36C25624Q1019.docx

36C25624Q1019

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26.

TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

520-25-1-543-0002 36C25624Q1019 07-08-2024 Danette Rene' Impey 228-523-4747 07-19-2024 10:00 am

CDT

Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531 X X 238220 $19 Million N/A X Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531 Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically

1-877-489-6135 See CONTINUATION Page Non-personal services. Contractor to provide annual and semi-annual boiler preventive maintenance services, emergency response, and inspections of the boilers at the Gulf Coast Veterans Health Care System, Biloxi, MS, in accordance with the Scope of Work and terms listed herein.

Base period: 10/01/2024 through 09/30/2025, with four (4) each 12-month option periods.

All questions are due NLT July 12, 2024, 10:00 a.m. CT via email to rene.impey@va.gov.

All responses are due NLT July 19, 2024, 12:00 p.m. CT, via email to rene.impey@va.gov.

***Please pay close attention to Section E.1 Instructions to Offerors and Section D.

Attachments.* See CONTINUATION Page X X X Danette Rene' Impey Contracting Officer 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 Danette Impey; rene.impey@va.gov Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531

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.

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

B.2 SCOPE OF WORK

ANNUAL AND SEMI-ANNUAL BOILER PREVENTATIVE MAINTENANCE

GULF COAST VETERANS HEALTH CARE SYSTEM

1 General

1.1 This is a non-personnel services order to provide annual and semi-annual maintenance, emergency response, and inspection of Boilers at the Gulf Coast Veterans Health Care Center (GCVHCS), 400 Veterans Avenue, Biloxi MS 39531. The Government shall not exercise any supervision or control over the service providers providing the services described herein. Requirement to perform annual performance maintenance as per I & O manual for boilers listed. All work is to be completed within thirty (30) calendar days after “Notice to Proceed” is received.

1.2 Description of Services/Scope of Work: Contractor will provide all necessary labor, transportation, equipment, training, personal protective equipment, facilities, supervision, other items, and non-personal services required to provide the boiler maintenance services as described in this Scope of Work to include inspection and testing as required in the VHA Directive 1810 BOILER AND BOILER PLANT OPERATIONS 2023-01-04, as applicable. Steam boiler requirements in this document are not required. Include Semi-Annual and Annual testing per VHA Directive 1810. In the event of boiler replacement (one for one) or addition (up to three), the testing and PM will apply to any new boilers. List of boilers included for preventative maintenance and testing:

1.3 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information, and property provided to Contractor personnel while performing the services described herein.

1.4 Period of Performance: The period of performance shall be a base plus up to four option years.

1.5 Type of Contract:

The government will award a firm-fixed-priced contract.

1.6 Contracting Officer Representative (COR): The COR will be identified by a separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. A letter of designation issued to the COR, a copy of which will be provided to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.7 Contract Administration: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that will affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. All changes to the contract will be issued via an amendment and/or modifications in writing from the Contracting Officer to the Contractor.

1.8 Invoices: Invoices are to be submitted electronically monthly, in arrears, of the start of the services that were performed. Electronic invoices can be submitted at no additional cost at the VA FSC Internet website: http://www.fsc.va.gov/einvoice.asp, or at Tungsten Network website: http://www.tungsten-network.com/US/en/veterans-affairs/. The COR is responsible for acceptance of services and/or the processing of receiving reports for the services provided to the government.

1.9 Work Stoppage/Delays: The Contracting Officer shall be notified at the earliest time available, but no later than the next business day, via phone of the Contractor's knowledge of any conditions which may adversely affect the Contractor's ability to perform under the terms and conditions as stated in the specifications of this requirement. For example, union strikes, vehicle problems, licenses, or anything that might jeopardize the terms and conditions of this contract should be reported to the Contracting Officer.

2 TASK SPECIFICATIONS

2.1 Description of Work: Contractor shall provide qualified maintenance inspectors, labor, technicians, equipment, tools, materials, parts, supplies, transportation, supervision, any other items, and non-personal services deemed necessary to perform annual and quarterly preventative maintenance inspections and services for boiler listed. In accordance with BEI testing procedures, upon completion of annual or quarterly testing, the BEI paperwork will be supplied to the COR for each boiler tested / maintained. The contractor will furnish all Factory Original Equipment Manufacturer (OEM) repair parts and service to remove and install parts, up to $25,000 cumulative per fiscal year for general upkeep of boilers. The Contractor shall be familiar with all terms, conditions, and requirements herein contained with warranty items and conditions.

2.2 Service Requirements: The Contractor shall be responsible for supplying the personnel for the installation of all customer supplied parts, transportation to the job site locations, materials, tools, and labor to provide Annual and Quarterly Preventive Maintenance and emergency service. Contractor will install all control parts for boiler plants. All testing is to be accomplished in accordance with the Safety Device Test Manual - 7th Edition, January 2023. All testing must be documented in a fashion acceptable to the VA. All used parts are to be turned over the GCVHCS for disposition evaluation. The Contractor shall have in good standing a Certificate of Authorization and “R” symbol stamp from the National Board of Boiler and Pressure Vessel Inspectors for the repair and/or alteration of boilers, pressure vessels, and other pressure-retaining items.

2.3 General Services Information:

2.3.1 VA Hours of operation, normal working hours: Monday through Friday, 8:00 a.m. to 4:30 p.m. After Hours: times may vary and must be scheduled with COR.

2.3.2 Contractor shall provide repair service calls for emergency corrective maintenance 24 hours a day, 7 days per week. For non-scheduled services, corrective maintenance will be initiated by the GCVHCS by telephone to the Contractor’s service center, which must be acknowledged within 4 hours. A fully qualified service technician must be on site within 14 hours of acknowledgment of the service call. A fully qualified technician means that the service tech can show evidence of the successful completion of an acceptable training program on the equipment in question. Equipment shall be restored to full service within 48 hours of arriving on the job site, barring extenuating circumstances. Full service means that defective parts have been replaced with parts that meet or exceed manufacturer's original specifications, meets government’s expectations and that the equipment meets or exceeds the manufacturer's original performance specifications.

2.4 Annual Tube Cleaning Requirements: Annual air operated turbine style tube cleaning on each boiler at the GCVHCS Biloxi location, and tube brushed cleanings location on a rotating basis, so that tubes are cleaned on each boiler annually.

2.5 Control system. The vendor will be required to be fully capable in the operations of the following boiler control systems. Auto-flame mk8, fire eye controls system, Nexus, etc.

3 Technician Qualifications:

3.1 Technicians shall have completed at least a one-year trade school, have five years’ successful experience in this field, and an OSHA 10 Certificate. The experience shall be largely with institutional and industrial boiler plants similar to Biloxi Boilers. Technicians shall have a work history of at least 5 years working on installation and cleaning of condensing, fire tube/ water tube boilers. Contractor shall hold a current Mechanical Contractors License and Professional Engineers License; and be familiar with Florida requirements. The GCVHCS facility manager/engineer may define and accept equivalent qualifications.

3.1.1 NFPA 85, Boiler and Combustion Systems Hazards Code. 2023 Edition

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

3.2 Technicians shall be equipped with portable electronic flue gas analyzers and other test instruments necessary for the required tests and calibrations, all calibrated within one month of the site visits. Calibration reports shall be provided to the COR prior to the start of work each year. Contractor who performs annual cleaning shall in no way be associated with contractor who performs the annual certification of the boilers and safety devices. Contractors are to be completely independent and shall not share a prime contractor.

4 POINT OF CONTACT (POC).

4.1 The Contractor shall provide a primary Point of Contact who shall be responsible for the delivery and performance of the work. The name of this person, and any alternate(s), to include duty hours and telephone numbers, shall have full authority to act on behalf of the Contractor's firm for the specific order (call) and shall be identified prior to performance.

4.2 The Contractor will notify the COR upon entering and exiting the boiler plant.

4.3 Contractor personnel shall wear a badge, issued by Biloxi VA Police, clearly displayed at all times while working at Biloxi VA. Protective clothing, footwear and other items shall be in compliance with OSHA and/or other Federal/State/local requirements. The Contractor shall be responsible for the conduct and appearance of his employees while working on. The Contractor's employees shall remain fully clothed at all times while performing under this contract; this includes shirts with sleeves, shoes, and long pants. Tank tops, shorts and inappropriate tee shirts worn as outerwear are prohibited. The Contractor will be required to remove from the work site any employee working under this contract for reasons of conduct, security, or found to be or suspected to be under the influence of alcohol, drugs, and any other incapacitating agents. Removal from the work site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required.

4.4 All personnel employed by the Contractor in the performance of this contractor, or any representative of the Contractor entering the Government, shall abide by all the regulations of the installation.

5 CONTRACTOR FURNISHED ITEMS AND SERVICES

5.1 Certificates, Licenses, Training and Permits. The Contractor shall, at no additional cost to the Government, obtain all certificates, licenses and permits required for performance of Boiler Efficiency Institute (BEI) services, and for complying with all applicable local, state, and Federal laws, rules, and regulations. Contractor shall provide VA training certificates and manufacture approved authorized factory servicing agreements. Contractor shall provide all equipment necessary to complete the disinfection and testing, including equipment, materials, and testing needed to meet OSHA requirements for a safe work site.

6 SUBMITTALS:

6.1 Contractor shall provide submittals for all chemicals, materials, and parts that he intends to use to complete this SOW. Contractor shall also provide the confined space entry plan and Lock Out/Tag Out plan prior to starting work. This shall be submitted to the COR at least 14 days in advance of starting work.

7 DELIVERABLES

7.1 Contractor shall furnish the Biloxi VAMC with detailed service reports, boiler inspection reports and combustion test sheet on two water tube boilers on each Quarterly PM.

8 GOVERNMENT FURNISHED EQUIPMENT AND SERVICES

8.1 The contractor will furnish all of the materials, parts, and supplies for the boiler systems described in this Statement of Work.

8.2 The Contractor may use the available utilities (electricity, water) at the site locations that are determined necessary for the performance of services described herein. The Contractor will not have access to the VA information system or have access to government computers to access online information while in the performance of the contract. Contractor shall furnish the Biloxi VAMC with Certificate of Calibration of Combustion Analyzers for Testing. Contractor shall furnish the Biloxi VAMC with Quarterly YHA Boiler Plant Testing Worksheets for the Biloxi VAMC facilities.

9 SAFETY

10 CONFINED SPACE

10.1 The Gulf Coast VA Healthcare System complies with the Occupational Safety and Health Administration (OSHA) confined space requirements as detailed in 29 CFR 1910.146. The above ground water tanks located at the VA Medical Center have been evaluated and deemed to meet the definition of permit required confined spaces. All confined space entry shall comply with 29 CFR 1910.146. A site-specific Confined Space Entry plan, that specifically addresses entry conditions, air monitoring and rescue services, shall be developed and submitted to the Facility Safety and Emergency Management Service.

10.2 Confined space entry permits shall be authorized by the Facility Safety and Emergency Management Service. Contractors shall coordinate with their Project Manager to request entry permits. Written request to de-classify a (PRCS) to a (CS) may be documented in writing and submitted to the Facility Safety and Emergency Management Office for consideration and approval.

11 CONTROL OF HAZARDOUS ENERGY

11.2 A site- specific plan that describes the isolation procedures that the contractor will use, in collaboration with the Facility Engineering staff to isolate and secure plumbed supply water from entering the AST during periods of servicing and maintenance will be required. All installation, maintenance, and servicing of equipment or machinery shall comply with 29 CFR 1910.147.

12 SAFETY CONSIDERATIONS:

12.1 Contractor’s workmen shall follow all safety requirements in accordance with OSHA regulations and EM 385, the Army Corps of Engineer Safety Manual, during all phases of work.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor to provide ANNUAL boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide SEMI-ANNUAL boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations. (2 JB per location)

POP Begin: 10-01-2024 POP End: 09-30-2025

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide materials, as needed, to cover boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations.

POP Begin: 10-01-2024 POP End: 09-30-2025

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide ANNUAL boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide SEMI-ANNUAL boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations. (2 JB per location)

POP Begin: 10-01-2025 POP End: 09-30-2026

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide materials, as needed, to cover boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations.

POP Begin: 10-01-2025 POP End: 09-30-2026

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide ANNUAL boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide SEMI-ANNUAL boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations. (2 JB per location)

POP Begin: 10-01-2026 POP End: 09-30-2027

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide materials, as needed, to cover boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations.

POP Begin: 10-01-2026 POP End: 09-30-2027

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide ANNUAL boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide SEMI-ANNUAL boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations. (2 JB per location)

POP Begin: 10-01-2027 POP End: 09-30-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide materials, as needed, to cover boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations.

POP Begin: 10-01-2027 POP End: 09-30-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide ANNUAL boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide SEMI-ANNUAL boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations. (2 JB per location)

POP Begin: 10-01-2028 POP End: 09-30-2029

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Contractor to provide materials, as needed, to cover boiler maintenance services to include Biloxi, MS; Eglin, Pensacola and Panama City, FL locations.

POP Begin: 10-01-2028 POP End: 09-30-2029

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

Base Period Total

Option Year One (1) Total

Option Year Two (2) Total

Option Year Three (3) Total

Option Year Four (4) Total

Contract GRAND TOTAL

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows:

The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price of all proposals relative to each other and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

36C25624Q1019

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

(End of Clause)

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

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

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

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

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

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

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit…