36C26124Q0551.docx

36C26124Q0551

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. SIGNAT

URE 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

593-24-2-577-0141 36C26124Q0551 04-18-2024 Priscilla Murray 808-539-1313 05-06-2024

2:00PM

PDT

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu HI 96813 X X 238220 $19 Million N/A X "See Section B"

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office (NCO 21) 711 Kapiolani Blvd Suite 200 Honolulu HI 96813

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 866-372-1141 vafscenterprisesupport@va See CONTINUATION Page This requirement is for the installation and commissioning of three (3) Cain Boiler economizers that are to be installed on each of the VA's 700 HP Steam Boilers Model Series 500L York Shipley Fire Tube Steam Boilers in in accordance with the PSW/SOW.

Please carefully read the Instructions to Quoters and ensure quotes submitted are complete and conforming to the solicitation's requirements.

See CONTINUATION Page

PR 593-24-2-577-01471

AA 593-3640162-577-855100-2548 0100C1000

X Priscilla A. Murray 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 Priscilla A. Murray Department of Veterans Affairs VA Sierra Pacific Network (VISN 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.

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

Page 1 of

ATTACHMENT

STATEMENT OF WORK

36C26124Q0551 Page 1 of Page 1 of

I. SCOPE OF WORK.

This contract is for the purchase and installation and commissioning of 3 Cain Boiler economizers model RTR-1SF25.3CSS_IOM. That will be installed on each of the 700 HP Steam boilers Model Series 500L York Shipley Fire Tube Steam Boilers. Each boiler has a max allowable of 200 PSIG, Rated HP is 700 HP and capable of 24150 LB/HR. All 3 Boiler model number is 5112L-S4W-700-S200-N/2 and has a max firing rate of 29400 cubic feet an hour/CFH. Each economizer is equipped with other ancillary devices such as timed flood jet nozzle soot blower system with pneumatic drive system, electric damper bypass controls, pneumatic drive cylinders, electrical ball valve control. The Cain economizers are a part of the boiler system because of the ability to burn fuel oil in case of an emergency and must be ready for use after each month of mandatory fuel burns for accomplishing specific directives the VAMC must follow. The equipment is in the Central Energy Plant Building #2, 6900 North Pecos Road, North Las Vegas, Nevada 89086.

Coordination, approved schedule and method of procedures (MOP) is required to ensure the install does not jeopardize the daily operation of the facilities ability to generate steam for the VAMC heating capabilities.

II. SPECIFIC REQUIREMENTS.

“Cain Economizer” Model RTR-1S2F25.3CSS - Purchase, Installation, and Commissioning:

a. Contractor will supply the Las Vegas VA Medical Center with 3 brand new Cain Industries carbon steel tubes that make up the economizer structure. This will consist of a complete inner and outer tube bundle which will require an R1 certification in accordance with ASME BPVC Sec. IX – Qualification Standard for Welding, Brazing and Fusing Procedures, as well as the latest edition of ASME B31.3 – Process Piping. Contractor will follow all purchasing, installation and commissioning request of this Statement of Work which consist of the model of economizer RTR-1S2F25.SS, tube bundles (Inner and Outer), soot blower system, actuator damper flue gas bypass actuator system, timed soot blower system which consist of electrical relays and timers for proper soot blowing after the burning of diesel fuel has been completed. Contractor is to utilize the use of their own equipment, and personnel in removing and installing the new economizers. Contractor is to remove existing economizer one at a time and replace and test each one before starting the work on another boiler. Each economizer must be pressure tested at 1.5 times working pressure which needs to be applied for several hours. “Caution and knowledge must be applied in hydrostatic testing of a pressure vessel to not overpressure the vessel”. If the vessel were pressurized above its elastic limit, the vessel would not be fit for further use and shall be scrapped. Contractor is to fulfill the BEI requirements of testing each economizer before placing in operation. There is a safety relief valve on each economizer that are set at 90% of max allowable pressure and at least 10% above the maximum feedwater pressure. The relief valve must lift in the range of + or – 3% of the setpoint pressure of the relief valve. The sequence of commissioning these critical components is of the utmost importance in ensuring the economizers, and boilers are given back to the medical center with confidence in knowing they are safe to operate.

BOILER 1 BOILER 2 BOILER 3

b. Each boiler economizer is approximately 30 feet elevated above each boiler. Boiler 1 has a catwalk which makes it accessible to do any necessary work. Boiler 2 and 3 however has no catwalk to accomplish any work and will require a man lift to do so. Caution should be adhered to if any rigging is to take place while working on all 3 boilers. Equipment such as air handlers, burner controls, burner display screens, parallel positioning control devices and all ancillary devices associated with each boiler are in the vicinity and should be considered when dealing with heavy equipment’s such as manlifts, forklifts, ladders, gantry systems, chain falls, or other equipment that will be used to accomplish this job.

Heads or Ends

c. The installation of each economizer will consist of welding all tube bundles in place and not using any other methods. Contractor is to install economizers the same way they were initially installed by accounting for all ancillary devices associated with the proper operation of each economizer. This contract will also consist of doing a complete combustion check after each economizer installation by using a certified and calibrated stack gas analyzer. Contractor is to utilize qualified boiler/burner technician who can tune industrial boilers and maintain safe stoichiometric ratios throughout each firing rate of the boiler/burner from 0 to 100% firing rate on natural gas and fuel oil. Contractor is to make sure all ancillary devices work after the installation of each economizer which will consist of the soot blower system, by-pass dampers, pneumatic piston that opens the spray nozzles and all electrical relays, servos and electrical and pneumatic devices associated with the proper operation of the economizers. If any of these devices is defective, under this contract contractor is to repair or replace as needed to ensure all components are satisfactory.

d. Tuning and Commissioning of each boiler will consist of checking boiler stoichiometric ratios on fuel oil and natural gas. Proper operation range of combustion parameters are to be adhered to from 0% to 100% firing rate. This work will take place during the months of June, July, and August and not to exceed into the colder months of September, October, November, December, January, February, March, April and May.

Annual mmBtu/hr

NOX 0.0386

CO 0.0391

SO ² 0.0015

VOC 0.0024

HAP 6.00E-04

III. Warranty Guarantee:

Contractor shall ensure all work has been done per manufacturers recommendation from Cain Industries and York Shipley. If any parts are defective after installation, contractor is to guarantee work for a minimum of 1 year and correct any deficiencies pertaining to the economizer replacement. Contractor is to supply the medical center with all documents pertaining to the new economizer which will consist of R stamp weld certificate, electrical work, economizer nomenclature and testing data of the boiler emissions and the economizer performance after hydrostatic testing.

IV. 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 1 week in advance with the Energy Plant operators and the Energy Plant supervisors.

COMPLETION TIMELINE: Physical work will take place during the months of June, July, and August and not to exceed into the colder months of September, October, November, December, January, February, March, April and May. Work must be completed within 200 Calendar Days.

V. QUALIFICATIONS.

Company shall provide 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.

VI. CONFIRMATION OF REPAIR WORK. All work shall be inspected and accepted by the Energy Plant Supervisor or designee. Upon all work completed and testing, contractor shall indicate on the service ticket the equipment serviced. The equipment serviced must be identified clearly by name, serial number, and location.

VII. 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.

III. 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.

IV. 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.

V. CONTRACT ADMINISTRATION DATA

1. Federal Legal Holidays

The following Federal legal holidays are observed by this facility:

Memorial Day Juneteenth Last Monday in May June 19th

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.

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. 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 Personal Protective Equipment or PPE 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.

6. 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 in case of after-hours issues that maybe the result of work that was accomplished by contractor earlier in the day:

Name:

Address:

Telephone:

7. 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.

8. 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.

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

10. 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:

11. ORDERING ACTIVITY:

Contractor shall not accept any instructions issued by any person other than the CO or COR acting within the limits of his/her authority.

12. CHANGES TO CONTRACT:

Only those services specified herein are authorized. Before performing any service of a non-contractual nature, Contractor shall advise the CO of the reason(s) for the additional work and/or service prior to performance.

13. COMPLAINTS:

Contractor shall promptly and courteously respond to complaints and concerns within 3 working days. Including complaints brought to Contractor’s attention by the CO. Contractor shall maintain a written record of all complaints, both written and oral showing the identity of the individual, the nature of the complaint, and Contractor’s response. Contractor shall permit the Government to inspect such records upon reasonable notice.

14. INVOICE REQUIREMENTS:

a. No advance payments will be authorized.

b. The Government shall pay the Contractor, upon the submission of a properly prepared invoice for prices stipulated in this contract for services and supplies delivered and accepted.

c. Payment of invoices may be delayed if appropriate field service reports are not completed and submitted as specified herein.

d. The invoice shall be itemized to include the following minimum information:

1) Invoice Number and Date.

2) Contract Number.

3) Date of service.

4) Line item from Schedule of Service associated with each charge.

15. POST-AWARD PERFORMANCE CONFERENCE: The CO may schedule a post-award performance conference with Contractor, if deemed necessary, for contract orientation purposes.

16. SECURITY REQUIRMENTS:

A. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

B. A prohibition on unauthorized disclosure: "Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA." See VA Handbook 6500.6, Appendix C, paragraph 3.a.

C. A requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. The term 'security incident' means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a.

D. A requirement to pay liquidated damages in the event of a data breach: "In the event of a data breach or privacy incident involving any SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals." See VA Handbook 6500.6, Appendix C, paragraph 7.a., 7.d.

E. A requirement for annual security/privacy awareness training: "Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall complete on an annual basis either: (i) the VA security/privacy awareness training (contains VA's security/privacy requirements) within 1 week of the initiation of the contract, or (ii) security awareness training provided or arranged by the contractor that conforms to VA's security/privacy requirements as delineated in the hard copy of the VA security awareness training provided to the contractor. If the contractor provides their own training that conforms to VA's requirements, they will provide the COR or CO, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in VA's contract have received their annual security/privacy training that meets VA's requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9.

F. A requirement to sign VA's Rules of Behavior: "Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall sign on an annual basis an acknowledgment that they have read, understand, and agree to abide by VA's Contractor Rules of Behavior which is attached to this contract." See VA Handbook 6500.6, Appendix C, paragraph 9, Appendix D. Note: If a medical device vendor anticipates that the services under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor's designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing VA's information and information systems.

G. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes." See VA Handbook 6500.6, Appendix C, paragraph 5.h., for the specific options.

RECORDS MANAGEMENT LANGUAGE

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 in the course of 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.

17. COVID-19 SUPPLEMENT:

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors statement inclusion to Statement of Work (SOW).

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

1. Documentation requirements:

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

0. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination

0. If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

0. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

0. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool. Regularly check the website for updates.

1. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.”

1. For indefinite delivery contracts: Contractor agrees to comply with FAR 52.232-99 and VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

(End of Statement of Work)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Cain Boiler Economizers Model RTR-1SF25.3CSS_IOM.

Complete Sets of Inside Carbon Steel Tubes with all necessary gaskets Contract Period: Base POP Begin:

POP End:

LOCAL STOCK NUMBER: 240220

Contractor shall remove existing tubes, headers, and materials as needed to install the economizers on each of the 700 HP Steam boilers Model Series 500L York Shipley Fire Tube Steam Boilers, and hydrotest each in accordance with the SOW.

Contract Period: Base POP Begin:

POP End:

LOCAL STOCK NUMBER: 240220

B.3 DELIVERY SCHEDULE

Building #2 6900 North Pecos Road North Las Vegas, NV 89086

Building #2 6900 North Pecos Road North Las Vegas, NV 89086

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

(q) Other compliances. 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; 49 U.S.C. 40118, Fly American; and 41 U.S.C.