S02. 36C24925Q0278.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24925Q0278 08-19-2025

Rick Grambo 423-905-5043 09-04-2025

10:00 EDT

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

X 100

X

238220

$19 Million

N/A

X

Department of Veterans Affairs Lexington VAMC Various buildings

Lexington KY 40511

90C

Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 204 Murfreesboro TN 37129

90C

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

Setup 1-877-489-6135

See CONTINUATION Page

The VA is soliciting a requirement to replace 6 boilers Please see SOW for all work and requirements Questions are due NLT 28 August 1200 Eastern Daylight Time

This contract is being solicited under FAR 13.5 Simplified Acquisition Procedures.

Period of performance is one year from contract award.

Please return the solicitation signed in Block 30 a and the information in 30 b filled out.

All submittals shall include all listed details in the Statement of Work Part B - Work Requirements or they will be considered technically unacceptable outright.

Method of evaluation is Lowest Price Technically Acceptable

(LPTA)

This solicitation is 100% set aside for Service Disabled Veteran Owned Businesses (SDVOSB) & active SAM registration is required at the time of offer and through the contract.

See CONTINUATION Page

X

36C24925Q0278

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

STATEMENT OF WORK

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.3 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

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

(DEVIATION)

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 34

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

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

C.12 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

C.13 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

C.14 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

C.15 52.236-12 CLEANING UP (APR 1984)

C.16 52.236-13 ACCIDENT PREVENTION (NOV 1991)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

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 36C249

Department of Veterans Affairs

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204

Murfreesboro TN 37129

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

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] In arrears after completion and acceptance

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

ATTACHMENT

STATEMENT OF WORK

SOW: 596-25-2-5079-0045

Boiler replacement for Franklin R Sousley Campus, Lexington VAMC.

STATEMENT OF WORK PART A – GENERAL INFORMATION

A.1 INTRODUCTION – This requirement is for replacement of high efficiency condensing hot water boilers in buildings 2,3,4 and necessary ancillary equipment.

A.2 BACKGROUND –

Franklin R Sousley Campus, 2250 Leestown Rd, Lexington, KY 40511:

Replacement of high efficiency condensing hot water boilers in buildings 2,3,4 and necessary ancillary equipment due to current BSE aging out of service.

A.3 SCOPE OF WORK – The Contractor shall furnish all labor, supervision, equipment and material for replacement of high efficiency stainless steel condensing hot water boilers in buildings 2,3, and 4 along with necessary ancillary equipment, contractor is to dispose of or recycle all waste, spoils, or excess. At no time between September 1 and May 1 can any building’s hot water heating loop remain out of service for more than 4 consecutive hours.

STATEMENT OF WORK PART B – WORK REQUIREMENTS

B.1 Tasks to be accomplished:

• All tasks, boilers, ancillary equipment and required additional safeties must be completed in accordance with the most current versions of VA Directive 1810, Boiler

Efficiency Institute Safety Device Testing Manual, and all local, state, and federal regulations and codes.

All submittals must include:

• Product Data: Include performance data, operating characteristics, furnished specialties, and accessories.

• Shop Drawings: For boilers, boiler trim, and accessories.

• Include plans, elevations, sections, details, and attachments to other work.

• Wiring Diagrams: Power, signal, and control wiring.

• Source quality-control test reports: Indicate and interpret test results for compliance with performance requirements before shipping.

• Field quality-control test reports: Indicate and interpret test results for compliance with performance requirements.

• Efficiency Data Points: Data shall be submitted per ASHRAE 155 Method of Testing for

Rating Commercial Space Heating Boiler Systems. This data shall cover steady state thermal efficiency, part load efficiency, and idling energy input rate. Efficiency data not supported by a third party published test standard shall not be permitted.

• Standard Warranty: Boilers shall include manufacturer's standard form in which manufacturer agrees to repair or replace components of boilers that fail in materials or workmanship within specified warranty period

• Boilers must match or slightly exceed output MBH of current boilers in service

• Description: Boiler shall be natural gas fired, fully condensing, and fire tube design. The boiler shall be factory-fabricated, factory-assembled, and factory-tested, fire-tube condensing boiler with heat exchanger sealed pressure tight, built on a steel base;

including insulated jacket; flue-gas vent; combustion-air intake connections; water supply, return, and condensate drain connections; and controls

• Heat Exchanger: The heater exchanger shall bear the ASME “H” stamp for 160 psi working pressure and shall be National Board listed. The heat exchanger shall be constructed of a fully welded 316L stainless steel interior with a carbon steel shell and of fire tube design.

• Condensate Collection Basin: Fully welded 316L stainless steel.

• Intake Filter and Dirty Filter Switch: Boiler shall include an intake air filter with a factory installed air pressure switch. The pressure switch will alert the end user on the screen of the boiler that the intake filter is dirty and needs to be changed.

• Burner: Natural gas, forced draft single burner premix design. Operation of the burner shall not exceed that of 5.7% oxygen level or 40% excess air. The burner shall be high temperature stainless steel with a woven Fecralloy outer covering to provide modulating firing rates. The burner shall be capable of the stated gas train turndown without loss of combustion efficiency. The burner shall be removable from the boiler without removing the gas/air manifold.

• Exhaust flue for the FCB/OCB 1000 – 4000 must be Category IV approved PVC, CPVC, PP or stainless steel sealed vent material from one of the approved manufacturers listed in the Installation and Operation manual. Boilers exhaust vent length must be able to extend up to 150 equivalent feet.

• Exhaust flue for the FCB/OCB 5000 – 6000 must be UL listed, Category IV approved stainless steel sealed vent material from one of the approved manufacturers listed in the

Installation and Operation manual. Boilers exhaust vent length must be able to extend up to 150 equivalent feet.

• Intake piping for all models must be of approved material as listed in the Installation and

Operations manual. Boilers intake pipe length must be able to extend up to 150 equivalent feet.

• Boiler venting and intake piping configuration shall be installed per one of the approved venting methods shown in the Installation and Operation manual.

• Boiler shall come standard with a flue sensor to monitor and display flue gas temperature on factory provided LCD display.

• Boilers using common venting must contact the factory for sizing

• Burner and Hydrostatic Test: Factory adjust burner to eliminate excess oxygen, carbon dioxide, oxides of nitrogen emissions, and carbon monoxide in flue gas and to achieve combustion efficiency; perform hydrostatic test

• Connect hot-water piping to supply and return boiler tappings with shutoff valve and union or flange at each connection.

• Install piping from safety relief valves to nearest floor drain.

• Boiler Venting:

• Install flue venting kit and combustion-air intake. Connect full size to boiler connections.

Comply with requirements in manufacturer literature.

• Perform tests and inspections and prepare test reports.

• Manufacturer's Field Service: Engage a factory-authorized service representative to inspect components, assemblies, and equipment installations, including connections, and to assist in testing.

• Tests and Inspections:

• Perform installation and startup checks according to manufacturer's written instructions.

Complete startup form included with Boiler and return to Manufacturer as described in the instructions.

• Leak Test: Hydrostatic test. Repair leaks and retest until no leaks exist.

• Operational Test: Start units to confirm proper motor rotation and unit operation. Adjust air-fuel ratio and combustion.

• Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment.

• Check and adjust initial operating set points and high- and low-limit safety set points of fuel supply, water level and water temperature.

• Set field-adjustable switches and circuit-breaker trip ranges as indicated.

• Occupancy Adjustments: When requested within 12 months of date of Substantial

Completion, provide on-site assistance in adjusting system to suit actual occupied conditions. Provide up to two visits to Project during other than normal occupancy hours for this purpose.

• Performance Tests:

• Engage a factory-authorized service representative to inspect component assemblies and equipment installations, including connections, and to conduct performance testing.

• Boilers shall comply with performance requirements indicated, as determined by field performance tests. Adjust, modify, or replace equipment to comply.

• Perform field performance tests to determine capacity and efficiency of boilers.

• Repeat tests until results comply with requirements indicated.

• Provide analysis equipment required to determine performance.

• Provide temporary equipment and system modifications necessary to dissipate the heat produced during tests if building systems are not adequate.

• Notify COR in advance of test dates.

• Perform a combustion analysis after installation and adjust gas valve per the Installation and Operations manual and note in startup report.

• Document test results in a report and submit to COR.

• Install CO and combustible gas detectors with audible alarm and BAS reporting on emergency power circuit.

• Install Maxon automatic safety gas shutoff with manual reset on natural gas main entering building with capability to alarm to BAS.

• Replace boiler isolation valves with new Victaulic valves buildings 2,3, and 4.

• Decommission and remove existing boilers buildings 2,3, and 4.

• Install hydraulic separator and complete necessary piping modifications needed buildings 2,3, and 4.

• Demolition of old concrete equipment pads and construction of new concrete equipment pad based on dimensional requirements of new equipment.

• Place new boilers in mechanical rooms. Boilers must be installed in a location allowing for future serviceability in accordance with manufacturer listed minimum install distances or greater.

• Make all necessary water and fuel piping connections to each boiler. Install piping adjacent to boiler to allow service and maintenance. Connect gas piping to boiler gas-train inlet with union. Piping shall be at least full size of equipment connection. Provide a reducer and regulator if required. Gas regulator shall also be installed per IOM.

• Make all necessary electrical load connections to each boiler. Single-Point Field Power

Connection: Factory-installed and factory-wired switches, motor controllers, transformers, and other electrical devices necessary shall provide a single-point field power connection to boiler.

• Make all necessary electrical controls connections to each boiler.

• Install additional safety devices required for hot water boilers in accordance with Boiler

Efficiency Institute Safety Device Testing Manual.

• Make necessary changes and additions to existing JCI Metasys BAS to allow for control and monitoring of boilers and ancillary equipment.

• Complete manufacturer start-up and associated documentation.

• Complete boiler combustion analysis and tune to include documentation.

• Test and adjust all safeties in accordance with Boiler Efficiency Institute Safety Device

Testing Manual and provide associated documentation.

• Work shall conform to all recognized standards of the HVAC, Plumbing/Pipefitting, and

Electrical trades including but not limited to all EPA and OSHA rules and regulations.

• Waste will be disposed of in accordance with all federal, state, and local laws.

• Contractor to provide waste manifests and company certification/training documents.

• Contractor is responsible for all OSHA monitoring of their employees.

• Owner is responsible for moving items from the work area affected.

• Comply with all applicable specifications below.

Additional tasks:

• Contractor must apply for all applicable permits.

• Contractor will provide chemical inventory list and associated Safety Data Sheets for all chemicals used in project.

• All work must be completed in accordance with local, State and Federal regulations.

• Contractor shall provide daily cleanup of work area and trash removal from site.

• Provide all required documentation for mechanical abatement.

• Work shall take place during normal business hours, off tour hours may be authorized with prior request.

• Review and adhere to the Combined Specs

• Contractor shall submit all outage requests at minimum of one week before the requested outage date”

STATEMENT OF WORK PART C – SUPPORTING INFORMATION

• Work at the government site shall not take place on Federal holidays or weekends unless specifically directed by the Contracting Officer in the Contract. All work in areas involved shall be scheduled with the VA Engineering Service representative. Work shall be scheduled for proper execution to completion of contract.

• Type of Contract: One time service contract.

• Contract Award Meeting: The contractor and all on-site staff will attend construction safety orientation Monday or Tuesday morning in the Facilities Management Department and complete the photo identification badge process prior to start of project, if required.

• Security Requirements: Contractor shall identify which employees will be working under the awarded contract. Contractor personnel shall include employees, sub-contractors, subcontractor employees, suppliers and delivery personnel entering the Medical Center.

This does not apply to suppliers and delivery personnel making deliveries to the VA warehouse dock only. Those employees shall bring photo ID to obtain a VA Contractor identification badge that shall be always worn above the belt while on Medical Center property. Contractor's employees shall return all I.D. badges to designated personnel at time designated in the task order.

• General Requirements: Prior to award of a contract, the contracting firm shall furnish to the Government a statement of facts, in detail, as to his previous experience, organization, and facilities available to perform work. A minimum of five years is required. The contracting firm to provide all necessary training/certification documentation.

• Supervision/Communications. At all times during the performance, the Contractor's Superintendent (if applicable) shall be available by cellular phone. Prior to beginning any work, the Contractor shall supply the COR with the telephone number for the Superintendent. The Contractor's "Competent Person" that meets OSHA training guidelines, is capable of making decisions and acting on behalf of the Contractor shall be physically located on site at all times during performance of the contract. If the Contractor's Competent Person is absent from the job site for an extended period of time, the COR may send all Contractor/sub-contractor employees off the job.

• The Contracting Officer's Representative (COR) is responsible for the inspection of the work called for in this job. The Contracting Officer's Representative will be identified in the task order by name, telephone number and location. Inspections made by the COR are for the sole benefit of the Government and do not relieve the Contractor of any quality control responsibilities.

• The Safety Manger is responsible for safety inspections of all contract operations. The Safety Manager will be identified in the task order by name, phone number and location.

• Drawings – General. Contract drawings (if applicable) will indicate the extent and location of work. If any departure from the contract drawings are deemed necessary by the Contractor, the details of such departure and the reasons therefore shall be submitted to the Contracting Officer for approval as soon as practical. No such departure shall be made without proper written permission of the Contracting Officer.

The Contractor is responsible for all information and requirements in drawings and specifications that pertain to the task order.

• Verification of Dimensions – The Contractor shall visit the job site to thoroughly familiarize himself with all the details of the work and working conditions. The Contractor shall also verify all dimensions in the field and shall advise the Contracting Officer of any discrepancy before performing any work. The Contractor shall be specifically responsible for the coordination and proper relation of his work to the building, structure, phasing and ensure the safety of employees and workmen.

• Smoking Policy. The Contractor shall not allow smoking on VA property.

• Parking/Traffic Regulations. The Contractor shall not park on grassy areas unless approved by the COR and the Contractor agrees to restore areas back to VA standards.

Drivers should be particularly concerned with pedestrian traffic. Yield to pedestrians in crosswalks. Posted speed limits and all other traffic controls are to be observed by operators at all times. Seat belt use is mandatory on the VA grounds.

CHANGES TO STATEMENT OF WORK

• Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by VA which has been generated by the contractor in the performance of this task order are the exclusive property of the U.S.

Government and shall be submitted to the Contracting Officer at the conclusion of the task order.

2. The Contracting Officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the Contracting Officer for response.

3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer.

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS1

Contractor will not have access to VA computer system.

RECORDS MANAGEMENT OBLIGATIONS

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

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

The term Federal record:

• includes Lexington VA Health Care System (LVAHCS) records.

• does not include personal materials.

• applies to records created, received, or maintained by Contractors pursuant to their LVAHCS contract.

• may include deliverables and documentation associated with deliverables.

C. Requirements - Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

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

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

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

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

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and LVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

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

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

The LVAHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which LVAHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take LVAHCS-provided records management training.

The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

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

D. Flowdown of requirements to subcontractors - The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 EA _______________

CONTRACTOR FEES

LOCAL STOCK NUMBER: 1

6.00 EA _______________

Boiler Rough in

LOCAL STOCK NUMBER: 2

Boiler Natural Gas Connection

LOCAL STOCK NUMBER: 3

Boiler Propane Connection

LOCAL STOCK NUMBER: 4

3.00 EA _______________

Natural Gas monitor Connected to BAS

LOCAL STOCK NUMBER: 5

3.00 EA _______________

Natural Gas Automatic Shutoff valve

LOCAL STOCK NUMBER: 6

2.00 EA _______________

235216130450 Condensing Boilers, Stainless steel, High Efficiency 97% efficient, 10:1 turndown, 1500 MBH (Building 3)

LOCAL STOCK NUMBER: 10

4.00 EA _______________

235216160050 Condensing Boilers, 500 MBH, 91.2% efficient (Building 2 & Building 4)

LOCAL STOCK NUMBER: 8

Boiler DDC Controls

LOCAL STOCK NUMBER: 13

Hydraulic seperator

LOCAL STOCK NUMBER: 14

UV Flamse sensor

LOCAL STOCK NUMBER: 8

Natural Gas pressure switch

LOCAL STOCK NUMBER: 16

Boiler connections

LOCAL STOCK NUMBER: 12

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

All

All work on site at Lexington

VAMC

1.00 1 yr from award

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 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. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.3 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End…