RFQ 36C25925Q0768.docx

36C25925Q0768

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25925Q0768 08-27-2025 John K. Cheng

(303) 712-5776 09-05-2025 12:00

MDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 221310 $41 Million NET 30 Days N/A X 36C660 Department of Veterans Affairs VA Salt Lake City Health Care System George E. Wahlen VA Medical Center 500 Foothill BLVD Salt Lake City UT 84148 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Water System Chemical Treatment Services for the VA Salt Lake City, UT in accordance with the Statement of Work(SOW).

Solicitation questions must be received via email to:

john.cheng2@va.gov by no later than 12:00pm MDT 9/ /2025.

All offers must be received by email to: john.cheng2@va.gov by no later than 12:00pm MDT on 9/5/2025.

Notice of SDVOSB total set-aside, pages 2 , applies to all items in this solicitation and requires signature.

Review the Special Standards of Responsibilities (SSRs) in sections E.1 and E.2 on pages of this document.

U.S. Department of Labor Wage Determination No.:

DOL WD 2015-5489 Rev 27 for Salt Lake County applies.

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 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

Page 1 of Page 1 of

B.2 STATEMENT OF WORK (SOW)

Chemical Treatment for Cooling Towers, Boiler Plant Systems, Closed Loop Systems, Brine Tanks, Reverse Osmosis, Water Softener, and Deionizing Units SECTION A – General Information

1. Scope of Work: the contractor must provide Water Chemistry Testing and Monitoring, supply of chemicals, basic laboratory equipment, modifications of chemical injection systems for Government owned steam boilers, cooling towers, water & Glycol closed loop systems, Water Softeners, Dealkalyzers, Condensate Polisher, Reverse Osmosis (RO), and Deionizing (DI) Units (see attached equipment/maintenance list, section B.

2. Location: VA Salt Lake City Healthcare System (VA SLCHCS), 500 Foothill Blvd., Salt Lake City, Utah 84148.

3. Period of Performance:

4. Hours of Operation: All services must be scheduled with the Contracting Officer’s Representative (COR) to prevent facility operational scheduling conflicts during normal business hours listed below:

7:00 a.m. to 4:30 p.m., mountain time, Monday through Friday, except the following Federal holidays: New Year’s Day, Martin Luther King's Birthday, President's Day, Memorial Day, Juneteenth, July 4th, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas Day.

Note: Scheduled visits shall not be canceled once scheduled without the express consent of the COR.

Response time – contractor’s representative shall respond with a phone call to the COR or designed alternate within 2 hours after receipt of telephoned notification. A qualified technician must respond on-site within 12 hours after of the initial request for service, unless specified otherwise by the COR or designated alternate.

5. Access Requirements: All contractor personnel working onsite at the VA facility must check in and out with the on-duty Boiler Plant Operator in Building 6. The COR shall ensure contractor personnel are badged IAW applicable VA Policy.

SECTION B

1. Contractor Qualification Requirements and Performance Deliverables Required:

a. The contractor firm must be registered with the Utah Division of Occupational and Professional Licensing (DOPL).

b. The contractor’s chemical engineer or chemist who must oversee work performed by the contractor’s technicians must have a bachelor’s of science degree in chemistry, chemical engineering, or related science/engineering field from an accredited US University. In addition, the contractor’s chemical engineer or chemist must have a minimum of three (3) years of experience in water treatment services and supervisory roles related to servicing of Boilers, Cooling Towers, RO, DI, Water Softeners, and Closed Loop Systems.

c. The contractor’s technicians must have at minimum the certification or formal training in water treatment or a related field. In addition, the contractor’s technicians must have a minimum of three (3) years of experience or be directly supervised by a technician with a minimum of three (3) years of experience in collecting samples, testing & analysis, and servicing of Boilers, Cooling Towers, RO, DI, Water Softeners, and Closed Loop Systems.

Note: Any changes in contractor personnel during the awarded contract, must be communicated via e-mail and approved by the COR prior to the performance of any service and testing. Should the need arise for unapproved contractor personnel who meet the qualification requirements to provide testing on Government owned equipment, the contractor must email a copy of the above required documentation to the COR prior to the performance of any testing.

No unqualified individual shall be allowed to perform services under this contract. Technician trainees or other unqualified individuals may assist or observe; however, they shall not be allowed to do so if their presence delays the progress of the servicing to be accomplished. The Government shall NOT pay for unqualified individuals or technician trainees present.

2. Deliverables: All communications, recommendations and design calculations must be performed and prepared by the contractor’s Chemist or Chemical Engineer. Additionally, in case of emergencies, all chemicals must be capable of being delivered to the VA SLCHCS within 12 hours of notification.

a. EQUIPMENT / MAINTENANCE LIST

Once every 2 Weeks

b. BOILER PLANT AND COOLING TOWER SYSTEMS

i. The CONTRACTOR must provide the following information and services:

· The contractor must supply a formulation summary with % actives disclosed for each of the products intended to treat the cooling tower and boiler systems. A one-gallon sample of each formulation should be sent with the proposal. These should include a safety data sheet(SDS) and certificate of compliance so that the % actives can be verified by the COR or VA technical designee. The VA may, at their discretion, have the samples analyzed for formulation accuracy.

· Condensate treatment must be fed in accordance with the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) guidelines while maintaining an iron level in the condensate less than 0.10ppm as Fe.

· The contractor must provide Testing Chemicals (reagents, titrants, indicators, etc.) at no additional cost to the VA Medical Center.

· The contractor must deliver and pump Chemicals into the VA SLCHCS’ bulk tanks.

· The contractor must perform Water Testing and Service of both the Boiler and Cooling Systems once every two weeks. (The tests in the tables below should be done at a minimum. If the contractor believes additional testing is needed, they must coordinate with the COR prior to performing the work, so that the COR can make the decision.

· Provide chemical treatment and sampling/reporting for the Combined Heat and Power (CHP) Boiler and cooling tower.

· Provide Boiler Plant Operator with a record sheet for recording Operator’s Daily water test, as needed.

· On testing visits check differences in test results. Give recommendations to improve water treatment.

ii. The monthly test results shall be given in the following manner:

· Contractor must provide an analysis of water samples, inorganic and organic deposits, metallurgical samples, and scanning electron microscope (SEM) energy dispersive spectroscopy (EDS) analysis of inorganic samples as a part of this contract once a year.

· Contractor must provide inspection of boilers and chillers as they become available or are open. Written report of observations and recommendations for improved treatment must be made with each inspection.

· Contractor must provide onsite testing for bacteria in cooling water system with each month testing. Written report will be given before leaving station.

3. Reporting. The contractor must provide a detailed report within 24 hours of each visit to the Contracting Officer’s Representative (COR) via email, and include the result of each sample taken, clear indication of any out of specification conditions, details on how each out of specification was remedied, chemical tank levels and usage, and recommendations for improvements. Additionally, the contractor will provide a report at the end of each month, with detailed summaries for each system, and will include charts and graphs showing trends for each system. Failure to provide will result in a delay of payment.

4. Testing. The following tests are required, and the results will be given in the format shown below. Another format can be proposed, but results must include the following tests at a minimum.

Table 1. Steam Boiler System Testing

Table 2. Cooling Towers and Chilled Water Plant

Cooling Tower and Chilled Water Plant Systems Test the cooling tower and chilled water plant systems every 2 weeks. The testing in Error! Reference source not found. shall be performed, at a minimum, during each of the service visits.

Table 3. Glycol Systems

Glycol Systems Testing on closed loop glycol systems will be performed quarterly. Error! Reference source not found. will be the minimum set of tests that should be performed. Testing will be coordinated with the COR for access to the glycol systems. There are a total of 19 glycol systems across the campus currently.

Table 4. Reverse Osmosis Systems

Reverse Osmosis Systems Research RO System The Research RO system will be tested once each month. The salt rejection percent, normalized pressure drop, normalized permeate flow and normalized salt rejection will be tracked and trended to determine when the RO membranes will need to be replaced. The replacement of membranes will be quoted to the VA and upon approval of the quote will be performed by the contractor.

In addition, the DI bottles will be replaced within 90 days.

SPS RO System The SPS RO system will be tested once each month. The salt rejection percent, normalized pressure drop, normalized permeate flow and normalized salt rejection will be tracked and trended to determine when the RO membranes will need to be replaced. The replacement of membranes will be quoted to the VA and upon approval of the quote will be performed by the contractor.

In addition, the SPS RO UV bulb will be replaced once annually.

Blood Lab RO/DI System This system will be maintained by the contractor. The annual preventative maintenance parts and labor will be provided and performed by the contractor. Unique system failures will be quoted to the VA for repair and replacement. Once approved, the contractor will perform that work.

Table 5. Hydronic Systems

Closed Hydronic Systems Testing on closed loop water systems will be performed monthly. Error! Reference source not found. will be the minimum set of tests that should be performed. Testing will be coordinated with the VA Medical Center staff for access to the glycol systems. There is a total of 18 hydronic systems across the campus currently.

The VA will notify the contractor in the event of a system leak or other unique condition requiring attention and treatment. Testing will be provided in the instance of a leak, or other urgent condition.

Plant Softeners The annual forecast of 800,000 LBs of Salt will be supplied and delivered to the VA for the plant softeners. There are hospital softeners in building 42, Building 14, Building 6 and Building 2. The salt will be delivered and added into the Water Softener Systems. Additionally, design considerations and analysis for softeners necessary to meet the VA Hospital’s process needs will be provided prior to supply and delivery.

Miscellaneous Consultation: The contractor shall participate, as required, as a technical consultant on the VA Hospital’s Water Safety Committee, which is minimal around 2-3 times per year that can be done remotely and that are short in duration.

Unscheduled Maintenance. The contract shall allocate an allowance of $10,000 for critical parts, supply of chemicals (not routine salt resupply for softeners), and services & testing for unscheduled maintenance (not preventive maintenance) troubleshooting and repairs. The contractor must provide their company’s quote of parts, chemicals, and/or labor rates that must include the quote from their supplier to the COR. The COR shall review the contractor’s quote for price reasonableness and ensure there are funds available from the unscheduled maintenance allowance. These critical parts and services must be delivered and invoiced as a separate line item only when requested and approved by the COR. The remainder of this separate line item will be defunded at the end of each contract period.

Note: If there is insufficient funds remaining for required unscheduled maintenance, only the Contracting Officer (CO) shall approve additional funding through a contract modification.

List of Misc critical parts, chemicals include but are not limited to the following:

Boiler Chemical Feed Pumps

Cooling Tower Chemical Feed Pumps

Chemical Feed Injectors

Motorized Boiler Blowdown Valves

Boiler Conductivity Sensors

Cooling Tower pH, Conductance, ORP or Flow Sensors

Laboratory Glassware (breakers, flasks, pipets, graduated cylinders, vials, etc.)

Corrosion Inhibitor for Hydronic Systems

Chemical Storage Tanks

Reverse Osmosis Membranes, Pressure Gauges, Filters, etc.

Chlorine Dioxide Generating Chemicals

Chlorine Dioxide Analyzing Reagents

Note: The VA will notify the contractor in the event of a system leak or other unique condition requiring attention and treatment. Testing will be provided in the instance of a leak, or other urgent condition.

Annual Training: The contractor shall provide annual training to all boiler operators, the COR, and COR’s designated representatives at a minimum based on the contractor’s inspection checklists, record sheets, the contractor’s test equipment, and proper handling/use the chemicals supplied by the contractor. The purpose of the training is to establish the same continuity of processes and standards from the contractor’s technicians and VA operators for daily operations. Moreover, the training also requires review of common issues found by the contractor’s technicians to establish preventive controls and best practices. The training will be coordinated by the COR with the contractor at the beginning of the contract award and coordinated annually thereafter as a refresher to reinforce the standardization of testing and inspection procedures. Finally, the training shall consist of both a formal classroom training followed by onsite practical hands-on training on the VA equipment with the contractor’s provided equipment and supplies.

SECTION C

SPECIAL CONTRACT REQUIREMENTS

1. HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

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

b. GENERAL

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

(a) All hazards to which they may be exposed.

(b) Relative symptoms and appropriate emergency treatment; and

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

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

(3) Contractors shall submit hazardous material identification on the following:

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

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

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

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

2. PERSONAL PROTECTIVE EQUIPMENT (PPE)

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

(End of Statement of Work)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Routine Water System Chemical Testing, Monitoring, and Maintenance Treatment Services provided by the Contractor in accordance with the SOW.

Contract Period: Base POP Begin: 09-10-2025 POP End: 09-09-2026 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: H946 - Other Quality Control, Testing, and Inspection - Water Purification and Sewage Treatment Equipment

Plant Softener Salt supply and delivery services in accordance with the SOW.

(Estimated annual forecast is 800,000 LBs) Contract Period: Base POP Begin: 09-10-2025 POP End: 09-09-2026

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

Annual allowance for critical parts, supply of chemicals (not routine salt resupply for softeners), and services & testing for unscheduled maintenance (not preventive maintenance) troubleshooting and repairs in accordance with the SOW.

Contract Period: Base POP Begin: 09-10-2025 POP End: 09-09-2026

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

Base Year Total $_________________

Routine Water System Chemical Testing, Monitoring, and Maintenance Treatment Services provided by the Contractor in accordance with the SOW.

Contract Period: Option 1 POP Begin: 09-10-2026 POP End: 09-09-2027

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

Plant Softener Salt supply and delivery services in accordance with the SOW.

Contract Period: Option 1 POP Begin: 09-10-2026 POP End: 09-09-2027

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

Annual allowance for critical parts, supply of chemicals (not routine salt resupply for softeners), and services & testing for unscheduled maintenance (not preventive maintenance) troubleshooting and repairs in accordance with the SOW.

Contract Period: Option 1 POP Begin: 09-10-2026 POP End: 09-09-2027

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

Option Year 1 Total $_________________

Routine Water System Chemical Testing, Monitoring, and Maintenance Treatment Services provided by the Contractor in accordance with the SOW.

Contract Period: Option 2 POP Begin: 09-10-2027 POP End: 09-09-2028

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

Plant Softener Salt supply and delivery services in accordance with the SOW.

Contract Period: Option 2 POP Begin: 09-10-2027 POP End: 09-09-2028

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

Annual allowance for critical parts, supply of chemicals (not routine salt resupply for softeners), and services & testing for unscheduled maintenance (not preventive maintenance) troubleshooting and repairs in accordance with the SOW.

Contract Period: Option 2 POP Begin: 09-10-2027 POP End: 09-09-2028

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

Option Year 2 Total $_________________

Routine Water System Chemical Testing, Monitoring, and Maintenance Treatment Services provided by the Contractor in accordance with the SOW.

Contract Period: Option 3 POP Begin: 09-10-2028 POP End: 09-09-2029

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

Plant Softener Salt supply and delivery services in accordance with the SOW.

Contract Period: Option 3 POP Begin: 09-10-2028 POP End: 09-09-2029

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

Annual allowance for critical parts, supply of chemicals (not routine salt resupply for softeners), and services & testing for unscheduled maintenance (not preventive maintenance) troubleshooting and repairs in accordance with the SOW.

Contract Period: Option 3 POP Begin: 09-10-2028 POP End: 09-09-2029

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

Option Year 3 Total $_________________

Routine Water System Chemical Testing, Monitoring, and Maintenance Treatment Services provided by the Contractor in accordance with the SOW.

Contract Period: Option 4 POP Begin: 09-10-2029 POP End: 09-09-2030

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

Plant Softener Salt supply and delivery services in accordance with the SOW.

Contract Period: Option 4 POP Begin: 09-10-2029 POP End: 09-09-2030

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

Annual allowance for critical parts, supply of chemicals (not routine salt resupply for softeners), and services & testing for unscheduled maintenance (not preventive maintenance) troubleshooting and repairs in accordance with the SOW.

Contract Period: Option 4 POP Begin: 09-10-2029 POP End: 09-09-2030

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

Option Year 4 Total $_________________

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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

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

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

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

(End of Clause) C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small…