Solicitation 36C26326Q0438.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. 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

636-26-2-5058-0109

36C26326Q0438 03-10-2026

John Milroy 605-336-3230 03-18-2026

12:00PM CST

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

2501 W. 22ND STREET

SIOUX FALLS SD 57105

X 100

X

238220

$9.5 Million

N/A

X

Grand Island VA Medical Center

2201 N Broadwell Avenue

Grand Island NE 68803

Department of Veteran Affairs

Electronic Invoicing System

Tungsten Electronic Invoicing

VA Tungsten Number is: AAA544240062

Refer to VAAR Clause 852.232-72

1-877-489-6135

See CONTINUATION Page

Replacement of Chilled Water Piping Replace CLC N Side

Side service for the VA Nebraska-Western Iowa Health Care

System with a Period of Performance of 03/30/2026 –

05/31/2026

This procurement is a total Service-Disabled Veteran Owned

Small Business (SDVOSB) Set-aside.

At the time of submission of offer, the offeror shall be certified by the Small Business Administration Veteran as a

Service-Disabled Veteran Owned Small Business (SDVOSB) and have an active registration in the System for Award

Management (SAM).

See Section B the Performance Work Statement for specific requirements and 52.212-2 Evaluation—Commercial Items for for specific requirements for quote submittal.

A completed copy of 852.219-75 - VA Notice of Limitations on on Subcontracting—Certificate of Compliance for Services and

Construction must be included in the submission package.

Failure to submit any of the required information, statement or certifications will result in rejection of the quote without further consideration for award.

See CONTINUATION Page

636-3600162-8895-854100-2543-0400555X9

636-20-2-8895-0008

X X

John Milroy

VA-VHA-RPOC-2023-0067

36C26326Q0397

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT

B.4 RECORDS MANAGEMENT OBLIGATIONS

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.3 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS— COMMERCIAL

ITEMS

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] After service is completed and accepted

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Chilled Water Branch Piping Replacement on CLC North Side

Contract Period: Base POP Begin: 03-30-2026 POP End: 05-31-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT

Chilled Water Branch Piping Replacement on CLC North Side, Flushing Valves, Bag Filter

Installation, and System Flush

Place of Performance: Grand Island VAMC, 2201 N Broadwell Ave, Grand Island, NE 68803, Facility

Size: 253,358 sq. ft

Performance Work Period of Performance: 03/30/2026 – 05/31/2026

Performance Work Statement Scope

This Scope of Work (SOW) defines the labor, materials, equipment, coordination, and testing required to replace 3/4-inch copper chilled water (CHW) supply and return branch piping serving fan coil units

(FCUs) in twenty (20) rooms of an occupied hospital, install dedicated flushing valves at each FCU, install an inline bag filter system in the chiller plant, replace a pressure relief valve (relief valve) and install an automatic air vent on the 6th-floor main CHW loop, and perform a full-system flush upon completion.

Services

• Restore reliable, leak-free CHW piping from the main supply/return header(s) to FCUs serving 10 rooms.

• Provide permanent flushing points on both CHW supply and return at each FCU to support maintenance and commissioning.

• Improve debris capture during system flushing via an inline bag filter assembly installed in the chiller plant.

• Replace the 6th-floor main-loop pressure relief valve (75 psi set pressure, or as specified by the

Engineer/Owner) and install a new automatic air vent at the designated high point.

• Flush, clean, and return the CHW system to service with documentation of completion.

Detailed Services Pre-Construction, Submittals, and Coordination

• Perform a field walk with VA HVAC team to confirm plan, tie-in locations at the room on the

CLC for the supply and return headers, FCU connection points, and work boundaries for all ten rooms.

• Develop a phasing/shutdown plan identifying isolation points, drain locations, anticipated downtime, and sequence of work to minimize impact to patient care areas.

• Submit product data and cut sheets for all major components (copper pipe and fittings, insulation, flushing valves, bag filter housing and filter bags, relief valve, automatic air vent.

• Obtain and comply with required permits and VA hospital procedures and policies. (ICRA, hot work, lockout/tag/out, above-ceiling work permits, etc.)

• Coordinate with the owners water treatment vender regarding flushing, cleaning chemicals and final water quality requirements for the VA facility.

Isolation, Drain Down, and Temporary Protections

Identify and operate existing isolation valves to isolate work areas. Verify valve operability; if a valve does not fully isolate, immediately notify the Owner for direction.

• Drain the isolated piping sections as required. Provide hoses, containment, and spill protection to prevent water damage to hospital finishes and spaces below.

• Install temporary barriers, floor protection, and dust control measures as required by the hospital’s infection control procedures.

Demolition / Removal of Existing Piping

• Remove existing 3/4-inch copper CHW supply and return branch piping from the main header(s) to each FCU serving the ten rooms listed in Section 4, within the defined limits of work.

• Remove associated fittings, hangers, and insulation within the work limits as required to complete the replacement.

• Cap/plug open piping ends during demolition to prevent debris entry into the CHW system.

• Dispose of removed materials in accordance with hospital requirements and all applicable regulations

Installation of New 3/4-inch CHW Supply and Return Piping

• Furnish and install new 3/4-inch copper CHW supply and return piping (Type L unless otherwise required by project specifications or Owner standards), including all necessary fittings and connections.

• Complete joints using brazing appropriate for hydronic service; nitrogen purge is required during brazing to minimize internal oxidation/scale.

• Provide new pipe supports/hangers as required and restore/replace insulation to match existing thickness and vapor barrier requirements for chilled water service.

• Label piping per Owner standards and applicable codes (flow direction, service, and identification at accessible locations).

• Reconnect to FCU coil connections and verify proper alignment to prevent stress on coil connections.

Flushing Valves at Each FCU (Supply and Return)

• Install dedicated flushing valves on both the CHW supply and CHW return line at each FCU (two valves per FCU; twenty total for ten FCUs) unless otherwise directed.

• Valves shall be full-port ball valves with hose-end/drain connection and cap (or equivalent flushing station), installed in an accessible location for maintenance.

• Provide signage or tagging at each flushing point identifying Supply Flush and Return Flush.

Inline Bag Filter System in Chiller Plant

• Furnish and install an inline bag filter assembly in the chiller plant on the main CHW loop (exact location to be coordinated with the Owner).

• Provide isolation valves as required for servicing the bag filter housing and/or for temporary bypass during normal operation if specified by the Engineer/Owner.

• Provide differential pressure indication across the filter (gauge ports or DP gauge) to monitor loading.

• Supply an initial set of filter bags appropriate for construction debris capture and final cleaning

(micron rating(s) as specified by the Engineer/Owner or water treatment vendor).

• Confirm the bag filter system is compatible with system flow, temperature, and pressure conditions.

6th Floor: Pressure Relief Valve and Automatic Air Vent

• On the 6th-floor main CHW loop, remove the existing pressure relief valve and furnish/install a new pressure relief valve with a 75psi set pressure (or as specified), sized for the connected system and compliant with applicable code requirements.

• Provide discharge piping from the relief valve outlet to an approved location as required by code and

Owner standards, including support and termination to a safe drain or containment point.

• Install a new automatic air vent at the designated high point on the 6th-floor main CHW loop

(location to be verified in the field). Provide an isolation valves and a method of safe discharge/containment if required by the Owner.

• After installation, verify proper orientation and operation of the air vent and confirm the relief valve is installed correctly and is accessible for inspection.

Pressure Testing, System Restoration, and Full-System Flush

• Pressure test newly installed piping and modified sections of the CHW system in accordance with project specifications and applicable codes. Repair leaks and retest until acceptance is achieved.

• Refill and vent the isolated sections, restoring the system to an operational state prior to flushing activities as required to maintain pump protection and proper circulation.

• Perform a full-system CHW flush utilizing the new FCU flushing valves and the inline bag filter system to capture debris. Flushing sequence shall be coordinated with the Owner to avoid disruption to critical areas.

• Replace/clean bag filter elements as needed during flushing based on differential pressure and observed debris load.

• After flushing, bleed air from the system, confirm stable loop pressures and temperatures, and verify there are no active leaks.

• Coordinate with the Owner’s water treatment vendor to restore chemical treatment and verify water quality targets (if applicable).

• Daily coordination and outage notifications per hospital requirements.

• Material submittals and cut sheets for installed components.

• Pressure test documentation (test method, pressure, duration, results).

• Flushing documentation including dates/times, filter bag changes, and observations (debris load, differential pressure trends).

• Marked-up as-built sketch or redline drawings showing routing changes, flushing valve locations, bag filter location, and relief valve/air vent installation points.

• O&M manuals for bag filter housing, relief valve, and automatic air vent, including spare parts and recommended maintenance intervals.

• Final area cleanup and ceiling/finish restoration within work limits.

Quality, Codes, and Standards

• All work shall comply with applicable federal, state, and local codes and ordinances, including applicable mechanical and plumbing codes and building services piping standards (e.g., ASME B31.9 where adopted).

• Materials and installation practices shall follow manufacturer instructions and hospital standards.

• Infection Control Risk Assessment (ICRA) requirements shall be followed for work in or adjacent to patient care spaces.

• Contractor shall maintain system cleanliness: cap open pipe ends, keep materials clean and dry, and prevent debris from entering the CHW system.

Safety and Infection Control Requirements

• Comply with all hospital safety policies, including badge/escort requirements, PPE, and work-hour restrictions.

• Hot work (brazing) requires hospital hot work permits, fire watch, and fire protection measures.

Provide fire blankets and protect adjacent materials.

• Maintain negative air, dust barriers, and debris control as required by ICRA. No uncontrolled dust generation is permitted.

• Implement lockout/tagout and verify isolation prior to cutting into live systems.

• Maintain clear egress and protect patients, staff, and sensitive equipment from noise, vibration, odors, and fumes.

Assumptions

• Existing isolation valves required for work are functional and capable of providing complete isolation. Any failed valves, if discovered, are excluded and will be addressed via change order or

Owner direction.

• No hazardous materials abatement (e.g., asbestos-containing insulation) is included unless specifically noted. If suspect materials are encountered, stop work and notify the Owner.

• Adequate access to piping and FCUs (above ceiling, behind access panels, etc.) will be provided by the Owner and/or within normal work constraints.

• Any required building automation/control modifications are excluded unless explicitly authorized.

Site Conditions and Constraints

• Work will occur in an occupied hospital environment. Contractor shall coordinate all activities with the Owner/Facilities team and comply with hospital safety, infection control, and permit requirements

(e.g., ICRA, hot work permits, lockout/tagout).

• Access may require after-hours work, ceiling access, or corridor protection measures to maintain patient and staff safety and to minimize noise, odor, and dust.

• All tie-ins to active hydronic systems require scheduled shutdown windows, isolation, draining, and controlled refilling/venting to prevent unplanned outages.

• Contractor shall verify existing piping routing, valve locations, FCU tags, and header connection points prior to fabrication and installation.

Rooms / FCUs Included

Room # Supply Line Return Line Comments

N302 Plugged Plugged Was unable to flush

N303 Plugged plugged [Notes]

N304 Plugged Plugged [Notes]

NW303 Restricted Flushed [Notes]

NW304 Flushed Plugged [Notes]

NW307 Plugged Plugged [Notes]

NW309 Plugged Plugged [Notes]

8-20 TBD

Contracting Officer Representative / Technical Representative Contact Information

1. William Sis, William.sis@va.gov, 308-392-8344

2. Mitchell Doht mitchell.doht@va.gov, 308-339-9120

Work Hours Expected

The contractor shall limit all patient or staff impacts by phasing work during or after hours. Normal business hours are 0730-1600. Should services provided not impact patient or staff services work can be performed during normal business hours. Questions on local facility impacts and work proposed by the contractor shall be directed to the contracting officer representative for approval of work to be performed during or after hours.

General Requirements

Shall contractors work involve any of the below the stated requirement shall be met.

All work shall comply with the most recent edition of USACE EM 385-1-1, comply with 29 CFR 1926, comply with 29 CFR 1910 as incorporated by reference within 29 CFR 1926, comply with ASSP A10.34, and all applicable federal, state, and local laws, ordinances, criteria, rules and regulations. Submit matters of interpretation of standards for resolution before starting work. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern except with specific approval and acceptance.

All electrical work shall comply with VHA Directive 1028, NFPA 70 (NEC), NFPA 70B, NFPA 70E, 29

CFR Part 1910 Subpart J – General Environmental Controls, 29 CFR Part 1910 Subpart S – Electrical, and 29 CFR 1926 Subpart K.

mailto:William.sis@va.gov mailto:mitchell.doht@va.gov

All installation, maintenance, and servicing of equipment or machinery shall comply with 29 CFR

1910.147 except for specifically referenced operations in 29 CFR 1926

All hot work shall be safeguarded in accordance with NFPA 241 and NFPA 51B. Hot work permits shall be issued daily for work in accordance with local policy.

All confined space entry shall comply with 29 CFR 1926, Subpart AA except for specifically referenced operations in 29 CFR 1926.

All floor and wall openings shall comply with 29 CFR 1926 Subpart M and EM 385-1-1.

All crane work shall comply with 29 CFR 1926 Subpart CC and EM 385-1-1. Crane lift plans shall be reviewed and approved by the contracting officer representative prior to work

The fall protection (FP) threshold height requirement is 4ft for ALL WORK in government occupied sites, unless the OSHA 29 CFR 1926 or EM 385-1-1 requirements are more stringent. All work at or above this threshold shall meet OSHA or EM 385-1-1 whichever is more stringent.

Contractor shall maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241

Contractor shall follow OSHA standard 1926.405(a)(2)(i) when applicable which states temporary wiring shall be removed immediately upon completion of construction or the purpose for which the wiring was installed.

Government Furnished Property or Space

The contractor will not be provided government furnished property. Contractor equipment shall be removed or approved on a case by case basis by the contracting officer representative. The government is not liable for theft or security of such equipment if approved.

The contractor will be responsible for keeping a reasonably clean (free of miscellaneous debris) working environment. Failure to do so on a continuous basis shall result in the contractor being back charged for cleaning services.

Job Hazard Analysis

Shall any of the below hazards be expected or present themselves during the work, an activity hazard analysis also known as a job hazard analyses, job safety analyses and activity safety analyses shall be performed meeting all of the requirements from the below. Deviations will be only be approved by the contracting officer.

Job Site Risks associated with the below

1) Emergency response;

2) Contingency for severe weather;

3) Fire Prevention;

4) Medical Support;

5) Posting of emergency telephone numbers;

6) Prevention of alcohol and drug abuse;

7)

Site sanitation (housekeeping, drinking water, toilets);

8) Night operations and lighting;

9) Hazard communication program;

10) Welding/Cutting “Hot” work;

11)

Electrical Safe Work Practices (Electrical

LOTO/NFPA 70E);

12) General Electrical Safety;

13) Hazardous energy control (LOTO);

14) Site-Specific Fall Protection & Prevention;

15) Excavation/trenching;

16) Asbestos abatement;

17) Lead abatement;

18) Crane Critical lift;

19) Respiratory protection;

20) Health hazard control program;

21) Radiation Safety Program;

22) Abrasive blasting;

23) Heat/Cold Stress Monitoring;

24) Crystalline Silica Monitoring (Assessment);

25)

Demolition plan (to include engineering survey);

26) Formwork and shoring erection and removal;

27) Pre-Cast Concrete;

28)

Public (Mandatory compliance with

ANSI/ASSP A10.34-2012);

29) Sub-contractor or cross-trade coordination;

Before beginning each work activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or sub-contractor is to perform the work, the

Contractor(s) performing that work activity shall prepare an AHA (Example electronic AHA forms can be found on the US Army Corps of Engineers web site)

AHAs shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk.

Work shall not begin until the AHA for the work activity has been accepted by the Contracting Officer

Representatives and discussed with all engaged in the activity, including the Contractor, subcontractor(s), and Government on-site representatives at preparatory and initial control phase meetings.

The names of the Competent/Qualified Person(s) required for a particular activity (for example, excavations, scaffolding, fall protection, other activities as specified by OSHA, EM 385-1-1, or other

State and Local agencies) shall be identified and included in the AHA. Certification of their competency/qualification shall be submitted to the contracting officer representative for acceptance prior to the start of that work activity.

The AHA shall be reviewed and modified as necessary to address changing site conditions, operations, or change of competent/qualified person(s).

If more than one Competent/Qualified Person is used on the AHA activity, a list of names shall be submitted as an attachment to the AHA. Those listed must be Competent/Qualified for the type of work involved in the AHA and familiar with current site safety issues.

If a new Competent/Qualified Person (not on the original list) is added, the list shall be updated (an administrative action not requiring an updated AHA). The new person shall acknowledge in writing that he or she has reviewed the AHA and is familiar with current site safety issues.

Submit AHAs to the contracting officer, primary contracting officer representative and alternate contracting officer representative. Included with AHA’s for any electrical work shall include a contractor provided simplified one line diagram indicating all potential power sources and after work ensuring corrections to such diagram occur.

Deliverables

The contractor shall provide inspection, and testing documentation no later than 7 business days following the onsite services. At a minimum they shall provide the manufacturer’s recommendations, the servicing performed, the results of such servicing and the technician who performed the work. Delays in contractor reporting will result in deductions of the approved invoice. This is to include contractor’s failure to report clearly and precisely the above requirements. Documents shall be provided in a pdf form with standardized labeling to include the equipment with unique model numbers, location, frequency period, general description of inspection or maintenance performed.

Schedule

Changes to this schedule shall be communicated to the Contracting Officer, primary and alternate contracting officer representatives immediately.

Due to the continuous operations of the hospital and sensitive populations served, all equipment or utility outages shall be communicated to the contracting officer, primary and alternate COR for VA approval.

The contractor shall build time for the VA to receive adequate approvals for such outages into their schedule and be prepared to work outside of normal business hours to accomplish any outages to limit impact to the patients, staff and visitors of the NWIHCS.

Attachment 1: Performance Requirements Summary (PRS)

B.4 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 Department of Veteran Affairs records.

2. does not include personal materials.

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

Department of Veteran Affairs 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

Required Services Performance Standards AQL Method of Surveillance Disincentive

Work Management submit reports within time window specified in deliverables section of PWS in a format that meets the minimum requirements

Files review, periodic and random observations, complaints

$1000 for each documented instance, $500 for each week uncorrected

Administrative Services Ensure visitor log entries are complete, and 100 Files review, periodic and $1000 for each documented instance

Facilities Services

Test, certify, inspect and/or service equipment listed in PWS as required per manufacturer's recommendations or regulations stated in the

PWS

Files review, periodic and random observations, complaints

$1000 for each documented instance, $500 for each week uncorrected sufficient technical documentation to permit understanding and use of the records and data.

4. [Agency] 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 Department of Veteran Affairs 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 [Agency]. 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 Department of Veteran Affairs 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 Department of Veteran Affairs 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 Department of Veteran Affairs policy.

8. The Contractor shall not create or maintain any records containing any non-public

Department of Veteran Affairs 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 Department of Veteran Affairs 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 Department of Veteran Affairs 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 [Agency]-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 [contract vehicle], 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.

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.