36C26124Q0074 SA SDVOSB Fuel Tank Cleaning Service LV.docx

36C26124Q0074

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

36C26124Q0074 10-18-2023 Brandy Gastinell 916-923-4551 10-25-2023

9AM

PDT

612MCP

Department of Veterans Affairs Network Contracting Office (NCO) 21 3237 Peacekeeper Way, Bldg 200 Suite 204 McClellan Park

CA

95652 X X 213112 $47 Million N/A X VA Northern Las Vegas Medical Center 6900 North Pecos Road Las Vegas

NV

89086

612MCP

Department of Veterans Affairs Network Contracting Office (NCO) 21 3237 Peacekeeper Way, Bldg 200 Suite 204 McClellan

CA

95652

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

TX

78714-9971 See CONTINUATION Page Request for Quote (RFQ) to provide fuel tank cleaning services as described within this RFQ and all attachments.

VA Contracting POC: Brandy Gastinell brandy.gastinell@va.gov 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.

Offerors shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212-2,and their addendums included in this solicitation. Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for award.

Submit all questions and quotes electronically to:

brandy.gastinell@va.gov by 9AM PST 10/25/2023.

See CONTINUATION Page X Brandy Gastinell

VA-VHA-2020-6F54476D

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

The Las Vegas VA Medical Center’s facility management service, located at 6900 North Pecos Road, North Las Vegas, NV 89086 intends to issue RFQ 36C26124Q0074 to provide fuel tank cleaning services within a 30 day period of performance. This firm-fixed price solicitation is being conducted in accordance with FAR Part 13 Simplified Acquisition Procedures and the corresponding NAICS Code is 213112 Support Activities for Oil and Gas Operations, Size Standard: $47.0M.

Please see RFQ document 36C26124Q0074 for requirements.

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 Brandy Gastinell Department of Veterans Affairs

Network Contracting Office (NCO) 21 3237 Peacekeeper Way, Bldg 200 Suite 204 McClellan Park CA 95652

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

Page 1 of Page 1 of Performance Work Statement

I. SCOPE OF WORK.

The contractor will perform a comprehensive cleaning and fuel oil testing of 9 Xerxes fiber glass tanks as well as cleaning of our fuel oil filtering systems. Each tank will be systematically emptied to the other 8 tanks as well as having an extra portable tank to be used for emptying the tank being cleaned. This Contract for Fuel Storage Tank Cleaning Services will cover the requirements of the VAMC for complete fuel tank cleaning and fuel purification processes. It is the Supplier’s responsibility to ensure the cleaning process complies with all applicable federal safety standards, OSHA requirements, environmental regulations, and state regulations, including proper disposal of extracted waste materials. The facility that is requiring this service is located at Central Energy Plant Building #2, 6900 North Pecos Road, North Las Vegas, Nevada 89086.

II. SPECIFIC REQUIREMENTS:

a. A total of 9 fuel oil storage tanks with a maximum capacity of 19000 each time 9.

Contractor will provide a turn-key service to completely service and clean all (9) underground storage tank at the Energy Plant. The Underground Storage Tanks will be serviced one at a time to prevent service interruption to the medical center. Each fuel tank will be emptied to distribute fuel oil to the other 8 fuel tanks and whatever fuel is left will be emptied to a portable fuel tank. Contractor is to make sure all spill prevention and cleanup is done in a manner that will not damage the environment. Contractor will clean all sludge and debris from each fuel tank that is emptied, and all contaminants will be disposed of in a manner that suits all environmental proper disposal procedures. Contractor is to check the liquids stored in it assess the physical and chemical properties of the tank’s contents and all its associated deposits for understanding the expected behavior under tank cleaning conditions. Pay attention to lash point, electrical conductivity, lead content, toxic additives, and hydrogen sulfide. Before taking the tank out for service, ensure to minimize any sludge or sediment by either diluting the contents or adding the requisite chemicals. Estimate the amount of the sludge and empty the tank to the maximum possible extent using the normal operational piping system. If the tanks cannot be unloaded using the conventional system, adopt special measures such as connecting it to low drains and adding water to raise the product level. Vacuum pumping also serves the same purpose.

After the tanks are vacant, empty all the connecting pipes and flush it with water. Then, collect all water used for clearance and flushing for separate treatment or disposal unless its quality is acceptable for the standard interception system. Schedule and coordinate work with plant supervisor or designee should there be a complete loss of water service. The completion of the UST tank services must meet the function and operation per manufacturer’s specifications. Contractor must be familiar with working on industrial capacity fuel oil storage/UST tanks. Contractor will provide necessary materials, equipment, labor, and supervision to accomplish this project and service. Any modifications or additional requirements not included in this service contract must have approval from the Energy Plant supervisor or designee. Site visits will be allowed to view specified equipment, requirements, and surrounding details.

b. SPECIFICS CONTINUED:

The VAMC also has (3) 700 HP Boilers and (6) Diesel generators that uses the same fuel system that will be cleaned. Contractor is to keep in mind that at no time will the system be incapacitated from having emergency use if needed. Attached schematics shows (2) filter pumps, (2) FOTP/Fuel Oil Transfer Pumps and (2) Boiler Fuel Oil Pumps that must be always ready for instant use if needed.

III. FUEL TESTING:

Contractor will test each tank for water and visual, fuel degradation, and microbial/microorganism culture, particle contamination, sediment and water and all trace metals for parts per million (PPM). Contractor is also to do a Quality Assurance testing as well, this will cover cetane index, cloud point, density, distillation, flash point sediment and water and sulfur content. All testing documentation will be given as a hard copy as well as emailed to the COR.

IV. FUEL TOP OFF:

Contractor will top off all underground fuel tanks to 19500 gallons in each tank.

After all tank cleaning has been done by the contractor, each fuel tank will top off to the requested amount. Each tank will be tested of any contaminants after fuel and tank cleaning before any new fuel is added to all 9 tanks. When fuel is added, contractor is to give separate invoice of fuel delivered which should include pricing excluding all taxes. This contract will and should cover the cost of additional fuel that is needed to top off all fuel tanks.

V. REPORTS AND DOCUMENTATION:

Paperwork All documentation and paperwork are to be given to COR/Contracting Officer Representative. All fuel that is stored, removed, and filtered will be documented and tracked for the VAMC records. All fuel readings will be taken before each tank is emptied, cleaned, or filled by printing Veeder root tape and then recorded on a separate form as well as giving Veeder root to plant personnel. All fuel filtering results will be documented and given to the COR of this request.

VI. SPILL PREVENTION:

NDEP/Nevada Department of Environmental Prevention

a. A spill can be described as any pollutant, hazardous waste or contaminant that has been spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, escaped, leached, dumped, or disposed into the environment. This would then be deemed a spill. Spills in excess the Reportable Quantities must be reported to the Nevada Division of Environmental Protection.

b. The reportable quantity for petroleum products such as gasoline, diesel, and hydraulic fluid is 25 gallons or 3 cubic yards of contaminated material, or the presence in groundwater. A spill of any quantity that affects a water way within the State of Nevada must be reported, regardless of the quantity (e.g., oil sheen).

c. The reportable quantity for hazardous waste is based on the Federal EPA guidelines established under Title III List of Lists (40 C.F.R. Part 302). A spill of any quantity that affects a water way within the State of Nevada must be reported, regardless of the quantity.

d. Spills must be reported to the Nevada Division of Environmental Protection as soon as possible, but no later than the end of the first working day of the release.

1. NAC 445A.3475 has been amended as follows:

NAC 445A.3475 Provision of notice. Any notice of a release of a hazardous substance required to be provided to the Director: 1. Pursuant to NAC 445A.347 may be: (a) Provided via the online reporting system available at www.ndep.nv.gov (b) Faxed to (775) 687-8335; or (c) Provided by telephone at (888) 331-6337, for in-state telephone calls, or (775) 687-9485, for in-state or out-of-state telephone calls. 2. Pursuant to NAC 445A.3473, notification must be provided by telephone at (888) 331-6337, for in-state telephone calls, or (775) 687-9485, for in-state or out of-state telephone calls.

2. Pursuant to NAC 445A.3473, the NDEP must be notified by telephone “as soon as practicable” within 24 hours for the following types of releases: A) Is in a quantity equal to or greater than that which is to be reported to the National Response Center pursuant to 40 CFR Part 302; B) Involves any amount of a hazardous substance that is released to surface water; C) Threatens a vulnerable resource* *vulnerable resource is defined as: 1)any building or structure that is used primarily to house or provide services to children, elderly persons or sick persons including without limitation, a school, daycare center, senior citizen center or hospital. 2) An area located within 150 feet of a public water system wellhead. 3) a storm drain (NAC 445A.3459).

VI. COORDINATION OF WORK:

Communicating with Energy Plant Personnel.

Contractor will make sure that all work that is being done will not cause the inability to use our emergency fuel systems for our generators and boilers. Contractor is to coordinate all requirements with the Energy plant personnel when emptying, cleaning, filling, or securing any valving, meters, electrical, fuel piping or any devices associated with the fuel cleaning and maintenance. If there are any devices requiring Lockout Tagout, contractor is to coordinate all LOTO procedures with the COR or Energy Plant Personnel.

VII. Safety:

Contractor is to follow and adhere to all safety precautions associated with confine spaces, hazard spills, personal PPE’s, and flash points of fuel. Contractor is to have its own directives for safety of machinery and personnel as well as following VHA directives while on site working on the fuel system.

VIII. RECORD MANAGEMENT:

a. 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. Chapters. 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.

The VA Southern Nevada Healthcare System (VASNHS) 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 VASNHS or destroyed except for 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 VASNHS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

The contractor shall immediately notify the appropriate Contracting Officer (CO) 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 documents. 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 VASNHS 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 CO or address prescribed in the contract documents. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The contractor is required to obtain the CO'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 VASNHS 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 VASNHS policy.

The contractor shall not create or maintain any records containing any non-public VASNHS information that are 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 FOIA.

VASNHS 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 VASNHS 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.

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 document, 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.

VII. HOURS OF WORK AND SCHEDULING.

Normal working hours are from 7:30 a.m. to 4 p.m., Monday through Friday, excluding Federal holidays. Work performed outside of normal working hours must be scheduled with the Central Energy Plant operator at (702) 791-9000 ext.16900, located in the Central Energy Plant, building number 2. An operator is on duty 24-hours per day, 7-days per week. Work shall be scheduled with the Energy Plant operators or Energy Plant supervisors.

Place of Performance:

Central Energy Plant Bldg.2 6900 North Pecos Road North Las Vegas, NV 89086

COMPLETION TIMELINE: Project must be completed within a month and payment will be submitted upon completion of this project.

IV. QUALIFICATIONS.

An authorized company capable of providing the required materials, install and testing all components. A lead technician shall be provided by the contractor that has documented experience implementing large scale projects equal to or greater than the scope of this project to oversee all contract personnel.

V. CONFIRMATION OF REPAIR WORK. All services will be confirmed and approved by the Energy Plant supervisor or designee. When service is completed, the contractor must indicate on the service ticket the equipment serviced. The equipment serviced must be identified clearly by name, serial number, and location.

VI. COMPLIANCE.

The contractor shall be fully responsible for compliance with all VA, local, state, and federal environmental/occupational safety laws, rules, and regulations. The contractor shall follow life and safety codes and take necessary actions to avoid conditions that may be hazardous to the health and safety of hospital personnel and patients. The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working processes; example: lock-out/tag-out program or safe handling of hazardous materials.

VII. CONTRACTOR EMPLOYEES.

Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. Example: wearing of distinctive clothing such as uniform, badges, patches, etc.

VIII. ESCORT AND VETERAN’S HOSPITAL SECURITY POLICE CHECK-IN.

All contractor personnel working onsite at the VA facility shall check in and out with VA police dispatch located in the front entrance of the main hospital building. Access to work areas, and performance monitoring, will be provided by VA Energy Plant maintenance personnel. After hours response will be monitored by VA Central Energy Plant operators, 702-791-9000 Ext 16900. In all cases, VA Central Energy Plant operator shall be notified of any changes which may affect the response time of vital equipment.

C&A requirements do not apply, and a Security Accreditation Package is not required.

IX. CONTRACT ADMINISTRATION DATA

1. Federal Legal Holidays

The following Federal legal holidays are observed by this facility:

Note: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on Sunday will be observed on the following Monday. Contractor’s days to perform are reflected in the Performance Work Statement/Statement of Work.

2. Invoice and Payments:

Invoices shall be itemized to include the information below (a-f). For any missing information, this will render the invoice incomplete, and the invoice shall be returned for immediate correction.

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

3. VA Policy

Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

4. Contracting Officer Representative (COR)

The Contractor shall not accept any instructions issued by any other person(s) other than the contracting officer. The government may appoint a COR, if so, a Delegation of Authority letter shall be forwarded to the using service and the Contractor after contract has been signed, identifying the individual(s) as the COR(s).

5. Hours/Period of Performance

The hours of performance are 7:30 am – 4 pm, Monday through Friday, excluding Federal holidays.

6 Contractor Personnel The contractor shall assign a point of contact (POC) for the purpose of ensuring compliance with the provisions of the contract. The contractor’s POC shall be available on site and have the ability to address performance issues. All employees should be able to read and speak English.

Contractor personnel working under this contract shall not be considered VA employees for any purpose and shall be considered employees of the contractor. All contractor personnel assigned to the performance of this contract shall wear a contractor-provided uniform or I. that clearly identifies the individual as a contractor. All contractor personnel are required to wear identification (I. badges during the entire time they are on the VASNHS grounds. ID badges must have picture identification, name of the individual, and the represented company depicted on it.

Contractor personnel shall not wear sandals, flip-flop style footwear, or open-toe shoes; and shall follow VA dress guidelines. A copy of this will be provided upon request.

The contractor shall ensure that the staff assigned shall be cognizant of the VA’s sexual harassment and drug-free workplace policies. The contractor may obtain a copy of this information from the COR.

7. Contractor Contact Information

Offerors shall provide in the space provided below the name, address and telephone number of the office where calls are to be placed:

Name:

Address:

Telephone:

8. Contractor Personnel Qualifications:

The contractor shall provide a Lead Technician to oversee all contract personnel with documented experience implementing large scale projects equal to or greater than the scope of this project.

9. Safety and Fire Prevention

In the performance of this contact, the contractor shall take such safety precautions as necessary to protect the lives and health of the occupants of the building. Fire and safety deficiencies, which exist and are part of the responsibility of the contractor, shall be immediately corrected. If the contractor fails or refuses to correct deficiencies promptly, the contracting officer may issue an order stopping all, or any part, of the work.

The contractor shall comply with applicable Federal, Nevada State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract. The contractor personnel shall follow applicable facility policies concerning fire and disaster programs. A copy of this may be obtained from the COR.

10. Parking Policy

It is the responsibility of contractor personnel to park only in designated parking areas. Parking information is available from the VA police. The VA will not validate or make reimbursement for parking violations of the contractor’s personnel under any circumstances.

11. Smoking Policy

Smoking is not permitted within or around the VASNHS facilities, except in designated areas.

12. Contractor Submittals/Insurance Requirements:

The contractor shall be required to comply with Federal and Nevada State workers compensation and liability insurance (reference FAR clause 52.228-5-Insurance and Subpart 28.307-2-Liability).

The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

The Contractor shall be responsible for all damages to property, which may be done by him/her or any employee engaged in the performance of this contract.

The parties agree that the Contractor’s personnel working under a contract shall not be considered VA employees for any purpose and shall be considered employees of the contractor. The contractor shall be responsible for providing:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Fuel Tank Cleaning and Fuel conditioning with fuel top off of 9 tanks.

PRINCIPAL NAICS CODE: 213112 - Support Activities for Oil and Gas Operations PRODUCT/SERVICE CODE: J091 - Maintenance, Repair, and Rebuilding of Equipment - Fuels, Lubricants, Oils, and Waxes

MANUFACTURER PART NUMBER (MPN): N/A

NATIONAL STOCK NUMBER: N/A

LOCAL STOCK NUMBER: N/A

B.3 DELIVERY SCHEDULE

1.00

Page 1 of

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 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.3 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more…