36C25621Q0359_1.docx

36C25621Q0359

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

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

01-15-2021 David Bourgeois

02-12-2021 13:00

CST

Department of Veterans Affairs Southeast Louisiana Veterans HCS 1555 Poydras Street

New Orleans LA 70112

X

Y 238220 $16.5 Million

N/A

Department of Veterans Affairs Southeast Louisiana Veterans HCS 2400 Canal Street

New Orleans LA 70119

Southeast Louisiana Veterans HCS 1555 Poydras Street New Orleans LA 70112

Financial Services Center PO Box 149971 Austin TX 78714 9971

See CONTINUATION Page Non-personal Services; The Contractor shall provide chemical treatment, service, complete preventative maintenance (PM) routine repair service, emergency repair service and on-the-job training for VA owned equipment for the Southeast Louisiana Veterans Health Care System, New Orleans, LA

Questions due NLT Feb 4, 2021 by 13:00 PM via email to David.Bourgeois1@va.gov. No phone calls will be accepted.

Solicitation responses due NLT 12 Feb, 2021 by 13:00 AM

Period of Performance: Base Period: May 1, 2021 to Oct 31, 2021, with three(3) twelve(12) month option periods.

Notice of Total Service Disabled Veteran Owned Small Business Set-Aside applies to all items in this solicitation

All Offerors must be registered and certified as a SDVOSB in Vetbiz at the time of solicitation response and at award.

See CONTINUATION Page

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256

Southeast Louisiana Veterans HCS 1555 Poydras Street

New Orleans LA 70112

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714 9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of

Performance Work Statement Chemical Treatment for Boiler and Chiller Plant Southeast Louisiana Veterans Health Care System New Orleans, LA 01/01/2021 Objective: The overall purpose is to provide chemical treatment, service, complete preventative maintenance (hereafter called PM Service), routine repair service, emergency repair service and on-the-job training for Government owned equipment for the Southeast Louisiana Veterans Health Care System (SLVHCS), New Orleans, LA. PM service is defined/described on page 2 of this Performance Work Statement.

Requirements: Chemical Testing, Preventive Maintenance and Training shall be in accordance with VA Directive 1810 Dated February 2017 for boiler water testing, to include all manufacturer’s requirements, industry standards and statutory requirements. Please refer to Attachment A (VA Directive 1810 Dated February 6, 2017) which accompanies this Performance Work Statement.

Government Owned Equipment: Chemical treatment, service, PM Service, routine repair service, emergency repair service, and on-the-job training shall be done for the equipment listed in the table below and located at 2400 Canal Street, New Orleans, LA.

TABLE 1 – Government Owned Equipment

Period of Performance: The expected base period of performance is May 1, 2021 through October 31st , 2021 with three (3) Twelve (12) Month Option Periods that may or may not be exercised based on the needs of and at the discretion of the government. The actual performance period shall be established at the time of contract award.

Hours of Operation: Services shall be performed during the VA normal business hours, 8:00 a.m. through 4:30 p.m., Monday through Friday, excluding Federal holidays. Any work that needs to take place outside of the scope of normal business hours shall be approved by the Contracting Officer’s Representative (COR) prior to the commencement of work. Federal holidays are available at the Federal Holiday OPM Site.

Scope:

1. Contractor shall provide full chemical treatment and service to include complete preventative maintenance (PM Service), routine repair service, emergency repair service and on-the-job training for the equipment in Table 1.

2. Contractor shall provide all needed equipment, parts, labor, and current software updates (as necessary) to perform service on all equipment in this Performance Work Statement to include personnel, supervision, materials, supplies, training, and all other associated costs required to perform such services.

3. Contractor shall provide all necessary reagent test kits and calibration solutions in order to perform all necessary treatment, service, preventive maintenance, and on-the-job training for all equipment.

4. The Contractor shall provide all staffing and transportation necessary for the delivery and administration of the necessary chemicals for the treatment of the systems noted. The contractor is responsible for bringing the needed chemicals to specific site locations and transferring chemicals to and from the site. The contractor will also be responsible for handling all chemical transfers into all the tanks. Point of feed locations for each system are easily accessible and are not located in remote or hard to access locations to include sensitive areas (i.e. patient care or public areas). Contractors will not have to travel through sensitive areas or interact with patients to reach point of feed locations.

5. The Contractor shall adhere to all regulations as established by the Department of Transportation concerning the transport of chemicals. The Contractor shall also be responsible for all proper disposal of all chemicals as disposal requires. The Contractor shall provide bill of lading for each chemical delivery completed to the VA. VA employees will not sign for chemical deliveries. Therefore, the Contractor must provide someone on site to receive all deliveries. Chemical inventories shall be completed as part of weekly tasks and chemical administration.

Preventive Maintenance (PM Service) – Definition/Description

1. PM Service shall be accomplished weekly and all scheduling shall be coordinated with Contracting Officer Representative (COR). PM service does not involve maintaining the equipment itself. The scope of PM service includes the following:

· Chemical maintenance of the equipment i.e. the point of entry (barrels, chemical tanks) and the subsequent locations of chemicals into the system.

· Water treatment testing on all equipment performed on a weekly basis. The contractor shall collect water samples for testing, inspect, calibrate, and service the water treatment system equipment, as required and in accordance with VA Directive 1810 Dated February 6, 2017, manufacturer, industry, and statutory requirements. The purpose of this testing is to prevent premature equipment failures and to extend equipment life. Services may be performed separate from or in conjunction with other services.

2. PM Service shall consist of a weekly PM site visit by the contractor for all equipment items in this Statement of Work. PM service shall be scheduled with the COR during the VA normal business hours, 8:00 a.m. through 4:30 p.m., Monday through Friday, excluding Federal holidays. Federal holidays are available at the Federal Holiday OPM Site. Any work that needs to take place outside of the scope of normal business hours shall be approved by the Contracting Officer’s Representative (COR) prior to the commencement of work.

This weekly PM site visit shall include PM service for the equipment in Table 1.

When doing weekly PM service contractor shall utilize a PM checklist. This PM checklist shall clearly state the Contractor personnel for all PM visits. This PM checklist shall be prepared during each PM visit and be submitted to the Contracting Officer's Representative (COR) within 7 days after each PM visit.

The weekly PM site visit shall include:

1. Chemical Treatment

2. System Testing Check and Adjustments

a. On site visit, shall be conducted on a weekly basis which shall include an equipment operational review and visual inspections.

b. System checks and adjustments to the make-up and recirculation system shall be made as required.

c. Instrumentation shall be re-calibrated during each visit and changes shall be recorded.

d. System adjustments such as controller and chemical pumps set points shall be made accordingly.

3. On-Site Water Testing

a. Water testing shall be done on a weekly basis and performed on all equipment.

b. Water testing shall consist of the following tests (at a minimum) but is not limited to the following: Total hardness (ppm CaCO3), Chlorides (ppm), Conductivity, pH, Alkalinity, Phosphates, TDS, etc. It is the responsibility of the Contractor to identity and to perform the required chemical treatments for the equipment in this Performance Work Statement. Contractor shall follow all manufacturer’s guidelines with respect to the necessary chemical treatments that are needed for this equipment. As this Performance Work Statement does not establish guidelines or restrictions for discharge (pH, Molybdenum, Chlorine, Phosphate, etc.) contractors shall follow local, state, and federal guidelines concerning this matter.

4. Service Reporting (which includes the following):

a. On site follow up with key observations shall be delivered to operators.

b. Summary report shall be completed and submitted within 7 calendar days.

c. Reports shall include test results, records of adjustments and any system operation recommendations.

d. Contractor shall maintain report archives.

e. Review of operator log for completion, accuracy and errors.

General Requirements:

1. The Contractor shall inform the COR and provide any original equipment manufacturer (OEM) updates that are necessary to perform the required services. OEM updates shall be accomplished during PM visits or emergency repair service calls. The Contractor shall also inform the COR of any optional updates provided by the OEM. The government reserves the right to consider and implement these optional updates if deemed necessary.

2. The Contractor shall be accessible by phone and shall provide a point of contact name and telephone number in the event that emergency services must be performed on the equipment. Accessibility for emergency requests consists of a telephone number where a designated contact person can be reached or a message left for emergency repair requests, 24 hours per day, seven days per week (notification time, as stated in this contract, shall be considered to have been given at the time a message is left, or a call received).

3. Call Back: Call outs will be at the discretion of the Government. Call backs will only occur in the event of an emergency when the government requires your assistance. However, if contacted, the Contractor shall respond to all emergency repair service requests within 2 hours by telephone, from the time of the initial telephone call received by the COR or their approved designee. If the problem cannot be resolved by telephone the Contractor shall make an on-site visit in person within 4 hours after receipt of the verbal request to do so. The Contractor shall bring the proper tools, equipment, and parts as appropriate for the problem described. Should parts not be available immediately, the Contractor shall notify the COR or designee, and obtain these unavailable parts in the most expeditious manner available. Temporary measures shall be implemented by the Contractor in the event the issue cannot be addressed immediately.

4. Upon arrival at the medical center, the Contractor shall check in with Contracting Officer Representative or their approved designee. Contractor shall wear their Identification Badge visibly upon their person, between the height of the waist and shoulders. The Contractor shall return to the Contracting Officer Representative or their approved designee to check out at the completion of the service. Failure to wear the required badge may result in removal from the medical center. Parking at the medical facility is not guaranteed. The Contractor may have to seek parking outside of the government facility (at contractor expense if free parking is not available).

5. Service calls shall be deemed to be ROUTINE by the Government. Routine service calls will be scheduled by the COR, making every effort to arrange this repair service at a time convenient to both the Contractor and the VA.

6. Routine or PM visits shall not be canceled once scheduled (without the prior coordination and approval from the COR).

7. Should the Contractor determine that the damage or needed repair has been caused through the fault or negligence of the VA, the Contractor shall receive the COR or designee concurrence before proceeding. The Contractor shall notify the COR who will notify the Contracting Officer in writing of the repair accomplished outside the scope of the contract and will request a separate purchase order to cover those repair costs.

8. All parts, controllers, pump and fitting or other items required to perform normal, routine services (to include labor) that are $3,500.00 or less are included in this contract. (Routine maintenance is from the chemical tanks to the point of injection into the systems). This $3,500.00 cap is for every 12-month period while the contract is in effect (to include extensions to the contract through the exercise of option years) beginning on the performance period start date of the contract. Parts, labor, and other accessories costing more than $3,500.00 will require approval of the Contracting Officer’s Representative (COR). Any parts replaced under this contract shall be new or equivalent to OEM specifications and are to be warranted against defects in material and workmanship during the term of this contract or 90 days, whichever is longer. Parts replaced shall become the sole property of the Government.

9. Contractor shall provide a service report (which includes both the Contract Number and the Purchase Order Number) each time the Contractor accomplishes routine or emergency repairs. Contractor shall use an approved PM checklist for accomplished PM Service reports for all required PMs.

10. Contractor shall submit to the COR a service log. Contractor shall maintain a service log for each piece of equipment listed in this Performance Work Statement that is to be maintained/serviced. Upon arriving at the equipment site, Contractor personnel shall log in their name and the time of arrival. Prior to departure from the site for the day, Contractor personnel will log out by entering the time of departure and ensuring that all required information is written in the log.

11. Government shall not furnish any supplies, consumables, refinishing (painting) the equipment or furnishing materials, or electrical repairs external to the equipment.

Training:

1. The Contractor shall provide on the job training every six months for all operators (not to exceed 15 students) for all equipment in this Statement of Work. Onsite Training will be conducted in a classroom setting and out in the field by actual trainers. Virtual training is not allowable or acceptable to include the use of a virtual instructor or prerecorded instructor. Approximately eighty percent (80%) of the training will be in a “field style” environment (i.e. in the boiler plant etc.). The other twenty percent (20%) will be in the classroom. Training will be provided on all devices, their function, operation, location and purpose. All training shall occur at 2400 Canal Street, New Orleans, LA 70119. The Contractor shall be responsible for providing all classroom materials necessary in order to successfully render the training the following: teaching materials, samples, projectors, laptops, presentations, sign in sheets, etc. Total training time shall be a minimum of two (2), eight (8) hour days. Prior to the scheduling and commencement of training the proposed training plan (syllabus, planned course of instruction, proposed classes etc.) shall be approved by the COR.

Personnel Staffing Requirements:

The government cannot anticipate an exact number of staff that are needed to successfully complete the tasks/requirements in this Performance Work Statement. However, for the performance period of the contract (to include the option year periods if exercised) the contractor shall provide the minimum staffing levels that are listed below. While it is the responsibility of the contractor to provide an adequate level of qualified staff to meet (or exceed) mission requirements contractors shall provide the minimum staff that are listed below during the performance period of the contract.

· At least 1 Project Manager (PM). See Note 1 and Note 2

· At least 1 Operations Manager (OM) See Note 1 and Note 2

· At least 1 Technician

*Note 1: The Project Manager can also be the Operations Manager (and serve a dual role) if the Project Manager is actively engaged in and is performing/completing operations related tasks and deliverables to include meeting the definition of an Operations Manager as defined herein. In turn, the Operations Manager (OM) can also be the Project Manager (and serve a dual role) if he/she is managing/overseeing the project.

*Note 2: Project Managers and Operations Managers must have the minimum number of years of experience as annotated in the Contractor Staff/Personnel Qualifications section of this Performance Work Statement. A Project Manager cannot serve as an Operations Manager if he/she lacks the minimum years of experience required for this role.

For this specific requirement, the roles/responsibilities of the Project Manager, Operations Manager, and Technician are defined/described below.

Definition/Description:

Project Manager (PM): the person in overall charge of the planning and execution of a project.

(A project manager is typically a senior manager who is not involved in the daily operations of a project but ensures that the operations of a project are functioning effectively and that tasks/deliverables are being completed. A project manager is usually the supervisor of an operations manager. The project manager is ultimately responsible/accountable for the completion of operational tasks/deliverables for a project. (In some cases, the project manager is also the operations manager who (as the PM/OM) manages the entire spectrum of a project ensuring that everything gets done).

Operations Manager (OM): a person who manages the operations of a project. An operations manager is sometimes referred to as a “floor manager.” An operations manager is the “boots on the ground,” “personnel on the flight line,” and the “hands on deck” supervisor of the technicians that are performing the work. In most cases the operations manager is working right alongside the technicians who are performing/completing operational tasks/deliverables for a project.

Technician: staff/personnel who perform/complete the operational tasks/deliverable for a project. Technicians are the “worker bees” for a project and usually do not serve in a supervisory capacity. Technicians are the “boots on the ground,” “personnel on the flight line,” and the “hands on deck” who are doing the work for a project.

Contractor Staff/Personnel Qualifications:

1. (Prime) contractors and subcontractors shall possess the necessary capabilities, qualifications, and experience necessary to execute the specific tasks in this Performance Work Statement. No unqualified individuals shall perform maintenance and/or repair service for the equipment listed in this Performance Work Statement at any time during the performance period. Contractors and subcontractors shall have the minimum qualifications as listed below (i.e. core competencies) for the staff/personnel that are provided.

Project Manager (PM):

· Minimum of five (5) years’ experience on the equipment to be maintained (as specified in this Statement of Work) to include original equipment manufacturer and other related devices. If the Project Manager (PM) is also serving as the Operations Manager (OM) (dual role) then he/she shall have the additional experience required for an Operations Manager.

Operations Manager (OM) and Technician:

· Minimum of ten (10) years’ experience on the equipment to be maintained (as specified in this Statement of Work) to include original equipment manufacturer and other related devices).

· Minimum of seven (7) years’ experience performing water testing and chemical treatment on chiller and boiler systems.

The government cannot afford to take any risks during execution of services and therefore must ensure that only qualified personnel are performing these services. Therefore, personnel must have the minimum experience as annotated in this section. While the government cannot prevent unqualified personnel from helping other staff members, personnel not possessing the minimum qualifications are not allowed to be performing maintenance/repair on the equipment. If the prime contractor is partnering with another subcontractor to provide services, the subcontractor will be required to possess the same qualifications as the prime contractor. Prime contractors are responsible for the actions/inactions of their subcontractor for this requirement.

2. Contractor shall provide personnel/technicians that have successfully completed service and training from the manufacturer or a manufacturer accredited school that resulted in the core competencies mentioned above.

3. All personnel who will be performing services on the required equipment shall demonstrate that they have the necessary capabilities, qualifications, and minimum required experience by providing the appropriate credentialing documents. Resumes shall be provided for each personnel/staff member that will be performing work and/or who will be managing personnel, the services being conducted, and/or the progress of this requirement in a direct or indirect capacity. The submittal of resumes is required for both prime contractor and subcontracting personnel/staff. Other documents may be provided by the contractor/subcontractor as needed (or if appropriate) if such documents adequately describe the qualifications, experience, skills, and technical capabilities of those personnel. To be relevant, the qualifications, experience, skills, and technical capabilities described/listed must be specific and must mirror the current requirement (Chemical Maintenance and Treatment of Boilers and Chillers that is described herein). To be valid, qualifications, experience, skills, and technical capabilities of personnel must be verifiable through a cross check of the credentialing documents that are required/submitted. The minimum required experience of contractor personnel who will be performing services on equipment shall be verified by the COR prior to the commencement of these services by these personnel. The contractor will notify the COR if there are substitutions or replacement of these personnel so that additional and/or follow up verifications can be done.

4. Contractor’s shall familiarize themselves with Addendum A: Hazardous Material Identification and Material Safety Data as listed below for this requirement.

5. Contractor’s shall familiarize themselves with Addendum B: Personnel Protective Equipment (PPE) guidelines as listed below for this requirement.

Use of Subcontractors:

The government does not encourage or discourage the use of subcontractors by prime contractors (and affirms a neutral position on this matter for this requirement only). The government is only concerned with the successful completion of the tasks/deliverables/requirements that are described herein. However, prime contractors and subcontractors are expected to adhere to the guidelines and limitations regarding subcontracting as stipulated in the solicitation for this requirement. Subcontractors that are to be utilized for this requirement shall be identified by the prime contractor and subcontracting personnel must meet the minimum qualification standards as described herein.

Additional Information All boilers are the same size.

The existing chemical boiler feed system will be used for the Cleaver Brooks Fire Tube Boilers (4).

The chiller tanks belong to the facility.

The system volume for the heating water loop is estimated to be 1500 gallons per building.

Rainwater is the primary source for the twelve (12) Cooling Towers and six (6) Trane Chillers. City water is the backup. The estimated percentages of rainwater or city water that is needed cannot be determined because the amount of rainfall cannot be predicted.

Legionella testing is required-Four (4) tests per year, on 3 cooling towers (4 cell per tower), to be conducted once every quarter. In the event that legionella tests come back as positive the government has a local policy that will be followed. (Additional testing will be required if the cooling tower tests positive).

The cooling towers does involve tower cleanings, once (1) per year.

RO unit will have two (2) filters changes per year.

Carbon Filter will have one (1) change out per this contract.

General Information Contract Type: A firm, fixed price contract is contemplated for this requirement. When solicited a contractor’s total offer price must cover/include all expected costs for this requirement described herein to include expected/anticipated expenses for call backs. Contractors shall refer to the solicitation for this requirement for all matters related to pricing/cost.

Invoicing and Payments: Invoicing will be done monthly after successful completion and required certification of completion of services for that month. Contractors are encouraged to submit their invoices monthly after they have successfully completed all required services for that month to get reimbursed for the services rendered. Specific invoicing instructions will be provided to the successful awardee upon award of contract.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall provide weekly site chemical treatment and service to include preventative maintenance (hereafter called PM service), routine and emergency service for Government owned; four (4) Cleaver Brook Fire Tubes Boilers, six (6) Trane Chillers, 1 Chill Water loop, 1 Domestic Water Loop, eight (8) Heating Water Loop, Twelve (12) Cooling Tower,one (1) Reverse Osmosis Unit, one (1) Softener Unit, and one (1) Carbon Filter located at VA Medical Centers in New Orleans.

Contract Period: Base POP Begin: 05-01-2021 POP End: 10-31-2021

Contractor shall provide weekly site chemical treatment and service to include preventative maintenance (hereafter called PM service), routine and emergency service for Government owned; four (4) Cleaver Brook Fire Tubes Boilers, six (6) Trane Chillers, 1 Chill Water loop, 1 Domestic Water Loop, eight (8) Heating Water Loop, Twelve (12) Cooling Tower,one (1) Reverse Osmosis Unit, one (1) Softener Unit, and one (1) Carbon Filter located at VA Medical Centers in New Orleans.

Contract Period: Option 1 POP Begin: 11-01-2021 POP End: 10-31-2022

Contractor shall provide weekly site chemical treatment and service to include preventative maintenance (hereafter called PM service), routine and emergency service for Government owned; four (4) Cleaver Brook Fire Tubes Boilers, six (6) Trane Chillers, 1 Chill Water loop, 1 Domestic Water Loop, eight (8) Heating Water Loop, Twelve (12) Cooling Tower,one (1) Reverse Osmosis Unit, one (1) Softener Unit, and one (1) Carbon Filter located at VA Medical Centers in New Orleans.

Contract Period: Option 2 POP Begin: 11-01-2022 POP End: 10-31-2023

Contractor shall provide weekly site chemical treatment and service to include preventative maintenance (hereafter called PM service), routine and emergency service for Government owned; four (4) Cleaver Brook Fire Tubes Boilers, six (6) Trane Chillers, 1 Chill Water loop, 1 Domestic Water Loop, eight (8) Heating Water Loop, Twelve (12) Cooling Tower,one (1) Reverse Osmosis Unit, one (1) Softener Unit, and one (1) Carbon Filter located at VA Medical Centers in New Orleans.

Contract Period: Option 3 POP Begin: 11-01-2023 POP End: 10-31-2024

B.3 DELIVERY SCHEDULE

Southeast Louisiana Veterans HCS 2400 Canal Street New Orleans, LA 70119 United States

6.00

Office (504) 507-7016 tony.clark@va.gov

Southeast Louisiana Veterans HCS 2400 Canal Street New Orleans, LA 70119

12.00

Southeast Louisiana Veterans HCS 2400 Canal Street New Orleans, LA 70119

12.00

Southeast Louisiana Veterans HCS 2400 Canal Street New Orleans, LA 70119

12.00

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 52.217-8 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 60 days from end of the current base/option period.

(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 60 days from end of the current base/option period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.