36C25621Q0433_1 Boiler RFQ.docx

36C25621Q0433

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

629-21-2-690-0044

03-04-2021 Tiffany Conner 318-990-4064 04-12-2021 10:00am

CDT

Department of Veterans Affairs Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101

X

Y 811310 $8 Million

N/A

Southeast Louisiana Veterans’ Health Care System 2400 Canal St.

New Orleans LA 70119

Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101

Financial Services Center PO Box 149971 Austin TX 78714 9971

See CONTINUATION Page The Contractor shall provide full-service preventative maintenance (PM) routine repair service, emergency repair service for water tube boiler with on the-job training for VA owned equipment for the Southeast Louisiana Veterans’ Health Care System, New Orleans, LA

Questions due NLT March 25, 2021 by 2:00 PM CST via email to tiffany.conner@va.gov. NO PHONE calls will be accepted.

Solicitation responses due NLT April 12, 2021 @ 10:00 AM CST

Period of Performance: Base Period: July 29, 2021 to July 28, 2022, with four (4) twelve (12) month option periods

Notice of Total SDVOSB Set-Aside applies to all items in this solicitation. All Offerors must be registered/certified as a SDVOSB in Vetbiz at the time of solicitation response and at award.

A site visit will be conducted on March 15th @ 11am CST

See CONTINUATION Page x

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

Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101

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:

36C25621Q0433

Page 1 of Page 1 of Boiler Plant Preventive Maintenances Performance Work Statement Objective: The Southeast Veterans Health Care System in New Orleans, LA intends to award a contract to the contractor possessing the capability to provide complete preventative maintenance (hereafter called PM service), routine, emergency repair service and on the job training for Government owned Boilers.

Boiler Plant Preventive Maintenance and Training shall be in accordance with VA Directive 062 Dated October 2008, VHA Boiler Plant Safety Device Testing Manual, NFPA 85A recommendations including on each boiler, all the manufacturers requirements, industry standards and statutory requirements.

Government Owned Equipment:5 Fire Eye Burner Management Hawk 4000 Boiler Room Control Siemen Control Devices Clever Brooks Burners Reverse Osmosis Unit

Period of Performance: July 29, 2021 to July 28, 2022 plus three (3) Twelve (12) Month Option Periods at the discretion of the government.

Hours of Operation: Services shall be performed during the VA normal business hours, 7:30 a.m. through 4:30 p.m., Monday through Friday, excluding Federal holidays any scheduled work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO). VA follows all Federal holidays that are set by law (USC Title 5 Section 6103).

General Requirements:

1. Contractor shall provide full service/maintenance to include preventative maintenance (hereafter called PM service), routine and emergency repair service for Government owned Boilers No. 1 (Clever Brooks Firetube), No. 2 (Clever Brooks Firetube), 3 (Clever Brooks Firetube) and No. 4 (Clever Brooks Firetube), No. 5 (Laars watertube) and one 1 Reverse Osmosis unit located at VA Medical Centers in New Orleans. Service shall include all parts, labor, software updates, personnel, supervision, materials, supplies, and training. and all other associated costs. PM's shall be accomplished Quarterly, on days coordinated with Contracting Officer Representative (COR). Contractor shall inspect, test, calibrate and service the equipment, as required in accordance with VA Directive 1810 dated February 6 2017, manufacturer, industry, and statutory requirements, in order to prevent premature equipment failures and to extend equipment life. Services may be performed separate from or in conjunction with other services.

2. The RO unit is 35 gpm Water Purification Operating System. The RO unit shall be check and PM every quarter. There will be at least two set of filters changes per contract year.

3. Contractor shall provide one steam quality check for SPS once (1) per contract year. The purpose of this steam quality test is a test that measure the physical aspects of steam for sterilization. The test physical aspects include temperature (superheat), dryness (Iiquid water content) and non-condensable gas content.

4. Contractors shall possess the capability and personnel experience requirement of ten (10) years to perform services for all government owned equipment, to include original equipment manufacturer on the Fire Eye Burner Management, Siemen Control System and Hawk Boiler Room Control and other related devices.

5. Contractor shall provide a proposed PM checklist with the submitted proposal. PM checklist shall clearly state the Contractor personnel for all PM visits. Upon award PM checklist shall be prepared and sent to the Contracting Officer's Representative (COR) after each PM is completed by the contractor.

6. PM service shall be scheduled with the COR during normal business hours. Normal hours of operation at VA are Monday through Friday, 7:00 AM to 4:30 PM excluding Federal Holidays. Excluding Government holidays, any scheduled work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO). VA follows all Federal holidays that are set by law (USC Title 5 Section 6103).

7. The Contractor shall inform the COR and provide any original equipment manufacturer (OEM) updates and to incorporate updates which are required by the OEM to ensure performance to current product specifications. OEM updates shall be accomplished during PM visits. The contractor shall inform the COR of any optional updates provided by the OEM, and offer to provide these to the Government. The price for the update will be negotiated at the time of offer by the Contracting Officer.

8. The Contractor shall provide on the job training every six month on all Boiler Safety Devices on each boiler, DA Tank, Condensate Tank and Plant Devices IAW BEI Boiler Safety testing manual Third Edition. Training will be conducted in a classroom setting and out in the field. Eighty percent of the training will be in the field and twenty percent is classroom. Training will be provided on all devices, function, location and purpose.

9. The contractor shall provide with their proposal a telephone number where they 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):

CONTACT PERSON (Required) TELEPHONE NUMBER: _

Contractors shall respond to all emergency repair service requests within 2 hours by telephone (REQUIRED), from the time of the initial telephone call received by the Contracting Officer Representative or their designee. If the problem cannot be resolved by telephone the contractor shall make an on-site visit in person within 4 hours of the verbal request to do so (REQUIRED).

10. Upon arrival at the medical center, the contractor shall check in with Contracting Officer Representative or their 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 designee to check out at the completion of the service. Failure to wear the required badge may result in removal from the medical center.

11. Service calls shall be deemed to be ROUTINE by the Government, the service call 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.

12. 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 their designee. If the problem cannot be resolved by telephone the contractor shall make an on-site visit in person within 4 hours 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.

13. Routine or PM visits shall not be canceled once scheduled without the prior coordination with the COR.

14. 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.

15. All parts, filters or items required to maintain Boilers in operations $500 dollars or less are included in this contract. Part costing more than $500.00 will require approval of the Contracting Officer's Representative. 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.

16. Contractor shall provide a service report, which includes both the Contract Number and the Purchase Oder Number each time the Contractor accomplishes routine or emergency repairs. Contractor shall use the approved PM checklist for accomplished PM service reports for all required PMs. Failure to submit service report shall result in a delay in payment.

17. Contractor shall submit to the COR a service log (see example Attachment A). Contractor shall maintain a service log for each piece of equipment listed for the facility Boiler equipment list. 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.

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

DELIVERIES OR PERFORMANCE:

1. Contractor shall provide personnel/technicians that have successfully completed service and training from the manufacturer or a manufacturer accredited school and shall have acquired a minimum of ten (10) years' experience on the equipment to be maintained. A list of contractor personnel and proof (Certificate of Training) of this accomplished training shall be provided to the COR and Contracting Officer upon request prior to award of a contract, and upon change in contractor personnel during the course of the awarded contract. This documentation shall be provided and approved prior to the performance of any maintenance and/or repairs under this contract by contractor personnel.

2. No unqualified individual shall be allowed to perform maintenance and/or repair of any equipment under this contract.

INVOICING/PAYMENTS:

All invoices shall be submitted in arrears, properly prepared in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered.

a. Monthly Invoices:

Invoices for fixed monthly fee shall be properly prepared and sent via OB10. Contractor shall register and submit invoices electronically via OB10. The website address for registering: WWW.OB IO.COM .

Notes: On the right side of the screen, click on the (orange button that reads, REGISTER NOW) THE PROMO CODE SO VENDOR DOESN'T GET CHARGED FOR INVOICES: VAPC7Y18 THE VA's BUYER ID NUMBER: AAA544240062.

Help Desk Number: 1-800-353-9791 or email: vafsccshd@va.gov More information on OBlO invoicing is located http://www.obIO.com/us/en/vete rans-affa irs/. These invoices shall be sent in arrears at the beginning of each month following the month in which the services were rendered and billed for. At a minimum, all invoices shall include the following details:

Description of the services rendered Billing period in which the services were rendered Correct purchase order number which will be issued by the Contracting Officer after the contract is awarded. Invoices without correct purchase order number shall be rejected and returned to the Contractor.

Invoice number and date

Payments shall be made in accordance with the prompt payment act out of the Government annual appropriated funds obligated in a purchase order which will be issued after the contract is awarded. All invoices shall include all applicable required Service reports (see #13 above).

SPECIAL CONTRACT REQUIREMENTS

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

A. DEFINITION "Hazardous material" is defined in Federal Standard No. 313B. (Federal Standards are sold to the public through: General Services Administration (3FFN), Room 6622, 7th & D Sts., S.W., Washington, D.C. 20407).

B. GENERAL

I. The Occupational Safety and Health Administration (OSHA) are responsible for issuing and administering regulations that require Government activities to apprise their employees of:

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a. All hazards to which they may be exposed;

b. Relative symptoms and appropriate emergency treatment; and

c. Proper conditions and precautions for safe use and exposure.

II. Contractors and their subcontractors of any tier are required to submit hazardous material data for all hazardous materials that they bring on site or have delivered to the medical center. Federal Standard No. 313B (Materiel Safety Data Sheets, Preparation and the Submission of) includes criteria for identification of hazardous materials. The Standard also prescribes Department of Labor Form OSHA-20 for use with Government contracts.

III. Contractors shall submit hazardous material identification on the following:

a. All items in, or ordinarily catalogued under, the Federal Supply Classes listed in Table 1 of Appendix A of Federal Standard No. 313B.

b. Items having hazardous characteristics in the Federal Supply Classes listed in Table II of Appendix A of Federal Standard No. 313B.

c. Any other material designated by a Government technical representative as potentially hazardous and requiring safety controls.

COMPLIANCE FAILURE: Failure to comply with the above requirements in this section, could be cause for termination in accordance with Default clause listed within the contract.

PERSONAL PROTECTIVE EQUIPMENT (PPE)

Contractors, there employee's and subcontractors of any tier are required to wear personal protective equipment (PPE) in accordance with OSHA Act, 1971 and other Federal, State and Local regulations. Personnel observed in violation of these regulations may be subject to removal from the medical center. The Government assumes no responsibility for injury of contract personnel or subcontractors of any tier if the injury is a direct result of noncompliance or disregard for these regulations.

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ATTACHMENT A STATEMENT OF WORK

1) The contractor shall perform Quarterly preventive maintenance on Boilers No. 1 (Clever Brooks Fire Tube), No. 2 (Clever Brooks Fire Tube), No. 3 (Clever Brooks Fire Tube) and No. 4 (Clever Brooks Water Tube) equipment listed in Attachment B of this document. This maintenance shall be in accordance with VA Directive 1810 dated February 6, 2017- VHA Boiler Plant Safety Device Testing Manual, NFPA 85A recommendations including on each boiler, all of the manufacturers requirements, industry standards and statutory requirements.

2) Schematics and specific documentation regarding the contracted equipment shall be maintained on-site at the equipment location. Maintenance site logs with a complete service history, PM checklists and related documentation will be located with the equipment.

3) Maintenance will include all parts, labor and tools required to service the equipment or restore it to original condition. All materials and parts are to be new and original manufacturer replacement parts or equivalent.

4) On site visits will be conducted once a month by a qualified Maintenance personal that is knowledgeable of Boilers testing and equipment.

5) The following Maintenance will be performed quarterly:

Test shall be conducted Quarterly IAW VA Directive 1810 dated February 6, 2017 Required Inspections and Operational Tests

a. Key to Frequency Abbreviations

(1) Q = Once every 3 months.

(2) Q6 = Once every 6 months.

(3) Y = Once per year.

(4) 2Y = Once every 2 years.

(5) 6Y = Once every 6 years.

b. Frequency Chart Item

(1) High pressure boilers (above 15 psig): Inspect furnace and other internal surfaces, closures and accessories.

(4) All boiler fouling and combustion gas flow check.

(5) Tube leak check.

Frequency

Q Q y Q Q

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NOTE: The items preceding ( 1) through (5) must be accomplished by a Qualified Professional Inspector. The following items (6)) through (13)) must be accomplished by a qualified individual as determined by the medical center's management. Such a determination must be carefully made for each item and each individual.

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Item Frequency

(6) Low pressure boilers (15 psig and below): inspect interior

(12) Operational Testing of Boiler Safety Devices, such as:

G) Steam safety valves (raise boiler pressure until

(pp) Interlock of building outside air damper with burner control Q

(qq) Calibrate all sensors, gauges, water level probes, steam meters, gas meters and Q Transmitters.

NOTE: The preceding safety devices are essential for ensuring the safest possible operation. Any boilers not so equipped must be immediately programmed for retrofit, with priority given to providing two low water cutoffs per boiler and two fuel safety shut off valves per fuel per boiler.

(13) Boiler Plant Safety and Operational Duties

(a) Check furnace pressure

(b) Check combustion gas leaks into boiler room

(c) Clean waterside of boilers

(d) Clean fireside and repair refractory

(e) Operation of deaerator high and low water alarms

(f) Operation of deaerator steam pressure or temperature control

(g) Operation of condensate storage tank high and low water alarms

(h) Operation of all other alarm devices

Q Q

6MON

6MON

Q

Q

Q Q

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(14) Set up proper fuel/air ratio at minimum fire and at established increments from minimum fire,50% and 100% firing rate and back to minimum fire to obtain smooth, efficient transition from one firing rate to another. Adjustment will be made as required to obtain proper boiler output (steam production), desired excess air and acceptable flame patterns and confines.

(15) Test and calibrate all temperature indicators steam flow transmitters and recorders, feedwater flow, temperature and pressure transmitters and recorders, boiler temperature and pressure gauges, flue gas recorders, square root extractors, 02 analyzer and recorders, Boiler Master and submaster control and transmitters, boiler drum level controls and transmitters, gas pressure transmitter and receiver gauge, fuel oil pressure transmitter and receiver gauge and draft actuator and control, one steam flow transmitter and totalizer in Bldg. , Pan Am, IP, OP, TL, Research, CEP and boiler, Da tank, PRV safety valves semiannually, as scheduled by Boiler Plant Foreman. Calibration data sheets will be completed for each instrument and a copy of each will be provided with the service report.

CONTRACTORS MUST PROVIDE A QUALITY CONTROL PLAN

The Contractor shall, submit a quality control plan that details how the Contractor will ensure all requirements of the contract will be fulfilled. The plan shall include but not be limited to all elements of the quality control program described in the technical quote that the contractor submitted in response to the Government's solicitation for this contract.

Maintenance for LAAR Water Tube Boiler. Follow manufactures’ maintenance annual procedures on pages 33-35.

7.A System Maintenance

1. Lubricate the system water-circulating pump, if required, per the instructions on the pump.

2. If a strainer is employed in a pressure reducing valve or the piping, clean it every six months.

3. Inspect the venting system for obstruction or leakage at least once a year. Periodically clean the screens in the vent terminal and combustion air terminal (when used).

4. Keep the appliance area clear and free from combustible materials, gasoline, and other flammable vapors and liquids.

5. If the appliance is not going to be used for extended periods in locations where freezing normally occurs, it should be isolated from the system and completely drained of all water. All systems connected to it should also be drained or protected from freezing.

6. Low water cutoffs, when installed on a residential hot water heating system, the probe should be removed and cleaned every five years. When installed on a commercial application, the probe should be removed and cleaned annually.

7. The Pressure Relief Valve should be inspected and tested every year.

8. Inspect flue passages, and clean with brushes/ vacuums, if necessary. Sooting in flue passages indicates improper combustion. Determine the cause and correct.

9. Inspect the vent system and air intake system, and if the vent system is Category III, ensure that all joints are sealed properly. If joints need to be resealed, follow venting manufacturer's instructions to clean and reseal vent system.

7.B Appliance Maintenance and Component Description Only genuine Laars replacement parts should be used.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall provide full service/maintenance to include preventative maintenance (hereafter caled PM service).routine and emergency repair service for four Government owned Clever Brooks Fire Tube and 1 LAAR Water Tube Boiler. See statement of work for details.

Contract Period: Base POP Begin: 07-29-2021 POP End: 07-28-2022

This scope of work provides training, and Consultant. The Constractor shall provide on the job training every six month on all Boiler Safety Devices on each boiler, DA Tank, Condensate Tank and Plant Devices.

Contract Period: Base POP Begin: 07-29-2021 POP End: 07-28-2022

Contractor shall provide full service/maintenance to include preventative maintenance (hereafter caled PM service).routine and emergency repair service for four Government owned Clever Brooks Fire Tube and 1 LAAR Water Tube Boiler. See statement of work for details.

Contract Period: Option 1 POP Begin: 07-29-2022 POP End: 07-28-2023

This scope of work provides training, and Consultant. The Constractor shall provide on the job training every six month on all Boiler Safety Devices on each boiler, DA Tank, Condensate Tank and Plant Devices.

Contract Period: Option 1 POP Begin: 07-29-2022 POP End: 07-28-2023

Contractor shall provide full service/maintenance to include preventative maintenance (hereafter caled PM service).routine and emergency repair service for four Government owned Clever Brooks Fire Tube and 1 LAAR Water Tube Boiler. See statement of work for details.

Contract Period: Option 2 POP Begin: 07-29-2023 POP End: 07-28-2024

This scope of work provides training, and Consultant. The Constractor shall provide on the job training every six month on all Boiler Safety Devices on each boiler, DA Tank, Condensate Tank and Plant Devices.

Contract Period: Option 2 POP Begin: 07-29-2023 POP End: 07-28-2024

Contractor shall provide full service/maintenance to include preventative maintenance (hereafter caled PM service).routine and emergency repair service for four Government owned Clever Brooks Fire Tube and 1 LAAR Water Tube Boiler. See statement of work for details.

Contract Period: Option 3 POP Begin: 07-29-2024 POP End: 07-28-2025

This scope of work provides training, and Consultant. The Constractor shall provide on the job training every six month on all Boiler Safety Devices on each boiler, DA Tank, Condensate Tank and Plant Devices.

POP Begin: 07-29-2024 POP End: 07-28-2025

Contractor shall provide full service/maintenance to include preventative maintenance (hereafter caled PM service).routine and emergency repair service for four Government owned Clever Brooks Fire Tube and 1 LAAR Water Tube Boiler. See statement of work for details.

Contract Period: Option 4 POP Begin: 07-29-2025 POP End: 07-28-2026

This scope of work provides training, and Consultant. The Constractor shall provide on the job training every six month on all Boiler Safety Devices on each boiler, DA Tank, Condensate Tank and Plant Devices.

POP Begin: 07-29-2025 POP End: 07-28-2026

B.3 DELIVERY SCHEDULE

2400 Canal ST New Orleans, LA 70119 6535

USA

12.00

tony.clark@va.gov

2.00

12.00

2.00

12.00

2.00

12.00

2.00

12.00

2.00

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. 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 four (4) years.

(End of Clause) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73,…