36C24423Q0175_1.docx

SUBJECT*

GENERATORS/ELECTRICAL | FY23 Electrical Testing and Maintenance

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 4 Services 1 1010 Delafield Rd

POINT OF CONTACT*

Contract Specialist Don Caldwell don.caldwell@va.gov 412-822-1007

PLACE OF PERFORMANCE

1700 South Lincoln Ave

Lebanon PA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Contracting Office Address 1010 Delafield Rd, Pittsburgh PA 15215

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C24423Q0175.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-07 effective 10 AUG 2022, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at FAR | Acquisition.GOV.

This Solicitation is being competed as Unrestricted. The NAICS Code is 334515 - Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals and Product Service Code (PSC) is J061 – Maintenance, Repair, and Rebuilding of Equipment – Electric Wire and Power Distribution Equipment, and the business size standard is N/A

The Pittsburgh, PA Contracting Office is seeking for Electrical Testing & Maintenance – Lebanon VAMC. The Statement of Work (SOW) / Performance Work Statement (PWS) is provided.

Service Contract Act Wage Determination No. 2015-4231 Rev 20 dated 27JUN22, applies to this acquisition and will be incorporated into the resulting contract. A copy of the Wage Determination is included with this solicitation as an attachment.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in “36C24423Q0175.” All offerors are advised to pay careful attention to the quote submission instructions as there are very specific instructions as what is required to be provided.

The period of performance (POP) is estimated to be 01/03/2023 – 05/01/2023.

Any award resulting from this solicitation will be issued on a Standard Form 1449.

NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database. Registration may be done online at: www.acquisition.gov or www.sam.gov.

Contractors are advised that any and all questions concerning this solicitation must be sent in writing to the Contracting Office at NCO 4, Pittsburgh, PA. Questions may be sent via email to Don Caldwell at don.caldwell@va.gov. No questions will be answered after 19DEC22 @10:00 AM EST.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the contract specialist. Don Caldwell at don.caldwell@va.gov

Point of Contact Don Caldwell Contract Specialist Service 1 (Physical Plant Support Service) Department of Veterans Affairs/Service Area Office East/Network Contracting Office 4 1010 Delafield Rd, Pittsburgh PA 15215.

Don.caldwell@va.gov

A.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C244 April Stanch Department of Veterans Affairs Network Contracting Office 4 Services 1 1010 Delafield Rd Pittsburgh PA 15215

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:

Performance Work Statement / Statement of Work (PWS / SOW) Maintenance, Inspection, and Testing of the Electrical Power Distribution System

1. Background

A. The objective of this requirement is to comply with VHA Directive 1028 by providing maintenance to the Electrical Power Distribution System and all its components at the Lebanon Veterans Affairs Medical Center (LVAMC). These work items are referenced as "Maintenance and Testing" in this document, hereafter.

2. Objectives

A. The primary objective is to deliver and provide the necessary material; and to render the necessary service to accomplish the vision of this acquisition by:

i. Providing qualified Electrical Contract Professionals.

ii. Comply with VHA Directive 1028 and the Lebanon VA Medical Center standards.

3. Scope of Work

A. The contractor shall provide all resources necessary to accomplish the deliverables described in this Performance Work Statement (PWS), except as may otherwise be specified. And to help in providing the safest environment possible for the Veteran patient population we serve.

B. The contractor to be contracted by LVAMC to perform maintenance and testing of the Electrical Power Distribution System, and all its components shall meet all requirements stated in Section IV of this PWS.

C. The contractor shall supply Lebanon VA Medical Center with two weeks notice before any shutdowns can occur. The contractor shall also coordinate with the Lebanon VA Medical Center, Electrical Shop Supervisor, daily, prior to starting any work. Contractor shall also supply an end of work day report on the work that was completed that day.

D. The PWS also describes the requirements to establish maintenance and testing reports.

4. Technical Requirements:

A. The Contractor shall be experienced Electrician, having properly trained and licensed permanent staff required to perform the proposed work. Electrical Contracting (i.e. the construction, repair, testing and maintenance of industrial and commercial electrical distribution systems) shall be the primary interest/specialty of the contractor's business.

B. The Contractor shall be certified by the International Electrical Testing Association (NETA) or equivalent certifying organization as Certified Technicians with each having completed the Occupational Safety & Health Administration (OSHA) approved 10-hour construction safety training.

C. Shall have technical training and demonstrable track records of working experience in maintenance, inspection, and testing of the Electrical Power Distribution Systems and related components in healthcare, industrial, educational, and commercial facilities for a minimum of five (5) continuous years. Electrical components on which the contractor have experience shall include, but not be limited to, switchboards & switchgear (low and medium voltage); low voltage controls; emergency and standby generators; automatic transfer switches, wiring, transformers, meters, and other electrical appurtenances.

D. The Contractor shall have safety trainings either on-the-job or classroom type in the followings:

i. Electrical safety outlined in the OSHA Standard 29 Code of Federal Regulations (CFR) 1910 Subpart S — Electrical;

ii. And the NFPA 70E — Standard for Electrical Safety in the Workplace.

Training certification shall be provided indicating each technician is a Qualified Person as defined by NFPA 70E. Training certification shall be submitted to the Contracting Officer prior to work. If no training certifications are available, The contractor' Employer shall certify that he/she has met this requirement in writing, and submit it to the VA Contracting Officer prior to work.

E. The Contractor shall have ready access to the latest versions of the following references:

i. NFPA 70, National Electrical Code.

ii. NFPA 70B, Recommended Practice for Electrical Equipment Maintenance.

iii. NFPA 70E, Standard for Electrical Safety for the Workplace.

iv. NFPA 110, Standard for Emergency and Standby Power System.

v. OSHA Standard 29 CFR 1910, Subparts I & S.

International Electrical Testing Association, Inc. (NETA) —Maintenance and

vi. Testing Specifications.

vii. Operating /Maintenance manuals and specifications of the electrical equipment to be maintained and tested. These documents may be obtained from the LVAMC, or the equipment manufacturers.

viii. VHA Directive [2006-056] [1028], Electrical Power Distribution System.

F. The Contractor shall have and provide all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely. Tools, equipment, and PPE shall comply with the requirements of OSHA Standard 29 CFR 1910, Subpart I, and NFPA 70E. Prior to initiating work, The Contractor shall provide documentation that all instruments, test equipment, tools and PPE have current calibration. Dated calibration labels shall be visible on all instruments, test equipment, tools and PPE as appropriate.

5. General Requirements:

A. The contractor shall provide a proposed schedule with their quote. The schedule shall be in the form of a progress chart of suitable scale to indicate the work scheduled for completion by any given date during the work period. The proposed schedule shall be reviewed by the LVAMC [Facilities Management] [Engineering Service]; any requirements for adjusting the schedule (e.g. to minimize disruption to the LVAMC) shall be incorporated by the contract. Contractor shall plan for off hours work and weekends to meet the needs of the medical center.

B. The Contractor shall report deficiencies that are deemed critical or catastrophic immediately to the Contracting Officer and Chief of [Facilities Management] [Engineering Service] for immediate actions.

C. REPAIRS

i) The vendor shall furnish the TPOC with a written estimate of the cost to make necessary repairs. The repair work shall be authorized by the TPOC and Contracting Officer prior to commencing work. Email is an acceptable form of written approval.

Any work performed without CO and Government TPOC approval shall not be approved for payment and considered an Unauthorized Commitment. The Government reserves the right to obtain these services from a different vendor.

Funding under the repair schedule of this contract must be available prior to beginning work.

ii) Repairs not to exceed $25,000.00 will be classified as repairs. s. A report documenting the corrective actions taken shall be provided to the TPOC within 30 days of repair completion.

D. Work items, definitions, and references shall comply with the latest edition of the NETA — Maintenance Testing Specifications (MTS), the VHA Directive, Electrical Power Distribution System, and manufacturers guidelines. Attached is a list of electrical equipment that shall be maintained and tested.

6. Government furnished (See Appendix | Attachments 1, 2, 3, 4) A. Inventory of Electrical Power Distribution System equipment to be maintained, inspected, and tested under this Scope of Work.

B. One-line and other informational drawings of the Electrical Power Distribution System. These drawings are not certified as-built drawings.

Emergency Management Program Guidebook. https://www.va.gov/EmergencyManagementProgram

C. Electrical Power System study information relevant to the scope of this effort, such as coordination study data, short-circuit analysis, arc-flash hazard analysis and available protective device setting information. Not all information is available due to age of facility.

7. Infra-Red Scanning/Thermographic Survey shall be performed on electrical equipment.

A. Use an infra-red scanning camera to detect hot spots in the Electrical Power Distribution System. Objective of this work is to detect any loose, broken, or corroded connections in the system. Problem connections shall be replaced with new connectors, and/or tightened with torque wrench to meet the equipment manufacturers' specifications. Problems that are identified at scanning are to be corrected at a scheduled shutdown. Infra-red scanning of normal power can be completed during normal day time hours. Infra-red scanning of emergency distributions and generators shall be completed while emergency power is in operation during the cleaning of the primary equipment.

B. Note that since this work item shall be done while the Electrical Power Distribution System is energized, appropriate safety precautions shall be taken before, during and after scanning the system. Follow the latest NFPA 70 E requirements.

8. System Function Tests. Provide function test for all equipment listed in this PWS.

A. Test Conditions

ii. During performance of work, if any concerns, issues, and/or problems exist, notify LVAMC staff immediately and assist with troubleshooting and correcting the item discovered before energizing of the electrical equipment and/or system.

B. Testing and Reports Summary of Work:

i. The contractor shall provide function test for all equipment listed in this PWS.

ii. The contractor shall complete written report of the work performed. The report shall be provided to the VA within thirty 30 days of completion. Information shown in the report shall be as following:

(a) Company's name, addresses, telephone, & FAX numbers.

(b) Name and signature of the contractor who perform the maintenance and testing.

(c) VA Work Contract Number, name and number of VA Contracting Officer.

(d) Date and Time of work.

Copies of Contractor's valid licenses, professional and training certificates.

(e) Descriptions and model number of specialized tools and equipment used, such as torque wrench or infra-red scanning camera.

(f) Location, Type, Name, and nameplate information of electrical equipment to be maintained and tested.

(g) Descriptions of work items.

(h) Test data.

(i) Reference materials such as equipment manufacturer's specifications, coordination study, etc.

(j) Remarks on conditions of electrical equipment. List all deficiencies, if any.

(k) Recommended corrective actions, if any.

iii. The contractor shall Submit four (4) hard copies of the complete written report to Contracting Officer within thirty (30) calendar days after accomplishing the full inspection.

iv. Submit four (4) hard copies of the complete written report, and one (1) CD-ROM or DVD of the electronic version of the report in Microsoft Word format to the Chief of [Facilities Management] [Engineering Service] within thirty (30) calendar days of visit. All reference materials shall be included in the electronic version of the report, either through scanning or other means of electronic text import methods.

9. Reassignments

A. The contractor shall utilize, on this Contract, only workers that are skilled in the tasks to which they are assigned. Engineering Department Service retains the right to require the reassignment of an employee or employees as they may deem necessary. Reasons for this request may be but are not limited to poor work performance, incompetence, and carelessness, disruptive or otherwise objectionable behavior. The demand for reassignment is in no way a call for dismissal. It is just a request for the individual to be reassigned away from the Lebanon VA Medical Center.

10. Quality Assurance

A. The contractor will be evaluated in accordance with the Quality Assurance Surveillance Plan (QASP) (See Appendix | Attachment# 6). The TPOC or assigned staff will managing the contractor’s performance assessment, ensuring that systematic quality assurance methods validate that the contractor’s quality control efforts are timely, effective, and are delivering the results specified in the contract or task order.

11. Other Considerations

A. Contract Award Meeting: The contractor shall not commence performance on the tasks in this PWS until the CO has conducted a kick off meeting, or has advised the contractor that a kick off meeting is waived.

B. Technical Point of Contact (TPOC): The Technical Point of Contact shall be the technical point of contact for all work-related requirements. The TPOC does not have authorization to change, alter, or remove any requirements stated in the performance work statement. The Contracting Officer is the only government authorized person to change the performance work statement or any resultant contract

12. Delivery A. The contractor’s shall provide services of electrical maintenance within thirty (30) days of awarded contract or otherwise directed by the Contacting Officer.

i. Services shall be coordinated with the designated TPOC

ii. The projected period of performance is estimated to be 03JAN23 – 01MAY23.

iii. The place of performance is 1700 South Lincoln Ave, Lebanon, PA 17042.

Appendix Attachments# 1: Medium Voltage Switch

Attachments# 2: Main Distribution Panal

Attachments# 2: Main Distribution Panal (Continue)

Attachments# 2: Main Distribution Panal (Continue)

Attachments# 3: Electrical Distribution Panel

Attachments# 4: Transformers

Attachments# 5: Automatic Transfer Switches |UPS| Generators Attachments# 5: Automatic Transfer Switches |UPS| Generators (Continue)

Attachments# 5: Automatic Transfer Switches |UPS| Generators (Continue)

Main Substations:

(6) Cutler Hammer FC-VR-500 Vacuum Circuit Breakers

(6) Eaton FP-5000

(2) ABB-CP Relays

(1) Battery Bank

Attachments# 6: Quality Assurance Surveillance Plan (QASP)

Tailor to specific procurement. Consider the performance measures the VA may have for the service the procurement involves

Method

Attachments# 6: Quality Assurance Surveillance Plan (Continue)

CPAR RATINGS ASSIGNED TO QASP ITEMS:

Metrics and methods are designed to determine rating for a given standard and acceptable quality level. The following ratings shall be used (Reference: CPARS User Manual https://www.cpars.gov/pdfs/CPARS-Guidance.pdf p. A2-1):

Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Note: To justify an Exceptional rating, you should identify multiple significant events in each category and state how it was a benefit to the GOVERNMENT. However a singular event could be of such magnitude that it alone constitutes an Exceptional rating. Also there should have been NO significant weaknesses identified.

Note: To justify a Very Good rating, you should identify a significant event in each category and state how it was a benefit to the GOVERNMENT. Also there should have been NO significant weaknesses identified.

Note: To justify a Satisfactory rating, there should have been only minor problems, or major problems the contractor recovered from without impact to the contract. Also there should have been NO significant weaknesses identified.

Attachments# 6: Quality Assurance Surveillance Plan (Continue)

DOCUMENTING PERFORMANCE

a. The Government shall document positive and/or negative performance. Any report may become a part of the supporting documentation for any contractual action and preparing annual past performance using CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR).

b. If contractor performance does not meet the Acceptable Quality level, the CO shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the CO shall document the discussion and place it in the contract file. When the TPOC and the CO determines formal written communication is required, the TPOC shall prepare a Contract Report (CR), and present it to CO. The CO will in turn review and will present to the contractor's program manager for corrective action.

The contractor shall acknowledge receipt of the CR in writing. The CR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CR will also state how long after receipt the contractor has to present this corrective action plan to the CO. The Government shall review the contractor's corrective action plan to determine acceptability. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance and the acceptability of the Contractor’s corrective action plan.

Any CRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO. See Sample CR below.

TPOC AND CONTRACTOR ACKNOWLEDGEMENT OF QASP

SIGNED:

TPOC NAME/TITLE DATE

SIGNED:

CONTRACTOR NAME/TITLE DATE

Attachments# 6: Quality Assurance Surveillance Plan (Continue)

Attachment #7: Single Line Electrical Diagram

Page 1 of

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

The contractor shall provide testing and maintenance of the electrical power distribution system and components located throughout the campus.

Contract Period: Base POP Begin: 01-03-2023 POP End: 05-01-2023

Repairs IAW Section 5, C of the SOW. Services provided are estimated, actual usage under this CLIN will vary. This CLIN will be funded as needed, any unused funding will be de-obligated at the end of the performance period. (Estimated hours under this CLIN are 75 and estimated total services inclusive of labor and parts are NTE $25,000.) Hourly rates for services under this CLIN are as follows:

Provide General Electrician hourly rate: _______

Contract Period: Option 1 POP Begin: 01-03-2023 POP End: 05-01-2023

A.3 DELIVERY SCHEDULE

Lebanon VAMC 1700 South Lincoln Ave Lebanon, PA 17042

USA

Lebanon VAMC 1700 South Lincoln Ave Lebanon, PA 17042

USA

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by TPOCs or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their TPOC or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

NOV 2021

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:

A.4 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause— United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of Clause) A.5 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.

[] 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.

[] 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)

A.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

A.7 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)

(End of Addendum to 52.212-4)

A.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION AUG 2020) (31 U.S.C. 3903 and 10 U.S.C 2307).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.