36C26125Q0709.docx

36C26125Q0709

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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

570-25-4-751-1117 36C26125Q0709 07-15-2025 Gary Christensen | gary.christensen@va.g ov 650-493-5000 x65825 07-31-2025 13:00

PDT

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Palo Alto Health Care System (90/NCA) 3801 Miranda Ave Palo Alto CA 94304-1207 X 221310 $41 Million N/A X Department of Veterans Affairs Network Contracting Office (NCO) 21

Department of Veterans Affairs Network Contracting Office (NCO) 21

FMS-VA-2(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page This solicitation is to provide industrial water treatement services in accordance with the attached Statement of Work, for the Veterans Affairs Central California Health Care System located in Fresno, California.

Period of Performance 08/08/2025-08/07/2026 NOTE 1: Offerors shall follow the submission instructions specified in Addendum to FAR Provision 52.212-1 and 52.212-2 included in this solicitation. Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for award.

NOTE 2: All questions must be submitted no later than 07/24/25 at 1:00 PM PDT. to gary.christensen@va.gov.

NOTE 3: See site visit information on page xx See CONTINUATION Page X X Gary Christensen

VA-VHA-RPOW-2025-0018

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

Network Contracting Office 21

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 PRICE/COST SCHEDULE

Boiler & Chiller Water/ Condensate Treatment Chemicals/Reagents supply/service

Contract Period: Base POP Begin: 08-08-2025 POP End: 08-07-2026 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

Installation of chemical delivery system and containment units

POP Begin: 08-08-2025 POP End: 08-07-2026

PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

Service Visits

POP Begin: 08-08-2025 POP End: 08-07-2026

PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

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B.3 STATEMENT OF WORK

Boilers and Chillers

Industrial Water Treatment

Introduction: Industrial Water Treatment Supplies and Services

The Contractor shall provide all labor, supervision, materials, supplies, equipment, technical advisory services, transportation and resources necessary for proper chemical treatment of chiller and boiler plant water and steam to achieve specified results for the VA Central California Health Care System, 2615 E Clinton Ave, Fresno, CA 93703. This contract shall be firm fixed price and consists of a year.

Location/Delivery:

Contractor shall furnish all labor, materials and equipment necessary to service for the boiler and chilled water systems located at the three divisions of the VA Central California Health Care System, CA.

1. The chemical water treatment contractor shall provide all supplies and technical advisory services for proper chemical treatment of:

a. Building 22A - (3) 600 Ton and (1) 300 Ton along with (4) 25 Ton cooling towers.

b. Building 27 - (2) 15 Ton cooling towers

c. Building 2 - Three-300 HP steam boilers and associated distribution, condensate return, and deaeration systems.

d. One facility wide secondary chilled water loop with a capacity of 1,500 Tons of cooling.

e. Thirteen closed loop heating/cooling water systems of various sizes throughout the facility

2. VAMC USO employees will be responsible for continuous feeding of chemicals and performing water tests with oversight by the contractor.

3. In addition, the contractor shall periodically verify the proper operation of non-chemical water treatment systems which serve the boiler plant, chiller plant or facility HVAC systems including: feedwater deaerator, reverse osmosis water filtration system, water softener, continuous blow-down equipment, and pot feeders.

4. The goals are safety, reliability and longevity of the steam and condensate piping and equipment in the boiler plant, in the steam distribution system and in the various buildings of the VA facility.

1. Chemical Water Treatment Contractor Qualifications:

1. The contractor shall have been in business at least five years providing chemical treatment of boiler plant and steam distribution systems, cooling towers and closed loop water systems similar in design and utilization (i.e. annual steam production rates, cooling tower tonnage, cooling tower operation, closed loop system applications) to that of the VA facility. Provide a list of customers who have requested similar treatment programs utilizing the contractor’s water treatment services for at least two years.

2. One water treatment specialist who has a bachelor’s degree in chemical engineering or the physical sciences from an accredited college or university shall be assigned to this contract. The water treatment specialist must have at least five years successful experience with boiler water treatment, cooling tower water treatment and closed loop water treatment programs.

3. The water treatment specialist assigned must be located within 100 miles of the site to enable reasonable response times to request for site visits.

4. The contractor must operate (or continuously maintain a contract with) a state certified laboratory to perform complete scientific analyses of water chemistry, deposits, metallic materials affected by corrosion and provide recommendations for correction of problems related to the chemical and mechanical water treatment program. A Professional Chemist shall supervise the laboratory.

2. Chemicals and Testing Supplies:

1. The Contractor shall provide all chemicals, test kits, test reagents, corrosion coupons, and instructional materials as necessary to comply with all contract requirements. Deliver to the boiler plant supervisor or his/her designate.

2. Chelant-based chemicals are not permitted.

3. Chemicals containing hexavalent chromium (Cr) are not permitted.

4. All chemicals utilized must conform to FDA guidelines: CFR 21, 173.310, BOILER WATER ADDITIVES PERMITTED IN PLANTS WHERE STEAM CONTACTS FOOD. In addition, the chemicals shall conform to all local, state, and federal government regulations on water pollution and have appropriate EPA registration. The VAMC utilizes boiler steam for food preparation and for humidification.

5. Chemical Delivery Systems:

NOTE: A cost for each delivery method of chemical delivery shall be presented as part of the response to the service solicitation. Each method of chemical delivery must be clearly explained including all cost, procedural differences, and benefits of use to the VA. New equipment set up cost will be a separated line item as part of the base year cost.

a. Liquid Method - Furnish on site or reuse existing chemical storage containers with secondary containment. Provide bulk delivery service which delivers the liquid chemicals directly into the on site storage containers with no assistance necessary from VA employees other than to provide access.

b. Solid Method - Chemicals in solid form with an automatic dilution system for safe delivery. Provide a safe method to change out of solid chemical containers without contact with actual chemical by VA Personnel. A form of secondary containment is required for system.

c. Furnish on site chemical storage containers with secondary containment. Provide bulk delivery service which delivers the chemicals directly into the onsite storage containers with no assistance necessary from VA employees or equipment - other than to provide access to secured areas.

6. All existing chemicals, which are suitable for the contract program, will be utilized prior to the use of any new chemicals.

7. Submit MSDS sheets for all chemicals utilized during the performance of services under this contract. The MSDS sheets will accompany each delivery of the chemicals to the facility

8. All chemical containers shall be labeled with complete information on contents and shall be returnable. Containers with missing labels shall be removed from the site. All containers remain the property of the contractor and must be immediately removed from the site when they are no longer needed at the site.

3. Performance Requirements: Steam System

1. Total hardness in feedwater shall be less than one part per million (ppm). Advise VA personnel on proper softener monitoring and operation. Make-up feedwater conditioning equipment shall be tested, and proper operation verified by the field service technician in regular intervals not to exceed two weeks’ time. Water conditioning equipment includes carbon based filter, duplex ion-exchange water softener, and reverse osmosis filtration system. All results shall be recorded in the appropriate service report.

2. Dissolved oxygen in the feedwater shall be 7 parts per billion (ppb) maximum with oxygen scavenger treatment temporarily suspended. If it exceeds 12 ppb, provide recommendation to boiler plant supervisor that deaerator must be inspected and repaired.

3. Prevent embrittlement of boiler pressure vessels.

4. Condition the boiler sludge to obtain effective bottom blowdown.

5. Deaerator residual of sodium sulfite, 30-60 ppm, or per deaerator manufacturer guidance.

6. Boiler phosphate residual, 20-40 ppm, or per boiler pressure vessel manufacturer guidance.

7. Total dissolved solids (TDS) in boilers as high as responsible chemistry will allow, but not to exceed 4000 ppm. *Boiler feed make-up is reverse osmosis water, which allows for extremely high cycles of concentration with low TDS / conductivity.

8. Total alkalinity in boilers 800 ppm maximum (1/5 x solids TDS).

9. Maximum suspended solids in boilers 350 ppm, maximum silica 250 ppm.

10. Boiler polymer dispersant residual as recommended by supplier.

11. There shall be no “pitting” corrosion.

12. There shall be no scale and deposit formation in the boilers.

13. Moisture content of the steam shall not exceed one percent. Perform condensate conductivity tests at a steam trap near the boiler steam outlet (at a point with no amines) to evaluate the moisture content of the steam. If necessary, utilize an antifoam agent to limit solids carryover in the steam from the boilers and to control boiler priming, foaming, and misting.

14. Control boiler water chemistry to minimize blowdown and thus improve efficiency.

15. Provide steam amine treatment to provide condensate pH of 8.0 – 8.5 at each condensate receiver throughout the facility and in the condensate storage tank in the boiler plant.

16. Control corrosion rates. Steel corrosion rates shall be less than 2.0 mils per year. Copper corrosion rates shall be less than 0.2 mils per year.

17. Establish layer of magnetic iron oxide (black or dark gray in color) on all steel surfaces as a corrosion barrier.

4. Performance Requirements: HVAC Water Systems The VA is responsible for providing a clean and safe environment of care for our patients and visitors, as well as an acceptable work environment for our employees. The following Environment of Care elements of performance (EP) outline these requirements and shall be kept paramount throughout this contract period.

EC.02.05.01 — The organization manages risks associated with its utility systems.

EP 4: The organization identifies the activities and associated frequencies, in writing, for inspecting, testing, and maintaining all operating components of utility systems on the inventory. These activities and associated frequencies are in accordance with the manufacturers’ recommendations or with strategies of an alternative equipment maintenance (AEM) program.

EP 14: The organization minimizes pathogenic biological agents in cooling towers, domestic hot- and potable cold-water systems.

Water to be used in the condenser water systems shall be treated to maintain the conditions recommended by this specification as well as the recommendations from the manufacturers of the condenser and evaporator coils. Chemicals shall meet all required federal, state, and local environmental regulations for the treatment of condenser-side heat exchangers, cooling towers and direct discharge to the sanitary sewer. An alternating oxidizer/non-oxidizer biocide program is required, as well as an automatically fed bio-dispersant to ensure minimization of build-up of biologicals on the cooling tower sidewalls.

A. The condenser water limits shall be as follows, unless dictated differently by the cooling tower or chiller manufacturer's recommendations:

i. Treatment type Phosphonate/Polymer

ii. Puckorius Index 4 minimum

iii. Langelier Index 4 maximum

iv. Total Dissolved Solids 5000 ppm maximum

v. Calcium Hardness 1200 ppm maximum

vi. Silica 150 ppm maximum

vii. pH 7.5 - 8.5 (vary with proven techniques) B. On treated condenser cooling tower water, blowdown must be minimized until the first of one of the top five limits is reached. Specific requirements for treatment chemicals and levels are listed below:

a. Zinc-Phosphonate Type Treatment:

C. Closed Loop Systems shall be treated with a borax / nitrite treatment. Specific requirements for treatment chemicals and levels are listed below:

VAMC Fresno Feed water - Average Test Results for the Past Three Calendar Years:

VAMC Fresno Typical Make-Up Water Analysis:

4. On-Site Services:

1. The contractor shall provide complete written instructions, supplemented by oral instructions and demonstrations, to boiler plant personnel for their performance of routine water tests and for feeding the chemicals into the systems. The instructions shall cover all aspects of safe chemical handling and safe and accurate testing, and proper chemical feed quantities and methods to suit the plant operating parameters and water treatment performance requirements.

2. The contractor shall provide three two-hour training sessions within two months of the start of a new contract. The first session shall be within one week of the start of the contract. Provide one two-hour training session every six months after the new contract has been in force for six months.

3. As a minimum, perform the following twice monthly for each system, provide complete written reports with all test results and recommendations, and review reports with operations supervisor:

a. Condensate return systems: pH, hardness, dissolved iron and copper, total dissolved solids (conductivity), amine. Condensate conductivity at a steam trap near the boiler steam outlet. Test the condensate for pH at representative samples of condensate receivers throughout the facility at least twice per year. Vary the sample sites every year.

b. Make-up water including soft water pH, alkalinity, hardness, total dissolved solids, suspended solids, and silica.

c. Boiler feedwater: Dissolved oxygen, pH, alkalinity, hardness, total dissolved solids, suspended solids, and silica. Feedwater dissolved oxygen shall be tested twice per year with oxygen scavenger chemical treatment temporarily suspended so that feedwater deaerator performance can be evaluated.

d. Boiler water: Total dissolved solids, conductivity, suspended solids, sulfite, phosphate, alkalinity: P, M & OH,. Samples shall be taken from each boiler vessel at each visit, unless the boiler is down for maintenance and a sample cannot be obtained.

e. Continuous blowdown systems: Check calibration and settings weekly for three months. After three months, adjust to maintain parameters. Check calibration and settings monthly starting at the fourth month and continue for remainder of the contract.

f. Chemical feed systems: Advise operation supervisor weekly for three months on adjustments required to maintain proper chemical dosage and feed rates and blowdown rates.

g. Cooling towers: pH, silica, calcium hardness, total dissolved solids, zinc, tolytriazole, iron, copper, total hardness, biocide.

h. Closed loop water systems: pH, nitrate, total dissolved solids, iron, biocide.

4. The contractor shall visit the plant weekly during the first three months of a new contract. After three months, visit the plant monthly, perform tests listed above and review daily logs of tests performed by boiler plant personnel. Discuss the test results with the plant supervisor. Provide recommendations on treatment methods and consult on boiler plant and steam and condensate distribution systems problems as requested. Send water samples to the laboratory as necessary to resolve problems and questions. Make additional visits at the request of the plant supervisor to handle problems.

5. Conduct waterside inspection of boilers, feedwater deaerator and condensate storage tank at least once per year. Through the Contracting Officer’s Representative (COR), coordinate the boiler and feedwater deaerator inspection to coincide with the inspection by the Qualified Professional Inspector (boiler inspector). VA personnel will prepare equipment for inspection.

6. Provide recommendations on wet and dry boiler lay-up procedures, including monitoring, of boilers not in service.

7. Provide recommendations on proper operation of continuous boiler blowdown systems and boiler bottom blowoff procedures.

8. Test corrosion coupons from condensate lines once per year and provide report. VA personnel will install, remove and deliver the coupons to the water treatment specialist.

9. Any deficiencies or problems noted with VA test results or with the water treatment specialist’s test results are to be reported immediately to the plant supervisor. If problems are found, corrective actions must be recommended immediately, chemicals as necessary provided, and tests performed as necessary to confirm that desired results are achieved.

5. VA Boiler Plant Staff Responsibilities:

The plant personnel will perform routine testing for chemical residuals, conductivity, hardness, alkalinity, pH, chloride, silica, iron and copper, and other tests as recommended by the water treatment specialist.

6. Requests for Quotations (RPQ):

1. Prospective contractors are required to submit proposals for a complete chemical treatment program required for this medical center. Completely respond to the “Qualification Requirements” in this “Statement of Work” including qualifications and experience of the water treatment company and the water treatment specialist, and information on the state certified testing laboratory that will be utilized.

2. For informational purposes, submit a breakdown of costs to include proposed chemicals, feedrates, annual projected usage and unit costs based on the above requirements and previous usage.

3. Visit the site and meet with the boiler plant supervisor and Contracting Officer’s Representative (COR) to discuss the existing conditions and the proposed plan for chemical treatment and monitoring of results.

7. Administrative Requirements:

1. All on site work is to be coordinated with the boiler plant supervisor at least seven (7) days prior to performance of services.

2. All work to be performed between the hours of 8:00AM to 4:30PM, Monday through Friday, excluding Federal Holidays. Federal holidays are: New Year’s Day; Martin Luther King, Jr. Birthday; Washington’s Birthday; Memorial Day; Juneteenth, Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; Christmas Day and any other declared a Federal holiday by the President of the United States.

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

4. Provide information on the normal time delivery time for chemicals. Provide method for emergency chemical deliveries.

5. A laboratory certified by the State shall perform laboratory work.

6. A written report of each analysis and inspection shall be submitted immediately upon completion of each analysis and/or inspection to include a summary report of treatment recommendations based on the analysis report. Each report will be submitted in duplicate to the boiler plant supervisor and to the COR.

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

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

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

10. Immediately prior to commencing the chemical treatment contract, VAMC will arrange for an internal inspection of each boiler by the boiler plant supervisor and the contractor’s (chemical supplier) field representative. A visual and written record of the condition of each of the boilers will be signed by the contractor and the VAMC representative. Upon termination of the contract, a similar inspection will be conducted. Any deterioration in the boiler conditions attributable to the contractor’s program shall be corrected by the contractor at no additional cost to VA.

a. At any time during contract period if equipment in contact with treated system becomes fouled by scale or sludge, loses design performance set forth by manufacturer, or is destroyed and / or impaired due to improper treatment, neglect or any other condition caused by the contracted vendor’s service, the vendor will be held solely responsible. The cost burden of repairs will be on the vendor to restore affected equipment and / or systems to “like new” conditions.

b. Any repair parts utilized will be from the original equipment manufacturer. If OEM components are not readily available, an item equal to or greater than (design, reliability and performance) may only be used at the government’s discretion and approval. Methods of repair or replacement will be of the manufacturer’s direction, via technical manuals, technical support, and / or factory direct representative.

c. In the event that equipment outages affect the utility plant’s ability to provide adequate HVAC services to the facility, the vendor shall be responsible for all contractual arrangements for the acquisition or temporary equipment, including locating an equipment provider, scheduling delivery, pick up and installation. Vendor shall also be responsible for all charges incurred for transportation, delivery, loading and off-loading of temporary equipment as well as costs incurred due to connection or installation of temporary equipment, including but not limited to piping, hoses, electrical wiring, electrical distribution and control equipment. Vendor shall also be responsible for rental / lease fees, maintenance fees and operational costs (fuel, oil, etc) of equipment required to support temporary equipment. In addition, vendor shall be responsible for providing labor without charge to the government in the event the temporary equipment utilized places an unreasonable burden on the available government labor force. (For example, if a temporary rental chiller was required the contracted vendor would provide sufficient labor to sight the equipment, assist in installation, observe repair work performed on the rental unit when and if required provide an operator for the equipment.)

8. Submittals required for all Products and Services:

1. Three hard copies of all information.

2. Complete specification of all products: name, ingredients, control range, test procedures, physical state (liquid, powder, etc.), container size, method of delivery, compatibility with present materials being used, catalog data, SDS sheets.

3. Products, quantities and projected yearly costs.

4. Personnel: Names, office address, resumes.

5. List of at least five customers with contact information.

9. Security Requirements

Security Badge: Vendor shall notify VA police on arrival and obtain a temporary badge. The VA Issued Security badge shall be worn on the upper torso and be always visible.

Contractor’s Badge: Vendor employees, and representatives shall always have a company badge or identification visible.

Physical Security: The vendor shall be responsible for safeguarding their equipment while on government property government. Additionally, the contractor shall be responsible for any government equipment, information and property provided for vendor use. Vendor will NOT be provided a staging area for storage of tools, equipment, material, supplies, and other items. The Government will not be responsible for damage or loss of vendor’s property. Vendor is responsible to safeguard its property.

OI&T Security: Office of Information and Technology (OI&T) certification and accreditation requirements do not apply for this service contract and therefore a Security Accreditation Package is not required. At no time will the vendor be in contact or have access to VA sensitive information, OI&T systems, or the VA OI&T network.

10. Quality Assurance:

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

Quality assurance testing shall be conducted semi-annually by an independent water treatment laboratory.

a. Condenser Water Quality Assurance Tests shall include the following information recorded in accordance with ASTM D 596

i. Date of Sample

ii. Temperature (Before and After Condenser) (º F)

iii. pH

xviii. Puckorius Index

xix. Langelier Index

xx. Make up water pH

b. Closed Loop Water Quality Assurance Test shall include the following information recorded in accordance with ASTM D 596:

i. pH

viii. Written evaluation summary

c. Steam Boiler Quality Assurance Test shall include the following information recorded in accordance with ASTM D 596:

i. Date of Sample

ii. pH

1. Visit the plant weekly, perform required tests and review daily logs of tests performed by boiler plant personnel. Discuss the test results with the plant supervisor. Provide recommendations on treatment methods and consult on boiler plant and steam and condensate distribution systems problems as requested. Send water samples to the laboratory as necessary to resolve problems and questions. Make additional visits at the request of the plant supervisor to handle problems.

2. Conduct waterside inspection of boilers, feedwater deaerator and condensate storage tank at least once per year. Through the Contracting Officer’s Representative (COR), coordinate the boiler and feedwater deaerator inspection to coincide with the inspection by the Qualified Professional Inspector (boiler inspector). VA personnel will prepare equipment for inspection.

3. Provide recommendations on wet and dry boiler lay-up procedures, including monitoring, of boilers not in service.

4. Provide recommendations on proper operation of continuous boiler blowdown systems and boiler bottom blowdown procedures.

5. Test corrosion coupons from condensate lines once per year and provide report. VA personnel will install, remove and deliver the coupons to the water treatment specialist.

6. Any deficiencies or problems noted with VA test results or with the water treatment specialist’s test results are to be reported immediately to the plant supervisor. If problems are found, corrective actions must be recommended immediately, chemicals as necessary provided, and tests performed as necessary to confirm that desired results are achieved.

7. When required and at a minimum of four times per a contract period, the contracted vendor shall meet with a representative of the government, and any other persons which have been contracted by the government to perform services that directly relate to the operation or could affect the condition of the HVAC and refrigeration equipment covered in this contract.

11. Quality Control:

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

(END OF STATEMENT OF WORK)

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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. 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…