36C24622Q0527_1.docx

36C24622Q0527

A.1 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

A.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 Provision)

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

36C24622Q0527 06-10-2022 Keicha Passley 757-726-6048 06-15-2022 09:30

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 X X 221122 1000 Employees N/A X Department of Veterans Affairs Salem VA Medical Center 1970 Roanoke Blvd Salem

VA

24153 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 512-460-5049 512-460-5221 X See CONTINUATION Page Generator Load Testing (Emergency Power Supply) for the Salem VA Medical Center in accordance with the terms and conditions of the Performance Work Statement.

Period of Performance is a base with 4 option years.

Please review Section E of the document to determine how the quote should be submitted and the basis of award.

See CONTINUATION Page X X 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

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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.

Financial Service Center PO Box 149971 Austin TX 78714-9917 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of

PERFORMANCE WORK STATEMENT

SPECIFICATIONS

1.1 GENERAL REQUIREMENTS

A. Work covered under this contract consists of furnishing all labor necessary to inspect, evaluate, and load test components of the VAMC Salem’s Emergency Power Supply (EPS). The EPS is by NFPA definition a source of electric power of the required capacity and quality for an emergency power supply system (EPSS). VAMC Salem’s EPS consists of twelve emergency generator systems listed in this contract in Table 1.2.A.1. The system shall be tested during the Base Year in March 2022. Subsequent Option Year testing shall be on 12-month intervals for Option Years 1, 2, 3, & 4.

While inspecting and testing of these emergency generator systems, all devices or items of equipment that are defective will be repaired by others, however, this contract will include the scheduled retesting to maintain full compliance for load bank testing following the timely repair of the equipment as specified in this SOW. (Note: The contractor shall figure in his price an allowance for two (2) retests.) Documentation of the testing and repairs as well as the evaluation will be reported by the contractor to the COR, Facilities Management Service Office on the same day of inspection. This contract will also include the accomplishment of an annual evaluation of the requirements specified in NFPA 99 4.4.1.as outlined in the description of service section below and a preliminary daily written report of the findings shall be presented to the COR on the date this evaluation is completed.

The contractor will complete the requirements of this contract during normal duty hours, Monday through Friday, 7:45 am until 4:30 pm for the generators in Buildings 1, 138 (supplying B8), 139 (supplying B9 & B10), 140 (supplying B11 & B12), 141 (supplying B74 & B75), 142 (supplying B76 & B77), and 13.

All other generator sets will require after hour testing avoiding conflicts with patient care activities to the greatest extent possible. The contractor will need to schedule and coordinate the testing times of these units by submitting a testing schedule to the COR at least 14 days before testing begins to enable the COR to determine the feasibility of testing, CONTRACTORS QUALIFICATIONS: The tasks required in the completion of this contract shall be performed by personnel who have developed competencies through training and experience and can provide written documentation of these competencies with the solicitation process of this contract. All tasks including corrective actions shall be accomplished by a contractor who meets the following qualifications: 1) Engages and had engaged on a regular and full-time basis in the testing, design and installation of electrical emergency generator systems for a period exceeding five years. 2) Can provide temporary backup on-site emergency generator connections and their corresponding fuel supplies and automatic engagement methods.

Inspection, evaluation and testing service must be scheduled in advance in as far as possible and in agreement with the COR. The COR is the Electrical Section Supervisor, at 540-982-2463, Ext. 2847.

The contractor must sign in each day that work is to be performed. Employees to perform the service must report to Facilities Management Service office located on the 2nd Floor of Bldg. 74, Room 210, prior to start of work to sign-in, receive contractor badges, and get necessary keys.

Contractor must notify the COR at extension 2847 prior to testing any generator set or alarm devices unless a member of the electrical section is witnessing the test and is physically present at the testing site.

At the completion of the service visit for all equipment, the contractor shall furnish a final written report, via e-mail or standard mail, within ten working days of completion of the testing, inspection and evaluating. Report shall list as a minimum:

Date of Service.

Location of system or devices Type of system or devices Type of service being performed.

Tests completed.

For Base Year and Option Year 3. Non-destructive load testing results as part of this contract that include testing of the generator equipment above NFPA and EC standards for incremental periods of 30% nameplate full load for 30 minutes, 50% nameplate load for 30 minutes, 75% nameplate full load for one hour, and 30% nameplate full load for two hours, and 15 minutes under no load conditions for cool down purposes for a total of 4.24 continuous hours.

For Option Year 1, 2, 4: Non-destructive load testing results as part of this contract that include testing of the generator equipment above NFPA and EC standards for incremental periods of 25% nameplate full load for 30 minutes, 50% nameplate load for 30 minutes, 75% nameplate full load for one hour, and 15 minutes under no load conditions for cool down purposes for a total of 2.25 continuous hours.

Any necessary repair/replacement parts or services created by testing of the equipment as part of this contract will be furnished/paid for by the Salem VA Medical Center and these repairs will be completed on an emergency basis. This designation will require the contractor to stand down during repairs and to continue testing as soon as practical after the repairs have been made. During the time that the generator remains out of service, the contractor will be required to connect and maintain their standby/backup generator and associated automatic connection equipment et al, as provided in section 1.1.D.2 of this contract. The backup emergency generators will need to provide service until all emergency repairs have been completed and the successful load bank testing procedures have reached a satisfactory conclusion. The contractor’s responsibility for additional rental outlays due to this requirement shall be limited to standby service. Note: Additional rental, run time, fuel cost, and connection time outlays if required shall be negotiated or coordinated with the Contracting Officer, as needed, based on the cost per hour runtime line item identified in the awarded contract, and cost per day for a connected generator should the need arise.

The contractor shall be responsible for coordinating any necessary utility system shutdowns and returning these systems to an operational mode. In addition, the contractor must notify VA Facilities Management Service COR before any systems are shut down and when these systems are put back into full service.

The contractor will not be permitted to leave any emergency generator system or component in a non-automatic connected mode or unattended mode during any portion of the testing.

Should such non-automatic circumstances exist the contractor must have the approval of the Chief, Facilities Management Service.

The contractor shall be responsible for any damage due to negligence to equipment that is created while performing the services required in this contract.

Equivalent loads used for testing shall be connected such that they can be automatically replaced with the emergency loads in case of failure of the primary power source.

1.2 DESCRIPTION OF SERVICE

The contractor will provide all transportation, labor, tools, rental emergency generation equipment (per NFPA 110. 8.1.2), automatic connection equipment, fuel used during testing for the provided backup systems; and all other resources necessary to perform the service and documentation during the inspecting, testing, and evaluating of twelve electrical emergency generators and their prime movers at the Salem VA Medical Center, Salem, VA. A backup rental/temporary standby generator will be available to be connected to each patient care building during the actual load bank testing to ensure that a reliable source of power is available should the system being tested fail. These backup generator systems will be of the same size or larger and the same voltage as the generator being tested and connected to a fuel supply capable of an eight-hour run at 100% load. The contractor is responsible for the delivery, return, connection, and placement of the automatic equipment necessary to transfer the temporary generator set to the connected load within 10 seconds of any failure of normal power. For the purpose of this contract, 10 (ten) locations of the 12 (twelve) generators to be tested are required to have the backup/standby generator service. The emergency generator equipment for this contract is identified in table 1.2.A-1 below. Patient care locations requiring a backup generator set during load bank testing are identified with an “**” in table 1.2.A-

Table 1.2.A-1 Generator Location/Identification

Generators

480/277V

(143W)

(7)

(143E)

(2)

120/208V

(2A)

120/208V

(8)

120/208V

(9 & 10)

120/208V

(11 & 12)

120/208V

(74 & 75)

120/208V

(76 & 77)

120/208V

(13)

120/208V

(1)

B. The elements of the required EPS evaluation shall include NFPA 99 evaluation factors as follows:

4.4.1.1.9* Capacity and Rating. The generator set(s) have been determined sufficient in capacity and proper rating to meet the maximum actual demand likely to be produced by the connected load of the essential electrical system(s) at any one time as calculated in the original design. Generator set capacity has been recalculated during any renovation or modernization through the facility, its agents, or its contractors responsible for designs or modernizations. Selected vendor for this contract is not responsible for repair or alterations to existing conditions. Vendor shall provide a comprehensive report each tested generator. This would include the information from all data plates of the genset(s) and all the information from the load bank used for each genset.

4.4.1.1.10 Load Pickup. Vendor Shall verify pick up time and fully document pass or fail IAW NFPA 110 table 4.1b load within the time specified in Table 4.1(b) of NFPA 110, Standard for Emergency and Standby Power Systems, after loss of primary power.

4.4.1.1.11 Maintenance of Temperature. The Emergency Power System EPS shall be heated as necessary to maintain the water jacket temperature determined by the EPS manufacturer for cold start and load acceptance for the type of EPSS. [110:5.3.1]. Original performance testing and testing post modernizations will be through facility, its agents, or its contractors responsible for designs or modernizations. Selected vendor for this contract is not responsible for repair or alterations to existing conditions. Vendor shall confirm presence and test performance of generator block heaters (pass or fail). The block heater test must be fully documented along with any recommendations. Water temp must be within functional range prior to testing to prevent damage to genset.

4.4.1.1.12.1* With the EPS running at rated load, ventilation airflow shall be provided to limit the maximum air temperature in the EPS room to the maximum ambient air temperature required by the EPS manufacturer. [110:7.7.1].

(A) Consideration shall be given to all the heat rejected to the EPS equipment room by the energy converter, uninsulated or insulated exhaust pipes, and other heat-producing equipment. [110:7.7.1.1]. Original airflow performance testing and testing post modernizations as well as any exceptions will be through facility, its agents, or its contractors responsible for designs or modernizations. Selected vendor for this contract is not responsible for repair or alterations to existing conditions. Vendor shall verify presence air flow equipment and observe for normal operation. Vendor shall note and report function of ventilation and louvers as they function with the genset.

4.4.1.1.12.7 Units housed outdoors shall be heated as specified in 5.3.3 of NFPA 110, Standard for Emergency and Standby Power Systems. [110:7.7.7]. Original area heating performance testing and testing post modernizations as well as any exceptions will be through facility, its agents, or its contractors responsible for designs or modernizations. Selected vendor for this contract is not responsible for repair or alterations to existing conditions. Vendor shall verify presence of and function of area heaters. Pass or fail must be fully documented along with recommendations.

4.4.1.1.12.8 Confirm operation of the heating, cooling, and ventilation system for the EPS equipment room which shall include, but not limited to, the following factors:

(1) Heat

(2) Cold

(3) Dust

(4) Humidity

(5) Snow and ice accumulations around housings

(6) Louvers

(7) Remote radiator fans

(8) Prevailing winds blowing against radiator fan discharge air [110:7.7.8] Original area heating, cooling, and ventilation system for the EPS equipment performance testing and testing post modernizations as well as any exceptions will be through facility, its agents, or its contractors responsible for designs or modernizations. Selected vendor for this contract is not responsible for repair or alterations to existing conditions. Vendor shall Inspect for presence and function of louvers. Inspect for presence and function of heater. Asking for notable performance recommendations and noted deficiencies

4.4.1.1.13 Cranking Batteries. Internal combustion engine cranking batteries shall be in accordance with the battery requirements of NFPA 110, Standard for Emergency and Standby Power Systems. Vendor shall perform battery load test to ensure electrical starting system readiness.

4.4.1.1.15 Fuel Supply. The fuel supply for the generator set shall comply with Sections 5.5 and 7.9 of NFPA 110, Standard for Emergency and Standby Power Systems. Original fuel storage, monitoring and transfer system performance testing and testing post modernizations as well as any exceptions will be through facility, its agents, or its contractors responsible for designs or modernizations. Selected vendor for this contract is not responsible for repair or alterations to existing conditions. Vendor shall verify presence of tank monitoring (function pass or fail), tank level (pass or fail) calibration of level monitoring equipment (pass or fail). Vendor shall capture available fuel level at the time of the test ensure that fuel level is sufficient for testing and emergency readiness after test. Vendor shall note fuel consumption at the end of the test and if tank level is low or creates risk for hospital, it is to be reported to Salem VAMC FMS leadership, engineers, electrical shop supervisor immediately

4.4.1.1.16.1 Internal Combustion Engines. Internal combustion engines serving generator sets shall be equipped with and the vendor shall note the presence and function of the following:

(1) A sensor device plus visual warning device to indicate a water-jacket temperature below those required in 4.4.1.1.11

(2) Sensor devices plus visual pre-alarm warning device to indicate the following:

(a) High engine temperature (above manufacturer’s recommended safe operating temperature range)

(b) Low lubricating oil pressure (below manufacturer’s recommended safe operating range)

(c) Low water coolant level

(3) An automatic engine shutdown device plus visual device to indicate that a shutdown took place due to the following:

(a) Over-crank (failed to start)

(b) Over-speed

(c) Low lubricating oil pressure

(d) Excessive engine temperature

(4) A common audible alarm device to warn that any one or more of the pre-alarm or alarm conditions

4.4.1.1.16.2 Safety indications and shutdowns shall be in accordance with Table 4.4.1.1.16.2.

4.4.1.2 Battery. Battery systems shall meet all requirements of Article 700 of NFPA 70, National Electrical Code

4.4.4.1.1.1 Maintenance of Alternate Power Source. The generator set or other alternate power source and associated equipment, including all appurtenant parts, shall be so maintained as to be capable of supplying service within the shortest time practicable and within the 10-second interval specified in 4.4.1.1.10 and 4.4.3.1. Maintenance shall be performed in accordance with NFPA 110, Standard for Emergency and Standby Power Systems, Chapter 8.

4.4.4.2.1.1 Emergency repair service. The Contractor will be required to provide emergency service 24-hours a day, 7 days a week. This requires unlimited emergency callback service for emergent repairs. The contractor shall be required to report to the generator location within 6 hours of notification from appropriate Medical Center personnel. Notification can be accepted by the Contractor from the following staff members for emergent repairs only: COR/Electrical Supervisor, Electrician, FMS General Forman, Director of Engineering, Chief of Facilities Management, or a Police Dispatcher.

4.4.4.3.1.1 Contractor shall incorporate a line item each option year equivalent to Five Thousand Dollars ($5,000) for emergent repair of station emergency generators. This line item will be utilized throughout the option year to invoice for services rendered on emergent repairs. Contractor is to justify and be accountable for (through paid invoices) the parts and labor spent to repair generators. Contractor cannot exceed this amount unless authorized in writing by the Contracting Officer. Contractor is to keep the COR abreast of items invoiced under this line item and notify COR if the line item is encroaching the $5,000 limit.

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

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

a. Documentation requirements:

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

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

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

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

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

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

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

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

B.4 SPECIAL CONTRACT REQUIREMENTS

1. QUALITY ASSURANCE SURVEILLANCE PLAN

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary.

2. 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.

3. 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:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward 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.

4. HOURS OF OPERATION

7:00 am to 3:30 pm – Monday through Friday excluding the Federal Holidays listed below. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

New Year’s Day Martin Luther King Jr’s Birthday Washington’s Birthday

4. BILLING AND PAYMENT

Contractor shall submit invoices, quarterly, in arrears, via payment requests in electronic form via VA’s Electronic Invoice Presentment and Payment system http://www.fsc.va.gov/fsc/einvoice.asp. The following information must be included on all submitted invoices. Invoices submitted without the following information may be rejected for payment. Invoices shall include at a minimum:

· Date of invoice

· Invoice number

· Contract number

· Obligation number

· Vendor name

· CLIN and dates of service

5. 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.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Generator Load Testing Services- BLDG 2A, CUMMINS 200KW MN: DSGAE-1332632 SN: G130529422 2. BLDG 7, CAT 600KW MN: SR4 SN: 5UA01237 3. BLDG 7, CAT 300KW, MN: SR4 SN: 8KF00651 4.BLDG 8, CUMMINS 180KW MN: DSGAD-A054U443 SN: F160970928 5. BLDG 139, KOHLER 280KW MN: 275REOZJE SN: 3016842 6. BLDG 140, ONAN 275KW MN: DQVAB-A054W594 SN: D160948008 7. BLDG 141, CUMMINS 275KW MN: DQDAB A054W614 SN: G160978799 8. BLDG 142, ONAN 275KW MN: DQDAB-A054W650 SN: H160987402 9. BLDG 143, CAT 600KW MN: SR4 SN: 5UA01232 10. BLDG 154, GENERAC 600KW MN:12291710100 SN: 2108081 11. BOILER PLANT, OLYMPIAN 180KW MN: D200P4 SN: JNNS01569 12. CAT 600KW MN: CAT600 SN: CAT00C18LNAW00628 13. KOHLER 265KW MN: 275REOZJE SN: SGM324XFB 14. MAGNUM 93KW MN: MMG120 SN: 1111925 15. PORTABLE 1, KOHLER 500 MN: 500REOZT SN: 13017105 16. PORTABLE 2, KOHLER 500KW MN: 500REOZT SN: 13017108 Contract Period: Base POP Begin:

POP End:

Emergency Services Contract Period: Base

Generator Load Testing Services- BLDG 2A, CUMMINS 200KW MN: DSGAE-1332632 SN: G130529422 2. BLDG 7, CAT 600KW MN: SR4 SN: 5UA01237 3. BLDG 7, CAT 300KW, MN: SR4 SN: 8KF00651 4.BLDG 8, CUMMINS 180KW MN: DSGAD-A054U443 SN: F160970928 5. BLDG 139, KOHLER 280KW MN: 275REOZJE SN: 3016842 6. BLDG 140, ONAN 275KW MN: DQVAB-A054W594 SN: D160948008 7. BLDG 141, CUMMINS 275KW MN: DQDAB A054W614 SN: G160978799 8. BLDG 142, ONAN 275KW MN: DQDAB-A054W650 SN: H160987402 9. BLDG 143, CAT 600KW MN: SR4 SN: 5UA01232 10. BLDG 154, GENERAC 600KW MN:12291710100 SN: 2108081 11. BOILER PLANT, OLYMPIAN 180KW MN: D200P4 SN: JNNS01569 12. CAT 600KW MN: CAT600 SN: CAT00C18LNAW00628 13. KOHLER 265KW MN: 275REOZJE SN: SGM324XFB 14. MAGNUM 93KW MN: MMG120 SN: 1111925 15. PORTABLE 1, KOHLER 500 MN: 500REOZT SN: 13017105 16. PORTABLE 2, KOHLER 500KW MN: 500REOZT SN: 13017108 Contract Period: Option 1

Emergency Services Contract Period: Option 1

Generator Load Testing Services- BLDG 2A, CUMMINS 200KW MN: DSGAE-1332632 SN: G130529422 2. BLDG 7, CAT 600KW MN: SR4 SN: 5UA01237 3. BLDG 7, CAT 300KW, MN: SR4 SN: 8KF00651 4.BLDG 8, CUMMINS 180KW MN: DSGAD-A054U443 SN: F160970928 5. BLDG 139, KOHLER 280KW MN: 275REOZJE SN: 3016842 6. BLDG 140, ONAN 275KW MN: DQVAB-A054W594 SN: D160948008 7. BLDG 141, CUMMINS 275KW MN: DQDAB A054W614 SN: G160978799 8. BLDG 142, ONAN 275KW MN: DQDAB-A054W650 SN: H160987402 9. BLDG 143, CAT 600KW MN: SR4 SN: 5UA01232 10. BLDG 154, GENERAC 600KW MN:12291710100 SN: 2108081 11. BOILER PLANT, OLYMPIAN 180KW MN: D200P4 SN: JNNS01569 12. CAT 600KW MN: CAT600 SN: CAT00C18LNAW00628 13. KOHLER 265KW MN: 275REOZJE SN: SGM324XFB 14. MAGNUM 93KW MN: MMG120 SN: 1111925 15. PORTABLE 1, KOHLER 500 MN: 500REOZT SN: 13017105 16. PORTABLE 2, KOHLER 500KW MN: 500REOZT SN: 13017108 Contract Period: Option 2

Emergency Services Contract Period: Option 2

Generator Load Testing Services- BLDG 2A, CUMMINS 200KW MN: DSGAE-1332632 SN: G130529422 2. BLDG 7, CAT 600KW MN: SR4 SN: 5UA01237 3. BLDG 7, CAT 300KW, MN: SR4 SN: 8KF00651 4.BLDG 8, CUMMINS 180KW MN: DSGAD-A054U443 SN: F160970928 5. BLDG 139, KOHLER 280KW MN: 275REOZJE SN: 3016842 6. BLDG 140, ONAN 275KW MN: DQVAB-A054W594 SN: D160948008 7. BLDG 141, CUMMINS 275KW MN: DQDAB A054W614 SN: G160978799 8. BLDG 142, ONAN 275KW MN: DQDAB-A054W650 SN: H160987402 9. BLDG 143, CAT 600KW MN: SR4 SN: 5UA01232 10. BLDG 154, GENERAC 600KW MN:12291710100 SN: 2108081 11. BOILER PLANT, OLYMPIAN 180KW MN: D200P4 SN: JNNS01569 12. CAT 600KW MN: CAT600 SN: CAT00C18LNAW00628 13. KOHLER 265KW MN: 275REOZJE SN: SGM324XFB 14. MAGNUM 93KW MN: MMG120 SN: 1111925 15. PORTABLE 1, KOHLER 500 MN: 500REOZT SN: 13017105 16. PORTABLE 2, KOHLER 500KW MN: 500REOZT SN: 13017108 Contract Period: Option 3

Emergency Services Contract Period: Option 3

Generator Load Testing Services- BLDG 2A, CUMMINS 200KW MN: DSGAE-1332632 SN: G130529422 2. BLDG 7, CAT 600KW MN: SR4 SN: 5UA01237 3. BLDG 7, CAT 300KW, MN: SR4 SN: 8KF00651 4.BLDG 8, CUMMINS 180KW MN: DSGAD-A054U443 SN: F160970928 5. BLDG 139, KOHLER 280KW MN: 275REOZJE SN: 3016842 6. BLDG 140, ONAN 275KW MN: DQVAB-A054W594 SN: D160948008 7. BLDG 141, CUMMINS 275KW MN: DQDAB A054W614 SN: G160978799 8. BLDG 142, ONAN 275KW MN: DQDAB-A054W650 SN: H160987402 9. BLDG 143, CAT 600KW MN: SR4 SN: 5UA01232 10. BLDG 154, GENERAC 600KW MN:12291710100 SN: 2108081 11. BOILER PLANT, OLYMPIAN 180KW MN: D200P4 SN: JNNS01569 12. CAT 600KW MN: CAT600 SN: CAT00C18LNAW00628 13. KOHLER 265KW MN: 275REOZJE SN: SGM324XFB 14. MAGNUM 93KW MN: MMG120 SN: 1111925 15. PORTABLE 1, KOHLER 500 MN: 500REOZT SN: 13017105 16. PORTABLE 2, KOHLER 500KW MN: 500REOZT SN: 13017108 Contract Period: Option 4

Emergency Services Contract Period: Option 4

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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…