36C10X20Q0094 pitc.docx

36C10X20Q0094

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

101-20-2-3196-0138

Sandra Martz sandra.martz@va.gov

05-18-2020 10 am EST 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

X

238210 $16.5 Million

N/A

Department of Veterans Affairs (VA) Philadelphia Information Technology Center (PITC) 5000 Wissahickon Avenue Philadelphia PA 19144 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

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 The Department of Veterans Affairs (VA) Philadelphia Information Technology Center (PITC) has a requirement for corrective and preventative maintenance for the following brand-named Automatic Transfer Switch Units and associated Control Panels located at the following:

VA Facility 5000 Wissahickon Avenue Philadelphia, PA 19144

Quotes due: May 18, 2020 by 10am EST.

$0.00

See CONTINUATION Page

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

POC:

Email:

Phone:

b. GOVERNMENT: Strategic Acquisition Center – Frederick Department of Veterans Affairs 5202 Presidents Court, STE 103 Frederick, MD 21703

Contracting Officer (CO): Todd Synder Todd.synder@va.gov

(240) 215-1744

Contract Specialist (CS): Sandra Martz Sandra.martz@va.gov (240)-215-1662

Contracting Officer’s Representative (COR):

B.2 INSTRUCTIONS

1. Submission - In accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests, all invoices shall be submitted electronically. A copy of all invoices shall be provided to the contracting POC identified in section B.1.

Tungsten (fka OB10) ELECTRONIC INVOICE SUBMISSION FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

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

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

· FSC e-Invoice email: vafsccshd@va.gov

· http://www.fsc.va.gov/einvoice.asp

COMMUNICATIONS:

· https://www.federalregister.gov/articles/2012/11/27/2012-28612/va- acquisition-regulation-electronic-submission-of-payment-requests

· http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily

2. Submission of Proper Invoice - The following data must be included in an invoice for it to constitute a proper invoice:

a. Name and address of the contract

b. Invoice date and number

c. IFCAP Purchase Order No.:

d. Contract No.

e. Item number, description, quantity, unit of measure, price, extended price and a total of supplies delivered, or services performed.

1. Cumulative billing (per line item and total)

2. Final invoices must be marked ‘FINAL INVOICE’

3. Proof of supplies delivered, or services performed MUST also be provided. Signature, printed name and title of Government receiving official and date of delivery or performance period must be included.

INVOICES THAT DO NOT COMPLY WITH THESE REQUIREMENTS SHALL BE REJECTED.

3. 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

Invoice shall be submitted in the arrears -

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly, after acceptance by COR

B.3 PERFORMANCE WORK STATEMENT

Philadelphia Information Technology Center (PITC) Automatic Transfer Switch (ATS) Units and associated Control Panels

A. BACKGROUND INFORMATION:

Contractor shall furnish all necessary labor, materials and equipment required to provide Preventive Maintenance, Emergency Remedial Services, Monthly Performance Checks and On-Site Scheduled Services for the VA-owned Automatic Transfer Switch (ATS) Units located at the Department of Veterans Affairs, Philadelphia Information Technology Center, 5000 Wissahickon Avenue in Philadelphia, PA 19144.

Prices shall include, labor, materials and travel time.

Annual Preventative Maintenance and Inspections will be scheduled to coincide with the Philadelphia Information Technology Center Automated Data Processing Center power shutdown event, usually performed during a three-day holiday weekend (i.e. Columbus Day). If scheduled, Item No. 1 below should reflect this condition in the submittal price.

B. CONTRACT TYPE:

This is a firm-fixed price contract.

C. PRICE/DELIVERY SCHEDULE:

SEE B.4 PRICE/COST SCHEDULE

D. PERFORMANCE DETAILS:

1. PERIOD OF PERFORMANCE:

The period of performance shall be one 12-month base period and three 12-month option periods.

Any (non-emergency) work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer.

Emergency unscheduled repairs may be required on Federal holidays and weekends should the generators fail to start after a loss of commercial power. The contractor shall provide emergency contact information to be utilized in the event of an emergency situation. A PITC representative will call the contractor to notify them of the emergency. The contractor shall have a repair technician on site within 2 hours of being notified of an emergency.

There are ten (10) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:

Under current definitions, four are set by date:

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six are set by a day of the week and month:

2. PLACE OF PERFORMANCE:

Tasks under this Performance Work Statement shall be performed at the VA facility located at 5000 Wissahickon Ave., Philadelphia, PA 19144.

E. PERFORMANCE WORK STATEMENT

1. REQUIREMENTS:

The Department of Veterans Affairs (VA), Office of Information and Technology, Philadelphia Information Technology Center (PITC), requires corrective and preventative maintenance for the following brand-named Automatic Transfer Switch Units and associated Control Panels located at the VA Facility at 5000 Wissahickon Avenue, Philadelphia, PA 19144. The Offeror’s attention is directed to VAAR 852.236-90, Restriction on Submission and Use of Equal Products (NOV 1986) of this solicitation which prohibits proposing equivalent products:

Zenith MARS Panel (Diesel Building)

Zenith MARS Panel (Data Center)

00099144AC5F

00099142AFF3

The Contractor shall provide local "on-call" availability of emergency service, 24 hours per day, 7 days per week with a response time of generally less than four (4) hours from the time of notification. Four (4) hours shall be the maximum allowable response time. The price for this service shall be included in the contract solicitation.

The Contractor shall have personnel (minimum of two) factory trained to work on Zenith, General Electrical and Russelectric Automatic Transfer Switch Units and spare parts available in the Philadelphia, Pennsylvania area. The personnel shall permanently reside in the aforementioned geographical area and be assigned to this VA Account during the term of this maintenance contract. Personnel, through knowledge, training and experience, shall be familiar with all the equipment listed above and have the technical expertise necessary to perform the duties specified herein.

The Government will not be responsible for any relocation expenses associated with moving contractor personnel to the potential work areas either initially, or if necessary, with replacement of personnel, even if replacement of personnel is required to perform the duties outlined in this Contract.

The location of the primary and secondary service office shall be provided as part of the bid solicitation. Due to the emergency power distribution system located at the Department of Veterans Affairs facility in Philadelphia and current government security guidelines, the awarded contractor shall provide resumes and security clearance documentation of the individuals proposed for all aspects of field engineering services shall be provided as part of the contract solicitation.

The Contractor shall provide for approval, within ten (10) business days after award of the contract, a regular schedule for each preventive maintenance event to be performed during the term of the upcoming contract Government Fiscal Year. Preventive Maintenance Inspection and Monthly Performance Check events will be performed according to a mutually agreeable schedule. At no time will a change in schedule occur prior to mutual approval. In the event a Preventive Maintenance Inspection or Monthly Performance Check event is canceled by the VA or the Contractor, a new date will be rescheduled within fourteen (14) calendar days of the cancellation. If the performance of the Preventive Maintenance Inspection or Monthly Performance Check will for any reason interfere with the continued operation of the Data Center, the Contractor shall obtain prior written authorization before proceeding with the said inspection event. Official notification of the Preventive Maintenance Inspection and/or Monthly Performance Check event must be made to the Contracting Officer Representative (COR) fourteen (14) calendar days prior to the event for approval.

The Contractor shall provide additional service personnel within four (4) hours, at no additional cost to the Government, in the event additional engineering assistance is required to maintain the continual operation of the Automatic Transfer Switch Units and/or associated Control Panel equipment.

The Contractor must provide back-up personnel for the resident Philadelphia, Pennsylvania field engineer(s) in the event of long-term illness or vacation. Use of back-up personnel will be considered in this area if the back-up personnel are located at a distance the VA considers close enough to provide the scope of service required in the event of an emergency.

Information regarding additional back-up engineering service shall be provided as part of the bid solicitation. This shall also contain information as to where the service will be provided.

The Contractor shall provide a 24-hour answering service for both the primary and back-up engineers for the purpose of contact in the event of a requirement for emergency service by the VA.

Only the Automatic Transfer Switch Units, associated control wiring and associated Control Panels shall be covered by this contract. The emergency diesel engine generators and associated switchgear are not included.

All Preventive Maintenance Inspections and Monthly Performance Check services shall be performed without interfering with the daily operation of the Philadelphia Information Technology Center Data Center and coordinated through the Contracting Officer Representative (COR).

The Department of Veterans Affairs will not consider additional charges for off-shift, travel, mileage, weekend or holiday service requests for work performed in accordance with terms of this contract.

The VA, on certain occasions, requires on-site service during the building power shutdown to perform Switchgear Preventive Maintenance Inspections or Emergency Diesel Engine Generator Load Bank Testing. The power switchgear shutdown and emergency generator load bank testing usually occur during a weekend (Saturday, Sunday and/or Holiday). The Contractor, if requested, shall provide on-site coverage upon a specific request of the Contracting Officer Representative (COR) in accordance with the terms of this contract (billed at the On-Site Scheduled Services Rate).

If field engineering services, supervision or assistance is required for reasons other than maintenance (i.e. relocation of an Automatic Transfer Switch Unit), the additional charges will be negotiated under separate contract.

The Contractor shall demonstrate a successful transfer of each Automatic Transfer Switch Unit during the Preventive Maintenance Inspection Events. Demonstration will be performed during a weekend (i.e. Saturday, Sunday) or holiday (i.e. Columbus Day) coordinated with the Contracting Officer Representative (COR). The Monthly Performance Checks and Infrared Scanning Inspection Events can be performed during normal weekday (Monday through Friday) working hours. The contractor shall not provide separate billing to the VA as a result of this predetermined weekend Preventive Maintenance Inspection. Billing will be submitted in accordance with the specified terms of this contract for the appropriate fiscal year period.

Any preventive maintenance function which requires a shutdown of any of the Automatic Transfer Switch Units shall be coordinated with the Contracting Officer Representative (COR) to minimize impact to the daily operation of the Philadelphia Information Technology Center Data Processing (i.e. weekends and/or holidays). All such shutdowns must be scheduled with the Contracting Officer Representative (COR) fourteen (14) calendar days prior to the event for approval.

2. SPECIFIC TASKS AND DELIVERABLES:

2.1 AUTOMATIC TRANSFER SWITCH UNITS SEMI-ANNUAL PREVENTIVE MAINTENANCE INSPECTION:

a. Inspect interior of cabinet for dirt, dust, debris, etc. Vacuum as required.

b. Inspect and tighten all main cable and screw terminal connections.

c. Inspect and clean all open face relay, main, movable, and stationary contacts.

d. Inspect movable device/linkage assembly for proper operation.

e. Visually inspect relays and timers for any evidence of damage or potential malfunction, secure mounting, etc. Replace as needed in accordance with Parts Section 2.5.

f. Visually inspect contacts for signs of pitting, misalignment, etc.

g. Replace burned out bulbs as needed in accordance with Parts Section 2.5.

h. Measure and record drop out and pick up voltages for each automatic transfer switch assembly. Only performed during the Triennial Switchgear Testing Event.

i. Upon completion of the scheduled preventive maintenance inspection, the contractor will provide a service report to the Philadelphia Information Technology Center (PITC) Contracting Office Representative (COR) detailing the results of the inspection, noting any adjustments made to the existing automatic transfer switch units. Preventive maintenance inspections shall be thoroughly documented using, as a minimum, a checklist to certify the installation and operational status of the overall system, and in accordance with the operation and maintenance manuals for the equipment.

j. Inspect interior of the Control Panels for dirt, dust, debris, etc. Vacuum as required.

k. Inspect and tighten all screw terminal connections in the Control Panels.

l. Initiate Engine Start using each Automatic Transfer Switch Push to Start button the Control Panels. Verify Emergency Power Source Available indicator light illuminates, and display panel properly identifies active power source for each automatic transfer switch.

m. Press the Control Panel Timer Bypass button and verify load transfers back to the normal power source properly. Verify Emergency Power Source Available indicator light turns off, and display panel properly identifies active power source for each automatic transfer switch.

· Deliverable: Semi-Annual Services Report

2.2 EMERGENCY SERVICES:

a. The contractor shall provide 24/7 emergency repair services on the Automatic Transfer Switch (ATS) Units, should the units become inoperable. The contractor will immediately repair any faults or replace the damaged components in accordance with the Parts definition. Any replacement activity must be coordinated with the Contracting Officer Representative (COR).

b. A Service Report shall be provided to the PITC COR as part of the official notification of work completed. All service reports will specify, in detail, the work performed any adjustments made, etc. The following information is mandatory: date, time, purpose of the service report, initial symptoms, trouble diagnosis, repair steps taken, and adjustments made to correct condition. If repair parts or component replacement was required, the service report should specify where new parts were obtained (i.e. VA stock, contractor supply, etc.), estimated cost to replace the repair part as well as an estimated date when the VA stock item will be replaced. Service report shall also advise of any repairs necessary to maintain the automatic transfer switch units in first-class operating condition.

· Deliverable: Emergency Services Report

2.3 MONTHLY PERFORMANCE CHECK INSPECTION REPORT (PCIR):

a. Complete Month Report Form (Attachment A) for each of the 13 ATS Units. Any discrepancies must be reported to the PITC COR immediately for resolution.

· Deliverable: Completed Monthly Report

2.4 ON-SITE SCHEDULED SERVICES:

a. The contractor shall provide on-site scheduled services on the Automatic Transfer Switch (ATS) Units, should the units become inoperable but do not jeopardize the daily operations of the data center. The contractor will coordinate with the Contracting Officer Representative (COR) a scheduled repair event window to initiate troubleshooting and repair efforts to return equipment to normal operating status. Any replacement of damaged components will be accomplished in accordance with the Parts definition. Any replacement activity must be coordinated with the Contracting Officer Representative (COR).

b. This Service includes Government request for contractor services to be on site to witness Automatic Transfer Switch Units operation during data center critical events such as Switchgear and Emergency Generator Testing and/or Utility Power Outage Events. Contractor will perform the following:

1. Witness critical load switching events for abnormalities.

2. Witness performance and operation of the Automatic Transfer Switch Units.

3. Observe system voltage, current power regulation and report any abnormalities.

c. A Service Report shall be provided to the PITC COR as part of the official notification of work completed. All service reports will specify, in detail, the work performed any adjustments made, etc. The following information is mandatory: date, time, purpose of the service report, initial symptoms, trouble diagnosis, repair steps taken, and adjustments made to correct condition. If repair parts or component replacement was required, the service report should specify where new parts were obtained (i.e. VA stock, contractor supply, etc.), estimated cost to replace the repair part as well as an estimated date when the VA stock item will be replaced. Service report shall also advise of any repairs necessary to maintain the automatic transfer switch units in first-class operating condition.

· Deliverable: On-Site Scheduled Services Report

2.5 PARTS:

a. Only current manufacturer new parts shall be furnished by the contractor as repair/replacement parts. No alternate vendor repair/replacement parts shall be used without prior written approval by the Contracting Officer Representative (COR).

b. If required, the contractor shall furnish, (at a favorable rate to the government) spare parts, circuit boards, and modular assemblies which are not included in the terms of this contract and are required to maintain the Automatic Transfer Switch Units. All parts shall be of current manufacturer and shall have full versatility with presently installed equipment. The contractor shall provide an itemized listing of these parts, including price quotation, to the Contracting Officer Representative (COR) for review and approval prior to shipping to the Department of Veterans Affairs (VA) Philadelphia Information Technology Center (PITC). Any parts shipped and/or received by the VA without prior written approval by the Contracting Officer Representative (COR) will be returned to the contractor at the contractor’s expense.

c. If required, the Contractor may use components from the Department of Veterans Affairs owned spare parts kit. VA owned spare parts utilized shall be replaced by Contractor with new parts at a favorable rate to the Government.

d. The contractor shall complete service reports of the Automatic Transfer Switch Units and provide a detailed report to the COR to include the following information while also making specific recommendations toward future remedial action and upgrades within seven days of the completion of this work.

· Deliverable: Maintenance Services Report

F. PERFORMANCE METRICS:

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

2. Provides service technician within 4 hours of emergency event and provide a report.

3. Provides monthly testing on the ATS Units and provide a report.

4. Provide on-site scheduled services as requested and provide a report.

100% of the time

The COR will utilize a Quality Assurance Surveillance Plan (QASP) throughout the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable level of performance. The Government reserves the right to alter or change the surveillance methods in the QASP at its own discretion. A Performance Based Service Assessment will be used by the COR in accordance with the QASP to assess Contractor performance.

G. DELIVERABLES SCHEDULE:

H. INFORMATION SECURITY CONSIDERATIONS:

The Assessment and Authorization (A&A) requirements do not apply and a Security Accreditation Package is not required.

All VA sensitive information shall be protected at all times in accordance with local security field office System Security Plans (SSP’s) and Authority to Operate (ATO’s) for all systems/LAN’s accessed while performing the tasks detailed in this Product Description.

1. A prohibition on unauthorized disclosure: “Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA.” See VA Handbook 6500.6, Appendix C, paragraph 3.a.

2. A requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a.

3. A requirement to pay liquidated damages in the event of a data breach: “In the event of a data breach or privacy incident involving SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals.” See VA handbook 6500.6, Appendix C, paragraph 7.a., 7.d.

4. A requirement for annual security/privacy awareness training: “Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall complete on an annual basis either: (i) the VA security/privacy awareness training (contains VA security/privacy requirements) within 1 week of the initiation of the contract, or (ii) security awareness training provided or arranged by the contractor that conforms to VA’s security/privacy requirements as delineated in the hard copy of the VA security awareness training provided to the contractor. If the contractor provides their own training that conforms to VA’s requirements, they will provide the COR or CO, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in the VA’s contract have received their annual security/privacy training that meets VA’s requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9.

5. A requirement to sign VA’s Rules of Behavior: “Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall sign on annual basis an acknowledgement that they have read, understand, and agree to abide by VA’s Contractor Rules of Behavior which is attached to this contract.” See VA Handbook 6500.6, Appendix C, paragraph 9, Appendix D. Note: If a medical device vendor anticipates that the services under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor’s designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing VA’s information and information systems.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Semi-Annual Preventive Maintenance Inspections of Automatic Transfer Switch (ATS) Units and associated control panels shall be provided in accordance with (IAW) the Performance Work Statement (PWS) in Section E.2 Paragraph 2.1 below.

This FFP CLIN includes all labor, material, and other costs required for the successful completion of the services detailed in PWS Section B.4 Paragraphs 1.1 and 1.2.

Service Report shall be completed and submitted to the VA COR for each visit. (Semi-Annual)

Inspection: destination

Acceptance: destination The contract provides for submission of monthly invoices. Government approval of invoices for payment shall be subject to contractor’s successful completion of task requirements and associated deliverables required by the PWS for the month for which the invoice is submitted.

Contract Period: Base POP Begin: 05-15-2020 POP End: 04-14-2021

Emergency Remedial Maintenance Services for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.2

Includes 24/7 Coverage with an arrival onsite response time less than 4 hours after notification.

Service Report shall be completed and submitted to the VA COR for each visit.

Inspection: destination

Acceptance: destination

Contract Period: Base

Monthly Performance Check Inspection Report (PCIR) for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.3

Due seven (7) days after completion of each monthly performance check.

Electronic submission to: VA COR

Inspection: destination

Acceptance: destination

Contract Period: Base

On-Site Scheduled Maintenance Services for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.4

Includes 24/7 Coverage with an arrival onsite response time at a mutually agreed upon time.

Service Report shall be completed and submitted to the VA COR for each visit.

Inspection: destination

Acceptance: destination

Contract Period: Base

Parts for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.5

Service Report shall be completed and submitted to the VA COR for each part used.

Inspection: destination

Acceptance: destination

Contract Period: Base

Semi-Annual Preventive Maintenance Inspections of Automatic Transfer Switch (ATS) Units and associated control panels shall be provided in accordance with (IAW) the Performance Work Statement (PWS) in Section E.2 Paragraph 2.1 below.

This FFP CLIN includes all labor, material, and other costs required for the successful completion of the services detailed in PWS Section B.4 Paragraphs 1.1 and 1.2.

Service Report shall be completed and submitted to the VA COR for each visit.

Inspection: destination

Acceptance: destination The contract provides for submission of monthly invoices. Government approval of invoices for payment shall be subject to contractor’s successful completion of task requirements and associated deliverables required by the PWS for the month for which the invoice is submitted.

Contract Period: Option 1 POP Begin: 05-15-2021 POP End: 04-14-2022

Emergency Remedial Maintenance Services for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.2

Service Report shall be completed and submitted to the VA COR for each visit.

Inspection: destination

Acceptance: destination

Contract Period: Option 1

Monthly Performance Check Inspection Report (PCIR) for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.3

Electronic submission to: VA COR

Inspection: destination

Acceptance: destination

Contract Period: Option 1

On-Site Scheduled Maintenance Services for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.4

Service Report shall be completed and submitted to the VA COR for each visit.

Inspection: destination

Acceptance: destination

Contract Period: Option 1

Parts for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.5

Included in 3-Year Manufacturers’ Parts and Labor Warranty

Service Report shall be completed and submitted to the VA COR for each part used.

Inspection: destination

Acceptance: destination

NOT TO EXCEED

Contract Period: Option 1

Semi-Annual Preventive Maintenance Inspections of Automatic Transfer Switch (ATS) Units and associated control panels shall be provided in accordance with (IAW) the Performance Work Statement (PWS) in Section E.2 Paragraph 2.1 below.

This FFP CLIN includes all labor, material, and other costs required for the successful completion of the services detailed in PWS Section E.2 Paragraph 2.1.

Service Report shall be completed and submitted to the VA COR for each visit.

Inspection: destination

Acceptance: destination The contract provides for submission of monthly invoices. Government approval of invoices for payment shall be subject to contractor’s successful completion of task requirements and associated deliverables required by the PWS for the month for which the invoice is submitted.

Contract Period: Option 2 POP Begin: 05-15-2022 POP End: 04-14-2023

Emergency Remedial Maintenance Services for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.2

Service Report shall be completed and submitted to the VA COR for each visit.

Inspection: destination

Acceptance: destination

Contract Period: Option 2

Monthly Performance Check Inspection Report (PCIR) for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.3

Electronic submission to: VA COR

Inspection: destination

Acceptance: destination

Contract Period: Option 2

On-Site Scheduled Maintenance Services for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.4

Service Report shall be completed and submitted to the VA COR for each visit.

Inspection: destination

Acceptance: destination

Contract Period: Option 2

Parts for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.5

Included in 3-Year Manufacturers’ Parts and Labor Warranty

Service Report shall be completed and submitted to the VA COR for each part used.

Inspection: destination

Acceptance: destination

NOT TO EXCEED

Contract Period: Option 2

Semi-Annual Preventive Maintenance Inspections of Automatic Transfer Switch (ATS) Units and associated control panels shall be provided in accordance with (IAW) the Performance Work Statement (PWS) in Section E.2 Paragraph 2.1 below.

This FFP CLIN includes all labor, material, and other costs required for the successful completion of the services detailed in PWS Section E.2 Paragraph 2.1.

Service Report shall be completed and submitted to the VA COR for each visit.

Inspection: destination

Acceptance: destination The contract provides for submission of monthly invoices. Government approval of invoices for payment shall be subject to contractor’s successful completion of task requirements and associated deliverables required by the PWS for the month for which the invoice is submitted.

Contract Period: Option 3 POP Begin: 05-15-2023 POP End: 04-14-2024

Emergency Remedial Maintenance Services for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.2

Service Report shall be completed and submitted to the VA COR for each visit.

Inspection: destination

Acceptance: destination

Contract Period: Option 3

Monthly Performance Check Inspection Report (PCIR) for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.3

Electronic submission to: VA COR

Inspection: destination

Acceptance: destination

Contract Period: Option 3

On-Site Scheduled Maintenance Services for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.4

Service Report shall be completed and submitted to the VA COR for each visit.

Inspection: destination

Acceptance: destination

Contract Period: Option 3

Parts for ATS Units and associated control panels IAW PWS Section E.2 Paragraph 2.5

Service Report shall be completed and submitted to the VA COR for each part used.

Inspection: destination

Acceptance: destination

NOT TO EXCEED

Contract Period: Option 3

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…