36C10D25Q0160_1.docx

36C10D25Q0160

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

VA

F36B436-25-0000014

08-15-2025 Dirk Kelley Dirk.Kelley@va.gov 08-29-2025

3:00 PM

EDT

00101 Department of Veterans Affairs Veterans Benefits Administration (VBA) OMS - Acquisition Directorate 1800 G Street NW Washington DC 20006

X

561210 $47 Million

N/A

00436 Department of Veterans Affairs Veterans Benefits Administration (VBA) Fort Harrison VA Regional Office 3633 Veterans Drive, Building 167 Fort Harrison, MT 59636 00101 Department of Veterans Affairs Veterans Benefits Administration (VBA) OMS - Acquisition Directorate

For invoice instructions, refer to Section A.3 of this RFQ Solicitation below.

This Request for Quotation (RFQ) solicitation is on behalf of the Fort Harrison, Montana, Veterans Affairs Regional

Office (VARO) that includes semi-annual Uninterruptible Power Supply (UPS) Battery Maintenance services. Refer to the Statement of Work for further information. This requirement is a total set-aside for Service-Disabled

Veteran-Owned Small Businesses (SDVOSBs).

Only Quotations from SDVOSB concerns that are certified in the Small Business Administration (SBA) Small Business

Search (SBS) database shall be considered for award.

Quotations received from entities not certified as a SDVOSB by SBA shall be rejected as non-compliant. To be considered for award, any prospective vendors must complete Veterans

Affairs Acquisition Regulation (VAAR) clause 852.219-75 at the time of quotation submission. All questions regarding this RFQ solicitation shall only be submitted via e-mail to Dirk.Kelley@va.gov no later than August 20, 2025 by 3:00 pm

EST. Quotations shall be submitted no later than August 29, 2025 by 3:00 pm EST via e-mail only to Dirk.Kelley@va.gov.

See CONTINUATION Page

Dirk Kelley

VA-VBA-2024-0003

Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT:

Contracting Officer 36C10D Dirk Kelley - Dirk.Kelley@va.gov Department of Veterans Affairs Veterans Benefits Administration (VBA) OMS - Acquisition Directorate

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:

a. Quarterly [ ]

b. Semi-Annually [X] After acceptance of services by VA.

c. Other [ ]

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

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

A.3 INVOICE INSTRUCTIONS

Payment provided under the terms of this Purchase Order will be made upon delivery, acceptance, and installation of all deliverables submitted and approved by the Department of Veterans Affairs (VA).

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include the Order Number on all Invoices.

All invoices shall be submitted using the same line item format in the Purchase Order.

Vendor Electronic Invoice Submission Methods:

Fax, e-mail, and/or scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

1. VA Electronic Invoice Presentment and Payment System. The Financial Services Center (FSC) in Austin, Texas uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please visit the following website http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is as follows: http://www.x12.org.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or e-mail address listed below to begin submitting electronic invoices to the VA FSC in Austin, Texas for payment processing.

· Tungsten e-Invoice Setup: 1-877-489-6135

· Tungsten e-Invoice E-Mail: VA.Registration@tungsten-network.com

· VA Tungsten Number: AAA544240062

Should any questions arise about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, then please contact the VA FSC at the phone number or email address listed below.

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-Invoice E-mail: vafsccshd@va.gov

· FSC Internet: http://www.fsc.va.gov/einvoice.asp Page 1 of Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

2.00

EA

Semi-Annual UPS Battery Maintenance in accordance with the Statement of Work.

Contract Period: Base

PRINCIPAL NAICS CODE: 561210 -

Facilities Support Services

PRODUCT/SERVICE CODE: DC01 -

IT and Telecom - Data Center Support Services (Labor)

Contract Period: Option 1

PRINCIPAL NAICS CODE: 561210 -

Facilities Support Services

PRODUCT/SERVICE CODE: DC01 -

Contract Period: Option 2

PRINCIPAL NAICS CODE: 561210 -

Facilities Support Services

PRODUCT/SERVICE CODE: DC01 -

Contract Period: Option 3

PRINCIPAL NAICS CODE: 561210 -

Facilities Support Services

PRODUCT/SERVICE CODE: DC01 -

Contract Period: Option 4

PRINCIPAL NAICS CODE: 561210 -

Facilities Support Services

PRODUCT/SERVICE CODE: DC01 -

GRAND TOTAL

B.2 DELIVERY SCHEDULE

SHIP ALL TO:

Veterans Benefits Administration (VBA)

Fort Harrison VA Regional Office

3633 Veterans Drive

Fort Harrison, MT 59636

USA

2.00

B.3 STATEMENT OF WORK

STATEMENT OF WORK

UPS Battery Maintenance Fort Harrison, Montana, VA Regional Office

1. Background

An Uninterruptible Power Supply (UPS) is essential for the Fort Harrison, Montana, Veterans Affairs Regional Office (VARO) to complete its mission. UPS systems are necessary to accommodate the needs of the advanced digital computing, communications, and business process controls of the VARO that require power protection, which can be relied upon in the absence of primary electrical service. The power solutions currently at the Fort Harrison VARO must ensure uninterrupted power and preventative maintenance of these UPS battery systems that is paramount for keeping critical equipment running during power outages, surges, sags, or brownouts.

The existing UPS system and battery cabinet at the Fort Harrison VARO is located in the Computer Server Room, more specifically Room 133, that is currently comprised of the following equipment for necessary maintenance:

UP203AA-E303U-2

05-ET6WQ1-05

BC39-175-030B

99017831

HRL 12200W FR

The existing UPS system and battery cabinet have been serviced semi-annually with the last inspection occurring on August 12, 2025.

2. Scope

The Contractor shall provide all labor, materials, tools, parts, supplies, equipment, software, hardware, freight, transportation, services, and supervision to effectively and efficiently fulfill all the requirements of this Statement of Work. The scope of services includes routine and preventative maintenance to the existing UPS battery system specified in this Statement of Work.

The Contractor shall replace any damaged or worn components of the UPS or Battery Cabinet with parts that meet the manufacturer’s specifications. The cost of major repair parts required to maintain the UPS battery system with the manufacturer’s specifications is the responsibility of the Fort Harrison VARO so long as the component failure is not the result of deficient maintenance.

Any new or additional UPS battery system components repaired and/or installed during the period of performance will also be maintained under this Purchase Order. The Contractor shall coordinate with the VA facility point of contact for any new or additional system component implementation to ensure that any project-related warranty and contractual service on new hardware remains in force.

3. General Requirements

The Contractor shall be responsible for performing all routine maintenance and repair work required to sustain the UPS battery system in the condition prescribed by the original equipment manufacturer’s recommended guidelines and/or warranty requirements where the warranty remains active. Services shall include all components of the UPS together with the battery bank. The Contractor shall work closely with the VA facility point of contact and the Fort Harrison VARO, Support Services Division (SSD), to address various trouble calls.

3.1 Non-Personal Services

The Government shall neither supervise employees of the Contractor or subcontractor forces nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, employees of the Contractor or subcontractor forces. The Contractor shall be responsible for managing all employees of the Contractor and subcontractor forces as well as to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, then the Contractor shall notify the Contracting Officer immediately.

3.2 Business Relations

The Contractor shall successfully integrate and coordinate all activities needed to execute the requirement along with the resultant Purchase Order. The Contractor shall manage the timeliness, completeness, and quality of problem identification. The Contractor shall provide corrective action plans, timely identification of issues, and effective management of subcontractors. The Contractor shall ensure customer satisfaction together with professional and ethical behavior of all contractor personnel.

3.3 Contract Management

The Contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned under this Purchase Order. The Contractor must maintain continuity with the support operations at the Fort Harrison VARO through SSD.

3.4 Contract Administration

The Contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The Contractor shall respond to requests by the Government for contractual actions within two (2) business days through written correspondence. The Contractor shall have a single point of contact, identified as key personnel, assigned to support this Purchase Order. The Contractor shall assign work effort as well as maintain proper and accurate time keeping records of personnel assigned to work on the requirement.

3.5 Personnel Administration

The Contractor shall provide personnel with initial and refresher training, as required, to meet the requirements in this Statement of Work. The Contractor will have a thorough knowledge of the full functionality with the current UPS battery systems. The Contractor will be familiar with the current UPS battery system components, installation, operation, repair, functionality, and market availability.

3.6 Subcontract Management

The Contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement. The Contractor shall also be responsible and accountable for subcontractor performance on this requirement. At all times during performance of this Contract as well as until the work is completed and accepted, the Contractor shall directly superintend the work.

The Contractor will manage work distribution to ensure there are no Organizational Conflict of Interest considerations. Contractors may add subcontractors to the team after written notification to the Contracting Officer and VA facility point of contact.

3.7 Period of Performance

This requirement shall consist of a one (1) year base period with four (4) option periods of one (1) year each. The period of performance for this Purchase Order shall be twelve (12) months from the date of award with four (4) twelve-month option periods.

3.8 Location and Hours of Work

All work will be performed at the Fort Harrison VARO with an address of 3633 Veterans Drive, Fort Harrison, Montana 59636 between the hours of 8:00 am and no later than 4:00 pm, Mountain Standard Time (MST), Monday through Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings.

Current Federal Holidays with the respective day of observation can be located at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/. When a holiday falls on a Sunday, the following Monday will usually be observed as the legal holiday by the Federal Government. When a holiday falls on a Saturday, the preceding Friday will usually be observed as the legal holiday by the Federal Government.

Any work that would cause disruption in routine business operations must be performed after hours and must be approved, in writing, by the VA facility point of contact.

4. Performance Requirements

The following section specifies the performance objectives and performance elements for this Purchase Order.

4.1 Scheduled Maintenance

The Contractor shall perform semi-annual scheduled maintenance on the UPS battery system in the Computer Server Room, more specifically Room 133, at the Fort Harrison VARO. The Contractor shall perform services on the UPS battery system per the manufacturer’s operations and maintenance (O&M) specifications.

During these scheduled maintenances, the Contractor shall identify and correct any deficiencies for the UPS battery system. The UPS system must have the capability, at any time that electrical service is lost, to allow Information Technology (IT) technicians sufficient time in powering down the server per the Office of Information Technology (OIT) operating procedures.

4.2 Installation and Diagnostic Tools

The Contractor shall utilize any diagnostic equipment while at the job site, which will enable repairs and corrections to any UPS battery system components for the original performance standards as outlined in the manufacturer’s O&M guidelines. The Contractor will possess sufficient tools along with diagnostic equipment that are appropriate for inspecting, calibrating, and servicing the UPS system per the manufacturer’s O&M specifications to address all errors or inadequacies.

4.3 Battery Testing

The Contractor shall ensure all thirty (30) CSB Energy batteries are functioning properly per the manufacturer’s specifications.

The Contractor shall perform the following maintenance services, at a minimum, on a semi-annual basis: Check power capacitors, vent caps, voltage readings, current meter readings, harmonic trap filter currents, breakers, fuses, connections, wiring, contacts, and cables.

The Contractor shall perform the following maintenance services, at a minimum, on an annual basis: Check and record phase-to-phase input voltage, currents, low voltage power supply levels, heat discoloration, inverter snubbers, and rectifier snubbers for signs of damage.

4.4 UPS System

The Contractor shall ensure that the existing Mitsubishi 2033A Series UPS is functioning properly per the manufacturer’s technical specifications.

The Contractor shall perform the following maintenance services, at a minimum, on a semi-annual basis:

(a) Clean cabinets and filter.

(b) Conduct infrared scan to verify tightness of circuit breakers, panel board(s) branch circuits, high voltage junction box terminals, low voltage junction box terminals, transformer, terminal block, and ground/neutral bus bar connections.

(c) Confirm continuity of fuses, grounding electrode conductor (all isolated grounds), automatic restart, auto retransfer, and function.

(d) Establish status of emergency power off (EPO) lamps.

(e) Complete maintenance bypass on unit.

(f) Inspect and test unit with batteries as well as the battery cabinet.

The Contractor shall ensure an acceptable quality level upon a trip of the automatic transfer switch (ATS) that no disruption to computer power service, allowing sufficient time in conducting a formal server shutdown before any loss of data.

4.5 Battery Cabinet

The Contractor shall ensure that the pre-packaged power conditioning (PPC) is 75-125 kilovolt-ampere (kVA) in accordance with the manufacturer’s technical manual. The battery cabinet currently contains thirty (30) CSB Energy batteries. The Contractor shall also ensure all thirty (30) CSB Energy batteries are functioning properly, per the manufacturer’s specifications, within the battery cabinet.

The Contractor shall perform the following maintenance services, at a minimum, on a semi-annual basis: Inspect visually for cleanliness, leakage, corrosion, gas/vapor leaks, voltage levels, charging current, ohmic readings, and float voltage of cells.

4.6 Reports

Following each UPS system maintenance service visit, the Contractor shall provide a written report to the Contracting Officer and VA facility point of contact within five (5) business days. The written report, at a minimum, must include (a) details and results of that UPS system maintenance service visit, (b) discrepancies found during that UPS system maintenance service visit, (c) recommendations specifically towards future remedial action, and (d) upgrades necessary to maintain peak operable conditions. Any unsafe conditions encountered during a UPS system maintenance service visit shall be reported immediately to the VA facility point of contact or designee, which advises these found condition(s).

4.7 UPS Battery Components

The following comprises of the UPS Battery Components for the existing Mitsubishi 2033A Series.

(a) Installation Date: March 1, 2005.

(b) Distribution: Hard Wired.

(c) Percentage Loaded: Thirty-Four Percent (34%).

(d) Number of Battery Strings: One (1).

(e) Number of Batteries Per String: Thirty (30).

4.8 Spare Parts Inventory

The Contractor shall maintain a spare parts inventory sufficient for specified maintenance and repair requirements to keep the UPS battery system components continuously operating.

All parts required for repairs and services shall be available within twenty-four (24) hours.

4.9 Unscheduled Maintenance

The Contractor shall provide emergency unscheduled maintenance service visits not to exceed two (2) occurrences per contractual year at no additional cost for the Government. The Contractor shall respond to Government calls for emergency and unscheduled preventative maintenance service visits throughout the period of performance. These emergency maintenance service visits must be initiated by the Contractor within four (4) hours of the Government service call, twenty-four (24) hours a day, seven (7) days a week, unless otherwise specified by the VA facility point of contact. Inoperable UPS battery system components shall be repaired or replaced by the Contractor within twenty-four (24) hours.

The Contractor shall submit a report to the VA facility point of contact within forty-eight (48) hours of the emergency or unscheduled maintenance service visit. The report shall include, at a minimum, the location where services were provided, a description of services provided, and a length of time that the Contractor was onsite to perform services.

If the Contractor determines that repairs or maintenance are required to restore the equipment functionality, then the Contractor shall provide the VA facility point of contact with a separate Quotation. The Quotation must state, at a minimum, the following information: the location of needed repairs, a description of proposed repairs or maintenance services, an itemized cost estimate identifying material (including manufacturer part numbers) and labor costs for performing repairs or maintenance, and the estimated duration for the repairs or maintenance to be completed.

Emergency unscheduled maintenance service visits exceeding two (2) occurrences per contractual year must receive approval, in writing, from the Contracting Officer. Unscheduled corrective maintenance or repairs will require approval by the Contracting Officer and VA facility point of contact prior to the Contractor proceeding with the corrective maintenance or repairs.

5. Special Requirements

This section describes the special requirements for this effort. The following subsections provide details of various considerations on this effort.

5.1 Security

During normal business hours designated as 8:00 am to 4:00 pm MST, the Contractor is required to enter and exit the Fort Harrison VARO through the front entrance. Entering or exiting the building through any other door will require VARO approval and an escort will be required. VARO approval must be in writing from the VA facility point of contact. Upon entering the building, the Contractor, employees of the Contractor, any subcontractors, or other personnel associated with the Contractor will be required to show proof of identity, by means of valid photo identification, as well as pass through a security screening. Based upon the sensitivity and personal information processed at the VARO, applicable individuals with the Contractor, employees of the Contractor, any subcontractors, or other personnel associated with the Contractor for this project will be escorted by the VA facility point of contact while testing/inspecting the UPS system in Room 133.

5.2 Safety

(a) Equipment. The Contractor shall provide all safety equipment, devices, material data safety sheets (MSDS), and personal protective equipment (PPE), as required, for employees and subcontractor forces. Copies of all MSDS shall be provided to the VA facility point of contact.

(b) Occupational Safety and Health Administration (OSHA). The Contractor shall ensure that an OSHA designated "competent person” will maintain a presence at the work site during all times. The Contractor and the on-site Supervisor will have completed no less than thirty (30) hours of OSHA approved safety training. All other employees of the Contractor will have no less than ten (10) hours of OSHA approved safety training. The Contractor shall submit the requisite OSHA training certificates to the Contracting Officer and the VA facility point of contact within ten (10) calendar days of award.

(c) Compliance. The Contractor shall comply with all applicable Federal, State, and local requirements regarding workers’ health and safety. Said requirements include, but are not limited to, those found in Federal OSHA as well as State OSHA statutes and regulations, such as applicable provisions of Title 29 in the Code of Federal Regulations (C.F.R.), Parts 1910 and 1926. The Contractor is solely responsible in determining the legal requirements applicable to any activities that shall ensure safe and healthy working conditions for all employees of the Contractor and subcontractor forces.

5.3 Government Furnished Materials

(a) Operator Care. The Government, more particularly the Fort Harrison VARO, will be responsible for operator care of the UPS battery system components, which entails using the UPS battery system in accordance with the manufacturer’s guidelines.

(b) Parking. During maintenance calls, the Government shall provide parking space availability, at no cost, and access to the VARO loading dock, as necessary.

5.4 Environmental Requirements

This section describes the potential environment-related components for this requirement. The following subsections provide details of various considerations on this effort.

(a) Non-Hazardous Waste Disposal.

The Contractor shall provide all removal and legal disposal of materials. The Contractor shall ensure that facilities used for recycling, reuse, and disposal shall be permitted as the intended use to the extent required by local, state, and federal regulations. The Contractor shall maintain a clean work environment. The Contractor shall also dispose of recyclables, trash, and packing materials from both facilities after each UPS battery maintenance service visit. No recyclables, trash, or packing materials shall be disposed of or discarded in facility-provided recycling containers, trash containers, or dumpsters.

All surrounding surfaces will be kept free of dust and debris. If the VA facility point of contact renders the area unacceptable for cleanliness, then the Contractor shall reclean the area, at own expense, until deemed acceptable by the VA facility point of contact. The Contractor will also comply with all OSHA, Environmental Protection Agency (EPA), Department of Transportation (DOT), state, local, and all other applicable regulations governing the proper handling and disposal of waste and debris.

(b) Hazardous Waste Disposal.

The Contractor shall provide a waste manifesto for all hazardous waste disposals. The Contractor shall comply with all Federal, State, and local environmental laws pertaining to disposal of UPS batteries, most notably 40 C.F.R. Part 273 titled Standards for Universal Waste Management.

In order to provide for control of all environmentally hazardous materials, the Contractor shall comply with all applicable environmentally hazardous material control as well as all applicable provisions of the Corps of Engineers Manual Number 385-1-1. Effective as of March 15, 2024, said Manual can be found as follows: https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015March2024.pdf

For any hazardous materials or hazardous waste removal, the Contractor shall also comply with all OSHA regulations, most notably the safety and health regulations in 29 C.F.R. Part 1926 as well as 29 C.F.R. Subpart C, Section 1926.20.

(c) Montana Law.

Montana Code Annotated 2019, Title 75 - Environmental Protection, Chapter 10 titled Waste and Litter Control, addresses the unlawful disposal of hazardous waste. Nickel-cadmium batteries, small-sealed lead acid rechargeable batteries, or products containing such rechargeable batteries constitute hazardous waste. These batteries cannot be disposed in the trash, landfills, or incinerator. This prohibition applies to every resident as well as every business, institutional, governmental, industrial, commercial, communications, or medical facility in the state. These batteries must be recycled or sent to an appropriate facility permitted for disposal.

5.5 Applicable Directives

In addition to the preceding laws and regulations previously referenced, the Contractor shall also comply with all directives listed below for performance of this Purchase Order:

(a) VA Handbook 6500.6, Appendix D, Contractor Rules of Behavior, that can be located at http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=471&FType=2.

(b) National Fire Protection Association (NFPA) 70, 2023, titled the National Electrical Code.

(c) NFPA 70B, 2023, titled the Standard for Electrical Equipment Maintenance.

(d) NFPA 70E, 2023, titled Standard for Electrical Safety in the Workplace.

(e) NFPA 101, 2024, titled Life Safety Code.

(f) 40 C.F.R. Part 273 titled Standards for Universal Waste Management, that can be located at http://www.gpo.gov/fdsys/pkg/CFR-2003-title40-vol1/content-detail.html.

(g) Mercury-Containing and Rechargeable Battery Act, that can be located at http://www.epa.gov/osw/laws-regs/state/policy/p1104.pdf.

(h) Montana Code Annotated 2019, Title 75 - Environmental Protection, Chapter 1 titled Environmental Policy and Protection, that can be located at https://leg.mt.gov/bills/mca/title_0750/chapter_0010/parts_index.html.

(i) Montana Code Annotated 2019, Title 75 - Environmental Protection, Chapter 10 titled Waste and Litter Control, that can be located at https://leg.mt.gov/bills/mca/title_0750/chapter_0100/parts_index.html.

5.6 Minimum Certifications, Training, Experience

(a) The Contractor shall adhere to the NFPA 70B standards for electrical equipment maintenance.

(b) The Contractor shall furnish a copy of the electrician license(s) issued by the Montana State Electrical Board for the company, employee personnel, and/or subcontractor forces that will be performing the UPS maintenance services. Said licensure must be submitted to the Contracting Officer and VA facility point of contact before any performance commences under the awarded Purchase Order.

(c) The Contractor shall maintain the necessary insurance coverages for the entire duration of this Purchase Order to conduct business in the State of Montana. The Contractor shall, at its own expense and in its own name, provide the following insurance coverages:

(i) Workers’ Compensation Insurance, including Employers Liability Insurance, complying with the State of Montana laws.

(ii) Comprehensive General Liability Insurance, including Contractual Liability and Products Completed Operations Liability, as well as coverage on all Contractors’ equipment owned, hired, or used in the performance of this Purchase Order.

6. Miscellaneous

The Department of Veterans Affairs, including the Fort Harrison VARO, is a smoke free environment. Smoking is not permitted at the facility. No smoking will be allowed on the premises, including within vehicles.

36C10D25Q0160

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) C.2 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.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.