36C26025Q0048.docx

36C26025Q0048

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

36C26025Q0048 02-10-2025 Derek Crockett

(360) 816-2760 02-21-2025 15:30

36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X

541380 $19 Million

N/A

36C663 Department of Veterans Affairs VA Puget Sound Health Care System

1660 S Columbian Way Seattle, WA 98108 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page The Puget Sound Health Care System - Seattle Campus and American Lake Campus requires monthly and annual tank inspection, testing, and reporting services.

This is notice of a total SDVOSB Set-Aside. Offerors must be registered as an SDVOSB in the SBA database at the time of offer to be eligible for consideration.

Offeror submittal requirements is in section E.6 basis of Award.

Vendor questions are due on or before 02/14/2025, 12:00 PST.

Offers will be accepted by email only at derek.crockett@va.gov on or before this close date of this solicitation on 15:30 PST 02/21/2024.

See CONTINUATION Page

Derek Crockett Contracting Officer

Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Seattle Campus - Monthly Inspection & Reporting Contract Period: Base POP Begin: 2025 POP End: 2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H399 - Inspection - Miscellaneous

Seattle Campus - Annual Inspection & Reporting

POP Begin: 2025 POP End: 2026

American Lake Campus- Monthly Inspection & Reporting

POP Begin: 2025 POP End: 2026

American Lake Campus- Annual Inspection & Reporting

POP Begin: 2025 POP End: 2026

LOCAL STOCK NUMBER: 1

Seattle Campus - Monthly Inspection & Reporting Contract Period: Option 1 POP Begin: 2026 POP End: 2027

Seattle Campus - Annual Inspection & Reporting

POP Begin: 2026 POP End: 2027

American Lake Campus- Monthly Inspection & Reporting

POP Begin: 2026 POP End: 2027

American Lake Campus- Annual Inspection & Reporting

POP Begin: 2026 POP End: 2027

LOCAL STOCK NUMBER: 1

Seattle Campus - Monthly Inspection & Reporting Contract Period: Option 2 POP Begin: 2027 POP End: 2028

Seattle Campus - Annual Inspection & Reporting

POP Begin: 2027 POP End: 2028

American Lake Campus- Monthly Inspection & Reporting

POP Begin: 2027 POP End: 2028

American Lake Campus- Annual Inspection & Reporting

POP Begin: 2027 POP End: 2028

LOCAL STOCK NUMBER: 1

Seattle Campus - Monthly Inspection & Reporting Contract Period: Option 3 POP Begin: 2028 POP End: 2029

Seattle Campus - Annual Inspection & Reporting

POP Begin: 2028 POP End: 2029

American Lake Campus- Monthly Inspection & Reporting

POP Begin: 2028 POP End: 2029

American Lake Campus- Annual Inspection & Reporting

POP Begin: 2028 POP End: 2029

LOCAL STOCK NUMBER: 1

Seattle Campus - Monthly Inspection & Reporting Contract Period: Option 4 POP Begin: 2029 POP End: 2030

Seattle Campus - Annual Inspection & Reporting

POP Begin: 2029 POP End: 2030

American Lake Campus- Monthly Inspection & Reporting

POP Begin: 2029 POP End: 2030

American Lake Campus- Annual Inspection & Reporting Option year 4 Contract Period: Option 4 POP Begin: 2029 POP End: 2030

LOCAL STOCK NUMBER: 1

B.2 DELIVERY SCHEDULE

Department of Veterans Affairs Puget Sound VA Medical Center Seattle, WA 9810

USA

B.3 PERFORMANCE WORK STATEMENT (PWS)

1. Contract Title. Tank Monthly and Annual Inspection Services.

2. Background.

The VA Puget Sound Health Care System (VAPSHCS) is required to comply with federal and state environmental regulatory requirements for the monthly and annual inspection of industrial tanks.

3. Scope.

The contractor shall provide all parts, travel, labor, and materials necessary to complete monthly and annual inspection, testing, and reporting for Aboveground Storage Tank (AST), Underground Storage Tank (UST), generators, tank systems, and all equipment listed below.

The contractor shall complete annual inspections of all the equipment listed below on or before August 1st during the base year and all option years.

The contractor shall complete 12 monthly on-site visual inspections per year of all equipment listed below during the base year and all option years. The government estimates the on-site visual inspections of tanks will take no more than one business day or 8 hours per campus location, these are estimates only and the government will not pay for travel costs to accomplish this any work.

The contractor shall submit the deliverable reports for both the onsite monthly inspection services and annual inspection services within 15 calendar days after completion of services.

The VHA COR must approve all scheduled dates for the monthly and annual on-site inspection services performed by the contractor. The contractor will submit all scheduled dates and times for review and approval by the VHA COR at least 30 calendar days in advance.

The contractor will be escorted by the VHA COR or designated VHA personnel during all on-site inspection services.

The following equipment listing by campus location is as follows:

EQUIPMENT LISTING:

SEATTLE CAMPUS – EQUIPMENT LISTING

TASKS & FREQUENCY

In addition to annual inspection and testing, the Contractor is required to conduct 12 monthly inspections and visits per annum by the end of each month for the base and all option years for all the equipment listed.

Monthly reporting of all equipment inspected is due 15 days after each monthly on-site inspection.

The Contractor is required to conduct 12 monthly inspections and visits per annum by the end of each month for the base and all option years.

Monthly reporting of all equipment inspected is due 15 days after each monthly on-site inspection

In addition to annual inspection and testing, the Contractor is required to conduct 12 monthly inspections and visits per annum by the end of each month for the base and all option years for all the equipment listed.

Monthly reporting of all equipment inspected is due 15 days after each monthly on-site inspection

Campus Locations:

VA Puget Sound Health Care System (VAPSHCS) Seattle Division, located at 1660 South Columbian Way, Seattle, WA 98108

VA Puget Sound Health Care System (VAPSHCS) American Lake Division, located at 9600 Veterans Drive Southwest, Tacoma, WA 98493 Hours of Coverage & Federal Holidays: Scheduled services shall be provided during regular day and time periods (Monday – Friday between 7:00am – 4:00pm), excluding the below Federal Holidays New Year’s Day Martin Luther King Jr.’s Birthday President’s Day Memorial Day Independence Day Juneteenth Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

5. General Standards & Contractor Certifications The below regulatory requirements are enforced through unannounced audits / inspections by the Environmental Protection Agency (EPA), Department of Ecology (ECY), Joint Commission, and VA Veterans Integrated Services Networks (VISN). Financial penalties are issued by the EPA and/or ECY when out of compliance. Below are the applicable environmental regulations and requirements VA PSHCS must comply with regarding the generation, use, handling, storage, and release of Petroleum, Oil (petroleum & nonpetroleum-based oils), and Lubricants (POL).

1. 40 CFR 112 Oil Pollution Prevention

2. STI Standard SP001 (STI001) - Standard for the Inspection of Aboveground Storage Tanks

3. WAC 173-180-330 Storage Tank Requirements

4. International Fire Code (IFC)

5. 40 CFR 280 Technical Standards & Corrective Action Requirements for Owners & Operators of Underground Storage Tanks

6. WAC 173-360A Underground Storage Tank Regulations

7. VAPSHCS Directive 7707 – Green Environmental Management System & Governing Environmental Policy

8. Contractors must be an established business with all the required licenses, fees, bonding, facilities, equipment, and trained personnel necessary to meet all requirements and perform the work.

Certifications:

1. The following requirements and certifications are needed to complete the work and whenever there are new employees performing work on the site. All applicable certificates, credentials, and/or license must be active and current.

a. The contractor inspecting and/or testing ASTs will provide the Contracting Officer Representative (COR) and Safety Department copies of their active and valid STI SP001 – Aboveground Storage Tank Inspector certifications.

b. The contractor inspecting and/or testing USTs will provide the Contracting Officer Representative (COR), Contracting Officer Technical Representative (COTR), and Safety Department copies of their active, unexpired, and valid certifications, credentials, and/or licenses per WAC 173-360A-0930.

1. The contractor agrees to comply with all applicable federal, state, and local regulations as well as the conditions of any permits, as may be amended and that may be promulgated.

2. The contractor agrees to indemnify and hold harmless the VAPSHCS from all damages assessed against the VAPSHCS because of the contractor’s failure to comply with all federal, state, and local regulations, permit conditions, and most current industry standards.

3. The contractor agrees that all services and items furnished under this contract shall comply with all federal, state, and local regulations, permit conditions, and most current industry standards. Said regulations including but are not limited to the following:

a. Titles 10, 29, 40, and 49 of the Code of Federal Regulations; and

b. Chapters 173, 246, and 296 of the Washington Administrative Code.

Spill Responsibilities

1. The contractor is solely responsible for all spills, leaks, or releases, which occur because of, or are contributed to be, the actions of its agents, employees, or subcontractors. In the event of a spill, leak, or release, the contractor agrees to take the following actions:

a. Evacuate and warn those persons that may be affected by the spill.

b. Immediately contact Emergency Response Agencies (i.e., call 911).

c. Contact VAPSHCS (GEM Program Manager) representative.

d. Clean up the spill in a manner that complies with federal, state, and local regulations and current industry standards.

Company Health & Safety Plan

1. The contracting company’s Health & Safety Plan (H&SP) shall cover all aspects of applicable work pertaining to this statement of work. The contractor’s H&SP shall apply to all work performed by the contractor and subcontractors that provide service at the VAPSHCS’s locations.

2. The Health & Safety Plan shall consist of (at minimum) the following topics:

a. Hazard Recognition (explosive risk, chemical exposure)

b. Personal protective equipment to be used on the job.

c. Reporting unsafe conditions/activities and avoiding actions and conditions that may result in an accident.

d. Site Control (stabilization work area, contamination control area, command control area)

e. Communication activities (notification of emergency response needs, fire, police, medical aid, and owner representative)

f. Decontamination procedures (used in the event of an emergency/contingencies)

g. Contingencies (Fire, detonation, spill, injury, personnel exposure)

h. Personnel qualifications and responsibilities methodology (How work is performed)

i. Site specific health & safety plan template

j. Emergency spill response procedure

Tasks.

Monthly Inspections:

The contractor shall conduct 12 on-site visual inspections of all equipment and tanks listed in the equipment listing for both the Seattle and American Lake Campus during the base and all option years. See Attachment A - Monthly Reporting Example.

The contractor shall submit the completed monthly report to the VHA COR and any designated VHA personnel within 15 calendar days after the completion of each on-site monthly inspection services.

In the event the VHA COR identifies discrepancies of the contractor’s submitted reporting deliverables for the monthly or annual testing, the contractor shall correct those discrepancies within 5 calendar days and at no additional costs to the government.

Task 1 – AST Inspection & Testing Sub-Task 1A – The following inspections and/or tests will be completed on an annual basis by an authorized STI SP001 – Aboveground Storage Tank Inspector. Non-destructive examination/testing will only be done in accordance with the facility’s Spill Prevention, Control, and Countermeasures Plan.

· The contractor will externally visually inspect the aboveground storage tank and document findings and corrective actions per the STI SP001 standard guidelines.

Areas of interest might include:

· Significant cracks or spalling (flakes of broken off material) in concrete pads and concrete secondary containment structures.

· Excessive or uneven settlement of the tank foundation, such as distortion and cracks around anchor bolts that attach a tank to an underlying concrete pad.

· Rust, pitting, and other visual evidence of corrosion on the exterior of metal tanks and ancillary equipment, especially at grade level, roof areas, and connections

· Deterioration of exterior coatings, such as rust spots and blisters

· Damage to insulation

· Evidence of leaks around the tank or ancillary equipment, such as discoloration of coatings

· Cracks or evidence of leaks at joints and welds, especially at connections.

· Loss of metal thickness on the tank bottom and sides

· Cracks on fiberglass tanks

· Evidence of leaks around joints on concrete tanks and vaults

· Tank system coatings and linings that have cracks, gaps, swelling, blistering, or crinkling.

· The contractor will internally visually inspect, and integrity test (if necessary) the aboveground storage tank and document findings and corrective actions per the STI SP001 standard guidelines.

This process may involve the following:

· Placing the AST out of service and cleaning it to make it ready for entry.

· Using ultrasonic equipment to measure the thickness of the roof, wall, and bottom of metal tanks.

· Using radiography equipment to detect cracks and voids in piping, repair welds, ancillary equipment, and other solid materials. (Operator must be trained in how to avoid excessive exposure to x-rays or gamma rays)

· Liquid penetrant methods to detect the extent and size of surface cracks on the outside of a tank and cracks in welds that are not see in visual inspection.

· Magnetic particle method to detect surface cracks on metal tanks and welds that are not observable by visual inspection.

· Hydrostatic test on existing tanks that have had major repairs or alterations.

· On completion, the contractor will provide all inspection and testing results to the COR, COTR, and Safety Department staff for recordkeeping.

· If inspection and/or testing results determine repairs are required, the contractor will provide consultative services to include writing up a quote / statement of work detailing work that needs to be done and projected cost.

Task 2 – UST Inspection & Testing Sub-Task 2A – The following inspections and/or tests will be completed on an annual basis by contractors that meet qualification standards outlined in WAC 173-360A-0930 (Certification of Service Providers).

· The contractor will conduct a walk-through inspection of the Underground Storage Tank to include spill buckets, leak monitor, and sumps while using the most current Department of Ecology “UST Walkthrough Inspection Checklist”. Inspections will include documented findings and corrective actions per WAC 173-360A.

· The contractor will test the underground storage tank and document findings and corrective actions per WAC 173-360A Underground Storage Tank regulatory requirements.

Testing will include:

· Release detection equipment operability testing

· Automatic line leak detector testing (including ATG, alarms, battery backups, probes, sensors, cables, ALLDs, vacuum, etc.)

· Line tightness testing

· On completion, the contractor will provide all inspection and testing results to the COR, COTR, and Safety Department staff for recordkeeping.

· If inspection and/or testing results determine repairs are required, the contractor will provide consultative services to include writing up a quote / statement of work detailing work that needs to be done and projected cost.

Task 3 – UST Testing Sub-Task 3A – The following requirements and/or tests will be completed on an annual basis by contractors that meet qualification standards outlined in WAC 173-360A-0930 (Certification of Service Providers).

· The contractor will test the underground storage tank and document findings and corrective actions per WAC 173-360A Underground Storage Tank regulatory requirements.

Testing will include:

· Cathodic protection testing (Both Galvanic & Impressed Current System)

· Spill bucket testing

· Overfill equipment testing (including Automatic Shut-off, Exterior Alarm, & Ball Float)

· Containment sump testing

· On completion, the contractor will provide all testing results to the COR and Safety Department staff for recordkeeping.

7. Performance Monitoring.

The contractor will provide the COR and Safety Department with the following documents per tank type and time limitation requirements:

Annual Aboveground Storage Tank Requirements

1. Valid and active STI SP001 – Aboveground Storage Tank Inspector certifications

2. Documented external visual inspection of the AST with findings and corrective actions per the STI SP001 standard guidelines.

3. Documented internal visual inspection of the AST with findings and corrective actions per the STI SP001 standard guidelines to include any required testing (i.e., ultrasonic, radiography, liquid penetrant method, magnetic particle method, and hydrostatic test) Annual Underground Storage Tank Requirements

1. Valid and active certification(s) (outlined in WAC 173-360A-0930)

2. Documented walk-through inspection of the UST with findings and corrective actions per WAC 173-360A Underground Storage Tank regulatory requirements.

3. Documented release detection equipment operability tests

4. Documented automatic line leak detector tests

5. Line tightness tests Triennial Underground Storage Tank Requirements

1. Valid and active certification(s) (outlined in WAC 173-360A-0930)

2. Cathodic protection tests

3. Spill bucket tests

4. Overfill equipment tests

5. Containment sump tests INSPECTION, TESTING, AND CERTIFICATION. The contractor shall conduct the monthly and annual inspection services of all VHA equipment listed in accordance with VA, local municipal, and Washington State regulations and laws.

Testing shall be performed in accordance with manufacturer’s recommendations and standards.

Deficiencies and issues discovered during inspection shall be documented and reported to the VHA COR and designated VHA personnel.

In the event replacement parts, components, or issues with tank systems are identified during the onsite inspection services, the contractor shall document the discrepancies and provide a quote to the VHA COR.

The Contractor shall obtain prior written approval by the VHA COR in the event shutoffs are required to perform the on-site inspection services.

In the event discrepancies in the monthly or annual reporting deliverables submitted by the contactor are identified by the COR, the contractor will correct any discrepancies and at no additional costs to the government.

The contractor will not be reimbursed or paid for any travel costs.

Quality Assurance Surveillance Plan (QASP)

Quality Levels Methods of Surveillance

Monthly Reporting of equipment listing at the Seattle and American Lake Campus

The Annual Inspection Report Shall be submitted to the VHA COR within 30 days after completion of the onsite annual inspection services.

Monthly inspection services and report completed each month and report submitted on time to VHA COR within15 calendar days.

Annual inspection services completed by 08/01 each year and report submitted on time to VHA COR within15 calendar day.

100% 100%

VHA COR

Review of Report Submission

VHA COR

Annual Contractor Review.

The contractor inspecting and/or testing will provide the Contracting Officer Representative (COR) and Safety Department copies of their active, unexpired, and valid certifications, credentials, and/or licenses per WAC 173-360A-0930 upon request.

In the event the VHA COR identifies discrepancies of the contractor’s submitted reporting deliverables for the monthly or annual testing, the contractor shall correct those discrepancies within 5 calendar days and at no additional costs to the government.

The government will not pay travel costs to the contractor and any fees associated with rescheduling of services due to conflicts in scheduling.

8. Security Requirements.

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 require intermittent access only and will be escorted by VA employees while at VA Facilities.

All contractor personnel must check-in with their designated VA point of contact or other identified staff prior to beginning any work.

Physical Security & Safety Requirements:

All contractor personnel must check-in with their designated VA point of contact or other identified staff prior to beginning any work.

The Contractor and their personnel shall follow all VA policies, standard operating procedures, applicable laws and regulations while on VA property. Violations of VA regulations and policies may result in citation and disciplinary measures for persons violating the law.

The Contractor and their personnel shall wear visible identification at all times while they are on the premises. The contractor shall sign in the VA Police services prior to beginning work each workday.

Smoking is prohibited inside/outside any building.

Possession of weapons is prohibited.

The Contractor shall obtain all necessary licenses and/or permits required to perform the work, with the exception of software licenses that need to be procured from a Contractor or vendor in accordance with the requirements document. The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

9. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

No Government-Furnished Equipment (GFE) / Government-Furnished Information (GFI) will be provided to the contractor. The contractor is responsible for providing all the necessary resources (i.e., manning, equipment, materials, access to a credited lab, etc.) to complete the outlined inspection and testing and sampling and analysis.

10. Protection of Person and Property The contractor expressly undertakes’, both directly and through its subcontractor(s), to take every precaution at all times for the protection of persons and property, including Medical Center employees and property and its own.

The contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work.

The contractor shall continuously maintain adequate protection of all work from damage and shall protect the Medical Center property from injury of loss arising in connection with this contract. The contractor shall make good any such damage, injury or loss, except as may be by agents or employees of the Medical Center.

In an emergency affecting the safety or life of individuals, or of the work, or of adjoining property, the contractor, without special instruction or authorization from the Medical Center, is hereby permitted to act, at the contractor's discretion, to prevent such threatened loss or injury. Also, should the contractor, in order to prevent threatened loss or injury, be instructed or authorized to act by the Medical Center, he shall so act, without appeal. Any additional compensation or extension of time claimed by the contractor on account of any emergency work shall be determined by mutual agreement.

11. Hours of Operation The contractor shall coordinate with the Mechanical/Plumbing Shop and Maintenance and Operations Supervisor to schedule inspection services that can be performed during normal business hours when it does not interfere with building operations. The monthly and annual inspection schedule must be submitted to the VHA COR for review and approval.

When testing, maintenance or repair will interfere with building operations; it shall be performed after normal business hours unless otherwise stated in this PWS. Normal business hours are between the hours of 7:30 a.m. to 4:30 p.m., Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closing.

The Contractor may for his/her convenience request authorization in advance from the COR to work outside of regular working hours of regular workdays at no additional cost to the facility. Authorization shall be at the discretion of the COR.

Recognized Federal Holidays: New Year’s Day, Martin Luther King Jr. Day, Washington’s Birthday (President’s Day), Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, Christmas

12. Place of Performance.

VA Puget Sound Health Care System (VA PSHCS) American Lake Division 9600 Veterans Dr. SW Tacoma, WA, 98493

VA Puget Sound Health Care System (VA PSHCS) Seattle Division 1660 South Columbian Way Seattle, WA, 98108

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.