36C24722Q0661_1.docx

36C24722Q0661

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

509-22-3-5102-0033

05-17-2022 Quentin Deloney

(404) 432-0403 05-24-2022

1:00 PM

EDT

Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

X

238990 $16.5 Million

N/A

Charlie Norwood VAMC

1 Freedom Way Augusta GA 30904

Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page See Section B.2 & SOW for Items

See CONTINUATION Page

Quentin Deloney

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 36C247 Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

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:

STATEMENT OF WORK

Preventive Maintenance of existing UPS systems:

Vendor shall provide all factory certified technical labor, equipment to include specialized test equipment, and provide proof of an established factory support network which can provide immediate field support as to resolve equipment and technical problems on site. The vendor is to provide preventive maintenance service, 8-hour response, and repair service for computer room UPS (Power ware) units located at the Charlie Norwood VAMC, building 110 and 801, until units have been replaced. Estimated date of replacement is the end of August 2022. Unit file ID numbers are EV421ZBA06 plus 160, Building 110, Room GB137 and EW241ZBA03 plus 50, Building 801, Room 2C120/121.

Preventive Maintenance of new UPS systems:

Vendor shall provide all factory certified technical labor, equipment to include specialized test equipment, and provide proof of an established factory support network which can provide immediate field support as to resolve equipment and technical problems on site. All equipment is calibrated annually and meets the minimum requirements for NFPA, OSHA and IEEE. The vendor is to provide full-service preventive maintenance, 7x24 parts & labor coverage, 8-hour response, and repair service for computer room UPS units located at the Charlie Norwood VAMC, Bldg. 110 Room GB137 and Bldg. 801 Room 2C120/121.

Vendor will provide, install, and dispose of all factory specification batteries for each listed UPS Unit, Eaton-93PM-480V-50kW-UPS, and Eaton-93PM-480V-150kW-UPS. Vendor will provide and install at the identified 5-year replacement schedule of all factory specification batteries of the Uptown UPS unit and Downtown UPS unit.

Vendor shall schedule/coordinate inspection/testing of listed units with COR and Service Company not less than two weeks prior to inspection/testing procedures. The vendor shall provide a detailed inspection report identifying deficiencies discovered and recommendations for correction. Inspection report shall be received by the contract COR not later than two weeks from the date of inspection.

Performance Period:

The period of performance is June 1, 2022, thru May 31, 2023. Work at the government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

Type of Contract: Firm Fixed-Priced.

Place of Performance:

Charlie Norwood VA Medical Center, 1 Freedom Way, Augusta, GA 30904-6285. This includes both the Uptown and Downtown Division.

Contract Award Meeting:

The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kickoff meeting or has advised the contractor that a kickoff meeting is waived.

Safety Requirements:

In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer, or his designee may determine to be reasonably necessary to protect the lives and health of occupants of the building.

Work to be Performed:

On weekdays, Monday – Friday, except holidays between the hours of 7:00am – 3:30pm. This identifies normal PM and repair services. Emergency services shall be provided 24/7 with an 8-hour response time. Annual PM service shall be scheduled by the vendor with the COR not less than two weeks before work is to be done.

Changes to Statement of work:

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

Performance:

Vendor will perform PM and or repair service in strict accordance with factory requirement and or mandates. All work shall be performed by factory trained and certified technicians only. Contractor shall follow safety precautions, including the use of personal protective equipment (i.e., proper attire, masks, gloves, and eye protection). All tools shall be fully supervised by contractor technicians and fully secured when not in use. Once work is completed, contractor is to clean up and haul off all debris from property and leave the area of work ready for hospital business. All system components shall be serviced as stated above with a full itemized report provide to the COR which shows all service rendered, system/component values to include adjustments. The vendor PM report shall show system trending which is a means to identify replacement parts and or system trending which is a means to identify replacement parts and or system component needs. Vendor shall correct all deficiencies discovered during PM service and if parts are not available will arrange for emergency delivery of same for corrective action.

Corrective Maintenance Coverage:

Inspection and repair of the Power Module shall be performed as needed during the contracted period of maintenance at no extra charge to Purchaser. Remedial maintenance provided by Contractor shall include, and be expressly limited to, maintenance for ordinary wear and tear to the Power Module, travel expenses, all necessary parts replacement, adjustments, and repairs. If the Purchaser maintains spare parts at the maintenance site, Contractor may, at its option, use those spare parts in the performance of Corrective Maintenance and shall replace the spare parts, which it so uses, at no cost to the Purchaser. All Corrective Maintenance to Battery System, will be in accordance with battery manufacturers’ specification. 24/7 Technical Support: technical support via telephone or email to Contractor shall be available to answer product or support questions. See Attachment R-2

Performance Check:

Contractor shall schedule, with notice to the Purchaser, and conduct a Performance Check of the Power Module system and related Battery system. Performance Check shall include those services as listed in vendor provided PM procedures. A Contractor will perform the Performance Check at the time requested by Purchaser during the CPM. Following each inspection, Contractor will provide Purchaser with a written report describing the observed condition of the Power Module Equipment and related Battery System, status of site spare inventory, and recommendations toward future remedial maintenance, upgrades, or spare parts requirements.

Preventive Maintenance:

Annual Preventive Maintenance Visit - Calibration of all metering and protective features. Functional testing of all transfer conditions. Inspection of online performance and equipment history. Examination of interfaces to other Power train equipment. Visual check on batteries and battery environment. Written evaluation providing a record of equipment performance. A Contractor will perform the Preventive Maintenance at the time requested by Purchaser during the CPM. See Attachment R-2.

Power Protection Audit:

Once per year during the term of the Service Agreement, Contractor shall schedule, with notice to the Purchaser, and conduct a Power Protection Audit of the Power Module system, Battery system, and overall operating environment. Following each Power Protection Audit, Contractor will provide Purchaser with a written report describing audit results and recommendations. The Power Protection Audit shall be performed at the same time as the Performance Check.

Remote Monitoring Advance Response Service:

Contractor will provide Remote Monitoring Advance Response Service. This service will only be available if customer purchases a monitoring factory modem and Remote Notify. Monitoring will be done for major alarm conditions only. Contractor will provide remote diagnostics as possible, and when necessary, will dispatch a field service technician for problem resolution. Contractor will notify Purchaser contact when a major alarm occurs.

UPS Performance Report:

A monthly UPS Performance Report will be provided (only available for those Purchasers with Remote Monitoring Advance Response Service activated). Said report will provide a summary of major alarms occurring during the previous month in a monitored UPS. The monthly UPS Performance Report will be sent electronically, or a hard copy mailed at Contractor’s discretion.

Customer Web Account Access:

Contractor will provide

Purchaser with web-based access to account information and site service records. Access will be password restricted for maximum security of Purchaser records. A history of service performed as well as scheduled service calls will be available. The Purchaser shall, from the commencement date of the Service Agreement, maintain the UPS Power Module in accordance with the published operating specifications for the Power Module at the time of purchase. The Purchaser shall, unless otherwise specified in the Service Agreement, maintain the Battery System in strict accordance with the Battery System manufacturer’s recommended maintenance guidelines.

During battery PM inspection, vendor shall replace all batteries which do not meet the required specifications during load test. In addition, all batteries will be replaced at the recommended replacement cycle of 5 years for each UPS unit at no additional cost to the government.

Battery Maintenance of the Battery Equipment includes, and is expressly limited to, those tasks set forth below. Contractor is hereby authorized by Purchaser to perform, or cause to have performed, those tasks as listed below. All Battery Maintenance shall be performed by certified Eaton Power ware Technician during normal business hours (7:00 a.m. to 3:30 p.m.), Monday through Friday. Holidays observed by Contractor are not included. Vendor to provide eight (8) hour response time for emergencies.

Annual Maintenance Procedures:

Measure and record individual cell float potentials and the total battery terminal voltage using a calibrated digital voltmeter with minimum two (2) decimal place capability. Batteries in trays should be removed from the cabinet and each unit load tested with a portable tester applying 2 times its 20-ampere hour rating 15 seconds and record cell voltage at end of test period.

Measure and record ambient temperature of the top and bottom row of each battery rack.

Measure and record all the intercell/unit connector and battery cable contact resistances using a calibrated digital low resistance ohmmeter to verify that connection resistances are within 20 percent of the average optimum contact resistance determined for the particular battery per manufacturers’ guidelines. Not applicable to units with spade terminals.

Visually inspect conditions and appearance of the following:

Connection terminals, intercell/unit connectors, cables, and associated hardware.

Cell/unit covers, containers, and post seals.

Battery racks or cabinets and associated components and hardware.

Mechanicals and Housekeeping Review:

Spot check torque on battery rack frames, rails, braces, and tie rods.

Re-torque all battery connections found to be beyond acceptable contact resistance values. Connection resistances remaining above acceptable limits should be analyzed to determine the effect of the increased resistance on connection integrity, remedy as required.

Perform cleaning of accessible surfaces as required.

Inspect and/or adjust the following:

Float and equalize voltage settings.

Operation of output current and voltage meters.

General housekeeping of equipment.

Review of Customer maintained records and safety review:

Daily and monthly log entries.

System operational conditions are recorded.

Check for warning/hazard labels and operation information placards.

Inspect area for safety equipment if required.

Provide Customer with a written report:

Describe condition of the batteries and any maintenance which Contractor deems necessary. See Attachment R-5.

Hours of work:

Work is to be performed during normal duty hours, 7:00am – 3:30pm Monday thru Friday.

2. Warehouse Hours: Deliveries are accepted between the hours of 8:00 a.m. and 4:30 p.m. Monday thru Friday, excluding federal holidays.

Federal Holidays

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies

Place of Performance

Services are to be performed at Uptown and Downtown Division of the Charlie Norwood VA Medical Center.

Performance Standards

Performance measures are comprised of performance indicators (some characteristic of a deliverable that can be measured) and performance measures (a mark, measure, or benchmark that government personnel use as a point of comparison when evaluating contractor performance). The Government performs surveillance to determine if the contractor exceeds, meets, or does not meet these measures.

Performance Standards Summary

The Performance Requirements Summary Matrix, paragraph <enter number> in the Performance Work Statement (PWS), includes performance measures. The Government shall use these measures to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

STANDARD

MONITORING

METHOD

INCENTIVE/DISINCENTIVES

FOR MEETING OR NOT

Inspection and Service Perform inspection and service. Provide documented proof of time invested for each unit.

100% Compliance

Check-In Requirements Check in at the appropriate Division to ensure COR or designee is informed of their site visit

Check – in location shall be the Work Electric Shop Office UD (GB-175) and

DD (1B-182)

Will be documented and notated in contract file.

Work Quality Standards Contractor shall meet the quality standard listed in this section

Monitored by VA documented calls for inspection.

Will be documented and notated in contract file.

Access to VA Information and VA Information Systems

A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data- General, FAR 52.227-14(d) (1).

VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures comply with VA directive requirements.

Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract.

The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

Security

PER REVIEW OF VA HANDBOOK 6500.6, CONTRACT SECURITY, APPENDIX A- INFORMATION SECURITY AND PRIVACY CHECKLIST:

“The C&A requirements do not apply, and a Security Accreditation Package is not required.”

Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor

There may exist exposure to VA sensitive information, in particular to sensitive personal information (SPI) while implementing contractual services

Minimum Statutory Requirements

Prohibition on unauthorized disclosure:

Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). See VA Handbook 6500.6, Appendix C, paragraph 3.a.

Requirement for data breach notification:

Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. The term ‘security incident’ means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a

Requirement to pay liquidated damages in the event of a data breach:

Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

Each risk analysis shall address all relevant information concerning the data breach, including the following:

Nature of the event (loss, theft, unauthorized access);

Description of the event, including:

1. Date of occurrence.

2. Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code.

c. Number of individuals affected or potentially affected;

d. Names of individuals or groups affected or potentially affected.

e. Ease of logical data access to the lost, stolen or improperly accessed data considering the degree of protection for the data, e.g., unencrypted, plain text.

f. Amount of time the data has been out of VA control.

g. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

h. Known misuses of data containing sensitive personal information, if any.

i. Assessment of the potential harm to the affected individuals.

j. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate.

k. Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

Notification:

One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports.

Data breach analysis:

Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs (see VA handbook 6500.6, appendix c, paragraph 7.a, INVOICES

Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR), and submitted electronically through Tungsten Payment System in Austin, Texas.

A properly prepared invoice will contain:

Invoice Number and Date services were provided

Contractor’s Name and Address

Accurate Purchase Order Number

Description of Supply or Service provided

Total amount due

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall provide all factory certified technical labor, equipment to include specialized test equipment, and provide proof of an established factory support network which can provide immediate field support as to resolve equipment and technical problems on site. The contractor is to also provide preventive maintenance service, 8-hour response, and repair service for computer room UPS (Power ware) units located at the Charlie Norwood VAMC until units have been replaced.

Contract Period: Base POP Begin: 06-01-2022 POP End: 05-31-2023

Preventive Maintenance of new UPS systems:

Contractor shall provide all factory certified technical labor, equipment to include specialized test equipment, and provide proof of an established factory support network which can provide immediate field support as to resolve equipment and technical problems on site. All equipment is calibrated annually and meets the minimum requirements for NFPA, OSHA and IEEE. The vendor is to provide full-service preventive maintenance, 7x24 parts & labor coverage, 8-hour response, and repair service for computer room UPS units located at the Charlie Norwood VAMC.

Contractor will provide, install, and dispose of all factory specification batteries for each listed UPS Unit, Eaton-93PM-480V-50kW-UPS, and Eaton-93PM-480V-150kW-UPS. They will also provide and install at the identified 5-year replacement schedule of all factory specification batteries of the Uptown UPS unit and Downtown UPS unit.

Contract Period: Base POP Begin: 06-01-2022 POP End: 05-31-2023

Contractor shall provide all factory certified technical labor, equipment to include specialized test equipment, and provide proof of an established factory support network which can provide immediate field support as to resolve equipment and technical problems on site. The contractor is to also provide preventive maintenance service, 8-hour response, and repair service for computer room UPS (Power ware) units located at the Charlie Norwood VAMC until units have been replaced.

Contract Period: Option 1 POP Begin: 06-01-2023 POP End: 05-31-2024

Preventive Maintenance of new UPS systems:

Contractor shall provide all factory certified technical labor, equipment to include specialized test equipment, and provide proof of an established factory support network which can provide immediate field support as to resolve equipment and technical problems on site. All equipment is calibrated annually and meets the minimum requirements for NFPA, OSHA and IEEE. The vendor is to provide full-service preventive maintenance, 7x24 parts & labor coverage, 8-hour response, and repair service for computer room UPS units located at the Charlie Norwood VAMC.

Contractor will provide, install, and dispose of all factory specification batteries for each listed UPS Unit, Eaton-93PM-480V-50kW-UPS, and Eaton-93PM-480V-150kW-UPS. They will also provide and install at the identified 5-year replacement schedule of all factory specification batteries of the Uptown UPS unit and Downtown UPS unit.

Contract Period: Option 1 POP Begin: 06-01-2023 POP End: 05-31-2024

Contractor shall provide all factory certified technical labor, equipment to include specialized test equipment, and provide proof of an established factory support network which can provide immediate field support as to resolve equipment and technical problems on site. The contractor is to also provide preventive maintenance service, 8-hour response, and repair service for computer room UPS (Power ware) units located at the Charlie Norwood VAMC until units have been replaced.

Contract Period: Option 2 POP Begin: 06-01-2024 POP End: 05-31-2025

Preventive Maintenance of new UPS systems:

Contractor shall provide all factory certified technical labor, equipment to include specialized test equipment, and provide proof of an established factory support network which can provide immediate field support as to resolve equipment and technical problems on site. All equipment is calibrated annually and meets the minimum requirements for NFPA, OSHA and IEEE. The vendor is to provide full-service preventive maintenance, 7x24 parts & labor coverage, 8-hour response, and repair service for computer room UPS units located at the Charlie Norwood VAMC.

Contractor will provide, install, and dispose of all factory specification batteries for each listed UPS Unit, Eaton-93PM-480V-50kW-UPS, and Eaton-93PM-480V-150kW-UPS. They will also provide and install at the identified 5-year replacement schedule of all factory specification batteries of the Uptown UPS unit and Downtown UPS unit.

Contract Period: Option 2 POP Begin: 06-01-2024 POP End: 05-31-2025

Contractor shall provide all factory certified technical labor, equipment to include specialized test equipment, and provide proof of an established factory support network which can provide immediate field support as to resolve equipment and technical problems on site. The contractor is to also provide preventive maintenance service, 8-hour response, and repair service for computer room UPS (Power ware) units located at the Charlie Norwood VAMC until units have been replaced.

Contract Period: Option 3 POP Begin: 06-01-2025 POP End: 05-31-2026

Preventive Maintenance of new UPS systems:

Contractor shall provide all factory certified technical labor, equipment to include specialized test equipment, and provide proof of an established factory support network which can provide immediate field support as to resolve equipment and technical problems on site. All equipment is calibrated annually and meets the minimum requirements for NFPA, OSHA and IEEE. The vendor is to provide full-service preventive maintenance, 7x24 parts & labor coverage, 8-hour response, and repair service for computer room UPS units located at the Charlie Norwood VAMC.

Contractor will provide, install, and dispose of all factory specification batteries for each listed UPS Unit, Eaton-93PM-480V-50kW-UPS, and Eaton-93PM-480V-150kW-UPS. They will also provide and install at the identified 5-year replacement schedule of all factory specification batteries of the Uptown UPS unit and Downtown UPS unit.

Contract Period: Option 3 POP Begin: 06-01-2025 POP End: 05-31-2026

Contractor shall provide all factory certified technical labor, equipment to include specialized test equipment, and provide proof of an established factory support network which can provide immediate field support as to resolve equipment and technical problems on site. The contractor is to also provide preventive maintenance service, 8-hour response, and repair service for computer room UPS (Power ware) units located at the Charlie Norwood VAMC until units have been replaced.

Contract Period: Option 4 POP Begin: 06-01-2026 POP End: 05-31-2027

Preventive Maintenance of new UPS systems:

Contractor shall provide all factory certified technical labor, equipment to include specialized test equipment, and provide proof of an established factory support network which can provide immediate field support as to resolve equipment and technical problems on site. All equipment is calibrated annually and meets the minimum requirements for NFPA, OSHA and IEEE. The vendor is to provide full-service preventive maintenance, 7x24 parts & labor coverage, 8-hour response, and repair service for computer room UPS units located at the Charlie Norwood VAMC.

Contractor will provide, install, and dispose of all factory specification batteries for each listed UPS Unit, Eaton-93PM-480V-50kW-UPS, and Eaton-93PM-480V-150kW-UPS. They will also provide and install at the identified 5-year replacement schedule of all factory specification batteries of the Uptown UPS unit and Downtown UPS unit.

Contract Period: Option 4 POP Begin: 06-01-2026 POP End: 05-31-2027

Page 1 of Page 1 of

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 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…