S02 - RFQ 36C25820Q0382.docx

36C25820Q0382

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25820Q0382 09-1 -2020 Eric Carroll (602)795-4524 09- 1-2020

1:00PM

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014 X X 238290 $16.5 Million N/A X Department of Veterans Affairs Phoenix VA Healthcare System 777 E. Missouri, Suite 300 Phoenix AZ 85014 Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

See CONTINUATION Page This requirement is a service agreement to perform boiler inspection services on high-pressure steam boilers and a total of 8 hot water condensing boilers located in three (3) different buildings. The Phoenix VA Healthcare System requires continuous use of these boilers, for without these boilers, the facilities emergency operations and sterilization of surgical equipment could not be performed.

Annual inspections on these high-pressure boilers are required to ensure functionality and mitigate safety issues.

All inspections are required to be completed by a manufacture trained service representative.

This RFQ is 100% set-aside for Service-Disable Veteran Owned Small Businesses.

See CONTINUATION Page James J. Moran Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C258

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014

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

3. INVOICES: Invoices shall be submitted in arrears:

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

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

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

Page 1 of

B.2 STATEMENT OF WORK

Annual Inspections on High Pressure Boilers and Condensing Boilers

Introduction, Purpose, and Background:

The Phoenix VA Healthcare System requires a contractor to perform annual boiler inspection services on high-pressure steam boilers and a total of 8 hot water condensing boilers located in three (3) different buildings. The Phoenix VA Healthcare System requires continuous use of these boilers, without these boilers, the facilities emergency operations and sterilization of surgical equipment could not be performed. Annual inspections on these high-pressure boilers are required to ensure functionality and mitigate safety issues.

All inspections are required to be completed by a manufacturer trained service representative. The contractor may need to coordinate with the COR access to these building complete the inspections to prevent any interruptions in patient care. The contractor shall provide an annual inspection schedule and submit it to the COR within 10 days after receipt of award.

Contracted maintenance has been done in the past on an individual piece of equipment, annual and routine maintenance records are available for the condensing boilers since their install, and the high-pressure boilers for the past 7 years.

The VA uses the Boiler Safety Device Testing Manual, 5th Edition, Boiler Efficiency Institute (BEI) as the VA’s standard. The document can be reviewed in Section D CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS.

Equipment:

Scope of Work / Technical Requirements: 200 hp Nebraska High Pressure Steam Boiler (Building 2) The contractor shall provide all travel, tools, labor, personnel, parts, miscellaneous supplies and services to perform annual boiler inspections. The contractor shall complete all services on one boiler before removing the next boiler from operation. The contractor shall complete the services as per VA Direction 1810 (See attachment A-VA Directive 1810). One boiler will be operational at all times. Contractor to ensure all services are completed in accordance with the manufacturer’s recommendations and VA Directives.

For any repair required outside the scope of the contract, the contractor will provide the Contracting Officer’s Representative and the Contracting Officer, a quote. If services are within the CORs government purchase card (GPC) limit, the COR will authorize payment. For repairs over the COR’s GPC threshold, only the Contracting Officer is authorized to approve. A contract modification will be issued prior to any work being performed.

The government reserves the right to add and remove equipment to the contract to meet the needs of the medical center.

· High pressure boilers (15 psig or greater): Inspect furnace and other internal surfaces, closures and accessories (yearly)

· High pressure boilers (15 psig or greater): Inspect exterior of Unit, casing, supports, closures, accessories, valves, controls (yearly)

· Deaerator: Inspection and wet magnetic particle testing of welds of pressure vessel interior, mud drum, steam drum, and condensate tank for boilers 1 and 3 (6 month/yearly)

· All Boilers for fouling and combustion gas flow check (yearly)

· Tube leak check on all boiler types (yearly)

· Deaerator Interior cleaning and visual inspection (yearly)

· Gauge calibration for all pressure and temperature gauges associated with boiler plant operations (yearly)

Scope of Work /Technical Requirements: 400 hp Clever Brooks High Pressure Steam Boiler (Building 2)

· High pressure boilers (15 psig or greater): Inspect furnace and other internal surfaces, closures and accessories (yearly)

· High pressure boilers (15 psig or greater): Inspect exterior of Unit, casing, supports, closures, accessories, valves, controls (yearly)

· Deaerator: Inspection and wet magnetic particle testing of welds of pressure vessel interior (6 month/yearly)

· All Boilers for fouling and combustion gas flow check (yearly)

· Tube leak check on all boiler types (yearly)

· Deaerator Interior cleaning and visual inspection (yearly)

· Deaerator tank level alarms and overflow testing (6 months)

· Deaerator steam pressure/ temperature control and Safety testing (6 months)

· Condensate tank cleaning and visual inspection (yearly)

· Condensate storage tank level alarms and overflow testing (6 months)

· Economizers safety Valve testing (6 months)

· CO and combustible gas detection and alarm system testing (6 months)

· Test plant and boiler emergency stop buttons and gas valves (yearly)

· Adjust burner combustion settings and calibrate oxygen trim (6 months)

· Check vibration of burner fans (6 months)

· Calibrate instrumentation, monitoring, and control systems (6 months)

· Calibrate pressure gages and thermometers (yearly)

· Clean waterside of boilers (yearly)

· Clean fireside and repair refractory (yearly)

· Review written procedures (yearly)

· High-steam pressure cut-out (recycle) (6 months)

· Steam safety valves lift test (6 months)

· Steam safety valves (accumulation test at high fire) (yearly)

· Check gas vent valve for leaks (6 months)

· High-gas fuel pressure cut-off (6 months)

· Low-gas fuel pressure cut-off (6 months)

· Gas fuel safety shut off valves proof of closure (6 months)

· Leak test gas fuel safety shut off valves (6 months)

· High-fuel oil temperature cut-off (heated fuel) (6 months)

· Low-fuel oil temperature cut-off (heated fuel) (6 months)

· Low-atomizing pressure for fuel oil (6 months)

· High-fuel oil pressure cut-off (6 months)

· Fuel oil safety shut off valves proof of closure (6 months)

· Leak test fuel oil safety shut off valves (6 months)

· Check operation of Liquid Petroleum Gas pilot (6 months)

· Low-pilot gas pressure cut-out (6 months)

· Forced draft fan motor interlock (6 months)

· Forced draft fan damper wide open for purge (6 months)

· Boiler outlet damper wide open for purge (6 months)

· Purge air flow interlock (6 months)

· Timing for pre-purge (6 months)

· Timing for post-purge (6 months)

· Igniter timing (6 months)

· Low fire position interlock (6 months)

· Combustion air interlock (6 months)

· Main flame out; i.e., time to close valves (6 months)

· Ignition flame out; i.e., time to close valves (6 months)

· Minimum igniter flame test (6 months)

· Scanner not sensing ignition spark (6 months)

· Low-oxygen alarm and/or cut-out (6 months)

· Pre-purge setting of flue gas recirculation damper (6 months)

· Interlock of building outside air damper with burner controls (6 months)

· Burner control (6 months)

· Check furnace pressure (6 months)

· Check combustion gas leaks into boiler room (6 months)

Scope of Work / Technical Requirements: Knight low pressure condensing boilers (Building 29)

· Open fireside and waterside on (2) Knight Boilers.

· Washout any loose debris from the waterside.

· Brush out any loose debris from the fireside.

· Close both waterside and firesides of the boiler with new gaskets.

· Fill the boilers and test fire.

· During the firing of the boiler, technician will check combustion and adjust as necessary.

Scope of Work / Technical Requirements: Laars low pressure condensing boilers (Building 31)

· Open fireside and waterside on (2) Laars Boilers.

· Washout any loose debris from the waterside.

· Brush out any loose debris from the fireside.

· Close both waterside and fireside of the boiler with new gaskets.

· Fill both boilers and test fire units.

· During the firing of the boiler, technician will check combustion and adjust as necessary.

Scope of Work/Technical Requirements: AERCOS Benchmark low pressure condensing boilers (Building 2)

· Complete the annual maintenance on (4) AERCOS Benchmark Boilers

· Brush tubes and wash out loose debris

Special and Technical Requirements:

· Contractor is responsible to supply all labor.

· Contractor shall supply all parts and materials to complete the project.

· Contractor is responsible for all subcontractors required to complete the project.

· Contractor shall coordinate with the Operations Supervisor or the Work Leader for the Boiler Plant to schedule time when work can be completed.

· Contractor shall supply all tools and equipment required to perform the stated work.

· Contractor shall comply with all OSHA and VA safety guidelines to include required PPE and lockout/tagout procedures.

· Any parts not previously approved must go through the Contracting Office and Operation Supervisor.

Deliverables Filed Service Reports shall be provided for all inspection service activities and shall contain the following information:

A. Date(s) and time period of inspection service.

B. Complete description of equipment inspected/serviced including model number and serial number.

C. Complete description of inspected equipment services including needed upgrades and/or updates.

D. Complete list of all materials, parts, or assemblies used to conduct inspection services.

E. Total standard labor hours, total overtime/premium hours, and total travel hours expended during the inspection.

Security:

A. In reference to VHA Handbook 6500.6 Appendix A, Block 6, the service included in this contract does not involve connection of IT devices to a VA network. Therefore, C&A, SAP, & the following from App C do not apply.

B. In reference to VHA Handbook 6500.6 Appendix A, Block 7, service does not involve storing, generating, transmitting, or exchanging VA sensitive information.

C. During contract performance, contractor will require physical access to VA facility equipment to provide services, install, train, maintain, or repair equipment.

D. VA Course No. VA10203 is privacy training required for VA contractors requiring access to VA facilities for more than 2 consecutive days. Training will be completed prior to being granted access to facilities or equipment. Training is available on VA TMS website at: https://www.tms.va.gov. Contractor will provide evidence of training to the COR, if requested.

E. The Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship in support of this contract.

F. Upon arrival at the facility, all contractor personnel shall check-in with a valid Driver License or Company ID to the Facilities department. Prior to conducting services, the contractor shall be issued a visitor’s badge which shall be worn above the waist during the contractor’s visit.

G. The contractor shall return to the same location to sign out and turn-in issued visitors badge along with the documented service report for the service performed.

H. Signing in/out shall be during normal business hours: Monday – Friday 7:00 am to 4:00 pm local time, excluding Holidays.

I. No photography of VA premises is allowed without written permission of the Contracting Officer.

Risk Control:

The Contractor shall be escorted by the Agency. The Contractor shall need passes from the on-station Police Department.

Performance Monitoring:

The Agency shall oversee work done by the contractor and accept the quality of work as appropriate.

Removal of Equipment:

The Agency’s property may not be removed from the Agency prior to execution, and approval of all documents as required by Acquisition and Material Management Service.

Place of Performance:

Delivery of services shall be coordinated through the Facilities Department located at:

Phoenix VA Health Care System 650 E. Indian School Rd.

Phoenix, AZ 85012

Hours of Coverage:

A. Normal hours of coverage are Monday through Friday from 7:00 am to 4:00 pm local time. All service/repairs shall be performed during normal hours of coverage unless requested or approved by the SME in coordination with the COR.

B. Work performed outside the normal hours of coverage shall be approved by the Contracting Officer. Funding for services that are outside the normal coverage hours or on holidays shall have approved modification prior to any service being allowed.

NOTE: All hardware/software modifications, upgrades, updates, enhancements, installations etc., for the enclosed inventory listing shall be scheduled and performed during normal hours of coverage at no additional charge to the government.

C. Federal Holidays observed are located at the following link:

https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/

Identification, Parking, Smoking, and VA Regulations:

The Contractor's FSEs shall wear visible identification issued by PVAHCS Police Section at all times while on the premises of PVAHCS. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. PVAHCS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at PVAHCS. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

200 hp Nebraska High Pressure Steam Boiler (Bldg. 2) Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021

400 hp Clever Brooks High Pressure Steam Boiler (Bldg. 2)

Knight low pressure condensing boilers (Bldg.29)

Laars low pressure condensing boilers (Bldg. 31)

AERCOS Benchmark low pressure condensing boilers (Bldg. 2)

200 hp Nebraska High Pressure Steam Boiler (Bldg. 2) Contract Period: Option 1 POP Begin: 10-01-2021 POP End: 09-30-2022

400 hp Clever Brooks High Pressure Steam Boiler (Bldg. 2)

Knight low pressure condensing boilers (Bldg.29)

Laars low pressure condensing boilers (Bldg. 31)

AERCOS Benchmark low pressure condensing boilers (Bldg. 2)

200 hp Nebraska High Pressure Steam Boiler (Bldg. 2) Contract Period: Option 2 POP Begin: 10-01-2022 POP End: 09-30-2023

400 hp Clever Brooks High Pressure Steam Boiler (Bldg. 2)

Knight low pressure condensing boilers (Bldg.29)

Laars low pressure condensing boilers (Bldg. 31)

AERCOS Benchmark low pressure condensing boilers (Bldg. 2)

200 hp Nebraska High Pressure Steam Boiler (Bldg. 2) Contract Period: Option 3 POP Begin: 10-01-2023 POP End: 09-30-2024

400 hp Clever Brooks High Pressure Steam Boiler (Bldg. 2)

Knight low pressure condensing boilers (Bldg.29)

Laars low pressure condensing boilers (Bldg. 31)

AERCOS Benchmark low pressure condensing boilers (Bldg. 2)

200 hp Nebraska High Pressure Steam Boiler (Bldg. 2) Contract Period: Option 4 POP Begin: 10-01-2024 POP End: 09-30-2025

400 hp Clever Brooks High Pressure Steam Boiler (Bldg. 2)

Knight low pressure condensing boilers (Bldg.29)

Laars low pressure condensing boilers (Bldg. 31)

AERCOS Benchmark low pressure condensing boilers (Bldg. 2)

B.4 DELIVERY SCHEDULE

1.00

1.00

2.00

2.00

4.00

1.00

1.00

2.00

2.00

4.00

1.00

1.00

2.00

2.00

4.00

1.00

1.00

2.00

2.00

4.00

1.00

1.00

2.00

2.00

4.00

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

ADDENDUM: Evaluation of options under FAR 52.217- 8 will be accomplished by using the prices offered for the last option period to determine the price for a 6- month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s); IAW FAR 17.206 Evaluation.

Exercise of this option will be accomplished by using the pricing offered for the prior period of performance which shall determine the pricing for the additional 6-months if exercised.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause) C.5 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (MAR 2020)

(a) Definition. "Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or for service-disabled veteran-owned small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns;

(3) Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to service-disabled veteran-owned small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) General.

(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.

(d) Limitations on subcontracting. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other service-disabled veteran-owned small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other service-disabled veteran-owned small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other service-disabled veteran-owned small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other service-disabled veteran-owned small business concerns.

(e) A service-disabled veteran-owned small business concern shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (b)(1) and (2) of this clause— [Contracting Officer check as appropriate.] X By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

(f) A joint venture may be considered a service-disabled veteran owned small business concern if—

(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and

(3) The joint venture meets the requirements of 13 CFR 121.103(h).

(4) The joint venture meets the requirements of 13 CFR 125.15(b) (End of Clause)

C.6 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.7 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause) C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[X] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR…