36C24122Q0656_1.docx

36C24122Q0656

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

608-22-3-4808-0221 36C24122Q0656 06-16-2022 Molly Greening 413-584-4040 x6413 06-24-2022 3:00pm

EDT

36C241 Department of Veterans Affairs

VA CENTRAL WESTERN MASSACHUSETTS HCS

Acquisitions-90 421 North Main Street Leeds

MA

01053-9764 X 811310 $8 Million N/A X Department of Veterans Affairs VAMC Manchester 718 Smyth Rd Manchester

NH

03104 36C241 Department of Veterans Affairs VA Central Western Massachusetts HCS Acquisitions-90 421 North Main Street Leeds

MA

01053-9764

Department of Veterans Affairs Financial Services Center Submit Electronic Payment Requests to:

https://www.fsc.va.gov/einvoice.asp Per clause 852.232.72

See CONTINUATION Page The contractor shall provide labor and materials to maintain and repair Emergency Generator and ATS switches, perform load testing, and be available for 24-hour emergency service calls for diagnosis and repair services at Manchester VA edical Center in Manchester, NH, per attached Peformance Work Statement.

Questions will be answered regarding this solicitation until Thursday 6/23/2022 at 12:00pm EST.

Wage Determination 2015-4023 dated 5/9/22 shall apply to this procurement.

See CONTINUATION Page 608-3620162-4808-851100-2548 0100C10X3 X X Craig Harris

VA-VHA-2021-0CE222C3

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C241

VA CENTRAL WESTERN MASSACHUSETTS HCS

Acquisitions-90 421 North Main Street Leeds MA 01053-9764

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

STATEMENT OF WORK

Maintenance Repair & Emergency Service of Emergency Generators and ATS

1.0 INTRODUCTION

The work includes but is not limited to: provide all equipment, fluids, tools, labor, and to perform regular and periodic examination, semi-annual and annual preventative, 24 hour emergency call back diagnosis and repair of the emergency generator systems and Automatic Transfer Switches (ATS) at the VA Medical Center in Manchester, NH located at 718 Smyth Road. The proposed term of the service is one year from the date of the award. There will be four additional renewal option years to be re-evaluated and awarded annually.

2.0 DEFINITIONS/ACRONYMS

· Engineer - Supervisor or designee.

· CO - Contracting Officer

· COR - Contracting Officer's Representative.

· WHEN Hours- Weekends, Holidays, Evenings, and Nights. Anytime outside of Normal Business Hours (Monday-Friday 7:00am-4:30pm)

· ESR - Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

· Authorization Signature - COR signature; indicates work status is accepted as stated in ESR.

· VAMC - Department of Veterans Affairs Medical Center.

· PM- Preventive Maintenance.

· ATS- Automatic Transfer Switch.

3.0 EQUIPMENT TABLE

4.0 SCOPE

This project includes the following tasks:

4.0 Task 1 – Scheduled Preventative Maintenance - GENERATORS

Provide regularly scheduled annual and semi-annual preventative maintenance services for all the emergency generator systems at the Medical Center noted in the equipment table. Service includes the following:

1. SEMI-ANNUAL CHECK (ENGINE NOT RUNNING)

a. Conduct visual check around the generator. Check the engine, radiator, and generator for debris, foreign objects, loose or broken fittings, guards, and components. Repair as necessary.

b. Check the battery’s liquids specific gravity, do battery load test, top up\fill if necessary. Maintain electrolyte level, clean batteries if necessary, check for tight connections.

c. Clean battery terminals and lugs.

d. Battery charger- Check for proper operation.

e. Check all “V” and fan belts to make sure there are no hair line cracks on the belts, replace if cracked or worn. Inspect for worn, broken, or loose belts (alternator, fan, drive, etc.).

f. Check and adjust tension on all V and fan belts.

g. Check coolant level and top up\fill if necessary.

h. Check specific gravity of coolant. Replenish as necessary to maintain manufacturers recommended level and specific gravity of coolant additive.

i. Block heater- Check for proper operation. Maintain 32°C (90°F) coolant temperature in the block at all times.

j. Check operation and components of water jacket heating system.

k. Engine Crankcase- Check the oil Maintain the oil level between the add and full marks on the engine stopped side of the dipstick.

l. Governor- Check and maintain the oil level (if required).

m. Fuel System- Check for leaks and drain water separator (if equipped). Keep fuel tank full. Check fuel filter indicator (if equipped).

n. Gauges- check the condition of all gauges. Repair or replace any broken gauge.

o. Generator and Control Panel- Visual Inspection- check for loose, broken, or damaged wiring or components.

p. Test fuel day tanks for water. Record water levels in tanks.

q. Drain condensate from exhaust condensate trap.

r. Clean air filter element. Inspect all fuel, oil, and water piping for secure mounting.

s. Inspect exhaust piping and muffler insulation.

t. Inspect crankcase breather tube.

u. Check all control panel indication LED’s.

2. SEMI-ANNUAL CHECK (ENGINE RUNNING)

a. Turn off the generator circuit breaker and run the generator unloaded for 15 minutes. Check the generator for unusual conditions, such as: excessive vibration, excessive black or white smoke. The following indicators on the control panel also need to be checked and verified while the generator is running: fuel level, oil pressure, water temperature, rpm, voltage, and frequency.

b. With the engine running and the generator circuit breaker open:

i. Jumper water temperature switch

ii. Jumper oil pressure switch

iii. Jumper coolant low-level switch

c. Press emergency stop push button.

i. Each time the switch is “jumpered” or the emergency stop button is pressed the engine should stop and the corresponding failure lamp should illuminate. Reset the shut-down mechanisms after each test.

d. Start unit and run with load bank connected for 1 hour at minimum 30% load. 70% preferred. Any generator operating under 30% load must be supplied with a load bank by the Contractor.

e. Frequency (rpm) and generated voltage- check and record readings. NOTE: The operating voltage of a cold (just started) generator will be slightly higher than the operating voltage of a generator that has been under load and warm. The full load voltage of a generator will decrease a maximum of 1% when the generator stabilizes at 100°C (212°F). Most of the voltage decrease occurs in about 30 minutes. Generally, temperatures of generators stabilize within two hours.

f. Read and record verify all engine and alternator indicators. Check for proper operating oil pressure. Check for proper operating fuel pressure. Check the oil level. Maintain the oil level between the add and full marks on the engine running side of the dipstick.

g. Check exhaust for excessive black or white smoke. (See manufacture’s manual)

h. Check turbocharger for vibrations, check for any abnormal noise during operation.

i. Check generator bearing for noise and overheating.

j. Check exhaust manifold, muffler, and piping for leaks and secure mountings.

k. Check fuel day tank for overheating.

l. Leaks and noises- Check for leaks and unusual noises. NOTE: Engine must be stopped before making necessary repairs.

m. Check exhaust backpressure at the Diesel particle filter (Dpf.), if above 24 Inches H20 / 6 kPa, Dpf filters to be removed and cleaned. Or in accordance with the manufacturer’s recommendations.

3. SEMI-ANNUAL CHECK (ENGINE STOPPED AFTER RUNNING)

a. Inspect engine water, fuel, and oil systems for leaks while engine is hot.

b. Fill out maintenance checklist and report deficiencies.

c. Confirm that circuit breaker is in closed position, and generator is set in automatic.

4. SEMI-ANNUAL CHECK (ENGINE NOT RUNNING)

a. Perform complete semi-annual ‘engine not running’ schedule (Section 4).

b. Change fuel and air filters every 250hrs or once a year whichever is sooner

c. Change coolant filters every 250hrs or once a year whichever is sooner

d. Inspect battery charging Alternator and V belt.

e. Inspect engine and generator wiring harness for wear and damages.

f. Inspect supports and spring isolators for soundness and stability.

g. Inspect unit thoroughly for loose fasteners.

h. Clean radiator air passages and exhaust air ducts.

i. Clean intake louvers and ducts.

j. Inspect unit for corrosion. Remove any corrosion, prime and paint.

k. Inspect fan drive idler pivot arm assembly and shock absorber.

l. Inspect Belt driven fan hub.

m. Take fuel oil samples, analyze and report composition and cleanliness.

n. Take fuel samples, analyze and report composition and cleanliness

5. ANNUAL CHECK (ENGINE RUNNING)

a. Perform complete semi-annual ‘Engine running’ schedule (Section 2).

6. ANNUAL CHECK (ENGINE STOPPED AFTER RUNNING).

a. Perform complete semi-annual ‘Engine stopped after running’ schedule. (Section 3).

b. Change crankcase oil and filters every 200 hours or once a year, whichever is sooner.

c. Fill out maintenance checklist and report deficiencies.

d. Confirm that circuit breaker is in closed position, and generator is set in automatic.

e. Engine Crankcase Breather- Clean.

f. Engine mounts- Inspect

g. Engine protective devices- Check.

h. Engine speed/timing sensor- Clean/inspect.

i. Engine valve lash- Check.

j. Engine valve rotators- Inspect.

k. Fuel System Primary Filter (Water Separator) Element- Replace.

l. Fuel System secondary filter- Replace.

m. Generator Bearing- Lubricate.

n. Generator Set Vibration- Inspect.

o. Hoses and Clamps- Inspect/Replace.

p. Rotting Rectifier- Check.

q. Starting Motor- Inspect.

r. Water Pump- Inspect.

7. OUT YEAR CHECKS

a. Second Year Checks:

i. Inspect Turbocharger:

1. Inspection to include bearings, seals, exhausts, and air impellers.

2. Change all gasket and seals.

ii. Inspect Rotating rectifier:

1. Inspect and clean rotating rectifier per manufacturer’s recommendations.

2. If replacement is warranted, provide a written recommendation to the COR for action to include all material and labor.

iii. Replace batteries:

1. Replace batteries with minimum Caterpillar Deep Cell batteries per manufacturer’s recommendations.

2. Provide two (2) batteries for each generator.

3. Replace cooling system temperature regulators with seals.

4.1 Task 2 – Scheduled Preventative Maintenance/Inspection: ATS.

1. Annual PM Inspection

a. Perform a visual inspection of the automatic transfer switch and its surrounding environment.

b. Vacuum the switch interior to remove any dirt or dust deposits. Wipe all bus bars, insulators, cables, and so forth with a clean dry lint free cloth.

c. Inspect the enclosure, transformer, terminals, terminal boards, and insulators for signs of overheating from internal or external sources. Check for voltage creepage over insulating surface, evident by tracing or carbonization.

d. Check the switch interior carefully for moisture, condensation build up, or signs of any previous wetness.

e. Inspect the switch for any signs of overheating.

f. Check for signs of rodent nesting in the enclosure.

g. Carefully inspect all devices for any visibly worn-out, cracked, or missing parts.

h. Open and close contacts several times to verify they are working properly.

i. Verify that all key interlocks and door interlocking provisions are working properly.

j. Check all bus bar joints and terminal lugs for any pitting, corrosion, or discoloration resulting from high temperatures or subject to high fault conditions.

k. Inspect all insulating material.

4.2 Task 3- Annual Load Bank Testing, Generators.

1. Perform Annual Load Bank test on the Generators. The contractor shall provide an annual load bank test on all emergency generators at the Medical Center. An annual load bank test to allow the generator engine under a full load for a four-hour period of time.

4.3 Task 4- Repairs and Emergency Call Back Service:

1. Contractor shall have technician on site within One (1) hour, during normal business hours and two (2) hours, during hours of request by telephone or otherwise from contacting officer, Chief Engineer and/or designees for emergency services. Response will be in the event of a shut down or emergency trouble developed between regularly scheduled maintenance services. Overtime emergency call back service shall be limited to minor adjustments and repairs required to protect and provide immediate safety of the equipment and persons in and about the generators.

2. The contractor shall be responsible to make all repairs and adjustments necessary. Repairs are defined as unscheduled work required to (1) prevent a breakdown or malfunction of an item of equipment; (2) put a system or a subsystem back in service after a breakdown or malfunction. The emergency generator systems of the medical center must remain operational 24/7. Alternative measures for providing equivalent emergency power during repairs are the responsibility of the Contractor.

3. Repairs shall be completed within 24 hours after the need for repair has been identified by the contractor or by the Government. All repairs shall be in accordance with the equipment manufacturer’s requirements and\or applicable laws, regulations, codes, etc.

a. An extension may be granted at the discretion of the COR on a case by case basis. Each request for an extension must include and explanation for the delay, and estimated time of completion, and evidence to clearly show that the contractor has made every effort to repair the system as timely as possible.

4. The Contractor shall furnish all supplies, materials, and equipment to perform regularly scheduled service, emergent service, and repairs.

a. All parts and materials shall be of the original manufacturer’s design and specification, or equal thereto.

b. The Contractor shall have and maintain on hand locally a supply of spare parts sufficient for normal maintenance and expedient emergency repairs of the generators.

5. Space is not available for storage of equipment or materials. If need the Contractor should make arrangements for storage as part of this contract.

5.0 PERFORMANCE REQUIREMENTS

1. The Contractor, under this Scope of Work (SOW), will be responsible for all supervision, labor, tools, lubricants, cleaning products, and manufacturer replacement parts and equipment required to carry out all services as outlined in this SOW. The medical center is considered a critical facility; therefore, all emergency generator equipment shall be kept in first class condition and proper working order 24/7.

2. The Contractor will be required to evaluate the existing equipment and provide the COR with a proposed maintenance schedule in advance of service.

3. Contractor must submit to the COR for review, work sheet/checklist that will be used for performing and documenting maintenance service.

4. All personnel working in the vicinity shall wear and /or use safety protection equipment and exercise the appropriate cautions while all work is performed. Any questions or injuries shall be brought to the attention of the COR, and Safety Manager or Safety Officer.

5. Safety Data Sheets (SDS) shall be provided by the contactor for all HAZMAT materials. Copies will be provided to the COR for approval. No materials will be allowed to be brought on site until they have been submitted and approved by the COR in advance.

6. Preventive maintenance for Standby generator sets to be performed by a technician or mechanic, who is manufacturer certified to work on Caterpillar and Kohler emergency generators as listed above.

7. All off site calibration of generator components to be performed by an authorized Caterpillar repair location, a calibration certificate for each calibrated component must be issued.

8. Perform all annual preventive maintenance procedures prior to beginning out-year cycles.

9. COR must immediately be made aware of any condition discovered that could result in equipment failure.

10. Testing and inspection summary report shall be submitted to the COR within three days of completing all work.

11. If any discrepancies are found with the generator system that are not covered under this scope of work then the contractor must provide the following:

a. Detailed report noting the discrepancy found.

b. Bill of Materials (BOM) to include component name, quantity, part #, and assumption of price for any repair material required and material lead time.

12. All work shall be completed during normal business hours in conjunction with the medical center regularly scheduled monthly generator testing , unless called back for emergency service outside of normal business hours.

13. All travel costs associated with performance of this contract are the responsibility of the Contractor and are provided at no additional cost to the government as part of this contract. Travel costs are defined but not limited to time and vehicle costs for personnel in travel to and from job site for all duties outlined in this specification, normal shipping charges on any parts or materials covered by this contract, costs associated with the normal shipping of parts or equipment out for repair that are covered under this contract, etc.

14. The services shall be completed in accordance with the latest National Electrical Code (NEC), and National Fire Protection Association (NFPA) standard, VA Standards and policies, and local and city codes. In the event there is conflict between any of the standards/codes, the more stringent standard/code shall apply. Clarification for conflicts must be requested in advance of the service rendered.

15. Contractor shall comply in accordance with all OSHA Safety Guidelines.

16. Upon arrival at the medical center, the Contractor shall check in with the maintenance scheduler, COR or designee. Contractor shall sign in and out in engineering during normal business hours. During hours the Contractor shall sign in and out at the Boiler Plant. While on property the contractor shall display an appropriate contractor badge at all times.

17. The contractor shall submit technician certification/licensure prior to work start. Copies of these are also to be submitted with the completed checklists.

18. The contractor shall schedule all site visits, to include emergencies, with the COR.

19. All contractor technicians performing work on site must report to Facility Service in Building 6 to the contractor badge check in/out room to sign in on the contractor log and get a “Contractor” badge. Badges must be returned, and log signed out prior to departing the premises. Vendor shall then coordinate with the COR prior to performing their work.

6.0 DELIVERABLES

1. Submittal of proposed maintenance schedule of activities for review and approval by the COR.

2. Submittal of proposed equipment and materials to be used on site for review and approval by the COR.

3. Submittal of Contractor safety plan and lock\out tag\out plan.

4. Submittal of Safety Data Sheets (SDS) shall be provided by the contactor for all chemicals proposed to be brought to the medical center. Chemicals must be approved before they can be located on property.

5. Submittal of all maintenance reports. Must be submitted within 3 days of service completion date. Reports should include at a minimum:

a. Name and contact information for contractor.

b. Name of employee performing the work.

c. Date of work performed and hours spent.

d. Description of the work performed including PMI’s and equipment worked on. Detailed report noting any deficiencies found.

e. Signature of employee that performed work as well as the COR.

f. Bill of Materials (BOM) to include component name, quantity, part #, and assumption of price for any repair material required and material lead time.

7.0 REFERENCES

· MCP – Medical Center Policy 138-08, Utility Management

· NFPA – National Fire Protection Association 70B, 70E, 99, & 101.

· NEC – National Electrical Code

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Scheduled Generator Preventative Maintenance Contract Period: Base POP Begin:

POP End:

Emergency Call Back Services by Labor hours

Parts and Materials as needed for repairs and installation.

Annual / Semi Annual Inspection and Preventative Maintenance Services for ATS switch

Annual Load Bank Testing

Scheduled Semi Annual and Annual Generator Preventative Maintenance Contract Period: Option 1

Emergency Call Back Services by Labor hours

Parts and Materials for Repair

Annual / Semi Annual Inspection and Preventative Maintenance Services for ATS switch

Annual Load bank testing

Scheduled Semi Annual and Annual Generator Preventative Maintenance Contract Period: Option 2

Emergency Call Back Services by Labor hours

Parts and Materials for Repair

Annual / Semi Annual Inspection and Preventative Maintenance Services for ATS switches.

Annual Load bank testing

Scheduled Semi Annual and Annual Generator Preventative Maintenance Contract Period: Option 3

Emergency Call Back Services by Labor hours

Parts and Materials for Repair

Annual / Semi Annual Inspection and Preventative Maintenance Services for ATS switches.

Annual Load bank testing

Scheduled Semi Annual and Annual Generator Preventative Maintenance Contract Period: Option 4

Emergency Call Back Services by Labor hours

Parts and Materials for Repair

Annual / Semi Annual Inspection and Preventative Maintenance Services for ATS switches.

Annual Load bank testing

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[X] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[X] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection…