36C24524Q0292_1.docx

36C24524Q0292

GENERAL INFORMATION

VAMC (512)

RPO EAST /NCO 5

849 International Drive Linthicum, MD 21090

POINT OF CONTACT*

Contract Specialist

CHARLES WILLIS

charles.willis@va.gov

PLACE OF PERFORMANCE

510 BUTLER AVE

MARTINSBURG, WV 25405

POSTAL CODE

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Combined Synopsis/Solicitation: This opportunity is set aside for 100% SDVOSB. The contractor shall provide all transportation, labor, tools, materials, equipment, supervision, and laptops with the software necessary to conduct preventative maintenance on eleven (11) Caterpillar Generators. in accordance with the Statement of Work as identified in the solicitation at the Department of Veterans Affairs, Martinsburg, WV VA Medical Center.

This is a “request for quotations (RFQ). The associated NAICS code for procurement is 811310 with a size standard of $12.5 million.

As a result of the solicitation, the Government intends to award for one year (12 months).

Prospective SDVOSB must be registered and current in U.S. Small Business Administration (SBA VetCert) at Veteran Small Business Certification (sba.gov) and beta.Sam.gov, https://beta.sam.gov to be eligible for award. Only contractors currently verified and certified in VIP are eligible to submit quotation. Contractors that submit quotation for SDVOSB set asides that are not listed in VIP will be deemed non-responsive.

All quotes shall be submitted via email by March 14, 2024, at 2pm, EST. All interested contractors shall submit quotation via email to Contracting Officer, Charles.willis@va.gov. Prospective contractors are responsible for downloading attachments, and any issued amendments from https://beta.sam.gov. ST. Late proposals will be processed in accordance with FAR 52.212-1(f), “Late submission, modifications, revisions, and withdrawals of offers.”

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

126-24-2-5133-0023 36C24524Q0292 3-0 -2024 CHARLES WILLIS; charles.willis@va.gov 410-691-1328 03-1 -2024

PM

EDT

36C245 Department of Veterans Affairs

VAMC (512)

RPO EAST / NCO 5

849 INTERNATIONAL DRIVE

LINTHICUM MD 21090

X X 811310 $12.5 Million N/A X 36C245 Department of Veterans Affairs

VA MEDICAL CENTER

510 Butler Avenue Martinsburg WV 25405 36C245 Department of Veterans Affairs

VAMC (512)

RPO EAST / 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 ALL TRANSPORTATION, LABOR, TOOLS,

MATERIALS, EQUIPMENT, SUPERVISION, AND LAPTOPS WITH THE

SOFTWARE NECESSARY TO CONDUCT PREVENTATIVE MAINTENANCE ON

ELEVEN (11) CATERPILLAR GENERATORS PER THE SOW.

PERIOD OF PERFORMANCE: MARCH 18, 2024 TO MARCH 17, 2025

Contractor shall be responsible for the correct title Classification of workers and compliance with all applicable Wage and hour laws.

See CONTINUATION Page

126-3640162-5133-806800-2670 SPGCH00A1

X X X

ONE

CHARLES WILLIS

NCO516L2-2280

Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer, Charles Willis Department of Veterans Affairs

VAMC (512)

RPO EAST / NCO 5

849 INTERNATIONAL DRIVE

LINTHICUM MD 21090

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

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B.2 STATEMENT OF WORK

Part I: General Information

A. Introduction

VHA Office of Emergency Management (OEM) Logistics is responsible for maintaining, sustaining, and exercising National Assets that provide additional infrastructure to Veteran Affairs Medical Centers in a time of need. These National Assets utilize generators as primary power or backup power. Therefore, VHA OEM has a need for a generator maintenance contract.

B. Background These National Assets allow medical providers to continue caring for Veterans when brick-and-mortar buildings are compromised or under construction. The units can receive power from a known power source, i.e., commercial power as well as generator power. Commercial power is interrupted for days, if not weeks, during a disaster. When commercial power is unavailable, generators provide a power source, allowing Veterans to receive the medical care they deserve. The generators that provide power to these National Assets are Caterpillar XQ230 C7.1 model, and the generator is model LC5034H.

Caterpillar software is a proprietary program needed to update the onboard computer systems in the generator. Non-Caterpillar dealers do not have access to this software.

C. Scope

1. The contractor shall provide all transportation, labor, tools, materials, equipment, supervision, and laptops with the software necessary to conduct preventative maintenance on eleven (11) Caterpillar Generators. All preventative maintenance on the generators shall comply with the National Fire Protection Association (NFPA) 110 Standard for Emergency and Standby Power Systems, 99 Health Care Facilities Code, and 70 National Electrical Code; and the National Electrical Code (NEC) 517 Health Care Facilities, article 700 Emergency Systems, and article 701 Legally Required Standby Systems. Minor PM and Major PM shall be completed as required by manufacturers’ specifications and scheduled by the COR.

2. The contractor shall provide all transportation, labor, tools, materials, equipment, supervision, and laptops with the software necessary to provide preventive maintenance, service, service inspections and conduct annual 2-hour load bank tests on all eleven (11) Caterpillar generators. The load bank test shall be at least for two (2) hours at an incremental load, starting at 25% for 30 minutes, 50% for 30 minutes, 75% for one (1) hour. Each load bank shall have a documented 5-minute warm-up and cool-down time. This will be performed on the eleven (11) generators. Seven (7) of these generators are located at the Martinsburg VA Medical Center Campus located at 510 Butler Avenue, Martinsburg, WV, and the remaining four (4) are located at Elite Aluminum Corporation located at 5225 Lyons Technology Parkway, Coconut Creek, FL.

These generators are mounted on trailers and have the potential to be deployed anywhere within the lower 48 United States. VHA OEM will notify the vendor when the generator deploys and the hours that the generator has run under load so that arrangements can be made to have the manufacturer-recommended service completed in the field.

When not deployed, the generators are located at the location listed in Appendix A.

Part II: Work Requirements

A. Technical Requirements

1. Contractor shall conduct PM and load bank testing on 11 Caterpillar. Please reference Attachment A for generator types, sizes, and locations.

2. The contractor shall be capable of interfacing Caterpillar generators with digital controllers. HMI (Human to Machine Interface) is necessary for changing settings and parameters and to check and verify safeties that protect the generator, like over-crank, over-speed, and, all other indicator lights on the control panel. HMI system shall be capable of downloading all settings and event logs from the control panel.

3. The contractor shall compile event logs, error reports, and all other pertinent information regarding preventative maintenance and these shall be turned into the Contracting Officer Representative (COR) upon completion of each level of inspection (Minor and Major). A written report shall be completed and turned into the COR for the generators. The contractor shall submit all reports with the name of the Technician(s) that performed the PM with the completion date of each PM, and with all tasks performed during the PM.

4. The contractor shall complete, on each generator, a mechanical and visual check of all the generator components. This shall include electrical connections, piping connections, fluid levels, filters, batteries, and day tanks. Minor and Major PM shall be completed as scheduled by the COR, as generator usage varies during static display and deployment utilization.

5. The contractor shall conduct all preventative maintenance on the generators in compliance with the NFPA 110, 99, and 70 and the NEC 517, 700, and 701 codes and manufacturer specifications.

6. The contractor shall have spill containment in force during oil delivery and/or all PM timeframes. No oil shall be kept on the premises without proper spill containment.

B. Deliverables

1. The contractor shall turn in a work log for each generator to the COR within two weeks of completion of the Minor and Major PM testing. The contractor shall document each generator’s PM as a separate log with the generator serial number and hours listed at the top of the log.

Part III: Supporting Information

A. Security

None

B. Travel

None

C. Place of Performance

Martinsburg VAMC 510 Butler Ave, Martinsburg, WV 25405, and Elite Aluminum Corporation located at 5225 Lyons Technology Parkway, Coconut Creek, FL. VHA OEM will notify the vendor on the address of the deployment site if maintenance is required.

D. Period of Performance

Period of Performance is March 18th, 2024, through March 17th, 2025 - Minor and Major PM will be completed as necessary and dictated by generator usage hour meter.

E. Government-Furnished Property

None

F. Qualifications of Key Personnel

Contractor’s servicing personnel shall be Caterpillar generator trained technicians with specific training on preventative generator maintenance.

G. Confidentiality and Non-Disclosure

None

H. Emergency and non-emergency repair costs covered under this contract.

None, however, all needed emergent and nonemergent repairs found by the contractor shall be reported to the COR immediately upon discovery. All emergent and nonemergent repairs shall be procured on a separate purchase order after concurrence of the COR.

Page 1 of Page 1 of

Attachment A – Location and types of Generators

Page 1 of

Attachment B – Minor and Major PM requirements

Minor PM Service - To be completed as scheduled:

Contractor shall service all Caterpillar generator equipment with CAT Electronic Technician Software and equipment used to access the Control Panel of the generator and download all settings and event logs. Contractor shall provide a report of any failures and recommendations of all logged events to the COR. A factory trained technician shall perform all of the following points and take corrective action, as needed. Contractor shall check and/or replace parts and fluids covered under the service at no additional cost:

Cooling System

· Visual inspection of radiator or heat exchanger for leaks, damage, and obstruction.

· Check radiator coolant level, replenish as required.

· Test coolant for proper antifreeze percentage.

· Test corrosion inhibitor concentration, record.

· Check jacket water heater for proper operation and adjust thermostat setting as needed.

· Inspect condition of radiator cap, gasket and sealing surface.

· Visual inspection of water pump and cooling system gaskets for leaks.

· Check belt tension and inspect for cracking and fraying if accessibility without disassembly permits.

· Inspect pulleys for excessive wear and lubricate hub bearings.

· Inspect flexible water connections for cracking, leaks, and pliability.

· Tighten hose clamps.

· Add ELC good for 3 years, add inhibiter, flush in 6 years with testing per year

Lubrication System

· Check oil level, replenish as required.

· Check for excessive crankcase blow-by with engine running.

· Visual inspection of front and rear crankshaft seals and lubrication system gaskets for leaks.

· Inspect oil hose and connections for cracking, leaks, and pliability.

Fuel System – Diesel Engine

· Inspect flexible fuel lines for cracking, leaks and pliability.

· Check day tank/base tank level and test day tank pump for proper operation.

· Operate fuel-priming pump, check for proper operation and leaks.

· Drain water from water separator(s).

· Check fuel system for leaks

· Check electronic governor connections and actuator.

· Inspect steel fuel lines for cracks, leaks and proper line bracket support.

Starting System

· Record battery cells’ electrolyte specific gravity (accessible batteries only).

· Top off electrolyte level in accessible lead-acid batteries with distilled water.

· Check and record battery charger/alternator for proper charge rate.

· Check for proper cranking termination upon starting.

· Clean and apply corrosion inhibitor to the terminals of lead acid batteries.

· Tighten battery cable connections.

· Inspect and tighten starter motor(s) connections.

Exhaust System

· Inspect flexible exhaust coupling for cracks, excessive leakage, broken, or missing hardware.

· Inspect exterior of exhaust manifolds for oil/fuel slobbering (signs of wet stacking).

· Inspect exhaust rain protection and exhaust outlet screening.

· Drain water in exhaust moisture traps.

· Observe exhaust gas for clarity.

Air Intake System

· Inspect and clean air filters for plugging and deterioration.

· Check all intake piping for damage and loose connections.

· Clean and inspect air cleaner seal for pliability and sealing.

· Inspect turbocharger for excessive endplay clearance (if accessible) and seal leakage.

Installation

· Walk around inspection of complete installation.

· Inspect generator set vibration isolators.

· Check for abnormal noise or vibration.

· Re-check for oil and coolant leaks with engine running.

· Check for proper operation of remote fan motors, thermostats, circulating pumps, and solenoid valves.

· Check inlet and discharge louvers for proper operation with engine running and stopped.

Control Panel

· Operational check of illumination and safety lamps.

· Check electronic control panels for fault codes, notify COR of any codes.

· Check proper operation of engine and generator instruments with generator running.

· Adjust governor control for optimum performance and frequency.

· Adjust voltage regulator for proper voltage.

· Inspect for excessive dirt accumulation and clean.

· Test emergency stop.

Major PM Service - To be completed as per manufacturer manual for hours run:

Contractor shall service all Caterpillar generator equipment with CAT Electronic Technician Software and equipment used to access the Control Panel of the generator and download all settings and event logs. Contractor shall provide a report of any failures and recommendations of all logged events to the COR. A factory trained technician shall perform all the following points and take corrective action, as needed. Contractor shall check and/or replace parts and fluids covered under the service at no additional cost:

Major PM Service shall perform items listed below and all Minor PM Service listed above:

· Change engine oil and filters, take oil sample for analysis.

· Change primary and secondary fuel filters.

· Properly dispose of waste oil and filters.

· Inspect air cleaner elements and air inductions system. Replace Air Filters (if not serviceable)

· Lubricate fan drive.

· Lubricate governor linkage.

· Lubricate generator bearing.

· Perform Level 1 coolant testing.

· SCR DEF REGEN-inspect for proper operation and soot level.

Start the Engine/generator set and

1. Check operation of louvers.

1. Check for unusual noises.

1. Check for unusual vibrations.

1. Check for oil, fuel, and coolant leaks.

1. Check operation of water temperature safety.

1. Check operation of oil pressures safety.

1. Check operation of overspeed safety.

1. Check operation of crankcase breather.

Operate the Engine/Generator, set for 15 minutes and

1. Record fuel pressure at 0 and 15 minutes.

1. Record oil pressure at 0 and 15 minutes

1. Record water temperature at 0 and 15 minutes.

1. Record voltage at all 3 phases at 0 and 15 minutes.

1. Record amperes at all 3 phases at 0 and 15 minutes.

1. Record frequency at all 3 phases at 0 and 15 minutes

1. Observe exhaust gas for clarity.

1. Record battery charger voltage prior to cranking.

1. Record battery charger amperes prior to cranking.

1. Record battery charger recovery voltage after cranking.

1. Record battery charger recovery amperes after cranking.

1. Record starter voltage during cranking.

1. Record starter amperes during cranking.

1. Check automatic starting system.

Contractor will notify COR of any conditions requiring repair that are discovered during any PM. Any problem discovered because of a PM visit will be quoted/estimated separately.

Upon Completion of Minor and Major PM:

· Reset all controls.

· Set circuit breaker to correct position.

· Check that fuel valves are in correct position.

· Check that battery charger is on.

· Check that Jacket water heater is on.

· Report any concerns.

Additional Items:

· Provide a service ticket on all service calls.

· If no previous record of engine valve lash check at 500-hour initial service, perform as per manual recommendations.

· If no previous record of rotating rectifier - check from 1000-hour service, perform as per manual recommendations.

Contractor will follow all VA Medical Center requirements concerning lockout/tagout procedures as required and hazardous waste removal and disposal requirements.

Contractor shall remove and dispose of any equipment and materials that they or their subcontractors remove from service and will no longer be needed after ensuring with the COR that the facility does not want to retain it. All trash will be removed daily and all areas that work was conducted in will be placed back to the same condition as it was prior to work being performed.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall provide all transportation, labor, tools, materials, equipment, supervision, and laptops with the software necessary to conduct preventative maintenance on eleven (11) Caterpillar Generators.

Contract Period: Base POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H249 - Equipment and Materials Testing - Maintenance and Repair Shop Equipment

Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i)] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded.