36C24520Q0539_2.docx

36C24520Q0539 Contract Opportunity Combined Synopsis/Solicitation Notice

PRODUCT SERVICE CODE

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CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE/TIME/ZONE

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

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ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice J059 Maintenance, Inspection, and Testing of the Electrical Power Distribution System 21090 36C24520Q0539 07-20-2020

03:00PM

EASTERN TIME, NEW YORK, USA

N

SDVOSBC

238210 Department of Veterans Affairs

VAMC (512)

NCO 5

849 International Drive Linthicum, MD 21090 Contracting Officer Charles Willis Charles.Willis@va.gov Department of Veterans Affairs

VAHMCS

Perry Point, MD 21902

21902

USA

charles.willis@va.gov 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 electric distribution and testing at Perry Point, VA Medical Center 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 36C24520Q0539. 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, Perry Point, MD intends to award a period of performance of one (1) year contract.

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 238210, with a business size standard of $16.5 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 36C24520Q0539.

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

512-20-4-641-0159 36C24520Q0539 07-1 -2020 CHARLES WILLIS; charles.willis@va.gov 410-691-1328 07- -2020

03:00PM

Department of Veterans Affairs

VAMC (512)

NCO 5

849 International Drive Linthicum MD 21090 X X 238210 $16.5 Million N/A X Department of Veterans Affairs

VAMC (512)

VAMHCS

Perry Point MD 21902 Department of Veterans Affairs

VAMC (512)

NCO 5

849 International Drive Linthicum MD 21090

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 See CONTINUATION Page

CONTRACTOR SHALL PROVIDE MAINTENANCE, INSPECTION AND

TESTING OF THE ELECTRICAL POWER DISTRIBUTION IN ACCORDANCE

WITH THE ATTACHED STATEMENT OF WORK AT THE DEPARTMENT OF

VETERANS AFFAIRS PERRY POINT, MD.

NOTE: THIS SOLICITATION IS OPEN TO ALL SERVICE DISABLED

VETERAN OWNED SMALL BUSINESS (SDVOSB) AND VETERAN OWNED SMALL

BUSINESS (VOSB) USING TIERED EVALUATIONS.

PERIOD OF PERFORMANCE: ONE YEAR

See CONTINUATION Page 512-3600162-641-855100-2543 010055590 x X x

ONE

CHARLES WILLIS

Contracting Officer Table of Contents

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

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

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

Maintenance, Inspection, and Testing of the Electrical Power Distribution System at Perry Point

0. Scope of Work

1. This Statement of Work (SOW) describes the requirements for the maintenance, inspection, testing & calibration, infrared scanning and replacing breakers at the Perry Point VA Medical Center located at:

1. Perry Point site is multi-building campus with patient care buildings, administrative buildings, boiler plant, water treatment plant, chiller plant, fire department and police station. This medical center site does not have operating rooms or any intensive care units. There are 18 individual emergency generators to support patients’ buildings, clinical buildings, utility buildings and some administrate buildings. Electric Service is provided by Delmarva Power & Light Company on two feeders each at 35Kv. The VA’s main transformers step this down from 35KV to 4160V for the campus electrical distribution system. Some buildings are feed with 4160v, some are 277/480v and others are 120/208v. This SOW does not include any work on the VA substation, the substation breakers and the main two transformers on campus. These electrical items were recently tested in 2019.

1. Prior to commencement of the testing procedures, the testing contractor shall survey and catalog all components of the facility electrical distribution system as it relates to this scope of work. The above work may be conducted during normal working hours. The VA Facilities and Engineering Service furnish personnel knowledgeable of locations, access points and general characteristics of electrical equipment for the entire duration of the project and where necessary.

1. The term COR is the VA Contracting Officer Representative.

1. Most of the work will need to be performed after normal business hours 7:00pm to 5:00am Monday-Thursday, 10-hour day. Some of the work can be performed can be performed during normal business hours 7:00am to 4:00pm. Some work can be performed on weekends from 7:00am – 4:00 pm at the approval of the Contracting Officer Representative (COR).

1. The contractor shall submit to the COR a work schedule for the day-to-day testing for approval before testing can start. Allow 5-days for the VA to review and approve.

Work Schedule to include:

0. Dates & Time

0. Type of Testing: Breakers, replacing Breakers, Transformers, Infrared Scanning

0. Location: building number and

0. Provide estimated power outage down time for each task, if any.

1. Contractor Badging: contractor and subcontractors will need to submit badging application and get fingerprinted by VA police & security office for a background check. This process can take 3-6 weeks before receiving badges. This is required before contractor and sub-contractor can work on site. The COR will provide the required paperwork for the badging process. Until contractor has acquired badging, contractor may have access to the facility site with a VA escort. This will need to be a coordinated.

1. Electrical items are sorted by Lists:

List A Breakers to be Tested (57 ea.)

List A.1 Breakers to be Replace (18 ea.)

List B Transformers to be Tested (70 ea.)

List B.1 Transformers replace oil (4 ea.)

List C Infrared Scan Electrical Panels (90 ea.)

List D Transformer Report by: ACV ENVIRO Sept-27-2019

1. The “bad” breakers to be replaced with a reconditioned breaker are shown on list A.1, “Breakers to be replaced”. The bad breakers will remain the property of the VA. The contractor will place a label on each “bad” breaker to include date removed, building number or location, room number, panel ID.

1. Reconditioned breakers: For this SOW the term ‘reconditioning’ is defined as “the process of returning electrical equipment to a safe operating condition as recommended by the original equipment manufacturer’s instructions or industry standards and tested by recognized industrial testing standards.” Dated calibration label shall be visible on reconditioned breaker and the breaker is to include 1-year warranty.

1. The VA will provide (2) electrician to operate VA owned emergency generators, provide switching for breakers and transformers. A VA representative will be assigned to oversee breaker testing operations and shutdown coordination with medical staff.

1. The contractor will submit a safety plan for approval to the COR which needs to include a lockout-tagout policy for this job and at a minimum the lockout-tagout needs to follow OSHA standards. The safety plan will need to include where the contractor and sub-contractors shall be equipped with 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 Standards and NFPA 70E.

1. The contractor will have access to 480V, 200-amp service and a work area to test the breakers in building 23H – high voltage vault room. This area has been used before for breaker testing. Contractor will need to transport the breaker to/from the testing location.

1. The contractor will notify in writing to the COR if any VA equipment is requiring immediate attention; breakers, transformers and from inferred scanning. This notification will be by the next business day.

1. If a breaker should fail while being tested, the contractor will work with local suppliers and VA staff to find a replacement breaker in a timely manner. The cost associated with replacing any of the existing breakers that my fail during testing will be VA’s responsibility.

1. Dated calibration labels shall be visible on all test equipment.

1. QUALIFICATIONS OF TESTING CONTRACTOR

1. The testing contractor and any sub-contractors shall be regularly engaged in the testing of electrical equipment devices, installations and electrical distribution systems.

1. A lead on site electrical technician shall be on site during all work. The lead on-site technical person shall have been certified by the International Electrical Testing Association (NETA) or National Institute of Certification in Engineering Technologies (NICET) in electrical power distribution system testing or approved equal. And have minimum of (10) continuous years of experience in electrical power distribution.

1. The testing contractor and any sub-contractors shall utilize technicians who are regularly employed by the firm for testing services.

1. Testing contractor and any sub-contractors shall have technical trainings, and track records of working experience in maintenance, inspection, and testing of the Electrical Power Distribution System and its components in healthcare, industrial, educational, and commercial facilities for a minimum of five (5) continuous years.

1. Testing contractor and any sub-contractors shall have safety trainings – either on-the-job or class-room type - in electrical safety outlined in the OSHA Standard 29 Code of Federal Regulations (CFR) 1910 Subpart S – Electrical, and the NFPA 70E – Standard for Electrical Safety in the Workplace. Training certifications shall be submitted to the VA 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.

1. Contractors and any sub-contractors shall have ready access to the latest versions of the following references:

0. NFPA 70, National Electrical Code.

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

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

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

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

0. Inter-National Electrical Testing Association, Inc. (NETA) – Maintenance and Testing Specifications.

0. Operating /Maintenance manuals and specifications of the electrical equipment to be maintained and tested. These documents may be obtained from the VHA Medical Center, or the equipment manufacturers.

1. Contractors and any sub-contractors shall be equipped with 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.

1. TESTING AND EQUIPMENT LIST

2. Infra-red Scanning The inferred scanning work will need to be done while panel is energized, and panel cover removed. The contractor will be responsibile to remove the panel cover while panel is energized. Contractor shall be equipped with all necessary Personal Protective Equipment (PPE) to perform the work safely and comply with the requirements of OSHA. Objective of this work is to detect any loose, broken, or corroded connections in the panel. Where scan indicates lose and/or hot connections the contractor shall tighten connections and re-scan. The VA will coordinate outage so contractor can tighten connection. All infrared scanning to be performed is shown on list-C “Inferred Scanning”. The contractor will need to submit to the COR a “electrical hot work permit” before removing electrical panels covers. The “electrical hot work permit” will need to include energized electrical work plan and the “Elements of Hot Work Permit” identified in NFPA 70E. Each “electrical hot work permit” request will be good for only 5-days, then the Contractor will need to submit a new request. Contractor will need to submit to the COR the manufacture documentation for the type of inferred-camera scanner to be used.

2. Breaker Testing

1. Service low voltage (600 V and less) air circuit breakers

0. Primary Injection

0. Remove unit where possible.

0. Clean and inspect connections points.

0. Remove arc chutes for cleaning and inspection.

0. Inspect and adjust where possible contact pressure, wipe and alignment.

0. Measure contact resistance.

0. Perform insulation resistance testing.

0. Clean, inspect, lubricate and exercise all mechanical mechanisms.

0. Check all control wiring.

0. Perform high current primary injection testing.

0. Clean unit and housing.

0. Check all insulation details

0. Check bus bracing.

0. Check all current carrying parts for corrosion and overheating.

0. Tighten exposed connections.

0. Check all wiring and control devices.

· Secondary Injection

14. Remove unit where possible.

14. Clean and inspect connections points.

14. Remove arc chutes for cleaning and inspection.

14. Inspect and adjust where possible contact pressure, wipe and alignment.

14. Measure contact resistance.

14. Perform insulation resistance testing.

14. Clean, inspect, lubricate and exercise all mechanical mechanisms.

14. Check all control wiring.

14. Perform secondary injection testing on solid state over current device.

14. Clean unit and housing.

14. Check all insulation details

14. Check bus bracing.

14. Check all current carrying parts for corrosion and overheating.

14. Tighten exposed connections.

14. Check all wiring and control devices.

0. . Service medium voltage (601 V to 5,000 V) vacuum circuit breakers.

0. Remove unit.

0. Service bus connections.

0. Check control wiring.

0. Measure contact resistance.

0. Perform insulation resistance testing.

0. Perform vacuum bottle integrity test as per manufacturer’s specifications.

0. Clean, inspect, lubricate and exercise all mechanical mechanisms.

0. Electrically operate breaker.

0. Trip breaker via protective relays.

0. Clean unit and housing.

4. Service molded case circuit breakers

· Primary Injection

0. Clean, inspect and exercise unit.

0. Measure contact resistance.

0. Perform insulation resistance testing.

0. Perform high current injection testing.

0. Tighten all connections and mounting hardware

0. Clean housing.

· Secondary Injection

5. Clean, inspect and exercise unit.

5. Measure contact resistance.

5. Perform insulation resistance testing.

5. Perform secondary injection testing on solid state trip devices.

5. Tighten all connections and mounting hardware

5. Clean housing.

5. Service all oil filled transformers.

0. Tighten all connections.

0. Check bushings and mounting hardware.

0. Check gauges (where applicable).

0. Check tap changer.

0. Perform turn to turn ratio test.

0. Perform insulation resistance test on primary and secondary windings

0. Perform polarization index test on units 500 KVA and larger.

0. Perform capacitance and dissipation factor analysis (Doble).

0. Check fan operation (where applicable).

0. No oil sampling is required. Oil sampling was completed in 2019.

Sample results data include with List D, “Transformer Report by ACV ENVIRO Sept-27-2019”

1. Test Report:

The contractor shall furnish (2) hard copies in 3-ring binder(s) and organized. Contractor to provide (1) electronic copy. The test report to be submitted within 40-days after the completion of the testing.

All reference materials shall be included in the report. Information shown in the report shall be as following:

0. Company’s name, address, project manager name, phone number and email address.

0. Copy of the contract.

0. Name of contractor and sub-contractor(s) who perform the maintenance and testing.

0. Copies of contractors’ and sub-contractor valid licenses, professional and training certificates.

0. List of breakers tested, field service report and final test data.

0. List of reconditioned breakers installed include; field service report, manufacture documentation for each recondition breaker.

0. List of transformers tested, field service report and final test data.

0. List of panels that were inferred scanned and the findings from the inferred scan. Include digital photos for the panels that were flagged as needed attention.

0. Provide a section of remarks on conditions of electrical items tested and include list of all deficiencies.

0. Provide recommended corrective actions for each of the deficiencies.

Attachments for this Scope of Work:

List A Breakers to be Tested (57 ea.)

List A.1 Breakers to be Replace (18 ea.)

List B Transformers to be tested (70 ea.)

List B.1 Transformers replace oil (4 ea.)

List C Infrared Scan Electrical Panels (90 ea.)

List D Transformer Report by ACV ENVIRO Sept-27-2019

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Maintenance, Inspection, and Testing of the Electrical Power Distribution System at Perry Point

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

SECTION C - CONTRACT CLAUSES

C.1 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204–7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ‘‘doing business as’’ name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in SAM;

(B)Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at www.sam.gov.

C.2 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.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause)

C.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: Department of Veterans Affairs as to electrical distribution and testing.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Provision) C.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.

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

[X] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

[]…