RFQ-36C24523Q0150-Underground Storage Tanks Repair-Maintenance.pdf

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Attached to: H391--Underground Storage Tanks (UST) Inspections and Maintenance Hydro Tank Inspections and Maintenance
Solicitation number: 36C24523Q0150
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 5

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D.1 WASHINGTON DC WAGE DETERMINATION ATTACHED.pdf	PDF	Dec 9, 2022

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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

688-23-1-459-0040

36C24523Q0150 12-06-2022

JOHN RITTER JOHN.RITTER2@VA.GOV 12-21-2022

9:00 AM EST

Department of Veterans Affairs

VAMC

John.Ritter2@va.gov 10 N Greene St Baltimore MD 21201

X 100

541990

$17 Million

N/A

WASHINGTON DC VAMC

50 IRVING St NW Ste 61

WASHINGTON DC 20422

VAMC

John.Ritter2@va.gov 10 N Greene St Baltimore MD 21201

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

THIS SHALL PROVIDE UNDERGROUND STORAGE TANKS (UST)

INSPECTIONS AND MAINTENANCE HYDRO TANK INSPECTIONS.

SEE STATEMENT OF WORK (SOW)/SCHEDULE.

PERIOD OF PERFORMANCE:

BASE: JANUARY 16, 2023 - JANUARY 15, 2024

OPTION YEAR 1: JANUARY 16, 2024 - JANUARY 15, 2025

OPTION YEAR 2: JANUARY 16, 2025 - JANUARY 15, 2026

OPTION YEAR 3: JANUARY 16, 2026 - JANUARY 15, 2027

OPTION YEAR 4: JANUARY 16, 2027 - JANUARY 15, 2028

QUESTIONS DUE BY 12/13/2022 9:00 AM EST

QUOTES DUE BY 12/21/2022 9:00 AM EST

EMAIL QUOTES TO John.Ritter2@va.gov

See CONTINUATION Page

X X

X 1

JOHN RITTER

VA-VHA-RPOE-2022-225781

mailto:JOHN.RITTER2@VA.GOV mailto:John.Ritter2@va.gov mailto:John.Ritter2@va.gov http://www.fsc.va.gov/einvoice.asp

36C24523Q0150

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 ................................................ Error! Bookmark not defined.

B.3 STATEMENT OF WORK (SOW)

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

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

C.3 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.6 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WASHINGTON DC WAGE DETERMINATION ATTACHED

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

E.2 FAR 52.212-1, “INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS” (OCT

2018)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

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

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

1998)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT:

Contracting Officer 36C245 Department of Veterans Affairs

VAMC

John.Ritter2@va.gov 10 N Greene St Baltimore MD 21201

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 COMPLETION OF JOB.

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 __________________ __________________

Hydrostatic Testing of 6 sumps and 2 Spill buckets on (2) Underground Storage Tanks (USTs).

Contract Period: Base POP Begin: 01-16-2023 POP End: 01-15-2024 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H391 - Inspection - Fuels, Lubricants, Oils, and Waxes The requirements of the inspection shall be done 30 days from the award and every year from that award.

Inspection, Recalibration and Recertification of Tank Monitoring System (TMS).

Filter /Polish and treat diesel fuel in 2-USTs and (6) 75-gal day tanks Contract Period: Base POP Begin: 01-16-2023 POP End: 01-15-2024 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H391 - Inspection - Fuels, Lubricants, Oils, and Waxes

Disinfect, sample/analysis of 2 x 10,000 gal domestic water tanks.

Contract Period: Base POP Begin: 01-16-2023

POP End: 01-15-2024 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H391 - Inspection - Fuels, Lubricants, Oils, and Waxes

Transition Sump leak pipe repairs Contract Period: Base POP Begin: 01-16-2023 POP End: 01-15-2024 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H391 - Inspection - Fuels, Lubricants, Oils, and Waxes

Replacement of leaking day tank EMER. Gen #4 Contract Period: Base POP Begin: 01-16-2023 POP End: 01-15-2024 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H391 - Inspection - Fuels, Lubricants, Oils, and Waxes

Leaking pump 10K Egn Contract Period: Base POP Begin: 01-16-2023 POP End: 01-15-2024

ATG leak sensor labeling:

Contract Period: Base POP Begin: 01-16-2023 POP End: 01-15-2024

Perform precision testing on (2) Underground Storage Tanks (UST).

Contract Period: Option 1 POP Begin: 01-16-2024 POP End: 01-15-2025 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H391 - Inspection - Fuels, Lubricants, Oils, and Waxes

(USTs).

Perform precision testing on (2) Underground Storage Tanks (UST).

Contract Period: Option 2 POP Begin: 01-16-2025 POP End: 01-15-2026 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H391 - Inspection - Fuels, Lubricants, Oils, and Waxes

(USTs).

Contract Period: Option 2 POP Begin: 01-16-2025

POP End: 01-15-2026 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H391 - Inspection - Fuels, Lubricants, Oils, and Waxes

Contract Period: Option 3 POP Begin: 01-16-2026 POP End: 01-15-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H391 - Inspection - Fuels, Lubricants, Oils, and Waxes

(USTs).

Contract Period: Option 3 POP Begin: 01-16-2026 POP End: 01-15-2027

PRODUCT/SERVICE CODE: H391 - Inspection - Fuels, Lubricants, Oils, and Waxes

Contract Period: Option 4 POP Begin: 01-16-2027 POP End: 01-15-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H391 - Inspection - Fuels, Lubricants, Oils, and Waxes

(USTs).

Contract Period: Option 4 POP Begin: 01-16-2027 POP End: 01-15-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

GRAND TOTAL __________________

B.3 STATEMENT OF WORK (SOW)

GENERAL SCOPE: The Contractor shall furnish and install all labor; tools and materials necessary to perform preventive maintenance inspections and services as per local codes District Department of Environment. (DDOE) for:

A. Two (2) Underground Storage Tanks : One (1) 10k UST/One 30k UST B. 6 above ground storage tanks, C. One-subbase tank D. Two 10-thousand-gallon domestic water Hydro-Tanks.

E. These systems are required by the District Department of the Environment to be inspected and serviced annually.

Task #1

• Contractor shall Perform the following maintenance/testing procedures on fuel storage tanks and associated systems in accordance with manufacturer specifications on fuel storage tanks and associated systems:

Scope of Work:

Precision Tightness Testing, Sump Hydrostatic testing, visual inspection of sumps and spill buckets, and diesel fuel filtering for two (2) underground storage tanks (USTs)

Scope of Work:

Perform precision testing on (2) USTs.

One (1) 30,000 gallon UST (Diesel) One (1) 10,000 gallon UST (Diesel)

1. Hydrostatic Testing of 6 sumps and 2 Spill buckets on (2) USTs.

One (1) 30,000 gallon UST – 3 sumps and I spill bucket One (1) 10,000 gallon UST – 3 sumps and 1 spill bucket

2. Inspection, Recalibration and Recertification of Tank Monitoring System (TMS).

One (1) 30,000 gallon UST – 1- TMS One (1) 10,000 gallon UST – 1- TMS

1. Filter /Polish and treat diesel fuel in 2-USTs and (6) 100-gal day tanks and one 200 gallon day tank One (1) 30,000 gallon UST (diesel) One (1) 10,000 gallon UST (diesel)

2. Performing the following preventive maintenance procedures on automatic tank gauging systems in accordance with manufacturer specifications on fuel storage tanks:

• Calibrate (3) Automatic Tank Gauging operating systems to ensure that the system is operating in accordance with manufacturer’s specifications.

• Calibrating and lubricating the equipment.

• Performing remedial maintenance/repairs of non-emergent nature.

• Inspect all mechanical and electronic components which may include but not limited to cables, relays, switches, control devices and mounting hardware, chains, belts, bearings and tracks, interlocks, clutches, motors, solenoid or manual valves, chemical injectors, keyboards and display screens for mechanical and electrical integrity, safety, and performance.

Task 2# UST Repairs

Scopes of Work:

The Contractor shall furnish and install all labor; tools and materials necessary to perform repair services noted as deficiencies on the most recent Underground Fuel Tank Report. Contractor shall comply with local codes District Department of Environment. Scope of work to be performed is as follows:

• Coordinate start date of repair services to be performed

• Mobilize on site for Job briefing of services to be performed

Contractor shall provide job procedures for approval

Transition Sump:

• Locate leaking piping in the 30K UST transition sump, inspect condition of piping and fittings

• Tighten leaking fittings, remove accumulated fuel in the bottom of the sump.

• Properly dispose

Replacement of leaking day tank:

• Lock out / tag out the system. disconnect emergency generator #4 pump set and piping from the day tank.

• Pump remaining fuel from the day tank.

• Remove and dispose of the accumulated fuel in the day tank containment.

• Remove day tank from secondary containment.

• Clean out inside of secondary containment, properly disposing of cleaning products.

• Provide and install (1) new 100gal Tremont day tank inside the existing secondary containment.

• Reinstall the day tank, containment, pump set and piping. Purge and test piping after reconnection is complete.

Leaking pump 10K UST Tank

• Inspect pump and find source of leak.

• Remove and disassemble pump as necessary to access compromised gaskets

• Reassemble pump, reinstall and reconnect piping.

• Remove accumulated fuel in the containment.

• Clean the inside of the containment, properly disposing of cleaning products

ATG leak sensor labeling:

• Identify individual leak sensors in the ATG’s associated with the 30K and 10K UST’s.

• Reprogram ATG’s and name individual leak sensors.

• Recalibrate ATG’s as needed after leak sensor labeling is complete.

Task #3 Domestic water hydro tank disinfection procedure

The Contractor shall furnish and install all labor; tools and materials necessary to perform disinfection procedures and services for two 10 thousand gallon domestic water Hydro-Tanks.

These systems are required by the District Department of the Environment to be inspected and serviced annually. Procedure will be as follows:

Each tank will be scheduled for disinfection procedures on two agreed Saturdays for a time that is agreed upon by both parties.

Tanks will be filled prior to contracts arrival to the work site by VA facility personnel.

Contractor will perform the noted procedures to clean and disinfect the tanks

Once the contractor is complete, water samples will be taken by a Third party and sent to a facility approved test laboratory for quality assurance.

• Within thirty (10) days after award, the Contractor shall provide the COR with a copy of the procedures that the Contractor shall follow, including the manufacturer specifications, the ones listed in paragraph A, and any additional procedures followed by the Contractor.

• The day of the Service must be scheduled by the Field Service Engineer and the Contracting Officers Technical Representative at least a week in advance and during normal working hours. All exceptions to the preventive maintenance schedule shall be arranged and approved in advance.

4. Any charges for materials such as lubricants, fluids, cleaning supplies, parts, services, manuals, tools, or software required for the Contractor to successfully complete schedule PM shall be provided by the Contractor and are included within this contract, and it’s agreed upon price.

PARTS

F. The Contractor shall have ready access to all equipment parts, including unique and high mortality replacement parts, to minimize downtime and meet equipment uptime requirements.

G. Only new standard parts (manufactured by the maker of the equipment or equal thereto) shall be furnished by the Contractor. Rebuilt parts, used parts, or those removed from the same model of equipment shall not be installed. All parts supplied by the Contractor shall be of current manufacture and have complete versatility with the presently installed equipment.

All parts shall perform identically to the original equipment specifications.

8. SERVICE MANUALS

The VAMC shall not provide service manuals or service diagnostic software to the Contractor. The Contractor shall obtain, have on file, and make available to its Field Service Engineer’s all operational and technical documentation (such as: operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract.

9. TEST EQUIPMENT

Within thirty (10) days after award, the Contractor shall provide the VAMC with a copy of the current calibration certification of all test equipment which shall be used by the Contractor on VAMC’s equipment. This certification shall also be provided on a periodic basis when requested by the VAMC. Test equipment calibration shall be traceable to a national standard.

NOTE: The requirements of the inspection shall be done 30 days from the award and every year from that award.

10. CHECK-IN PROCEDURES

A. The Contractor shall be required to report to the COR during normal working hours, prior to, and after any work is performed, every day that is required to complete the job.

This check-in is mandatory. At this time the Field Service Engineers will be issued a contractor’s identification badge which will be always displayed while on VAMC property and surrendered upon completion of the job. Also, at this time Field Service Engineers (FSE) will be required to enter the following information into the lob: name of Field Service Engineers, name of Contractor, current date, and time in, location of service/equipment being serviced, and time out.

B. When service is completed, the Field Service Engineer shall document services rendered on a properly completed Engineering Service Report. The Field Service Engineer shall be required to log out with the Utility Systems Shop and submit the Engineering Service Report(s) to the COR. All Engineering Service Reports shall be submitted to the equipment user for an “acceptance signature” and to the COR for an “authorization signature”. If the COR is unavailable, a signed, authorized copy will be sent to the Contractor after the work can be reviewed.

C. When the job cannot be completed by 4:30 p.m. during normal working hours, a status of progress in the form of an Engineering Service Report and verbal description must be provided to the COR before 4:00 p.m.

D. When work is authorized to be done outside normal working hours and Utility Systems Shop is not staffed the Field Service Engineer shall be required to log in and out with Security/Police service in the VAMC lobby or room 1A114 and receive proper identification badges. Engineering Service Reports for these services, completed and left in progress, will need an “acceptance signature”, and should be dropped off at a point agreed upon with the

COR.

11. DOCUMENTATION/REPORTS

A. Documentation in the form of Engineering Service Report must be furnished to the COR for all scheduled and unscheduled maintenance performed by the Contractor. Failure to comply may result in delayed payment.

B. The documentation shall include detailed descriptions of scheduled maintenance and emergency repairs, procedures performed, including replaced parts and prices (for outside normal working hour services) required to maintain the equipment. Such documentation shall meet the guidelines as set forth in Section C.3, Conformance Standards. The Engineering Service Report shall consist of a separate report for each equipment item covered under the “specific” contract. Each Engineering Service Report must, at a minimum, document the following data legibly and in complete detail:

• Name of Contractor.

• Name of Field Service Engineering who performed services.

• Contractor service Engineering Service Report number/log number.

• Date, time (starting and ending), equipment downtime and hours on-site for service call.

• VA purchase order number(s) covering the call (for the contract or one provided for authorized work performed outside normal hours of coverage or not covered by the contract).

• Description of problem reported by Contracting Officers Technical representative

• Identification of equipment to be serviced: device name/description, device location (if applicable), manufacturer’s name, model number, serial number, inventory/barcode, and any other identification numbers.

• Itemized description of service performed, and parts replaced.

• Results of calibration and/or performance testing.

11. Signatures

H. Authorization of work task shall be completed by a signature by Contracting Officer’s Technical Representative. If he/she is unavailable a signed, authorized, copy of the Engineering Service Report will be sent to the Contracting Officer after the work can be reviewed, if requested by the Field Service Engineer and noted on the Engineering Service Report.

I. Any additional charges claimed by the Contractor must be approved by the Contracting Officers Technical Representative before the service is completed. A purchase order number must then be provided to the Field Service Engineer /Contractor by the Contracting Officers Technical Representative.

12. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE

The Contractor shall immediately, but not later than twenty-four (24) hours after discovery, notify the Contracting Officer and the Contracting Officers Technical Representative, IN WRITING of the existence or the development of any defects in, or repairs required to the schedule of equipment which the Contractor considers not to be responsible for under the terms of the contract. The Contractor shall furnish the Contracting Officer and Contracting Officers Technical Representative with a written estimate of the cost to make necessary repairs.

13. ADDITIONAL CHARGES

There shall be no additional charge for time spent at the site (during, or after the normal hours of coverage) awaiting the arrival of additional Field Service Engineer and/or delivery of parts.

COMPETENCY OF PERSONNEL SERVICING EQUIPMENT:

A. The Contractor shall have fully qualified Field Service Engineer performing all service on the equipment under contract. Within a 10-day period after the award of the contract, the Contractor shall submit a list of the fully qualified Field Service Engineers who shall perform the contracted service at this VAMC for each make and model of equipment on the equipment schedule. The list for each Field Service Engineer performing work at this VAMC will include: their name, geographic location, length, and type of experience maintaining medical equipment (specific to make and model of equipment), and their formal training (specific to the make and model of equipment).

B. Each respondent must have an established business, with an office and full-time staff.

Generally, the Contractor shall have two years of successful experience in fully maintaining the full schedule of equipment for this contract. This staff includes two “fully qualified” Field Service Engineers who shall serve as the primary technician and backup for the servicing of the items listed on the schedule of equipment at this VAMC.

J. “Fully Qualified” is based upon training and on experience in the field. For training, the Field Service Engineer(s) has successfully completed a formalized training program, for the equipment identified in the scheduled of equipment. For field experience, the Field Service Engineer(s) shall have a minimum of two years of experience (except for equipment on the market less than two (2) years) performing preventive maintenance and equipment repairs on the equipment.

K. The Field Service Engineers shall be authorized by the Contractor to perform the maintenance services. All work shall be performed by “fully qualified” individuals. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved Field Service Engineers for each make and model the Contractor services at the VAMC, as detailed in Section C.15. The Contracting Officer may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any VAMC equipment. The Contracting Officer and COR specifically reserve the right to reject any of the Contractor’s personnel and refuse them permission to work on the VAMC equipment.

L. If subcontractor(s) are used, they must be approved by the Contracting Officer; the Contractor shall submit any proposed change in subcontractor(s) to the Contracting Officer for approval or disapproval.

4. GENERAL CONDITIONS AND DEFINITIONS:

a. VA: Veterans Affairs.

b. COR: Contracting Officers Representative. VA employee of VAMC Facilities and Engineering Service officially assigned to act as a Project Manager and Inspector on behalf of VAMC and the Contracting Officer. COR shall be “First Point of Contact” on all matters concerning contract work for subject Project.

c. DDOE: District Department of Environment

d. Coordinate all administrative and construction requirements exclusively with or through assigned COR of VAMC Facilities and Engineering Service; and neither discuss contract work with, nor take any directives concerning contract work form any other person other than COR unless specifically permitted and authorized to do so.

5. SAFETY PRECAUTIONS:

a. The Contractor shall comply with all applicable Federal, State and Local legal requirements regarding workers health and safety. The requirements include, but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulation, such as applicable provision of Title 29, Code of Federal Regulations (CFR) Parts 1910 and 1926. Contractor is solely responsible for determining the legal requirements that apply to activities and shall ensure safe and healthful working conditions for its employees.

b. Contractor shall assume the responsibility to guard against causing fires and/or explosion and to protect Government Property, reference NFPA 241 and 29 CFR 1926.

c. The Contractor shall perform the work in a manner consistent with the area security and fire safety regulations especially about exits and exit way access.

Utility shutdowns shall not compromise security, communication, or fire safety for occupants.

d. No flammable liquids shall be stored or used in the Medical Center.

e. The necessary number and appropriate types of portable fire extinguishers are required per National Fire Protection Association (NFPA) 10 and NFPA 41.

f. All necessary precautions shall be taken by the contractor to prevent activation of any existing smoke detectors or sprinkler heads.

6. HAZARDOUS MATERIAL REPORTING:

a. The Contractor shall maintain hazardous inventories and material safety data sheets (MSDS) for all hazardous materials (as defined in CFR 1910.120, 40 CFR’s 355, 370, & 372) to be stored and used at this Medical Center.

Hazardous materials must be inventoried when received and when the project is completed.

b. Hazardous Materials Inventories, Material Safety Data Sheets and Material Quantities used shall be submitted to the Contracting Officer for approval.

c. In the event of a spill, Contractor shall immediately notify the Contracting Officer’s Technical Representative as well as the Contracting Officer. The Contractor shall be solely responsible for the expense of any cleanup of such spill, and the cleanup shall be in accordance with the applicable provision of 40 CFR Part 761.

7. ENVIRONMENTAL PROTECTION:

All hazardous and universal waste resulting from contractor services shall be removed and properly disposed in accordance with 40 CFR 261 through 265, 40 CFR 273 and 40 CFR 279 by the contractor at no additional cost to the VA. This will include the disposal of oil sludge and or material that is deemed as hazardous material. Copies of disposal manifests must be provided to the COR.

Contractor must comply with Federal Executive Order 13514 and VA specifications by developing a waste management plan to divert 30-50% of demolition debris from the solid waste stream. At a minimum, the following shall be diverted from the landfill: inert material, wood, metal, cardboard, roofing material, plastics, carpets, carpet pads, gypsum board, insulation, unused paint.

8. ADDITIONAL INFORMATION:

• Parking for contractors will be permitted on the VAMC/DC facility in designated areas.

• Contractor will maintain their own waste apparatuses for removal of waste materials.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

and

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

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

(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.

(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;

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) 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 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause—

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the…

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