36C24822Q1459.docx

36C24822Q1459

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

36C24822Q1459 08-0 -2022

KURT KRAMER

407-631-8708 08-19-2022 11:00

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827 X X 811310 $8 Million N/A X Department of Veterans Affairs Orlando VA Healthcare System 13800 Veterans Way Orlando F L 32827 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page Inspections, Load Bank Testing, Fuel Analysis, Preventive Maintenance of Emergency Power Supply System (EPSS) Generators for the Orlando VA Healthcare System (OVAHCS) Department of Labor, Wage Determinations apply:

WD 2015-4553 Rev.-21 WD 2015-4555 Rev.-17 See CONTINUATION Page X X X Kurt Kramer

VA-VHA-RPOE-2019-A65EFC3E

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION (continuation from Standard Form 1449, block 18A.)

Network Contracting Office 8 (NCO 8) Orlando Contracting - Services Team

3. INVOICES/PAYMENT: Invoices shall be submitted electronically, in arrears:

a. After services have been rendered and accepted.

b. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to Tungsten Network VA.Registration@tungsten-network.com or calling 1-877-752-0900 option 2 for Enrollment.

c. VA’s Electronic Invoice (e-Invoice) system uses a third-party contractor (Tungsten Network) for submission of electronic invoices. Go to this website to begin submitting electronic invoices, free of charge: http://www.tungsten-network.com/customer-campaigns/veteransaffairs-us/

For assistance setting up e-Invoice, the below information is provided:

· Tungsten Network e-Invoice Registration: VA.Registration@tungsten-network.com

· Tungsten Network Customer Service: (877) 489-6135

· VAFSC – for Invoice receipt or payment questions, call: (877)353-9791 or

· VAFSC Email: vafsccshd@va.gov

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF

SUBMISSION FOR PAYMENT REQUESTS

4. CONTRACT ADMINISTRATION. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under 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 commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

5. SPECIAL NOTES. To maintain the integrity of this solicitation and subsequent award, all quoters are advised that any question(s) must be submitted in written form via e-mail to the Contracting Officer at Kurt.Kramer@va.gov no later than Wednesday, August 10, 2022, at 11:00 am (EST). Submissions shall reference ‘36C24822Q1459 – Questions’ in the email subject line. A consolidated response via solicitation amendment to Contract Opportunities (www.SAM.gov) will be provided.

Any question(s) received after the exact time specified for receipt of questions is late and will not be considered unless the Contracting Officer determines that accepting the late question(s) would not unduly delay the acquisition.

B.2 PERFORMANCE WORK STATEMENT (PWS)

Emergency Power Supply System (EPSS)

1. General Information

1.1. Purpose: The Department of Veterans Affairs (VA) is responsible for providing uninterrupted power during outages at multiple locations as identified herein. The VA requires semi-annual inspections, preventive maintenance, annual load bank testing and fuel analysis, triennial services, repair (as needed) and battery replacement services performed on the Emergency Power Supply System (EPSS) at intervals as described in the PWS.

The contractor shall have the technology and know-how to efficiently and effectively satisfy this requirement in its entirety. The tools and equipment utilized to perform services will be conducted by certified Caterpillar contractor. The services provided shall meet or exceed minimum requirements set forth by Occupational Safety and Health Administration (OSHA), National Fire Protection Association (NFPA) 110 (levels 1 and 2), The Joint Commission (TJC), manufacturer recommendations, and as outline in the PWS. As mandated by the Joint Commission, electric power is identified as a mission-critical resource. Facilitates must have seamless access to emergency generators in the event of utility failure or catastrophic events.

1.2. Period and Place of Performance:

Ordering Period 1: September 01, 2022 to August 31, 2023 Ordering Period 2: September 01, 2023 to August 30, 2024 Ordering Period 3: September 01, 2024 to August 31, 2025 Ordering Period 4: September 01, 2025 to August 31, 2026 Ordering Period 5: September 01, 2026 to August 31, 2027

1.3. Place of Performance:

· Orlando VA Medical Center (VAMC) at Lake Nona, 13800 Veterans Way, Orlando, FL 32827, Building 7, Central Energy Plant (LKNA)

· Lake Baldwin VAMC, 5201 Raymond St, Orlando, FL 32803, Building 502, Central Energy Plant (LKBW)

· Lakemont Campus, 2500 S. Lakemont Ave, Orlando, FL 32814 (LKMT)

· Viera VA Health Care Center (VAHCC), 2900 Veterans Way, Viera, FL 32940

1.4. Hours of Operation: Perform services during normal duty hours are 7:00 a.m. to 4:30 p.m. (local time), Mondays through Fridays, excluding federal holidays, unless otherwise required in the contract or approved by the appointed Contracting Officer Representative (COR). There may be situations that require the contractor to work at times other than normal working hours. When the contractor’s work schedule conflicts with OVAMC’s requirement, advise the COR and reschedule the work to minimize disruption.

1.5. Recognized Holidays: The following approved holiday periods. Under normal circumstance, contractor is not required to perform services during Federal Holidays. Exceptions shall be made in the case of emergencies especially if patient care may be affected. The Contractor shall have an established communication system that supports 24-hour emergency services.

1.6. Special qualifications: The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations, in connection with the execution of the work.

1.7. Contractor Personnel: Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. Contractor personnel shall display an identification badge at all times when performing services under this contract at any Government facility. The badge shall contain a personal picture, employee’s name, and bear the Contractor's name or logo. Badges shall be worn on the outer garment or worn around the neck secured by an appropriate identification card lanyard.

1.7.1. Daily check-in/check-out with the COR or designee is mandatory for services performed onsite.

2. Performance Requirements:

2.1. Inspection Specification: The following items are part of the EPSS inspection program. All items will be performed as applicable under the semi-annual and the annual inspections.

2.1.1. Semi-annual Inspection:

Fuel System

1. Main tank - Check levels and record

2. Water in system - Utilize water paste dip main tank

Lubrication System

1. Level – Verify that oil level is at appropriate level as indicated by dip stick located on engine.

2. Crankcase breathers - Remove, inspect and clean.

Cooling System

1. Level – Visually inspect level inside radiator.

2. Antifreeze protection level – Test protection level of coolant and document.

3. Inhibitor level – Test level of inhibitor in coolant system and document.

4. PH level test – Test the PH level of coolant system and document.

5. Radiator exterior condition – Visually inspect for deterioration of cores and contamination build-up.

6. Fan and alternator belt(s) – Visually inspect, condition and adjust as needed.

7. Water pump – Visually inspect for leaks and condition.

8. Hoses, clamps and connectors – Visually inspect condition and pliability and tighten all hose clamp when deemed necessary.

9. Jacket water heater – Verify operation of heater and thermostat.

10. Cooling System Coolant Sample (Level 1) -

Exhaust System

1. Silencer, piping, flexes connection – Visually inspect for cracks, looseness, and excessive corrosion.

2. Insulation and Fire Hazards – Visually inspect and document.

3. Hangers and supports – Visually inspect and check hardware for tightness.

Intake System

Battery Inspection

4. Cables – Visually inspect condition.

5. Load test – Perform load test utilizing battery manufacturer approved procedures/record battery age.

6. Battery charger float – Verify operation and document.

7. Battery charger equalizer – Verifies operation and document.

Prime Mover

1. Wiring Harness and Connections – Inspect all engine wiring.

2. Mounting Hardware – Check and tighten.

3. Vibration Damper – Inspect hardware and components.

4. Governor – Inspect operation and adjust as necessary.

Generator

5. Stator lead - Check

Systems Operation

1. Place Control Switch to Manual, Record time to start.

2. Unusual Noise or Vibration – Record if applicable.

3. Leaks (fuel, coolant, oil, exhaust) – Visually inspect and correct if any are due to loose connections.

4. Exhaust Capacity and Wet Stacking – Visually inspect and record.

5. Oil Pressure Gauge – Record initial

6. Coolant Temperature Gauge - Record initial

7. Battery charging Amp/DC meter – record

8. Safety Shutdowns – Test and verify the operation of all shutdowns.

11. AC Voltage – Record no load and loaded test.

12. Amperage – Record A-PH, B-PH, and C-PH.

13. Hertz – Record no load and loaded test.

2.1.2. Annual Inspection:

4. Fan drive bearing-lubricate.

Cooling System* After Hours Only per Customer Schedule

1. Coolant Filters – Replace all engine mounted filters with new OEM or equivalent only.

2. Cooling System Coolant Sample (Level 2)- Obtain

3. Cooling System Supplemental Coolant Additive (SCA) –Test/Add

Exhaust System* After Hours Only per Customer Schedule

1. Excessive Back Pressure – Check engine back pressure, preferably under load and compare to OEM specs.

Generator* After Hours Only per Customer Schedule

1. Brushes, Commutator, Slip-Rings – Inspect for wear and polish as necessary.

2. Diodes, Surge Suppressor, Isolators – Inspect for proper mounting/tightness, remove grease build-up with di-electric spray.

3. Rotor, Stator, Exciter Field and Armature – Visually inspect windings, connections and hardware.

4. Bearings – Inspect for over-heating and grease annually.

5. Voltage Regulator, Breaker and Fuses – Inspect all mounting hardware and verify ohm readings across each pole/fuse, record accordingly.

6. Fan Drive Bearing- Lubricate

7. Air Shutoff-Test for operational efficiency.

8. Air Starting Motor Lubricator Bowl – Clean

9. Alternator - Inspect for functional efficiency.

10. Air Shutoff-Test for functional efficiency.

11. Air Starting Motor Lubricator Bowl-Clean

12. Alternator- Inspect for functional efficiency.

13. Belts-Inspect/Adjust/Replace as deemed necessary.

14. Crankshaft Vibration Damper-Inspect for functional efficiency.

15. Engine Air Cleaner Element (Dual element)- Clean/Replace

16. Engine Crankcase Breather-Clean

17. Engine Mounts-Check

18. Engine Oil and Filter-Change

19. Engine Protective Devices-Check

20. Engine Valve Lash-Inspect/Adjust

21. Element-Replace

22. Generator Bearing

23. Generator Set Vibration - Test/Record

24. Hoses and Clamps - Inspect/Replace

25. Insulation - Test

26. Rotating Rectifier – Check

27. Rotating Rectifier-Inspect/Test

28. Starting Motor - Inspect

29. Turbocharger - Inspect

30. Varistor - Check

31. Varistor - Inspect

32. Water Pump - Inspect

Fuel System * After Hours Only per Customer Schedule

1. Fuel Filter(s) – Replace all engine mounted fuel filters and/or water separator with new OEM or equivalent only

2. Fuel Injector – Inspect / Adjust

3. Fuel System Primary Filter (water separator)

4. Fuel System Secondary Filter - Replace

Fuel Tank Audit and Chemical Lab Analysis

1. Perform interior video inspection of the tank.

2. Complete a field report of the fuel and covered equipment’s condition, including but not limited to: emergency vents, vent tubes, fuel gauges, fill caps, drop/fill tubes, gaskets and tank monitoring equipment.

3. Notification of any non-compliance issues (photo/written documentation).

4. Check sumps and fuel lines.

5. Add bacterial and fungal growth blend inhibitor for fuel quality assurance.

6. Fuel samples shall be taken at a depth equivalent to that of the pickup tube.

7. Additional samples shall be taken with the approval from the COR.

2.2. Load-bank Testing:

The following items are to be checked during the annual (4) four-hour load bank test. Only units that will be load banked are LKBW, LKMT and Viera. Each unit will be load banked utilizing a portable resistive load bank. Each unit will be load banked up to 100% of nameplate kW and no less than 93% of nameplate rating. Vendor will coordinate with facilities for the most suitable access route for load bank equipment mobilization.

1. Perform a load bank test for a total of 240 minutes uninterrupted at full load. A minimum of 15 minutes of warm up period will be performed at 50% load prior to four-hour test.

2. All load bank cables will be UL Listed for outdoor use.

3. A separate ground rod will be temporarily established if equipment safety ground is not adequate.

4. A COR or representative will witness test and sign the test report once completed. Failure to obtain signature will result in delay of payment or possible re-testing.

5. If the unit must be shut off due to a performance issue, payment will be pro-rated based on contract price and time into test.

6. The following are the minimum accepted items to be recorded during every 15 minutes from the start of test:

a. ACV Ph 1&2 – Record voltage, make minor adjustments as necessary

b. ACV Ph 2&3 - Record voltage, make minor adjustments as necessary

c. ACV Ph 3&1- Record voltage, make minor adjustments as necessary

d. AC Amps / 1- Record

e. AC Amps / 2 – Record

f. AC Amps / 3 – Record

g. Hertz – Record hertz and make minor adjustments to correct as necessary

h. kW – Record

2.3. Battery Replacement Services. The Contractor is required to coordinate the delivery of batteries with the Contracting Officer’s Representative (COR) PRIOR to shipping. The Contractor is required to move and stage batteries into the generator room at the Central Energy Plant (CEP) / each facility. (*Note: The generator rooms are not accessible by forklift or hand-truck.) Failure to coordinate delivery may result in additional work & equipment for the Contractor to move batteries from the VA receiving dock / warehouse to the Central Energy Plant (CEP) at each VA location at no additional charge to the Government.

The Contractor is required to remove from the generator room CEP, stage, prepare for shipment, transport, and properly dispose all old batteries in accordance with all federal, state, and local laws. (See proof of disposal documentation requirements under para 2.5.3 below.)

2.4. Grease Bearings. The Contractor is required to grease generator bearings in accordance with each manufacturers’ specifications. Refer to the Price Schedule to identify designated generators, locations, and performance period for work to occur.

2.5. Triennial Services.

2.5.1. Air Shutoff Damper - Remove/Check for functional efficiency.

2.5.2. Cooling System Coolant (DEAC) - Change

2.5.3. Cooling System Coolant Extender (ELC) - Add

2.5.4. Cooling System Water Temperature Regulator- Replace

2.6. Repair Services: All repairs based on discrepancies noted during inspections will be submitted to the COR or designee within 24 hours of discrepancies discovery for items that are not service affecting. Service affecting items such as those that place a unit out of service will be submitting prior to the close of business for that day. All work will be conducted in a manner that will provide minimal disruption to the employees, residents and visitors of the OVAMC facilities (Lake Nona, Lake Baldwin Lakemont and Viera).

The Contractor shall submit a quote (detailing the required parts and labor hours) to perform the repair. The Government is required to determine the quoted pricing is fair and reasonable. Repair services will be authorized via the issuance of a modification or task order on an as needed basis. (*Note: The Government reserves the right to seek repairs under a separate contract action.)

2.6.1. Non- emergency Repair Services: Non-emergency repair services are defined as repairs necessary to maintain the life expectancy of the EPSS equipment. All non-emergency repairs will have a 48-hour or less response time by the Contractor. Repairs may be conducted during or after normal business hours. The contractor will be responsible for obtaining approval from the Contract Officer prior to accessing the worksite and coordinating any shutdown(s) to perform repairs.

2.6.2. Emergency Repair Services: Emergency repair services are defined as repairs required to maintain the operational readiness (i.e. minimum ability to sustain life safety or critical loads) of the EPSS equipment. All emergency repairs will have a 2-hour or less response time by the Contractor. Repairs may be conducted during or after normal business hours. The contractor will be responsible for obtaining approval from the Contract Officer prior to accessing the worksite and coordinating any shutdown(s) to perform repairs.

2.6.3 Parts: The Government shall be responsible for purchasing all parts; however, the Contractor may be asked to provide quotes from their distributors should the Government wish to purchase parts from the Contractor.

The Contractor shall have ready access to all parts, including unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment. All parts shall be of current manufacturer and have complete versatility with the presently installed equipment. All parts will be sold as new, be OEM, and perform identically to the original equipment specifications, unless an upgrade is required. (Rebuilt parts, used parts, or those removed from another system shall not be installed without written approval by the COR.)

It is understood that defective parts replaced during any service shall remain the property of the VA and disposal of the same will be determined by the COR.

2.7. Reports/Documentation:

2.7.1. Inspection reports shall be delivered to the COR, via email in PDF format within seven days after inspection completion date.

2.7.2. Annual testing and fuel analysis results shall be delivered to the COR, via email in PDF format within seven days after inspection completion date.

2.7.3. Maintenance, repair, or battery replacement services shall be documented on a formal work order and provided to the COR upon completion of services. Regardless of any wording to the contrary which may appear on the Contractor’s standard forms, those reports will be conditionally accepted by the Government subject to later inspection for compliance with established standards of quality.

3. Deliverables

3.1. Annual EPSS inspection services and reporting

3.2. Annual load bank testing services, fuel analysis, and reporting

3.3. Semi-annual inspection services and reporting

3.4. Triennial Services and reporting

3.5. Grease Bearings and reporting

3.6. Battery replacement services and reporting

3.7. Repair services and reporting (as required)

4. Performance Standard

4.1. The COR shall be responsible for monitoring the Contractor's performance. Performance deficiencies or poor performance identified during the term of the contract shall be documented by the Government and reported to the Contractor. Upon notification of deficiencies or poor performance, the Contractor shall be given a reasonable time to take corrective action. If determined appropriate, the Contracting Officer, COR, and/or other VA staff members shall meet with representatives of the Contractor to review performance and resolve issues. All deficiencies or poor performance shall be documented and MUST be corrected within the timeframe specified by the Government. The Contractor shall notify the Contracting Officer and the COR when correction(s) have been made. If the appropriate correction is not made within the timeframe specified, the Government shall have the right to terminate the contract in it is entirety. Nothing in this section is intended to modify or waive the government’s rights outlined in 52.212-4.

Indicators Performance Standards

Negative: Reperformance until performance standard is met, and/or adverse CPARS.

Positive: Acceptable rating in CPARS

Negative: May result in adverse CPARS

Positive: Acceptable rating in CPARS

Negative: May result in adverse CPARS

Negative: May result in adverse CPARS; and pr payment delay

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SECTION C - CONTRACT CLAUSES

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

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

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

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

(End of Clause)

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

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

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

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

(End of Clause) C.3 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause— United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned 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) C.7 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

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

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

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. The Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ________________________________________ Printed Title of Signee: _________________________________________ Signature: ___________________________________________________ Date: _____________________ Company Name and Address: ________________________________________ (End of Clause)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

(End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

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

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

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small…