S02 36C26322Q0441.pdf

PAGE 1 OF1. 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. 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

36C26322Q0441 04-13-2022

Cameron Rick 651-293-3036 04-29-2022

23:59 CDT

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101 Cameron Rick cameron.rick@va.gov

X 100

X

541380

$16.5 Million

N/A

X

36C437

Department of Veterans Affairs Fargo VAMC 2101 Elm St N

Fargo ND 58102

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101

Y

Department of Veterans Affairs Financial Services Center PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

This solicitation is to provide service to the Fargo VAMC.

See attached SOW for Fuel Tank Testing & Inspection services in the VAMC controlled facilities.

Note block 30 - This document must be signed and returned in order to be considered. Email all required and completed documents to: cameron.rick@va.gov.

Submit any written questions via email by April 26, 2022.

**No telephonic questions will be accepted.**

Responses to questions will be posted as an amendment to the solicitation.

Solicitation will close at 11:59 PM on April 29, 2022.

This solicitation is a total SDVOSB set-aside.

See CONTINUATION Page

X X

X 1

Pamela Phillips

36C26322Q0441

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

STATEMENT OF WORK (SOW)

VHA Supplemental Contract Requirements for Combatting COVID-19

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER

EXECUTIVE ORDER 14026 (JAN 2022)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-8 OPTION TO EXTEND SERVICES ADDENDUM

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...32

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.8 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: P07 Wage Determination - Fargo See attached document: P04 VA Inspection Checklist Template

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

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

A.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

A.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

A.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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 36C263 Pamela Phillips

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506

St. Paul MN 55101

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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.

Department of Veterans Affairs

Financial Services Center

PO Box 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

STATEMENT OF WORK (SOW)

The contractor shall provide all materials, labor, and equipment required to inspect tanks, sample and test fuel from all underground and aboveground fuel storage tanks per minimum of EC.02.05.07-EP8, the JC standards on fuel testing states the following: At least annually, the hospital tests the fuel quality to ASTM standards. The Contractor shall ensure that compliance, leak detection, new installations, upgrades and tank closures, all faucets of fuel storage are completed in accordance with North Dakota's Storage Tank Rules in accordance to NFPA 110, Joint Commission standards and any other applicable departments and laws. The Contractor will be responsible for maintenance, test, repair proposals to maintain dependable operation of the equipment. The Contractor shall inspect and service in accordance with the manufacturer’s recommendations, prevailing industry standards and local, state, national, and international (where applicable) codes.

For Maintenance, inspection, and testing, the Contractor is responsible for ensuring all current Joint Commission, NPFA and any other applicable standards are met. The standards may change yearly. The Contractor shall keep update on all standards and document as needed.

LOCATION: FARGO VA HEALTH CARE SYSTEM, 2101 ELM STREET, FARGO, ND 58102

Acronyms found throughout this document

VA = Veterans Administration

JC = Joint Commission

NFPA = National Fire Protection Agency

CO = Contracting Officer

COR = Contracting Officer Representative

POP = Period of Performance

ASTM = American Society for Testing and Materials

EPA = Environmental Protection Agency

OEM = Original Equipment Manufacturer tank

UST = Underground Storage Tank

AST = Aboveground Storage Tank

OSHA = Occupational Safety and Health Administration

EC = Environment of Care Standards

PERFORMANCE PERIOD

1. The Period of performance (POP) shall extend 12 months from the date of award date for base period, with four (4), twelve (12) month option periods.

2. Any routine work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contacting Officer (CO). The CO shall direct emergency services. If needed, the CO may direct the Contractor to work after normal work hours including holidays and weekends.

3. Contractor is required to provide at least a 48-hour notice prior to arrival for scheduled maintenance. Any work required after hours of 7:30 AM to 4:00 PM Monday thru Friday, weekends, and/or Holidays must be approved by the COR prior to scheduling.

The Federal Holidays as follows:

New Year’s Day January 1st

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4th

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11th

Thanksgiving Day 4th Thursday in November

Christmas Day December 25th

1. Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

2. When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

SITE VISIT

1. Offerors or quoters are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The contractor is encouraged to conduct a thorough investigation of the site prior to beginning work and report any preexisting conditions to the COR prior to beginning work.

2. The site visit will occur on April 26, 2022 at 10:00am. Interested offerors must indicate their intent to attend the site visit by emailing or calling the Boiler Plant Supervisor, Jody Bakken, at jody.bakken@va.gov, (701) 239-3700 x2772 to receive additional visit instructions.

A. FUEL SAMPLE AND TESTING

1. The contractor shall test fuels to the definitions and standards tests for fuel quality to ASTM (American Society for Testing and Materials) standard (Joint Commission) according to NFPA 110 at a minimum of every 12 months.

2. All samples will be pulled using ASTM recommended methods. The facility will provide access to contractor to all units for sampling.

3. A detailed written report shall be submitted for each fuel tank noting results of the fuel testing and recommended solutions. Service reports must be signed by both service provider and COR at completion of work. An electronic version of same shall be sent to the COR.

4. The Contracting Officer or his/her designee will notify the contractor of any noncompliance with the foregoing provisions of any federal, state, local, or VA Safety Requirements and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all and any part of the work and hold the Contractor in default.

5. Services such as inspection, Original Equipment Manufacturer (OEM) required maintenance, or other maintenance and repair vital to the continued functioning of the systems may be added only after written modification from the contracting officer, unless they are inclusive to the requested services. No other person, including the COR or any other VA personnel are authorized to request additional work be performed by the Contractor. Any additional services performed that are not authorized by the Contracting Officer will be considered inclusive.

6. The contractor shall provide all services in accordance and compliant with the latest standards, rules, regulations, and laws, including but not limited to Joint Commission (JC) standard EC.02.05.07 EP 8, National Fire Protection Association (NFPA) 110-2010:8.3.8, and ASTM.

7. The Contractor shall supply all Safety Data sheets for any chemicals used on site.

8. Contractor shall be responsible for any hazardous waste disposal, environmental fees, and hauling permits.

9. The Contractor shall notify the Contracting Officer of the existence or development of any defects in, or repairs to the equipment covered under this contract which the Contractor considers they are not responsible for under the terms of the contract (such as operator misuse).

Sampling Location: The contractor will collect fuel samples from underground and above ground storage tanks analyze them by a certified laboratory as part of annual fuel testing.

Aboveground Petroleum Storage

Tank Number Capacity (gallons)

Contents Container Material

Tank Location Secondary Containment

Day Tank #1 200 #2 Diesel Steel Building 10 (Boiler Plant) Double-walled steel

Day Tank #2 100 #2 Diesel Steel Building 11 (Maintenance Garage)

Double-walled steel

Day Tank #3 75 #2 Diesel Steel Main Hospital, near North Loading Dock

Double-walled steel

Day Tank #4 150 #1 Diesel Steel Main Hospital, Basement, Room BA-01B

Double-walled steel

Day Tank #5 200 #2 Diesel Steel Main Hospital, Basement, Room BA-07A

Double-walled steel

Underground Petroleum Storage

Tank Number Capacity (gallons)

Contents Container Material

Tank Location Secondary Containment

1 20,000 #2 Diesel Steel East side of Building 10 (Boiler Plant)

Double-walled steel

2 20,000 #2 Diesel Steel East side of Building 10 (Boiler Plant)

Double-walled steel

3 20,000 #2 Diesel Steel East side of Building 10 (Boiler Plant)

Double-walled steel

4 4,000 #1 Diesel Steel South side of Building 10 (Boiler Plant)

Double-walled steel

6 1,000 #2 Diesel Fiberglass West of Building 11 (Maintenance Garage)

Double-walled

8 4,000 #2 Diesel Steel NE corner of Main Hospital near the North loading dock

Double-walled steel

9 4,000 #2 Diesel Fiberglass South side of Main Hospital Double-walled

10 4,000 #2 Diesel Fiberglass South side of Main Hospital Double-walled

Reporting Requirements

The contractor will submit a complete report with laboratory analysis results to the facility within 30 calendar days from the day of sampling.

Each complete report will include the following items at a minimum:

• Cover letter: A short description on sampling procedure(s), company name, date of sampling, sampler name, and laboratory name.

• Laboratory analysis report: The report shows the results and applicable threshold for each parameter shown above.

• Copy of chain of custody.

• Copies of sampler and laboratory credentials.

Miscellaneous: The contractor does not need access to VA sensitive information or VA IT system to perform the job described above.

The contractor shall provide procedures and checklists with worksheet originals indicating work performed and actual values obtained.

The following is a list of required compliance inspections for underground storage tank UST (Underground Storage Tank) and AST (Aboveground) systems that need to be completed at given intervals.

B. TANK & SUMP INSPECTION

Types of sumps associated with the Fargo VA UST system may include turbine sumps, dispenser sumps, transitional sumps and spill bucket.

Times Defined

Annually – Every Year – Once a Year Annual is defined as every twelve (12) months, prior 30 days from the month of the last test. For example, within 30 days prior to the month/date of the last test (but not 30 days after). This is a “per device” requirement; meaning each device must individually meet this time frame.

Triennially – Once Every 3 Years – Every 36 months Triennial is defined as every thirty-six (36) months, prior 30 days from the month of the last test. For example, within 30 days prior to the month/date of the last test (but not 30 days after). This is a “per device” requirement; meaning each device must individually meet this time frame.

The following fuel testing shall be performed Every Year – Annually

a) Microbial Analysis – ASTM D6469

b) Water & Sediment – ASTM D2709

c) Visual Appearance – ASTM D4176

d) Iso Particle Count – ASTM D7619

e) Biodiesel Concentration – ASTM D7371

f) Oxidation Stability – ASTM D7545 / ASTM D6468

g) Sulfur – ASTM D5453

h) Cloud Point – ASTM D2500

i) Pour Point – ASTM D97

Every Year - Annually

1. Automatic tank gauge probe functionality test

2. Automatic tank gauge console functionality test

3. Piping sump sensor functionality test

4. Annual walk-through inspection

5. Monitoring equipment for the tank interstitial space is tested which includes probes, pressure gauges, vacuum pumps and handheld equipment

Minimum inspection points

a) Containment Sumps

b) Visually check the containment sump for damage, leaks to the containment area, and releases to the environment

c) Remove liquid from the containment sump

d) Remove debris

e) Ensure the sump lids are tight, seal correctly and not damaged

f) Check the sump sensors for proper location in the sump

g) Check to ensure the walls of your sump are intact and are not slumping or warping

a. Check to ensure no cracks are present around the areas where components, such as wiring conduit and piping, enter your sumps

h) Check to ensure no new stains are present since your last inspection

a. Check to ensure all areas where electrical wires, conduits and piping enter the sump are sealed. Check for cracked or loose seals around the inner and outer piping walls for tightness

b. Check to ensure the test boots are in good condition, not cracked or torn, and positioned correctly in the sump

c. Keep the results of these inspections for one year.

6. Piping Containment Sump

a) Sumps checked for damage

b) Sump lids are tight, seal correctly and not damaged

c) Sumps are free of dirt and debris

d) Liquid is removed from sumps

e) Sump sensors are in the proper location Piping Sumps: Inspect all visible piping, fittings, and couplings for any signs of leakage. If any water or product is present, remove it and dispose of it properly. Remove any debris from the sumps.

f) Check to ensure the fittings and flexible connectors are not twisted or misaligned and the flexible connectors are not cracked, kinked, etc.

g) Check to ensure other pieces of equipment, including pump head, line leak detector and sensors, are not visibly damaged, severely corroded, etc.

7. Under Dispenser Sumps

a) Sumps checked for damage

b) Sumps are free of dirt and debris

c) Liquid is removed from sumps

d) Sump sensors are in the proper location

e) Dispenser Hoses, Nozzles, and Breakaways: Inspect for loose fittings, deterioration, improper functioning, and signs of leakage

f) Dispenser and Dispenser Sumps: Open each dispenser and inspect all visible piping, fittings, and couplings for any signs of leakage. If any water or product is present, remove it and dispose of it properly. Remove any debris from the sumps.

8. Spill Buckets: Ensure spill buckets are clean, in good condition, and empty of liquid and debris.

buckets are in good condition so they will keep water out when the lid is closed. Ensure that when the lids to your spill buckets are in the closed position, they create a good seal and are secured tightly. Some spill buckets contain a rubber gasket inside the cover; check to ensure Check to ensure the lid is not touching the fill cap

9. Overfill Alarm: Inspect for proper operation

10. Fill and Monitoring Ports: Inspect all fill/monitoring ports and other access points to make sure that the covers and caps are secured and tightly sealed

Every Three Years - Triennially

1. Spill bucket Sump Integrity test

2. Overfill equipment functionality test

3. Tank Cathodic Protection Test

4. Pipeline Cathodic Protection Test

Spill Bucket Sump Integrity Test – Hydro Testing - Minimum inspection points

a) Spill Bucket and Sump Integrity Testing

b) An integrity test must be performed on the spill bucket and any sumps associated with a piping system that uses interstitial monitoring as a method of leak detection such as a turbine sump, UDC sump or transitional sump.

c) Check the sump to tightness

d) If the sump is repaired, it must be retested within 30 days.

North Dakota UST rules require two types of release detection on pressurized piping:

A mechanism or method to detect a "large" leak at a rate of 3 gallons per hour; and A mechanism or method to detect a "small" leak at a rate of 0.2 gallon per hour monthly or 0.1 gallon per hour yearly.

Overfill Prevention Equipment Functionality Test- Minimum inspection points

a) Must ensure that overfill prevention equipment is set to activate at the correct level specified and will activate when regulated substances reach that level.

b) There are three types of overfill protection devices:

i. Automatic shutoff devices (also known as drop tube shutoff devices or “flapper” valves);

ii. Overfill alarms; and

iii. Ball-float valves (also known as float-vent valves). Ball-float valves can no longer be used on new tank installations. Repair or replacement of existing ball-float valves is prohibited. A faulty ball-float valve must be replaced by an approved method of overfill prevention.

Description/Part Number* Qty

Fuel Sampling 13 EA

Yearly Tank Inspection 13 EA

Retest if necessary 1 EA

Tank Snake (only if necessary) 8 EA

Spill bucket Sump Integrity test 8 EA

Auto shut off devices testing 8 EA

Overfill Prevention Equipment Functionality Test 8 HR

Tank Cathodic Protection Test 5 EA

Pipeline Cathodic Protection Test 5 EA

All quantities may vary due to requirements.

All testing will be performed by a trained and/or certified technician with 3 or more years of experience.

Upon completion of each, inspection and/or testing the Contractor will provide the Fargo VA with documentation listing all work performed, defects found and corrected, and any corrective action suggested.

All testing’s will be documented and provided to COR before leaving the testing site.

The Contractor shall submit an estimate for a resolving any issues. No work is be performed unless a written authorization is provided to the Contractor from a Contracting Officer in the form of a bi-lateral modification.

CONTRACTOR SUPPORT

Technical phone support during minimum regular business hours (8 am – 5 pm M-F).

GENERAL REQUIREMENTS

1. It shall be understood that, throughout performance of the contract, 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.

2. Any person entering the FARGO VA Health Care System shall adhere to the facility COVID compliance requirements. These requirements may change as necessary. Any person not adhering to the requirements will not be allowed to remain on the VA campus.

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

4. Contractor and their personnel shall always wear visible identification while they are on premises.

5. The VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. The VA shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

6. Possession of weapons is prohibited.

7. Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

PRICING

1. Pricing to include all routine maintenance costs and labor. All other costs are not approved unless a written authorization is provided to the Contractor from a Contracting Officer in the form of a bi-lateral modification.

MISCELLANEOUS

1. The contractor shall comply with OSHA and NFPA safety standards, and VA security requirements as applicable.

2. The work area shall be returned to an acceptable appearance after any work is completed. All disposals of materials are to be off-site.

3. No tools, storage space, etc. will be provided to the contractor by the government.

INSPECTION

Upon completion of the maintenance or inspection service, the COR/POC will perform the inspection in the presence of the contractor personnel, prior to the contractor personnel leaving the facility. This inspection should ensure that all equipment is returned to full functioning condition No invoices will be processed for payment prior to the completion of COR/POC inspection.

NARA Records Management Language for Contracts (July 10, 2019) https://www.archives.gov/records-mgmt/policy/records-mgmt-language

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

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

B. Definitions

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

The term Federal record:

1. includes VA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C.

chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Fargo VAMC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Fargo VAMC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Fargo VAMC. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Fargo VAMC control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Fargo VAMC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Fargo VAMC policy.

8. The Contractor shall not create or maintain any records containing any non-public Fargo VAMC information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10.The Fargo VAMC owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which Fargo VAMC shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11.Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take Fargo VAMC-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of Requirements to Subcontractors

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

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

VHA Supplemental Contract Requirements for Combatting COVID-19

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

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

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

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

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

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

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

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

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

0001 1.00 YR ________________

Yearly Fuel Sampling Contract Period: Base POP Begin: 05-15-2022 POP End: 05-14-2023

0002 1.00 YR ________________

Yearly Tank & Sump Inspection Contract Period: Base POP Begin: 05-15-2022 POP End: 05-14-2023

0003 1.00 YR ________________

Triannual Tank & Sump Inspection Contract Period: Base POP Begin: 05-15-2022 POP End: 05-14-2023

1001 1.00 YR ________________

Yearly Fuel Sampling Contract Period: Option 1 POP Begin: 05-15-2023 POP End: 05-14-2024

1002 1.00 YR ________________

Yearly Tank & Sump Inspection Contract Period: Option 1 POP Begin: 05-15-2023 POP End: 05-14-2024

2001 1.00 YR ________________

Yearly Fuel Sampling Contract Period: Option 2 POP Begin: 05-15-2024 POP End: 05-14-2025

2002 1.00 YR ________________

Yearly Tank & Sump Inspection Contract Period: Option 2 POP Begin: 05-15-2024 POP End: 05-14-2025

3001 1.00 YR ________________

Yearly Fuel Sampling Contract Period: Option 3 POP Begin: 05-15-2025 POP End: 05-14-2026

3002 1.00 YR ________________

Yearly Tank & Sump Inspection Contract Period: Option 3 POP Begin: 05-15-2025 POP End: 05-14-2026

3003 1.00 YR ________________

Triannual Tank & Sump Inspection Contract Period: Option 3 POP Begin: 05-15-2025 POP End: 05-14-2026

4001 1.00 YR ________________

Yearly Fuel Sampling Contract Period: Option 4 POP Begin: 05-15-2026 POP End: 05-14-2027

4002 1.00 YR ________________

Yearly Tank & Sump Inspection Contract Period: Option 4 POP Begin: 05-15-2026 POP End: 05-14-2027

GRAND TOTAL ________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 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)…