36C24519Q0658-000.docx

36C24519Q0658 FedBizOpps Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 J

PM AUTOMACTIC GENERATOR FED TRANSFER SWITCHES|

21090 36C24519Q0658 10-04-2019 N 335313 Department of Veterans Affairs Network Contract Office (NCO 5) 849 International Drive Linthicum, MD 21090

CHARLES WILLIS

Contract Specialist charles.willis@va.gov 10 N Greene Street Baltimore, MD 21201

USA

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. The contractor shall provide annual preventive maintenance on automatic generator fed transfer switches located at Baltimore, Perry Point, and Loch Raven VA Medical Centers in accordance with the attached statement of work. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as Request for Quotation (RFQ), solicitation number 36C24519Q0658. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2019-04 Effective August 7, 2019.

TIERED EVALUATIONS INCLUDING SMALL BUSINESS CONCERNS

This solicitation is being issued as a tiered evaluation for SDVOSB concerns, or in the alternative, a tiered evaluation for VOSB concerns, or in the alternative, a set‐aside for other small business concerns with HUBZone small business concerns and 8(a) participants having priority. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited

This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach. The U.S. Department of Veterans Affairs, VAHMCS, intends to award base year with four (4) one (1) option years, if exercised by the Government.

Contractors must be registered in System for Award Management at www.sam.gov and in VIP at https://www.vip.vetbiz.gov/ to be eligible for award and complete their online Representations and Certifications at www.sam.gov. The applicable North American Industrial Classification System (NAICS) code for this procurement is 541990, with a business size standard of $15 million.

The Offeror’s completion and submission of all proposal sections constitutes the Offeror’s acceptance of all terms and conditions in this solicitation. The Government will not reimburse the Offeror for anything associated with preparing and submitting proposals in response to this solicitation.

All proposal submissions in response to this solicitation must be received no later than the date and time specified on the SF1449. Offerors must submit proposals via email to the Contract Specialist, Charles Willis, via email at Charles.willis@va.gov. Late proposals will be processed in accordance with FAR 52.212-1(f), “Late submission, modifications, revisions, and withdrawals of offers”.

All inquiries shall be in writing, email inquiries to Charles.willis@va.gov. No phone calls will be accepted. Telephonically requested for information will not be accepted.

The solicitation and any amendment, if/when issued will be posted to http://www.fbo.gov. This will normally be the only method of distributing amendments prior to closing; therefore, it is the offerors responsibility to check the website periodically for any amendments to the solicitation.

See attached document 36C24519Q0658

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

512-20-1-641-0020 36C24519Q0658 09-27-2019 CHARLES WILLIS; charles.willis@va.gov 410-691-1328 10-0 -2019

3:00PM

Department of Veterans Affairs Network Contracting Office Charles Willis, Contract Specialist 849 International Drive Linthicum MD 21090 X 335313 1250 Employees N/A X Department of Veterans Affairs

VAMC (512)

10 N Greene Street Baltimore MD 21201 Department of Veterans Affairs Network Contracting Office (NCO 5) Charles Willis, Contract Specialist 849 International Drive Linthicum MD 21090

PAYMENT WILL BE MADE BY

OB-10.COM

USA HEADQUARTERS

1040 CROWN POINT PARKWAY

ATLANTA, GA 30338

770-698-1420 See CONTINUATION Page Contractor shall provide labor, transportation, tool, PPE and all needed materials to perform annual preventive maintenance on all automatic generator fed transfer switches for VAHMCS (Baltimore, Perry Point, and Loch Raven VA Medical Centers in accordance with attached Statement of Work.

Period of Performance: Base Year + Four (4) Option Years See CONTINUATION Page 512-3600162-641-854100-2543 010055590 X X X

ONE

CHARLES WILLIS

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:

1. Company Name:

1. Street Address:

1. City, State, & Zip:

1. Point of Contact/Title:

1. Telephone Number:

1. Fax Number:

1. Email:

1. Government Contract Administration will be handled by:

1. Contractor Remittance Address:

0. 52.232-33, Payment by Electronic Funds Transfer—System For Award Management,

0. Payments shall be made MONTHLY in arrears upon receipt of properly prepared invoices. Invoices shall be submitted through the OB-10 website http://ob10.com/us/en/veterans-affairs-us/ by the tenth of the month – Address: USA Headquarters, 1040 Crown Point Parkway, Atlanta, GA 30338. Phone No. 770-698-1420 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO. DATE

B.2 STATEMENT OF WORK

Statement of Work for Maryland VAMHCS For Annual PM on Automatic Transfer Switches.

Purpose: The purpose of this contract is as described in this statement of work. Vendor will supply highly skilled labor, transportation, tools, PPE and all needed materials to perform annual Preventive Maintenance on all of the automatic, generator fed transfer switches located at Baltimore, Perry Point and Lock Raven VA Medical Centers. This work will be done in order to satisfy JCAHO mandates and assure that, when needed, all automatic transfer switches will work as intended. List of all switches will be listed per site in this scope of work.

Background: Back up emergency generators are supplied at all hospital environments to provide electricity to the buildings in case of a power outage. Transfer switches are used, to not only monitor the in-coming commercially provided power, on power loss, they also start the generators and then transfer the power from the emergency generator to the building. Just as the transfer switches monitor the commercial power, they also monitor the emergency power to assure it is compatible with what the building needs. While in this process the transfer switch also assures that no power is feeding back into the grid. This could be deadly to an electrician or lineman working on the downed feeder lines. The shops test the transfer switches monthly but do not have the man power nor technical skills to service and preform needed yearly maintenance to the switches. This why this contract is being created General Requirements: Because the switches are very specialized pieces of equipment and may need to be serviced while they are still energized, only skilled, two man or more teams, will be able to work on them. Vendor must be able to provide proof that their employees are highly trained electricians and have at least 10 years or more experience as transfer switch technicians. Vendor must also prove that they are equipped with the proper testers, tools, parts and PPE to preform yearly Preventive Maintenance on the entire inventory of Transfer switches at all 3 locations. Vendors will need to prove that employees assigned to this project have had all needed OHSA mandated classes for electrical safety and be certified at CPR.

Specific Procedure to be accomplished:

1. De-energize the switchgear and engine start signals. On staff VA electricians will be responsible de-energizing power to transfer switches

2. Secure and lockout normal and emergency disconnects. (when allowed)

3. Remove the arc chutes and pole covers.

4. Verify and record all sensing and time delay functions in the switchgear.

5. Vacuum clean the accumulated dust from the switchgear and accessory panels.

6. Inspect for moisture or signs of previous wetness or dripping.

7. Remove dirt and grime with an approved solvent.

8. Clean and lubricate TS coil and operator linkage.

9. Inspect all insulating parts for cracks or discoloration due to excessive heat.

10. Inspect all main arcing contacts for excessive erosion.

11. Inspect all main current carrying contacts for pitting and discoloration due to excessive heat.

12. Perform contact resistance test on normal and emergency main contacts.

13. Inspect and clean all add-on panels and accessories.

14. Re-install arc chutes and pole covers.

15. Manually operate the main transfer movement to check proper contact alignment, deflection gap and wiping action and control contact operation.

16. Check all cable and control wire connections to the transfer switch control and sensing panel and other system components and tighten if necessary.

17. Reconnect Engine Start.

18. Re-energize the switchgear and conduct a test by simulating a normal source failure. On staff VA electricians will be responsible for re-energizing power to transfer switches,

19. Perform millivolt drop readings across normal and emergency main contacts during transfer test.

20. Download event log and ATS Settings (Group 5 Controller only)

21. Prepare Computer Generated Report* of inspection for each piece of equipment and submit to customer.

22. Prepare a quote to make any needed repairs to the respective VA being worked in. A quote must be submitted to COTR of contract with-in 30 days of completion of work on any transfer switch.

Needed on site repairs: In case the situation arises that “on the spot” repairs must be made during the PM procedure to put the switch back in service; prior approval must be given by the VA’s electric shop supervisor or higher management of the site’s engendering service. Follow up receipts must be submitted with the invoice when sent to OB-10 so payment can be rendered.

Work Scheduling: All work must be scheduled at least one month in advance. In order to adhere to VA regulations, a minimum of two weeks’ notice is needed for any utility shut down. Vendor will need to coordinate with respective facility electric shop supervisor or higher to schedule any work that will involve deenergizing the transfer switches. This must be done a month in advance.

Deliverable Schedule: The contractor shall have 45 days from the award date to start to schedule the work on the transfer switches.

Acceptance Criteria: Only teams of two or more skilled transfer Switch technicians will be allowed to work on these units. Helper(s) will be allowed to be part of the teams, but each team must have at least two skilled mechanics assigned to it and working.

Work Hours: All work shall “ideally” be performed between the hours of 7:00 a.m. to 5:30 p.m. Monday through Friday. However, because of the criticality of the switches and the importance of the circuits they supply power to, after business hours will be mandatory. Any work being performed outside the normal business hours or scheduled on Saturdays, Sundays, or Federal Holidays, must be pre-approved by the facilities Electric Shop Supervisor or higher management.

Place of Performance: The work shall be performed at Baltimore, Perry Point and Lock Raven VA Medical Centers. Location and identification of all transfer switches at listed below.

Period of Performance: Upon receipt of contract awarded date, the contractor shall as soon as practicable, commence any familiarization activities prior to actual work on the purchase order requested by the VA. However, within (45) calendar days after receipt of contract award date, the contractor shall be fully operational and capable of immediately starting work on the requested order. The project must be finished during the same calendar year that it is awarded.

IT Security/Privacy: In accordance with the VA Handbook 6500.6 titled Contract Security, this statement of work does not include any activity that pertains to VA sensitive information which is stored, generated, transmitted or exchanged by VA, a contractor, or a third party, or on behalf of any these entitles regardless of format or whether it resides on a VA system or contractor or subcontractor’s electronic information(s) operating for or on the VA’s behalf.

Parts/Labor Warranty: The vendor must guarantee that any transfer switch they preform maintenance on will be in working order before they leave it. The only exception will be if the transfer switch was not functioning before they started to work on it. It is up to the vendor to determine if the switch is in working order before they start work. Any supplied parts will be warrantied for one full year from date of install. The vendor will be responsible to assure that employees sent to the VA are skilled and competent.

Safety: The contractor must obey all Occupational Safety and Health Administration (OSHA) regulations while work is in progress. Vendor will assure that all employees assigned to work on this project will come to work sober and physically and mentally able to perform this potently dangerous work.

Contractor Compliance: The contractor shall assume full responsibility for compliance with all current Federal, State, City, and County laws, VHA M-1 Part VII Chapter 14, rules and regulations governing in keeping the area cleans from hazards materials after each day work is completed.

VA Point of Contact:

William McGlothlin Electric Shop Supervisor Perry Point VA Medical Center 138E, Bldg. 18H Perry Point, MD 21902 Work: (410) 642-2411 x5145 Fax: (410) 642-1853 Email: William.mcglothlin@va.gov

Auto Transfer Switch Nameplate Info for Lock Raven

K950592157 OT600 ONAN ATS 600A 480V NON BYPASS ATS 1 Bld. 1 Rm. G-17 J950590576 OT150 ONAN ATS 3P 150A ATS 2 Bld. 1 Rm. G-17 1597378-1 ZB4SB02231-07 Zenith BYP/ISO 225A, 480V ATS EQ Bld. 1 expansion Rm. O05 1597377-1 ZB4SB01031-07E616X ZENITH ATB 100A 480V ATS LS Bld. 1 expansion Rm. O05

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

CONTRACTOR SHALL PROVIDE HIGHLY SKILLED LABOR, TRANSPORTATION, TOOL, PPE AND ALL NEEDED MATERIALS TO PRFORM ANNUAL PREVENTIVE MAINTENANCE ON ALL AUTOMACTIC GENERATOR FED TRANSFER SWITCHES LOCATED AT BALTIMORE, PERRY POINT & LOCK RAVEN VA MEDICAL CENTERS IN ACCORDANCE TO STATEMENT OF WORK

512-20-1-641-0020 Contract Period: Base POP Begin: 11-01-2019 POP End: 10-31-2020

CONTRACTOR SHALL PROVIDE HIGHLY SKILLED LABOR, TRANSPORTATION, TOOL, PPE AND ALL NEEDED MATERIALS TO PRFORM ANNUAL PREVENTIVE MAINTENANCE ON ALL AUTOMACTIC GENERATOR FED TRANSFER SWITCHES LOCATED AT BALTIMORE, PERRY POINT & LOCK RAVEN VA MEDICAL CENTERS IN ACCORDANCE TO STATEMENT OF WORK Contract Period: Option 1 POP Begin: 11-01-2020 POP End: 10-31-2021

CONTRACTOR SHALL PROVIDE HIGHLY SKILLED LABOR, TRANSPORTATION, TOOL, PPE AND ALL NEEDED MATERIALS TO PRFORM ANNUAL PREVENTIVE MAINTENANCE ON ALL AUTOMACTIC GENERATOR FED TRANSFER SWITCHES LOCATED AT BALTIMORE, PERRY POINT & LOCK RAVEN VA MEDICAL CENTERS IN ACCORDANCE TO STATEMENT OF WORK Contract Period: Option 2 POP Begin: 11-01-2021 POP End: 10-31-2022

CONTRACTOR SHALL PROVIDE HIGHLY SKILLED LABOR, TRANSPORTATION, TOOL, PPE AND ALL NEEDED MATERIALS TO PRFORM ANNUAL PREVENTIVE MAINTENANCE ON ALL AUTOMACTIC GENERATOR FED TRANSFER SWITCHES LOCATED AT BALTIMORE, PERRY POINT & LOCK RAVEN VA MEDICAL CENTERS IN ACCORDANCE TO STATEMENT OF WORK Contract Period: Option 3 POP Begin: 11-01-2022 POP End: 10-31-2023

CONTRACTOR SHALL PROVIDE HIGHLY SKILLED LABOR, TRANSPORTATION, TOOL, PPE AND ALL NEEDED MATERIALS TO PRFORM ANNUAL PREVENTIVE MAINTENANCE ON ALL AUTOMACTIC GENERATOR FED TRANSFER SWITCHES LOCATED AT BALTIMORE, PERRY POINT & LOCK RAVEN VA MEDICAL CENTERS IN ACCORDANCE TO STATEMENT OF WORK Contract Period: Option 4 POP Begin: 11-01-2023 POP End: 10-31-2024

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 52.217-8 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 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 60 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 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(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 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 compliance with the subcontracting commitments.

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of . Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

C.9 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)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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 items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (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 (Oct 2018) (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. (OCT 2015) (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)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) 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…