36C26325Q0421.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. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

656-25-3-1286-0040

36C263-25-AP-1252

36C26325Q0421 02-28-2025

Timothy Kimmel 319-688-3646 03-07-2025

12:00 CST

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St Suite 300 Coralville IA 52241

X 100

X

811310

$12.5 Million

N/A

X

36C656

Department of Veterans Affairs St. Cloud VA Health Care System 4100 Veterans Drive St, Cloud MN 56303-2015

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Boiler Plant Services - STC

See Attached Schedule of Services for Individual Line Items

This is a Service-Disabled, Veteran-Owned Small Business Set-Aside (SDVOSB) Requirement

This Is A Comparative Evaluation Solicitation

All Questions Must Be Submitted To timothy.kimmel@va.gov NLT 48 Hours Prior To RFQ Closing Date/Time In Box 8 Above

This Is A 5-Year Contract With A Period of Performance As Follows:

Base Year: 4/9/2025 - 4/8/2026 Option Year One (OY1) - 4/9/2026 - 4/8/2027 Option Year Two (OY2) - 4/9/2027 - 4/8/2028 Option Year Three (OY3) - 4/9/2028 - 4/8/2029 Option Year Four (OY4) - 4/9/2029 - 4/8/2030

See CONTINUATION Page

N/A - FUNDING WILL BE ISSUED ON INDIVIDUAL BPA CALLS

X

X 1(ONE)

John Milroy

36C26325Q0421

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

A.2 CONTRACT ADMINISTRATION DATA

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

A.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...28

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS—

INFORMATION TECHNOLOGY MAINTENANCE ALLOWING OTHER-THAN-NEW

PARTS (FEB 2023)

ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263 John Milroy

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St

Suite 300

Coralville IA 52241

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] Upon Delivery and Acceptance / Invoice

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

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

AMENDMENT NO DATE

STATEMENT OF WORK

TITLE: Boiler Plant Instrumentation Calibration, Combustion and Tune, Device Testing and Motor Vibration Analysis services to support the St. Cloud VA Health Care System.

OVERVIEW: The contractor shall provide boiler safety device testing, tuning, inspection, calibration of boiler plant equipment, burners, controls, instruments at the frequency described on the schedule below.

DEFINITIONS:

a. CO – Contracting Officer

b. VA – Department of Veterans Affairs

c. VAHCS – St. Cloud VA Health Care System

d. VATR – Veterans Affairs Technical Representative

e. Contractor Employee – means all Contractor staff, technicians, personnel, subcontractors, or persons working on behalf of the Contractor.

PLACE OF PERFORMANCE:

St. Cloud VA Health Care System, 4801 Veterans Drive, St. St Cloud, MN 56303

PERIOD OF PERFORMANCE:

This contract will be a Single Award, Firm Fixed Price Service Contract for 1 (One) Base Year from with 4 (Four) Option Years.

QUALIFICATIONS AND SPECIAL CERTIFICATIONS:

Certified Technicians shall have completed at least a one-year trade school and have five years successful experience in this field. The experience shall be largely with institutional and industrial boiler plants similar in design to the VAHCS plant.

o The VAHCS facility manager/engineer may define and accept equivalent qualifications.

Technicians shall demonstrate familiarity with and ready access to the current versions of the following references:

o NFPA 85, Boiler and Combustion Systems Hazards Code.

o VHA Boiler Plant Safety Device Testing Manual, most current edition.

Technicians shall be equipped with portable electronic flue gas analyzers and other test instruments necessary for the required tests and calibrations, to calibrate all instruments, gauges, and transmitters as required herein. All must be calibrated within one month prior to test P-1 and P-4, or recalibration must be completed.

o At facilities with programmable digital controls, the technicians must be capable of programming the controls and have the appropriate hardware and software for this.

Any anticipated sub-contracting work shall be presented in a sub-contracting plan, which is to include the identity of the sub-contractor who will be performing the work.

The CO and the VATR must approve, in writing, any sub-contract work prior to its commencement.

The contractor shall provide experience, past performance, and references with their bid submission.

REGULATIONS / DIRECTIVES / POLICIES:

VHA Directive 1810, Boiler and Boiler Plant Operations (most current version) VHA Boiler Plant Safety Device Testing Manual (most current version) Master Construction Specification, Division 23- Heating, Ventilating and Air Conditioning.

NFPA 85 - National Fire Protection Association. Boiler and Combustion Systems

Hazards Code (most current edition) Boiler Safety Device Testing Data Sheet Combustion Performance Data Sheet Compliance with all state, federal, and local laws

SCOPE OF WORK:

The Contractor shall provide all transportation, lodging, meals, labor, personnel, equipment, tools, materials, and any resources necessary to provide the following services. Semiannual Boiler Combustion and Tune, Semiannual instrument calibration to include all associated instruments, Semiannual motor vibration analysis, and Annual safety device testing.

SPECIAL NOTES:

Only one boiler is allowed to be offline for testing/tune purposes at a time!

If a boiler plant emergency, site emergency, or national emergency develops, Contractor will cease testing at the request of site personnel.

BOILER PERFORMANCE TESTING:

P1 through P4 shall be completed in accordance with VHA Directive 1810 (Most Current Edition) and VHA Boiler and Associated Plant Safety Device Testing Manual (Most Current Edition)

P-1 - Semiannual Boiler Combustion and Tune P-2 - Semiannual Instrumentation Calibration P-3 - Semiannual Motor Vibration Analysis P-4 - Annual Safety Device Testing

Tests will follow VHA Boiler Plant Safety Device Testing Manual procedures verbatim.

Technicians shall provide all tools, equipment, and labor necessary to perform inspection, testing, calibrating, and adjustments of burners and boiler and boiler plant controls as specified below.

o This shall be done every six or twelve months in accordance with a schedule provided by VAHCS.

Instrumentation, monitoring, and data management systems as listed per Directive 1810 Appendix B Table 2 Number 10 shall be calibrated every six months.

Provide at least two weeks’ notice to the Boiler Plant Supervisor prior to performing the work.

o Work must be conducted when the Boiler Plant Supervisor or his/her designate is available on site to monitor the work.

o During normal business hours unless approved by the Boiler Plant Supervisor.

VAHCS will have the boilers that are to be serviced prepared for the technicians upon their scheduled arrival.

o This includes having the boilers clean of soot and loose scale; fully warmed and at normal steam pressure; steam exhaust silencer system operable.

Performance Testing of Boiler, Burner, Economizer (if provided), Combustion Control, Boiler Plant Instrumentation to be done in accordance with VA Master Construction Specifications, Office of Construction and Facilities Management TIL (Technical Information Library) Division 23.

Perform overall visual inspection of systems. Observing any minor or major deficiencies before administering test procedures.

o Verify that systems comply with referenced code and VAHCS requirements.

Perform tests on each boiler on all main burner fuels.

Operate burner(s) on each fuel from low fire to high fire and back to low fire in at least twelve increments and record combustion performance, flue gas oxygen, carbon monoxide, NOx, fuel train pressures, atomizing train pressures, burner pressures, combustion air temperature, flue temperatures and boiler steam output.

If required by local emissions authorities, provides services of testing firm to determine NOx and carbon monoxide. Test firm shall be acceptable to emissions authorities.

o NOTE: If NOx emissions limits are applicable, list the method of testing that is required by local authorities if it differs from the method listed.

NOx emissions shall be tested with electronic analyzer reading in parts per million.

Analyzer shall be calibrated with certified test gas within three months prior to use.

Analyzer shall be accurate to plus or minus 5% of reading.

Test No. P-1: Combustion and Tune

Operate boiler on each fuel, with economizer (if provided) in service and record data for at least twelve evenly spaced steam loads from low fire start to 100% of full steam output, and in the same sequence back to low fire.

o Demonstrate performance and efficiency required by paragraphs under Articles, BOILER, BURNER AND FUEL TRAINS, and ECONOMIZER.

Demonstrate proper operation of combustion controls, draft control (if provided), feed water level controls, and instrumentation systems (Section 23 09 11, INSTRUMENTATION and CONTROL FOR BOILER PLANT).

When flue gas oxygen trim is provided, conduct tests with trim control on manual at the zero trim (null) position (Section 23 09 11, INSTRUMENTATION and CONTROL FOR

BOILER PLANT).

o After completion of tests with trim control on manual control, repeat the tests on one fuel with the trim control on automatic control.

Test No. P-2: Calibration

Check current draw of forced draft fan motor at startup and at 100 percent of maximum boiler load.

Current draw shall not exceed full load current stamped on motor nameplate.

This test may be combined with Test No. P-1.

List of instrumentation and controls to be inspected and calibrated:

o (Yokogawa, Rose Mount, Cleaver Brooks, McDaniel, Trerice, Setra, Ashcroft, Ari industries INC, Siemens.)

o Steam flow transmitters (all).

o Steam flow recorders/computer readout.

o Flue gas oxygen sampling, analyzing and recorder/computer readout.

o Boiler and economizer stack temperature transmitters and recorder/computer readout.

o Master steam pressure and combustion controllers.

o Boiler outlet draft controllers.

o Boiler water level controllers.

o Feedwater deaerator and condensate storage tank water level controllers including overflow.

o All pressure and temperature sensors, gauges, and transmitters.

Test Methods:

Utilize permanent instrumentation systems for data. All systems shall be operable and in calibration.

Utilize portable thermocouple pyrometer furnished and retained by Contractor to measure stack temperature as a verification of permanent stack temperature recorder.

Use portable electronic flue gas analyzer to determine constituents of flue gas.

o Analyzer shall be capable of measuring oxygen in percent with accuracy of plus or minus 0.5 percent oxygen and carbon monoxide in parts per million (ppm) with accuracy of plus or minus 5 percent of reading (Range 0-l000 ppm).

o Obtain oxygen and carbon monoxide readings at each test point.

o Calibrate instrument with certified test gases within three months prior to use and immediately after analyzer cell replacement.

In Test No. P-1 retain boiler at each load point for a time period sufficient to permit stabilization of flue gas temperature and other parameters.

Steam loads for tests may be furnished by the hospital systems, by operation of the steam silencer vent system, or by a combination of the above.

Utilize dry bulb and wet bulb thermometers furnished and retained by Contractor for checking combustion air.

Smoke testing shall be by visual observation.

o If smoke density monitor is not provided, utilize Bacharach Model 21-7006 Smoke Test Kit.

o If there is disagreement with the results of these tests, provide qualified observation person and tests in compliance with EPA Reference Method 9 (CFR 40, Part 60, Appendix A).

An additional efficiency test will be required, conforming to ASME Performance Test Code PTC 4, if the boiler efficiency determined in the Test P-1 above, does not comply with requirements.

o Utilize ASME Test Forms PTC 4.1.a, 4.1.b, and the abbreviated input-output and heat balance methods.

Compare the combustion performance data with VAHCS requirements and previous readings. (Flue gas oxygen, carbon monoxide and NOx).

If necessary, make adjustments to the fuel, combustion air controllers, and FGR controller and damper to obtain the required performance.

Record the new performance data. Flash S.D. card with new tune.

P-3: Motor Vibration Analysis

1. Check vibration of all electric motors in the boiler plant: burner fans, feed water motors, and condensate motors. Total of 9 motors.

5. EQUIPMENT LIST:

Description Type Make Model/Serial Number

Year

Boiler 1 Fire Tube Cleaver Brooks 200-600-200 2008 Boiler 2 Fire Tube Cleaver Brooks 200-600-200 2008 Boiler 3 Fire Tube Cleaver Brooks 200-600-200 2008 Boiler 4 Fire Tube Cleaver Brooks 200-400-200 2008 DA Tank Industrial Steam Stamp # 13194 2008 Surge Tank Industrial Steam Stamp # 13138 2008

VA TECHNICAL REPRESENTATIVES:

Primary: Boiler Plant Supervisor, 320-252-1670 Ext. 6829 Alternate: Lead Plant Operator, 320-252-1670 Ext. 6347

SCHEDULE:

Contractor shall perform on-site services during normal business hours, 8:00 am to 4:30 pm, Monday through Friday, excluding Federal Holidays, unless otherwise coordinated with the VATR.

If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. If a holiday falls on Saturday, the preceding Friday is observed as a legal holiday.

The eleven national holidays observed by the Federal Government are:

• New Years Day January 1

• Martin Luther King Jr. Day Third Monday in January

• Presidents Day Third Monday in February

• Memorial Day Last Monday in May

• Juneteenth June 19

• Independence Day July 4

• Labor Day First Monday in September

• Columbus Day Second Monday in October

• Veterans Day November 11

• Thanksgiving Day Fourth Thursday in November

• Christmas Day December 25

• Any additional Federal Holiday declared by the President of the United States

The Contractor shall coordinate with the VATR for an agreed upon work schedule to determine when services can be performed.

Work may be required to be performed outside of normal duty hours if mutually agreed upon by the VATR or designate and Contractor. Any work resulting in hours outside of 8:00 am to 4:30 pm CT because of operational impacts shall occur at no additional expense to the Government.

The Contractor shall provide a minimum of 48-hour notice of any schedule changes.

Schedule:

Description Type Make Model Number Serial Number

Year Type of Service

Testing Month(s)

Boiler # 1-3 Boiler # 4, DA Tank, Surge Tank

Fire Tube

Cleaver Brooks

200-600-200 200-400-200

2008 Instrument Calibration

April - May October - November

Boiler # 1-3 Boiler # 4, DA Tank, Surge Tank

Fire Tube

Cleaver Brooks Industrial Steam

200-600-200 200-400-200

2008 Safety Device Testing

October – November

Boiler # 1-3 Boiler # 4

Fire Tube

Cleaver Brooks

200-600-200 200-400-200

2008 Combustion Tuning

April - May October - November

Boiler # 1-3 Boiler # 4, DA Tank, Surge Tank

Fire Tube

Cleaver Brooks Industrial Steam

200-600-200 200-400-200

2008 Motor Vibration Analysis

April - May October - November

REPORTING REQUIREMENTS:

PERFORMANCE DATA REPORTS: The Contractor shall develop and submit to the Government for approval, a written report for instrumentation and calibration, and vibration analysis within ten (10) calendar days after contract award.

The Contractor shall submit completed required reports on all services to the VATR within fifteen (15) business days from the completion of services.

At a minimum, the report shall contain:

Device description and/or model number Date(s) of services Method Equipment inspection checklist and comment section for identifying system defects Name and signature of service technician Defects/deficiencies (if applicable) Combustion Performance Data Sheet

SERVICE LABEL:

After a calibration/testing/inspection/analyzed service has been accomplished for each device, a service label shall be placed conspicuously, readily accessible, visible, and legible, on the device in the immediate vicinity of the system tag or existing device label.

The label shall be writeable and made of heat resistant, self-destructing material with self-sticking adhesive on the back.

The label shall be pre-printed with the following information:

Company name or identifier (logo) with the company’s full address Technician name (Signature line) All information pertaining to complete date of service: year, month, day.

This system has been: Inspected or Certified All information pertaining to next service due: days and years.

This information shall be clearly and permanently affixed to the label capable of withstanding the elements.

SAFETY REQUIREMENTS:

SAFETY REQUIREMENTS AND REPORTING:

The Contractor is solely responsible for compliance with all federal, state, and local laws, the Occupational, Safety and Health Act (OSHA) (Public Law 91-596) and the resulting standards, OSHA Standards 29 CFR 1910 and 1926, as applicable and shall perform all work in a safe manner as required by these standards.

The Contractor shall implement an Occupational Safety and Health Plan to ensure the safety of their personnel, as well as the protection of Government personnel and property.

Additionally, the Contractor is responsible for the safety and health of all sub-Contractor employees.

The Contractor shall provide a verbal report to the CO within 24 hours of an accident resulting in injury, death, occupational disease, or adverse environmental impact.

The Contractor shall provide a completed copy of required accident investigation reports to the CO within five calendar days of each occurrence.

SAFETY:

The contractor shall have in place a documented and comprehensive Health and Safety program to ensure all shredding activities are provided in a safe and secure manor.

SECURITY REQUIREMENTS:

BADGES:

Contractor and/or all sub-contracted personal are required to always wear and have visible a Contractor Badge.

Badges are issued by Facilities Management (FM), B-3, second floor. FM Office hours are Monday – Friday, 8:00 am – 4:30 pm.

The Contractor shall be required to obtain and display identification badges for all employees requiring access to the St Cloud VA Facility.

These badges will be Government furnished and issued to Contractor employees upon initial entry, under contract.

Identification shall be always worn on the outer clothing between the neck and waist on the front of the body and visible with the Contractor’s name plainly displayed.

Loss of a contractor badge shall be reported to the VATR no later than the following workday. There is a $30.00 fee for a lost badge.

All contract personal shall be checked in by Facilities Management (FM) located in building 3, second floor.

Contractor personnel will be escorted by VA staff.

DAMAGE TO GOVERNMENT EQUIPMENT AND PROPERTY:

The Contractor shall take all necessary precautions to prevent damage to Government equipment and property.

The Contractor shall report damage of Government property or equipment to the Contracting Officer and/or VATR within 24 hours of the incident.

INVOICING:

The contractor shall submit invoice(s) in arrears after the services have been completed.

Invoice shall include, but not limited to:

Contract Number Purchase Order (PO) Number (changes each option year) Date of Service Location Description Quantities

REFERENCES:

REFERENCE UPON REQUEST

1 - Master Construction Specification, Division 23- Heating, Ventilating and Air Conditioning

ATTACHMENTS:

1 - VHA Directive 1810, Boiler and Boiler Plant Operations 2 - VHA Boiler Plant Safety Device Testing Manual -Most Current Edition 3 - Combustion Performance Data Sheet 4 – Safety Device Testing Data Sheet

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVIC

ES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 YR _____________

ANNUAL SAFETY DEVICE TESTING (4 UNITS ONCE A

YEAR)

Contract Period: Base POP Begin: 04-09-2025 POP End: 04-08-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

0002 2.00 JB _____________

SEMIANNUAL COMBUSTION TUNING AND VIBRATION

ANALYSIS (4 UNITS - TWICE A YEAR)

Contract Period: Base POP Begin: 04-09-2025 POP End: 04-08-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

0003 2.00 JB _____________

SEMIANNUAL PLANT DEVICE & INSTRUMENTATION

TUNING AND CALIBRATION (TWICE A YEAR

Contract Period: Base POP Begin: 04-09-2025 POP End: 04-08-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

1001 1.00 YR _____________

ANNUAL SAFETY DEVICE TESTING (4 UNITS ONCE A

YEAR)

Contract Period: Option 1 POP Begin: 04-09-2026 POP End: 04-08-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

1002 2.00 JB _____________

SEMIANNUAL COMBUSTION TUNING AND VIBRATION

ANALYSIS (4 UNITS - TWICE A YEAR)

Contract Period: Option 1 POP Begin: 04-09-2026 POP End: 04-08-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

1003 2.00 JB _____________

SEMIANNUAL PLANT DEVICE & INSTRUMENTATION

TUNING AND CALIBRATION (TWICE A YEAR

Contract Period: Option 1 POP Begin: 04-09-2026 POP End: 04-08-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

2001 1.00 YR _____________

ANNUAL SAFETY DEVICE TESTING (4 UNITS ONCE A

YEAR)

Contract Period: Option 2 POP Begin: 04-09-2027 POP End: 04-08-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

2002 2.00 JB _____________

SEMIANNUAL COMBUSTION TUNING AND VIBRATION

ANALYSIS (4 UNITS - TWICE A YEAR)

Contract Period: Option 2 POP Begin: 04-09-2027 POP End: 04-08-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

2003 2.00 JB _____________

SEMIANNUAL PLANT DEVICE & INSTRUMENTATION

TUNING AND CALIBRATION (TWICE A YEAR

Contract Period: Option 2 POP Begin: 04-09-2027 POP End: 04-08-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

3001 1.00 YR _____________

ANNUAL SAFETY DEVICE TESTING (4 UNITS ONCE A

YEAR)

Contract Period: Option 3 POP Begin: 04-09-2028 POP End: 04-08-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

3002 2.00 JB _____________

SEMIANNUAL COMBUSTION TUNING AND VIBRATION

ANALYSIS (4 UNITS - TWICE A YEAR)

Contract Period: Option 3 POP Begin: 04-09-2028 POP End: 04-08-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

3003 2.00 JB _____________

SEMIANNUAL PLANT DEVICE & INSTRUMENTATION

TUNING AND CALIBRATION (TWICE A YEAR

Contract Period: Option 3 POP Begin: 04-09-2028 POP End: 04-08-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

4001 1.00 YR _____________

ANNUAL SAFETY DEVICE TESTING (4 UNITS ONCE A

YEAR)

Contract Period: Option 4 POP Begin: 04-09-2029 POP End: 04-08-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

4002 2.00 JB _____________

SEMIANNUAL COMBUSTION TUNING AND VIBRATION

ANALYSIS (4 UNITS - TWICE A YEAR)

Contract Period: Option 4 POP Begin: 04-09-2029 POP End: 04-08-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

4003 2.00 JB _____________

SEMIANNUAL PLANT DEVICE & INSTRUMENTATION

TUNING AND CALIBRATION (TWICE A YEAR

Contract Period: Option 4 POP Begin: 04-09-2029 POP End: 04-08-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H244 - Equipment and Materials Testing - Furnace, Steam Plant, and Drying Equipment;

Nuclear Reactors

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

GRAND TOTAL _____________

A.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION

QUANTIT

Y

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

1.00 4/8/2026

FOB: DESTINATION

0002 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

2.00 4/8/2026

FOB: DESTINATION

0003 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

2.00 4/8/2026

FOB: DESTINATION

1001 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

1.00 4/8/2027

FOB: DESTINATION

1002 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

2.00 4/8/2027

FOB: DESTINATION

1003 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

2.00 4/8/2027

FOB: DESTINATION

2001 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

1.00 4/8/2028

FOB: DESTINATION

2002 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

2.00 4/8/2028

FOB: DESTINATION

2003 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

2.00 4/8/2028

FOB: DESTINATION

3001 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

1.00 4/8/2029

FOB: DESTINATION

3002 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

2.00 4/8/2029

FOB: DESTINATION

3003 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

2.00 4/8/2029

FOB: DESTINATION

4001 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

1.00 4/8/2030

FOB: DESTINATION

4002 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

2.00 4/8/2030

FOB: DESTINATION

4003 SHIP TO: Department of Veterans Affairs St. Cloud VA Health Care System 4801 Veterans Drive St. Cloud, MN 56303 2015

USA

2.00 4/8/2030

FOB: DESTINATION

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 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 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may…