36C26022Q0028.docx

36C26022Q0028

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.

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 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. 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

687-22-2-547-0004 36C26022Q0028 10-29-2021 Laura Davis 253.888.4920 11-19-2021

5PM

PDT

36C260 Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont WA 98327 X X 561210 $41.5 Million

NET 30

N/A X 36C687 Department of Veterans Affairs Walla Walla VAMC See SOW

36C260 Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont WA 98327

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Boiler Safety Device Testing and Boiler Plant Inspection and Certifications Period of Performance:

Base Period: 1 January 2022 - 31 December 2022 Option One: 1 January 2023 - 31 December 2023 Option Two: 1 January 2024 - 31 December 2024 Option Three: 1 January 2025 - 31 December 2025 Option Four: 1 January 2026 - 31 December 2026 This is an SDVOSB Set-aside - See Section C5 Questions: Section E1 See CONTINUATION Page 687-3620162-547-855100-2548 010050100 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 36C260 Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont WA 98327

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Annual inspection and certification of boilers and boiler safety devices Contract Period: Base POP Begin: 01-01-2022 POP End: 12-31-2022

Annual inspection and certification of boilers and boiler safety devices Contract Period: Option 1 POP Begin: 01-01-2023 POP End: 12-31-2023

Annual inspection and certification of boilers and boiler safety devices Contract Period: Option 2 POP Begin: 01-01-2024 POP End: 12-31-2024

Annual inspection and certification of boilers and boiler safety devices Contract Period: Option 3 POP Begin: 01-01-2025 POP End: 12-31-2025

Annual inspection and certification of boilers and boiler safety devices Contract Period: Option 4 POP Begin: 01-01-2026 POP End: 12-31-2026

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B.3 STATEMENT OF WORK (SOW)

Background The Department of Veterans Affairs Medical Center, 77 Wainwright Drive, Walla Walla, WA 99363, has a central high-pressure boiler plant that provides steam for heating and air conditioning, domestic hot water, kitchens, sterilization, and laundry. The VA has a requirement for internal and external inspections on high pressure (over 15 psig) steam boilers and internal and external inspections on feed water de-aerator. Contractor shall provide qualified inspectors to perform burner and instrument inspecting; testing; and calibrating burners, controls and instruments, and testing of all safety devices in order to meet the needs of the VA.

Place of Performance All work under this contract is to be performed at the following location:

Walla Walla VA Medical Center 77 Wainwright Dr.

Walla Walla, WA 99362 Scope The Contractor shall provide certified labors, Qualified Inspectors and Certified Non-Destructive Testing Technicians; labor; materials; and equipment to perform required boiler and feed water de-aerator pressure inspections, to include but not limited to burner and instrument inspecting; testing; and calibrating burners, controls, and instruments and testing of all safety devices.

The Contractor shall provide require reports in accordance with defined Report Requirements.

The Contractor shall have to make multiple visits to VAMC facility during the year to inspect all boilers internally, as the VA needs to maintain steam service, therefore, typically only one boiler at a time will be scheduled for internal inspections per inspection visit.

In January and June of each year, the contractor shall check tuning and calibration of each boilers that are not offline; test all safety switches on boilers and feed water De-aerator in accordance with the guidelines in the current issue of the NATIONAL BOARD INSPECTION CODE, Part RB; In-service Inspection of Pressure-Retaining Items and ASME Boiler and Pressure Vessel Code, Section VI or VII as applicable. The safety device testing manual 5th edition, requires combustion checks (o2, Co, Co2, Nox, and efficiency’s) across the throttle range from low to high fire.

The Contractor shall perform Boiler and Feed water De-aerator inspections on an annual basis as required in the months of January and July. In addition to these guidelines, inspections shall comply with all references and requirements listed in the Statement of Work, but not limited to the inspection requirements listed below.

Inspection Requirements Annual internal and external inspections are required for each boiler. Internal inspections of the feed water de-aerator pressure vessel are required every six years or more frequently if welding repairs have been performed.

Contractor shall coordinate with POC to schedule an inspection. The Contractor shall ensure coordination and scheduling of any inspection is conducted at least two weeks prior to the intended date of an inspection. Inspections must be scheduled for periods when the VA determines that the boilers that will be inspected internally will not be needed for steam supply and when the POC or his/her designate is available on site to monitor the inspections. To maintain steam service, typically only one boiler at a time will be scheduled for internal inspections per inspection visit. Thus, multiple visits per VAMC facility will be necessary every year to inspect all the boilers internally.

Feed water de-aerator pressure vessel inspections must be scheduled during periods of low steam demand.

Coordinate the inspection schedule with the POC so that VAMC can prepare the boilers and feed water de-aerator for the inspections in advance and have personnel available to monitor the inspections.

Boilers scheduled for internal inspection will be prepared/opened for the inspection by VAMC boiler plant operator prior to the scheduled arrival of the inspector. This includes cooling the boilers to near ambient temperature and having all man ways, hand holes and furnace access doors open; the boilers cleaned of loose materials waterside and fireside; electrical "lock-out, tag-out" in place; connecting piping isolated; proper illumination provided; compliance with "confined space" access requirements including having safety personnel present in the boiler plant. VA boiler plant operator will be available to serve as watchman for this purpose. VA will provide an oxygen analyzer (monitor) for confined space work. Similar advance preparations will be made to the feed water de-aerator when it is scheduled for internal inspection. VAMC boiler plant operator will then install VA provided gaskets and close the boiler upon completion of inspection.

VAMC will comply with any other requirements of the inspector that are considered reasonable by VAMC and have been presented in writing at least two weeks prior to the scheduled inspection.

The boiler and feed water de-aerator inspections shall comply with the guidelines in the current issue of the NATIONAL BOARD INSPECTION CODE, Part RB, In-service Inspection of Pressure-Retaining Items, and ASME Boiler and Pressure Vessel Code, Section VI or VII as applicable. In addition to those guidelines, the inspections shall comply with all requirements listed in statement of work.

The inspector must completely enter the internal spaces of the boiler or feed water de-aerator and visually inspect all internal surfaces that can be accessed.

Contractor will make 2 visits per year, 6 months apart for both safety device testing on operational boiler and internal inspections on open boilers.

The boiler inspection can be completed within the same week. One visit would include 2 boilers operational for safety device testing, and then 1 boiler for internal inspections. Second visit would include 1 boiler operational for safety device testing, and 2 boilers for internal inspections.

Methods for testing safety devices shall comply with VI-IA Boiler Plant Safety Device Testing Manual, 5th Edition. http://vaww.ceosh.med.va.gov/ Summary of the minimum inspection requirements for boilers Review the boiler history including: operating conditions, date of last inspection, current inspection certificate, ASME stamping on boiler, National Board registration number, history of repairs and modifications. Review boiler logs, water test reports, and reports on tests performed on the burner controls and interlocks.

Assess the external parts of the boilers and boiler accessories and piping and valves for safety, accessibility, proper maintenance and operation, cleanliness, and compliance with codes.

Inspect for evidence of leakage of combustion gases or fluids, externally and internally, including all gaskets.

Inspect foundations for signs of stress such as cracking or movement.

Inspect boilers externally and internally for defects including bulges, blisters, cracks, wasted or eroded material, warping, general corrosion, grooving and pitting, damaged insulation.

Inspect all accessible internal surfaces for waterside and fireside deposits, including scaling, sediment, debris, carbon deposits.

Examine all stays and stayed plates.

Inspect gas side baffles.

Inspect internal drum surfaces and steam separating internals.

Inspect soot blowers and verify proper alignment.

Inspect tubes, tube ends and tube alignment; check for sagging tubes.

Set combustions for boilers number one, two, and three, on natural gas and number two oil.

Test all safety devices and perform annually required accumulation tests on boilers one, two and three.

Verify that all nozzles of internal piping such as feed water admission and bottom blow off collection are clear with no obstructions.

Inspect seating surfaces of man ways and hand holes.

Check that boiler structure is plumb and level with no excessive deformations. Check for missing items such as bolts and nuts.

Examine all valve and pipe connections to the pressure vessel.

Inspect refractory including burner throat, expansion joint, bull ring, furnace seals, furnace walls and floor.

Verify proper alignment of burner assembly.

Inspect furnace for evidence of flame impingement.

Test operation of water level gage glass.

Perform mechanical and electrical inspection of disassembled low water cutouts (disassembly by VA). After reinstallation, test operation to the extent possible. Test low water cutouts on hot boilers by lowering water level gradually.

Verify that steam pressure gage is properly calibrated.

Test operation of high steam pressure cutouts on hot boilers by raising steam pressure. Inspect safety valve installations and verify that the valves have proper capacity and set pressure and valves, drains and vents are properly installed. Verify that valve locking seals are not broken. On boilers that are hot, perform an operation test under pressure to confirm operation at proper set pressures. Operate boiler with burner at high fire to verify adequate steam flow capacity of the safety valves ("accumulation test").

Inspect piping connected to the boilers for evidence of leakage, provision for expansion, provision of adequate support, proper alignment, and evidence of detrimental conditions.

Inspect piping to the water column, low water cutoffs and alarms, gage glass. Verify that interior of piping is clear of obstructions.

Inspect valves on boiler feed water, blow down, drain and steam systems. Perform service and Calibration of boiler instrumentation and controls.

Provide recommendations for non-destructive testing when the inspections indicate that this is necessary to assure continued safety and reliability under current operating conditions.

Summary of the minimum inspection requirements for Feed water De-aerators:

Review the feed water de-aerator history including: operating conditions, date of last inspection, current inspection certificate, ASME stamping, National Board registration number, materials of construction, extent of post weld heat treatment, history of repairs and modifications.

Assess the external parts of the feed water de-aerator and accessories and piping for safety, accessibility, cleanliness, proper operation, and compliance with codes.

Test hazardous gas monitoring system.

Inspect for evidence of leakage.

Note feed water de-aerator pressure gage and thermometer readings and verify gage and thermometer accuracy.

Inspect safety valve installation and verify that the valves have proper set pressure and capacity and are properly installed. Perform an operation test under pressure to confirm operation at proper set pressures. Verify that the de-aerator can safety withstand the test pressure prior to testing the valve(s) in-situ.

Verify that non-condensable gas vent line is open and proper orifice is provided to permit venting of gases.

Inspect support structures for proper integrity and allowance for thermal expansion.

Internal Inspections every six years unless otherwise required by VA due to welding repairs or as required should an external Inspection(s) fail within the six-year time interval.

Visually inspect all visible pressure vessel surfaces for corrosion, material thinning, deposits, and weld cracking.

Inspect spray nozzles and trays.

Certified American Society for Non-Destructive Testing (ASNT) Level II technicians shall perform non-destructive tests using the wet fluorescent magnetic particle (WFMT), ultrasonic testing (UT), and any other necessary non-destructive tests.

Completely examine all accessible welds utilizing the WFMT test method. Properly prepare the surfaces before testing.

Determine pressure vessel material thickness by UT. Thickness measurement locations shall be selected by dividing the storage tank heads into quadrants and taking measurements at each quadrant on two imaginary rings in each head (eight measurements total). Measurement locations on the shell shall be on each of the quadrants, on four to six locations along the length of the shell (16 to 24 measurements total). The technician may recommend fewer or more tests to the owner, providing justification.

Typically, the pressure vessel section containing the de-aerator trays and sprays is not accessible for non-destructive testing. The experience is that this section, which is mainly exposed to steam, is less vulnerable to weld failures and material thinning than the storage section which contains condensate and make-up water.

Calculate maximum allowable working pressure rating of vessel based on thickness measurements. Calculate depletion rate of material thickness.

Notification/Coordination Five days prior to the approved scheduled inspection dates the contractor shall contact the POC for conformation that the scheduled date is still acceptable.

The Contractor shall report to the POC when arriving to perform the service. This check-in is mandatory. When the service is completed, the Contractor shall check out with the POC.

Specific questions shall be addressed to the building owner:

Jonathan M. Wainwright Memorial VA Medical Center, 77 Wainwright Drive, Walla Walla, WA 99362

Inspection Periodicity Contractor will perform annual inspection within 1st month of contract award. Additionally, all inspection to be completed by the 15th of month per periodicity. Only one boiler to be taken out of operation at a time. This results in 6 month intervals.

Deliverables Reports The Contractor shall furnish report within 30 days after completion in "Microsoft Word" format by email to the POC.

The Contractor shall provide complete written report fully describing all inspections and tests performed, findings, and recommendations. The condition of all items inspected shall be stated whether acceptable or deficient. All deficiencies shall include recommendations for resolutions.

The Contractor shall provide sketches and photographs as necessary and as requested by POC to show areas identified as not acceptable for continued service or requiring repair.

The Contractor shall include test data and calculations. Show locations and extent of all non-destructive testing by sketches.

The Contractor shall immediately report all safety-related deficiencies to the POC during the inspection visit.

The contractor shall provide recommendations on need for re-inspections after correction of deficiencies. Contractor shall provide CART with a quote should a re-inspection be needed.

Provide 1 copy of report to building owner, for deficiency correction. The building owner is:

Jonathan M. Wainwright Memorial VA Medical Center, 77 Wainwright Drive, Walla Walla, WA 99362

Inspection and Acceptance Criteria The POC is responsible for ensuring that work done under this contract is performed on time and to standard.

Maintenance and Repair Inspections. The Government reserves the right to make any test or inspection it deems necessary to make sure that all performance requirements are being maintained.

The Contractor and POC will work together to resolve deficiencies. Work not completed or not acceptable under general industry standards cannot be certified for payment.

Standards and Qualifications Standards “Reference Materials" are comprised of:

ASME Boiler and Pressure Vessel Code:

Section I - Power Boilers Section W - Heating Boilers Section VI - Care and Operation of Heating Boilers Section VII - Care of Power Boilers ASME B31.1, Power Piping Code ASME CSD-1, Controls and Safety Devices for Automatically Fired Boilers ANSI/NB-23, National Board Inspection Code NFPA 85, Boiler and Combustion Systems Hazards Code VHA Boiler Plant Safety Device Testing Manual, 2nd Ed. http://vaww.ceosh.med.va.gov/ Utilize National Board Forms NB-6 and NB-7 NATIONAL BOARD INSPECTION CODE, Part RB, In-service Inspection of Pressure-Retaining Items Qualifications:

The qualified “Professional Inspector” shall be versed with and have access to the current versions of "reference materials" defined below "and" shall meet one or more of the following criteria:

A boiler inspector who has a valid commission from the National Board of Boiler and Pressure Vessel Inspectors (NB).

A boiler inspector who has qualified by passing a written examination under the laws, rules and regulations of a jurisdiction of a state.

A boiler inspector who is regularly employed as a boiler inspector by a jurisdiction which has adopted and administers one or more sections of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code as a legal requirement, and has a representative serving as a member of the ASME Conference Committee.

The qualified "Certified Non-Destructive Testing Technicians" must meet the following criteria:

The technicians shall be Certified American Society for Non-Destructive Testing (ASNT) Level II certified in the non-destructive testing methods to be utilized. The certification shall be in accordance with the requirements of the American Society for Non-Destructive Testing (ASNT). Certified American Society for Non-Destructive Testing (ASNT) Level II Work Hours

Work Hours are defined as Monday through Friday from 8 a.m. to 4:30 p.m., excluding federal holidays or as otherwise arranged with the POC.

The ten holidays observed by the Federal Government are New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Also, any other day declared by the President of the United States to be a national holiday.

Risk Control The Contractor shall comply with all applicable Federal, State, and local laws and regulations to include responsibility to conform by current Occupational, Safety, Health Administration (OSHA) & Environmental Protection Agency (EPA) regulations while working on this facility. Contractor shall comply with Walla Walla VA safety, security, and COVID screening requirements.

Without additional expense to the Government, all Contractors’ shall obtain all licenses, and permits required to perform work under this contract.

Contractor is responsible for all reports required or requested by Federal, State and Local ordinances that pertain to any duties contained in the contract.

All Contractor employees must wear a reflective vest or suitable substitute.

Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to any Contractor’s representative, or others, as well as for any damage to any personal or public property that occurs during the performance of this contract that is caused by the Contractor’s fault or negligence.

Housekeeping. The Contractor shall leave areas where he performs work neat, clean and orderly.

Material Safety Data Sheets. The Contractor shall provide current Material Safety Data sheets (MSDS) for all hazardous materials brought into the building. This information will be provided to the Building Manager.

All damage done by the Contractor shall become the Contractor’s responsibility.

Contractor and/or Sub-contractor shall not have any history of previous safety violations at the Walla Walla VA campus.

Security Requirements Following Contract award, the Contractor is required to present a list of personnel and their qualifications, to include a contract manager that will supervise the performance of this contract to the Contracting Officer. All supervisory Contractor personnel shall be able to communicate well with the POC or designee. All Contractor employees are subject to current Medical Center Directives applicable to their conduct.

The contractor employees shall not have access to VA sensitive or computer information and will not require routine access to VA Facilities. The contractor employees shall have intermittent access only and will be escorted by VA employees while at VA Facilities. No background investigation is required.

Equipment to be Inspected and Maintained There are 3 boilers from CleaverBrooks and 1 feed water de-aeroator VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their POC or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

SECTION C - CONTRACT CLAUSES

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.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

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 from contract expiration.

(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 from contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause) C.4 FAR 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause – United States or its outlying areas means –

(1) The Fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and Northern Marina Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https://www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101, performed in whole or in part within the United States of its outlying areas.

(End of Clause) C.5 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.

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

[] 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.

[X] 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.

[] 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.

[X] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[X] 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.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned 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) (End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record.