36C25625Q0118 Combined Solicitation v2.docx

36C25625Q0118

GENERAL INFORMATION

Network Contracting Office 16 1515 Poydras Street Suite 1100

New Orleans, LA 70112

POINT OF CONTACT*

Contract Specialist Christopher Rossi christopher.rossi2@va.gov christopher.rossi2@va.gov

PLACE OF PERFORMANCE

Southeast Louisiana Veterans Health Care System

(SLVHCS)

2400 Canal Street

New Orleans LA

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with format in FAR Subpart 13; simplified acquisition procedures apply. VA will conduct the procurement according to a combination of FAR Part 12, Acquisition of Commercial Items and Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice.

The solicitation number is 36C25625Q0118 and is issued as a Request for Quotation (RFQ).

The proposed contract action is to perform all work associated with testing for Legionella bacteria, residual biocide, pH, and temperature at various described locations in Buildings 1, 2, 6, 7 and 10 on a quarterly basis all buildings being located at the Southeast Louisiana Veterans Healthcare System (SLVHCS), New Orleans LA. The contractor shall assume full responsibility for compliance with all Federal, State, City, and local laws, codes, and regulations, governing water sampling for Legionella.

Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside applies to all items in this solicitation. Interested persons may submit quotes, and all eligible quotes must be received prior to the response date listed on FBO to be considered by the Government. This solicitation is 100% SET-ASIDE FOR SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS.

The NAICS code is 541380 (Testing Laboratories and Services) and the size standard is $19 million.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-04 (01/30/2022). Only emailed requests received directly from the requester will be accepted.

RESPONSES ARE DUE, December 06, 2024, by 15:00 p.m. Central Time (CT). Quotes are due electronically to Christopher.rossi2@va.gov no later than the response date listed on FBO. Only electronic quotes will be considered.

Phone calls will not be accepted, all question and or concerns must be submitted via email to Christopher.rossi2@va.gov by 15:00 p.m. Central Standard Time (CST) NLT November 22, 2024.

Point of contact for this solicitation is Christopher Rossi at Christopher.rossi2@va.gov. All Inquires must be submitted electronically.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

629-25-2-690-0002

11-12-2024 Christopher Rossi christopher.rossi2@va.gov 12-06-2024 15:00

CST

Department of Veterans Affairs Network Contracting Office 16

New Orleans LA 70112

X

541380 $19 Million

N/A

Department of Veterans Affairs Southeast Louisiana Veterans Health Care System (SLVHCS) 2400 Canal Street New Orleans LA 70119 Department of Veterans Affairs Network Contracting Office 16

New Orleans LA 70112

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

See CONTINUATION Page Non-personal Services: This effort is to support the continuous operation of Legionella water testing at Southeast Louisiana Veterans Health Care System (SLVHCS).

The contractor shall provide all items and personnel necessary to perform contract as defined in the Performance Work Statement.

Questions due NLT Nov 22th, 2024, by 15:00 PM via email to Christopher.Rossi2@va.gov. No phone calls will be accepted.

Solicitation responses due NLT Dec 06, 2024, by 15:00 PM Period of Performance: Base Period: Jan 09, 2025, to Jan 08, 2026, followed by four option years.

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

See CONTINUATION Page

QUOTE

Luke Miles Contract Officer

Page 1 of 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 Department of Veterans Affairs Network Contracting Office 16 1515 Poydras Street Suite 1100

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.

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

QUARTERLY LEGIONNELA TESTING, BUILDINGS 1, 2, 6, 7, and 10

SOUTHEAST LOUISIANA VETERANS’ HEALTH CARE SYSTEM (SLVHCS) NEW ORLEANS, LA 70119

SCOPE OF WORK

The Contractor shall furnish all labor, tools, materials, equipment, supervision, transportation, applicable licenses, certifications, and accreditations necessary to perform all work associated with testing for Legionella bacteria and other impurities at various described locations in Buildings 1, 2, 6, 7 and 10 on a quarterly basis, all buildings being located at the Southeast Louisiana Veterans Healthcare System, New Orleans LA. The contractor shall assume full responsibility for compliance with all Federal, State, City, and local laws, codes, and regulations, governing water sampling for Legionella.

The quarterly water testing work required is listed as follows:

1. Contractor shall test on a quarterly basis both the hot-water and cold-water faucets at ten (10) locations in each of Buildings 1, 2, & 6, twelve (12) cooling towers on top of Building 7, Fisher House Building 10, and additionally HPC Testing in the Cooling Towers. The test locations at each building will be determined by Veterans Affairs (VA) personnel. The period of performance for this service contract will be for one year or for 4 consecutive quarters, beginning January 9, 2025, and four (4) optional years (with each optional year also having quarterly sampling and testing). The initial water sampling must take place no later than January 31, 2025.

2. Samples taken of the potable water system at the distal sites for this service contract will be tested for Legionella bacteria, residual biocide, pH and temperature. Test results will be forwarded to the Contracting Officer Representative (COR) and the Industrial Hygienist within 15 working days of sampling. Test results shall be sent to both individuals via electronic mail with a pdf attachment within the specified period of time.

3. The Contractor shall provide 368 tests through 4 quarters (92 per quarter), and up to 40 additional tests throughout the four quarters at any given time, per the request of the VA at no extra cost to the government.

4. Contractor shall coordinate the distal site sampling locations with VA personnel. No water sampling shall occur until VA has given prior approval to start work. Contractor will be required to be escorted at all times while sampling is in process. All water samples shall be collected per CDC guidelines. Samples shall be tested at laboratories certified by the CDC Environmental Legionella Isolation Techniques Evaluation (ELITE). Analysis will include the culture, identification and enumeration of Legionella species and serotyping including the target species Legionella pneumophilia serogroup.

WATER SAMPLING SCHEDULE

1. Water sampling and test results shall be submitted to the New Orleans VA for the second (2) quarter prior to January 31, 2025 in an effort to report the water sampling results in January 2025 in accordance with VHA Directive 1061. Each subsequent quarterly sampling and testing shall be performed such that results are reported in accordance with VHA Directive 1061.

2. Work will be performed during the hours of 8:00 AM and 4:30 PM, Monday through Friday, exclusive of Federal Holidays. Some work outside of normal hours of operations may be necessary and must be coordinated with the Project COR.

SPECIAL CONSIDERATIONS BY THE CONTRACTOR:

1. All sampling and testing shall be done in accordance with VHA Directive 1061.

2. The contractor will be responsible for cleanliness of the building area both interior and exterior.

SAFETY CONSIDERATIONS:

1. Contractor’s workmen shall provide and utilize all safety requirements in accordance with OSHA regulations during all phases of the work.

2. Contractor will not be allowed to use Government tools, materials, and/or labor for this project.

3. All work is to be performed in strict compliance with the “Scope of Work”.

PERIOD OF PERFORMANCE

1. BASE YEAR: January 9, 2025 to January 8, 2026 OPTION YEAR 1: January 9, 2026 to January 8, 2027 OPTION YEAR 2: January 9, 2027 to January 8, 2028 OPTION YEAR 3: January 9, 2028 to January 8, 2029 OPTION YEAR 4: January 9, 2029 to January 8, 2030

2. Facility Closure Days. If any facility locations are closed due to snow, hurricane, or acts of God, the Contractor shall reschedule work planned for this time.

3. Federal Holidays. The Contractor shall not be required to work any of the following federal holidays:

New Year’s Day - 1 January Martin Luther King Day - 3rd Monday in January President's Day - 3rd Monday in February Memorial Day - last Monday in May Juneteenth - 19 June Independence Day - 4 July Labor Day - 1st Monday in September Columbus Day - 2nd Monday in October Veteran’s Day - 11 November Thanksgiving Day - 4th Thursday in November Christmas Day - 25 December

GENERAL INFORMATION

1. Quality Control. The successful Contractor shall develop and maintain a quality program to ensure services are performed in accordance with commonly accepted commercial practices. The successful Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

2. Quality Assurance. COR will periodically evaluate the Contractor’s performance to ensure that contracted services are received. The COR will evaluate the Contractor’s performance through intermittent on-site inspections of the Contractor's quality control program and receipt of complaints from SLVHCS personnel. The Government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. Likewise, the Government may decrease the number of quality control inspections if performance dictates. The Government will also receive and investigate complaints from various customers located at SLVHCS. The Government shall be responsible for initially validating customer complaints. The COR shall make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s). It is expected that the Contractor will visit the site bi-annually for inspection and review.

3. Government Remedies. The contracting officer shall follow FAR 52.212.4, Contract Terms and Conditions-Commercial Items (Sept 2005), for Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

4. Conformance Standards. Contract service shall ensure that all work is performed in accordance with Joint Commission, DNR, EPA, DOT, OSHA, and governing federal, local and state regulations and guidelines. Copies of the Contractor's state, local and federal permits and licenses MUST be provided to the CO with the signed quote as noted the addendum to FAR 52.212-1.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

1st Quarter Legionella Water Testing at the following locations:

0001 BLDG 1 (INPATIENT) Each 20 0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 0006 HETEROTROPHIC PLATE COUNT TESTING Each 60 0007 HETEROTROPHIC PLATE COUNT RETESTING Each 15 Contract Period: Base POP Begin: 01-09-2025 POP End: 01-08-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

2nd Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Base POP Begin: 01-09-2025 POP End: 01-08-2026

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

3rd Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Base POP Begin: 01-09-2025 POP End: 01-08-2026

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

4th Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Base POP Begin: 01-09-2025 POP End: 01-08-2026

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Additional tests as needed, up to 40 Contract Period: Base POP Begin: 01-09-2025 POP End: 01-08-2026

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

1st Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 0006 HPC TESTING Each 60 0007 HPC RETESTING Each 15 Contract Period: Option 1 POP Begin: 01-09-2026 POP End: 01-08-2027

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

2nd Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Option 1 POP Begin: 01-09-2026 POP End: 01-08-2027

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

3rd Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Option 1 POP Begin: 01-09-2026 POP End: 01-08-2027

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

4th Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Option 1 POP Begin: 01-09-2026 POP End: 01-08-2027

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Additional tests as needed, up to 40 Contract Period: Option 1 POP Begin: 01-09-2026 POP End: 01-08-2027

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

1st Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 0006 HPC TESTING Each 60 0007 HPC RETESTING Each 15 Contract Period: Base POP Begin: 01-09-2027 POP End: 01-08-2028

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

2nd Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Base POP Begin: 01-09-2027 POP End: 01-08-2028

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

3rd Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Base POP Begin: 01-09-2027 POP End: 01-08-2028

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

4th Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Base POP Begin: 01-09-2027 POP End: 01-08-2028

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Additional tests as needed, up to 40

POP Begin: 01-09-2027 POP End: 01-08-2028

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

1st Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 0006 HPC TESTING Each 60 0007 HPC RETESTING Each 15 Contract Period: Base POP Begin: 01-09-2028 POP End: 01-08-2029

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

2nd Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Base POP Begin: 01-09-2028 POP End: 01-08-2029

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

3rd Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Base POP Begin: 01-09-2028 POP End: 01-08-2029

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

4th Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Base POP Begin: 01-09-2028 POP End: 01-08-2029

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Additional tests as needed, up to 40

POP Begin: 01-09-2028 POP End: 01-08-2029

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

1st Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 0006 HPC TESTING Each 60 0007 HPC RETESTING Each 15 Contract Period: Base POP Begin: 01-09-2029 POP End: 01-08-2030

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

2nd Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Base POP Begin: 01-09-2029 POP End: 01-08-2030

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

3rd Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Base POP Begin: 01-09-2029 POP End: 01-08-2030

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

4th Quarter Legionella Water Testing at the following locations:

0002 BLDG 2 (D&T) Each 20 0003 BLDG 6 (TL) Each 20 0004 BLDG 7 (CEP COOLING TOWERS) Each 12 0005 BLDG 10 (FISHER HOUSE) Each 20 Contract Period: Base POP Begin: 01-09-2029 POP End: 01-08-2030

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Additional tests as needed, up to 40

POP Begin: 01-09-2029 POP End: 01-08-2030

PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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

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

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

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

(End of Clause) C.4 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…