36C26123Q0235_1.docx

36C26123Q0235

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

612-23-1-6133-0012

36C261-22-AP-6651

36C26123Q0235 02-01-2023

ANNA NORCROSS

916-923-4372 02-21-2023 15:00

PST

612MCP

Department of Veterans Affairs Network Contracting Office 21 VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan

CA

95652-2609 X X 238220 $16.5 Million N/A X VA Northern California Healthcare System Engineering and Facilities Management 10535 Hospital Way Mather

CA

95655

612MCP

Department of Veterans Affairs Department of Veterans Affairs VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan

CA

95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page The requirement is for boiler plant service and maintenance for facilities within the VA Northern California Healthcare System in accordance with the attached Performance Work Statement.

The proposed award will be for for a base period of one year with four, one-year option periods at firm, fixed-pricing.

Dept. Of Labor Wage Rate Schedule 2015-5631 Revision 18, dated December 27, 2022 will apply to the resulting contract

PLEASE FOLLOW THE INSTRUCTIONS IN SECTION E. FOR SUBMITTING

YOUR QUOTE MATERIALS.

ALL QUESTIONS REGARDING THIS SOLICITATION MUST BE SUBMITTED

TO ANNA.NORCROSS@VA.GOV BEFORE 15 FEB 2023, 12 NOON EST.

PHONE CALLS WILL NOT BE RETURNED.

See CONTINUATION Page X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Department of Veterans Affairs Network Contracting Office 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.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Boiler plant preventative services and maintenance for facilities within VA Northern California Healthcare System.

Contract Period: Base POP Begin: 03-01-2023 POP End: 02-29-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MANUFACTURER PART NUMBER (MPN): N/A

Boiler plant preventative services and maintenance for facilities within VA Northern California Healthcare System.

Contract Period: Option 1 POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Boiler plant preventative services and maintenance for facilities within VA Northern California Healthcare System.

Contract Period: Option 2 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Boiler plant preventative services and maintenance for facilities within VA Northern California Healthcare System.

Contract Period: Option 3 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Boiler plant preventative services and maintenance for facilities within VA Northern California Healthcare System.

Contract Period: Option 4 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

B.3 PERFORMANCE WORK STATEMENT

INTRODUCTION

The contractor shall furnish all labor, materials, and equipment necessary to provide comprehensive boiler plant maintenance pertaining the VA Northern California Health Care System’s Facilities boiler plants. This work shall include boiler inspections and burner management system controls maintenance and servicing.

This is a firm, fixed-price contract for a base year with four option years.

Service Locations

· Martinez Outpatient Clinic (MTZ), 150 Muir Rd, Martinez, CA 94553

· Mare Island Outpatient Clinic (MI), 201 Walnut Avenue, Mare Island, CA 94612

· Fairfield Outpatient Clinic (FF), 103 Bodin Circle, Travis AFB, CA 94535

· Sacramento Medical Center (SMC), 10535 Hospital Way, Mather, CA 95655

· McClellan Outpatient Clinic (MCC), 5342 Dudley Boulevard, McClellan Park, CA 95652

This scope of work will be broken down into tasks for the plants and are listed below.

The Plant Boiler List is attached and shows the Quantity, Type, and Locations.

SCOPE OF WORK

PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY IMPROVEMENT: All services will be provided in accordance with regulatory guidelines, which include: local policies and standard operating procedures, NFPA codes, JCAHO standards, OSHA regulations, equipment manufacturers operation manuals. Contractor’s personnel will have a full understanding of these regulations and procedures as they pertain to the field of Chiller/Boiler Plant Operations.

Contractor shall provide services which meet or exceed the standards as established by the JCAHO, and VA Policies.

TASK 1: BOILER INSPECTIONS AND PREVENTATIVE MAINTENANCE Boiler Inspections/Testing Per VHA Directive 1810, as revised.

The contractor shall perform boiler inspections and preventative maintenance to all boiler controls, combustion equipment, water leveler regulation, steam regulators, 0-2 recorder, automatic 0-2 trim systems, safety devices, instruments, flow meters, feed pumps, gas regulators, automatic controls and air regulators to all boilers listed in introduction. Maintain constant observation of the meters, charts, gauges, water levels and temperatures to ensure that all systems are functioning properly. Read and record temperatures, pressures, and operating data as required within the boiler plant.

Testing and inspection shall be executed and documented by a qualified boiler operator.

A Qualified Professional Inspector (QPI) shall be required. The QPI shall have any one or combination of the following:

· A boiler inspector who has a valid and current certificate from the National Board of Boiler and Pressure Vessel Inspectors

· A boiler inspector who has qualified for licensure by passing a written examination under the laws, rules, and regulations of a jurisdiction of the State and holds a current State license.

· A boiler inspector who is currently employed as a boiler inspector/testing by a jurisdiction that 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; or

· A boiler inspector who is currently employed by an insurance company that has been licensed or registered by the appropriate authority of a State to write boiler and pressure vessel insurance.

· Perform inspections to VHA Directive 1810. Contractor will maintain monthly, semi-annual, annual and 6 years.

· VA Personnel will maintain hourly and daily requirements in the VHA Directive. VHA Directive 1810 Table, see attachment.

BOILER MAINTENANCE

Provide all preventative maintenance per manufacturers recommendation for all boilers listed in the attachment for VA Martinez, Fairfield VA, Mare Island VA, Mather Energy Plant and McClellan VA Clinic.

The contractor shall maintain all gas and/or oil-fired water or fire tube boilers equipped with electronic controls and associated auxiliary control equipment per manufacturers recommendations.

Maintain one or multiple gas and/or oil-fired water or fire tube boilers equipped with electronic controls and associated auxiliary control equipment per manufacturers recommendations.

Observe boiler controls, gauges, and charts to make necessary adjustments for proper fuel and airflow to maintain system pressure per manufacturers recommendations.

The table below shows the frequencies for each of the services listed below and which are required by VHA Directive 1810.

NOTE: Items 1 through 5 in this table must be accomplished by a documented Qualified Professional Inspector. Items 6 through 19d must be accomplished by a qualified inspector as determined by local VA medical facility management staff. Such a determination must be carefully made for each item and each individual.

NOTE: The safety devices are essential for ensuring the safest possible operation. Any boilers not so equipped must be immediately programmed for retrofit, with priority given to providing two low water cutoffs per boiler and two fuel safety shut off valves per fuel per boiler.

RECORDS MANAGEMENT

Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

· includes VHA records.

· does not include personal materials.

· applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

· may include deliverables and documentation associated with deliverables.

Requirements Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] Flow-Down of Requirements to Subcontractors The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

PERFORMANCE DATA

Performance data must be retained for at least 3 years and will include:

· Total steam/production and fuel consumed (daily, monthly, and yearly).

· Daily outside temperature range.

· Make-up water quantity and the percent of make-up in relation to amount of steam generated.

· Minimum and maximum steam demand per shift.

· Boiler efficiency based on steam output or fuel input (daily).

· Water treatment data, including all test reports and chemicals utilized; and

· Boiler flue gas oxygen and stack temperature in relation to burner firing rate.

CONTRACTOR PERFORMANCE REQUIREMENTS:

Factors to consider for Option Year Renewal

(PR)

Administrative Requirements:

All on site work is to be coordinated with the boiler plant supervisor at least seven (7) days prior to performance of services. All work to be performed between the hours of 8:00AM to 4:30PM, Monday through Friday, excluding Federal Holidays. Federal holidays are: New Year’s Day; Martin Luther King, Jr. Birthday; Washington’s Birthday; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; Christmas Day and any other declared a Federal holiday by the President of the United States.

Situations requiring more frequent analysis and/or special testing other than the specified requirements may arise. Do not perform any extra cost work without written authorization from the Contracting Officer. A separate purchase order will be issued to cover the costs associated with these extra tests upon request and justification from the contractor.

Provide emergency response, including a site visit if requested, within 4 hours of request, 24 hours a day, 365 days per year. Maintain a toll-free (800) telephone number and e-mail and pager system for 24-hour access.

Respond to routine communications within 48 hours with a visit as necessary.

Failure to achieve required performance goals will be justification for termination of contract.

Quality Assurance For the tasks listed under the section titled Performance Requirement, the COR will follow the methods of surveillance specified in this contract.

The Contractor shall establish and maintain a complete Quality Control Plan (QCP) to ensure the requirements of this contract are met. Contractor shall develop and implement procedures to identify, prevent and ensure non-concurrence of defective services. A QCP shall be provided to the CO within 30 days after contract award and as changes occur. The quality control plan is subject to revisions, by the Contracting officer, and shall be accomplished (at no cost to the government) to ensure quality service. Contractor compliance with the QCP will be monitored by the government. Records of quality control shall be made available, at any time to the government.

Quality Assurance Surveillance Plan (QASP) The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL). The COR will evaluate the services required to ensure compliance.

Standard

TASK 2 BURNER MANAGEMENT SYSTEM CONTROLS MAINTENANCE

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 VANCHCS on a semi-annual basis.

Contractor shall service fourteen (14) boilers for maximum efficiency at all firing ranges. Boilers are to be adjusted for maximum efficiency on gas and oil fuels. Service shall include minor adjustments to BMS related safety devices that are necessary for the safety operation of the boilers.

Description of Services

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

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

· 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.

· Reset fuel/air ratios on all burners and verify repeatability and ensure emissions follow Bay Area Air Quality Management District Standards.

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

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

· Review burner part inventory.

· 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.

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.

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.

Service Calls

· Contractor shall provide, at minimum, two (2) preventive maintenance calls per year at each VA location.

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

· 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.

· 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.

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

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.

Arrival and Departure Procedures

· 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.

· 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.

· 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.

Quality Assurance Surveillance Plan (QASP) For the tasks listed in the Performance Requirement Table (PRT) below, the COTR will follow the methods of surveillance specified in this contract.

When a required service in the PRT indicates defective performance, the COR will require the contract manager or representative at the site to document the observation and forward to the Contracting Officer to maintain in the file. The documentation of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. Government surveillance of tasks not listed in the PRT or by methods other than those listed in the PRT (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the contracting officer because of surveillance will be in accordance with the terms of this contract.

Performance Requirements Table

Factors to consider for Option Year Renewal

(PR)

VHA Supplemental Contract Requirements for Combatting COVID-19

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

If fully vaccinated, contractors shall show proof of vaccination. 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.

If unvaccinated, contractors 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 that includes an affiliated telehealth service.

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.

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.

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 COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

References

· VA Handbook 6500.6, Contract Security, Appendix C is available at:

https://www.voa.va.gov/DocumentView.aspx?DocumentID=228

· VHA Boiler and Associated Plant Safety Device Testing Manual, latest edition

· VHA Directive 1810 Boiler and Boiler Plant Operations

· American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, latest edition

· NFPA 70E Standard for electrical safety in the workplace, latest edition 36C26123Q0235

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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…