. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section or from the COR. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the VAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

Reference Table 1 – Services Required for VANIHCS UST (s) –

A. FUEL SAMPLE AND TESTING - Annual

1. The contractor shall test fuels to the definitions and standards tests for fuel quality to ASTM (American Society for Testing and Materials) standard (Joint Commission) according to NFPA 110 at a minimum of every 12 months.

2. All samples shall be pulled using ASTM recommended methods. The facility shall provide access to contractor to all units for sampling.

3. A detailed written report shall be submitted for each fuel tank noting results of the fuel testing and recommended solutions. Service reports shall be signed by both service provider and COR at completion of work. An electronic version of same shall be sent to the COR.

4. The Contracting Officer or his/her designee shall notify the contractor of any noncompliance with the foregoing provisions of any federal, state, local, or VA Safety Requirements and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all and any part of the work and hold the Contractor in default.

5. Services such as inspection, Original Equipment Manufacturer (OEM) required maintenance, or other maintenance and repair vital to the continued functioning of the systems may be added only after written modification from the contracting officer, unless they are inclusive to the requested services. No other person, including the COR or any other VA personnel are authorized to request additional work be performed by the Contractor. Any additional services performed that are not authorized by the Contracting Officer shall be considered inclusive.

6. The contractor shall provide all services in accordance and compliant with the latest standards, rules, regulations, and laws, including but not limited to Joint Commission (JC) standard EC.02.05.07 EP 8, National Fire Protection Association (NFPA) 110-2010:8.3.8, and ASTM.

7. The Contractor shall supply all Safety Data sheets for any chemicals used on site.

8. Contractor shall be responsible for any hazardous waste disposal, environmental fees, and hauling permits.

9. The Contractor shall notify the Contracting Officer of the existence or development of any defects in, or repairs to the equipment covered under this contract which the Contractor considers they are not responsible for under the terms of the contract (such as operator misuse).

10. The following fuel testing shall be performed annually. The recommended tests, while not required shall be considered in the selection process:

NFPA 110 §8.3.7 - A fuel quality test shall be performed at least annually using applicable ASTM standards or the manufacturer’s recommendations.

Appendix A – Explanatory Material A.8.3.7 - Diesel Fuel maintenance and regular testing should begin on the day of installation and first fill to establish a benchmark guideline for future comparison. Diesel fuel should be monitored for water on the tank bottom and tested for degradation and contamination.

All testing should be performed using ASTM-approved test methods such as, but not limited to, the following and meet engine manufacturer requirements….

The following characteristics are subject to degradation and may change with time and the environment. D975 requires the following tests to be conducted annually post-delivery.

https://www.astm.org/

Compliance Determination: Facilities must provide annual testing records demonstrating adequate monitoring of water on the tank bottoms, degradation, and contamination as listed below as well as any testing required by the engine manufacturer.

DEGRADATION

DESCRIPTION ASTM 975

Flashpoint D93 Water and Sediment D1796 Distillation D86 Viscosity/ Kinematic Viscosity D445 Sulfur D5453/D2622 Cetane Index or Cetane Number (The Density/API Gravity test will be necessary to support the Cetane Index calculation)

D976/D4737 or D613/D6890

Cloud Point D2500

CONTAMINATION

DESCRIPTION ASTM 975/ ISO

Microbial (ATP Bioluminescence Recommended) D7463 In addition to the above-mentioned characteristics, the facility shall determine if the engine manufacturer identifies any additional annual fuel oil testing requirements, ensure that the fuel oil is tested in accordance with both the ASTM and engine manufacturer’s requirements, and maintain documentation documenting all testing.

ADDITIONAL RECOMMENDED TESTS CRITICAL FOR GENERATOR RELIABILITY

DESCRIPTION ASTM 975/ ISO

Density/ API Gravity D1298 / D287 Aromatics D1319 Thermal Stability D6468 Pour Point D97 Gums and Resins D381 Water D6304 Sediment D473 Cleanliness/ Particle Count D5452 / D7619 Trace Metals D7111 Oxidative Stability D2274 / D4625

Additional Considerations.

1. Aromatics can be performed on Diesel fuel, but it is not typically done. This test is primarily geared toward gasoline and aviation fuels.

2. Thermal Stability is a good test to perform on diesel fuels that sit for long periods of time. With the addition of more and more biofuels being added to diesel, the Thermal Stability can be significantly compromised causing gel and gum build-up, and filter clogging. The diesel may look fine visually but it can be thermally unstable.

3. Pour Point analysis can provide good information about where diesel is used in very cold climates. However, the Cloud Point analysis is also going to give you good results on the behavior of the diesel in cold temperatures. Therefore, Pour Point may not be necessary.

4. Water and Sediment testing is already covered in the Degradation section, but you may want to consider adding Dissolved Suspended Water depending on the diesel engine manufacturer, suspended water should be less than 500 parts per million, and newer warranties may even require fewer than 200 parts per million.

5. Recommend testing for Particle Size and Count according to ISO cleanliness code in lieu of

Cleanliness/Particle Count. Because Cleanliness/Particle Count analysis will give you the weight of particles present, and the particle size and count are more in line with assessing fuel filter life expectancy.

Sample Location: Marion tanks number 1, 2, 4; Fort Wayne tanks number 1, 2, 4.

Reporting Requirements:

The contractor shall submit a complete report with laboratory analysis results to the facility within 30 calendar days from the day of sampling.

Each complete report shall include the following items at a minimum:

• Cover letter: A short description on sampling procedure(s), company name, date of sampling, sampler name, and laboratory name.

• Laboratory analysis report: The report shows the results and applicable threshold for each parameter shown above.

• Copy of chain of custody.

• Copies of sampler and laboratory credentials.

Miscellaneous: The contractor does not need access to VA sensitive information or VA IT system to perform the job described above.

The contractor shall provide procedures and checklists with worksheet originals indicating work performed and actual values obtained.

B. UNDERGROUND STORAGE TANK TESTING SCHEDULE

Times Defined:

Annually – Every Year – Once a Year Annual is defined as every twelve (12) months, prior 30 days from the month of the last test. For example, within 30 days prior to the month/date of the last test (but not 30 days after). This is a “per device” requirement; meaning each device shall individually meet this time frame.

Triennially – Once Every 3 Years – Every 36 months Triennial is defined as every thirty-six (36) months, prior 30 days from the month of the last test. For example, within 30 days prior to the month/date of the last test (but not 30 days after). This is a “per device” requirement; meaning each device shall individually meet this time frame.

Service/ Activity

ID

Applicable Tank(s)

Service/Activity Description Frequency

1 FW – 1,2,3,4

M – 3

Leak and Release Detection – Automatic Tank Gauge Certification & Calibration Contractor shall determine if Leak Detection Equipment (i.e., Veeder Root TLS 450) is certified for the types of tanks, piping, and stored contents on which the release detection system is used and meets minimum performance standards, with the probability of detection and probability of false alarm. Most manufacturers have their Leak Detection devices tested and certified by a third party to verify that their equipment meets specific performance requirements set by regulatory agencies.

a) Contractor shall test the automatic tank gauging system alarm, battery backup, operation, and any associated line leak detector.

b) Contractor shall verify system configuration in accordance with manufacturer’s instructions.

Contractor shall evaluate the facilities Leak Detection Equipment and provide documentation in a written report (i.e., in PDF Format) which will be e-mailed to COR within ten business days from date of service.

Base Year (within 90 days from contract award) and during any UST system change or upgrade.

Federal Citations Related to this Service/Activity:

➢ 40 CFR 280.40(a)(3) Leak Detection Equipment at VANIHCS consists of the following:

• Veeder Root TLS-4c (Marion 3)

• InCon Franklin Fueling Systems TS- 550 evo with Probes (Fort Wayne 1,2,3,4 & Marion 1,2)

2 FW – 1,2,3,4

M – 3

Leak and Release Detection – Probes and Sensors Contractor shall service all ATG system components according to the manufacturer’s service instructions, as outlined below:

a) Contractor shall evaluate Automatic Tank Gauge Probe and Sensor maintenance:

- Check the sensor is resting firmly on bottom of monitored pan/sump.

- Replace probe and mag sensor cables according to manufacturer instructions.

- Verify epoxy kits have been installed on field wiring.

b) Contractor shall evaluate Containment Sump and Piping Sump Sensor (including dispenser

Annually Federal Citations and other Information Related to this Service/Activity:

➢ 40 CFR 280.40(a)(3)(ii)

➢ Veeder Root Service / Maintenance Manuals

Leak Detection Equipment at VANIHCS consists of the following:

• Veeder Root TLS-4c (Marion 3)

• InCon Franklin Fueling Systems TS- 550 evo with Probes (Fort Wayne 1,2,3,4 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-280?toc=1 https://www.ecfr.gov/current/title-40/part-280#p-280.40(a)(3)(ii) https://docs.veeder.com/gold/gold_public_access.cfm?search_text=TLS-450&search_type=1 https://docs.veeder.com/gold/gold_public_access.cfm?search_text=TLS-450&search_type=1 pan):

- Inspect sensors to verify floats move freely (float type only).

- Turn sensor upside down to verify the monitor liquid alarm is activated (float type only).

- Inspect sensor cable for any cracking or damage.

- Verify sensor is firmly secured in an upright position on the bottom of the pan (solid state only)

- Verify epoxy kits have been installed on field wiring.

- Replace sump or piping sensor cables if cracked or damaged.

- Inspect floats and probe shaft for any residue build up. Clean with mineral spirits as necessary.

c) Tank annular sensor functionality (i.e., annular sensor, brine) -Contractor to test sensors per manufacturer instructions or list the recommended practice used.

-Verify the annular space does not contain product or water and monitoring equipment is functional.

-Verify monitoring equipment is compatible with the product stored and communicating with the controller.

c) Contractor shall indicate results in a written report (i.e., in PDF Format) which shall be e-mailed to COR within ten business days from date of service.

& Marion 1,2)

3 FW – 1,2,3,4

M – 3

Leak and Release Detection – Interstitial Monitoring – Containment Sumps Contractor shall evaluate Interstitial Monitoring (Including Sump Sensors).

a) Inspection shall include the following:

- Electrical junction boxes, wires, and conduit are intact and sealed with no obvious wire breaks are visible -Visually check the containment sump for damage, leaks to the containment area, and releases to the environment -Sump sensor is present

- Sensor is positioned correctly in the proper location

- There is no liquid or product present

- The lid has a tight seal and is securely

Triennially

Federal Citations and other Information Related to this Service/Activity:

40 CFR

280.35(a)(1)(ii)

➢ 40 CFR 280.43(g)(1)

➢ 40 CFR 280.43(g)(2)

➢ 40 CFR 280.40(a)(2) https://www.ecfr.gov/current/title-40/part-280#p-280.35(a)(1)(ii) https://www.ecfr.gov/current/title-40/part-280#p-280.35(a)(1)(ii) https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-280/subpart-D/section-280.43 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-280/subpart-D/section-280.43 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-280/subpart-D/section-280.40 fastened

- Check to ensure the walls of the sump are intact and are not slumping or warping -Check to ensure no cracks are present around the areas where components, such as wiring conduit and piping enter the sumps -Check to ensure no new stains are present since the last inspection

- Check to ensure test boots are in good conditions, not cracked or torn, and positioned correctly in the sump.

-Ensure Pipe boots are not capped to allow for pipe's interstitial space to drain liquids into sump

b) Contractor shall remove liquid and debris from containment sumps, if discovered.

c) Contractor shall indicate results in a written report (i.e., in PDF Format) which shall be e-mailed to COR within ten business days from date of service.

4 FW – 2,3 Line Tightness Testing – Pressurized Piping

Contractor shall conduct tightness testing of piping (pressurized piping).

a) Contractor shall conduct line tightness testing (in accordance with an EPA approved method: e.g., precision, volumetric or nonvolumetric). This tightness testing shall be conducted by a professional trained in performing line tightness testing or by using a permanently installed electronic system.

b) Contractor shall provide verification and detect a 0.1 gal/hr. leak rate at 1 and 1 ½ times the operating pressure.

c) Contractor shall test containment sumps used for piping interstitial monitoring.

d) Contractor shall indicate results in a written report (i.e., in PDF Format) which shall be e-

Annually

Federal Citations and other Information Related to this Service/Activity

40 CFR 280.41(b)

40 CFR

280.41(b)(1)(i)

5 FW – 2,3 Release Detection – Line Leak Detector https://www.ecfr.gov/current/title-40/part-280#p-280.41(b) https://www.ecfr.gov/current/title-40/part-280#p-280.41(b)(1)(i) https://www.ecfr.gov/current/title-40/part-280#p-280.41(b)(1)(i)

Contractor shall conduct piping inspection (Automatic Line Leak Detector).

a) Contractor shall conduct a service test on the Automatic Line Leak Detector for proper function.

Confirm proper connection points. Verify unit is product appropriate.

b) Verify epoxy kits have been installed on field wiring

c) During or immediately after running a test (i.e., simulating a leak), visually inspect the flexible fuel lines for leakage and check flexible fuel control lines for any chafing or excessive corrosion.

d) Contractor shall indicate results in a written report (i.e., in PDF Format) which shall be e-

Federal Citations and other Information Related to this Service/Activity:

➢ 40 CFR 280.44(a)

➢ 40 CFR 280.40(a)(2)

6 FW – 2,3

Leak and Release Detection

Contractor shall perform a tank tightness test (in accordance with an EPA approved method:

e.g., precision, volumetric or nonvolumetric) on applicable tank(s).

a) Contractor shall perform a tank tightness test on applicable tanks.

- The tightness test method shall be able to detect a leak at least as small as 0.1 gallon per hour from any portion of the tank with certain probabilities of detection and of false alarm.

b) Contractor shall indicate results in a written report (i.e., in PDF Format) which shall be e-mailed to COR within ten business days from date of service.

Triennially

Federal Citations Related to this Service/Activity:

➢ 40 CFR 280.43(c)

7 FW – 1,2,3,4

M – 3

Spill Prevention Equipment – Spill Bucket

Contractor shall conduct a visual inspection of spill bucket.

a) Contractor shall inspect the spill bucket for

Annually

Federal Citations Related to this Service/Activity:

40 CFR 280.35(a)(1) https://www.ecfr.gov/cgi-bin/text-idx?SID=473553cfd30dde73af7ca116e77375e0&node=se40.27.280_144&rgn=div8 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-280/subpart-D/section-280.40 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-280?toc=1 https://www.ecfr.gov/current/title-40/part-280#p-280.35(a)(1) signs of wear, cracks, or holes.

b) Contract shall ensure spill buckets are clean, in good condition, and empty of liquid and debris. Contract shall remove any debris or liquid, if found during the inspection

c) Contract shall check to ensure that the lid is not touching the fill cap.

d) Based on this inspection, the contractor may suggest a test to determine if the spill bucket is tight or needs repair or replacement.

e) Contractor shall indicate results in a written report (i.e., in PDF Format) which shall be e-

8 FW – 1,2,3,4

M – 3

Spill Prevention Equipment – Liquid tightness test

a) Contractor shall conduct a hydro testing on all spill bucket(s) and sumps every three years for liquid tightness. The test shall be conducted according to a code of practice or manufacturer’s instructions.

b) Sumps shall be filled to 4” above the highest penetration and verify water level drop < 1/8”

C) Spill buckets shall be filled to within 1 ½” of the top and verify water level drop < 1/8”

d) An integrity test shall be performed on the spill bucket and any sumps associated with a piping system that uses interstitial monitoring as a method of leak detection such as a turbine sump, UDC sump or transitional sump.

Contractor shall indicate results in a written report (i.e., in PDF Format) which shall be e-

Triennially

Federal Citations Related to this Service/Activity:

40 CFR

280.35(a)(1)(ii)

9 FW – 1,2,3,4

M – 3

Overfill Prevention Equipment – Functionality Test

Triennially https://www.ecfr.gov/current/title-40/part-280#p-280.35(a)(1)(ii) https://www.ecfr.gov/current/title-40/part-280#p-280.35(a)(1)(ii)

a) The contractor shall ensure that overfill prevention equipment is set to activate at the correct level specified and shall activate when regulated substances reach that level.

There are three types of overfill protection devices:

1. Automatic shutoff devices (also known as drop tube shutoff devices or “flapper” valves).

2. Overfill alarms; and

3. Ball-float valves (also known as float-vent valves). Ball-float valves can no longer be used on new tank installations. Repair or replacement of existing ball-float valves is prohibited.

A faulty ball-float valve shall be replaced by an approved method of overfill prevention.

b) Contractor shall determine the following:

-Device activates at 90%, restricts flow or triggers an audible and visual alarm (e.g., ATG or ball float.).

-Device that restricts flow 30 minutes before overflow provided at no more than 95% capacity and activates an alarm 5 minutes before overflow (e.g., ATG and ball float.)

-Device activates at 95%, positive shut-off of flow to UST (e.g., drop tube flapper valves.); or -Device provides positive shut-off before UST fittings are exposed to product.

c) Remove automatic shutoff and ball float devices to confirm functionality. Remove probes to confirm functionality of exterior alarm/float communication at calculated height.

Verify conflicting equipment does not affect overfill device operability. Conflict examples:

ball float device may not function with suction pumps or coaxial fills; automatic shutoffs may not function with ball float stem inside tank unless the automatic shut-off device is set lower than the ball float stem. If known, include the overfill device make and model and list the recommended practice or code followed.

Federal Citations Related to this Service/Activity:

40 CFR 280.35(a)(2) https://www.ecfr.gov/current/title-40/part-280#p-280.35(a)(2)

d) Contractor shall indicate results in a written report (i.e., in PDF Format) which shall be e-

10 FW – 3

Dispensers and Emergency Shut-Offs

Contractor inspection of stand-alone dispenser and hose and nozzle components.

a) Contractor shall calibrate product dispensers according to local standards or to an accuracy of six cubic inches for every five gallons of product withdrawn.

b) Contractor shall open each dispenser and inspect all visible dispenser lines, fittings and couplings, and inspect the UDC sump beneath the dispenser for any signs of leakage.

c) Contractor shall observe for obvious leaks, cracks, deformations and ensure breakaway is installed (i.e., in the hose and nozzle components).

d) Contractor shall indicate results in a written report (i.e., in PDF Format) which shall be e-mailed to COR within ten business days from date of service.

Annually

Federal Citations and other Information Related to this Service/Activity

40 CFR 280.43(a)(5) 40 CFR 280.20(f) (2)

11 FW – 3

Dispensers and Emergency Shut-Offs

Contractor inspection of dispenser pan sensor (solid-state only), dispenser sump.

a) Contractor shall evaluate the following elements of the dispenser pan sensor:

- Inspect sensor cable for any cracking or Damage

- Verify sensor is firmly secured in the upright position on the bottom of the pan

- Verify epoxy kits have been installed on field wiring

- Replace sensor cable if cracked or damaged

b) Contractor shall evaluate the following elements of the dispenser sump:

- Inspect shear valve. Assess unit is in place and

Annually

Federal Citations and other Information Related to this Service/Activity

40 CFR 280.40(a)(2) 40 CFR 280.20(f) (2) https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-280/subpart-D/section-280.40 https://www.ecfr.gov/current/title-40/part-280#p-280.20(f)(2) https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-280/subpart-D/section-280.40 https://www.ecfr.gov/current/title-40/part-280#p-280.20(f)(2) properly anchored. Observe for obvious leaks.

- Inspect sump. Assess sump is clean and empty. Note any signs of leaks.

- Ensure interstitial sensors if installed are positioned at the lowest portion.

- Observe for obvious open electrical junction boxes or broken wiring

c) Contractor shall inspect emergency shut off to ensure it is accessible and has not obvious damage.

d) Contractor shall indicate results in a written report (i.e., in PDF Format) which shall be e-mailed to COR within ten business days from date of service.

12 All USTs UST Overview Document

Contractor shall evaluate the accuracy of the UST Compliance Matrix (i.e., Attachment 2 of this SOW).

a) Contractor shall evaluate the UST Compliance Matrix and make the necessary adjustments so that the document reflects all UST information accurately (e.g., Tank and Pipe Information, Release Detection Method Utilized, Spill Protection and Overfill Control), or provide a contractor-produced inventory of UST system components and regulatory testing, inspection, recordkeeping applicability.

b) Contractor shall indicate results in a written report (i.e., in PDF Format) which shall be e-mailed to COR within ten business days from

13 All USTs Contractor Hourly Rate to Correct Deficiencies

- Hourly rate for contract employees correcting deficiencies identified during inspections and testing services outlined in SOW.

See Schedule of Supplies Template (amount is based upon 80 hours of contract work per year)

14 All USTs Contractor Estimated Cost of Supplies and Materials Estimated amount (cost) of supplies and materials for correcting (e.g., replacing UST components, etc.) deficiencies identified during inspections and testing services outlined in

SOW.

See Schedule of Supplies Template

*(Amount is based upon contractors estimate to correct deficiencies identified during inspections.

and testing services per year).

*This amount should not include total UST replacement – this SOW is for the service and maintenance of existing UST(s) and ATG equipment.

15 All USTs Administrative Assistance

Contractor shall assist COR in completing the notification of each owned UST to IDEM (if required) including:

(1) a notification for each regulated UST owned;

(2) complete information required on the form for each UST owned; and

(3) if applicable, a separate notification form for each separate place of operation at which the USTs are located.

Base Year and anytime there is an update to a tank substantial enough to warrant notification.

Federal Citations and other Information Related to this Service/Activity

➢ 329 IAC 9-2-2(c)

All testing shall be performed by a trained and/or certified technician.

Upon completion of each, inspection and/or testing the Contractor shall provide VA Northern Indiana Health Care System with documentation listing all work performed, defects found and corrected, and any corrective action suggested.

All testing shall be documented and provided to COR before leaving the testing site.

The Contractor shall submit an estimate for a resolving any issues. No work is be performed unless a written authorization is provided to the Contractor from a Contracting Officer in the form of a bi-lateral modification.

https://www.law.cornell.edu/regulations/indiana/329-IAC-9-2-2

SECTION C - CONTRACT CLAUSES

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

SERVICES (NOV 2023)

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

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

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

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

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

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

The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

(1) The Contractor shall…

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