36C24222Q0705.docx

36C24222Q0705

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. SIGNAT

URE 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

36C24222Q0705 06-10-2022 Fuqua, Stacey Contract Specialist 212-686-7500 Ext 6068 06-24-2022 9:00 am

EDT

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 X 561210 $41.5 Million N/A X See Delivery Schedule

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page Provide schedule maintenance and repairs on the Eaton Model 9390, -40-80, KVA – 50, KW – 45.

Please review the statement of work on page 4-10 and complete the Price Cost Schedule.

Period of Performance: 07/01/2021-06/30/2023 The deadline for submittal of all questions is June 15, 2022, 10:00 am.

Contractors should pay close attention to section:

52.212-1, 52.212-2 and Section D.1 thru D.2 before submitting.

See CONTINUATION Page x X X Janice Brooks Contracting Officer 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 36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

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:

B.1 PERFORMANCE WORK STATEMENT

VA HUDSON VALLEY HEALTHCARE SYSTEM

POWER SYSTEMS AND AUTOMATIC TRANSFER SYSTEM

PERFORMANCE WORK STATEMENT

BACKGROUND

The VA Hudson Valley Healthcare System is currently seeking schedule maintenance repairs on the Eaton PowerWare Model 9390, -40-80, KVA – 50, KW – 45. All labor and transportation, parts, and expertise necessary to provide preventative maintenance for Power Systems.

Veterans’ Health administration (VHA) seeks to continue and improve the operational capabilities of the Power Systems by establishing services that result in fewer operational problems, improved communications, increased efficiency within the facility and to improve the quality of services to veterans. All parts installed under this contract shall be OEM or approved equal by the manufacturer of the UPS. Pricing includes all labor, transportation, and any equipment required.

LOCATION OF SERVICES

VA MEDICAL CENTER CASTLE POINT CAMPUS

41 Castle Point Road Wappingers Falls, NY 12590

VA MEDICAL CENTER FDR MONTROSE CAMPUS

2094 Albany Post Road Montrose, NY 10548

PERIOD OF PERFORMANCE:

Base Year: July 01, 2022- June 30, 2023 Option One Year 1: July 01, 2023- June 30, 2024 Option Two Year 2: July 01, 2024- June 30, 2025 Option Three Year 3 July 01, 2025- June 30, 2026 Option Four Year 4: July 01, 2026- June 30, 2027

SCOPE OF WORK:

The contractor shall furnish all labor, materials, equipment, tools, supervision, and all incidentals to complete the work for Eaton PowerWare Model 9390-40-80, KVA – 50, KW – 45Units. All parts installed under this contract shall be OEM or approved equal by the Manufacturer of the UPS.

DESCRIPTION OF SERVICES:

The preventive maintenance services described in this document includes:

1) (Electronics (Power Systems Power Module, DC, PDU) corrective maintenance,

2) (Valve Regulated (Sealed) battery) system maintenance,

3) (Eaton Power Systems, DC, PDU, (Minor)) performance check.Eaton Power Systems Flex Onsite service parts and labor coverage and technical support.

FREQUENCY:

1. One Year Parts, Labor, Expenses for The UPS Electronics per

· 24/7 Coverage, 7 days per week, 24 hours per day, 365 days per year

· Eight (8) Hours Response Time

· 24/7 Technical Support & Dispatch Center

· Service Priority

2. (2) Power Systems Preventive Maintenance (5 x 8):

3. (1) Power Systems Performance Checks (5 x 8):

4. (1) Battery Preventive Maintenance Visit (5x8):

5. This does not include battery corrective maintenance

1. FDR Montrose Campus: Contractor shall provide all labor, materials, and equipment necessary to perform the preventative maintenance for electronics corrective components, and the system maintenance battery valve regulated (sealed), and the technical support to maintain the equipment. The Easton PowerWare 9390 -40-80, KVA – 50, KW – 45 are located at in the FDR Montrose Campus Building 26, 16, and building 3.

2. Castle Point campuses Contractor shall provide all labor, materials and equipment necessary to perform the preventative maintenance for electronics corrective components, and the system maintenance battery valve regulated (sealed), and the technical support to maintain the equipment. The Easton PowerWare 9390 Model -40-80, KVA – 50, KW – 45 located in the Castle Point campuses in building 9 server room 224.

QUARTERLY PREVENTIVE MAINTENANCE SERVICES

1. OPERATIONAL INSPECTIONS

A. The contractor shall perform the following quarterly preventive maintenance services under this portion for the FDR Montrose and Castle Point Campuses. The Eaton PowerWare 9390-40-80, KVA – 50, KW – 45 model, Electronics (Power Systems Power Module, DC, PDU) preventive maintenance services equipment systems are as follow:

Visual Inspection: The contractor shall inspect all:

a. Inspect all printed circuit board connections for cleanliness, swab contacts if necessary.

b. Inspect all power connections for signs of overheating

c. Inspect all subassemblies, bridges and legs for signs of component defects or stress

d. Inspect all DC capacitors for signs of leakage

e. Inspect all AC capacitors for signs of leakage

f. Inspect and inventory all customer-owned spare parts

g. Inspect for, and perform as required, any open engineering changes

h. Inspect battery monitoring system

Internal Operating Parameters: The contractor shall perform operating Parameters including but not limited to AC/ DC Protection settings, Power supply voltages, UPS Firmware updates and Field Service Bulletins, DC Filter Capacitance, AC Tank and Trap Filter Capacitance, Output Filter and Rectifier bridge current average leg balance.

i. DC Ground Detection Offset (if applicable)

j. Inverter leg current average balance (if applicable)

k. Output filter current average phase balance

l. Rectifier bridge current average leg balance

m. AC Protection settings are checked

n. DC Protection settings are checked

o. Input and Output Frequency and Voltage Bandwidth settings are checked

p. Verify DC filter capacitance

q. Verify AC tank and trap filter capacitance

r. Power Supply voltages and waveforms

s. Update UPS firmware as necessary with customer approval (parts if required are included at no charge under service agreements with full parts coverage, otherwise billable)

External Operating Parameters: Including but not limit to System Input voltages, currents, DC Charging Voltages (adjust if necessary), Record settings (adjust if necessary), Rectifier and Inverter phase on and walk up, adjust all panel meters as necessary, Verify System Bypass Voltages, Outage simulation, and battery capability testing, and verify charger current limit.

The contractor shall perform:

a.System Input Voltages (all phases) b.System Input Currents (all phases) c.DC Charging Voltages (float and equalize), record settings, adjust to nominal d.Rectifier phase on and walk up e.Inverter phase on and walk up

f. Adjust all panel meters to measured values g.System Bypass Voltages (all phases) h.Manual and UV Transfer Testing, verify uninterrupted transfer waveform (if applicable)

i. Outage simulation, and battery capability testing, and verify charger current limit

j. Generator operation and interface verification (if applicable)

Battery Cabinet Checks: The contractor shall perform following quarterly preventive maintenance services:

a. General appearance of Battery System (all types)

b. General cleanliness of Battery System area (all types)

c. Inspect cells for physical abnormalities

d. Inspect all DC connections for abnormalities

e. Battery System area ambient temperature and condition of ventilating equipment

For internal batteries measure and record:

t. Overall battery float voltage

u. Charger output current and voltage

v. Negative terminal temperature of one cell/battery per battery cabinet shelf or rack tier

w. Momentary load testing of cells < 100 watts (e.g., 9E, 9x55, not 9330)

Monitoring System Parameters: The contractor shall perform the following quarterly Preventive Maintenance services:

x. Alarm archive review and printing

y. Alarm lamp test-local and remote (if applicable)

z. Replace all open monitor bulbs

aa. Review Battery Test in history (if applicable)

ab. Update connectivity card firmware as necessary

ANNUAL PREVENTIVE MAINTENANCE SERVICES

Environmental Parameters: The contractor shall verify and address the environmental parameters as necessary includes:

a. Power Systems area ambient temperature and condition of ventilating equipment

a) General Cleanliness of UPS Power Module

b) General Cleanliness of UPS area

c) Replace air filters as applicable and necessary (parts if required are included at no charge under service agreements with full parts coverage, otherwise billable)

d) Clean outside of Power Systems including control panel/CRT screen

1. Battery Preventive Maintenance: The contractor shall perform the following Annual Services for the Eaton Valve Regulated (Sealed) Battery Systems for the FDR Montrose and Castle Point Campuses. Measure and record the following: Battery Preventive Maintenance

a. Individual cell/battery float voltages or overall float voltage

b. Charger output current and voltage

c. AC ripple current and voltage imposed on the battery

d. Internal ohmic values of each cell/battery or perform a continuity test of each cell/battery

e. Connection Resistance of 100% of the inter cell/battery connection

f. Ambient temperature and ventilation status

g. Negative terminal temperature of all cells/batteries

2. Visually inspect conditions and appearance of the following:

a) Connection terminals inter cell/battery connectors, cables and associated hardware

b) Cell/battery covers, containers, and post seals

c) Battery racks or cabinets and associated components and hardware for structural integrity

d) Inspect cleanliness / corrosion of batteries, cabinet, rack and area

e) Battery monitoring equipment (if present)

f) Cell/battery jar or cover, noting any excessive distortion

3. The contractor shall be responsible for performing the cleaning of all accessible surfaces as required.

4. The contractor shall be responsible for the performed yearly maintenance procedure, should include all of the above with the addition of the following:

A. Measure and record the connection resistance of 100% of the inter cell/battery connections.

B. Refurbish and re-torque any connection where the resistance is above 20% of the average.

5. The contactor shall perform the following maintenance services this is a 5 year contract:

A. Vendor shall provide and install AC input/output battery capacitors in January 2025 at Castle Point Campus and January 2024 at Montrose Campus for all the UPS serviced under this contract.

B. Vendor shall provide and install 40 – 12 V, 280W Batteries in January 2025 at Castle Point Campus and 80 – 12V, 280W Batteries in January 2024 at Montrose Campus for all the UPS serviced under this contract.

EQUIPMENT LIST:

A. The contractor shall be responsible for the service parts and labor coverage for the Eaton UPS Flex Onsite. The Electronics Corrective Maintenance Coverage and Battery inspection.

B.

C. Corrective Maintenance Coverage also including technical support coverage on all item listed below:

1. Eaton 3 Phase Power Systems, Model 9390 40-80, KVA – 50, KW – 45.

One unit at each campus (A total of two Power Systems units in the contract).

CONTRACTOR REQUIREMENTS:

1. The contractor must be certified by the manufacturer of the equipment in order to service the UPS.

2. The contractor shall inspect and service in accordance with the Easton PowerWare 9390 -40-80, KVA – 50, KW – 45 model, manufacturer recommendations, prevailing industry standards at local, state, national, and international (where applicable) codes including Joint Commission, and VHA Directive 1028 need to be inspected, tested, maintained, or calibrated every 36 months. American Society for Testing and Materials (ASTM) standards.

5. Performance Period: All work to be performed 7:30 AM to 4:00 PM, Monday thru Friday, unless off tours hours are required and determined by the COR in Castle Point campuses and the COR at the FDR Montrose Campus.

a. The contractor shall schedule maintenance visits with the COR. It is the COR’s responsibility to coordinate with all VA staff a minimum of seven business days in advance of the maintenance visit.

b. The contractor shall immediately report to the COR and Contracting Officer the nature and urgency for repair of any discrepancies found during the inspection or maintenance work performed.

SUBMITTALS/DELIVERABLES:

1. The contractor shall submit five (5) copies of all maintenance, test, inspection, repair and installation data/reports to the COR within five (5) business days. Various staff need to be aware of the maintenance and installation data/reports and testing updates.

2. A written report shall be submitted to the VA after each preventive maintenance and repair within 14 days of service completion.

SPECIAL INSTRUCTIONS:

3. Contractor Check-in: Upon arrival, the contractor shall check-in with the VA Police or authorized VA Medical Center attendant to receive an identification badge or sticker prior to performing services at the VA Hudson Valley Healthcare System and its associated CBOC’s. The contractor shall wear visible identification displaying name and company ID at all times while on the premises.

4. Documentation: At the conclusion of each repair and scheduled maintenance visit, the contractor shall provide a written service report indicating the date of service, the model, serial number, and location of equipment serviced, the name of the representative, and the services performed, and parts replaced and labor hours.

5. The reports shall be delivered to Engineering Service at Hudson Valley Healthcare System Montrose Campus Building 16, Room 31. An electronic copy may be emailed to the Engineering Service Point of Contact.

INSPECTION OF COMPLETED WORK:

Upon completion of the testing, maintenance, or repair service, the COR/POC will perform the inspection in the presence of the contractor personnel, prior to the contractor personnel leaving the facility. This inspection will ensure that all equipment is returned to full functioning condition. No invoices will be processed for payment prior to the completion of POC

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

FDR Montrose Campus-Uninterruptable Power Systems (UPS)

The Easton PowerWare 9390 -40-80, KVA – 50, KW – 45 are located at in the FDR Montrose Campus Building 26, 16, and building 3.

Contract Period: Base POP Begin: 07-01-2022 POP End: 06-30-2023

FDR (Electronics (UPS Power Module, DC, PDU) Corrective Maintenance Contract Period: Base

FDR Eaton UPS Flex Onsite service parts and labor coverage and technical support.

FDR Valve Regulated (Sealed) battery) System Maintenance

FDR Eaton UPS, DC, PDU, (Minor)) Performance Check

FDR Quarterly Preventive Maintenance Services

FDR Annual Preventive Maintenance Services

Castle Point -Uninterruptable Power Systems (UPS)

POP Begin: 07-01-2022 POP End: 05-31-2023 The Easton PowerWare 9390 Model -40-80, KVA – 50, KW – 45 located in the Castle Point campuses in building 9 server room 224

Castle Point (Electronics (UPS Power Module, DC, PDU) Corrective Maintenance

Castle Point Eaton UPS Flex Onsite service parts and labor coverage and technical support.

Castle Point Valve Regulated (Sealed) battery) System Maintenance

Castle Point Eaton UPS, DC, PDU, (Minor)) Performance Check

Castle Point Quarterly Preventive Maintenance Services

Castle Point Annual Preventive Services

FDR Montrose Campus-Uninterruptable Power Systems (UPS) located at in the FDR Montrose Campus Building 26, 16, and building 3.

Contract Period: Option 1 POP Begin: 07-01-2023 POP End: 06-30-2024

FDR (Electronics (UPS Power Module, DC, PDU) Corrective Maintenance Contract Period: Option 1

FDR Eaton UPS Flex Onsite service parts and labor coverage and technical support.

FDR Valve Regulated (Sealed) battery) System Maintenance

FDR Eaton UPS, DC, PDU, (Minor)) Performance Check

FDR Quarterly Preventive Maintenance Services

FDR Annual Preventive Maintenance Services

Castle Point -Uninterruptable Power Systems (UPS)

POP Begin: 07-01-2023

The Easton PowerWare 9390 Model -40-80, KVA – 50, KW – 45 located in the Castle Point campuses in building 9 server room 224

Castle Point (Electronics (UPS Power Module, DC, PDU) Corrective Maintenance

Castle Point Eaton UPS Flex Onsite service parts and labor coverage and technical support.

Castle Point Valve Regulated (Sealed) battery) System Maintenance

Castle Point Eaton UPS, DC, PDU, (Minor)) Performance Check

Castle Point Quarterly Preventive Maintenance Services

Castle Point Annual Preventive Services

FDR Montrose Campus-Uninterruptable Power Systems (UPS) located at in the FDR Montrose Campus Building 26, 16, and building 3.

Contract Period: Option 2 POP Begin: 07-01-2024 POP End: 06-30-2025

FDR (Electronics (UPS Power Module, DC, PDU) Corrective Maintenance Contract Period: Option 2

FDR Eaton UPS Flex Onsite service parts and labor coverage and technical support.

FDR Valve Regulated (Sealed) battery) System Maintenance

FDR Eaton UPS, DC, PDU, (Minor)) Performance Check

FDR Quarterly Preventive Maintenance Services

FDR Annual Preventive Maintenance Services

Castle Point -Uninterruptable Power Systems (UPS)

POP Begin: 07-01-2024

The Easton PowerWare 9390 Model -40-80, KVA – 50, KW – 45 located in the Castle Point campuses in building 9 server room 224

Castle Point (Electronics (UPS Power Module, DC, PDU) Corrective Maintenance

Castle Point Eaton UPS Flex Onsite service parts and labor coverage and technical support.

Castle Point Valve Regulated (Sealed) battery) System Maintenance

Castle Point Eaton UPS, DC, PDU, (Minor)) Performance Check

Castle Point Quarterly Preventive Maintenance Services

POP Begin: 06-01-2024

Castle Point Annual Preventive Services

FDR Montrose Campus-Uninterruptable Power Systems (UPS) located at in the FDR Montrose Campus Building 26, 16, and building 3.

Contract Period: Option 3 POP Begin: 07-01-2025 POP End: 06-30-2026

FDR (Electronics (UPS Power Module, DC, PDU) Corrective Maintenance Contract Period: Option 3

FDR Eaton UPS Flex Onsite service parts and labor coverage and technical support.

FDR Valve Regulated (Sealed) battery) System Maintenance

FDR Eaton UPS, DC, PDU, (Minor)) Performance Check

FDR Quarterly Preventive Maintenance Services

FDR Annual Preventive Maintenance Services

Castle Point -Uninterruptable Power Systems (UPS)

Castle Point (Electronics (UPS Power Module, DC, PDU) Corrective Maintenance

Castle Point Eaton UPS Flex Onsite service parts and labor coverage and technical support.

Castle Point Valve Regulated (Sealed) battery) System Maintenance

Castle Point Eaton UPS, DC, PDU, (Minor)) Performance Check

Castle Point Quarterly Preventive Maintenance Services

Castle Point Annual Preventive Services

FDR Montrose Campus-Uninterruptable Power Systems (UPS) located at in the FDR Montrose Campus Building 26, 16, and building 3.

Contract Period: Option 4 POP Begin: 07-01-2026 POP End: 06-30-2027

FDR (Electronics (UPS Power Module, DC, PDU) Corrective Maintenance Contract Period: Option 4

FDR Eaton UPS Flex Onsite service parts and labor coverage and technical support.

FDR Valve Regulated (Sealed) battery) System Maintenance

FDR Eaton UPS, DC, PDU, (Minor)) Performance Check

FDR Quarterly Preventive Maintenance Services

FDR Annual Preventive Maintenance Services

Castle Point -Uninterruptable Power Systems (UPS)

Castle Point (Electronics (UPS Power Module, DC, PDU) Corrective Maintenance

Castle Point Eaton UPS Flex Onsite service parts and labor coverage and technical support.

Castle Point Valve Regulated (Sealed) battery) System Maintenance

Castle Point Eaton UPS, DC, PDU, (Minor)) Performance Check

Castle Point Quarterly Preventive Maintenance Services

Castle Point Annual Preventive Services

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

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

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 90 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 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.5 MANDATORY WRITTEN DISCLOSURES

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

C.6 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.

[] 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.

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

[] 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)

OCT 2020

C.7 52.212-2 EVALUATION—COMMERCIAL ITEMS

In accordance with 52.212-2 award shall be made to the offeror whose proposal represents the best value to the government, considering technical capability, past performance, and price.

(a) Proposals will be determined by the best value offer. The government shall evaluate information based on the following evaluation criteria:

i. Technical capability to meet all of the requirements of the PWS, provide a maximum 20-page capability statement. Contractor documents shall use 12 pt. font, Times New Roman. All proposals must be received June 24, 2022 @ 9:00am via email and sent to Stacey.Fuqua@va.gov. Contractor must provide one redacted and one unredacted copy of their proposal Technical Capabilities. Contractor must address specifically the following evaluation:

ii. Training and Certifications: Service persons must retain and provide copies of all relevant permits/licenses and certifications. The following certifications must be submitted:

· OSHA 10-hour…