36C25520Q0048-004.docx

36C25520Q0048

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25520Q0048 01-21-2020 Visocsky, Aubrey 913-946-1951 03-20-2020

11:59PM

36C255 Contract Specialist - Aubrey Visocsky Department of Veterans Affairs Network Contracting Office 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 X X 811310 $8 Million N/A X St. Louis Health Care Systems - JB 1 Jefferson Barracks Dr.

St Louis MO 63125 St. Louis Health Care Systems - JC 915 North Grand Blvd., St. Louis

MO

63106 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048

36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin

TX

877-353-9791 512-460-5429 See CONTINUATION Page The Contractor shall provide Boiler Inspection Services.

See Statement of Work for specifications.

See Section B. for details.

Detailed instructions for submitting a quotation are provided in Section E.1.

Service-Disabled Veteran Owned Small Businesses must be Registered & CVE Certified in VetBiz.gov (www.vip.vetbiz.gov) at submittal and time of award.

See CONTINUATION Page X X

1(ONE)

Miller, Susan D.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

(a). CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

(1). CONTRACTOR: _______________________

Commercial and Government Entity (CAGE):__________________

(2). GOVERNMENT: DEPT. OF VETERANS AFFAIRS

Veterans Health Administration Network Contracting Office (NCO) 15 Aubrey Visocsky| 913-946-1951 | Aubrey.Visocsky@va.gov 3450 S 4th St.

Leavenworth KS 66048

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

(c). INVOICES: Invoices shall be submitted in arrears:

(d). GOVERNMENT INVOICE ADDRESS: Invoices will be provided in accordance with the requirements listed in FAR 52.212-4, Commercial Items – Terms and Conditions, (MAY 2014), (g) Invoice; and VAAR 852.232-72 Electronic Submission of Payment Request (NOV 2012); electronically to:

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX

(e). REFERENCE NUMBERS: Please reference both the contract number XXXXXXXX and the obligation number XXXXXXX on all correspondence and invoices. If contract option years are exercised, new obligation numbers will be issued and identified on the contract modification document.

(f). AUTHORIZATIONS:

(1). The Contracting Officer (CO) named in Section (a) above is responsible for the overall administration of this contract. Only the CO has the authority to make changes which affect:

(A). Contract prices, (B). Quality, (C). Quantities, or (D). Delivery terms and conditions.

(2). Contracting Officer Representatives (COR) and Alternate Contracting Officer’s Representatives (Alt-COR) may be assigned to this contract. The COR and Alt-COR shall be provided specific written delegated authority by the CO, a copy of which will be provided to the Contractor.

(g). CHANGES TO THE CONTRACT: No individual or activity has authority to ADD, DELETE, CHANGE, OR MODIFY this order except by the CO or by written authority specifically delegated by the CO.

(h). CONTRACT TIME PERIOD:

(1). The contract period shall commence April 1, 2020 and expire March 31, 2021.

(2). At the discretion of the government, and in accordance with 52.217-9, Option to Extend the Term of the Contract, the contract may be extended up to four (4) one (1) year periods. Notice of an extension must be served in writing by the VA consistent with 52.217-9. An extension may be exercised subject to the continued acceptable performance and responsibility of the Contractor, the continued requirement for services, and the availability of funds.

(j). ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the solicitation numbered and dated as follows:

B.1 STATEMENT OF WORK (SOW)

1. GENERAL INFORMATION:

(a) Scope of Work: Inspection, Safety Device Testing and Calibration of the Boiler Plant Burners, Controls, Instruments, and Data Management to be completed at the:

SAINT LOUIS VA HEALTHCARE SYSTEM - BOILER PLANT (BLDG 8)

(b) Background: This contract is issued to ensure the continuous reliability of the boiler system identified in the statement of work. Malfunctioning burners or controls can cause catastrophic events resulting in injuries and death and massive property damage. Inaccurate or inadequate data management and monitoring systems can fail to warn of unsafe or inefficient performance. Regular inspections, testing and calibration are an essential part of a program to address these concerns.

(c) Performance Period: The Contractor shall begin the work required under this SOW commencing with the effective date of award, unless otherwise directed by the CO, and shall provide continuous service until the date of contract expiration. Work at the VA Medical Center shall not take place on Federal holidays or weekends unless directed by the COR, AltCOR or the CO.

(d) Type of Contract: Firm-Fixed-Price.

(e) Extension of Contract.

a. This contract may be extended for up to four (4) one (1) year option periods at the option of the VA in accordance with FAR 52.217 9, Option to Extend the Term of the Contract. Notice of an extension must be served in writing by the VA prior to the scheduled expiration date. An extension may be exercised subject to the continued acceptable performance and responsibility of the Contractor, the continued requirement for services, and the availability of funds.

2. EQUIPMENT TO BE SERVICED: Each of the following items is to be serviced in accordance with the specifications, terms and conditions of this contract

John Cochran Division

3. SERVICES TO BE PROVIDED: The Contractor shall supply all labor, travel, materials, equipment, tools, supervision, any and all incidentals to complete on-site full service planned maintenance and repair of the equipment and the accessories attached to the boiler system including the accessories as identified in section (2) above, in accordance with design specifications and the specifications, terms, and conditions of this contract. The Contractor shall do tests at both sites every 6 months and do internal on the boilers once per year.

(a) Scheduled Maintenance: The Contractor shall perform preventive maintenance (PM) service to ensure that equipment listed in this SOW and section (b) - LIST OF ITEMS TO BE MAINTAINED, performs in accordance with section (g) (2) Conformance Standards. The Contractor shall provide checklists and utilize procedures with worksheet originals indicating work performed and actual performance values obtained (as applicable). The contractor shall provide written description of Preventive Maintenance Inspections (PMI). This description shall include an itemized list of the procedures performed, including electrical safety. This documentation shall be provided to the COR at the completion of the PM. PM services shall include but are not limited to inspecting and calibrating the hard copy image device.

(b) Unscheduled Maintenance (Emergency Repair Service):

a. Contractor will be required to provide unlimited full-service coverage on the equipment listed below. Coverage includes all replacement parts, installation, calibration, labor, and travel necessary to bring the listed equipment to manufacture operating specifications.

b. Only the CO, COR, or designated alternate has the authority to approve/request an unscheduled service call to the Contractor.

c. Response time - Contractor’s FSE or Technical Support shall respond with a phone call to the COR or designee within one (1) hour after receipt of telephoned notification. A qualified technician must respond on-site a maximum of eight business (8) hours after of the initial request for service, unless specified otherwise by the COR or AltCOR.

d. Unscheduled service calls for other than normal working hours may be charged at the contractor’s standard commercial rates for labor and travel and will be invoiced separately from this contract. Invoice is to be provided to the COR or AltCOR.

e. Technicians responding for unscheduled emergency service must report to the Supervisor, Bio- Medical Service or designee (after hours). Upon completion of service/repair the technician shall again report to that person.

(c) System uptime: The VA requires all listed equipment to meet a minimum 95% uptime for the period of performance on a 24 hours basis.

(d) Parts: The Contractor shall have ready access to all parts, including unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment. The contract shall furnish all parts except -if applicable - those parts specifically listed as being EXCLUDED. The contractor shall use only new Original Equipment Manufacturer (OEM) or OEM approved parts. All parts shall be of current manufacture and have complete versatility with the presently installed equipment. All parts shall perform identically to the original equipment specifications. Parts removed from another system, rebuilt and/or used, shall not be installed without specific approval by the CO and the COR. All defective parts replaced become the property of the Contractor, unless otherwise specified by the CO, COR or AltCOR.

(e) Service Manuals/Tools/Equipment:

a. The VA shall not provide tools, test equipment, service manuals, or service diagnostic software to the contractor. Contractor shall obtain, have on file, and make available to its FSE all operational and technical documentation (such as operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract. The location and listing of the service manuals, by name and/or the manuals themselves shall be provided to the CO upon request.

b. The Contractor shall provide the COR two (2) copies of all documentation that pertains to any hardware, software, or firmware upgrade or repair.

c. Copies of the latest version(s) of all documentation and licensing agreements, which shall include operation, service, and diagnostic software. The COR shall have access to the same operation, service, diagnostic software, and documentation as the OEM's FSE. Contractor shall provide to the COR OEM Service Bulletins for the equipment covered under this contract. All documentation and service bulletins, etc. shall be provided within 30 days of award in either hard copy or electronic format. Any future service bulletins generated during the contract period shall be provided to the COR within 30 days of receipt in either hard copy or electronic format.

(f) Removal of equipment to contractor’s repair facility: Approval of the CO must be obtained before removing any equipment from the VA Medical Facility. No transportation charges will be allowed for either the repairperson or equipment to or from the Contractors facility. The Contractor will be responsible for all damage or loss of equipment. A loaner of the same type and functionality of the equipment removed, if required, shall be furnished, installed and made fully operational by the contractor without additional cost.

4. CONDITION OF EQUIPMENT. All equipment has been under original manufacture’s maintenance and repair agreement since installation. The Contractor has been provided an opportunity to visit the VA Medical Centers, examine the equipment, and note in writing to the CO any condition which may affect the Contractors performance of this contract. Except for any conditions so noted the Contractor accepts responsibility for the equipment described in section (c) in “as is” condition. Failure to inspect the equipment prior to contract award will not relieve the Contractor from performance of the requirements of this contract.

5. TECHNICIAN QUALIFICATIONS.

(a) Technicians shall have completed at least a one-year trade school and have five years successful experience in this field. The experience shall be largely with institutional and industrial boiler plants similar in design to the VAHCS plant. The VAHCS facility manager/engineer may define and accept equivalent qualifications. Project manager shall be OSHA 30 certified. All other employees shall be OSHA 10 certified.

(b) Technicians shall demonstrate familiarity with and have ready access to the current versions of the following references:

· NFPA 85, Boiler and Combustion Systems Hazards Code.

· VHA Boiler Plant Safety Device Testing Manual, 3rd Edition.

(c) Technicians shall be equipped with portable electronic flue gas analyzers and other test instruments necessary for the required tests and calibrations, all calibrated within one month of the site visits. Technicians shall be familiar with programmable digital controls and have the capability to program, to include hardware and software requirements.

6. INSPECTION, TESTING AND CALIBRATION REQUIREMENTS.

(a) Technicians shall provide all tools and labor necessary to perform inspection, tuning, testing, calibrating, and adjustments of burners, and boiler plant controls as specified below. This shall be done every six months in accordance with a schedule provided by the VAHCS. VAHCS may extend the schedule for burners in limited service.

(b) Instrumentation, monitoring, and data management systems as listed in sections 3.F –3. J of this SOW shall be calibrated every six months.

(c) Provide at least two weeks notice to the Contracting Officer’s Representative (COR) prior to performing the work. Work cannot be scheduled during heavy steam load periods. Only one boiler at a time can be out of service for the inspection, testing, and calibration procedures. Work must be conducted when the COR or designee is available on site to monitor the work.

(d) VAHCS will have the boilers that are to be serviced prepared for the technicians upon their scheduled arrival. This includes having the boilers clean of soot and loose scale; fully warmed and at normal steam pressure; steam exhaust silencer system operable; all boiler, burner, and fuel train pressure gages and thermometers calibrated; fuel meters in accurate operation (pressure/temperature correction factors provided, if applicable); boiler steam flow, stack temperature, and flue gas oxygen instruments operating.

(e) VAHCS will comply with other requirements of the service technician that are considered reasonable by VAHCS and have been presented in writing at least two weeks prior to the scheduled testing.

(f) The inspections, testing, and calibrations shall comply with:

a. The recommendations and requirements of VHA Boiler Plant Safety Devices Testing Manual, 3rd. Edition.

b. The written recommendations of the equipment manufacturers

c. The requirements and recommendations of NFPA 85 Boiler and Combustion Systems Hazards Code including applicable appendices.

d. Burner performance requirements in this document

(g) A summary of the work is as follows:

a. Review boiler plant log sheets, alarm reports, and trouble reports.

b. Review records that show combustion performance (flue gas oxygen and carbon monoxide).

c. Perform overall visual inspection of systems. Verify that systems comply with referenced codes and VAHCS requirements stated in this contract.

d. Test and record the operation and set points of all burner/boiler safety interlock devices. Refer to list below. Verify that the set points and operating points are within approximately 20% of normal operating parameters. Make adjustments as necessary and record the new settings. The operation of a device must result in burner shutdown and/or proper alarm operation.

e. Operate burner(s) on each fuel from low fire to high fire and back to low fire in at least six increments and record combustion performance (flue gas oxygen, carbon monoxide, NOx where applicable), fuel train pressures, atomizing train pressures, burner pressures, stack temperatures, boiler steam output.

f. Compare the combustion performance data with VAHCS requirements (see below) and previous readings. If necessary, make adjustments to the fuel flow and combustion air controllers, control valves, and dampers to obtain the required performance. Record the new performance data.

g. Verify accuracy of instrumentation listed below. Verify that all devices are properly selected for the application in terms of type, size, set point range, performance, code approval. Calibrate all instruments that are not within manufacturer’s specifications for accuracy.

h. Immediately inform COR of any recommended repairs or modifications.

(h) All of interlocks and safety devices to be inspected and tested on each boiler/burner/equipment are contained in the VHA Boiler Plant Safety Devices Testing Manual, 3rd Edition, along with Testing procedures.

a. Required burner performance (natural gas and fuel oil):

1) Turndown (ratio of maximum and minimum firing rates): 10/1 8/1 5/1 4/1 (Refer to original burner specification).

2) Achieve, but do not exceed, boiler maximum steam flow output rating. Measure fuel input at minimum and maximum firing rates.

3) Maximum carbon monoxide: 200 parts per million (ppm).

4) Maximum NOx: (Refer to original burner specification).

5) Flue gas oxygen: 2.5 – 4.2% (Up to 5.2% at loads below 40% of maximum steam output; no upper limit at minimum firing rate; oxygen can be one percentage point higher on oil firing on single-point positioning systems).

6) Flue gas oxygen (low excess air burners): 1.0 – 2.0% (Up to 2.5% at loads below 40% of maximum steam output; no upper limit at minimum firing rate; oxygen can be one percentage point higher on oil firing on single point positioning systems).

7) No visible smoke, except on heavy oil fuel maximum opacity is 20%. Comply with local emissions regulations.

8) Flames shall be stable with no pulsations, shall be retained near burner, no blowoff or flashbacks, no constant flame impingement on refractory or waterwalls.

b. List of instrumentation and controls to be inspected and calibrated:

1) Steam flow transmitters (all).

2) Steam flow recorders/computer readout.

3) Flue gas oxygen sampling, analyzing and recorder/computer readout.

4) Boiler and economizer stack temperature transmitters and recorder/computer readout.

5) Master steam pressure and combustion controllers.

6) Boiler outlet draft controllers.

7) Boiler water level controllers.

8) Feedwater deaerator and condensate storage tank water level controllers including overflow.

9) All pressure and temperature sensors and transmitters.

10) All signal processing and readout devices.

c. GENERAL REQUIREMENTS.

(a) Defects in equipment: The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the CO and COR (in writing) of the existence or the development of any defects in or repairs required to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs.

(b) Conformance standards: Contractor shall ensure that the equipment functions in conformance with the latest published edition of the applicable standards; including but not limited to NFPA-99, UL, NEC, LSC, OSHA, VA, CDRH, Joint Commission (JC), etc. and the “Manufacturer's Performance standards/ specifications” as used when the equipment was originally procured and that any upgrades/updates will meet the stated standards/specifications.

(c) Hours of Coverage: The contractor will provide all required services within the normal business hours (8:00 AM to 5:00 PM (CST) M-F).

(d) Federal holidays observed by the VA Medical Center:

and any other day specifically designated by the President of the United States.

(e) Documentation/Reports: Hard copy of the service report is preferred on the day work is performed. This report may be delivered to Biomedical Engineering before the FSE leaves the station or via email to Tim.Shannon@va.gov. If the service was completed after regular duty hours, the FSE will sign out and leave the report in the Police Office, room 1170-1. However, no later than three (3) business days after the conclusion of any maintenance or repair the Contractor will provide to the COR or AltCOR a signed detailed service/inspection (electronic copy preferred) report listing all devices, all repairs for each device, parts used to maintain or repair the devices, and operating efficiency of the devices. The service/inspection report shall contain, at a minimum, the following information:

a. Date and time of the technician’s arrival on station.

b. Type, model, and serial number(s) of all equipment on which maintenance was performed.

c. Total time spent performing maintenance (exclusive of any travel time).

d. Detailed narrative description of work performed. Provide complete written report of the inspection fully describing all tests performed, all findings, and all recommendations. The report shall have two sections, the first section will be in a table format with four columns:

i. The first column labeled “FUNCTION” did the device pass or fail.

ii. The second column labeled “DEVICE” list the device number and description in a paragraph/bulleted format and list each device individual in accordance to the VHA Boiler Plant Safety Devices Testing Manual, 3rd Edition. This section must reference the correct Master Specification and Standard Detail for that device.

iii. The third column labeled “DEFICIENCIES-RECOMMENDATIONS”.

iv. The fourth column labeled “CORRECTIVE ACTIONS” list any corrective actions taken during the inspection.

e. Complete list of parts replaced.

f. Comments as to the cause of the malfunction when applicable.

g. Date and time the repair/preventive maintenance was completed.

(f) Competency of contractor personnel: The Contractor must have all necessary specialized tools and testing equipment required to maintain and repair the devices and the accessories covered under this SOW.

(g) Exposure to blood borne or infectious material: There is a potential for exposure to blood borne or other infectious material with equipment throughout the medical centers. All Contractor personnel must use the “Universal Precautions” (i.e. decontamination of medical equipment, wearing protective gloves, aprons, and goggles) during cleaning and maintenance/repair procedures.

(h) Test equipment: The Contractor shall provide the COR or Alt-COR with a copy of the current calibration certification of all test equipment which is to be used by the Contractor in the performance of this contract. Test equipment calibration shall be traceable to a national standard.

(i) Identification, parking, smoking and VA regulations:

a. Contractor’s personnel shall always wear visible identification while on the premises of the VA. Identification shall include, as a minimum, the employee’s name, position, and the contractor’s trade name.

b. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from VA Police Service. VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions.

c. 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 local district, state, or municipal court.

d. Smoking is prohibited inside all VA buildings.

e. 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.

d. DEFINITIONS/ACRONYMS.

1. CO – Contracting Officer, Network Contracting Office (NCO) 15.

2. COR – Contracting Officer’s Representative appointed under the contract.

3. ESR - Engineering Service Report - Documentation provided by the vendor of the services rendered for each incidence of work performance under the terms and conditions of the contract.

4. FSE - Field Service Engineer - A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the AVAHCS premises.

5. OEM – Original Equipment Manufacturer.

6. OSHA – Occupational Safety and Health Administration.

7. PM - Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions.

e. FACILITY SECURITY REQUIREMENTS.

1. Upon arrival at the VA Medical Center all Contractor personnel shall be required to report to the Facilities Management office to sign in before work is begun on the premises of the VA Medical Center. This check-in process is mandatory. When the service is completed the personnel shall be required to check out with Facilities Management.

f. IT SECURITY REQUIREMENTS.

1. Contract Security: The C&A requirements do not apply, and a Security Accreditation Package is not required.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract for Boiler Safety Device Testing at STL VAMC's. This shall be done every 6 months in accordance with a schedule provided by the VAHCS with the exception of safeties which will be tested every six months as outlined in 3.F(1) and 3.H.

Period of Performance: April 1, 2020 to March 31, 2021 Contract Period: Base POP Begin: 04-01-2020 POP End: 03-31-2021

Contract for Boiler Safety Device Testing at STL VAMC's. This shall be done every 6 months in accordance with a schedule provided by the VAHCS with the exception of safeties which will be tested every six months as outlined in 3.F(1) and 3.H.

Period of Performance: April 1, 2021 to March 31, 2022 Contract Period: Option 1 POP Begin: 04-01-2021 POP End: 03-31-2022

Contract for Boiler Safety Device Testing at STL VAMC's. This shall be done every 6 months in accordance with a schedule provided by the VAHCS with the exception of safeties which will be tested every six months as outlined in 3.F(1) and 3.H.

Period of Performance: April 1, 2022 to March 31, 2023 Contract Period: Option 2 POP Begin: 04-01-2022 POP End: 03-31-2023

Contract for Boiler Safety Device Testing at STL VAMC's. This shall be done every 6 months in accordance with a schedule provided by the VAHCS with the exception of safeties which will be tested every six months as outlined in 3.F(1) and 3.H.

Period of Performance: April 1, 2023 to March 31, 2024 Contract Period: Option 3 POP Begin: 04-01-2023 POP End: 03-31-2024

Contract for Boiler Safety Device Testing at STL VAMC's. This shall be done every 6 months in accordance with a schedule provided by the VAHCS with the exception of safeties which will be tested every six months as outlined in 3.F(1) and 3.H.

Period of Performance: April 1, 2024 to March 31, 2025 Contract Period: Option 4 POP Begin: 04-01-2024 POP End: 03-31-2025

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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 ITEMS 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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 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.4 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.5 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-01)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and…