36C26118Q9409-001.docx

36C26118Q9409 FedBizOpps Combined Synopsis/Solicitation Notice

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RECOVERY ACT FUNDS

SET-ASIDE

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 J Boiler Burner Management System Services 95652-2609 36C26118Q9409 10-28-2018 N 238220 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609 Larry Facio larry.facio@va.gov Veterans Affairs Palo Alto Health Care System Palo Alto Division Livermore Division Menlo Park Division Larry.Facio@va.gov Larry.Facio@va.gov (i)This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) Solicitation number 36C26118Q9409 is issued as a request for quote (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-100, 2005-99.

(iv) This acquisition is Unrestricted. The NAICS code is 238220 and the size standard is $15 million.

(v) The contract line item is listed in the attached price schedule of the solicitation package. Services are required on Semi-Annual basis with estimated 6 Emergency requests per year without distinguishing site; when providing a quote please provide a fixed rate for this line item.

(vi) The contractor shall provide Boiler Burner Maintenance for three VAPAHCS facilities in accordance with the attached Statement of Work.

(vii) The contract will be for One Base Year with Four Option Years. The period of performance is listed in the Price Schedule and the Statement of Work.

(viii) The provision Addendum 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition.

(ix) The provision 52.212-2, Evaluation—Commercial Items, applies to this acquisition.

(x) 52.212-3 Offeror Representations and Certifications – Commercial items applies to this acquisition.

(xi) The clause 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition.

(xii) The clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition.

(xiii) All additional contract clauses and provisions are attached to this notice.

(xiv) The Defense Priorities and Allocations System (DPAS) do not apply to this acquisition.

(xv) Quotes are due by 4:00 PM (Pacific Time) on October 28, 2018 and can be emailed to larry.facio@va.gov

(xvi) The point of contract is Larry Facio. Phone (916) 923-4553. Email larry.facio@va.gov

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 36C261 MICHAEL HODAHKWEN Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

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-9(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

3 x Nebraska 1045 hp Water tube Boilers located at Palo Alto Division.

(2 Preventive Maintenance Services Per Boiler Per Year).

Contract Period: Base POP Begin: 11-01-2018 POP End: 10-31-2019

3 x Nebraska 594 hp Water tube Boilers at 795 Willow Road, Menlo Park, CA.

Contract Period: Base

3 x Johnston 250 hp Fire tube Boiler at 4951 Arroyo Road, Livermore, CA.

Contract Period: Base

EMERGENCY Boiler Repairs (Estimated Boiler Requiring Emergency/Urgent Repairs Per Year).

Contract Period: Base

3 x Nebraska 1045 hp Water tube Boilers located at Palo Alto Division Contract Period: Option 1 POP Begin: 11-01-2019 POP End: 10-31-2020

3 x Nebraska 594 hp Water tube Boilers at 795 Willow Road, Menlo Park, CA.

Contract Period: Option 1

3 x Johnston 250 hp Fire tube Boiler at 4951 Arroyo Road, Livermore, CA.

Contract Period: Option 1

EMERGENCY Boiler Repairs (Estimated Boiler Requiring Emergency/Urgent Repairs Per Year).

Contract Period: Option 1

3 x Nebraska 1045 hp Water tube Boilers located at Palo Alto Division Contract Period: Option 2 POP Begin: 11-01-2020 POP End: 10-31-2021

3 x Nebraska 594 hp Water tube Boilers at 795 Willow Road, Menlo Park, CA.

Contract Period: Option 2

3 x Johnston 250 hp Fire tube Boiler at 4951 Arroyo Road, Livermore, CA.

Contract Period: Option 2

EMERGENCY Boiler Repairs (Estimated Boiler Requiring Emergency/Urgent Repairs Per Year).

Contract Period: Option 2 POP Begin: 11-01-2021 POP End: 10-31-2022

3 x Nebraska 1045 hp Water tube Boilers located at Palo Alto Division Contract Period: Option 3

3 x Nebraska 594 hp Water tube Boilers at 795 Willow Road, Menlo Park, CA.

Contract Period: Option 3

3 x Johnston 250 hp Fire tube Boiler at 4951 Arroyo Road, Livermore, CA.

Contract Period: Option 3

EMERGENCY Boiler Repairs (Estimated Boiler Requiring Emergency/Urgent Repairs Per Year).

Contract Period: Option 3

3 x Nebraska 1045 hp Water tube Boilers located at Palo Alto Division Contract Period: Option 4 POP Begin: 11-01-2022 POP End: 10-31-2023

3 x Nebraska 594 hp Water tube Boilers at 795 Willow Road, Menlo Park, CA.

Contract Period: Option 4

3 x Johnston 250 hp Fire tube Boiler at 4951 Arroyo Road, Livermore, CA.

Contract Period: Option 4

EMERGENCY Boiler Repairs (Estimated Boiler Requiring Emergency/Urgent Repairs Per Year).

Contract Period: Option 4

Statement of Work Burner Management System Controls Maintenance VA Palo Alto Health Care System

Section 1: General Information

1.1 General: This is a non-personal services contract to provide Burner Management System Controls Maintenance for the VA Palo Alto Health Care System (VAPAHCS), Palo Alto, Ca. Contractor shall furnish all labor, materials and equipment necessary to inspect, calibrate and repair all Burner Management System (BMS) controls pertaining to burner operation of the steaming boilers located at the three VAPAHCS divisions on an semi-annual basis (two (2) preventive maintenance calls per site for each boiler). Awarded contractor will also be tasked for Emergency services for the contract duration.

3801 Miranda Avenue Palo Alto, CA 94304 Livermore Division 4951 Arroyo Road Livermore, CA 94550 Menlo Park Division 795 Willow Road Menlo Park, CA 94025

1.4 Type of Contract: The government will award a Firm Fixed Price contract.

1.5 Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov Contractor shall submit final invoice after the completion of repairs. Invoice shall include the Contract number, Purchase Order number, Order Date, Performance Period, Description of Services and itemized prices as negotiated.

Section 2: Definitions & Acronyms COR – Contract Officer Representative VA - Department of Veterans Affairs

Section 3: Government Furnished Property, Equipment, and Services N/A

Section 4: Contractor Furnished Items and Services Per Section 5 Section 5: Specific Tasks Contractor shall service NINE boilers for maximum efficiency at all firing ranges. Boilers are to be adjusted for maximum efficiency on gas and oil fuels. Service shall including minor adjustments to BMS related safety devices that are necessary for the safety operation of the boilers.

Quantity, Type, and Location of boilers:

· 3 x Nebraska 1045 hp Water tube Boilers located at Palo Alto Division

· 3 x Johnston 250 hp Fire tube Boiler located at Livermore Division

· 3 x Nebraska 594 hp Water tube Boilers located at Menlo Park Division

5.1 Description Of The Services:

a) A general review of the boiler equipment operation and isolate areas requiring attention.

b) Inspect hardware, determine if replacement parts are needed and order same.

c) Inspect all burner components. Perform physical and operational check on all burner safety devices, referencing VHA Boiler Plant Safety Device Testing Manual and NFPA 85 covering testing methods and boiler safety device operation, maintenance and testing.

d) Reset fuel/air ratios on all burners and verify repeatability and ensure emissions are in compliance with Bay Area Air Quality Management District Standards.

e) Review burner operation and safety issues with VA boiler operators. Provide general instructions to operators as necessary.

f) Advise VA of any upgrades or equipment enhancements for improvement of safety, reliability and performance.

g) Review burner part inventory.

5.1.1 Contractor is to provide a written report containing results and data from maintenance inspections. The summary page of the report shall include the form, VAPAHCS Safety Device Testing Tracking. A copy of this form will be provided by the Contracting Officer’s Representative (COR) . The complete service report package shall be sent electronically to the COR, and a copy provided to the Contracting Officer for inclusion in the contract file.

5.2 Preventive Maintenance Procedures:

Within fifteen (15) days of contact award, but no later than the performance of the of the first servicing of the equipment, the Contractor shall furnish one (1) copy of its Preventive Maintenance Procedures (PMP) which will be used during the PM services. Copy shall be given to the COR and a copy provided to the Contracting Officer for inclusion in the contract file.

5.3 Written Maintenance Procedures

Contractor shall adhere to VA’s Joint Commission for Accreditation of Health Care Organization (JCAHO) accreditation and shall be received prior to the work performance. No invoice will be certified for payment unless VA has received a copy of Contractor’s Preventive Maintenance Procedures.

5.4 Service Calls:

1. Contractor shall provide, at minimum, two (2) preventive maintenance calls per year at each VA location. Contractor shall coordinate with VAPAHCS staff to schedule visits that are evenly dispersed for the 12 month duration.

1. One job (preventive maintenance call) at each VA location, constitutes inspection and testing as outlined in paragraph 5.1 above for all three boilers.

1. After contract award and prior to any work performed, Contractor shall provide a schedule, indicating dates when service will be accomplished. A copy will be given to the COR and a copy to the Contracting Officer for inclusion into the contract file.

1. Contractor will have a local office that will have a qualified technician who is able to respond to an emergency service request within 24 hours of request.

1. It is understood that emergency response charges will be based on a previously provided hourly rate schedule and replacement part(s) cost.

5.4.1 Emergency Service Calls (estimated 6 per year without distinguishing site):

a) Contractor shall provide response within 24-hours of notification.

b) Contractor shall provide all staff with qualifications as those required in routine Preventive Maintenance services.

c) Contractor shall provide a written description of repairs with appropriate dates A copy will be given to the COR and a copy to the Contracting Officer for inclusion into the contract file.

d) Contractor shall submit invoice for Emergency services within reasonable time following completion of repairs. Pricing shall be referenced in Option Line Items for Emergency Services.

5.5 Authorized Work

The contractor shall not commence with any tasks or work outside the parameters of the scope of the contract. If work is required outside the scope, the contractor shall contact the COR and communicate the details. Final approval for this work will be from the Contracting Officer.

Section 6: Arrival and Departure Procedures:

a) Contractor’s personnel shall be required to sign in and out with VA Engineering Boiler Plant Supervisor or designee, upon arrival at VAPAHCS to perform services and upon completion of service.

b) Names, location and telephone numbers of these individuals will be provided by VA at the time of award and a copy of the Contracting Officer’s Representative (COR) delegation.

c) In order to ensure prompt payment for services performed, it is imperative the Contractor personnel follow this procedure. Payment for services rendered will not be certified or processed without verification against the sign in/out log.

Section 7: Attachments

7.1 VA Handbook 6500.6, Contract Security, Appendix C is available at https://www.voa.va.gov/DocumentView.aspx?DocumentID=228 Attachment #1 Wage Determination WD 15-5641 (Rev.-8)

See attached document: Wage Determination 15-5641 (Rev.-8) Jul 2018.

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SECTION C - CONTRACT CLAUSES

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 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

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

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

(4) 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 (Sept 2006), 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 (OCT 2015) (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 (OCT 2016) (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. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (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 (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (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 (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (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 (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (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).

[] (34) 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.)

[] (35)(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.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(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.

[] (39)(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.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(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] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 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 I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 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).

[] (50) 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).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(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.

(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:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[X] (3) 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] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 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).

[] (6) 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).

[] (7) 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] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiii) 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).

(xiv) 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).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 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).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.3 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.4 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 60 DAYS 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 5 YEARS.

(End of Clause)

C.5 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of CALIFORNIA. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.8 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor compliance with the subcontracting commitments.

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: P07 WD 15-5641 (Rev.-8) Jul 2018.

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SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Provision)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

SUBMISSION INSTRUCTIONS

(a) General Instructions

(1) Electronic Submissions: Contractors must email their quote to Larry Facio at Larry.Facio@va.gov. Include the solicitation number in the Subject line. Any attachments must be readable using Microsoft Office or Adobe PDF. The size of the email is limited to 5 megabytes (MB) but multiple emails are allowable. Quotes must be submitted electronically and will not be accepted through fax or postal mail.

(2) All questions regarding this solicitation must be emailed to Larry.Facio@va.gov no later than three business days prior to the quote due date. Verbal inquiries or questions will not be addressed or accepted.

(3) The quote must be prepared in two parts consisting of a "Technical Approach" and separate section for "Pricing Information". Each of the parts shall be separate and complete so that evaluation of each part can be accomplished independently.

(b) Selection Process

(1) Evaluations will be conducted under the procedures of FAR Part 13.

(2) In accordance with FAR 13.106-2(b)(3), the quotes will undergo a comparative evaluation to determine which vendor provides the best value to the government in terms of high technical capability and past performance, while also providing a competitive price.

(c) Technical Approach

(1) The technical approach must not contain any references to pricing. Resource information such as data concerning labor hours and categories, equipment, materials, subcontracts, should be included in so that contractor’s understanding of the Scope of Work may be evaluated; however, any reference to pricing must not be included. Pricing information will be submitted in a separate document.

(2) The technical approach must address all of the required information for Factor #1, Technical Capability and Factor #2, Past Performance.

(3) The technical approach must clearly identify each element of the technical capability factor listed in provision 52.212-2. There are 3 elements listed and the vendors must indicate in the technical approach document which element they are addressing so that the Government can clearly identify which factor the information is addressing. This is not intended to be an overly burdensome task and can be accomplished by a simple heading indicating which element is being addressed followed by the supporting information. The Government will not sift through several pages of a technical approach document trying to determine which element is being addressed. The Government is not requesting boilerplate technical approaches that have been prepared for a wide variety of Government solicitations.

(4) For the individual elements of the technical capability factor, the quote must state how the contractor will address each element and cannot simply restate the Performance Work Statement. Simply restating the Performance Work Statement will not be accepted.

(5) For Factor #2 Past Performance, the past performance surveys can be incorporated into the technical approach document. Please include at least three but not more than five recent (within the past five years) and relevant (similar in size and scope) completed surveys. The surveys do not need to be submitted directly to the Contracting Officer/Specialist from the individual that completed the survey. The completed surveys can be compiled by the contractor and submitted as part of a technical approach package.

(d) Pricing Information

(1) The pricing information will consist of the contractor’s overall price to provide these services. To submit the pricing information, fill out the price schedule with the unit price and calculate the extended total. Per the SOW there are two Preventive Maintenance Inspections per site, per year. It is anticipated that service calls will be required at two per year, totaling 4 service calls. Please provide a quote for the 4 services and total for each year.

E.2 ADDENDUM 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

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

1) Factor #1, Technical Capability

2) Factor #2, Past Performance

3) Factor #3, Price In accordance with FAR 13.106-2(b)(3), the quotes will undergo a comparative evaluation to determine which vendor provides the best value to the government in terms of high technical capability and past performance, while also providing a competitive price.

FACTOR 1 – Technical Capability The quotes will be evaluated using the information submitted in the technical approach addressing the following elements:

1) Expertise: What is the Contractor’s level of expertise in this field? Are the technicians certified and trained on Nebraska 1045hp/594 and Johnson 250hp boilers; how many years?

2) Equipment and Procedures Knowledge: Is the contractor thoroughly familiar with the noted boiler equipment? Is the contractor familiar with VHA Boiler Plant Safety Device Testing Manual; Bay Area Air Quality Standards?

3) Sub-Contracting: Is the contractor intending to sub-contractor portions of the tasks, if so, do they have a letter of commitment from the subcontractor indicating their commitment to this project upon award?

FACTOR 2 – Past Performance The past performance surveys that the contractor submits with their quote package will be reviewed to determine if the previous work was recent (within the past 5 years) and relevant (similar size and magnitude). The surveys will also be reviewed to determine the overall trend in the ratings of quality for the previous contracts. Based on time constraints, submitting surveys from previous clients is not mandatory, self-generated past performance surveys are acceptable with the following criteria; noted period of performance, location, description of project, price, and address and contact information of client(s).

FACTOR 3 – Price The pricing information will consist of the contractor’s overall price to provide these services. In evaluating the contractor’s price, the Government’s determination will include whether the price reflects a clear understanding of the requirements, is consistent with the information provided in the contractor’s quote, and is reasonable in comparison with other quotes that have been submitted in response to the solicitation.(End of Provision) ?.## 52.212-3 (e) – Addendum to OFFEROR REPRESENTATIONS AND CERTIFICATIONS

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

MICHAEL P. HODAHKWEN

Hand-Carried Address:

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California Healthcare System 5342 Dudley Blvd, Bldg a209 McClellan CA 95652 Mailing Address:

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California Healthcare System 5342 Dudley Blvd, Bldg a209 McClellan CA 95652

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

(End of Provision)

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