S02 - 36C26120Q0482_1.docx

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

640-20-4-5056-0019

36C26120Q0482 06-09-2020

RICO JOHNSON

916-923-4513 06-24-2020

11:00AM PST

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

X

541620 $16.5 Million

N/A

VA Northern California Healthcare System 5342 Dudley Blvd., Bldg. 209

McClellan CA 95652

612MCP

Department of Veterans Affairs Department of Veterans Affairs VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan CA 95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page The contractor shall provide Fuel Tank Inspection Maint.

for the VA Palo Alto Health Care System.

All questions must be submitted by June 19, 2020.

See CONTINUATION Page

RICO L. JOHNSON

CONTRACTING OFFICER

Table of Contents

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 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of

Performance Work Statement Veteran’s Affairs Palo Alto Health Care System Fuel Tank Inspection and Maintenance Services

1.0 GENERAL INTENTION AND REQUIREMENTS

A. This Performance Work Statement (PWS) is for service inspection and testing of Government owned / Government operated fuel storage tank systems. The fuel storage tank system is comprised of underground and above ground fuel storage tanks, generator day tanks, and associated generator fuel supply piping system at VA Palo Alto Health Care System (VAPAHCS) facilities in Palo Alto, Menlo Park, and Livermore. The fuel storage and distribution systems provide diesel, gasoline, and ethanol fuel on a 24-hours per day, seven days per week, 365 days per year basis to facilities emergency power supply systems, and government vehicle fleet fueling stations.

B. The contractor shall provide labor, equipment, supplies, facilities, tools, materials, transportation, and management services necessary to perform inspections and testing of the Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs) in the VAPAHCS inventory as required in this Performance Work Statement (PWS). Modifications to perform deviations or additions to this PWS require written consent of the Government’s Contracting Officer (CO) and Contracting Officers Representative (COR).

C. The Contractor shall provide inspection, testing, calibration, cleaning, maintenance, and repairs of UST, AST, Day Tank, and fuel piping equipment/systems in the VAPAHCS inventory. The Contractor shall provide all activities necessary to the VAPAHCS fuel tank inventory (attachment A) to maintain compliance with applicable UST and AST regulations.

D. The contractor shall ensure functionality and operability of the fuel storage and distribution systems in the VAPAHCS inventory.

E. Be in full compliance with UST and AST inspections, testing, and operation as required by the US Environmental Protection Agency (USEPA), California State (State Water Resource Control Board), local Counties and Fire Marshals storage tank regulations, and Spill Prevention Control and Countermeasures Rules and Regulations (SPCC).

F. Protect the natural resources and environment while maintaining mission essential facilities operations.

G. The Contractor, without additional expense to the Government, shall obtain all licenses, permits, and insurance required to perform the work in this PWS. The Contractor shall comply with applicable federal, state, and local laws. Evidence of insurance, licenses, and permits shall be provided to the COR before work commences.

H. Services are required at 3 separate VAPAHCS locations:

a. 3801 Miranda Ave, Palo Alto, CA (Santa Clara County)

b. 795 Willow Rd, Menlo Park, CA (San Mateo County)

c. 4951 Arroyo Rd, Livermore, CA (Alameda County)

I. Work conducted for contract performance shall be performed during the standard business or operating hours between 7:30AM and 4:30PM, Monday through Friday. Regular work shall not be performed on Federal Holidays. Emergency work is defined in Section 1.3 H.

1.1 APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

A. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. The following list includes but is not limited to applicable rules, codes, and regulations to the UST/AST fuel maintenance operations. Contractor shall adhere to all policies, procedures, and laws from the VA, State, US Government, and local authorities. In the event that an issue arises between agencies or codes the most stringent will prevail.

· Federal Energy Policy Act (EPAct) Requirements

· 40 Code of Federal Regulations (CFR) Part 280, Underground Storage Tank

· USEPA, 40 CFR Part 112: Oil Pollution Prevention and Response

· Occupational Safety Health Agency (OSHA) Standard 1910.106; Flammable and Combustible Liquids

· Occupational Safety Health Agency (OSHA) 1910

· NFPA 30, Flammable and Combustible Liquids

· International Code Counsel (ICC), International Fire Code

· American Petroleum Institute (API), Welded Steel Tanks for Oil Storage

· Petroleum Equipment Institute (PEI)

· Underwriter Laboratories (UL) 142, Steel Aboveground Tanks for Aboveground Storage Tanks

· API 652, Tank Inspection, Repair Alteration and Reconstruction

· API 570, Piping Inspection Code, Inspection, Repair, Alteration and Rerating of in Service Piping System

· API RP 575, Inspection of Atmospheric & Low Pressure Storage Tanks

· All related UST policies and manufacturer’s instructions

· American National Standards Institute (ANSI) California State Water Resources Control Board

· Bay Area Air Quality Management District (BAAQMD)

· County of Santa Clara Department of Environmental Health

· San Mateo County Environmental Health

· Alameda County Department of Environmental Health

· Local Fire Marshall regulations.

A. The Contractor shall perform work in accordance with applicable Federal, State, Local laws and regulations and Department of Veterans Affairs guidance and apply procedures and protocols as required. Work specified under this contract shall be performed in accordance with accepted industry standard, such as, but not limited to, the American National Standards Institute (ANSI), American Petroleum Institute (API), National Fire Protection Agency (NFPA), Petroleum Equipment Institute (PEI), and standard applicable for this contract.

B. Shutdowns: Contractor shall adhere to VAPAHCS shutdown and lock out / tag out policies. Contractor shall provide a three week notice for shutdowns of any part of the system. Contractor shall submit all required paperwork to COR. Required documentation shall be requested by the COR or CO at no cost to the government.

C. Safety and Health Standards: The contractor shall coordinate work with applicable personnel (contractor and government) to ensure the protection of employees and the environment, the prevention of damage to property, utilities, materials, supplies, equipment, and the avoidance of work interruptions. For these purposes, the contractor shall maintain programs to comply with OSHA Safety and Health regulations. The contractor shall initiate and maintain programs to comply with provisions of the Occupational Safety and Health Standards Act (OSHA) concerning handing of potentially hazardous substances as it pertains to fuel storage, flammable and combustible liquids (OSHA §1910.106 standards).

a. Public Laws and Statutes. The Contractor shall comply with the version (including all changes and amendments) of federal, state and local environmental statutes and regulations in effect on the date of issuance of this delivery order, including, the applicable portions of the documents cited in the basic contract. The contractor shall comply with the version of instructions, regulations, policies and other documents in effect on the date of issuance of this delivery order, including but not limited to the documents cited herein.

1.2 GOVERNMENT FURNISHED PROPERTY, MATERIALS, and SERVICES

A. The Government shall not provide office space or operational facilities to the Contractor. The Contractor shall secure and maintain necessary office space and other facilities required for performance of this Contract at his/her own expense.

B. The Government shall not provide tools or equipment to the Contractor. The Contractor shall furnish all tools required for performance of this contract.

C. The Government shall not provide any materials to the Contractor.

D. The Government shall furnish the following services at existing outlets, as required for the work to be performed under this Contract; electricity, fresh water, sewage service, and non-hazardous refuse collection (from existing collection points). Disposal of equipment and other repair debris is the responsibility of the Contractor.

E. Oils and fuels removed from equipment shall be collected, placed in California Department of Toxic Substances Control used oil management compliant containers, and can be turned over to the Government for disposal upon approved request. Used or emptied oil containers can be removed by the contractor only if they are California Department of Toxic Substances Control compliant containers, documented chain of custody to include destination of recycling, and only with COR inspection and approval.

1.3 CONTRACTOR REQUIREMENTS

A. The Contractor shall provide a Contract Manager who shall be responsible for contract work performance. The name of the Contract manager and an alternate shall be designated in writing to the CO/COR prior to contract start date. Changes to personnel shall be submitted to the Government within five (5) work days of the changes. The Contract Manager or alternate shall have full authority to act on contract matters relating to daily operations performed for contract compliance. The Contract manager or alternate shall be available to speak/meet with the CO or COR, within 24 hours of request during normal operating hours and or within the next business day.

B. Selection, assignment, and management of Contractor’s employees is the Contractor’s responsibility. The Contactor shall not employ any individual identified as a potential threat to the health, safety, security, and general well being, or operation of the VAPAHCS facilities or personnel. The Contractor is fully responsible for performance and conduct of his/her employees. The Contractor shall not allow any employee to perform work under this Contract while under the influence of alcohol, drugs, or any other incapacitating agent.

C. The Contractor shall have a valid contractor’s license, and the contractor’s work leaders shall have completed Occupational Safety & Health Administration (OSHA) approved 30-hour construction safety training. Certificates shall be provided to the COR prior to beginning of work and for any change in staffing that access the VAPAHCS equipment inventory.

D. The Contractor shall have a minimum of 5 years’ experience in the maintenance, inspection, testing, and repairs of UST, AST, and fuel delivery systems. A minimum of 5-years of experience in local, county, state, and federal fuel tank inspections as the designated operator.

E. The Contractor shall have experience with, and access to the NoViolation.Com Software-as-a-Service (SaaS). The Contactor shall be responsible for maintaining the existing database and updating all documented maintenance and testing conducted for contract performance into the database.

F. Section 1.3 CONTRACTOR REQUIREMENTS will be evaluated as part of the technical package submitted by the potential contractors in selection of the best value service provider.

G. Contractor Employees: The contractor is required to provide employees who have at least five (5) years of experience in similar work of this requirement. Contractor personnel shall possess the following listed certificates/licenses for the duration of the contract:

a. California UST System Operator

b. California UST Service Technician

c. California UST Inspector

d. Confine space certificate

e. OSHA 10 training

The contractor shall keep its employees trained and certified at all time during contract period. The contractor shall ensure all employee certifications are submitted to CO and COR for proper recording of training no later than 5-day after award of contract. The government has the right to inspect and request verification of licenses and certificates of during the contract period. The Contractor shall update list of any changes with personnel or certificates/license and submit to COR and CO no later than 5 days of occurrence.

Removal of Contractor’s Employees: The CO may require the contractor to remove from the performance of the contract any employee endangering persons, property, or environment.

H. EMERGENCY / CALL BACK SERVICES.

a. Emergency Services. The contractor shall response to emergency calls at the discretion of the Contracting Officer (CO) or COR. The contractor shall perform emergency repairs to facilities, systems, improvements, or utilities damaged. Emergency calls consist of correcting failures constituting an immediate danger to personnel, threaten to damage property, threaten the environment, and threaten to disrupt operations. Contractor shall respond to emergency call within one (1) hours of initial call. Contractor shall provide and list of contacts and phone numbers.

b. Urgent services. Urgent service calls will be classified as urgent at the discretion of the CO or COR. Generally, urgent calls consist of providing services or correcting failures which do not immediately threaten personnel, property, environment, or operations, but have the potential of becoming threatening. Contractor shall response to urgent calls within two (2) hours of initial call.

c. Routine services. Routine service call will be classified as routine when the work does not qualify as an emergency or urgent call. Contractor shall respond to routine services calls within three (3) days of initial call.

d. Call list and log. Contractor shall provide and updated a list of contacts and phone numbers. A log shall be maintained of all service calls received; a description of the problem or requested work, date and time received location, name, and number. The contractor shall plan and schedule work to assure material, labor, and equipment are available to complete work requirements with regard to established time limits and quality standards. The service log shall be submitted to the COR and Compliance Office every 5th of the month.

I. OPERATION IMPACT MISSION: If during evaluation, inspection, or any other time of the UST / AST system components requires repairs or replacement, the contractor shall notify the COR immediately. The contractor shall notify the COR of the required time for these operations to adequately allocated resources and adjust VAPAHCS operations.

J. Hazardous Materials. All hazardous materials must be contained and stored in the appropriate storage containers and/or cabinets. The contractor shall immediately report spills or release of hazardous material to the COR. The contractor shall be liable for containment and environmental clean-up of spill or release of such recommendations. The contractor shall comply with environmental and hazardous materials storage and handling requirements and maintain current Safety Data Sheets (SDS).

1.4 BACKGROUND CHECKS AND IDENTIFICATION BADGES

A. Contractor and Subcontractor personnel working on VAPAHCS facilities must consent to Background Checks or shall be denied access to the VAPAHCS facilities. Information required to conduct a Background Check includes: full name, driver’s license number and/or social security number, date of birth, and completion of a background check questionnaire.

B. Contractors shall ensure their employees and those of their Subcontractors have the proper credentials allowing them to work in the United States. The Contractor shall not be entitled to any compensation for delay or expenses associated with this requirement and are not excused from proceeding with the Contract.

C. Contractor personnel shall present a neat appearance and be easily recognized as a Contractor employee by wearing distinctive clothing bearing the name of the company and/or a VAPAHCS issued temporary ID badge while on campus.

1.5 EMERGENCY TELEPHONE NUMBERS

The Contractor shall provide the CO/COR with pertinent emergency telephone numbers to summon assistance in the event of an emergency. At least one of the emergency telephone numbers, and one alternate telephone number, shall be manned twenty-four (24) hours per day, 365 days per year. This information shall be provided in writing to the CO/COR.

1.6 PERIOD OF PERFORMANCE

2.1 DESCRIPTION OF SERVICES

A. Ensure functionality and operability of fuel storage and distribution systems at VAPAHCS.

B. Be in full compliance with inspections, testing, UST and AST operation as required by the US Environmental Protection Agency (USEPA), California State (State Water Resource Control Board), Counties, Fire Marshals storage tank regulations and Spill Prevention Control and Countermeasures Rules and Regulations.

C. Protect the natural resources and environment while maintaining mission essential facilities operations such as emergency generators, steam generator plants, and vehicle fleet activities.

D. The Contractor shall provide all labor, equipment, supplies, facilities, tools, transportation, material, management services, and other items and services necessary to provide inspection, cleaning, testing, calibration, maintenance and repairs of USTs and ASTs with auxiliary equipment and systems. The Contractor shall provide the activities necessary to ensure nine (9) USTs, thirty (30) ASTs, and twenty five (25) day tanks (DT) at VAPAHCS are in compliance with UST regulations and AST regulations. These activities include performing the required tests, inspections, maintenance and repairs to insure UST/AST compliance. See the technical exhibit for a summary list of tanks and equipment.

E. The contractor shall provide all services to USTs/ASTs and auxiliary equipment/systems in order to maintain them in a compliant, functional, capable, safe, efficient and economical condition. The contractor shall conduct preliminary studies of USTs/ASTs and auxiliary equipment under this contract and update spreadsheet with current information. In addition, the contractor shall provide an existing conditions summary with recommended/required repairs to the COR within 30 days of award, this summary will contain all labor/materials required for review and potential award as a task order under this contract. The contractor shall provide the recognized industry standard maintenance procedures, manufacture recommendations, and federal, state and local laws. The following work tasks are requirements to be performed under this PWS.

F. Tests. The Contractor shall perform annual Line Tightness Test (LTT), Monitoring system certification (annually), Spill Containment Structure (Bucket) test (annually), Secondary containment test (every three years) and other tests required by applicable codes and regulations.

G. Inspection and Testing. USTs, ASTs, and their auxiliary equipment/systems listed in the Technical Exhibit shall be inspected on a monthly basis in accordance with manufacturer’s recommendations/instructions, and Federal, State, and Local laws and regulations.

H. Monthly Inspection. The Contractor shall conduct monthly inspections to all USTs and ASTs, including the tanks, day tanks, auxiliary equipment/systems and associated piping to insure proper functionally of equipment. The contractor shall perform recurring, systematic and periodic maintenance as required to preserve USTs, ASTs, day tanks, and auxiliary equipment. Contractor shall provide, install, and maintain thermo paper / paper roll at printer. Contractor shall inspect spill kit containment at each UST and AST site. Contractor shall be responsible to provide, maintain, and add material if required.

I. Pre Inspections. Contractor shall inspect and prepare facility for any inspections from the state, counties, CUPAs, fire marshal, VA inspection teams, and other agencies at the request of VAPACHS at no additional cost to the government.

J. Consultation. Contractor shall provide consultation services by phone, written, or in person at the request of VAPAHCS at no additional cost to the government. Services shall be provided no later than three (3) working days from date of request.

a. Contractor shall provide assistance with California Environmental Reporting System (CERS) upon request of VAPAHCS at no additional cost to the government.

b. Contractor shall provide assistance with CUPA request on documents, code, questions, and requests for information upon the request of VAPACHS at no additional cost to the government.

K. Training. Contractor shall provide training on the USTs, ASTs, auxiliary systems, and monitoring systems every 6 months no additional cost to the government. Training shall include at a minimum USTs, ASTs, fuel monitoring system, spill kit, and spill prevention control and countermeasure (SPPC). The Government may request additional training as needed to train new employees, to be provided as a quotable additional service.

L. Travel Cost. All travel costs associated with the performance of this contract are the responsibility of the contractor and are provided at no additional cost to the Government as part of this contract. Travel costs are defines as but are not limited to time and vehicle costs from personnel in travel to and from job site for all duties outlined in this PWS.

M. Cleaning. The contractor shall provide annual cleaning of the AST tank systems, removing all oil, dirt, and vegetation growth on the tanks, adhering to SPCC and EPA requirements.

2.1 INVOICING. Contractor shall invoice every month. Contractor shall provide one charge with attached invoices describing charges.

2.2 REPORTS

A. Task Coordination and Task Performance Report. The contractor shall visit the COR’s office after 8:00 am on each scheduled performance day in order to confirm the performance schedule between the COR and the contractor. The contractor shall provide performance reports and submit to the COR by email and hard copies shall be mailed with printout of monthly test after completion of each tasks. Reports shall be delivered no later than the 5th of every month. Performance reports shall include the following information at a minimum:

a. Installation name

b. Tank number

c. Date and time work performed

d. Licensed technician performed the service

e. Description and method of service performed

f. Inspection, testing, calibration and/or maintenance data

g. Conditions of serviced equipment and/or systems

h. Signature of contractor representative

B. Monthly Reports. The contractor shall provide reports no later than 5th of month. Reports will require at a minimum items 5.6.1.1 – 5.6.1.8. Reports shall include all inspections, service repairs, projects, tests, maintenances, purchase card services, recommendations, and other notes. Reports shall be delivered to the COR and Compliance Office.

C. Deficiency Report. When any deficiencies are identified on ASTs/USTs and/or auxiliary equipment and systems under this contract, the contractor shall inform the COR immediately via verbal and written email notification. Contractor shall submit the deficiency report to the COR within three (3) days with a proposal (time and cost). The deficiency report shall include at a minimum the following information:

a. Installation name

b. Tank number and equipment/system name

c. Date of failure

d. Description of failure (pictures, drawings, etc.)

e. Justification (if repair is not accomplished)

f. Description of repair work (pictures, drawings, etc.)

g. Material list (description of article, quantity, catalogue-cut, pictures, etc.) for repair

h. Proposed repair schedule

i. Cost estimate

j. Submission date of the report

D. Annual Schedule. The contractor shall submit an annual schedule to the COR to obtain approval within 15 days from contract award and the start date of each option year. The annual schedule shall show the order in which the contractor proposes to perform the inspections, testing, calibration, and maintenance service, the dates on which the contractor will start each work element and the scheduled date for completion of each element.

2.3 UPDATE INFORMATION. Contractor shall update USTs, ASTs, and auxiliary systems information on all documents. Spreadsheet shall be updated with the most current information. Contractor shall update and gather information which VA request at no additional cost to the government.

2.4 HAZARDOUS MATERIAL. No hazardous materials shall be stored on VA grounds. Contractor shall provide a list of hazardous material(s) required on this PWS. The list shall include at a minimum name of hazardous material, quantity, and safety data sheet. Contractor shall report any spill or mishap to the COR immediately. Contractor shall request permission in writing to the COR if hazardous material are required to be stored on VA grounds, which shall not be greater than three calendar days.

A. Contractor shall be responsible to remove and dispose of hazardous materials within accordance to federal, state, and local authorities.

B. Contractor shall be responsible to clean up any spills that they cause. They shall be financially responsible for cleaning fees, fines, or other expenses related to the spill. Spills shall be clean up immediately.

2.5 RECORDS. The contractor shall be responsible for maintaining government required records that are specifically cited in this PWS or required by the Federal, State, and Local law and authorities within NoViolation.com. The contractor shall provide the original records or a reproducible copy of any such record within five (5) working days of receipt of the request at no additional cost to the government.

3.0 Contractor Performance: The government shall evaluate the contractor’s performance for this contract in accordance with the Quality Assurance Surveillance Plan and PWS. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. Failure to correct any adverse findings or failure to deliver all services described in this contract may result in non-acceptance of the services by the Government. Failure to meet the standards of this performance work statement my result in a deduction of price equal to the value of the unperformed or poorly performed services. Failure to provide services in accordance with this contract could also result in termination of the contract for cause and/or adversely impact the Contractor’s ability to be selected for future contracts as documented.

3.1 Inspections: Government verification inspections of services shall not constitute acceptance nor replace the contractor inspection or in any way relieve the contractor of any responsibility to take all actions necessary to assure highest quality of service rendered.

TECHNICAL EXHIBIT A (see attached) – Fuel Tank Inventory

Section B Schedule of Supplies/Services Price Delivery Schedule 640-20-4-5056-0019

SEE ATTACHMENT 3 (PRICE SCHEDULE). FILL OUT ATTACHMENT 3 AND SUBMIT AS A STAND-ALONE DOCUMENT.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage.