S02. 36C26324Q0671.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

636-24-2-5058-0038

36C26324Q0671 04-24-2024

Erica Miller 319-688-3703 05-10-2024 5:00pm CDT

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

X 100

X

541380

$19 Million

N/A

X

36C636

Department of Veterans Affairs NWI VA Health Care System 4101 Woolworth Ave Omaha NE 68105

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

X

See CONTINUATION Page

UST/AST Inspections - NWI Contractor to provide all materials, labor, transportation and services in accordance with the statement of work to fulfill the requirement's objectives for UST/AST Tests and tank inspections.

Anticipated Period of performance:

Base Year: 05/15/2024 - 05/14/2025 Option Year 1: 05/15/2025 - 05/14/2026 Option Year 2: 05/15/2026 - 05/14/2027 Option Year 3: 05/15/2027 - 05/14/2028 Option Year 4: 05/15/2028 - 05/14/2029

See CONTINUATION Page 636-3640162-5058-851100-3220-010055592 636-24-2-5058-0038

PO# - TBD

X

X 1

Jesse Sweesy Contracting Officer

36C26324Q0671

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...27

C.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.5 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.7 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

C.8 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND

REMEDIES (NOV 2023) (DEVIATION) (JAN 2024)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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

COMMERCIAL SERVICES (SEP 2023)

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

D.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

D.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

SECTION E - SOLICITATION PROVISIONS

E.1 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

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

E.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN 2024)

E.4 IT CONTRACT SECURITY

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] After Inspection

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

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

AMENDMENT NO DATE

B.2 Statement of Work

1) GENERAL DISCRIPTION:

a) The contractor shall provide all transportation, personnel, materials, labor, and equipment required to conduct functionality tests and tank inspections. The Contractor shall ensure that compliance, leak detection, new installations, upgrades and tank closures, all faucets of fuel storage are completed in accordance with the Nebraska Underground Storage Tank Rules Title 159, Nebraska Above Ground Storage Tanks Rules Title 158, NFPA 30, STI SP001, , EPA, and any other applicable departments and laws such as 40 CFR 280 Technical Standards & Correcting Action Requirements for Owners and Operators of USTs.

The Contractor shall inspect and test in accordance with the manufacturer’s recommendations, prevailing industry standards and local, state, national, and international (where applicable) codes. The Contractor will be responsible to provide an estimate for any repairs that are needed to maintain dependable operation of the equipment.

b) For inspection and testing, the Contractor is responsible for ensuring all current Joint Commission, NFPA and any other applicable standards are met. The standards may change yearly. The Contractor shall keep up to date on all standards and document as needed.

2) PERFORMANCE LOCATIONS:

a) Department of Veterans Affairs Nebraska-Western Iowa Health Care System, Omaha Division Medical Center, 4101 Woolworth Avenue, Omaha, NE 68105

b) Department of Veterans Affairs Nebraska-Western Iowa Health Care System, Grand Island Division Medical Center, 2201 N Broadwell Ave, Grand Island, NE 68803

3) PERFORMANCE PERIOD:

a) BASE YEAR: 05/15/2024 to 05/14/2025

b) OPTION YEAR ONE: 05/15/2025 to 05/14/2026

c) OPTION YEAR TWO: 05/15/2026 to 05/14/2027

d) OPTION YEAR THREE: 05/15/2027 to 05/14/2028

e) OPTION YEAR FOUR: 05/15/2028 to 05/14/2029

4) HOURS OF SERVICES:

a) Normal Operational Hours (i.e. 06:00-17:00)

i) Work shall be performed on weekdays during normal business hours between 06:00 CST to 17:00 CST unless other arrangements have been made with the appropriate representatives.

ii) Normally, work will not be done on federal holidays. A list of federal holidays is at Federal Holidays (opm.gov).

iii) Any work scheduled outside of normal operational hours must be arranged and approved by the Nebraska-Western Iowa VA Health Care System Engineering with at least 24 hours of advanced notice.

5) NEBRSAKA-WESTERN IOWA VA HEALTH CARE SYSTEM CONTACT INFORMATION:

a) Normal Work Hours (i.e. 06:00-17:00):

i) Omaha VA Medical Center contacts:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

(1) Primary – Jeremy Davis 402-995-4137 & 402-926-9533 jeremy.davis6@va.gov

(2) Secondary - Griffin Walsh 402-995-3741 & 531-232-9231 Griffin.Walsh@va.gov

(3) Tertiary – Boiler Plant Office 402-995-4830

ii) Grand Island VA Medical Center Contacts:

(1) Primary - William Sis 308-382-3660 & 918-613-1621 William.Sis@va.gov

(2) Secondary - Josiah Curley 402-995-5545 & 918-581-4171 Josiah.Curley@va.gov

(3) Tertiary - Boiler Plant Operators 308-395-3400

b) After-Hours Work (i.e. outside of 06:00-17:00):

i) Omaha VA Medical Center

(1) Primary - Boiler Plant Operators 402-995-4830

(2) Secondary - AC Plant Operators 402-995-3280

ii) Grand Island VA Medical Center

(1) Primary - Boiler Plant Operators 308-395-3400

6) REQUIRED CERTIFICATION

a) Certification: The contractor shall have a valid contractor’s license and certifications required by the State of Nebraska to perform storage tank inspections such as certifications provided by the American Petroleum Institute or similar accrediting organizations.

b) All testing’s will be performed by a trained and certified technician. Proof of certifications must be provided before working on campus.

7) CONTRACTUAL REQUIREMENTS AND PERFORMANCE CRITERIA:

a) REPORTING

i) The contractor personnel shall report to the VA site representative to sign in and acquire a badge.

ii) The contractor personnel shall report to the VA site representative to sign out and return the badge before departing the VA facility at the end of each week.

iii) The contractor personnel shall wear an identification badge provided by VA when working under the resulting contract on Federal property.

b) INSPECTIONS

i) Upon completion of each, inspection and/or testing the Contractor will provide the

NWI VA with documentation listing all work performed, defects found and corrected, and any corrective action suggestions.

ii) All testing’s will be documented and provided to the COR/POC before leaving the testing site.

iii) Contractors shall report deficiencies that are deemed critical immediately to the

COR/POC

iv) The Contractor shall submit an estimate for resolving any issues. No work is be performed unless a written authorization is provided to the Contractor from a Contracting Officer in the form of a bi-lateral modification.

c) SERVICES:

i) NWI-OMA Above ground Petroleum Storage

Tank Number Capacity

(gallons) Contents Container

Material Tank Location Secondary Containment

Boiler Plant 1 10000 Diesel Fuel Concrete coated

NW of Boiler Plant Polyethylene secondary steel containment layer+ concrete encasement

Boiler Plant 2 10000 Diesel Fuel Concrete coated steel

NW of Boiler Plant

Polyethylene secondary containment layer+ concrete encasement

Boiler Plant 3 10000 Diesel Fuel Concrete coated steel

NW of Boiler Plant

Polyethylene secondary containment layer+ concrete encasement

Boiler Plant 4 10000 Diesel Fuel Concrete coated steel

NW of Boiler Plant

Polyethylene secondary containment layer+ concrete encasement

Boiler Plant Gen 50 Diesel Day Tank Inside Boiler Plant None

5 6000 Diesel Fuel Fiberglass reinforced plastic

South of Building 25 None

Building 25 Gen 125 Diesel Day Tank South of Building 25 None

8 500 Diesel Steel North of Building 15 Yes

9 5,000 Gasoline Steel North of Building 9 None

10 20053 Diesel Steel North of Building 6 Yes

11 268 Diesel Steel East of ACC Yes

12 243 Diesel/Unleaded Steel SE corner of Building 9 Yes

(2 tanks)

ii) NWI-GI Above ground Petroleum Storage

Tank Number Capacity

(gallons) Contents Container

Material Tank Location Secondary Containment

Building 17 1000 Diesel Double-walled

Steel East of Building 17 Yes

Building 18 500 Diesel

Double-walled

Steel

Building 18 Yes

Building 8 (tank 1) 300 Diesel

Double-walled

Steel

SE of Building 8 Yes

Building 8 (tank 2) 300 Unleaded

Gasoline

Double-walled

Steel

SE of Building 8 Yes

Building 18 75 Diesel Day tank Inside Building 18 Yes

Building 17 75 Diesel Day tank Inside Building 17 Yes

iii) NWI-OMA Underground Petroleum Storage:

Tank Number Capacity

(gallons) Contents Container

Material Tank Location Secondary Containment

5 6000 Diesel Fuel Fiberglass reinforced plastic

South of Building 25 None

iv) NWI-GI Underground Petroleum Storage:

Tank Number Capacity

(gallons)

Contents Container Material

Tank Location Secondary Containment

Boiler Plant 1 20000 Diesel Fiberglass

Reinforced West of Boiler Plant None

Plastic

Boiler Plant 2 20000 Diesel

Fiberglass

Reinforced

Plastic

West of Boiler Plant None

8) UST TANK & SUMP INSPECTION:

Types of sumps associated with the UST system may include turbine sumps, dispenser sumps, transitional sumps, and spill bucket.

a) Annually – Every Year – Once a Year Annual is defined as every twelve (12) months, prior 30 days from the month of the last test. For example, within 30 days prior to the month/date of the last test (but not 30 days after). This is a “per device” requirement;

meaning each device must individually meet this time frame.

i) Annual walk-through inspection

(1) Minimum inspection points:

(a) Containment Sumps.

(b) Visually check the containment sump for damage, leaks to the containment area, and releases to the environment.

(c) Remove liquid from the containment sump.

(d) Remove debris.

(e) Ensure the sump lids are tight, seal correctly and not damaged.

(f) Check the sump sensors for proper location in the sump.

(g) Check to ensure the walls of your sump are intact and are not slumping or warping.

(h) Check to ensure no cracks are present around the areas where components, such as wiring conduit and piping, enter your sumps.

(i) Check to ensure no new stains are present since your last inspection.

(j) Check to ensure all areas where electrical wires, conduits and piping enter the sump are sealed. Check for cracked or loose seals around the inner and outer piping walls for tightness.

(k) Check to ensure the test boots are in good condition, not cracked or torn, and positioned correctly in the sump.

(l) Keep the results of these inspections for one year.

ii) Monitoring equipment for the tank interstitial space is tested which includes probes, pressure gauges, vacuum pumps, and handheld equipment.

iii) Piping sump sensor functionality test.

iv) Automatic tank gauge probe functionality test.

v) Automatic tank gauge console functionality test.

vi) Overfill Alarm: Inspect for proper operation

vii) Calibration of release detection equipment.

viii) Perform operability test on release detection equipment.

ix) Fill and Monitoring Ports: Inspect all fill/monitoring ports and other access points to make sure that the covers and caps are secured and tightly sealed

x) Spill Buckets: Ensure spill buckets are clean, in good condition, and empty of liquid and debris. Buckets are in good condition so they will keep the water out when the lid is closed. Ensure that when the lids to your spill buckets are in the closed position, they create a good seal and are secured tightly. Some spill buckets contain a rubber gasket inside the cover; check to ensure the lid is not touching the fill cap.

b) Triennially – Once Every 3 Years – Every 36 months Triennial is defined as every thirty-six (36) months, prior 30 days from the month of the last test. For example, within 30 days prior to the month/date of the last test (but not 30 days after). This is a “per device” requirement; meaning each device must individually meet this time frame.

i) Overfill Equipment Functionality test.

ii) Tank Cathodic Protection Test.

iii) Pipeline Cathodic Protection Test.

iv) Automatic Shutoff Device Test.

v) Ultrasonic Thickness Test and equipment life cycle analysis

vi) Tank tightness test (measurement of product temperature should be maintained during test to ensure no inference with volume) unless alternate method proposed (ie: mass)

vii) Test all containment sumps used for piping for liquid tightness or use a double walled containment sump with annual interstitial monitoring.

viii) Overfill Prevention Equipment Functionality Test- Minimum inspection points.

(1) Must ensure that overfill prevention equipment is set to activate at the correct level specified and will activate when regulated substances reach that level.

(2) There are three types of overfill protection devices:

(a) Automatic shutoff devices (also known as drop tube shutoff devices or “flapper” valves)

(b) Overfill alarms.

(c) Ball-float valves (also known as float-vent valves). Ball-float valves can no longer be used on new tank installations. Repair or replacement of existing ball-float valves is prohibited. A faulty ball-float valve must be replaced by an approved method of overfill prevention.

ix) Spill Bucket Sump Integrity Test – Hydro Testing - Minimum inspection points

(1) Spill Bucket and Sump Integrity Testing

(2) An integrity test must be performed on the spill bucket and any sumps associated with a piping system that uses interstitial monitoring as a method of leak detection such as a turbine sump, UDC sump or transitional sump.

(3) Check the sump to tightness.

(4) If the sump is repaired, it must be retested within 30 days.

x) Nebraska UST rules require two types of release detection on pressurized piping:

(1) A mechanism or method to detect a "large" leak at a rate of 3 gallons per hour;

and

(2) A mechanism or method to detect a "small" leak at a rate of 0.2 gallon per hour monthly or 0.1 gallon per hour yearly.

xi) Overfill Prevention Equipment Functionality Test- Minimum inspection points

(1) Must ensure that overfill prevention equipment is set to activate at the correct level specified and will activate when regulated substances reach that level.

(2) There are three types of overfill protection devices:

(a) Automatic shutoff devices (also known as drop tube shutoff devices or

“flapper” valves);

(b) Overfill alarms; and

(c) Ball-float valves (also known as float-vent valves). Ball-float valves can no longer be used on new tank installations. Repair or replacement of existing ball-float valves is prohibited. A faulty ball-float valve must be replaced by an approved method of overfill prevention.

9) AST TANK & SUMP INSPECTION:

Types of sumps associated with the AST system may include steel/aluminum tanks, Composite overwrapped (metal), Composite overwrapped (fiberglass/aramid), and Composite tanks (carbon fiber w/polymer liner).

a) Annually – Every Year – Once a Year Annual is defined as every twelve (12) months, prior 30 days from the month of the last test. For example, within 30 days prior to the month/date of the last test (but not 30 days after). This is a “per device” requirement;

meaning each device must individually meet this time frame.

i) Annual walk-through inspection

(1) Minimum inspection points:

(a) Check to ensure no cracks or pitting are present around the areas where components, such as wiring conduit and piping exist.

(b) Check to ensure no new stains are present since your last inspection.

(c) Check to ensure all areas where electrical wires, conduits and piping enter the sump are sealed.

(d) Check for cracked or loose seals around the inner and outer piping walls for tightness.

(e) Check to ensure the test boots are in good condition, not cracked or torn, and positioned correctly.

(f) Keep the results of these inspections for one year.

ii) Exterior container integrity testing of ASTs with no secondary containment.

iii) Evaluate foundation and anchor bolts (where required)

iv) Integrity and leak testing of valves and piping associated with containers that have no secondary containment as described in EPA §112.7(c).

v) Monitoring equipment for the tank interstitial space is tested which includes probes, pressure gauges, vacuum pumps, and handheld equipment.

vi) Piping sump sensor functionality test.

vii) Automatic tank gauge probe functionality test.

viii) Automatic tank gauge console functionality test.

ix) Inspect Overfill Alarm for proper operation.

x) Calibration of release detection equipment.

xi) Perform operability test on release detection equipment.

xii) Fill and Monitoring Ports: Inspect all fill/monitoring ports and other access points to make sure that the covers and caps are secured and tightly sealed.

xiii) Visually inspect to assess deterioration and maintenance needs of AST foundations and supports.

xiv) Visually inspect all aboveground valves and piping associated with transfer operations for the general condition of flange joints, valve glands and bodies, drip pans, pipe supports, pumping well polish rod stuffing boxes, bleeder and gauge valves, and other such items.

b) Triennially – Once Every 3 Years – Every 36 months Triennial is defined as every thirty-six (36) months, prior 30 days from the month of the last test. For example, within 30 days prior to the month/date of the last test (but not 30 days after). This is a “per device” requirement; meaning each device must individually meet this time frame.

i) Overfill Equipment Functionality test.

ii) Tank Cathodic Protection Test.

iii) Pipeline Cathodic Protection Test.

iv) Automatic Shutoff Device Test.

v) Ultrasonic Thickness Test and equipment life cycle analysis

vi) Test all containment sumps used for piping for liquid tightness or use a double walled containment sump with annual interstitial monitoring.

vii) Overfill Prevention Equipment Functionality Test- Minimum inspection points.

(1) Must ensure that overfill prevention equipment is set to activate at the correct level specified and will activate when regulated substances reach that level.

(2) There are three types of overfill protection devices:

(a) Automatic shutoff devices (also known as drop tube shutoff devices or

“flapper” valves)

(b) Overfill alarms.

(c) Ball-float valves (also known as float-vent valves). Ball-float valves can no longer be used on new tank installations. Repair or replacement of existing ball-float valves is prohibited. A faulty ball-float valve must be replaced by an approved method of overfill prevention.

viii) Overfill Prevention Equipment Functionality Test- Minimum inspection points

(1) Must ensure that overfill prevention equipment is set to activate at the correct level specified and will activate when regulated substances reach that level.

(2) There are three types of overfill protection devices:

(a) Automatic shutoff devices (also known as drop tube shutoff devices or “flapper” valves);

(b) Overfill alarms; and

(c) Ball-float valves (also known as float-vent valves). Ball-float valves can no longer be used on new tank installations. Repair or replacement of existing ball-float valves is prohibited. A faulty ball-float valve must be replaced by an approved method of overfill prevention.

10) REPAIR WORK:

a) The Contractor shall submit an estimate for resolving any issues. No work is be performed unless a written authorization is provided to the Contractor from a Contracting Officer in the form of a bi-lateral modification.

b) Once it has been determined and agreed upon both by the VA and the contractor that the additional services needed to affect repairs are not included in this contractual performance work statement, monetary funds will need to be requested and approve by means of a PO if total repair expenses are less than $2500.00 or through means of a contract modification if total repair expenses are greater than $2500.00. The COR does not have the authority to approve the work outside of the SOW and any work performed by the contractor in good faith outside of the SOW. Any work performed by the contractor without the approval of the contracting officer or an approved purchase through a credit card PO will be completed or resolved at the expense of the contractor and not the VA.

11) HOURS OF WORK:

a) Routine Work: Routine work connected with this contract shall be performed between the times of 06:00 and 17:00 local time defined as normal working hours unless explicitly stated in the SOW.

b) Emergency Work: Emergency work is defined as work performed after normal working hours. As specified earlier, the contractor shall be required in some instances to work other than normal working hours. Approval of the COR shall be obtained prior to starting work during other than normal working hours to ensure services are needed after hours and are included in this SOW.

12) CONTACT INFORMATION:

a) The contractor shall provide to the contracting officer and the COR specific mobile number(s), email address (es) and/or SMS texting number(s) which can always be used to alert the contractor, including weeknights, weekends, and holidays. In addition, the Government shall provide the contractor the names of the agency personnel authorized to initiate medical gas and vacuum system service calls, contracting officer, contract monitor, alternate contract monitor. Both parties entering the contractual agreements will include three points of contact as a double redundancy for communication and information relaying.

13) REPORTING AND DOCUMENTATION:

a) The contractor will be responsible for providing documentation of incremental work completed to the primary and secondary points of contact listed prior. Documentation should be submitted to the VA representatives when maintenance of any kind is performed, inspections of equipment is completed, inventory of materials is certified, or emergency repair work is finished. The documents (in the form of electronic documents, preferably PDFs) should regularly be emailed to the VA representatives at least one week after inspection to include maintenance provided, whether or not the unit passed, and any other deficiencies with the equipment to include cost line items and weekly so that a comprehensive schedule of the contractor’s work is retained for records as required by government records agencies.

14) GENERAL REQUIREMENTS

a) The contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property.

b) The contractor shall comply with OSHA and NFPA safety standards, and VA security requirements as applicable.

c) The VA Health Care System and its property is entirely smoke-free.

d) Contractor and their personnel shall always wear visible identification while they on the premises.

e) It is the responsibility of the Contractor to park in the appropriate designated parking areas.

f) No storage space for tools or testing equipment will be provided to the contractor

g) The work area shall be returned to an acceptable appearance after any work is completed. All disposals of materials are to be off-site.

h) Possession of weapons is prohibited.

i) Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

15) GRAY MARKET PREVENTION LANGUAGE

a) Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a services contract for maintenance of medical equipment for VA Health Care Systems. No remanufactures or gray market items will be acceptable.

b) The Contractor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed medical supplies, medical equipment, and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

c) The delivery of gray market items to the VA in the fulfillment of an order/award/contract constitutes a breach of contract. Accordingly, VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at VA’s election, allowing the Contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA Health Care System upon discovery of such items.

16) NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RECORDS

MANAGEMENT LANGUAGE FOR CONTRACTS

a) Citations to pertinent laws, codes, and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

b) Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c) Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

d) 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 by the Freedom of Information Act.

e) Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f) The Government Agency owns the rights to all data/records produced as part of this contract.

g) The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h) Contractor agrees to comply with federal and agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [email, fax, etc.] or state of completion [draft, final, etc.]. 36C26321P0052

i) No disposition of documents will be allowed without the prior written consent of the contracting officer. The agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Willful and unlawful destruction, damage or alienation of federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the agency or destroyed without regard to the provisions of the agency records schedules.

ii) 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 this contract. The contractor (and any sub-contractor) is required to abide by government and agency guidance for protecting sensitive and proprietary information.

17) NARA Records Management Language for Contracts (May 2017):

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs.

21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

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

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

4. [VA Nebraska-Western Iowa Health Care System] 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 [VA Nebraska-Western Iowa Health Care System] 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 [VA Nebraska-Western Iowa Health Care System]. The agency must report promptly to NARA in accordance with 36

CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [VA Nebraska-Western Iowa Health Care System] control or the Contractor must hold it until otherwise directed.

Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [VA Nebraska-Western Iowa Health Care System] policy.

8. The Contractor shall not create or maintain any records containing any non-public [VA Nebraska-Western Iowa Health Care System] information that are not specifically tied to or authorized by the contract.

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

10. The [VA Nebraska-Western Iowa Health Care System] 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 [VA Nebraska-Western Iowa Health Care System] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-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.]

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Inspections for Underground and above ground storage tanks per VA directive 1810 for the Omaha and Grand Island locations.

Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 541620 - Environmental Consulting Services PRODUCT/SERVICE CODE: H399 - Inspection - Miscellaneous

1810 for the Omaha and Grand Island locations.

Contract Period: Option 1 POP Begin: 05-01-2025 POP End: 04-30-2026

1810 for the Omaha and Grand Island locations.

Contract Period: Option 2 POP Begin: 05-01-2026 POP End: 04-30-2027

1810 for the Omaha and Grand Island locations.

Contract Period: Option 3 POP Begin: 05-01-2027 POP End: 04-30-2028

1810 for the Omaha and Grand Island locations.

Contract Period: Option 4 POP Begin: 05-01-2028 POP End: 04-30-2029

GRAND TOTAL __________________

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.