36C26123Q1055_RFQ_ Fuel Testing and Polishing Services.docx

36C26123Q1055

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

640-24-1-5051-0006

11-03-2023 Cindy Smith cindy.smith@va.gov 11-20-2023

10AM

Department of Veterans Affairs VA Network Contracting Office (NCO 21) VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu HI 96813

X

333914 750 Employees

N/A

See Performance Work Statement (PWS)

Department of Veterans Affairs VA Network Contracting Office (NCO 21) VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu HI 96813

FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971 866-372-1141

See CONTINUATION Page The Contractor shall provide fuel testing and polishing services including management, supervision, labor, parts, material, tools, incidental engineering services, and transportation at VA Palo Alto Health Care System (VAPAHCS) in accordance with the Performance Work Statement (PWS).

All questions shall be directed in writing to Cindy Smith cindy.smith@va.gov by 10AM HST on 11/13/2023.

Offerors must be registered and "Verified" as an SDVOSB concern in https://veterans.certify.sba.gov/ on the date quotes are due and at time of award.

See CONTINUATION Page

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 RICO L. JOHNSON

VA Network Contracting Office (NCO 21) VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu HI 96813

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.

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 register and begin submitting electronic invoices, free of charge. The Department of Veterans Affairs Tungsten Number is: AAA544240062 (this allows you to file invoices online for free.)

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

Vendor e-Invoice Set-Up Information:

If you have questions 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 Please refer to section 12.0 PAYMENTS AND INVOICING for additional information.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Diesel fuel laboratory testing and polishing service per the PWS and inventory.

Contract Period: Base POP Begin: 12-20-2023 POP End: 12-19-2024 PRINCIPAL NAICS CODE: 333914 - Measuring, Dispensing, and Other Pumping Equipment Manufacturing PRODUCT/SERVICE CODE: H291 - Equipment and Materials Testing - Fuels, Lubricants, Oils, and Waxes

MANUFACTURER PART NUMBER (MPN): N/A

Diesel fuel laboratory testing and polishing service per the PWS and inventory.

Contract Period: Option 1 POP Begin: 12-20-2024 POP End: 12-19-2025 PRINCIPAL NAICS CODE: 333914 - Measuring, Dispensing, and Other Pumping Equipment Manufacturing

Diesel fuel laboratory testing and polishing service per the PWS and inventory.

Contract Period: Option 2 POP Begin: 12-20-2025 POP End: 12-19-2026 PRINCIPAL NAICS CODE: 333914 - Measuring, Dispensing, and Other Pumping Equipment Manufacturing

Diesel fuel laboratory testing and polishing service per the PWS and inventory.

Contract Period: Option 3 POP Begin: 12-20-2026 POP End: 12-19-2027 PRINCIPAL NAICS CODE: 333914 - Measuring, Dispensing, and Other Pumping Equipment Manufacturing

Diesel fuel laboratory testing and polishing service per the PWS and inventory.

Contract Period: Option 4 POP Begin: 12-20-2027 POP End: 12-19-2028 PRINCIPAL NAICS CODE: 333914 - Measuring, Dispensing, and Other Pumping Equipment Manufacturing

B.3 PERFORMANCE WORK STATEMENT

Performance Work Statement Diesel Fuel Testing and Polishing Service VA Palo alto Health Care System

1. GENERAL INTENTION AND REQUIREMENTS

1.1. General: This Performance Work Statement (PWS) is to provide annual testing and polishing of diesel fuel inventories located at the Veterans Affairs Palo Alto Health Care System (VAPAHCS), 3801 Miranda Ave., Palo Alto, CA 94304. This system shall be referred to as the Government within this performance work statement.

1.2. The Contractor shall provide management, supervision, labor, parts, material, tools, incidental engineering services, and transportation necessary to perform testing and filtration services in accordance with applicable California State EPA and CARB standards and regulations. Modifications to performance requires written consent of the Government’s Contracting Officers Representative (COR) or COR designee.

1.3. The Contractor, without additional expense to the Government, shall obtain all licenses, permits, and insurance required to perform the work in this Contract. Contractor shall comply with all applicable federal, state, and local laws. Evidence of insurance, licenses, and permits shall be provided to the Contracting Officer and COR before work commences.

1.4. Work for this contract is required on the attached inventoried buildings at the following VAPAHCS locations:

1.4.1. 3801 Miranda Ave, Palo Alto, CA 94304

1.4.2. 795 Willow Road, Menlo Park, CA 94025

1.4.3. 4951 Arroyo Road, Livermore, CA 94550

1.4.4. The Government reserves the right to add or remove spaces, requests for change shall be submitted the Contractor for proposal. Acceptable proposals shall be submitted by the COR to the CO as a request for modification to the contract agreement.

1.5. For this contract services shall be at the convenience of the Government, the standard operating hours or duty hours are the hours between 7:30 AM to 4:30 PM, Monday through Friday, except Federal Holidays, or 40 working hours per week. Service shall be performed within 30 days of the previous year’s performance, on or before the date of last inspection & service.

1.6. For this contract, the intent is to award a base plus four (4) option year agreement.

Period of Performance:

Base Year: December 20, 2023 – December 19, 2024 Option Year One: December 20, 2024 – December 19, 2025 Option Year Two: December 20, 2025 – December 19, 2026 Option Year Three: December 20, 2026 – December 19, 2027 Option Year Four: December 20, 2027 – December 19, 2028

2. CODES and STANDARDS

2.1. Publications listed below form a part of this Contract. Service shall meet the requirements of current code editions published, all manufacturer guidelines, Veteran’s Affairs (VA) memorandums, and industry standards, as applicable, and in the case of conflicting standards the most stringent shall apply.

2.1.1. ASTM Diesel Fuel standards

2.1.2. California CARB Title 13 and 17

2.1.3. OSHA Standard 29 CFR 1910

2.1.4. International Building Code (IBC)

2.1.5. NFPA 101 – Life Safety Code

2.1.6. NFPA 99 – Health Care Facilities Code

3. DEFINITIONS & ACRONYMS

3.1.1. AST – Aboveground Storage Tank

3.1.2. ANSI – American National Standards Institute

3.1.3. ASME – American Society of Mechanical Engineers

3.1.4. AWWA – American Water Works Association

3.1.5. CO – Contracting Officer

3.1.6. COR - Contracting Officer Representative

3.1.7. FAR – Federal Acquisition Regulation

3.1.8. HEPA – High Efficiency Particulate Air filter

3.1.9. MSDS – Material Safety Data Sheet

3.1.10. MOD – Modification of contract

3.1.11. NEC – National Electric Code

3.1.12. NFPA - National Fire Protection Association

3.1.13. NTP – Notice to Proceed

3.1.14. OEM - Original Equipment Manufacturer

3.1.15. OSHA - Occupational Safety and Health Administration

3.1.16. PO – Purchase Order

3.1.17. POC - Point of Contact

3.1.18. PM - Preventative Maintenance

3.1.19. PMI - Preventative Maintenance Inspection

3.1.20. PPE – Personal Protective Equipment

3.1.21. PWS - Performance Work Statement

3.1.22. QASP – Quality Assurance Surveillance Program

3.1.23. QCP – Quality Control Program

3.1.24. UST – Underground Storage Tank

3.1.25. VA – United States Veterans Affairs

3.1.26. VAPAHCS - Veterans Affairs Palo Alto Health Care System

4. EXCLUSIONS

4.1. Equipment, components, and parts not installed under this Contract shall not be removed, replaced, or deficiencies corrected while still under the manufacturers or installer’s warranty, without prior approval of the COR.

4.2. Installation of new attachments recommend or required by inspectors, insurance agencies, or VA/Government Authorities.

4.3. There shall be no borrowing of parts (i.e., removing of parts from one PEC, whether in it is in service or not, to correct a deficiency on another PEC) except in an emergency or with written consent from the COR.

5. GOVERNMENT FURNISHED PROPERTY, MATERIALS, and SERVICES

5.1. The Government will not provide office space or operational facilities to the Contractor. The Contractor shall secure and maintain the necessary office space and other facilities required for performance of this Contract at their own expense.

5.2. The Government will not provide tools or equipment to the Contractor. The Contract shall furnish all tools required for the performance of this Contract.

5.3. The Government will not provide any materials to the Contractor.

5.4. The Government will furnish the following services at existing outlets, for use in those facilities provided by the Government and as required for the work to be performed under this Contract: electricity, fresh water, sewage service, and non-hazardous refuse collection (from existing collection points). Disposal of equipment and construction debris is the responsibility of the Contractor.

6. CONTRACTOR REQUIREMENTS

6.1. The Contractor shall provide all equipment, supplies, management, supervision, personnel, and transportation necessary to assure that all services are in accordance with the contract and all applicable laws and regulations. The contractor shall ensure all work meets performance standards specified in this Performance Work Statement (PWS) and referenced documents to include all notes, explanatory material, and appendixes.

6.2. Contractor’s technicians shall possess certificates on equipment which work will be performed. Certificates and documents shall be presented with submission package. VA reserves the right to request proof of appropriate training and experience from vendor/contractor personnel for servicing the equipment on the schedule for the duration of the contract. Contractor shall provide certificates and documents within two days of request.

6.3. The Contractor shall provide a Contract manager who shall be responsible for performance of the contract work. Name of the Contract manager and an alternate shall be designated in writing to the CO/COR prior to contract start date. Changes to personnel shall be submitted to the Government within five (5) workdays of the changes. The Contract Manager or alternate shall have full authority to act on contract matters relating to daily operation of the Contract. The Contract Manager or alternate shall be available to speak/meet with the CO or COR, within 24 hours of request during normal operating hours and or within the next business day.

6.4. The selection, assignment, and management of Contractor’s employees is the responsibility of the Contractor. The Contractor shall not employ any individual identified as a potential threat to the health, safety, security, and general wellbeing, or operation of the VAPHCS facilities or personnel. The Contractor is fully responsible for performance and conduct of his/her employees. The Contractor shall not allow any employee to perform work under this Contract while under the influence of alcohol, drugs, or any other incapacitating agent.

7. BACKGROUND CHECKS and IDENTIFICATION BADGES

7.1. Contractor and Subcontractor personnel working on VAPAHCS facilities must consent to Background Checks or shall be denied access to the VAPAHCS facilities. Information required to conduct a Background Check includes full name, driver’s license number and/or social security number, date of birth, and completion of a background check questionnaire.

7.2. Contractors shall ensure their employees and those of their Subcontractors have the proper credentials allowing them to work in the United States. The Contractor shall not be entitled to any compensation for delay or expenses associated with this requirement and are not excused from proceeding with the Contract.

7.3. Department of Veterans Affairs regulations requires Contractor employees to have a VAPAHCS issued Identification Badge and wear it at all times while at VAPAHCS facilities. ID badges shall be issued by the VAPAHCS security office under its rules for issuance. Contractor personnel shall present a neat appearance and be easily recognized as a Contractor employee by wearing distinctive clothing bearing the name of the company and a VAPAHCS issued ID badge. When an employee leaves the Contractor’s employment, or the Contract is terminated, the employee’s badge shall be returned to COR within 3 working days.

8. EMERGENCY TELEPHONE NUMBERS

8.1. The Contractor shall provide the CO/COR with pertinent emergency telephone numbers to summon assistance in the event of an emergency. At least one of the emergency telephone numbers, and one alternate telephone number. This information shall be provided in writing to the CO/COR.

9. SPECIFIC SERVICES

9.1. The Contractor shall provide all tools, materials, equipment, to filter and treat all of the Underground Storage Fuel Tanks (UST's) and Aboveground Storage Fuel Tanks (AST's) and the Day Tanks for the Emergency Generators at the three (3) Divisions and the one (1) Clinics of the VA Palo Alto Health Care System.

9.1.1. UST's; The contractor shall perform this work through one (1) 4" access point per tank; optically inspect, clean, filter, polish, and remove sediment, bacterial particles, rust, and water to waste drums per Federal and California EPA Standards and Regulations.

9.1.2. AST's; Contractor shall optically inspect, clean, filter, polish, and remove sediment, bacterial particles, rust, and water to waste drums per Federal and California EPA Standards and Regulations.

9.2. The contractor shall vacuum all contaminates from the bottom of the tanks from one end to the other end with minimal disturbance of the fuel to reduce contaminates from mixing with the fuel in the tank.

9.3. The contractor shall filter the fuel to remove any moisture and contaminates and return the clean fuel to the tank

9.4. The contractor shall add diesel fuel conditioner that is certified for national defense fuels to each tank at a ratio of 1:7500 using a volume factor of 80% tank capacity to inhibit bacterial and fungal growth, provide stabilization of fuel, help keep fuel lines clean and inhibit sludge buildup.

9.5. The contractor shall have the following tests done on all fuel samples taken for all of the UST's, AST's, Day Tanks.

9.5.1. ASTM D4176 Appearance-Distillate Fuel; (Clear & Bright), (Free Water), (Particulate).

9.5.2. Physical/Chemical; ASTM E203/D6304 (Water by Karl Fisher PPM), D287 (API Gravi ty @60F), ASTM D4737 (Calculated Cetane Index), ASTM D93 (Flash Point by PMCC), D1796/D2709 (Water & Sediment), D4294/D5453/D7039 (Sulfur Content), F21-61 (Accelerated Stability), (Initial Color), (Final Color), (Blotter Test), (Assessment).

9.5.3. Physical/Chemical; ASTM E203/D6304 (Water by Karl Fisher PPM), D287 (API Gravi ty @60F), ASTM D4737 (Calculated Cetane Index), ASTM D93 (Flash Point by PMCC), D1796/D2709 (Water & Sediment), D4294/D5453/D7039 (Sulfur Content), F21-61 (Accelerated Stability), (Initial Color), (Final Color), (Blotter Test), (Assessment).

9.6. Bottom Sample:

9.6.1. Visual Inspection for presence of water/sediment

9.6.2. Microbial Test

9.7. Day Tank Bottom Inspection.

9.7.1. Visual Inspection for presence of water/sediment

9.7.2. Microbiological Test.

9.8. The contractor shall provide daily cleanup and securing of work site, including securing tools and equipment. Disposal of all waste and debris is at the contractor’s own expense.

9.9. The Contractor shall submit field service reports to the COR and other designee(s) on a daily basis reporting the days completed activities and noted findings and recommendations.

9.10. The Contractor shall maintain and provide upon request to the Government any MSDS data sheets for chemicals used in performance of this contract.

9.11. All work shall comply with US, State, and local EPA, and CARB requirements in the safe handling and processing of fuels & chemicals.

9.12. The Contractor shall provide laboratory testing reports on pre-existing and post treatment conditions for each fuel source on this contract to the COR and its designated stakeholders. Each report shall contain at a minimum the following information:

9.12.1. Building/Tank Identification

9.12.2. Tank Size (contractor to verify)

9.12.3. Tank Contents

9.12.4. Tank Manufacturer

9.12.5. Date Manufactured

9.12.6. Date Pre-treatment fuel analysis

9.12.7. Pre-treatment fuel laboratory results

9.12.8. Date Turbo Flushed

9.12.9. Date post-treatment fuel analysis

9.12.10. Post-treatment fuel laboratory results

9.13. Provide all laboratory chain of custody fuel reports.

10. ADDITIONAL SERVICES

10.1. Additional services are defined as any work, requested, and authorized by the Government that is within the scope of this contract but in addition to the contract requirements. Any work of this nature detected by the Contract shall be immediately reported to the COR, but work shall not be performed until the Contractor and the CO or COR as appropriate have reached an agreement on the price to accomplish the project. Work shall be performed immediately, if necessary (i.e., an emergency) although typically a 48-hour notice will be given.

10.2. Labor Costs - The Contractor shall price labor hours within the price/cost schedule in Section B of the solicitation, SUPPLIES OR SERVICES AND PRICES. The Contractor’s expenses for overhead, General and Administrative (G&A), and profit are already included in this CLIN. Thus, no separate allowances for travel time, parking, overhead, G&A or profit can be applied.

10.3. Materials and Parts – The Government reserves the right to furnish any or all parts and/or materials required for a particular repair/replacement. If the Contractor furnishes the parts and or materials, the price to be paid shall be on the basis of established catalog or list prices in effect when the parts and/or materials are furnished, less all applicable discounts, but in no event shall such price be in excess of the Contractor’s sale price to his/her most favored customers for the same item in like quantity, or the current market price, whichever is lower. Repair/replacement costs must be approved by the COR and CO prior to additional services being rendered via a modification to the contract.

10.4. All orders for service work must be placed or confirmed by issuance of a SF30. The SF30 will describe the work to be performed, the time for completion, and the total price for the work. In emergency situations oral orders are permitted, which will be confirmed within 5 working days by issuance of a SF30. Orders of $2,500.00 or less may be processed using the Governmentwide commercial purchase card, which is the preferred method to purchase and to pay for micro purchases.

10.5. The Government reserves the right to perform the work using whatever resources are available.

10.6. If a dispute between codes, standards, or manufacture recommendation arises the most stringent shall be enforced.

11. SAFETY, INSPECTION, and TESTING

11.1. Contractor shall immediately report to the CO/COR in a manner and on the forms prescribed by the Government, accidents resulting in injury, trauma, death, hazardous exposures, and occupational disease involving an elevator or its maintenance.

11.2. Written reports for incidents shall be provided within five (5) working days and include the cause, what, where, and when the incident occurred as well as repairs and tests performed to correct the cause of the incident.

11.3. Contractor shall adhere to OSHA, EPA, NFPA Life Safety Codes, and other regulatory requirements. Safety shall be the Contractor’s highest priority. The Contractor shall be solely responsible for compliance with (Federal) OSHA regulations.

11.4. Contractor shall provide a detailed explanation as to how contract work will be implemented and managed to ensure compliance with OSHA Construction Standards, Life Safety issues, and security measures. Contractor shall have a Site Safety and Health Officer (SSHO) assigned to the contract/project to ensure their technicians are meeting OSHA requirements. The SSHO shall be well versed in OSHA requirements and regulations. The SSHO will perform regular safety inspections on the job site to ensure technician compliance and quality of work is at a high level, presenting no risks to staff or patrons. Safety inspections will include fall protection and electrical hazards and end with job safety meetings with the entire crew. The Contractor shall provide the CO/COR copies of the safety inspection reports upon request at no additional cost to the Government.

11.5. During contract performance, the Contractor shall follow Government’s safety policy and standards for safe work practices and take such safety precautions as the VAPAHCS Safety Officer or designee or the CO/COR may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with VAPAHCS smoking policy.

11.6. Patient, employee, visitor, and Contractor personnel safety shall be always maintained. The Contractor is responsible for the safety and health of his/her employees. The Contractor shall replace all safety guards, equipment, devices, etc. removed to service or repair the elevator immediately after completion of work or when leaving the job unattended.

11.7. The Contractor shall submit to the Contracting Officer, prior to the start of the Contract, the Safety Data Sheets (SDS) for potentially hazardous materials (lubricants, cleaners, fluids, etc.) to be used in the facility during performance of the Contract and will not use materials which have not been approved in advance by the Government. SDS for new chemicals shall be furnished prior to the arrival of the chemical on site. The Contractor shall maintain a copy of all SDS in each elevator machine room to assure compliance with laws and requirements regarding the Right to Know law (OSHA Hazard Communication Standard (29 CFR 1910.1200).

11.8. Contractor is responsible to identify, provide and maintain personal protective equipment (PPE) required to perform the duties outlined in the Contract. In addition, the Contractor is responsible for identifying and providing applicable safety programs required to perform the work i.e., lockout/tag out, confined space entry, universal precautions, etc. Training required for safety programs and proper use of PPE shall be provided by employer, and documentation maintained by the Contractor.

11.9. The Contractor shall obtain a Hot Work Permit from the Government (VAPAHCS Safety Staff) or the CO/COR in advance whenever soldering, welding, grinding, and using a cutting torch, or other open flame, spark or heat producing equipment is used. The Contractor is required to follow requirements outlined for the issuance of the Hot Work Permit.

11.10. Contractor shall be notified of any non-compliance with safety regulations. The Contractor shall, after receipt of such notice, immediately correct the condition and notify the Contracting Officer in writing that the condition has been corrected. If, in the opinion of the CO/COR or the Government’s Safety Officer, the condition is life threatening he/she shall instruct the Contractor to stop work until the condition has been corrected. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order halting all or any part of the work. The Contractor bears all costs of stop-work time and correcting safety hazards.

11.11. Contractor shall reinstall guards or equipment panels, removed to perform maintenance, on the equipment before putting it back into service.

12. QUALITY CONTROL

12.1. Contractor shall establish a Quality Control Program to assure the requirements of the Contract are provided as specified. The Contractor shall submit this program to the CO/COR, for acceptance within ten (10) days of Notice to Proceed. The program shall include the following:

12.1.1. An inspection system covering the services described in the Contract. A checklist used for inspecting Contract performance during scheduled or unscheduled inspections and the name(s) of the individual(s) who will perform the inspection.

12.1.2. The checklist shall include every area of the Contractor’s operation as well as every task required to be performed.

12.1.3. A system for identifying and correcting deficiencies before the level of performance becomes unacceptable and/or the Government inspectors point out deficiencies.

12.1.4. A file of inspections conducted by the Contractor and the corrective action taken. This documentation shall be made available to the CO/COR upon request, at any time during the term of the Contract.

12.2. Site Investigation and Conditions Affecting the Work:

12.2.1. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding, or representation is expressly stated in this contract.

12.2.2. Contract has the responsibility to make the determination and request a site walk. Failure to perform a site walk shall not relieve the contractor to complete the contract on time and within budget.

13. PAYMENT

13.1. PAYMENT FOR VERIFIABLE WORK COVERED UNDER THE CONTRACT

13.1.1. Payment for work covered under this Contract shall be billed monthly.

13.1.2. Payment will be made in areas of the specified billing period after receipt of a properly prepared invoice, provided all required work, including preventative maintenance, submission of reports and all other requirements for the period in question have been performed in accordance with contract stipulations, and can be verified with service reports signed by the COR or COR designee.

13.1.3. The Contractors failure to schedule and perform a PM within the specified time interval shall be considered non-compliance with terms of contract, and Government will take corrective action as defined the Federal Acquisition Regulations (FAR). Payment withholding will be in compliance with the FAR. Criticality of VTE in a medical facility requires that continued Contractor failure to perform will necessitate holding Contractor in default and the Government obtaining suitable service via separate means.

13.2. PAYMENT FOR WORK NOT COVERED UNDER THE CONTRACT

13.2.1. Unless otherwise directed by the CO or unless acting in a good faith effort to perform emergency work (i.e., life, safety, entrapment, etc.), the Contractor shall not perform any work outside of the Scope of this Contract without authorization from the CO/COR and the issuance of a separate Purchase Order. Failure to receive prior approval for out-of-scope work will most likely result in the denial of compensation.

36C26123Q1055

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the…