36C24618Q0367-002.docx

36C24618Q0367

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

558-18-1-6184-0010 36C24618Q0367 04-12-2018 Veronica S. Boston 757-251-4130 04-20-2018

3:00 PM EST

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 333618 1500 Employees X N/A X Department of Veterans Affairs Durham VAMC 508 Fulton Street Durham NC 27705-3897 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 x See CONTINUATION Page Generator Maintenance Service Contract See Attached Schedule See CONTINUATION Page X X

VERONICA S. BOSTON

Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 VERONICA S. BOSTON

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.

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971

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

B.2 SCHEDULE OF SERVICES

The scope of this contract shall require the contractor to provide all material, shipping, handling, labor, supervision, coordination, travel, tools and equipment needed to complete the contract requirements. This contract shall be established for the Department of Veterans Affairs Medical Center in Durham, North Carolina to be provided for emergency generator maintenance service for the entire facility located at 508 Fulton St., Durham, North Carolina.

Base Year: 1 May 2018 through 30 September 2018

Annual Inspection June – in accordance with PWS section 2.0

Total Cost Base Year:

Option Year 1: 1 October 2018 through 30 September 2019

Annual Inspection June – in accordance with PWS section 2.0

Total Cost Option Year 1:

Option Year 2: 1 October 2019 through 30 September 2020

Annual Inspection June – in accordance with PWS section 2.0

Total Cost Option Year 2:

Option Year 3: 1 October 2020 through 30 September 2021

Annual Inspection June – in accordance with PWS section 2.0

Total Cost Option Year 3:

Option Year 4: 1 October 2021 through 30 September 2022

Annual Inspection June – in accordance with PWS section 2.0

Total Cost Option Year 4:

Total Cost of Base and Four Option Years:

B.3 PERFORMANCE WORK STATEMENT (PWS)

Emergency Generator Maintenance Agreement (service contract)

1.0 Introduction

The scope of this contract shall require the contractor to provide all material, shipping, handling, labor, supervision, coordination, travel, tools and equipment needed to complete the contract requirements. This contract shall be established for the Department of Veterans Affairs Medical Center in Durham, North Carolina to be provided for emergency generator maintenance service for the entire facility located at 508 Fulton St., Durham, North Carolina.

2.0 SCOPE

2.1 Semi-Annual Preventive Maintenance Inspection shall be performed in November and June of each year and are to be coordinated with Engineering Service Representative.

2.1.1 SEMI-ANNUAL INSPECTION – NOVEMBER: Inspect all Generator sets checking engine for proper operations, and clean and inspect transfer switches. During inspection include all items on Check List headed quarterly and semi-annually, in accordance with all appropriate specifications, and Joint Commission requirements.

2.1.2 ANNUAL LOAD TESTING – NOVEMBER: Contractor shall perform a load test on diesel generators each year. The load test to be performed on; diesels #1, #2, and #3, located in Building 18 and Kholer diesel #6, located in back of Building 9, shall include a load large enough for all three diesels to be tested in parallel at 75% of capacity. This shall include all labor, equipment, and necessary supplies to perform a proper load test as stipulated by the Joint Commission specifications and NFPA standards. Load test shall run for four (4) hours without interruption. Contractor shall record all test results on a test sheet. The test sheet shall be signed, dated, and turned over to the VA Engineering Representative no later than 5 business days from the completion of the load test.

2.1.3 ANNUAL INSPECTION – JUNE: Inspect all Generator sets checking engine for proper operations, and clean and inspect transfer switches. During inspection include all items on Check List headed annually in addition to quarterly and semi-annually, in accordance with all appropriate specifications, NFPA standards and Joint Commission requirements.

3.0 EQUIPMENT INVENTORY

Eng Model # C15, YR 2014, Serial # FTE02064 Located in Bldg 18, Labeled as Gen Set #1.

Eng Model # 3456, Serial # 7WG04132.

Located in Bldg 18, Labeled as Gen Set #2.

Eng. Model #C15, yr 2010, Serial # FSE03278, Located in Bldg 18, Labeled as Gen Set #3.

Cummings Generator Set: Model # DQGAA-4100083, Serial # B100097581, Spec. A, 1250KW, 1562.5 KVA, 3 Phase, 60 Hz, .8 P.F., 277/480 Volt, 1879.5 Amps, 1800RPM, Located outside of Bldg 14.

Eng. Model #C15, YR 2010, Serial # FSE03278, Located in Bldg 18, Labeled as Gen Set #3.

Eng Model # 7M4054, Serial # WA-6000438-0714, Located West of Building 9

Eng Model # C15, yr 20xx, Serial # FTE02612, Located in MRI Loading Dock, Labeled as Gen Set #7.

Eng Model # C15, yr 20xx, Serial # FTE02605.

Located in MRI Loading Dock, Labeled as Gen Set #8.

4.0 COORDINATION

The contractor shall give four (4) calendar weeks’ notice prior to arriving on site to perform scheduled preventive maintenance. Upon arrival at the station to perform periodic maintenance service or in answers to telephone request by authorized employee of the Department of Veterans Affairs, the contractor or his/her assigned representative shall check in with engineering service prior to making any repairs during normal working hours, 8:00am to 4:30pm, Monday through Friday. If an emergency call is issued within other than normal working hours, the contractor representative shall be required to check in operations, located at the Boiler Plant, building 7 on site, and they shall contact the appropriate engineering service representative. After completion of such service or maintenance work during the regular working hours, the contractor or his/her representative shall obtain the signature of the equipment operator or other authorized person in the using service acknowledging the receipt of service. The duly signed copies of service or repair tickets shall be delivered to the engineering service representative. Any work in addition to what’s started in the contract must be made known to and approved by the engineering service representative prior to proceeding with repairs. At night, weekends, and holidays, the contractor shall deliver service tickets to the VA Engineering representative.

4.1 PLANNED OUTAGE SUPPORT: Contractor shall after services on-site for power outages once per annual quarter for a duration of no less than 4 hours per visit.

4.2 GENERATOR SERVICE: Contractor shall service all components of the generators including but not limited to piping, hoses, fittings and pumps necessary for proper operation of the generator system.

5.0 General Requirements

5.1 The contractor’s employees shall not enter the work site without appropriate badge. They may also be subject to inspection of their personal effects when entering or leaving the project site. The On-site employees of the contractor and all Subcontractors shall apply for their PIV Badges to gain access to the facilities. Lost badges shall be reported immediately to the Contracting Officer Representative (COR) and the Contractor shall be responsible paying for the process to gain a new badge.

5.1.1 Competent, experienced, licensed or certified workers shall perform crafts requiring specialized skills.

5.2 Normal working hours will be used to complete this contract unless otherwise indicated. Normal working hours shall be 8:00am to 4:30pm, except generators #1, #2 and #3 which shall take place between 5:00pm to 8:00pm, Monday through Friday, Monday through Friday – Federal Holidays or any other Holiday designated by the President of the United States excluded. For working outside the “normal working hours” as defined in this contract, the contractor shall give 3-day notice to the Contracting Officer so that arrangements can be provided for the employees. This notice is separate from any notices required for utility shutdown described later in this section. No photography of VA premises is allowed without written permission of the Contracting Officer.

5.2 Execute work so as to interfere as little as possible with normal functioning of Medical Center as a whole, including operations of utility services, fire protection systems and any existing equipment, and with work being done by others. Use of equipment and tools that transmit vibrations and noises through the building structure, are not permitted in buildings that are occupied jointly by patients or medical personnel, and Contractor’s personnel, except as permitted by COR where required by limited working space.

5.3 No utility service such as water, gas, steam sewers or electricity, or fire protection systems and communications systems may be interrupted without prior approval of COR. Electrical work shall be accomplished with all affected circuits or equipment de energized. When an electrical outage cannot be accomplished, work on any energized circuits or equipment shall not commence without the Medical Center Director’s prior knowledge and written approval. The contractor shall submit a request to interrupt any such services to COR, in writing, 48 hours in advance of proposed interruption. Request shall state reason, date, exact time of, and approximate duration of such interruption.

5.4 VA reserves the right to close down or shut down the project site and order the contractor’s employees off the premises in the event of a national emergency. The contractor may return to the site only with the written approval of the Contracting Officer.

5.5 Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

5.5.1 Means of Egress: Do not block exiting for occupied buildings, including paths from exits to roads. Minimize disruptions and coordinate with COR.

5.5.2 Hot Work: Perform and safeguard hot work operations in accordance with NFPA 241 and NFPA 51B. Coordinate with COR to obtain permits from facility Safety Manager at least 24 hours in advance.

5.6 All Buildings will be occupied during performance of work. Contractor shall take all measures and provide all material necessary for protecting existing equipment and property in affected areas against dust and debris, so that equipment and affected areas to be used in the Medical Centers operations will not be hindered. Coordinate alteration work in areas occupied by Department of Veterans Affairs so that Medical Center operations will continue during the installation period.

5.7 The contractor shall maintain neat and orderly work areas and shall clean area of debris and rubbish daily and dispose of waste materials offsite per hospital policies. The contractor shall provide a dumpster if it is determined to be necessary, and shall work with the COR in advance for a spot-on site to establish the dumpster.

5.8 Establish and maintain a dust control program as part of the contractor’s infection preventive measures in accordance with the guidelines provided as specified here. Prior to start of work, prepare a plan detailing project-specific dust protection measures, including periodic status reports and submit to COR for review a minimum of two weeks prior to the start of work at each site. All personnel involved in the installation or renovation activity shall be educated and trained in infection prevention measures established by the medical center. In general, the following preventive measures shall be adopted during installation of new equipment to keep down dust and prevent mold. Dampen debris to keep down dust and provide temporary construction partitions in existing structures where directed by COR. Blank off ducts and diffusers to prevent circulation of dust into occupied areas during construction. Do not perform dust producing tasks within occupied areas without the approval of the COR.

5.9 Provide dust proof one-hour fire-rated temporary drywall barriers to completely separate installation work that may result in dust generation from the operational areas of the hospital in order to contain dirt debris and dust. Barriers shall be sealed and made presentable on hospital occupied side. Install a self-closing rated door in a metal frame, commensurate with the partition, to allow worker access. Maintain negative air at all times. A fire-retardant polystyrene, 6-mil thick or greater plastic barrier needing local fire codes may be used where dust control is the only hazard, and an agreement is reached with the COR and Medical Center.

5.10 All work shall be performed in full accordance with applicable local and Federal regulations. All equipment and installation shall conform to the recommendations of ASHREA, National Fire Protection Association (NFPA), plumbing and mechanical codes, and National Electrical Code (NEC). No departures from specification requirements will be permitted without written approval. The Supplier shall use good safety practices while working. All hardware should be installed in such a manner to minimize damage and maximize patient and employee safety. All equipment and procedures shall conform to OSHA, NEMA, and ANSI Standards and conform to the Standard Building Code and the Standard Mechanical Code.

5.11 The contractor shall provide all labor and materials necessary for any site work including but not limited to electrical conduit with pull strings, back boxes, raceways, core drilling, concrete patching, and painting. Minimum of ¾” conduit shall be approved to be used for installation. All new cabling and wiring shall be pulled in conduit.

5.11.1 New work shall be installed and connected to existing work nearly, safely and professionally. Disturbed or damaged work shall be replaced or repaired to its prior conditions.

5.11.2 All items furnished shall be free from defects that would adversely affect the performance, maintainability and appearance of individual components and overall assembly.

5.12 Where the Government determines that the contractor has installed equipment not conveniently accessible for operation and maintenance, equipment shall be removed and reinstalled or remedial action performed as directed at no additional cost to the Government.

CHECKLIST FOR EMERGENCY GENERATORS

CHECKLIST: Discuss with Engineering Service, Contracting Officer Technical Representative (COTR), for problems, record under comments.

SEMI-ANNUAL:

1. Check cooling system level. Add if low. Check condition of water. Add DCA rust inhibitor/ antifreeze if necessary. Inspect radiator fans, clean out if needed. DCA rust inhibitor/antifreeze to be provided by contractor.

2. Inspect and tighten oil pan, manifolds, water pumps, drain plugs, water connections, fuel and oil lines, and mounting bolts.

3. Check condition of all the belts, tighten if necessary.

4. Grease water pump and tach. Check drive and speed switch drive.

5. Check battery connections, clean if necessary. Check and add water to batteries.

6. Load test battery cells. Record Hydrometer reading each cell.

7. Check battery charger:

· Rate: ______

· Voltage: ______

8. Check engine driven battery charging alternator. Record charging rate:

· Amperes: _______

9. Check operation of jacket water heater.

10. Check conditions of exhaust system and rain cap. Tighten all flanges and connections.

11. Check controls, starter switch, over speed, high water temperature, low oil pressure, and Automatic Panel.

12. Check high and low fuel level indication from tank to Police Station, and digital fuel level indication accurate.

· Digital read out: _________

· Actual level measurement: _______

13. Start engine on load, record:

14. Run load bank test and record. Once a year (November) the load bank test shall be performed in accordance with the Joint Commission specification for Gen Sets. (NOTE: All three generators located in Building 18 will need to be run under load while paralleled to meet the proper specifications.)

· Volts: _______

· Water Temperature: ______

· Amps: ______

· Oil Temperature: ______

· Frequency: _______

· Raw Water Pressure: _______ ANNUAL: (Include all items on checklist from semi-annual, in addition to below)

15. Change engine lube oil.

16. Take oil sample for analysis.

17. Change:

· Fuel Filter Elements_______________________

· Full Flow Oil Filter_________________________

· Bypass Oil Filter__________________________

· Crankcase Breather Element________________

· Clean and Check Air Cleaner________________

NOTE: ALL OIL AND FILTERS ARE TO BE PROVIDED BY THE CONTRACTOR.

Date: _________________ Service Representative Name (Printed): _________________________________________ Service Representative Signature: ______________________________________________ Company Name: _____________________________________________________________ Date: _________________ Witnessed by, VA Employee Name (Printed): ______________________________________ VA Employee Signature: _______________________________________________________

SIGN-IN AND DOCUMENTATION:

The contractor shall give a 4-week notice prior to scheduling any onsite activity or maintenance. The contractor shall sign-in with the Engineering Service before beginning any inspection or maintenance work.

A. Sign-in procedure: At all times, during and after administrative hours, service representatives shall enter signatures on the sign-in sheet at Boiler Plant, Building 7. When leaving, the service representative shall sign out on the same sheet and leave documentation in the box next to the sign-in sheet.

B. Documentation: The documentation shall include detailed descriptions of the schedule and unscheduled maintenance procedures performed, including replacement parts and prices for the maintenance not included under contract. Procedures used for Preventive Maintenance Inspections shall be submitted with each PM service report. In addition, each service representative must at a minimum document the following data legibly and in complete detail.

1. Name of contractor.

2. Name of service representative who performed the services.

3. Date and time during which service were rendered.

4. Description of problem reported.

5. Identification of equipment to be serviced.

6. Itemized description of service performed (including cost of items to be billed).

7. Signature of service representative and VA employee who witnessed service described.

Engineering service will not authorize payment for any services unless a legible service ticket is left at the designated location as determined by COR.

FAILURE TO COMPLY WITH THIS PROCEDURE SHALL CAUSE PAYMENT TO BE DELAYED OR WITHHELD UNTIL IT HAS BEEN DETERMINED THAT THE SERVICES WERE ACTUALLY PERFORMED.

ID BADGES:

The successful bidder will be required to provide contractor staff names who will be performing work on site in order for the VA to produce and issue contractor identification badges or photo identification badges when applicable. The contractor staff working on site shall be required to wear the badges at all times while on site. The contractor shall be required to notify the Contracting Officer immediately of any changes in staff performing work on site. Upon completion of the contract all identification badges must be returned to the Contracting Officer or COR.

HOURS OF WORK:

Work required in the performance of this contract shall be performed during the regular administrative hours of the medical center, 8:00 am to 4:30 pm, except generators #1, #2 and #3 work completed between 5:00pm and 8:00pm, Monday through Friday excluding national holidays.

(NOTE: Load bank test in building 18 shall be completed after hours starting no earlier than 4:30 pm, and generators must be run after filter change, and cannot be run in building 18 until 4:30 pm.)

National Holidays that are to be observed:

B.4 SPECIAL CONTRACT REQUIREMENTS

A. KEY PERSONNEL

Key personnel will be identified in the proposal and shall be considered key personnel essential for the successful completion of the work performed under the contract. The contractor agrees that such personnel shall not be removed, diverted or replaced from the work without prior written approval of the Contracting Officer. The contractor shall submit written notice of proposed personnel changes to the Contracting Officer for approval at least thirty (30) business days in advance.

B. WORK HOURS

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off duty hours as described below.

The following terms have the following meanings:

Normal working hours: Monday through Friday, 8:00am to 4:30pm, excluding federal holidays. The 10 holidays observed by the Federal Government are:

Any other day specifically declared by the President of the United States to be a Federal holiday.

When one of the holidays falls on a Sunday, the following Monday shall be observed as the Federal Holiday. If a holiday falls on a Saturday, the preceding Friday shall be observed as the Federal Holiday.

C. CONTRACTOR EMPLOYEES.

Contractor shall ensure that their personnel identify themselves as Contractors when attending meetings, answering government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official government acts.

The Contractor must also provide at a minimum annual safety in the workplace training, and provide certificate upon request. The CO may authenticate the training requirements, request training certificates or credentials from the contractor at any time for any personnel who are servicing or installing the Medical Center’s equipment.

D. BACKGROUND INVESTIGATIONS

A full background check is not required for this position; however all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility.

Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements

E. BILLING AND PAYMENT.

Invoices shall be submitted monthly, in arrears, and shall include at a minimum:

Date of invoice Contract Number Purchase Order Number Vendor Name Invoice Number CLIN & Date(s) of service

F. CONTRACT ADMINISTRATION

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF POINTS OF CONTACT

POINT OF CONTACT

Contracting Officer (CO) Veronica S. Boston Department of Veteran Affairs Network Contract Office (NCO) 6 100 Emancipation Drive, Building 27 Hampton, VA 23667-9900 (757)251-4130 Veronica.boston@va.gov

Contracting Officer’s Representative (COR) Dominique Montgomery Durham Veteran Affairs Medical Center (VAMC) 508 Fulton Street Durham, NC 27705-3897 (919)286-0411 ext 6479 Dominique.montgomery@va.gov

B.5 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

Page 1 of

SECTION C - CONTRACT CLAUSES

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.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause)

C.4 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

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

(End of Clause)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

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

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

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

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

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

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

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

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

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

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

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

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

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

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

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

(End of Clause)

C.6 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

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

(End of Clause)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

(End of Addendum to 52.212-4) C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

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

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

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

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

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

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

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

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

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

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

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

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

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

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

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

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal…