S02 SF1449 RFQ 36C26220Q1101.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. 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 67

691-20-3-5042-0665

36C26220Q1101 07-13-2020

NICHOLS, CECIL S. (562) 766-2267 08-11-2020

10AM

36C262

DEPARTMENT OF VETERANS AFFAIRS

Network Contracting Office (NCO) 22

4811 Airport Plaza Drive, Suite 600

Long Beach CA 90815

X 100

X

Y

541350

$8 Million

N/A

X

36C691

VA GREATER LOS ANGELES HEALTHCARE SYSTEM

11301 Wilshire Blvd

Los Angeles CA 90073-1003

36C262

Network Contracting Office (NCO) 22

4811 Airport Plaza Drive, Suite 600

Long Beach CA 90815

Financial Services Center

P.O. Box 149971

Austin TX 78714-9971

1-877-353-9791

See CONTINUATION Page

SERVICE to PERFORM ASTs & Transformers PMI for SPCC Plan

Compliance, VA Greater Los Angeles Healthcare System

SOLICITATION IS 100% Small Business set-aside

JOB WALK / RFI SUSPENSE - SEE SOLICITATION

This is a Request for Quote (RFQ)

ALL quotes are due NLT 10:00AM Pacific on 8/11/2020

Quotes shall be submitted (PDF files only) via email to:

CECIL NICHOLS, Contracting Officer at cecil.nichols@va.gov

This is Firm-Fixed-Price solicitation; submit pricing on

B.6 Price/Cost Schedule.

Requirement is for a Base + up to Four (4) Option Years.

PERFORMANCE PERIODS (estimated):

BASE YEAR - 9/1/2020 to 8/31/2021

Option Year One (OY1) - 9/1/2021 to 8/31/2022

Option Year Two (OY2) - 9/1/2022 to 8/31/2023

Option Year Three (OY3) - 9/1/2023 to 8/31/2024

Option Year Four (OY4) - 9/1/2024 to 8/31/2025

Wage Determination Rates SCA WD 2015-5614 revision 16 apply

See CONTINUATION Page

X X

X 1

KIM, PETER

mailto:cecil.nichols@va.gov

36C26220Q1101

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 52.237-1 SITE VISIT (APR 1984)

B.2 NOTIFICATION TO OFFERORS

B.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

B.4 CONTRACT ADMINISTRATION DATA

B.5 Final STATEMENT OF WORK (SOW)

B.6 PRICE/COST SCHEDULE

ITEM INFORMATION

B.7 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

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

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...33

C.5 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

C.6 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (MAR 2020)

C.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)

C.8 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

C.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.10 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.11 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.13 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

C.14 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION RATES SCA 2015-5614 REVISION 16

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

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

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

An organized site visit has been scheduled for –

Tuesday, July 21, 2020 at 10:30AM Pacific local

Interested Participants will meet at –

VA Greater Los Angeles Healthcare System located at 11301 Wilshire Blvd, Los

Angeles, CA 90073. Meet at the Building 218, Room 321 which is on the northside of

Wilshire and west of intersection Bonsall & Eisenhower. Park in parking lot west of old chapel.

Request for Information (RFI) suspense –

Deadline for Request for Information (RFI) Submission is Thursday, July 23, 2020 NLT

10:00AM Pacific local time. Telephone inquiries will not be accepted.

Request for Quote (RFQ) suspense –

Tuesday, August 11, 2020 NLT 10:00AM Pacific local via email to cecil.nichols@va.gov

(End of Provision)

B.2 NOTIFICATION TO OFFERORS

The following provisions are incorporated into 52.212-1 as an addendum:

1. GENERAL INSTRUCTIONS FOR QUOTE SUBMISSIONS

a. Period of Acceptance of Offers. The Offeror agrees to hold prices in its offer firm for a period of thirty (30) calendar days from the date specified for the receipt of offers.

b. Submitting your quote: Quotes are due Tuesday, August 11, 2020 NLT 10:00AM Pacific local time. Submit your company’s quote by responding to this RFQ via email only to Cecil S. Nichols, contracting officer at cecil.nichols@va.gov. All quotes/attachments in response to this RFQ shall be in

Adobe PDF or Microsoft Office Word Format. It is the offeror’s responsibility to confirm that all required documents are included and received by the solicitation due / suspense date.

c. Inquiry or questions: Submit by Thursday, July 23, 2020 NLT 10:00AM Pacific local time.

Telephone inquiries will not be accepted.

mailto:cecil.nichols@va.gov

2. REQUIREMENTS FOR SUBMITTAL: The following sub-sections are the requirements to be submitted by the offeror.

a. Offeror must provide a cover sheet to include the following:

b. Solicitation No. 36C26220Q1101.

c. Company’s name, address, point-of-contact, phone number, email address.

d. DUNS number.

e. Page 1 - SF1449, block 30(a), 30(b) and 30(c).

f. Page 3 - Section B.1(1)(a) Contract Administration Data and paragraph 5 Acknowledgement of

Amendments – SF 30(s), if any, blocks 15A, 15B and 15C completed.

g. Offerors shall complete and submit the Price Schedule in section B.

h. To assist the Contracting Officer in making the determination of responsibility, offerors are asked to provide the following documents with their quotes:

1) Contractor’s License issued by a U.S. State or Territory in accordance with the current provisions of the State or Territorial Business and Professions Code.

(End of Clause)

B.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) Basis of Award. This procurement is being conducted pursuant to FAR Part 13 procedures. Award will be made to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. Offeror quotes will be evaluated in the following manner. Lowest-priced and special standards of responsibility are the only factors that will be used to evaluate offers (see FAR Provision 52.212-2). The lowest-priced offeror will be evaluated to determine if the quoted price exceeds the amount of funding available for the procurement. If the offered price does not exceed the amount of funding available for the procurement, the quoted price will be evaluated to determine if it is reasonable. If the offered price and special standards of responsibility are found to be reasonable, the offeror who submitted this quote will be identified as the “successful offeror.”

The Contracting Officer will then determine if the successful offeror is responsible using the general standards of responsibility applicable to this procurement. If contract award cannot be made to the successful offeror, the Contracting Officer will evaluate the next lowest-priced offeror following the procedures described above. This process will continue until a contract award can be made or the Contracting Officer determines that no contract award can be made.

The Contracting Officer may find all offeror quotes not acceptable and cancel the solicitation if the lowest-priced offeror exceeds the amount of funding available for the procurement. The Contracting Officer may likewise find an offeror under evaluation, as well as all remaining offerors, not acceptable and cancel the solicitation if the offered quote currently under evaluation exceeds the amount of funding available for the procurement. The Government intends to evaluate offerors and award a contract without discussions. However, the Government reserves the right to conduct discussions at any time if determined by the Contracting Officer to be in the Government’s best interest. In addition to the General Standards of Responsibility found in FAR 9.104-1 and in accordance with FAR 9.104-2, the following Special Standard of Responsibility applies to this procurement. Offerors who fail to meet the Special Standards of Responsibility will not be eligible to receive contract award.

(2) Special Standards of Responsibility. The following special standards of responsibility apply to this procurement:

SP1: Contractor’s License issued by a U.S. State or Territory in accordance with the current provisions of the State or Territorial Business and Professions Code. Submit with offer.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

B.4 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262

Network Contracting Office (NCO) 22

4811 Airport Plaza Drive, Suite 600

Long Beach CA 90815

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] MONTHLY WITH APPROVED INVOICE

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

Requests.

DEPARTMENT OF VETERANS AFFAIRS

Financial Services Center

P.O. Box 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

B.5 Final STATEMENT OF WORK (SOW)

SERVICE TO PERFORM MONTHLY & QUARTERLY INSPECTIONS OF

ABOVEGROUND STORAGE TANKS & TRANSFORMERS FOR SPILL

PREVENTION, CONTROL & COUNTERMEASURE PLAN COMPLIANCE

VA GREATER LOS ANGELES HEALTHCARE SYSTEM

691-20-3-5042-0665

1. TITLE:

SERVICE to PERFORM Monthly & Quarterly Inspections of Aboveground Storage Tanks

(ASTs) & Transformers for Spill Prevention, Control & Countermeasure (SPCC) Plan

Compliance.

2. BACKGROUND:

The Environmental Protection Agency (EPA) mandates visual inspections of aboveground storage tanks (ASTs) including transformers for leaks as part of the Spill Prevention, Control

& Countermeasure (SPCC) Plan program compliance.

Owners and operators are required to monitor and inspect their AST tanks and instrumentation systems monthly and confirm all components are in good operating condition and make repairs to equipment when leakage is found as well as responding to related spills.

This contract covers the following:

• Monthly and quarterly inspections of ASTs and transformers.

• Conducting Steel Tank Institute ST01 inspections of designated ASTs every 5-years and 20-years for structural integrity for tanks 2000 gallons or larger.

3. PLACES OF PERFORMANCE:

VA West Los Angeles Healthcare System (WLA)

11301 Wilshire Blvd

Los Angeles, CA 90073

VA Sepulveda Ambulatory Care Center (SACC)

16111 Plummer Street

Los Angeles, CA 91343

VA Los Angeles Ambulatory Care Center (LAACC)

351 East Temple Street

Los Angeles, CA 90012

4. PERIOD OF PERFORMANCE:

This is a base plus options contract. Contract period shall be for one (1) base year plus up to four (4) one (1) year option year(s) with the Government having sole right to exercise option(s).

5. CONTRACT TYPE:

It is the intent of the Government to enter into a single award firm-fixed-price (FFP) contract.

6. APPLICABLE DOCUMENTS, STANDARDS, LAWS AND/OR REGULATIONS:

The following are a list of various applicable standards, policies, regulations, and/or governing bodies. Contractor is responsible to adhere to all current additions of applicable standards, policies, regulations, and/or governing bodies.

6.1 Title 40 Chapter 1, Subchapter D, Part 112

6.2 Clean Water Act 33 U.S.C. §1251 et seq. (1972)

6.3 California Aboveground Petroleum Storage Act (ASPA)

6.4 California Code of Regulations, Title 27, Division 1, Subdivision 4

6.5 California EPA / State Water Resources Control Board

6.6 All other applicable local, State, and Federal laws / regulations

6.7 Steel Tank Institute SP001 Standard for The Inspection of Aboveground Storage

Tanks, 6th Edition

6.8 VA Greater Los Angeles Healthcare System SPCC Plans – see Appendix G for

Inspection Checklists, Forms & Records

7. LIST OF TANKS AND TRANSFORMERS (please see attached spreadsheet of all equipment):

7.1 VA West Los Angeles (WLA) – total of 86 equipment items to be inspected.

7.2 VA Sepulveda ACC (SACC) – total of 29 equipment items to be inspected.

7.3 VA Los Angeles ACC (LAACC) – total of 2 equipment items to be inspected.

8. OBJECTIVES / SCOPE:

This is an inclusive contract; contractor shall provide all manner, means, methods, equipment, expertise, incidentals, labor, materials, supervision, supplies, transportation, and qualified personnel required for the visual inspection of Government owned ASTs, USTs, and transformers for the VA Greater Los Angeles Healthcare System (VAGLAHCS) included in the SPCC plan. All listed equipment contains oil products that are 55 gallons or greater. Contractor shall provide the following for the ASTs and transformers designated for visual inspection services.

8.1 Visually check bulk storage containers and tanks, oil-filled equipment – piping valves, and other components that could be a source or a cause for an oil release.

8.2 Detect signs of deterioration, discharges, or accumulation of oil from bulk containers, tanks, and oil-filled equipment, piping, valves, tank pads and inside diked areas.

8.3 Retain all inspection records for at least 4 years. Records must be signed and dated by inspector.

8.4 Contractor will make the AST and Transformer inspector or qualified delegate https://www.waterboards.ca.gov/ust/regulatory/ available in the event of outside regulatory inspection or internal VA audit. These inspections are infrequent and may or may not occur one (1) or more times per year for up to 8-hours (minimum) or 16-hours (maximum).

9. MONTHLY VISUAL INSPECTIONS OF AST, UST, AND TRANSFORMERS

REQUIRED BY SPCC PLAN:

9.1 A tank integrity program has been established for the aboveground storage tanks at the Facility. The contractor (i.e. tank inspector or environmental technician) conducts and documents a monthly inspection of all oil storage tanks. All shop-built containers with 30,000 gallons or less, that are elevated so that all sides are visible, will be visually inspected on a monthly basis. The testing program is based on the U.S. EPA letter, dated September 30, 2002, to the Petroleum Marketers association of America

(PMAA).

9.2 Monthly visual inspection above ground tanks and transformers designated in SPCC

Plan for leaks and report condition to COR.

9.2.1 All Contractor inspection forms shall be a two-part white first page sheet with a yellow carbon paper copy for visual inspections or AST and transformers,

9.2.2 The original white copy of these forms will be filled out with blue ink will be retained by the contractor, the carbon contractor by the Veterans

Administration. Contractor will retain contractor’s copies of monthly inspections for 3 years after submission of inspection sheets to the government

9.2.3 All inspection paperwork shall be completed the day of the inspection and organized in binder. Upon the completion of filling out the inspection records, the contractor will send a short e-mail of no more than 2 paragraphs to the COR summarizing the finding of visual inspections of ASTs and

Transformers noting any exceptions from prior inspections within seven (7) days.

9.3 Contractor shall document and provide a monthly summary report of the condition of each tank that visual inspections performed. The checklists found in attachment D.3 and attachment D.4 should be used for the monthly inspections.

9.4 Contractor will supply and install uniform printed sequential numerical labeling on all tanks under the SPCC inspection program two labels on each tank for each GLA facility. The labeling with be 2” numbers in green laminated label with adhesive backing equivalent to McMaster Carr Part number 8770T3. Contractor will replace labels as needed during the duration of contract.

9.5 In addition to the monthly inspections of individual containers and tanks, the contractor conducts and documents a quarterly inspection of the oil storage and handling areas at the Facility. The quarterly inspection addresses the condition of containment areas, associated piping and verification of emergency response equipment and security measures.

9.6 STI Tank Integrity Inspections will be conducted in accordance with STI Standards-

001 by an authorized STI01 inspector.

10. ADDITIONAL REQUIREMENTS:

10.1 IMPORTANT REQUIREMENT: During the base year of the contract, Contractor shall conduct ST01 tank inspection and have a California registered professional engineer review and certify the ST101 inspections.

10.1.1 For tanks with less than five (5) years in service, a baseline exterior inspection must be performed. NOTE: See attachment D.2 for list of equipment requiring this baseline inspection.

10.1.2 For tanks with 20 years or more of service, a baseline interior and exterior inspection must be performed. NOTE: See attachment D.2 for list of equipment requiring this baseline inspection.

10.2 Contractor shall provide two (2) annual training classes for the WLA and SACC sites;

and one (1) annual training class for the LAACC site per contract period per campus for VA employees involved with transfer of oil-based products to aboveground storage tanks covered under SPCC plan. A training syllabus must be submitted to the COR for review and approval prior to scheduling and giving the training. At time of training, Contractor will include training handouts and sign-in sheet(s) of all VA staff given training into site records binder the day of the training. At a minimum, training shall include the following:

a) Overview of SPCC regulations.

b) Site specific SPCC Plan Review – of current VA SPCC plan.

c) Proper procedures for petroleum storage, transfer, containment, and equipment.

d) Actions to implement in event of Spill or release Emergency response protocols including basic spill response training.

e) Safety procedures.

10.3 Contractor will maintain two (2) copies of inspection records; one (1) at the facility where the inspection is conducted, and another back-up copy at the Contractor’s office.

The onsite inspection records will not leave the site.

10.4 Contractor shall notify and coordinate monthly AST and Transformer inspections date and time with COR. The inspection dates will be set 7 days in advance of inspection date to allow the VA to provide government escort. Any change in inspection date must be agreed to by the COR.

10.5 Contractor shall notify the COR of any ST01 tank inspections 7 days in advance. The final ST01 inspection report will be delivered no later than 21 calendar days after such inspection is done.

10.6 Contractor will make the AST and Transformer inspector or qualified delegate available in the event of outside regulatory inspection or internal VA audit.

10.7 For any communications with local or state regulatory agencies, Contractor shall provide the COR with a short email report summarizing contact with outside regulators such as Fire Department, Certified Unified Program Agency (CUPA), etc. within 5 calendar days.

10.8 Contractor will maintain spill response supply containers for tanks with government supplied spill kits.

file://///r01lonhsm02.r01.med.va.gov/homedir$/VHALONNICHOC/1-Desktop%20Files/FY20/SVCS/691-20-3-5042-0665%20%5b691C%5d_ASTs-XFMRs%20PMI%20for%20SPCC%20Compliance,%20VALA_B+4OY/P01%20SOW%20AST-XFMR%20Inspections%20for%20SPCC%20with%20comments%20revised.docx%23_D.2_–_LIST file://///r01lonhsm02.r01.med.va.gov/homedir$/VHALONNICHOC/1-Desktop%20Files/FY20/SVCS/691-20-3-5042-0665%20%5b691C%5d_ASTs-XFMRs%20PMI%20for%20SPCC%20Compliance,%20VALA_B+4OY/P01%20SOW%20AST-XFMR%20Inspections%20for%20SPCC%20with%20comments%20revised.docx%23_D.2_–_LIST

11. CONTRACTOR QUALIFICATIONS & OTHER RESPONSIBILITIES:

11.1 Contractor shall obtain all necessary licenses required to perform this work.

Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees’ fault or negligence.

Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government.

11.2 Furthermore, contractor and contractor’s employees performing on this contract shall have qualification, experience, licenses, and certifications:

11.2.1 Contractor and/or contractor’s employee(s) shall have completed at a minimum 24-hour Hazardous Waste Operations (HAZWOPER) with a current

8-hour annual HAZWOPER refresher card. Certification Training described in 1910.120(p)(8)(iii)(B). Contractor shall provide current training certificates on the assigned equipment for their personnel prior to award of contract.

11.3 The Government reserves the right to accept or reject Contractor’s employee(s) for the rendering of services. Complaints concerning contract personnel’s performance or conduct will be dealt with by the Contractor and COR with the final decision being made by the Contracting Officer.

12. SAFETY REQUIREMENTS:

12.1 All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering on VAGLAHS shall comply with applicable

Federal, State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract.

12.2 Contractor shall perform work in strict accordance with existing relevant, accredited standards and codes to minimize the possibility of injury to personnel, or damage to

Government equipment. Every effort shall be made to safeguard human life and property.

12.3 Contractor shall abide OSHA’s standard for confined spaces (29 CFR 1910.146) which contains the requirements for the practices and procedures to protect employees in general industry from the hazards of entering permit spaces.

12.4 Confined Spaces: A confined space is a space large enough and so configured that an employee can bodily enter and perform assigned work. In addition, it has limited or restricted means for an entry and is not designed for continuous employee occupancy.

Pits, excavations, tanks, vaults, boilers, storage bins, compartments, silos, vats, tubs, ducts, pipelines, sewers are typical confined spaces. Entry into a confined space and confined space testing are the contractor responsibility. Contractor will advise government representative prior to a confined space entry work.

12.5 Contractor shall present a work plan and Health and Safety Plan must be submitted and approved prior to any work. Shall be in compliance with California Code of

Regulations, Title 8- Industrial Relations Division 1. Subchapter 7, group 16. Control of Hazardous Substances Article 108 on Confined spaces.

13. CHECK IN / OUT PROCEDURES & REPORT REQUIREMENTS:

13.1 All inspections will be completed from 8:00 AM – 3:30 PM, the Contractor shall report upon arrival and departure to the Safety Department and sign in before proceeding to the job site and sign out as well. This check in is mandatory.

13.1.1 For West Los Angeles Medical Center – the contractor will physically report in at Bldg. 218, Room 310.

13.1.2 For the Sepulveda Ambulatory Care Clinic – the contractor will physically report to Bldg. 1, Room 36 or the facility manager’s office. If contractor is unable to find a designated VA employee, contractor is to contact COR.

13.1.3 For the Los Ambulatory Care Clinic – the contractor will physically report to facilities department. If contractor is unable to find a designated VA employee, contractor is to contact COR.

13.2 Contractor shall submit in writing, a summary report of inspection to the COR. As a minimum, this report shall contain a detailed description of any service performed and any recommendations necessary to meet regulations. A complete report shall be submitted to the COR by email within 7 business / working days. This report will summarize all inspections performed and any exceptions in inspection condition since last report.

14. NOTIFICATION:

Contractor shall notify and coordinate ALL work activities with the VA Contracting Officer

Representative (COR) – ROBERT DALLEY (310) 268-3031 / (310) 709-8338.

15. PERFORMANCE MONITORING:

Routine inspections to include acceptance will be performed by VA Personnel (Engineering /

Safety) and the designated COR.

16. CHANGES:

The awarded Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery.

In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract terms or price to cover any increase in costs incurred as a result thereof.

17. SECURITY REQUIREMENTS:

N/A. Contractor shall NOT have access to patient records, data, or VA computer systems.

18. GOVERNMENT FURNISHED EQUIPMENT (GFE) / GOVERNMENT FURNISHED

INFORMATION (GFI):

N/A. NO GFE or GFI will be provided or used by the Contractor.

19. RISK CONTROL:

Submission of VA “Infection Control Risk Assessment” (ICRA) permit(s) NOT

REQUIRED.

20. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

A. Contractor personnel shall ALWAYS wear visible identification issued by VA Police during the entire time they are on the VA Healthcare System campus / grounds. I.D.

badges must have an identification picture and shall state the name of the individual and the company represented.

B. Parking information is available from the VA Police & Security Service Office. It is the responsibility of Contractor personnel to park only in appropriately designated parking areas. The VA shall not validate, invalidate, or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.

C. SMOKING IS STRICTLY PROHIBITED on the grounds of any VHA facility and throughout the VA Healthcare System campuses. Per VHA Directive 1085 dated March

5, 2019, it is VHA policy that all VHA health care facilities, including hospitals, community clinics, administrative offices and Vet Centers, will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019.

THERE WILL NO LONGER BE DESIGNATED SMOKING AREAS.

D. Possession of weapons is prohibited while on ANY VA Healthcare System campus / grounds. Enclosed containers, including tool kits, shall be subject to search and/or seizure.

E. Violations of VA regulations may result in citation answerable in the United States

Federal District Court, not at/in the local district, municipal, county or state court.

21. POINTS OF CONTACT:

GOVERNMENT VA COR:

Name: ROBERT DALLEY

Department: Occupational Safety and Health

Address: 11301 Wilshire Blvd, Los Angeles CA 90073

Bldg. 218, Room 310

Phone: (310) 268-3031 / (310) 709-8338

Fax: (310) 268-4831

Email: robert.dalley@va.gov

22. NORMAL WORKING HOURS:

Normal working hours of the VA Greater Los Angeles Healthcare System are 7:30AM through 4:30PM Monday through Friday, with exceptions to National Federal Holidays and/or as coordinated with the COR – ROBERT DALLEY.

mailto:robert.dalley@va.gov

23. OVERTIME AND NATIONAL FEDERAL HOLIDAYS:

Any overtime, holiday, or weekend pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government. When one of the holidays fall on a Sunday, the following Monday will be observed as a National Federal Holiday. When one of the holidays fall on a

Saturday, the preceding Friday will be observed as a National Federal Holiday.

National Holiday Schedule:

New Year’s Day January 1

Martin Luther King ‘s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

24. INFORMATION SECURITY:

In accordance with Appendix A, Handbook 6500.6 Checklist blocks 7, the C&A requirements DO NOT apply to this requirement, and a Security Accreditation Package is not required. The nature of this requirement is technical; however, there is no information to be protected.

25. INVOICE AND PAYMENT:

Payment to the Contractor will be made in arrears on a monthly basis for services performed upon submission of a proper invoice for work completed and accepted. Final payment will be withheld until all noted discrepancies are corrected and as-build drawings are approved by the Government (VA). VA-FSC processes / pays all associated transactions for / on VA orders. To successfully submit an invoice to VA-FSC please review “How to Create an

Invoice” within the how to guides. All invoices submitted to the VA-FSC should mirror your current submission of invoice, with the below items required. The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements.

22.1 Your firm’s Taxpayer ID Number (TIN)

22.2 Your firm’s “Remit Address” information

22.3 The VA Purchase Order (PO) number

22.4 Your firm’s contact information: (Personal Name, Email, and Phone)

22.5 Your VA point of contact information: (Personal Name, Email, and Phone)

22.6 The Period of Performance dates (Beginning and Ending)

22.7 All discount information if applicable (Percent and Date Terms)

For additional information, please contact:

Department of Veteran Affairs Financial Service Center

Phone: 1-877-353-9791

Email: vafsccshd@va.gov

- - - END STATEMENT OF WORK - - -

mailto:vafsccshd@va.gov

B.6 PRICE/COST SCHEDULE

ITEM INFORMATION

BASE YEAR (estimated): 9/1/2020 – 8/31/2021

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO ____________ ____________

PERFORM MONTHLY & QUARTERLY PREVENTIVE

MAINTENANCE INSPECTIONS (PMI) OF ABOVEGROUND

STORAGE TANKS (ASTs) AND TRANSFORMERS FOR SPILL

PREVENTION, CONTROL, AND COUNTERMEASURE (SPCC)

PLAN COMPLIANCE FOR VA WEST LOS ANGELES, VA

SEPULVEDA AMBULATORY CARE CENTER, AND VA LOS

ANGELES AMBULATORY CARE CENTER PER SOW.

GRAND

TOTAL

OPTION YEAR ONE OY1 (estimated): 9/1/2021 – 8/31/2022

ITEM

NUMBER

DESCRIPTION OF

MAINTENANCE INSPECTIONS (PMI) OF ABOVEGROUND

STORAGE TANKS (ASTs) AND TRANSFORMERS FOR SPILL

PREVENTION, CONTROL, AND COUNTERMEASURE (SPCC)

PLAN COMPLIANCE FOR VA WEST LOS ANGELES, VA

OPTION YEAR TWO OY2 (estimated): 9/1/2022 – 8/31/2023

ITEM

NUMBER

DESCRIPTION OF

MAINTENANCE INSPECTIONS (PMI) OF ABOVEGROUND

STORAGE TANKS (ASTs) AND TRANSFORMERS FOR SPILL

PREVENTION, CONTROL, AND COUNTERMEASURE (SPCC)

PLAN COMPLIANCE FOR VA WEST LOS ANGELES, VA

OPTION YEAR THREE OY3 (estimated): 9/1/2023 – 8/31/2024

ITEM

NUMBER

DESCRIPTION OF

MAINTENANCE INSPECTIONS (PMI) OF ABOVEGROUND

STORAGE TANKS (ASTs) AND TRANSFORMERS FOR SPILL

PREVENTION, CONTROL, AND COUNTERMEASURE (SPCC)

PLAN COMPLIANCE FOR VA WEST LOS ANGELES, VA

OPTION YEAR FOUR OY4 (estimated): 9/1/2024 – 8/31/2025

ITEM

NUMBER

DESCRIPTION OF

MAINTENANCE INSPECTIONS (PMI) OF ABOVEGROUND

STORAGE TANKS (ASTs) AND TRANSFORMERS FOR SPILL

PREVENTION, CONTROL, AND COUNTERMEASURE (SPCC)

PLAN COMPLIANCE FOR VA WEST LOS ANGELES, VA

B.7 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

12.00

1001 12.00

2001 12.00

3001 12.00

4001 12.00

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…