36C26124R0015_1.docx

36C26124R0015

GENERAL INFORMATION

VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597

POINT OF CONTACT*

Contracting Officer Charee Harris charee.harris@va.gov 775-788-5511

PLACE OF PERFORMANCE

975 Kirman Avenue

Reno Nevada

ADDITIONAL INFORMATION

DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Emergency 500HP Boiler Rental FAR 6.302-2

Combined Synopsis/Solicitation Notice

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

654-24-1-6090-0010 36C26124R0015 11-29-2023 Charee Harris 775-788-5511 12-08-2023 10:00

PST

36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597 X X 532490 $40 Million N/A X 36C261 Department of Veterans Affairs VA Sierra Nevada Health Care System 975 Kirman Avenue

NV 89502

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597

Department of Veteran Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 500 HP Boiler Installation

EA

Monthly Boiler Rental

MO

Freight/Delivery

EA

All work shall be in accordance with the Performance Work Statement 654-24-1-6090-0010 X X Charee Harris Contracting Officer NCO 21 Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597

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 Page 1 of Page 1 of

Part 1

General Information

1. General: This is an emergency service contract to furnish, install, and maintain a temporary boiler at VA Sierra Nevada Health Care System (VASNHCS). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. The contractor shall work directly with the Contracting Officer’s Representative (COR), Boiler Plant Supervisor, and Operations and Maintenance (O&M) Chief on all matters related to this service once awarded the contract.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to furnish, install, and maintain a temporary boiler at VASNHCS as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: VASNHCS has an urgent requirement for a temporary boiler to be furnished, installed, and maintained onsite at the Boiler Plant. Currently, one boiler is not in operation and the remaining two boilers require various repairs, upgrades, and extended maintenance soon to ensure the Boiler Plant will be able to continue to accommodate the hospital for heating, steam, sterilization, etc. Due to the impending 2023/2024 winter, patient care will be severely impacted if another boiler is out of operation. Per VHA Directive 1810: Boilers and Boiler Plant Operations, January 4, 2023, Section 2, paragraph H:

1. While a boiler plant is under renovation or lacking N+1 redundancy (see Steam, Heating Hot Water, and Outside Distribution Systems Design Manual located at https://www.cfm.va.gov/til/dManual.asp) temporary boilers may be utilized. Temporary boilers function as the VA medical facility boilers during this time and must meet the requirements of this directive. If safety devices are not present or not in compliance with the VHA Boiler and Associated Plant Safety Device Testing Manual, ISMs approved by OHE must be in place. Proposed temporary boiler physical security mitigations setup must be submitted to the VHA Healthcare Engineering Oversight Committee on Physical Security and Resiliency for review and approval prior to installation.

1.3 Objectives:

1. Furnish install a temporary boiler per Department of Veterans Affairs (VA) Directives and specifications listed in this PWS.

2. Complete all utility connections.

3. Start up and complete all VA required boiler testing.

4. Certify that boiler is safe and fully operational.

5. Ensure that the boiler is maintained and remains fully operational.

1.4 Scope:

1. Place of work and period of performance:

a. VASNHCS, 975 Kirman Ave, Reno, NV 89502; Boiler Plant, Building (Bldg). 8

b. Temporary boilers must be installed and operational by January 19, 2024. The boilers are expected to be in use for a period of one year.

c. Work will be conducted, Monday through Friday (except Federal Holidays) from 7:30am to 4:00pm.

i. If the contractor desires to work on Saturday, Sunday, holidays, or outside the project site's normal working hours, the contractor shall submit a written request for approval to the COR at least seven (7) working days prior to the proposed start of such work.

d. Facility point of contact:

i. Sergio Yeargin, who may be reached at 775-784-3957 or Sergio.Yeargin@va.gov.

e. Location of temporary boiler:

i. Westside of Bldg 8. (See Attachment 1)

2. References:

a. VA Specifications

i. Attachment 2: 01 00 00 (General Requirements)

ii. Attachment 3: 01 35 26 (Safety Requirements)

iii. Attachment 4: 23 05 10 (Common Work Results for Boiler Plant and Steam Generation)

1. Specifically: para 2.8 (Temporary Boiler Plant Installations – page 23 05 10 -14 thru 23 05 10 -17)

b. American Society of Mechanical Engineers (ASME): Boiler and Pressure Vessel Code, 2023 (or latest edition)

c. VHA Directive 1810: Boilers and Boiler Plant Operations, January 4, 2023 i.

d. VHA Boiler Plant Safety Device Testing Manual, 7th Edition i.

e. National Fire Protection Agency (NFPA) 85: Boiler and Combustion Systems Hazards Code, 2023 (or latest edition)

f. NFPA 70E: Standard for electrical safety in the workplace, 2024 (or latest edition)

g. Occupational Safety and Health Administration (OSHA): 29 CFR §1910.47

3. Services include:

a. Note: A site visit is required by the contractor to ensure the correct equipment, components, connections, and compliance is maintained per this PWS. The contractor will verify all dimensions and connection points prior to acceptance of the contract and eventual delivery of the temporary boiler.

b. Provide the following:

i. Weather enclosure to protect boiler and the operator during operations.

ii. Install six (6) foot chain link fence with privacy barrier. Install water filled traffic barriers at each end of enclosure to stop vehicle traffic. Include a 48” lockable man gate with panic hardware to allow for egress without special knowledge or a key. The gate should also have a sign stating that this is a “Hazardous area”.

iii. (1) 450 BHP (minimum), 30 ppm NOx. Main steam pressure is 120psig. Mobile boiler units (primary fuel: natural gas; secondary fuel: fuel oil). The mobile boiler unit shall be fully functional and include the following at a minimum, sized to the boiler capacity:

1. NFPA 85 compliant natural gas and number 2 fuel train and propane pilot.

2. NFPA compliant boiler control and safety system with capability of remote monitoring. Controls shall be parallel position or approved equal.

3. Main steam stop valve and non-return valve and ASME code welded spools to connect the same to the boiler. Stainless steel braided hose rated for the boiler design pressure for connection to the building main steam header shall also be supplied. Connection to main steam header is 4” diameter pipe.

4. Safety Pressure Relief Valves per ASME code.

5. Fuel Oil

a. With isolation valve at the boiler and stainless-steel braided hose rated for the defined pressure for connection to the existing emergency connection shall also be supplied to connect to the approved location. Site survey is required. The existing facility fuel oil pumps are capable of delivery fuel oil at 120psig. If the temporary boiler requires fuel oil to be at a higher or lower pressure, the contractor shall provide any necessary booster pumps and regulators.

6. Natural Gas

a. With isolation valve at the boiler and regulator if required. Plant pressure is 15psig. Stainless steel braided hose rated for the pressure defined for connection to the building emergency connection shall also be supplied to connect to the bypass piping on number #3 Boiler or other approved location.

7. Feed Water

a. With isolation valve at the boiler. Plant feed water pressure is 185psig. Stainless steel braided hose rated for the defined pressure for connection to the building shall also be supplied.

8. Blowdown

a. To be hard piped to Sanitary Sewer via quench tank for blowdown connection. Survey site for existing sanitary sewer locations.

9. Electrical

a. Provide all necessary wiring and receptables to connect to facility emergency electrical power source with a single electrical connection to power all equipment required by the boiler system. Power shall have individual circuit protection as required by the equipment and NFPA 70.

b. The Boiler Plant has up to 400 amp @ 480 volts available on emergency power for use.

10. Data/Communications

a. The contractor shall provide a local audible and visual alarm at the boiler location (on the outside of the boiler enclosure if one is provided) that activates if the boiler unexpectedly goes offline for any reason. An emergency stop button must be provided on the local boiler control panel and at any remote alarm panel. The boiler shall not be capable of being restarted remotely.

11. Plant control air pressure operates at 95-115psig.

c. Quality Control:

i. After the boiler has been delivered to the site, but prior to VA final acceptance, the contractor will retain a “Qualified Professional Boiler Inspector”, to inspect and document the condition of the boiler, including internal components.

ii. The inspection report must include photographs on the boiler externals and internals.

iii. The inspections shall be conducted on-site by a “Qualified Professional Inspector”, defined by any of the following criteria.

1. The contractor shall provide proof of qualifications as part of the final report.

2. The contractor shall provide a complete copy of the final inspection report to the VA prior to VA acceptance for beneficial use.

3. A boiler inspector who has a valid commission from the National Board of Boiler and Pressure Vessel Inspectors.

4. A boiler inspector who has qualified by passing a written examination under the laws, rules, and regulations of a jurisdiction of a state.

5. A boiler inspector who is regularly employed as a boiler inspector by a jurisdiction that has adopted and administers one or more sections of the ASME Boiler and Pressure Vessel Code as a legal requirement and has a representative serving as a member of the ASME Conference Committee.

d. After the boiler has been delivered to the site, but prior to VA final acceptance for beneficial use, the contractor will retain a chemical treatment vendor to inspect the boiler internals and provide a report on the conditions noting any scaling, corrosion, or other adverse condition that may have been due to poor water condition. This inspection is to be concurrent with the boiler inspection.

e. Contractor is responsible for providing the data required for the site to prepare the Air Pollutant Emissions Notice (APEN) and temporary boiler emissions operating permit. The contractor will provide a copy of the boiler start up and tuning report, including emissions levels prior to beneficial use.

f. All permanent VA Boilers must comply with Boiler Safety Device Testing Manual 7th Edition and Boiler Plant Operations, VHA Directive 1810, January 2023 (or most recent edition). It is acknowledged that temporary rental boilers may not be equipped with all the VA required safety devices. At a minimum, the temporary rental boiler provided by the contractor must be equipped with all safety devices required by NFPA 85 and ASME. The contractor will provide a spreadsheet identifying all boiler safety devices on the proposed boiler including device name, manufacturer, model, serial number, and set points. For all safety devices on the temporary boiler, the contractor will provide written safety device test records including the specific written testing procedure for each device for review and approval and set points for each device. The contractor will provide detailed written test results for VA review and approval prior to placing the boiler in service to provide steam to the facility. The contractor shall be responsible for performing and documenting all safety device testing on a monthly schedule unless otherwise approved. VA staff will not test the devices on the rental boiler.

4. Overview/General Requirements (the most recent edition will apply):

a. Comply with VA Specifications as per Sec 1.4, para 2.a:

i. Attachment 2: 01 00 00 (General Requirements)

ii. Attachment 3: 01 35 26 (Safety Requirements)

iii. Attachment 4: 23 05 10 (Common Work Results for Boiler Plant and Steam Generation)

1. Specifically: para 2.6 (Temporary Boiler Plant Installations – page 23 05 10 -14 thru 23 05 10 -17)

b. VHA Directive 1810: Boilers and Boiler Plant Operations, January 4, 2023

c. VHA Boiler Plant Safety Device Testing Manual, 7th Edition

d. The contractor's equipment and installation must meet the following requirements, and will be inspected by VA Engineering for conformance:

i. National Electric Code

ii. Uniform Plumbing Code

iii. NFPA 85-2023, Boiler and Combustion Systems Hazards

e. The contractor will obtain the necessary permits for Federal, State, City, County, etc., prior to beginning any installation.

f. Lock-out/Tag-out Requirements:

i. All contractors shall submit a Lockout/Tagout program to the COR prior to any work being performed. This program shall meet or exceed (29 CFR) 1910.147(a)(3)(i). The COR shall review the program to ensure it meets requirements. If the program does not meet the requirements, the contractor shall be furnished with a copy of SOP 138-FMS-54.

ii. The contractor shall submit a Job Hazard Analysis (JHA) at least 48 hours prior to the work being performed. The COR shall review the JHA for approval. Once approved, the COR and contractor shall review any Energy control Procedures (ECP) in place for the equipment being worked on. If an ECP does not exist, the COR shall produce an ECP for the work before any work is performed. The JHA and ECP must be reviewed by all employees working on the equipment.

g. Maintenance and preventive maintenance (PM):

i. The contractor will be responsible for all required and recommended maintenance as per the manufacturer's manuals.

ii. The contractor will provide VASNHCS a copy of the manufacturer's manuals with the submittals for the temporary boiler.

iii. The contractor shall provide a site visit at least every other week to perform periodic maintenance.

iv. Documents related to the maintenance conducted shall be provided to the COR within 24 hours of completed maintenance.

h. Training:

i. Contractor will provide three 4-hour operator training sessions (one per shift) covering all manufacturer’s maintenance and operation requirements, boiler start up on both types of fuel, chemical treatment requirements, and safety device operation. Coordinate scheduling with COR.

i. Contact information:

i. The contractor shall provide a dispatch call number, which is manned, 24 hour/7-days per week, 365 days per year.

ii. The contractor shall be available to respond to emergency calls within 2 hours of the initial contact from VASNHCS personnel.

iii. A list of authorized plant personnel will be provided to the successful contractor upon award.

j. Repairs:

i. In the event there are repairs, maintenance, issues outside the contract, the contractor shall provide a quote for the repair or maintenance. At no time will work proceed without the approval of the COR, Chief of O&M, or Chief/Assistance Chief of Facilities Management Service. A purchase order (to be paid with a government credit card) or modification to the contract is required prior to any repair/maintenance work.

k. Emergency repairs:

i. If an emergency repair required and patient care may be impacted, the COR or designated representative may request the contractor to send a technician to immediately correct the issue. A quote will be provided to the COR for any work required to return the system back into full operation.

l. If the VA is providing water treatment, the contractor shall review treatment system and chemicals and provide written approval prior to delivery of the boiler to site.

m. The contractor is responsible to ensure any excess material/debris is removed and properly disposed of from the hospital site in their own containers.

5. The contractor shall ensure that their personnel comply with all VASNHCS policies to include but is not limited to:

a. Parking in the appropriate/authorized spaces, with special consideration to ensure that they are not parking in veteran/patient spaces. (Parking is only available on the 2nd deck of the two-story parking garage off Belli Drive, the four-story parking garage south of the two-story parking garage, or on the streets surrounding the hospital.)

b. No tobacco or smoking (not authorized on any part of the hospital property).

c. Contractor personnel must check-in with the VASNHCS Police every day (during the duration of the service) to receive a visitor badge (which is only good for 24 hours).

d. VASNHCS may demand that the contractor remove any person(s) who pose a threat to the health, safety, or security of the hospital, employees, or patients.

6. Security and Records:

a. Security and records management disclaimer:

b. The Certification and Accreditation requirements do not apply. A Security Accreditation Package is not required.

c. Applicability

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

d. Definitions

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

1. The term Federal record:

a. includes VA records.

b. does not include personal materials.

c. applies to records created, received, or maintained by contractors pursuant to the VA contract.

d. may include deliverables and documentation associated with deliverables.

e. Requirements

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

ii. 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.

iii. In accordance with 36 CFR 1222.32, 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.

iv. The VA 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 the VA 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, contractor must report to the VA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

v. The contractor shall immediately notify the appropriate CO and/or COR upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA 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 vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

vi. 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 VA’s guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

vii. The contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA’s policy.

viii. The contractor shall not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

ix. 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.

x. The VA 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 the VA 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.

f. Flowdown of requirements to subcontractors

i. The contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Boiler Installation Contract Period: Base POP Begin: 12-20-2023 POP End: 12-19-2024

Monthly Rental

POP Begin: 12-20-2023 POP End: 12-19-2024 PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W044 - Lease or Rental of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

Freight/Delivery

POP Begin: 12-20-2023 POP End: 12-19-2024 PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W044 - Lease or Rental of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

B.3 DELIVERY SCHEDULE

975 Kirman Avenue Reno, NV 89502

USA

1.00

975 Kirman Avenue Reno, NV 89502

USA

12.00

1.00

PERFORMANCE WORK STATEMENT

Emergency Request to Furnish, Install, and Maintain a Temporary Boiler VA Sierra Nevada Healthcare System

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 points 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 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: VA TIL as to specifications.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission…