36C10X20P0043.final_01.pdf

PAGE 1 OF1. 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 26

36C10X20P0043 36C10X20Q0058

T. Evans 240-215-1686

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

541340

$8 Million

N/A

See B.2 PWS (Place of Performance)

36C10X

Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

7AD08

ELECTRICAL SYSTEMS MANAGEMENT

ESM CONSULTANTS

15415 TUTBURY CIR

HOUSTON TX 77044

079670090

VAFSC

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(see Section B.3 invoicing/payment) Austin TX 78714-8917

1-(877)-489-6135

See CONTINUATION Page

Please reference PO 101S00037 when invoicing.

$57,577.00 See CONTINUATION Page

X 1

Tara Flores SAC-F15L3-77963Bryant COlino, P.E., Managing Principal 4-9-20 4/9/2020

36C10X20P0043

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ACCOUNTING AND APPROPRIATION DATA

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

C.3 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.4 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

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

2018)

C.8 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Bryant Colino Electrical Systems Management (ESM Consultants) 15415 Tutbury Circle Houston, TX 77044

b. GOVERNMENT: Tara Flores - Contracting Officer 36C10X

Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703

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] upon completion of rendered services

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.

TUNGSTEN (fka OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Contractor POC: Bryant Colino Bryant.colino@esmengineers.com

Contracting POC: Tom Evans Thomas.evans3@va.gov

COR (Contracting Officers Representative): Richard Hoag richard.hoag@va.gov mailto:Bryant.colino@esmengineers.com mailto:Thomas.evans3@va.gov mailto:richard.hoag@va.gov

Purchase Order Number: 101S00037

Vendor Electronic Invoice Submission Methods:

Fax, email and 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.

• VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

• 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 http://www.x12.org.

Vendor e-invoice Set-up information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

• Tungsten e-Invoice setup information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@tungsten-network.com

• VA TUNGSTEN Number: AAA544240062

• FSC e-Invoice contact information: 1-877-353-9791

• FSC e-Invoice email: vafsccshd@va.gov http://www.fsc.va.gov/einvoice.asp

B.2 PERFORMANCE WORK STATEMENT

A. DESCRIPTION OF WORK:

The purpose of this project is to provide a set of As-Built Electrical One-Line drawings for the Veterans Administration (VA) Austin Information Technology Center (AITC) located in Austin Texas.

As a minimum, a set of drawings shall depict the following:

1. Single high level One-Line drawing depicting five (5) interrelated systems as shown in Figure 1-1:

a. Normal Facility Power

b. Normal Standby Generator Power http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.x12.org/ mailto:VA.Registration@tungsten-network.com mailto:vafsccshd@va.gov http://www.fsc.va.gov/einvoice.asp

c. Power System-A

d. Power System-B

e. Power System-C

2. Set(s) of drawings providing in greater detail, each of the aforementioned interrelated systems.

AutoCAD shall be used to construct the drawings. The Electrical Engineering Contractor shall employ a licensed electrical engineer(s) to field verify AITC electrical systems. Drawings shall identify all equipment with part number, rating, and room number following industry best practices (e.g. ANSI/ASME, etc.).

The purpose of this project is to provide VA-AITC a field-verified one-line electrical diagram of the existing electrical power and distribution systems dedicated to both VA Data Center Operations and the GSA facility’s power distribution system. The final work product to be delivered to the VA shall consist of a master set of AutoCAD drawing (*.dwg and etc.) files recorded on a DVDROM and four (4) printed sets of as-built drawings each consisting of a Master electrical one-line diagram (ANSI E 34x44 in.) and five (5) power and distribution system diagrams (ANSI C or D as required) as depicted in the Master Diagram shown in Figure 1-1.

This Master Diagram and other supporting as-built diagrams (electrical risers) will be furnished by the government in support of this project. The Architecture and Engineering (A/E) contractor shall employ licensed electrical engineer and licensed electrician(s) to field-verify the government’s system drawings and make as-built changes where appropriate for each system.

The Master Diagram will be broken down into five (5) distinct, electrical power and distribution system diagrams. The four (4) printed sets of five (5) distinct system drawings will be comprised of five distinct power and distribution systems with AITC.

These five (5) system diagrams including the Master diagram shall depict additional descriptive details, such as: panel names, room locations, equipment ratings, and etc.

All drawings shall be in accordance with VA CAD standards for electrical (Division 26) drawings and ANSI/ASME Y14 best practices.

B. SCOPE OF WORK:

The Electrical Engineering contractor shall provide all resources necessary to accomplish the deliverables described in this PWS. The purpose of this project is to provide the VA with field-verified one-line electrical diagram drawings consisting of the existing electrical power and distribution systems dedicated to both VA Data Center Operations and the GSA facility’s use. The Electrical Engineering contractor shall coordinate all onsite field work and drawing reviews with VA’s engineering staff, as required.

This project shall conform to the following:

1. Design Requirements:

• Electrical Engineering shall field-verify and capture as-built updates for the VA’s one-line diagrams by recreating or modifying the AutoCAD electrical drawing set provided by the VA while complying with both VA CAD standards and ANSI/ASME Y14 Engineering Drawing Practices.

• Electrical Engineering contractor shall follow all Federal, State, and Local rules and regulations while performing all required tasks. Personnel safety and customer system integrity and continuous operations are paramount throughout this project.

• Electrical Engineering contractor shall create the electrical drawings using Autodesk’s AutoCAD Software. The preferable version is 2007 or newer.

• Electrical Engineering contractor shall be responsible for confirming specific power and distribution system equipment descriptions and ratings, such as:

Automatic Throw-Over Switchs (ATOs), Transformers, Solar Power System, UPSs, and Generators, switchboards, switchgears, distribution panels, end-use equipment, and other equipment descriptions and ratings for all as-built system components shown on the VA one-line diagram and/or found in the field.

• Electrical Engineering contractor shall identify any discrepencies with NFPA 70 code requirements and propose updates to all drawings with VA’s engineering approval.

• Electrical Engineering contractor shall conduct as many on-site assessments and audits as are necessary for completion of all work.

• Electrical Engineering contractor shall coordinate with VA engineering staff to obtain access to restricted electrical, mechanical, telecommunications, and computer rooms as required. All onsite field work, assessments, and drawing review meetings shall involve the VA’s electrical engineer and his project managers, as required.

2. Drawings:

• Electrical Engineering contractor shall provide all general and flag notes pertaining to system design, safety, equipment ratings and performance, as required, on each drawing.

• Electrical Engineering contractor shall comply with the VA’s CAD standard and ANSI/ASME Y14 standards for electrical one-line diagrams and general drawing best practices on contractor drawing template.

• Electrical Engineering contractor shall deliver four (4) ANSI E-sized drawing prints in landscape orientation. These four (4) drawings shall be titled “AITC Power & Distribution System Electrical One-Line Diagram”.

• Electrical Engineering contractor shall deliver four (4) sets of ANSI C or D-sized drawing prints in portrait oreniatation where each set contains five (5) drawings of each of the following systems and shall be titled as such: Normal Facility Power One-line Diagram, Normal and Standby Generator Power One-line Diagram, Power System A (UPS and Standby Generator Power) One-line Diagram, Power System B (UPS and Standby Generator Power) One-line Diagram, and Power System C (UPS and Standby Generator Power) One-line Diagram.

• Electrical Engineering contractor shall deliver digital copies of all drawings in both Adobe’s Acrobat (*.pdf) and Autodesk’s AutoCAD 2007 or higher file formats (*.dwg) on a DVD or CDROM.

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NOTES

POWER SYSTEM B (UPS & STANDBY GENERATOR POWER) POWER SYSTEM C (UPS & STANDBY GENERATOR POWER)

Figure 1-1 AITC Electrical Power and Distribution System One-Line Diagram.

C. APPLICABLE DOCUMENTS

In the performance of the tasks associated with this Performance Work Statement, the Contractor shall comply with the following:

1. “Federal Information Security Modernization Act of 2014”

2. FIPS Pub 201-2, “Personal Identity Verification of Federal Employees and

Contractors,” August 2013

3. 10 U.S.C. § 2224, "Defense Information Assurance Program"

4. 5 U.S.C. § 552a, as amended, “The Privacy Act of 1974”

5. 42 U.S.C. § 2000d “Title VI of the Civil Rights Act of 1964”

6. Homeland Security Presidential Directive (12) (HSPD-12), August 27, 2004

7. VA Directive 6500, “Managing Information Security Risk: VA Information

Security Program,” September 20, 2012

8. VA Handbook 6500, “Risk Management Framework for VA Information

Systems – Tier 3: VA Information Security Program,” March 10, 2015

9. VA Handbook 6500.1, “Electronic Media Sanitization,” November 03, 2008

10. VA Handbook 6500.6, “Contract Security,” March 12, 2010

11. National Fire Protection Association, NFPA 70, National Electric Code, 2017

Ed,

12. American National Standards Institute (ANSI)/American Society of

Mechanical Engineers (ASME) Y14 Standard US Engineering Drawings

D. PERFORMANCE DETAILS

PERFORMANCE PERIOD –KICK-OFF

The period of performance (PoP) shall be a total of six (6) months from date of contract award. The Electrical Engineering contractor shall conduct a project kick-off meeting within 10 days after contract award. An integrated master plan and schedule shall be provided to the government project team within five (5) working days after kick-off meeting. Work specified herein shall be conducted as a lump sum contract.

Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO). To complete the VA mission, AITC must provide 24/7 computing services. Therefore, all Contractor activities must not interfere with AITC staff and its operations.

PLACE OF PERFORMANCE

Tasks under this PWS shall be performed in VA Austin Information Technology Center (AITC), 1615 Woodward Street, Austin, TX 78772.

Normal business hours are between 0700 hours and 1600 hours Monday through Friday. Work that might disrupt building staff (such as loud disruptive work or work causing strong odors, etc.) shall be done after normal business hours.

AITC has much more extensive security requirements on the campus. The Contractor shall adhere to AITC security requirements at all times. These requirements also mean that they will impact the cost of the Contractor providing service (e.g. stringent background checks, security training, escort services, limited access, daily inspections, extra time each day for gaining access to the job site, etc.).

The contractor will ensure that all personnel under his employment are familiar with and obey all applicable regulations of AITC. Personnel are to stay within the limits of the established work area. Personnel will not enter areas identified as restricted unless required and cleared by VA-AITC.

The field verification of government provided drawings shall take place at AITC Facility in coordination with the government facility’s and project team’s schedules. The rest of the work may be conducted remotely, e.g., at the Electrical Engineering contractor’s site.

SPECIFIC TASKS AND DELIVERABLES

The Electrical Engineering contractor shall perform the following:

The contractor shall provide work product to be delivered to the VA for review and shall consist of AutoCAD drawings (*.dwg and etc.) files recorded on a DVDROM and two (2) printed sets of as-built drawings each consisting of a Master electrical one-line diagram (ANSI E 34x44 in.) and five (5) power and distribution system diagrams (ANSI C or D as required) as depicted in the Master Diagram shown in Figure 1-1 within each design review milestone. If for any reason any deliverable cannot be delivered within the schedule time frame, the contractor is required to explain why in writing to the CO, including the contractor’s commitment of when the work shall be completed. If deliverable cannot be delivered within the scheduled time frame, compensation may be taken from the contractor.

REPORTING REQUIREMENTS

The Contractor shall provide the government COR and VA engineering with Weekly Progress Reports in Microsoft Word softcopy format. The report shall address the integrated master plans objectives and master schedule updates, to ensure that the government provides oversight and approval to proceed with scheduled work on an accurate and consistent basis. These reports shall reflect data as of the last day of the preceding week.

The Weekly Progress Reports shall cover all work completed during the reporting period and work planned for the subsequent reporting period. The report shall also identify any problems that arose and a description of how the problems were resolved. If problems have not been completely resolved, the Contractor shall provide an explanation including their plan and timeframe for resolving the issue. The report shall also include an itemized list of all Information and Communication Technology (ICT) deliverables and their current Section 508 conformance status. It is expected that the Contractor will keep in communication with VA accordingly so that issues that arise are transparent to both parties to prevent escalation of outstanding issues.

Deliverable:

a. Weekly Progress Report

SCHEDULING AND COORDINATION

Deliverables:

The Electrical Engineering contractor will notify VA-AITC immediately of any delays due to AutoCAD license availability or staffing.

b. The Electrical Engineering shall hold design review meetings as needed to go over AITC comments.

c. Electrical Engineering contractor shall incorporate AITC comments into the drawings.

d. The drawings shall be produced using industry standard details. All drawings shall comply with VA CAD standards and ANSI/ASME Y14. The contractor shall provide preliminary stamps to each drawing he or she developed for of the many design review meetings or government requests.

e. AITC will complete their review of the draft deliverables within 10 business days from date of receipt. The Electrical Engineering contractor shall have 10 business days to deliver the final deliverable from date of receipt of AITC’s comments.

f. All work shall be updated and designed in accordance with but not limited to the following most recent edition criteria:

• NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 70- E

• NATIONAL ELECTRIC CODE (NEC) (most recent edition)

• NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION (NEMA)

• INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS (IEEE)

• AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)

• INTERNATIONAL BUILDING CODE (IBC)

• AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

• UNDERWRITERS LABORATORIES (UL)

• OSHA STANDARDS

g. The government will provide available as-built drawings in AutoCAD and Acrobat pdf format at project kick-off. Additional government as-built drawings may be provided upon request to the COR and VA engineering.

E. GENERAL REQUIREMENTS

SECURITY AND PRIVACY REQUIREMENTS

It has been determined that protected health information may be disclosed or accessed and a signed Business Associate Agreement (BAA) shall be required. The Contractor shall adhere to the requirements set forth within the BAA, referenced in Section D of the contract, and shall comply with VA Directive 6066.

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

In accordance with VA Handbook 0710, Personnel Security and Suitability Program, the position sensitivity and the level of background investigation commensurate with the required level of access is:

Low/NACI/Tier 1

Contractor Responsibilities:

a. For a Low/Tier 1 Risk designation, with a period of performance requirement of 180 days or less, a Special Agreement Check (SAC) is required. A completed Security and Investigations Center (SIC) Fingerprint Request Form is required for fingerprinting. This should be submitted to the CO or COR after award has been made.

b. Within 3 business days after award, the Contractor shall provide a roster of Contractor and Subcontractor employees to the COR to begin their background investigations in accordance with the PAL template. The Contractor Staff Roster shall contain the Contractor’s Full Name, Date of Birth, Place of Birth, individual background investigation level requirement of Low/NACI Tier 1 SAC. The Contractor shall submit full Social Security Numbers either within the Contractor Staff Roster or under separate cover to the COR. The Contractor Staff Roster shall be updated and provided to VA within 1 day of any changes in employee status, training certification completion status, Background Investigation level status, additions/removal of employees, etc. throughout the Period of Performance. The Contractor Staff Roster shall remain a historical document indicating all past information and the Contractor shall indicate in the Comment field, employees no longer supporting this contract. The preferred method to send the Contractor Staff Roster or Social Security Number is by encrypted e-mail. If unable to send encrypted e-mail, other methods which comply with FIPS 140-2 are to encrypt the file, use a secure fax, or use a traceable mail service.

c. The Contractor should coordinate the location of the nearest VA fingerprinting office through the COR. Only electronic fingerprints are authorized. The Contractor shall bring their completed Security and Investigations Center (SIC) Fingerprint request form with them (see paragraph a. above) when getting fingerprints taken.

d. The Contractor shall be responsible for the actions of all personnel provided to work for VA under this contract. In the event that damages arise from work performed by Contractor provided personnel, under the auspices of this contract, the Contractor shall be responsible for all resources necessary to remedy the incident.

e. A Contractor may be granted unescorted access to VA facilities and/or access to VA Information Technology resources (network and/or protected data) with a favorably adjudicated Special Agreement Check (SAC), completed training delineated in VA Handbook 6500.6 (Appendix C, Section 9), signed “Contractor Rules of Behavior”, and with a valid, operational PIV credential for PIV-only logical access to VA’s network. A PIV card credential can be issued once your SAC has been favorably adjudicated and your background investigation has been scheduled by OPM. However, the Contractor will be responsible for the actions of the Contractor personnel they provide to perform work for VA. The investigative history for Contractor personnel working under this contract must be maintained in the database of the Office of Personnel Management (OPM).

f. The Contractor, when notified of an unfavorably adjudicated background investigation on a Contractor employee as determined by the Government, shall withdraw the employee from consideration in working under the contract.

Failure to comply with the Contractor personnel security investigative requirements may result in loss of physical and/or logical access to VA facilities and systems by Contractor and Subcontractor employees and/or termination of the contract for default.

Identity Credential Holders must follow all HSPD-12 policies and procedures as well as use and protect their assigned identity credentials in accordance with VA policies and procedures, displaying their badges at all times, and returning the identity credentials upon termination of their relationship with VA.

F. METHOD AND DISTRIBUTION OF DELIVERABLES

The Contractor shall deliver documentation in electronic format, unless otherwise directed in Section B of the solicitation/contract. Acceptable electronic media include:

MS Word 2000/2003/2007/2010, MS Excel 2000/2003/2007/2010, MS PowerPoint 2000/2003/2007/2010, MS Project 2000/2003/2007/2010, MS Access 2000/2003/2007/2010, MS Visio 2000/2002/2003/2007/2010, AutoCAD 2002/2004/2007/2010/2018, and Adobe Postscript Data Format (PDF).

G. PERFORMANCE METRICS

The table below defines the Performance Standards and Acceptable Performance Levels for Objectives associated with this effort.

Performance Objective

Performance Standard Acceptable Levels of Performance

A. Weekly Status Reports

1. Contractor shall provide Weekly Reports of PWS Section 4.1

Satisfactory or higher

B. Project Milestones and Schedule:

design review (25%, 50%, 90%)

1. Contractor shall deliver design review drawings.

Two printed sets and electronic format

All of the scheduled design review drawings submitted at each milestone with all agreed upon comments included

C. Project Completion Review and Acceptance

1. Contractor shall deliver final drawings. Four sets of Master Diagram drawings and five sets of individual power system diagram drawings.

Government shall agree that all sets of contractor provided drawings and their formats are acceptable.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB $20,000.0000 $20,000.00

Electrical Engineering Designer

Contract Period: Base POP Begin: 04-15-2020 POP End: 10-14-2020

Funding/Req. Number: 1 $20,000.00 101-20-2-3196-0094

1.00 JB $15,000.0000 $15,000.00

Electrical Engineering Principal

Contract Period: Base

Funding/Req. Number: 1 $15,000.00 101-20-2-3196-0094

1.00 JB $17,670.0000 $17,670.00

Onsite Field Verification

Contract Period: Base

Funding/Req. Number: 1 $17,670.00 101-20-2-3196-0094

1.00 JB $4,907.0000 $4,907.00

Other Direct Costs (ODC)

Contract Period: Base

Funding/Req. Number: 1 $4,907.00 101-20-2-3196-0094

GRAND

TOTAL

$57,577.00

ACCOUNTING AND APPROPRIATION DATA

ACRN APPROPRIATION

REQUISITION

NUMBER AMOUNT

1 101-3600167-3196-192910 DIRF\T\SMGMT-2580 Non- Medical Contracts and-

T0C507SBA

101-20-2-3196-0094 (P)

$57,577.00

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

ITEMS

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

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

C.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS (DEC 2014)

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.3 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within . Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.4 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

FAR

Number

Title Date

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.211-5 MATERIAL REQUIREMENTS AUG 2000

52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE

OCT 2019

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

AUG 2011

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

52.243-1 CHANGES—FIXED-PRICE AUG 2018

852.203-70 COMMERCIAL ADVERTISING MAY 2018

C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran owned small business concern or SDVOSB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov);

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

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

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart

819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting https://vaww.aams.ecms.va.gov/AAMS_Production/DAV/fy_yyybjydyvhp0y/(https:/www.vip.vetbiz.va.gov) requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4)…