36C25821Q0235_1.docx

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9.

ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTA

CHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25821Q0235 06-25-2021 April Graves 602-795-4475 07-14-2021 2:00pm

PDT

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014 X X 238220 $16.5 Million N/A X Department of Veterans Affairs Phoenix VA Healthcare System 777 E. Missouri, Suite 300 Phoenix AZ 85014 Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

See CONTINUATION Page The Phoenix Arizona VA Health Care System (PVAHCS) located at 650 E Indian School Rd, Phoenix Az 85012 requires services to conduct repair/ replacement/ adjustment/ installation as indicated to bring two boilers at the facility into compliance with the VA’s Directive 1810 and its Boiler Safety Device Testing Manual, Volume 5.

See CONTINUATION Page X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C258

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014

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.

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Conduct repair/ replacement/ adjustment/ installation of boiler safety devices to bring two boilers at the facility into compliance with VA’s Directive 1810 and its Boiler Safety Device Testing Manual, Volume 5. Appendix A of the Testing Manual. Work shall be complete within 60 days of commencement of work.

Contract Period: Base POP Begin: 07-26-2021 POP End: 09-30-2021

B.3 Statement of Work Install and Retest Boiler Safety Devices

The Phoenix Arizona VA Health Care System (PVAHCS) located at 650 E Indian School Rd, Phoenix Az 85012 requires the following services:

· Conduct repair/ replacement/ adjustment/ installation as indicated to bring two boilers at the facility into compliance with the VA’s Directive 1810 and its Boiler Safety Device Testing Manual, Volume 5. Appendix A of the Testing Manual provides detailed requirements for each of the necessary activities described herein.

· Installation services shall include scheduling, coordination, and testing services as well as product, material and all other submittals and requirements defined in VA specifications. Installation shall follow all applicable VA specifications, design manuals, directives and referenced requirements.

1. SCOPE OF WORK:

a. Provide all labor and materials to complete the listed activities as well as conduct the appropriate retests per Boiler Safety Device Testing Manual Appendix A to determine adequacy of repairs. Testing results must be documented on data sheets for each appropriate device given the VHA Boiler Safety Device Testing Manual 5th Edition Appendix A. All work must be performed by a manufacturer trained service representative, and qualified technicians/tradesmen. The Qualifications of the staff must be provided for review and approval by the contracting officers representative prior to beginning work. All testing must be executed by a qualified professional with documented experience on at least 5 VHA sites within the past 3 years and in accordance with VHA safety device test manual as required by VHA directive 1810. All work must comply with applicable sections of Master Construction Specifications.

· 23-05-10 – Common Work Results for Boiler plant and Steam Generation

· 23-09-11 – Instruments and Controls for Boiler plants,

· 23-09-23 – Direct Digital Controls Systems for HVAC

· 23-21-11 – Boiler plant piping systems

· 23-50-11 - Boiler plant Mechanical equipment

· 23-52-33 – Water Tube Boilers.

The contractor shall provide complete submittals for all equipment and materials being proposed and installation diagrams confirming compliance with VHA requirements.

2. BOILER SPECIFICATIONS

a. Boiler #1, 350 bhp Nebraska boiler Series NSB 27 Serial 2D1906 with Weishaupt Gas/oil Burner Model WM-GL20/2-a 2M-r 5.63. HP Max., BtuH 6825, Serial 40103220 with Fireeye Nexus controller model PPC4000

· The burner on this boiler has been modified for reduced capacity and believed to be approximately 200 hp.

· The contractor shall complete the following items. The contractor shall test each item to verify and document compliance with the VHA safety device test manual requirements.

i. Low fire proving switch for the air damper is not wired into the M-D “Low Fire Proving” circuit and doesn’t open until 28% firing rate. Additionally, both gas and oil valve must be installed and wired in to the Fireye YB-110 M-D circuit.

Contractor shall: Supply and Install and wire low fire proving switches for air damper, gas valve, and oil valves into Fireye YB-110 terminals M-D circuit (refer to factory YB-110 wiring Diagram). Low Fire proving switches for air damper, gas valve, and oil valve should be positioned or set so that the switch circuit opens at 10% or less of the actuator/valve/damper stroke. All switches must be wired in series within the M-D fireye circuit. Wire to common and normally open terminals on proving switches. Route wiring for all switches into a readily accessible labeled terminal block contained within a separate enclosure for testing purposes.

ii. Setpoints for the following switches require adjustment: Combustion Air Pressure Switch, Low Gas Pressure Switch, High Gas Pressure switch.

Contractor shall: Adjust setpoints of Combustion Air Pressure Switch, Low Pressure Gas Switch, and High Gas Pressure switch per the requirements given in the VHA Safety Device Testing Manual 5th edition for each device.

iii. IR scanner is installed in boiler and does not meet VA guidelines

Contractor shall: Remove and properly dispose of IR scanner and supply and install a UV self-checking scanner. Combination UV/IR scanners are not permitted. Scanner must be installed and positioned so that it does not sense the ignitor spark.

1.

2.

2.1.

2.1.1.

2.1.2.

2.1.3.

2.1.4. Purge Airflow proving switch is not piped in

Contractor shall: Connect / Plumb low-pressure side of Purge Airflow Proving switch to boiler outlet stack upstream of any stack damper. Provide test ports as shown on page 77 of VHA Safety Device Testing Manual 5th Edition.

2.1.5. Low Fuel Gas Pressure Cutoff Switch not plumbed in correctly

Contractor shall: Properly plumb lockable only open isolation valve and test port for Low Fuel gas Pressure Cutoff Switch as shown on page 61 of VHA Boiler Safety Device Testing Manual 5th Edition.

2.1.6. Automatic Pilot Fuel Gas Shutoff and Solenoid vent Valve Seat Leakage. There is no manual valve downstream the #2 APFGSOV, which prevents ability to test integrity of #2 SOV. Also, the Vent Valve is leaking.

Contractor shall: Supply and Install manual valve downstream of the #2 APFGSOV and remove and properly dispose of and supply and install the 3 solenoid valves. Refer to plumbing setup given on page 65 of VHA Boiler and associated Plant Safety Device Testing Manual Appendix A.

2.1.7. Unable to lift 2nd SVB on boiler with burner at 100%.

Note: as mentioned above the boiler has been detuned for reduced capacity which impacted the overall capacity. The boiler design remains the same therefore safety valve capacity must meet or exceed the original boiler capacity

Contractor shall: Remove and properly dispose of the first SVB and supply and install as a ASME code approved safety valve with set pressure 5 psig higher than the NonRecycle Boiler Steam pressure Limit switch and a capacity of 5,800 #/hr. Second SVB must be removed and properly disposed of , and a new ASME certified SVB supplied and install that is sized for 5 psig greater than SVB 1 with a capacity of 12,100 #/hr. The combined relief capacity with the first and second valve, will be approximately 17,900#/hr.

2.1.8. Low pilot Fuel Gas pressure cutoff switch range is incorrect.

Contractor shall: remove and properly dispose of and supply and install LPFGPC with activation point falling within the middle third of its operational range. Regulated pressure is approx. 8 inches water column. Provide and install lock open only isolation valve and test port.

2.1.9. Low Flue gas Oxygen Level Interlock is only set up for monitor only and needs to be reprogrammed due to missing trim data. FireEye Nexus PPC 4000 Series fuel air ratio controller.

Contractor shall: Obtain proper burner curves and rewire/reprogram Nexus system to activate alarm and interlock. The VA requires a separate alarm activate prior to interlock. Interlock must be set to activate with less than 200 ppm flue gas carbon monoxide concentration at activation point.

2.1.10. NFPA oil train for Weishaupt burner is set up and wired incorrectly to meet VHA requirements. The LFOPCS is downstream of the ASCO valves which requires them to open at the beginning of the purge, eliminating the protection of the switches. Magnetic clutch is also engaged a t the beginning of the purge generating 300PSI of oil pressure at the Weishaupt solenoid valves. Burner is missing LFOPCS and HFOPCS at the Weishaupt pump as well as the LFOPCS/HFOPCS before the NFPA oil train.

Contractor shall: Change control logic and switches to have required protection to meet the intent of VHA Boiler plant Safety Device Testing Manual. Control logic must be modified so that the ASCO auto shutoff valves do not open until Main Flame Trial for Ignition (MFTI). The downstream solenoid valves and high-pressure pump must be wired to trigger based on a PROOF of OPEN Switch in the ASCO valves. Weishaupt burners require two separate LFOPCS and two separate HFOPCS. One LFOPCS must be installed upstream of the ASCO Auto shutoff valves. One HFOPCS must be located downstream of the ASCO valves and upstream of the High-Pressure Fuel Oil Pump. Supply and install a second low oil pressure switch and high oil pressure switch located downstream of the high-pressure pump and upstream of the solenoid valves. To accommodate these switches, modify the Fireye control logic so that the second LFOPCS is not active until the burner main flame is established.

2.1.11. Low Water Alarm, Low Water Cutoff, Aux Low Water Cutoff Not compliant with VA standard.

Contractor shall: supply and install low water safety devices to meet VHA Boiler plant Safety Device Testing Manual requirements. LWA must be a probe activated audible and visually indicated alarm that does not shut down the boiler. LWA must activate 1 inch above first LWCO and below normal water level. LWCO must be a float type device that activates 1 inch below the LWA. The LWCO must shut the boiler down and lockout. First LWCO must be wired as a non-recycle interlock. The Aux LWCO must be a probe type device set to activate 1 inch below the float LWCO. The Aux Low water cutout must also shut the boiler down and be wired as a non-recycle cutout. All Low water safeties must activate higher than 1 inch of water from bottom clearly visible in the sight glass.

2.2. Boiler #3, 350 bhp Cleaver Brooks boiler model D-34 Unit WL-1982 with Webster gas/oil burner Model HDRVX7C-200-MARK6-M.30H-MA-IRI Serial number U66854A-1-9-02.

2.2.1. Low Water Cutout Secondary probe is not functional and Primary unit is not wired correctly

Contractor shall: Rewire primary cutoff into non recycle limit circuit. Adjust primary probe and recalibrate, provide and install/recalibrate Secondary probe). The LWCO must shut the boiler down and lockout. First LWCO must be wired as a non-recycle interlock. The Aux LWCO must be a probe type device set to activate 1 inch below the float LWCO. The Aux Low water cutout must also shut the boiler down and be wired as a non-recycle cutout. All Low water safeties must activate higher than 1 inch of water from bottom clearly visible in the sight glass.

2.2.2. Automatic Pilot fuel gas shutoff valves and solenoid vent valve seat leakage. The upstream AFGSOV is leaking at 1 bubble/sec (zero allowed leakage)

Contractor Shall: Remove and properly dispose of, supply and install valve and retest in accordance with VHA Boiler and associated Plant Safety Device Testing Manual Appendix A.

2.2.3. Forced draft damper pre purge proving switch makes before damper is 90% open and not adjustable

Contractor Shall: Supply and install a proving switch and retest in accordance with VHA Boiler and associated Plant Safety Device Testing Manual Appendix A.

2.2.4. Low Flue gas Oxygen Level Interlock is only set up for monitor only and needs to be reprogrammed due to missing trim data.

Contractor Shall: Obtain proper curves and reprogram / activate alarm and interlock. The VA requires a separate alarm activate prior to interlock. Interlock must be set to activate with less than 200 ppm flue gas carbon monoxide concentration at activation point.

2.2.5. Low fuel oil pressure cutoff switch not plumbed correctly, does not have test port or locked open only isolation valve.

Contractor Shall: Properly plumb Low Fuel gas Pressure Cutoff Switch.

2.2.6. Low pilot Fuel Gas pressure cutoff switch range is incorrect.

Contractor shall: remove and properly dispose of, supply and install a LPFGPC with intended activation point falling within the middle third of its operational range. Regulated pressure is approx. 8 inches water column. Plumb lock open only isolation valve and test port.

2.2.7. Low Fuel Gas Pressure Cutoff Switch not plumbed in correctly

Contractor shall: Properly plumb lockable only open isolation valve and test port for Low Fuel gas Pressure Cutoff Switch as shown on page 61 of VHA Boiler Safety Device Testing Manual 5th Edition.

2.2.8. Low Fire Proving Switch Gas Valve setpoint too high.

Contractor shall: Adjust/relocate Low fire proving switch for natural gas valve switch activation / break point. Switch must be open at 10% or less of the gas valve stroke/range.

2.2.9. Forced Draft Motor Current Relays not installed.

Contractor shall: supply and Install Clamp on unlatchable current relays on each phase leg leading to the forced draft fan. Each current relay must be wired in series and wired into the Fireye running interlock. Current relays must located in separate enclosure with room for testing and no exposed high voltage wiring.

2.2.10. Automatic Fuel Oil Shutoff Valve is leaking (Upstream)

Contractor shall: Remove and properly dispose of, supply and install upstream fuel oil automatic shutoff valve. Valve must have Proof of Closure. Retest to ensure new valve doesn’t leak. Add test port downstream of second fuel oil automatic shutoff valve to facilitate testing.

2.2.11. Liquid relief valve on economizer could not be tested due to lack of isolation valves and test ports.

Contractor shall: supply and Install isolation valves and test ports on economizer to allow for testing in accordance with VHA Boiler Plant Safety Device Testing Manual.

2.3. Condensate tank:

2.3.1 High and low water alarm on condensate tank are of the wrong type (Should be probe type) and are at the wrong level (Should be at 2/3 and 1/3 tank height level) and should be separate water columns. The water column isolation valves should also be lock open only.

Contractor shall: supply and Install Probe type high and low water level alarms on the condensate tank at 2/3 tank height level for high water alarm and 1/3 tank height level for low water alarm using separate water columns as prescribed in VHA Boiler plant Safety Device Testing Manual. Also ensure water column isolation valves have lock open only locking devices installed.

2.4. Stickle DA tank Model 200-4.5 Serial Number 09-2366

2.4.1. High water alarm on the DA tank switches are on the same column and of the wrong type. Per the VHA Boiler Plant Safety Device Testing Manual DA high-level alarm shall be a conductivity probe type.

Contractor shall: remove and properly dispose of level switches, supply and install high water probe type alarms and ensure it meets functionality requirements of the VHA Boiler Plant Safety Device Testing Manual (different columns with lock open only valves, and actuates at proper level)

2.4.2 Low water alarm switches on DA tank are not at the correct level. Should be at 1/3 of tank diameter and on separate water column with lock open only valves.

Contractor shall: Re-pipe the low water level alarm switches to appropriate levels in separate columns isolated by lock open only valves per VHA Boiler Plant Safety Device Testing Manual

2.4.3 Deaerator overflow drain system overflow valve does not fail open as required.

Contractor shall: Remove and properly dispose of, supply and install new fail open valve to fail open.

2.5 Fuel oil pump

2.5.1 Liquid relief valve on oil pump set lift pressure is too high (currently 37PSI above regulated pressure

Contractor shall: Reset or replace relief valve to ensure lift pressure is <10PSI above operating pressure

All work shall be tested and inspected by the contractor, witnessed by the COR as required in VA standards and requirements. This includes but is not limited to the pressure testing of new piping systems, the inspection of welding on steam systems and the testing of electrical systems.

3. CONTRACTOR QUALIFICATIONS:

The contractor, and the contractor’s employees and individuals who will perform work under this contractor must meet qualifications listed to perform the work outlined and submit copies of professional certifications and or licenses for Government approval. Contractor shall submit a list of authorized personnel and their qualifications to be used under this contract with their quote.

1) Individuals welding on the steam header before the second isolation valve must be ASME code certified and the inspection of those welds must be done by an ASME certified inspector. Complete documentation on the inspection shall be provide prior to accepting work.

2) State licensed mechanical, electrical, and other contractors that will provide construction services as specified in the design documents.

3) All field staff personnel shall meet or exceed the technical and experience requirements outlined in VHA Code References for Boiler Plant Safety Device Inspection/Testing Requirements | Healthcare Environment and Facilities Programs (va.gov)

4. SPECIAL TECHNICAL REQUIREMENTS

· Within 1 (one) week of award, but prior to the commencement of work, contractor shall provide a detailed project schedule and Work Plan for Government Approval, with the following milestones to the CO and COR:

· Start and end dates for phases of the work

· Timelines for:

· Shut down of roadways or obstruction of facility areas

· All anticipated service outages

· Any applicable testing

· Complete and provide Safety Plan for work process.

· The COR shall have three calendar days to approve/reject the project schedule. An approved project schedule is required prior to commencement of physical work.

· Disruption to facility operations due to completion of the statement of work must be coordinated through the COR.

· Contractor will comply with all OSHA, VA Directives, and VA safety guidelines to include required PPE and lockout/tagout procedures.

· Contractor will supply all tools and equipment required to perform the stated work.

· All Contractor personnel working on-site at the Phoenix VAHCS facility shall check in and out through the Maintenance & Operations Administrative area located in Building 2 Room H107-2. Access to work areas and performance monitoring will be provided by VA Maintenance & Operations personnel.

· Any overtime labor or parts not previously approved must go through the Contracting Office and Operations Supervisor.

5. TECHNICAL SPECIFICATIONS/REGULATIONS

The following are provided at: https://www.cfm.va.gov/TIL/

· VA Master Construction Specifications (PG-18-1)

· VA Master Specification 23 21 11 Boiler Plant Piping Systems

· VA Design and Construction Procedures (PG-18-3)

· VA Electrical Design Manual

· VA Steam and Outside Steam Distribution Design Manuals

6. HOURS OF COVERAGE:

A. Normal facility hours are Monday through Friday from 6:00 am to 6:00 pm Arizona time (no daylight savings). The Boiler plant operates 24 hours a day, 7 days a week, 365 days a year.

B. Contractor is encouraged to complete work during hours of minimal impact to facility operations. Services shall be coordinated with the COR designee. Services outside normal hours shall be at no additional cost to the government.

C. Federal Holidays observed by PVAHCS are located at:

https://opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=Overview

7. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

· The Contractor's FSEs shall wear visible identification issued by PVAHCS Police Section at all times while on the premises of PVAHCS. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. PVAHCS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at PVAHCS. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

· Contractor personnel shall comply will all PVAHCS policies regarding health and security measures to enter PVAHCS facility. Measures may include but are not limited to answering health screening questions, having temperature taken, or any other measures PVAHCS may use to maintain health and safety of public entering facility. Current policies shall be distributed and updated as needed by the COR.

8. INFORMATION SECURTIY AND PRIVACY CONSIDERATIONS:

· During contract performance, contractor may require access to VA facility, equipment, But, not to VHA information systems, or sensitive data; to maintain or repair equipment.

· In reference to VHA Handbook 6500.6 Appendix A, Block 6. The services provided under this contract does not require the connection of vendor provided software or hardware to a VA computer or network. Therefore, no security accreditation package is required.

· In reference to VHA Handbook 6500.6 Appendix A, Block 7. The services provided under this contract does not require direct access to VA sensitive information, through storage, transmission or exchange.

· (Appendix B) The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA/VHA Directives and Handbooks regarding information protection, patient privacy, and information system security as delineated in this contract.

· VA Privacy Training for Personnel without Access to VA Computer Systems or VA Sensitive Information is VA TMS training course (VA20939) and must be completed annually by all contract personal performing services at VA facilities two or more consecutive days. Training can be completed at https://www.tms.va.gov/secureauth35/. Proof of training must be provided to COR upon request.

36C25821Q0235

END OF STATEMENT OF WORK

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.4 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b).