36C26320Q0256-001.pdf

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. DUNS: DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 74

636-20-2-7156-0136

36C26320Q0256 02-19-2020

Angela Stewart 605-336-3230 x7804 02-28-2020 11:59pm ET

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105 Angela Stewart angela.stewart438@va.gov

X 100

X

238220

$16.5 Million

N/A

X

Nebraska - Western Iowa VA Health Care System Grand Island VA Medical Center 2201 North Broadwell Avenue Grand Island NE 68803-2196

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

Financial Services Center via the Tungsten network reference VAAR clause 852.232-72 Austin, Texas payment center

See CONTINUATION Page

Upgrade Boiler Safety Device Testing services at the Nebraska - Western Iowa VA Health Care System, Grand Island VA Medical Center at Grand Island, Nebraska Period of Performance: 03/01/2020 to 07/01/2020

This procurement is a total Service Disabled Veteran Owned Small Business set-aside. Prospective offerors must be Verified as an SDVOSB in the VIP System and have an active SAM.gov registration at the time of submission of the quote and at the time of contract award.

This Solicitation will result in a Firm Fixed Price contract

Contractors are responsible for the correct SCA Wage and Determination classification of workers and compliance with all wage and hour laws.

See CONTINUATION Page

636-3600162-7156-854200-3220-020034192 636-20-2-7156-0136

X X

X 1

John Becker

VA-VHA-2019-95FFC7A6

36C26320Q0256

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

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

C.3 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (DEC 2019)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

1. CONTRACT ADMINISTRATION. All contract administration matters will be handled by the following individuals:

a) Contractor Information Company Name and Address:

Data Universal Numbering System (DUNS) Number:

Contact Person(s) Name:

Contact Person(s) Email:

Contact Person(s) Telephone:

b) Government Information

Angela Stewart Contract Specialist Department of Veterans Affairs Network Contracting Office 23 (NCO 23) 2501 W. 22nd Street Sioux Falls, South Dakota 57105

2. CONTRACT REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management, and VAAR 852.232-72, Electronic Submission of Payment Requests.

3. INVOICES: Invoices shall be submitted in arrears. Submission will be quarterly for the previous quarter of the period of performance and no later than 15 calendar days after the close of the period of performance being invoiced for. Invoices shall be based on the applicable fixed rates for services provided to VA as in accordance with the contract terms and conditions. The VA Technical Representative (VATR) will review all invoices submitted. The VATR is responsible for certifying invoices for payment for only those services received and deemed acceptable by VA.

4. GOVERNMENT INVOICE ADDRESS: All invoices shall be submitted by the contractor via the Tungsten Network (previously OB10) electronic invoicing system. Refer to the Tungsten Network website at http://www.tungsten-network.com/us/en/veterans-affairs-us/ for additional information for system registration, user guides, and help desk contacts.

5. ACKNOWLEDGEMENT OF AMENDMENTS: The offeror acknowledges receipt of Amendments to the Solicitation numbered and dated as follows:

Amendment Date

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Correct boiler deficiencies to bring Boiler #1 (Superior, S/N

17472, NB#24058) and plant operations into compliance with VHA Boiler and Associated Plant Safety Device Testing Manual, current edition Contract Period: Base POP Begin: 03-01-2020 POP End: 07-01-2020

1.00 JB __________________ __________________

Identify deficiencies in the burner unit (Preferred Utilities, model #API200) of Boiler #1 and provide solutions for such deficiencies.

Contract Period: Base POP Begin: 03-01-2020 POP End: 07-01-2020

GRAND TOTAL __________________

http://www.tungsten-network.com/us/en/veterans-affairs-us/ http://www.tungsten-network.com/us/en/veterans-affairs-us/

B.3 STATEMENT OF WORK

Statement of Work

For Boiler Plant Safety Device Upgrade

Nebraska-Western Iowa Health Care System Grand Island VA Medical Center

2201 North Broadwell Avenue, Grand Island, NE 68803

I. INTENT

A. The Contractor shall provide all necessary supplies, equipment, insurance, labor or sub-contract and materials to perform VHA Boiler and Associated Plant Safety Device Testing Manual current edition repairs and identify burner deficiencies with recommendations to improve reliability.

B. Place of Performance: Grand Island VA Medical Center: 2201 North Broadwell Avenue, Grand Island, NE 68803.

C. Period of Performance: 03/01/2020 to 07/01/2020 D. Performance daily schedule: The contractor is expected to complete all work during normal business hours (07:00-16:00) of appointed boiler plant personnel, which excludes federal holidays. In the event that utility shutdowns are required, a request must be sent and approved to the VA Technical Representative two weeks prior to the event. Work related to utility shutdowns must be complete outside of normal business hours (07:00-16:00).

E. Points of Contact for this project include

a. The VA Technical Representative (VATR) is Griffin Walsh, griffin.walsh@va.gov,

(402) 995-3741.

b. The Grand Island Plant Supervisor is George Burgess, george.burgess2@va.gov, (308) 382-3660 ext. 2369.

c. The Grand Island M&O Supervisory Engineer is Stephen Holder, Stephen.holder@va.gov, (308) 382-3660 ext. 3349.

II. GENERAL-OVERVIEW

A. General Description of Services

i. This service contract includes upgrades to Grand Island, Veteran’s Affairs Boiler #1, plant operations and identification of deficiencies with its burner capabilities with proposed solutions to resolve issues. The contractor will repair, replace deficient equipment listed below and test the equipment to make sure it performs properly.

ii. The contractor shall provide all tools, labor, and resources necessary to complete the services as required.

iii. All work must be completed in accordance with equipment manufacturer documentation (user/service manuals), applicable federal regulations, nationally accepted industry standards, and VA directives and policies.

iv. Contractor is responsible for all travel-related costs.

B. Contractor is to provide on-site supervision of Contractor personnel at all times when contract work is being performed. Supervision may be provided by a working foreman or work leader. All Contractors personnel or subcontractors shall wear, in plain sight; badges, tags or other label with company and employee name.

C. All equipment used by the contractor will meet all federal, state and local requirements. Government will not be held responsible for any repairs, replacement or loss of contractor equipment.

D. Contractor will be diligent to protect government property from damage. Contractor will be bonded/insured for repair/replacement of government property or any liability for damage to private property or harm to anyone physically. Any damage to VA Property or Equipment must be repaired or replaced to original condition.

E. Contractor will utilize products and chemicals that are considered “Green” to the greatest extent possible. Contractor will provide product information to VATR one week prior to use for approval. Contractor will keep current Safety Data Sheets on all products used or stored on site.

F. All products, equipment and work areas will be kept clean and orderly. Storage of products and tools in the facility will be limited to one day’s work requirements.

G. Parking for contractor’s employees and/or subcontractors will be in designated areas only as determined by the VATR and can be coordinated with the POC’s listed above. Contractor personnel will possess a flash badge when on VA property.

H. Contractor supervisor is responsible to check in with the VATR daily and provide status update. Supervisor must have cell phone communication in order to respond to corrections in a timely manner and notify VATR of any emergencies.

I. The Contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property.

J. Among all other requirements, the VA Health Care System and its property is now entirely smoke-free.

K. National Archives and Records Administration (NARA) Records Management Language for Contracts

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C.

Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552);

Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

d. 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 by the Freedom of Information Act.

e. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f. The Government Agency owns the rights to all data/records produced as part of this contract.

g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract.

Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

i. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

j. Contractor is required to obtain the Contracting Officer'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 this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

L. Reference Materials: Qualified personnel shall be familiar with and have ready access to the current versions of the following codes and manuals:

a. ASME Boiler and Pressure Vessel Code

b. ASME B31.1, Power Piping Code

c. ASME CSD-1, Controls and Safety Devices for Automatically Fired

Boilers

d. ANSI/NB-23, National Board Inspection Code

e. NFPA 85, Boiler and Combustion Systems Hazards Code

f. VHA Boiler Plant Safety Device Testing Manual Rev 5

M. Safety Requirements: The contractor shall comply with all VA and OSHA safety and security requirements and special work permits. The contractor may be required to obtain identification badges for all personnel prior to the commencement of work.

III. Scope of Work A. Overview: The contractor shall furnish all labor, tools, parts, materials and equipment necessary to repair Boiler #1 per the Safety and Inspection Testing VHA Directive 2008- 62 and the VHA Boiler Plant Safety Device Testing Manual, current edition and provide written reports and checklists for the following boiler:

NAME

MANUFACTURER

MFR

SERIAL

TYPE

BURNER

MFR

YEAR

INSTALLED

NB#

Boiler #1

Superior

17472 Fire Tube

Preferred utilities

AP1-200

24058

The contractor shall identify deficiencies in the burner unit of Boiler #1 to increase reliability. The burner system specifications are as follows:

Name Manufacturer Model # Fuels Date of

Manufacture Burner Preferred

Utilities API200 NG and FO#2 2013

NOTE: Inspections were completed with the VHA Boiler Plant Safety Device Testing 4th Edition. All repairs will have to be completed using VHA Boiler Plant Safety Device Testing, current edition.

B. Boiler Corrections

1. The following corrections shall be made to Boiler #1.

i. Replace Burner Management system- The BMS must be separate from boiler controller

ii. Install Low-Fire Proving Switch (LFPS) LFPS switch to monitor damper

iii. Install Forced Draft Damper Wide-Open Pre-Purge Proving Switch

(FDDWOPS) FDDWOPS to monitor damper

iv. Purge Timing- This must be a fixed timer and not adjustable (New BMS)

v. LFPS- It is missing, install switch to monitor damper

vi. FDDWOPS - It is missing, install switch to monitor damper

vii. Flue Gas Recirculation Damper Interlock (FGRDI) - It is missing, install switch to monitor Flue Gas Recirc system

viii. Flame Scanner-for main flame out (FSMFO) - Not UVSC, Replace with correct type of scanner

ix. Flame Scanner Not Sensing Igniter Spark (FSNSIS) - Not UVSC, Replace with correct type

x. Combustion Air Pressure Switch (CAPS) -Variable Speed Fan -Wrong

Installation, Replumb switch and tune boiler

xi. Purge Airflow Proving Switch (PAPS) - Wrong Installation, Replumb device correctly

xii. Forced Draft Motor Interlock Switches (FDMIS) -None installed, Required by

Rev 4, Install correct device

xiii. Outlet Stack Damper Position Interlock Switch (OSDPI) - Switch not monitoring damper directly, drill and pin shaft to motor

xiv. Furnace Pressure Interlock (FPI) - None Installed, Install new switch IAW Rev

xv. Low Pilot Fuel Gas Pressure Cutoff Switch (LPFGPCS) -Wrong Setpoint, Adjust correctly

xvi. Low Atomizing Media Differential Pressure Switch (LAMDPS) -Not Testable, Pipe and set correctly or remove

xvii. Low Fuel Oil Pressure Cutoff Switch (LFOPCS) -Wrong Setpoint / improper switch, Adjust correctly or replace

xviii. Low Flue Gas Oxygen Level Interlock (LFGOLI) -Wrong Setpoint, Adjust correctly

xix. Steam Safety Valves on Boiler (SVB) -Wrong NRBSPLS and RBSPLS, Replace with Correct Switches and retest

xx. Non-Recycle Boiler Steam Pressure Limit Switches -Wrong Switch, Replace with correct switch

xxi. Recycle/Non-Recycle Boiler Steam Pressure Limit Switches - Wrong Switch, Replace with correct switch

xxii. Tuning- FO Tuning Issues, Repair Pilot Valve operation

2. The plant operations require the following changes

i. High Water Alarm on Condensate Tank (HWACT)- Incorrect Level, Replace Probe

ii. Low Water Alarm on Condensate Tank (LWACT)- Incorrect Level, Move float

iii. High Water Alarm on Deaerator Tank (HWADT)- Incorrect Level, Replace

Probe

iv. Deaerator Overflow Drain System (DAODS)- Incorrect Operation, Troubleshoot or Replace

v. Deaerator Safety Valve (DASV)- Not testable, NDT inspection on DA tank needed

vi. Safety Valve Following PRV (SVFPRV) (DA)- Not testable, needs isolation from DA tank

vii. SSFPRV (10PSI)- Not Testable, Needs Isolation from System

viii. SSFPRV (40PSI)- Not Testable, Needs Isolation from System

ix. Liquid Relief Valve on Oil Pump Set- Wrong Valve and setpoint, Replace valve and replumb system

x. Control Air Pressure Interlock- None installed, Install Device and Alarm system

xi. Carbon Monoxide and Combustible Gas Alarms- Incorrect / Not Functioning, Install New System

xii. Outside Air Damper Alarm (OADA)- None Installed Wrong size, New Damper

System with Interlock

xiii. Emergency Fuel Cutoff- Failed to Work / Locations, New Gas Valve and

Buttons

3. Identify deficiencies in burner system of the Boiler #1: With list of deficiencies provide a corresponding list of recommendations to resolve each deficiency.

C. Burner Management Corrections: The Preferred Instruments Burner Mate control system doesn’t meet VA requirements for several reasons which are listed below. Items that failed due to this device and the balance of the failed items are listed below.

1. The Burner Mate Controller incorporates both a Flame Safeguard and Combustion

Controller into one system, sharing the same chassis and power source and the manufacturer’s documentation indicates that the two functions are combined into one system and sold as a dual function controller.

a. VA Specification 23 09 11

2.1 AUTOMATIC BOILER/BURNER CONTROL SYSTEM, NOT INCLUDING

BURNER MANAGEMENT (FLAME SAFEGUARD)

A. Basic Description of Controllers and Control Functions:

2. Controllers shall be manufactured separate from and shall be separate assemblies, in a separate electrical cabinet from the Burner Management (Flame Safeguard System).

2.2 BURNER MANAGENENT (FLAME SAFEGUARD CONTROL) SYSTEM

WITH SAFETY INTERLOCKS AND ACCESSORIES

B. Complete automatic safety control and monitoring system for burner ignition sequencing, operating cycle, and shut-down sequencing.

System shall include microprocessor programmer, self-checking ultraviolet (UV) flame scanner and amplifier, burner cycle display, first-out diagnostic annunciation display, burner safety shutdown interlocks, communication with monitoring systems, and accessories. Mount controllers, control switches and displays in and on individual boiler control panels. Refer to paragraph, BOILER/BURNER CONTROL PANELS. All interlock devices shall be designed to permit periodic operational testing, including set points and trip points, without changing set points or programming, and in accordance with the VHA Boiler Plant Safety Devices Testing Manual.

1. Controller shall be manufactured separately from the Burner Control

System controller.

2. Controller shall be a separate and individual assembly from any other controller.

3. Controller shall have its own mounting and wiring base to permit the controller to be replaced without disturbing any wiring or other components.

2. The Burner Mate system allows for the purge timing system to be changed.

3. The Burner Mate system allows for Ignition timing to be changed

4. The networked air, gas, oil and FGR actuators do not use mechanical limit switches

(digital signals) to prove their position for ignition trials. They use a variable signal that the combustion control system uses to determine position, which doesn’t meet VA requirements, because control signals cannot be used for safety systems.

5. The manufacturer’s literature, wiring schematics and programming parameters don’t allow for digital inputs for these “prove open” and “prove closed” signals that the VA requires on Flame Safeguard systems.

6. Main Flame Ignition Timing: This test failed because the timing is adjustable beyond 14 seconds using an engineer password and changing parameter 1.1.8 in the controller configuration.

7. Pre Purge and Post Purge Timing: This test failed because the timing is adjustable using an engineer password and changing parameter 1.1.9 in the controller configuration.

8. Low Fire Proving Switch: This test failed because there are no Low Fire Proving Switches. There are no Low Fire Proving Switches on the electrical schematics nor are they referenced in the control system documentation. The control system utilizes a variable control feedback signal to determine actuator position and estimate if each device is in the low fire position. VA requires a mechanical limit switch be used for low fire position proving, this switch can be located internally to the actuator or external.

9. Forced Draft Damper Wide Open Pre Purge Proving Switch: This test failed because there is no FDDWOPS Proving Switch. There are is no Proving Switch on the electrical schematics nor is it referenced in the control system documentation. The control system utilizes a variable control feedback signal to determine actuator position and estimate if the device is in the open position. VA requires a mechanical limit switch be used for position proving, this switch can be located internally to the actuator or external.

10. Flue Gas Recirculation Damper Interlock: This test failed because there is no proving switch installed. There are is no Proving Switch on the electrical schematics nor is it referenced in the control system documentation. The control system utilizes a variable control feedback signal to determine actuator position and estimate if the device is in the open position. VA requires a mechanical limit switch be used for position proving, this switch can be located internally to the actuator or external.

11. Test: Flame Scanner for Main Time out: This test failed because the installed scanner is of the Infrared Type and not the required Ultraviolet Self Checking Type.

12. Flame Scanner not sensing Ignitor Spark: This test failed because the installed scanner is of the Infrared Type and not the required Ultraviolet Self Checking Type.

13. Combustion Air Pressure Switch: This test failed because the device isn’t installed correctly. Also note that the VA requires a minimum VFD output of 40HZ for the FD Fan drive motor, you are currently below this minimum setting at 15 Hz.

14. Purge Air Flow Proving Switch: This test failed because the device isn’t installed correctly.

15. Forced Draft Fan Motor Interlock Switches: There are no FDMIS switches installed.

16. Outlet Stack Damper Position Interlock Switch: This test failed because the switch is located inside the actuator and the damper shaft isn’t drilled and pinned. There is a “c” clamp keeping everything connected. A simple fix would be to drill & pin the “C” clamp nuts to prevent them from being able to work loose.

17. Furnace Pressure Interlock: This test failed because there is no Furnace Pressure Interlock Installed.

18. Low Pilot Fuel Gas Pressure Cut Off Switch: This test failed because the switch is set incorrectly

19. Low Atomizing Media Differential Pressure Switch: This test failed because the switch is not piped properly with test ports / valves. Also please note that this device may not be required since you have no “crossover” of oil / atomizing media pressure and the differential between the oil / atomizing media ends up being zero (0) at maximum input.

20. Low Fuel Oil Pressure Cutoff Switch: Device failed to trip at required set point, there may be a set point issue or device issue.

21. Low Flue Gas Oxygen Level Interlock: The Set Point needs to be changed on this, it’s far too low and allows carbon monoxide levels to far exceed our 200 PPM Limit before shutting off the burner.

22. Checklist for Steam Safety Valves on Boiler: This test failed because it could not be performed due to the wrong steam pressure switches being installed on the boiler.

The boiler is stamped at 200 PSIG MAWP, the Safety Relief Valves are set at 145 PSIG and 150 PSIG, according to ASME Section I and The National Board Inspection Code all items connected to the code side of the boiler including piping, valves, pressure gauges, water level devices and or pressure switches need to be rated equal to the MAWP of the boiler or greater than the MAWP of the boiler. The Honeywell Recycle and Non-Recycle Steam Pressure Switches are rated to 150 PSIG maximum service.

23. Recycle and Non-Recycle Boiler Steam Pressure Limit Switches: This test failed because the wrong range pressure switches are installed. Both recycle and non-recycle steam pressure switches need to be rated to 200 PSIG or greater than the MAWP Rating of the boiler.

D. Final Report: A final report shall be provided to the VATR within fourteen calendar days of work being performed. All reports shall be presented in a format acceptable to the Joint Commission and include the following: Listing of all deficiencies with burner, individual listing of all devices/system inspected and tested, and also a list of solutions to resolve deficiencies with the burner. This listing should also include the location, result of any testing performed (i.e. Pass/Fail), Cross reference to The Joint Commission requirements. The contractor is required to test the equipment to ensure it functions properly. The report should also include all of the installed equipment in organized format with corresponding safety device deficiency corrected.

E. Post- Repair: During periodic inspection of the boiler, if the safety device testing is found to be deficient in any of the areas above, the contractor will be required to correct the deficiency(ies) in accordance with this Statement of Work within thirty (30) days of discovery of such deficiency.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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. 2409 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

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

(End of Clause)

C.3 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran owned small business concern or SDVOSB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov);

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(2) “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) https://vaww.aams.ecms.va.gov/AAMS_Production/DAV/9hzyyybjyy20npyy/(https:/www.vip.vetbiz.va.gov) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart

819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded.