36C25026Q0090.docx

36C25026Q0090

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

583-26-1-669-0010 36C25026Q0090 11-03-2025 Seevers, Courtney R.

216-791-3800 ext. 11288 11-21-2025

12:00 PM

EST

Department of Veterans Affairs Network Contracting Office (NCO) 10 6100 Oak Tree Blvd., Suite 490 Independence OH 44131 X X 238220 $19 Million N/A X Department of Veterans Affairs Richard L. Roudebush VA Medical Center Attn: Engineering 1481 W. 10th Street Indianapolis IN 46202 Department of Veterans Affairs Network Contracting Office (NCO) 10 6100 Oak Tree Blvd., Suite 490 Independence OH 44131

36C250 Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically http://www.tungsten-network.com/ customer-campaigns/veteransaffairs/ See CONTINUATION Page The Richard L. Roudebush VA Medical Center (VAMC) requires testing and inspection of its boiler controls at both the VAMC campus and the Cold Springs Road Campus.

All questions will be answered via Solicitation amendment.

All questions must be submitted in writing to the Contract Specialist at the following e-mail: Courtney.Seevers@va.gov no later than 11/14/2025, by 12:00 pm ET.

The Contractor shall sign the 852.219-75 certification for sub-contracting in order to be considered for award. Offers that do not contain this certification will not be considered for award or evaluated.

Contractor shall follow submission of offer guidelines stated under section B.1 Contract Administration Data to be considered for award.

See CONTINUATION Page 583-3660162-669-854100-2543 010055590 X X X One(1) Kristina L. Peart Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

Courtney Seevers Courtney.Seevers@va.gov Department of Veterans Affairs Network Contracting Office (NCO) 10 6100 Oak Tree Blvd., Suite 490 Independence OH 44131 Contracting Officer Kristina L. Peart Kristina.Peart@va.gov Department of Veterans Affairs Network Contracting Office (NCO) 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor, MI 48106

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

[X] 52.232-33, Payment by Electronic Funds Transfer – System for Award Management.

3. INVOICES: Invoices shall be submitted in arrears:

c. Other: [ X ] Biannually upon completion of services 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

5. Late Quote Submission: Late submissions may not be considered.

6. SUBMISSION OF OFFER:

3.) The Price/Cost Schedule, Section B 4.) 52.209-7, Information Regarding Responsibility Matters 5.) 52.212-3, Representations and Certifications, or valid completion of SAM is acceptable 6.) 852.219-75, VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction 7.) Information shall be received by the date and time specified in Block 8 of SF 1449 in order to be considered for award.

8.) Quote Format and Structure - To provide a basis for sound evaluation by the Government, Quoters must submit a complete quote. The information provided shall be concise, factual, complete, and demonstrate the Quoter's capacity and capability to satisfactorily perform the requirements outlined in the solicitation. Quotes will be considered only from Quoters that are regularly established in the business and in the judgment of the Government, are deemed financially responsible and able to show evidence of appropriate experience.

b. By submission of an offer, the offeror acknowledges the requirement that the prospective awardee shall be registered in the System for Award Management (SAM) database prior to award. Offerors who are not registered in SAM should consider applying for registration immediately. Registration in SAM is a requirement to conduct business with the Federal Government. If the prospective awardee is not registered in SAM within the timeframe specified by the Contracting Officer, the successful offeror will be removed from further consideration for award. Offerors can register in SAM at https://www.sam.gov.

c. By submission of an offer, the offeror acknowledges the requirement that at the time of offer submission the offeror shall be certified and listed in the SBA certification database located at https://veterans.certify.sba.gov/. This is in accordance with VAAR 852.219-73(b)(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” and in accordance with VAAR 852.219-73(c) which further states that “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.” For a SDVOSB set-aside procurement, if the offeror is not certified and listed on the SBA certification database at the time of offer submission as set forth in the VAAR, the offeror will be removed from further consideration for award.

d. Simplified Acquisition Procedures of FAR Part 12 and 13 are being used to conduct this procurement.

e. Offeror must be certified in the SAM representations and certifications in FAR 52.212-3 that the firm meets the small business size standard for the NAICS Code assigned to the procurement.

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

B.2 ELECTRONIC INVOICE SUBMISSION AND INVOICING

VENDOR ELECTRONIC INVOICE SUBMISSION REQUIREMENTS AND METHODS

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.

1. 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

1. 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:

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

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

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

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

BILLING AND INVOICING

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

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. Invoice is submitted in arrears, no later than the 15th 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

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

Winter Testing Visit - includes testing and inspections marked on Appendix B as yearly, and includes boiler operating and safety controls inspections and testing marked on Appendix B as six (6) months.

Contract Period: Base POP Begin: 12-22-2025 POP End: 12-21-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Summer Testing Visit - only includes boiler operating and safety controls inspections and testing marked on Appendix B as six (6) months.

Contract Period: Base POP Begin: 12-22-2025 POP End: 12-21-2026

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Winter Testing Visit - includes testing and inspections marked on Appendix B as yearly, and includes boiler operating and safety controls inspections and testing marked on Appendix B as six (6) months.

Contract Period: Option 1 POP Begin: 12-22-2026 POP End: 12-21-2027

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Summer Testing Visit - only includes boiler operating and safety controls inspections and testing marked on Appendix B as six (6) months.

Contract Period: Option 1 POP Begin: 12-22-2026 POP End: 12-21-2027

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Winter Testing Visit - includes testing and inspections marked on Appendix B as yearly, and includes boiler operating and safety controls inspections and testing marked on Appendix B as six (6) months.

Contract Period: Option 2 POP Begin: 12-22-2027 POP End: 12-21-2028

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Summer Testing Visit - only includes boiler operating and safety controls inspections and testing marked on Appendix B as six (6) months.

Contract Period: Option 2 POP Begin: 12-22-2027 POP End: 12-21-2028

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Winter Testing Visit - includes testing and inspections marked on Appendix B as yearly, and includes boiler operating and safety controls inspections and testing marked on Appendix B as six (6) months.

Contract Period: Option 3 POP Begin: 12-22-2028 POP End: 12-21-2029

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Summer Testing Visit - only includes boiler operating and safety controls inspections and testing marked on Appendix B as six (6) months.

Contract Period: Option 3 POP Begin: 12-22-2028 POP End: 12-21-2029

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Winter Testing Visit - includes testing and inspections marked on Appendix B as yearly, and includes boiler operating and safety controls inspections and testing marked on Appendix B as six (6) months.

Contract Period: Option 4 POP Begin: 12-22-2029 POP End: 12-21-2030

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Summer Testing Visit - only includes boiler operating and safety controls inspections and testing marked on Appendix B as six (6) months.

Contract Period: Option 4 POP Begin: 12-22-2029 POP End: 12-21-2030

PRODUCT/SERVICE CODE: H945 - Other Quality Control, Testing, and Inspection - Plumbing, Heating, and Waste Disposal Equipment

Base Year

Option Year One (1)

Option Year Two (2)

Option Year Three (3)

Option Year Four (4)

Aggregate Total (Base + Options, if exercised)

B.4 STATEMENT OF WORK

BACKGROUND

The Richard L Roudebush VA Medical Center, (RLRVAMC) located at 1481 West 10th Street, Indianapolis, IN 46202 is required to have annual and bi-annual inspections of the operating and safety controls for three (3) hot water boilers.

SCOPE OF WORK

1. RLRVAMC requires Qualified Professional Inspectors (QPI) for the inspection and testing of its three (3) hot water boilers.

2. The RLRVAMC has two (2) condensing hot water boilers located in new Building 5 on campus. These two boilers are both manufactured by the Laars Heating Systems Company (LAARS). The boiler specifics are as follows:

a. Boiler #1: LAARS, NTH399NXX3, SN: G19458744, natural gas fired only, 399,000 BTUH (British Thermal Unit per Hour) input.

i. This boiler is not American Society of Mechanical Engineers - Controls and Safety Devices (ASME-CSD) 1 compliant.

b. Boiler #2: LAARS, NTH600NJX3, SN: G19458203, natural gas fired only, 600,000 BTUH input.

i. This boiler is ASME-CSD-1 compliant.

3. The third boiler is located at the Veteran’s House, 2669 Cold Springs Road, Indianapolis, IN 46222. This boiler’s details are as follows:

a. Boiler #3: Hydrotherm, KN6, SN: KN-H-NET-M-11NB, natural gas fired only, 510,000 BTUH input.

i. This boiler is not ASME-CSD-1 compliant.

4. Veterans Health Administration (VHA) Directive 1810(1), Inspection and Testing for Boiler Plant Operations details the required inspection and testing. These are attached at the end of this SOW.

5. Inspection and testing visits shall occur twice per contract year, first in the Winter (January - March) and second in the Summer (July - October).

6. Inspection and Testing items marked in Appendix B as Yearly shall occur during the Winter testing period

7. Inspection and Testing items marked in Appendix B as six (6) months shall occur during both Winter and Summer testing periods.

QUALIFIED PROFESSIONAL INSPECTOR

A QPI is required for these services per VA Directive 1810(1) Appendix B. Contractor shall provide evidence of their capabilities as a QPI. Per VHA Directive 1810(1) Appendix B, a QPI is any one or combination of the following:

1. A boiler inspector who has a valid and current certificate from the National Board of Boiler and Pressure Vessel Inspectors;

2. A boiler inspector who has qualified for licensure by passing a written examination under the laws, rules, and regulations of a jurisdiction of the State and holds a current State license;

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

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

APPLICABLE STANDARDS

All work shall be completed by a QPI in accordance with the following documents:

1. Boiler and Associated Plant Safety Device Testing Manual, Eighth Edition.

2. VHA Directive 1810(1), Boiler and Boiler Plant Operations, as Amended 09/11/2018.

3. National Boiler Code ASME-CSD-1, Controls and Safety Devices for Automatically Fired Boilers.

4. VA Specification Section 23 52 25, Low Pressure Water Heating Boilers.

5. VA Specification Section 01 35 26, Safety Requirements.

6. National Fire Protection Agency (NFPA) 85, Boiler and Combustion Systems Hazards Code.

All documents are available on-line at VA Technical Information Library – Office of Construction & Facilities Management – https://vatilms.va.gov/vatilms/landing-page.

DELIVERABLES

1. Contractor shall provide a report for each boiler indicating the equipment inspected and the pass/fail status of each component and a list of recommendations indicating which equipment may be acceptable but marginal and should be replaced.

2. These reports shall be provided to the (COR) within seven calendar (7) days of the date of testing.

SCHEDULING

1. Contractor shall schedule winter and summer visits with COR within the first week of the contract period of performance and within the first week of the period of performance of any ensuing option years, if exercised.

2. Contractor shall provide at least two weeks’ notice to the COR prior to the visit.

3. Work shall be conducted when the COR or his/her representative is available on site to monitor the work.

SITE ACCESS, PARKING, AND GENERAL REQUIREMENTS

1. The contractor and their personnel shall be subject to all Federal laws, regulations, standards, and VA directives and Handbooks regarding information and information systems security.

2. The contractor shall be escorted by VA personnel into and around buildings during their work.

3. The buildings housing the boilers shall be fully occupied during the work.

4. The contractor shall inform the Contracting Officer’s Representative (COR) anytime the contractor’s personnel are on site.

5. The contractor is responsible for the physical security of the job site, materials, tools and equipment as well as daily inspections and cleanliness of the work sites. The governments shall assume no liability for loss or damage of contractor’s owned property on governmental premises.

HOURS AND DAYS OF WORK

1. Hours of work are 8:00 am to 4:30 PM Monday through Friday not including Federal holidays.

2. The ten holidays observed by the Federal Government are New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Also, any other day declared by the President of the United States to be a national holiday.

SAFETY GUIDELINES

1. VA Specification Section 01 35 26 is the section that governs safety on the VA campus. The following information is intended to be complimentary to that Section. If there is a conflict between this document and that Section, the most stringent content prevails.

2. The Richard L. Roudebush VAMC is an occupied facility. The contractor shall be responsible for providing a safe work environment during the construction period. Every effort shall be made by the contractor to protect the occupants, visitors, and customers from construction hazards.

3. All work associated with this project shall follow all VA regulations concerning Safety, Infection Control, Interim Life Safety, parking, personnel access, and proper removal/safe disposal of waste and debris

4. The contractor shall be thoroughly familiar with the rules and regulations governing safety. A 30-Hour OSHA “Competent Person” shall be present for all work and all additional workers shall have a minimum 10-Hour OSHA Certification.

5. Only low odor/low Volatile Organic Compound (VOC) products are permitted to be used on the campus.

6. Any damage to site buildings or grounds caused by the contractor that occurs during services shall be repaired by the contractor to the original state prior to the damage occurring and at no cost to the government.

7. The Richard L. Roudebush VAMC is a smoke and vape free facility, and it is the contractor’s responsibility to maintain compliance with this policy at construction locations.

8. The contractor shall provide additional safety or infection prevention (IP) measures as directed by the COR, VA Safety, VA IP, and VA Police authorities.

9. Contractor shall follow all Lock Out Tag Out procedures (LOTO) and comply with the VA instructions and requirements for the process.

10. The COR shall be the primary point of contact for all project coordination.

11. Installation and components shall comply with all applicable International Building Code (IBC) standards, National Fire Protection Association (NFPA) standards, and the local Authorities Having Jurisdiction (AHJ). It is the responsibility of the Contractor to understand and comply with all applicable city, county, state, and federal codes, laws, ordinances, standards, rules, and regulations.

12. The contractor is expected to clean their work areas during and at the conclusion of work in an area daily. All relocated items shall be returned to their original locations once the contractor has completed the work in each area. Any damage to furnishings, equipment, etc. shall be promptly reported to the COR and damage must be repaired expeditiously by the contractor.

13. The contractor shall be aware that unforeseen hospital conditions may cause changes in PCRA, ILSM, and ICRA requirements. The contractor shall comply with all such changes as soon as the contractor is made aware of such changes.

14. The Contractor shall be responsible for complying with all requirements of working within an active Medical Center, including noise restrictions, equipment restrictions, hours restrictions, phase restrictions, infection prevention restrictions, etc.

15. The Contractor shall submit a list of all sub-contractors that will be working on the construction site.

16. The Contractor shall submit a list of all personnel planned to be onsite each visit, two weeks in advance.

17. The Contractor shall provide a minimum fourteen (14) day notice to the COR before any utility shutdowns are required to allow for proper scheduling and notification.

ASBESTOS AND OTHER HAZARDOUS MATERIALS

The VA shall provide copies of all asbestos and hazardous materials reports for the contractor’s use. It is not anticipated that the contractor will contact any hazardous materials during the pursuit of this project.

SECURITY REQUIREMENTS

Contractor shall not have access to VA Sensitive Information, patient records, or data. The Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required.

GOVERNMENT-FURNISHED EQUIPMENT (GFE)/GOVERNMENT-FURNISHED INFORMATION (GFI)

The VAMC shall not furnish parts and/or any other test equipment for the performance of this contract. It is the responsibility of the contractor to bring the appropriate equipment; and/or supplies necessary to complete the work as required per this contract.

PERFORMANCE MONITORING

1. The government reserves the right to inspect services at any time

2. Failure to meet contract terms may result in re-performance or corrective actions

COR AUTHORITY

The COR is authorized to monitor all technical aspects of the contract. The COR shall not make any changes to the terms and conditions of the contract. Any changes shall be authorized via written modification by the Contracting Officer.

ATTACHMENTS

The contractor shall review and comply with all the requirements of the VHA Directive 1810 Appendix B (below). Items not applicable to this solicitation have been removed from the chart and items retain the same numbers as from the original chart.

VHA Directive 1810(1) Appendix B – Inspection and Testing for Boiler Plant Operations Frequency Chart

Boiler Plant Safety and Operational Duties

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

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

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage.