36C25021Q0767.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 67

541-21-3-5746-0097

36C25021Q0767 06-08-2021

Ryan Hetsler 614-257-5200 x2210 06-15-2021

12:00 PM EDT

Department of Veterans Affairs NCO 10 - Columbus 2780 Airport Dr.

Ste. 340 Columbus OH 43219-1834

X 100

X

811219

$22 Million

N/A

Louis Stokes Cleveland VAMC 10701 East Blvd.

Cleveland, OH 44106

NCO 10 - Columbus 2780 Airport Dr.

36C250

Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs// e-Invoice Setup Info Phone 877-489-6135

877-353-9791 512-460-5429

See CONTINUATION Page

Contractor to provide annual inspection and maintenance services on ASCO automatic transfer switches as provided in included SOW.

Government is requesting quotes for services on a base year with 4 option years.

See CONTINUATION Page

Davina Perry Contract Officer

36C25021Q0767

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 SCOPE OF WORK (SOW)

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...21

C.4 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.8 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..26

C.11 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020) 35

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020) 39

E.2 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021)

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: 36C250 Ryan Hetsler, Contract Specialist

NCO 10 - Columbus 2780 Airport Dr.

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Montly in arrears

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

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs// e-Invoice Setup Info Phone 877-489-6135

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVIC

ES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Perform Annual Maintenance of Transfer Switches.

Contract Period:

Base POP Begin: 06-15- POP End: 06-14-

1.00 YR

1001 Perform Annual

Maintenance of Transfer Switches.

Contract Period:

Option 1 POP Begin: 06-15- POP End: 06-14-

2001 Perform Annual

Transfer Switches.

Contract Period:

Option 2 POP Begin: 06-15- POP End: 06-14-

3001 Perform Annual

Transfer Switches.

Contract Period:

Option 3 POP Begin: 06-15- POP End: 06-14-

4001 Perform Annual Maintenance of Transfer Switches.

Contract Period:

Option 4 POP Begin: 06-15- POP End: 06-14-

GRAND TOTAL

B.3 SCOPE OF WORK (SOW)

AUTOMATIC TRANSFER SWITCHES MAINTENANCE SCOPE OF WORK

For

The Emergency Power Facility Wide Backup Systems

Located at:

Louis Stokes Cleveland VAMC – Wade Park 10701 East Boulevard Cleveland, Ohio 44106

SCOPE OF WORK

The work under this section is subject to those provisions of the Department of Veterans Affairs – ATS Maintenance Agreement, which will affect the work herein specified.

This specification establishes the minimum requirements for a full maintenance program, which shall be contracted for by the Department of Veterans Affairs with an approved bidder.

(Automatic Transfer Switch Maintenance Provider).

All Automatic Transfer Switches under this contract shall be maintained in first class operating condition and must comply with all requirements of the latest revised edition (as of the date bids are taken) of the National Electric Code NFPA70 and Electrical Safety in the Work place NFPA70E, Life Safety Code NFPA 101 and all other applicable laws, regulations, ordinances, codes, etc.

WORK HOURS

All work shall be performed during regular working hours (7:00 AM – 3:30PM) of regular working days (Monday – Friday) unless otherwise specified.

The Contractor shall provide scheduled routine maintenance during regular hours for all

ATSs during the month of December.

INSPECTION OF EQUIPMENT AND CONDITIONS AT JOB SITE

Prior to bidding, it shall be the responsibility of the bidder to visit the job site and inspect each ATS to establish to his satisfaction the condition of the ATS equipment to be maintained and any other conditions affecting the work to be performed, this includes ATSs that are of different manufactures. This equipment is offered in an "as is" condition. No claim shall be allowed for correction of deficiencies claimed to exist prior to award of contract.

WIRING DIAGRAMS

Contractor shall provide to the Department of Veterans Affairs a set of reproducible wiring diagrams covering all changes, modifications, etc., which take place during the contract term. These reproducible wiring diagrams are to be furnished to the Department of Veterans Affairs immediately following modifications.

PERFORMANCE REPORTS

At the end of each three hundred and sixty (360) day period the Contractor shall provide the VA Point of Contact (POC) a report of performance to review performance and scheduled major repairs contemplated during the next three hundred sixty (360) day period. The Contractor shall submit written work orders and performance reports, and invoices no later than seven days at the end of each equipment service date during the twelve (12) month period.

CHECKING IN AND OUT REQUIREMENTS

The Contractor's personnel shall report to the Department of Veterans Affairs at a mutually agreed time and place prior to commencing work and check out after completing the work. This requirement applies to regular maintenance, repairs and callbacks. At time of check-in, the Department of Veterans Affairs shall provide Contractor's personnel with a list of any reported problems requiring the Contractor's attention.

TIME SHEETS AND WORK REPORTS

Each time an ATS is serviced, inspected, repaired, etc., whether emergency or regular, a report on an approved form shall be submitted to Department of Veterans Affairs within three (3) working days, via email, fax, or “hand-delivery” following the service work. Nights, holidays, and weekend’s service reports are to be submitted within three (3) working days. The time sheet or ticket shall include the date the work was performed, a description of the work performed, the manufacture and serial number the work was performed on, along with the Department of Veterans Affairs name authorizing the work. Acceptance of work is subject to approval by the assigned Department of Veterans Affairs POC. Signing of daily work reports is not considered approval.

SCOPE OF MAINTENANCE WORK

This specification provides for complete maintenance coverage including all that is listed below.

Procedure Transfer Switch Status De-energized Energized

1. De-energize the switchgear and engine start signals. Yes No

2. Secure and lockout normal and emergency disconnects. Yes No

3. Remove the arc chutes and pole covers. Yes No

4. Verify and record all sensing and time delay functions in the switchgear. Yes Yes

5. Vacuum clean the accumulated dust from the switchgear and Accessory panels. Yes Yes

6. Inspect for moisture or signs of previous wetness or dripping. Yes Yes

7. Remove dirt and grime with an approved solvent. Yes Yes

8. Clean and lubricate TS coil and operator linkage. Yes Yes

9. Inspect all insulating parts for cracks or discoloration due to excessive heat. Yes As Allowed

10. Inspect all main arcing contacts for excessive erosion. Yes Meter

11. Inspect all main current carrying contacts for pitting and discoloration due to excessive heat. Yes No

12. Perform contact resistance test on normal and emergency main contacts. Yes Meter

13. Inspect and clean all add-on panels and accessories. Yes Yes

14. Inspect and clean all add-on panels and accessories. Yes Yes

15. Re-install arc chutes and pole covers. Yes N/A

16. Manually operate the main transfer movement to check proper contact alignment, deflection Yes No gap and wiping action and control contact operation.

17. Check all cable and control wire connections to the transfer switch control and sensing panel Yes Controls Only and other system components and tighten if necessary.

18. Reconnect Engine Start. Yes N/A

19. Re-energize the switchgear and conduct a test by simulating a normal source failure. Yes As Allowed

20. Perform millivolt drop readings across normal and emergency main contacts during transfer Yes Yes test.

21. Prepare Computer Generated Report* of inspection for each piece of equipment and submit Yes Yes to customer.

*A sample of this report will be provided if requested.

Additional requirements as follows, but not limited to:

All work to be performed by an ASCO factory authorized field service engineer.

Vendor to be an ASCO factory authorized dealer.

Priority emergency service response.

Emergency Service Calls at no additional charge.

Discounts on replacement parts.

Direct access to OEM repair parts.

Prompt notification of factory upgrades and new product releases.

Access to the ASCO Services “Emergency Stock” of replacement transfer switches located strategically throughout the U.S.

Computer generated service reports for all covered equipment.

Emergency call will have a field service engineer on site in no more than 6 hours from the time the call is placed, barring any Act of God.

SCHEDULED MAINTENANCE

All preventive maintenance performed by the Contractor shall be scheduled on each Automatic transfer switch by a certified and licensed ATS contractor prior to commencement of the contract and subject to final approval of the Department of Veterans Affairs POC. All service inspections and maintenance shall take place at the beginning of the month to allow the proper documentation to be included in that month’s PMs. If any ATS maintenance and/or repair work is performed outside of normal working hours, only the bonus portion of the overtime hours work will be billed.

The preventive maintenance schedule, as prepared by the Contractor, shall show Department of Veterans Affairs name, ATS serial numbers, examination frequency, examination hours and be keyed to a preventive maintenance schedule prepared for the specific equipment covered by this specification. Number of ATSs, serial numbers, line and load locations is outlined in the “Automatic Transfer Switches” section.

1. Examine: The Contractor shall examine the equipment on a regular interval as set forth above.

a) When, as a result of an examination, corrective action is found to be the responsibility of the Contractor, the Contractor shall proceed immediately to make (or cause to be made) replacements, repairs and corrections. When such work is determined not to be the Contractor's responsibility, a written report, signed by the Contractor, shall be delivered to the Department of Veterans Affairs for further action.

b) Items of an emergency nature shall be communicated to the

Department of Veterans Affairs immediately and followed up in written form.

c) Examinations of the equipment shall follow the basic procedures recognized by the transfer switch service industry.

2. Clean: The Contractor shall clean all equipment and its surroundings before exiting the area. Cleaning of the equipment shall occur on annual frequency to maintain a professional appearance and preserve the life of the equipment.

3. Paint: The Contractor shall maintain a professional appearance, prevent rusting, and preserve the equipment. All paint shall be suitable for the purpose intended and be of a high quality. Application of the paint shall, in all circumstances, comply with applicable local codes and/or current ANSI codes.

4. Lubricate: The Contractor shall lubricate all moving parts of the equipment. Lubricants shall be applied at intervals recommended by the equipment manufacturer or as dictated through use of the equipment. All lubricants shall be suitable for the purpose intended and shall meet or exceed the minimum requirements specified by the manufacturer of the equipment to which the lubricant is applied.

5. Adjust: The Contractor shall adjust the equipment. Adjustments shall be made as necessary and when the operation of the equipment varies from its normal or originally designed performance standards, as a result of normal wear and use.

a) Qualified individuals properly trained and equipped with tools and instruments, and employed by the Contractor shall make adjustments. Adjustments shall be made at regular intervals frequent enough to maintain the Automatic Transfer Switch in optimum operating condition.

b) Parts or assemblies which have worn (or otherwise deteriorated) beyond "normal" adjustment limits shall be replaced as provided for under the "Replace" and/or "Repair" section of this specification.

6. Replace: The Contractor shall, when required, "replace" items covered under the contract during the course of scheduled preventive maintenance when in the reasonable opinion of Department of Veterans Affairs such replacement will prevent an unscheduled shutdown and/or ensure the continued normal operation of the elevator or which otherwise will extend the useful life of the ATS. All replacements shall be made using original manufacturer's parts or Department of Veterans Affairs approved equal.

7. Repairs:

a) Repairs which are the responsibility of the Contractor:

Repairs shall be made by the Contractor to ATS components covered by the agreement. The Contractor shall make (or cause to be made) all repairs made necessary due to normal wear and use of the ATS system. All repairs performed by the Contractor shall be completed in a timely manner and considered as repaired/rebuilt to like new condition. No parts or equipment covered under this agreement may be permanently removed from the job site without written approval by the Department of Veterans Affairs.

b) Repairs which are the responsibility of the Department of Veterans

Affairs:

Repairs shall be made by the Contractor, when authorized by the Department of Veterans Affairs where such repairs are not included in the contract. The Contractor shall make (or cause to be made) all repairs made necessary for any reason during the term of the contract. The Contractor shall supply all labor, materials, and supplies at the Contractor's usual billing rates. On completion of all repair work, the Contractor shall submit to the Department of Veterans Affairs for payment an invoice detailing the nature of the work performed and related charges. The repair billing rate shall be set forth in the bid document.

Prior to any repairs being made by the Contractor, the Contractor shall submit a written proposal to the Department of Veterans Affairs to obtain formal approval to proceed.

8. Callback Service: The ATS Contractor shall provide a 24/7

“Answering/Call Center” in order to monitor the ATS Emergency Telephones in each elevator 24/7 at no additional charge. Additionally, Emergency callback service shall be provided between the hours of 6:00 AM and 6:00 PM at no additional charge. For the purpose of this specification, a "callback" is a request from the Department of Veterans Affairs to the Contractor, requesting the Contractor to go to a specific ATS to correct any ATS problem and/or condition, which in the Owner/Manager's opinion needs attention before the Contractor's next scheduled preventive maintenance visit. Lamp and Signal Replacements shall be performed during on the spot maintenance visits.

a) Additionally, a "callback" is work which can ordinarily be performed by one person working alone at the job site for a period of time not exceeding eight hours.

b) Work required in excess of the basic eight hours and/or which requires a second person shall be considered "Repair" work and shall be governed by the "Repair" provisions and specifications set forth elsewhere in this specification.

c) Normal service during regular working hours (7:00 AM – 3:30 PM):

The Contractor shall, without additional charge to the Department of Veterans Affairs provide callback service during the Contractor's regular working hours. The Contractor shall respond to a callback within two (2) hour of the time reported to the Contractor.

d) Emergency service during overtime working hours.

The Contractor shall provide 24-hour callback service. Should an “Authorized Representative” of the Department of Veterans Affairs request Emergency callback service outside of the normal working hours, the Contractor shall respond to an overtime callback within one (1) hour of the time reported to the Contractor.

AUTOMATIC TRANSFER SWITCHES

ATS # ATS PANEL NUMBER ROOM NUMBER PANEL SERVED SERIAL NUMBER

#1 LSSBAC1 RM # BA-151 LSSBAC1 # 141861-1

#2 CRSBAC1 RM # BA-151 CRSBAC1 # 141861-2

#3 EQSBAC1 RM # BA-151 EQSBAC1 # 141862

#4 EQSBAC2 RM # BA-151 EQSBAC2 # 141863

#5 DPD1 LS ROOM # D-21 DPD1 LS # 402791001-1

#6 DPHKB1EQ ROOM # K-03 DPHKB1EQ # 546210 WE

#7 DPHKB1LS ROOM # K-03 DPHKB1LS # 530199

#8 MCCG11 EQ ROOM # D-21 MCC-G11 # 402791001-3

#9 SPARE

#10 SPARE

#11 DPHL11CR1

ROOM # 105 (PURPLE

HALL)

DPHL11CR1 # 668361001

#12 MCC-E1

ROOM # 105 (PURPLE

HALL)

MCC-E1 # 713077001

#13 DPHL11LS1

ROOM # 105 (PURPLE

HALL)

DPHL11LS1 # 668361002

#14 ATS ELE72 7000 PH ELEV SW GR RM ELE72 # 197818

#15 ATS EC ROOM # BE-601 EC 4-EMDP # 181708

#16 DPNB1CR ROOM # BE-261 DPNB1-CR # 271685FP

#17 DPNB1EQ ROOM # BE-261 DPNB1-EQ # 268904FP

#18 DPNB1LS ROOM # BE-261 DPNB1-LS # 268903FP

#19 DPNB1 CATH ROOM # BE-261 BDP-UPS # 282767FP

#20 SBME1-EQ ROOM # 2B-900 SBME1-EQ # 422514 WE

#21 SBMW1-EQ ROOM # 2B-900 SBMW1-EQ # 422514 WE

#22 EQG11 ROOM # D-21 EQG11 # 455310

#23 HBCR1 ROOM BD-422 SBHEBCR1

# 506511-

002WE

#24 HBLS1 ROOM BD-422 SBHEBLS1 # 506512 WE

#25 HBEQ1 ROOM BD-422 SBHEBEQ1

# 506511-001

WE

#26 SPARE ROOM BD-424 DPHL72EQ 1259263

#27 SPARE

#28 SPARE

#29 SPARE

#30 SPARE BD-424 DPHEBCR1 1573577

#31 SPARE

#32 SPARE

#33 CATS1 RM # 1F-192B DPC1

# 504834-001

WE

#34 CATS2 RM # 1F-192B DPC2

# 504834-002

WE

#35 LATS1 RM # 1F-192B F1PSH1

# 504835-001

WE

#36 EATS1 RM # 1F-192A FAPEH1 # 504835-002

WE

#37 EATS2 RM # PF-105 DPE1 # 492315 WE

#38 EATS3 RM # PF-105 DPE2 # 492314 WE

#39 ATS LS1 LAB WH PH EPLD1

# 600186-002

WE

#40 ATS C2 LAB WH PH EPHD1

# 600186-001

WE

#41 TELEDATA ATS RM # 2B-502 P.H. PANEL T/D # 1005140 WE

#42 RAD2ATSG1 ROOM # 2B-504 (RAD P.H.) RAD2PGH1 #503355 we

#43 DPHL31CR2 RM 7TH FL PH DPHL31CR2 # 606154 WE

#44 DPHL71EQ RM 7TH FL PH DPHL71EQ #606153 we

#45 DPHL31EQA RM 7TH FL PH DPHL31EQA 60152-001 WE

#46 DPHL31EQB RM 7TH FL PH DPHL31EQB 606152-002 WE

#47 ATS- C3 RM # 2F-501B P.H. EPHD2 #53381

#48 ATS- CR1 RM # 2F-501D P.H. PPCL1 # 2527751

#49 RADBATSC1 ROOM # BB-551 RADBLCH1 # 1023891 WE

#50 RADBATSG1 ROOM # BB-551 RADBDPEH1 # 1058375 WE

#51 4SD2 ENERGY CENTER 4SD2 1259264 RE

#52 4SD1 ENERGY CENTER 4SD1 12592645 RE

#65 ATS - EC3 ENERGY CENTER

CHILLER

4,5,DPE2,DPE3,DPE4

# 902314 WE

SCHEDULED SHUTDOWNS

All power shutdowns are to be coordinated by the Department of Veterans Affairs POC.

Any repairs that require the interruption of electrical service to the medical facility must be passed through the POC or an “Authorized Representative” of the Department of Veterans Affairs. Interruption of the load side of the ATS is to be avoided at all cost due to the fact it will leave the facility in a black situation. If it is necessary to shut down the load side of the ATS, it is the vendor’s responsibility to notify any individuals present that this will be the case. All plans for support of the facility will be the sole responsibility of an “Authorized Representative” of the Department of Veterans Affairs.

Scheduled interruptions of power shut down hours are as follows. Shut downs are normally scheduled on Sundays at a 6am start time. Shut downs during normal work hours are to be avoided at all costs. Off hours during the week can be coordinated with the Department of Veterans Affairs only at the Department of Veterans Affairs discretion.

SAFETY RELATED ISSUES

All doors must remain closed and secure at all times. Propping doors open will not be tolerated.

Contractor is to notify the electrical shop, nursing supervisor or charge nurse when they start in the morning and when they are finished at the end of the day. Contractor must keep the electrical shop and nursing supervisor informed on his decisions pertaining to the job. If nursing supervisor or electric shop request vendor to discontinue work for the day vendor must comply.

Electrical shop will be notified immediately if there is a work stoppage. Vendor must keep in mind that this is a patient ward and no tools or carts can be left unattended.

Security: Contractor is also responsible for security badges of all contractor/subcontractor personnel. Every worker must have a badge and form of identification when working on VA property, and is subject to VA security checks and enforcement actions while working on VA property.

Above Ceiling Work Permits: Contractor shall request and follow all provisions of approved permit(s) while working in the Medical Center. Working outside of construction barriers without having approved permit with construction personnel is cause for immediate cessation of work by the POC/ACO.

Lock Out/Tag out Energy Control Program shall be observed by all contractor personnel.

Contractor is to submit a copy of their policy for approval. Provide contractors with copy of Medical Center Lock Out/Tag out Policy 138-031.

Professional Behavior: Please remind all staff and subcontractors that they are working in an active medical center environment, and professional behavior is expected at all times.

Since work is sometimes performed directly adjacent to active offices or patient care areas, please be cognizant of excessive noise and disruptions to those nearby (radios too loud, use of foul/inappropriate language, etc.)

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 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 contract expiration.

(End of Clause)

C.3 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 of the contract expiration; 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.4 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond September 30TH. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30TH, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

C.6 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.

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

[X] 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.

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

[] 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.

[X] 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.7 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.8 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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…