36C25626Q0076 PK Name Brand or Equal Water Heaters and Tube Bundle.pdf

A.1 COMBINE SYNOPSIS SOLICITATION

Solicitation Number: 36C25626Q0076

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13

Simplified Acquisition Procedures for Certain Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.

2. This solicitation document incorporates provisions and clauses are those in effect through

FAC 2025-06 (eff. 10/01/2025) VAAR DEVIATION APR 2025 (eff. 04/01/2025)

VAAM Alert 26-01 (eff. 10/01/2025) Acquisition Policy Flash 25-30 eff. 09/18/2025)

3. This requirement is solicited as total Small Business set aside. The North American Industry

Classification System number is 333414 with a size standard in number of 500.

4. Place of Performance: Central Arkansas Veterans Healthcare System (CAVHS), 2200 Fort

Roots Drive, North Little Rock, AR 72114.

5. Period of Performance: 12 Weeks After Receipt of Order (ARO).

6. All questions regarding this solicitation shall be submitted via email to Anthony Marion at anthony.marion2@va.gov no later than 10:00am. Central Standard Time on 10/27/2025.

7. Quotes are due no later than 11/03/2025 at 10:00am (CST) and shall be submitted electronically via e-mail to anthony.marion2@va.gov.

8. Please review solicitation in its entirety, review instructions to offeror and evaluation factors.

9. Site Visit: Date: October 23, 2025

Time: Promptly at 10:00 (cst)

Location: CAVHS

2200 Fort Roots Drive

BLDG 170

North Little Rock, AR 72114

Site visit highly encouraged, please send email to anthony.marion2@va.gov if contractor plan to be at site visit.

mailto:anthony.marion2@va.gov mailto:anthony.marion2@va.gov

The following provisions apply to this acquisition: The provision at 52.212-1 Introduction to

Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 ADDENDUM, EVALUATION – COMMERCIAL ITEMS (Nov

2021) apply to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 shows FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under

52.252-2 (see below), starting first with FAR and followed by VAAR.

36C25626Q0076

Table of Contents

A.1 COMBINE SYNOPSIS SOLICITATION

SECTION B - CONTINUATION OF COMBINE SYNOPSIS SOLICITATION

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK (SOW)

B.5 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(CPARS)

SECTION C - CONTRACT CLAUSES

C.1 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020) ... 17

C.2 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 FAR 52.212-1 ADDENDUM, INSTRUCTIONS TO OFFERORS-COMMERCIAL

ITEMS

E.2 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(DEVIATION FEB 2025)

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

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] After Delivery, Installation and Acceptance

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contractor shall provide all tools, shipping, delivery, personnel, license, certification, transportation, demolition, removal of old equipment, installation of new equipment, modifications to existing piping, to deliver and install two new name brand or equal Patterson-

Kelley (PK) 12 steam fired domestic water heaters in building 170 chiller plant. Contractor shall ensure lock out tag out the water source. Contractor shall replace the pneumatic control valves with two new direct digital control (DDC) valves. Contractor shall integrate the

DDC control valves into the facilities TRANE ensemble building automation system (BAS) controls for the facility. Contractor shall ensure start and check the operation of the units after installation.

Contractor shall ensure lock out tag out the water source. Contractor shall install government furnished 2 ½” steam control valve.

Contractor will also remove/demo the existing tube bundle in building

190 and install one each PK 8” copper tube bundle. Contractor shall ensure start and check the operation of the units after installation.

PRINCIPAL NAICS CODE: 333414 - Heating Equipment (except

Warm Air Furnaces) Manufacturing

PRODUCT/SERVICE CODE: 4410 - Industrial Boilers

MANUFACTURER PART NUMBER (MPN): PK12

0001AA

2.00 EA _____________ ___________

Two new name brand or equal Patterson-Kelley (PK) 12 steam fired domestic water heaters. (Building 170)

PRINCIPAL NAICS CODE: 333414 - Heating Equipment (except

Warm Air Furnaces) Manufacturing

MANUFACTURER PART NUMBER (MPN): PK12

0001AB

2.00 EA _____________ ___________

Two pneumatic control valves. (Building 170)

PRINCIPAL NAICS CODE: 333414 - Heating Equipment (except

Warm Air Furnaces) Manufacturing

MANUFACTURER PART NUMBER (MPN): PK

0001AC

1.00 JB _____________ _________

Installation, Replacement and Integration. (Building 170)

PRINCIPAL NAICS CODE: 333414 - Heating Equipment (except

Warm Air Furnaces) Manufacturing

MANUFACTURER PART NUMBER (MPN): Install

Installation for the two water heater and replace the pneumatic control valves with two new direct digital control (DDC) valves and integrate the DDC control valves into the facilities TRANE ensemble building automation system (BAS) controls for the facility.

Contractor shall ensure lock out tag out the water source. Contractor shall install government furnished 2 ½” steam control valve.

Contractor will also remove/demo the existing tube bundle in building 190 and install one each PK 8” copper tube bundle.

Contractor shall ensure start and check the operation of the units after installation.

PRINCIPAL NAICS CODE: 333414 - Heating Equipment (except

Warm Air Furnaces) Manufacturing

MANUFACTURER PART NUMBER (MPN): PK8

0002AA

1.00 EA _____________ _________

One PK 8” copper tube bundle. (Building 190)

PRINCIPAL NAICS CODE: 333414 - Heating Equipment (except

Warm Air Furnaces) Manufacturing

0002AB

Installation for one PK 8” copper tube bundle and removal/demo of government existing tube bundle. (Building 190)

PRINCIPAL NAICS CODE: 333414 - Heating Equipment (except

Warm Air Furnaces) Manufacturing

0002AC

Installation for 2 ½” steam control valve. (Building 190)

PRINCIPAL NAICS CODE: 333414 - Heating Equipment (except

Warm Air Furnaces) Manufacturing

MANUFACTURER PART NUMBER (MPN): Install

GRAND

TOTAL

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP

TO:

Central Arkansas Veterans Healthcare Sys

2200 Fort Roots Drive

Little Rock, AR 72114

USA

MARK

FOR:

Nathan Robison/ Furman DeVore

501-257-1146/501-257-1166

Nathan.Robison1@va.gov/Furman.DeVore@va.gov

FOB:

DESTINATION

0001AA SHIP

TO:

Central Arkansas Veterans Healthcare Sys

2200 Fort Roots Drive

2.00 12 Weeks

ARO

MARK

FOR:

Nathan Robison/ Furman DeVore

0001AB SHIP

Central Arkansas Veterans Healthcare Sys

2200 Fort Roots Drive

2.00 12 Weeks

MARK

FOR:

Nathan Robison/ Furman DeVore

0001AC SHIP

Central Arkansas Veterans Healthcare Sys

2200 Fort Roots Drive

1.00 12 Weeks

MARK

FOR:

Nathan Robison/ Furman DeVore

FOB: DESTINATION

0002 SHIP

TO:

Central Arkansas Veterans Healthcare Sys

2200 Fort Roots Drive

0.00 12 Weeks

MARK

FOR:

Nathan Robison/ Furman DeVore

0002AA SHIP

Central Arkansas Veterans Healthcare Sys

2200 Fort Roots Drive

MARK

FOR:

Nathan Robison/ Furman DeVore

FOB: DESTINATION

0002AB SHIP

Central Arkansas Veterans Healthcare Sys

2200 Fort Roots Drive

MARK

FOR:

Nathan Robison/ Furman DeVore

0002AC SHIP

Central Arkansas Veterans Healthcare Sys

2200 Fort Roots Drive

MARK

FOR:

Nathan Robison/ Furman DeVore

B.4 STATEMENT OF WORK (SOW)

170 190 Water Heaters

Eugene J. Towbin Memorial Veterans Hospital (Fort Roots)

Central Arkansas Veterans Healthcare System (CAVHS)

North Little Rock, AR

1. Background: The Steam Water Heater Bundle in Building 190 as well as the Domestic

Water Heaters in 170, have failed due to wear and tear. The Steam Water Heater Bundles in

190 and 170 have cracked and has mixed with the Steam and water creating wild and dangerous Temperature swings in the patient hot water supply. In addition, the 170 Water

Heaters now Leak, these are original to the building and are no longer made. This affects patient care in 170 and 190. The Existing Steam Water Heater Bundle needs replacement in

190 and 170 needs 2 entirely new water heaters due to the failure of the current set. The new

Steam Water Heaters will have a different footprint so the piping will have to be modified.

2. Scope: Contractor shall provide all tools, shipping, delivery, personnel, transportation, demolition, removal of old equipment, installation of new equipment, modifications to existing piping, to deliver and install two new name brand or equal Patterson-Kelley (PK) 12 steam fired domestic water heaters in building 170 chiller plant. Contractor shall ensure lock out tag out the water source. Contractor shall replace the pneumatic control valves with two new direct digital control (DDC) valves. Contractor shall integrate the DDC control valves into the facilities TRANE ensemble building automation system (BAS) controls for the facility. Contractor shall ensure start and check the operation of the units after installation.

Contractor shall ensure lock out tag out the water source. Contractor shall install government furnished 2 ½” steam control valve. Contractor will also remove/demo the existing tube bundle in building 190 and install one each PK 8” copper tube bundle. Contractor shall ensure start and check the operation of the units after installation.

3. Delivery: Within 12 weeks after receipt of order (ARO) the Contractor shall complete the following that include but not limited to:

Complete the following in BLDG 190:

• Lock Out Tag Out the Water Source

• Remove and or Demo the existing Tube Bundle

• Supply 1 – Patterson-Kelley 8” Copper Tube Bundle

• Install the Tube Bundle

• Install Owner Furnished 2 ½” Steam Control Valve

• Start and Check the operation of the unit

The Contractor shall complete the following in BLDG 170:

• Lock Out Tag Out the Water Source

• Remove and or Demo the 2 Existing Patterson-Kelley Steam Fired Domestic Water

Heaters

• Supply 2- Patterson-Kelley 12 Steam Fired Domestic Water Heaters

• Install 2- Patterson-Kelley 12 Steam Fired Domestic Water Heaters

• Modify Existing Piping to Accommodate new Water Heaters

• Replace the pneumatic control valves with 2ea new DDC control valves

• Integrate the DDC control valves into the Facilities TRANE Ensemble BAS controls

• Start and Check the operation of the units

4. Delivery Hours: All deliveries shall be scheduled 48 hours in advance. Deliveries pertaining to this contract will need to be performed Monday through Friday unless a Federal holiday falls on one of these days. Typical hours are between 8am and 4pm. If delivery is required outside of these hours of operations, it must be coordinated with the project Contracting

Officer’s Representative (COR). On the days listed below delivery shall not be scheduled unless unique situations arise and prior approval between the delivery and CAVHS parties involved is agreed upon.

5. Government Observed Holidays: The Government hereby provides notice, and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

New Year's Day January 1

Martin Luther King's Birthday Third Monday in January

President's Birthday Third Monday in February

Memorial Day Last Monday in May

Juneteenth National Independence Day June 19

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas December 25

In addition to the days designated as holidays, the Government observes the following days:

1. Any other day designated by Executive Order.

2. Any other day designated by the President’s Proclamation; and

3. Any other day designated by the Federal Statute.

6. Technical manuals/Data: Contractor shall provide full manufacturer’s data, literature, and installation, operation and maintenance instructions with the technical quote. Contractor shall provide data/information of equal products that may be considered as long as they meet the specifications provided below.

7. Salient/Specifications: No gray market items will be accepted by the government.

Contractor shall provide literature and evidence how its equal product meets or exceeds the

Patterson-Kelley (PK) water heaters. PK12 or equivalent includes but not limited to the following:

Patterson-Kelley - Commercial Water Heaters https://www.pattersonkelley.com/solutions/water-heaters/ https://www.pattersonkelley.com/solutions/bundles/ https://www.google.com/aclk?sa=L&ai=DChsSEwjGt43vuKmQAxXcC60GHS3wOQMYACICCAEQABoCcHY&co=1&gclid=EAIaIQobChMIxreN77ipkAMV3AutBh0t8DkDEAAYASAAEgLLyfD_BwE&cid=CAASNuRong0ZAEhzbktSPVFxkrz832ou6l4pN3M5RT8c3_MLSvKa0K4EHwQO-K2Cap3hKqh6InO9vQ&cce=2&sig=AOD64_2pCsuanJwIfOOzXTyGRAS4qEFGFw&q&adurl&ved=2ahUKEwi30oXvuKmQAxW4GjQIHSKoMRkQ0Qx6BAgSEAE https://www.google.com/aclk?sa=L&ai=DChsSEwjGt43vuKmQAxXcC60GHS3wOQMYACICCAEQABoCcHY&co=1&gclid=EAIaIQobChMIxreN77ipkAMV3AutBh0t8DkDEAAYASAAEgLLyfD_BwE&cid=CAASNuRong0ZAEhzbktSPVFxkrz832ou6l4pN3M5RT8c3_MLSvKa0K4EHwQO-K2Cap3hKqh6InO9vQ&cce=2&sig=AOD64_2pCsuanJwIfOOzXTyGRAS4qEFGFw&q&adurl&ved=2ahUKEwi30oXvuKmQAxW4GjQIHSKoMRkQ0Qx6BAgSEAE https://www.pattersonkelley.com/solutions/water-heaters/ https://www.pattersonkelley.com/solutions/bundles/

8. Changes to the Statement of Work: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract and such changes will be executed bi-laterally in accordance with FAR 52.212-4(c). 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, which 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. Costs incurred by the contractor through the actions of parties other than the

Contracting Officer shall be borne by the contractor.

9. Invoicing/Payment: Contractor shall submit invoices after delivery, installation, testing and acceptance by government representative. No advance payments shall be authorized. A proper invoice must include:

a) Name and address of Contractor

b) Facility’s name and address where supply was delivered

c) Invoice date

d) Contract number and Purchase Order (PO) number

e) Contract Line-Item Number (LIN)

f) Description, quantity, unit of measure, unit price and total price of item(s) ordered.

g) Name and address of authorized official to whom payment is to be sent.

h) Name, title, phone number, email of person to be notified if invoice is defective.

10. Delivery Location: Central Arkansas Veterans Healthcare System

2200 Fort Roots Drive, Bldg 170

North Little Rock, AR 72114

11. Information System Officer /Protection: The Supplier will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services.

12. Privacy Officer: The contractor will not have access to protected Patient Health Information

(PHI) nor will they have the capability of accessing patient information during the services provided to the VA.

B.5 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(CPARS)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Department of Veterans Affairs (VA) has implemented

Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation.

One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.

Once the report is processed, it is available in the Past Performance Information Retrieval

System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract. Each person granted access will have the ability to provide comments in the Contractors portion of the report and state whether or not the

Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions.

Further details, systems requirements, and training information for CPARS are available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for

Contractor Representatives, and a practice application may be found at this site.

(e) The Assessing Official will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/. The Contractor Representative has the option to provide comments on the evaluation, indicate if they concur or do not concur with the evaluation, sign, and then return the evaluation to the Assessing Official. The Contractor

Representative has a total of 60 days following the Assessing Official’s evaluation signature date to send comments. If the Contractor Representative sends comments within the first 14 days following the Assessing Official’s signature date and the Assessing Official or Reviewing

Official closes the evaluation, the evaluation will become available in PPIRS-RC within 1 day.

On day 15 following the Assessing Official’s evaluation signature date, the evaluation will become available in PPIRS-RC with or without Contractor Representative comments and whether or not it has been closed by the Assessing Official or Reviewing Official. If no

Contractor Representative comments have been sent and the evaluation has not been closed, it will be marked as “Pending” in PPIRS-RC. If the Contractor Representative sends comments at any time prior to 61 days following the Assessing Official’s evaluation signature date, those comments will be reflected in PPIRS-RC within 1 day. On day 61 following the Assessing

Official’s evaluation signature date, the Contractor Representative will be “locked out” of the evaluation and may no longer send comments.

(f) The following guidelines apply concerning Contractor Representative use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting

Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

C.1 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(a) Definition. Small business concern, as used in this clause—

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

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to—

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

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(End of Clause)

C.2 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS

NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

NOV 2023

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

JAN 2025

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS

NOV 2018

852.211-72 TECHNICAL INDUSTRY STANDARDS NOV 2018

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.246-71 REJECTED GOODS OCT 2018

852.247-73 PACKING FOR DOMESTIC SHIPMENT OCT 2018

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

BLDG 170 site visit location

SECTION E - SOLICITATION PROVISIONS

E.1 FAR 52.212-1 ADDENDUM, INSTRUCTIONS TO OFFERORS-COMMERCIAL

ITEMS

This combined synopsis/solicitation is issued under Federal Acquisition Regulation 12 and 13, Simplified Procedures for Certain Commercial Items.

QUOTE PREPARATION INSTRUCTIONS:

1. Quote Preparation

a. These instructions are designed to ensure the proper submission of information necessary to provide for comprehensive evaluation of quotes. Quoters shall carefully review this section prior to commencing preparation of quotes and take the necessary measures to ensure that the information submitted is factual, accurate, and complete.

2. Submission Instructions

a. One electronic copy (email) of all sections of the quote (Technical and Price) shall be submitted to the Contracting Officer via email to Anthony.marion2@va.gov on or before the due date and time listed in this solicitation. The contractor’s email shall include in the subject line

“RFQ 36C25626Q0076- Name Brandor Equal PK 12 Steam Water Heaters and PK 8 Steam tube Heater Bundle

b. Faxed quotes are NOT permitted under any circumstances.

3. Quote Format

a. Electronic Copy: Provide one (1) electronic copy of the complete quote. Electronic copies must be in Microsoft Word or Adobe Acrobat format and virus checked prior to submission.

b. The quoters shall be held responsible for the validity of all information supplied in their quote.

c. Please complete and submit, with the completed price quote (volume 2), paragraph B.1

Contract Administration. In addition, all prior solicitation amendments must be acknowledged.

3.1. Volume 1 contains one section, Technical.

A summary of the Technical Volume 1 requirement is listed below. The detailed requirement for the technical volume is listed in section 4.

a. Technical

i. Offeror’s Technical/Product Capability

ii. Offeror’s Qualifications

iii. Delivery

iv. Personnel license and certification.

3.1.1 Past Performance - The contractor does not need to turn in any information for past performance. CPARS and sam.gov will be reviewed.

3.2. Volume 2 contains, Pricing Information, Contract Administration and solicitation amendments.

A summary of the Price Volume 2 requirement is listed below.

a. Completed Section B.1 Contract Administration

b. Completed Section B.2 Price Schedule. All Contract line items (CLINs) and quantities shall be priced and delivered per the Solicitation/SOW. Bulk pricing for all CLINS is unacceptable and partial order will not be accepted. Failure to provide pricing breakout for all name brand or equal products/services in B.2 will deem quote unacceptable.

c. Signed/acknowledgment of all amendments

4. Quote Volume Requirements

a. Volume 1 – TECHNICAL

i. Offeror’s Technical/Product Capability

Offeror shall communicate in detail how its brand or equal product meets the government Name brand or Equal product for PK 12 Steam Water Heaters and PK 8 Steam tube Heater Bundle requirement required by this Solicitation/SOW.

ii. Offeror’s Qualifications

Offeror shall provide documentation/evidence that its company is authorized to sell/distribute products required for this Solicitation/SOW. Offerors shall submit a current copy of its original equipment manufacturer (OEM) authorization with their technical quote. Failure to submit OEM authorization, if not the manufacturer may deem quote technical unacceptable.

iii. Delivery

Offeror shall communicate in technical quote its capability to deliver products and installations

12 weeks after receipt of order (ARO).

iv. Personnel license and certification.

Offeror shall submit with technical quote current license and certification to install and remove/demo equipment per this Solicitation/SOW.

The Government will evaluate quotations using the comparative evaluation process outlined in

FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government. All factors are equal in comparative evaluation.

Contracting Officer (CO) will conduct an initial review for compliance with Section E.1(3)

Quote Format and Section E.8 Quote Volume Requirements in Section E, Addendum to

52.212-1 Instructions to Offerors and Offerors may be rejected for failure to comply. Under

Factor 1 Technical, the quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the SOW/solicitation and based on the information requested in the instructions to offerors section of this solicitation.

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Provisions 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.

E.2 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at

52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information https://www.sam.gov/ required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the

Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the

Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act

(FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition

Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for

Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—

Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph

(e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the

Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of Provision)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Anthony Marion

Galleria Financial Center

Suite 750

5075 Westheimer Rd

Houston TX 77056

Mailing Address:

Anthony Marion

Galleria Financial Center

Suite 750

5075 Westheimer Rd

Houston TX 77056

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT NOV 2024

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

SEP 2023

52.214-21 DESCRIPTIVE LITERATURE APR 2002

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION

OCT 2018

852.233-71 ALTERNATE PROTEST PROCEDURE OCT 2018

852.233-71 ALTERNATE PROTEST PROCEDURE (MAY 2010)

NOTE

MAY 2010

(End of Addendum to 52.212-1)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical

Price

Past Performance

Contracting Officer (CO) will conduct an initial review for compliance with Section E.1(3)

Quote Format and Section E.4 Quote Volume Requirements in Section E, Addendum to 52.212-

1 Instructions to Offerors and Offerors may be rejected for failure to comply. Under Factor 1

Technical, the quotation will be evaluated to the extent to which it can meet and/or exceed the

Government’s requirements as outlined in the SOW/solicitation and based on the information requested in the instructions to offerors section of this solicitation. Technical and Past

Performance when combined are approximately equal.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(DEVIATION FEB 2025)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13

CFR 127, and the concern is identified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-

9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of…