36C25021Q1081.docx

36C25021Q1081

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

506-21-4-522-0047 36C25021Q1081 08-24-2021 John McCallum 734-222-7157 09-07-2021 16:30

EDT

36C250 Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105 X 238210 $16.5 Million N/A X 36C506 Department of Veterans Affairs VA Ann Arbor Healthcare System

WAREHOUSE

2215 Fuller Road Ann Arbor MI 48105 Y Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 X See CONTINUATION Page RFQ for the LTC Charles S. Kettles VA Medical Center located in Ann Arbor, Michigan to complete Triennial Electrical Testing as outlined in section B.2 SOW below.

Current Wage Determinations are listed in D.1 below for:

23160 - Electrician Maintenance - available for download at:

www.sam.gov by searching Wage Determinations All Invoices to Tungsten System:

URL: https://authentication.tungsten-network.com/login Email RFQ Submissions only to: john.mccallum3@va.gov

RFQ DUE NO LATER THAN 09/07/2021 @ 16:30 PM EDT

This RFQ and resulting contract are subject to VHA Directive

1193 CORONAVIRUS DISEASE 2019 VACCINATION PROGRAM

See CONTINUATION Page X X X John McCallum

VA-VHA-SAOC-2018-95B775E0

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

b. GOVERNMENT:

Contracting Officer 36C250 John McCallum / john.mccallum3@va.gov / 734-222-7157 Or any Warranted NCO 10 Contracting Officer as assigned.

Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

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

3. INVOICES: Invoices shall be submitted in arrears:

c. Other [X] Upon submission of final report, invoice, and VA acceptance.

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 Management System PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

STATEMENT OF WORK (SOW)

Inspection, Testing and Maintenance of the Electrical Power Distribution System for the Department of Veterans Affairs, LTC Charles S. Kettles VA Medical Center, located in Ann Arbor, Michigan (AAVAMC)

1. INTRODUCTION:

A. This SOW describes the requirements for the maintenance, inspection, testing, and/or calibration of the Electrical Power Distribution System and all of its components at the AAVAMC. These work items are referenced as “Maintenance and Testing” in this document, hereafter.

B. This SOW describes the requirements for the Qualified Electrical Contract Professionals – known as “Contractors” in this document, hereafter. Contractors who are contracted by VA Medical Center to perform maintenance and testing of the Electrical Power Distribution System, and all of its components shall meet all requirements stated in Section 2 of this SOW.

C. This SOW describes the requirements to establish maintenance and testing reports.

2. QUALIFICATIONS OF CONTRACTORS:

A. Contractors shall be experienced Electrical Contractors, having properly trained and licensed permanent staff required to perform the proposed work. Electrical Contracting (i.e. the construction, repair, testing and maintenance of industrial and commercial electrical distribution systems) shall be the primary interest/specialty of the Contractor’s business.

B. Contractors shall be certified by the InterNational Electrical Testing Association (NETA) as Certified Technicians with each having completed the Occupational Safety & Health Administration (OSHA) approved 10-hour construction safety training. An on-site Competent Person as defined by NFPA 70E shall have completed the OSHA 30-hour Construction Safety Training. Certifications must be provided prior to work.

C. Contractors shall have technical training and demonstrable track records of working experience in maintenance, inspection, and testing of the Electrical Power Distribution Systems and related components in healthcare, industrial, educational, and commercial facilities for a minimum of five (5) continuous years. Electrical components on which the Contractors have experience shall include, but not be limited to, switchboards & switchgear (low and medium voltage); low voltage controls; emergency and standby generators; automatic transfer switches, wiring, transformers, meters, and other electrical appurtenances. Provide a list of three (3) jobs that are similar is scope and cost.

D. Contractors shall have safety trainings – either on-the-job or classroom type - in electrical safety outlined in the OSHA Standard 29 Code of Federal Regulations (CFR) 1910 Subpart S – Electrical, and the NFPA 70E – Standard for Electrical Safety in the Workplace. Training certification shall be provided indicating each technician is a Qualified Person as defined by NFPA 70E. Training certifications shall be submitted to the VA Contracting Officer prior to work. If no training certifications are available, the contractor’ Employer shall certify that he/she has met this requirement in writing and submit it to the VA Contracting Officer prior to work.

E. Contractors shall have ready access to and knowledge of the latest versions of the following references:

1) NFPA 70, National Electrical Code.

2) NFPA 70B, Recommended Practice for Electrical Equipment Maintenance.

3) NFPA 70E, Standard for Electrical Safety for the Workplace.

4) NFPA 110, Standard for Emergency and Standby Power System.

5) OSHA Standard 29 CFR 1910, Subparts I & S.

6) InterNational Electrical Testing Association, Inc. (NETA) – Maintenance and Testing Specifications.

7) Operating/Maintenance manuals, and specifications of the electrical equipment to be maintained and tested. These documents may be obtained from the VHA Medical Center, or the equipment manufacturers.

8) VHA Directive 1028, Electrical Power Distribution System

A. Transformers, including all related components, are inspected, tested, and maintained. The following is a list of items to be inspected, tested, and maintained in this contract:

1. Transformers must be cleaned exteriorly, inspected for signs of overheating with infrared thermal detecting equipment, and inspected for any damage to the housing, connection points, or insulation.

2. Liquid cooled transformers must have the cooling liquid tested; and replaced when test indicates that the liquid no longer meets manufacturer’s specification. The liquid must be replaced to meet the manufacturer’s specification.

3. Dry type transformers must be thoroughly cleaned exteriorly and inspected for overheating with infrared thermal detecting equipment.

B. Electrical equipment (including, but not limited to switchgears, switchboards, distribution panels, motor control centers, and all related components) are required to be inspected, tested, maintained, or calibrated. This inspection, testing, maintenance, and/or calibration requirement shall be accomplished on this contract and documented to meet these requirements.

NOTE: The National Electrical Testing Association (NETA) provides guidance which is considered best practice for the maintenance of electrical equipment; these practices should be followed to the maximum extent possible.

(a) Use lint-free rags to clean conductors, contact points between the circuit breakers and main buss bars, buss bars and interior of the electrical equipment. Use a vacuum cleaner to remove large debris; compressed air is not to be used for this purpose. Visually inspect for signs of overheating, misaligned contacts, damaged insulation, lose lugs or any observed deficiency.

(b) Lubricate all moving parts with manufacturer’s approved lubricants.

(c) Test and exercise circuit breakers located in switchgears, switchboard, and distribution panels to ensure operation under overload, and short circuit conditions.

NOTE: All molded case circuit breakers (including frames size 225 amps or less) must be tested to determine if contacts open and reclose when breaker is manually tripped and restored. All panels are to be tested including emergency panels. All testing shall be fully documented and a comprehensive report shall be filed with the COR at completion of testing.

(d) Test ground fault protection devices for proper function if they are installed in the Facility Electrical Power System.

(e) Facility Ground Resistance Testing

a. Inspect and tighten ground connections.

b. Test ground resistance for the entire facility grounding system. This includes all medium voltage primary switchgear, all unit substations, and all grounding electrode conductors of separately derived systems (i.e. dry type and oil filled transformers)

c. Any method of ground resistance must be considered acceptable if it can verify continuity and quantify the impedance to ground, to include but not limited to fall-of-potential, induced frequency, and clamp on testing.

d. If initial tests indicate a problem or concern (e.g., ground resistance is greater than 25 ohms), a more detailed test must be performed using fall-of-potential or 3-point testing.

e. Where installed, the lightning protection system must be inspected and tested for continuity to ground, ground resistance and certification in accordance with Underwriters Laboratory (UL) standard 96A.

(f) Identify any and all hot spots in the electrical equipment by using infrared thermal detecting equipment. Tighten problem connections to meet equipment manufacturers’ specification using a torque wrench or other approved devices.

(g) Calibrate and maintain adjustable protective relays.

(h) Test all control systems equipment for proper operation after maintenance is performed and before placing them back in normal service.

C. 4-Hour Power Outage Test The Contractor shall be present for and will participate in the VAMC 4-hour test of the Essential Electrical System (EES). This test shall be scheduled at the VA’s discretion and will fulfill the requirements of VHA Directive, Electrical Power Distribution System, NFPA 110 (e.g. Para. 8.4.9.) and The Joint Commission. This test will include opening of all utility service connections serving the VAMC for a minimum of 4-hours. During the test period, verify operation of all EES components including the transfer to emergency power and return to normal service. The estimated duration of the Contractor’s involvement is between 8 – 12 hours. The Contractor shall assist the VAMC staff with troubleshooting and correcting malfunctioning electrical equipment discovered during the test. Contractor shall make any required adjustments and/or re-calibrations to all equipment which has been otherwise maintained, inspected, and tested under this Scope of Work.

D. Electrical Safety Training The Contractor shall be responsible for providing Electrical Safety Training for up to 25 employees. Training will be performed in a classroom setting located at 2215 Fuller Rd., Ann Arbor, MI 48105-2303. Training curriculum must comply with NFPA 70E, 110.2(A) & 110.2(B). Once training is completed contractor will provide two (2) binders that contains course syllabus and curriculum, as well as a roster signed by each technician that attended training.

E. Automatic Transfer Switch Inspection and Maintenance

a. De-energize the switchgear (ATSs equipped with an isolation bypass feature that do not need to be de-energized).

b. Remove the arc chutes and pole covers. Consult the manufacturer's information for proper procedure. This step will allow visual inspection of the main and arcing contacts.

c. Test and recalibrate all trip-sensing and time-delay functions in the switchgear. Depending on the manufacturer, the steps required here will vary. The focus here should be to verify and record what current settings are and to ensure the current adjustments meet the customer's needs and expectations. If adjustments are necessary, the means to make and verify those adjustments need to be examined. For example, a voltage pick-up or dropout adjustment may require the use of a variable source such as a variable ac transformer. The standby engine can be a source of variable frequency, etc. In any case, the manufacturer is your source for information concerning these adjustments.

d. Vacuum the accumulated dust from the switchgear and accessory panels. Never use air to blow out dirt. Subjecting the TS unit to compressed air may have a detrimental effect by forcing dirt and debris into the switch mechanism.

e. Inspect for moisture or signs of previous wetness or dripping.

f. Clean grime with an approved solvent. Consult the OEM for a recommendation.

g. Inspect all insulating parts for cracks or discoloration due to excessive heat. Part of any complete maintenance program is an infrared scan. This work is done prior to maintenance with normal loads applied to the gear being scanned. The resultant report will define problem areas. The use of this information will allow the maintenance provider to take a proactive approach.

h. Inspect all main arcing contacts for excessive erosion. Arcing contacts are intended to be sacrificial by nature. They take the brunt of the energy when making or breaking the load. Careful attention should be paid to these contacts.

i. Inspect all main current-carrying contacts for pitting and discoloration due to excessive heat.

j. Inspect all control relay contacts for excessive erosion and discoloration due to excessive heat.

k. Manually operate the main transfer movement to check proper contact alignment, deflection, gap, and wiping action.

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

m. Re-energize the switchgear and conduct a test by simulating a normal source failure.

F. The Contractor shall provide a proposed schedule within 14 days of award date. The schedule shall be in the form of a progress chart of suitable scale to indicate the work scheduled for completion by any given date during the work period. The proposed schedule shall be reviewed by the AAVAMC Facilities Management; any requirements for adjusting the schedule (e.g. to minimize disruption to the AAVAMC) shall be incorporated by the Contractor. See Appendix C – Electrical Testing for a proposed schedule of outages. This document is an estimate only and will change.

G. Contractors shall report deficiencies that are deemed critical or catastrophic immediately to the Contracting Officer and Chief of Facilities Management for immediate actions.

H. Work items, definitions, and references shall comply with the latest edition of the NETA – Maintenance Testing Specifications (MTS) and with the VHA Directive, Electrical Power Distribution System. Below is a list of the most common electrical equipment applications present at AAVAMC that shall be maintained and tested:

1. Switchgear and Switchboard Assemblies

2. Transformers, Dry and Liquid-Filled types

3. Metal–Enclosed Busways

4. Switches, Air, Medium-Voltage, Metal-Enclosed

5. Circuit Breakers, Air, Insulated-Case/ Molded-Case

6. Circuit Breakers, Air, Low-Voltage Power

7. Circuit Breakers, Air, Medium-Voltage

8. Circuit Breakers, Vacuum, Medium-Voltage

9. Protective Relays, Mechanical, and Solid State

10. Microprocessor Based and all Protective Relays

11. Grounding Systems

12. Ground-fault Protection Systems

13. Motor Control, Motor Starters, Low-Voltage

14. Emergency Systems, Engine Generators

15. Emergency Systems, Automatic Transfer Switches I. Attachments. Government Furnished.

1. Inventory of Electrical Power Distribution System equipment to be maintained, inspected, and tested under this Scope of Work. The embedded file is a list of all items tested during 2014 test.

i. See Appendix D - Equipment summary by drawing

2. One-line and other informational drawings of the Electrical Power Distribution System. These drawings are not certified as-built drawings and are subject to change.

i. See Appendix E - Campus Electrical one line drawings

ii. See Appendix E - Campus Electrical one line drawings MAP

3. Electrical Power System study information relevant to the scope of this effort.

i. See Appendix F - All relay table section 4.2.2.2

ii. See Appendix F - All fuse table section 4.2.3.2

iii. See Appendix F - All breaker summary section 4.2.1.1

4. DELIVERABLES:

A. A complete written report of the work performed shall be provided to the VA within 7 days of completion. Information shown in the report shall be formatted as follows:

1) Company’s name, addresses, telephone, & FAX numbers.

2) Name and signature of contractors who perform the maintenance and testing.

3) VA Contract and Purchase Orders,

4) Contracting Officer (CO) and Contracting Officer’s Representative (COR) names and contact information.

5) Date and Time of work.

6) Copies of all contractor valid licenses, professional and training certificates.

7) Descriptions and model number of specialized tools and equipment used, such as torque wrench or infrared scanning camera.

8) Location, Type, Name, and nameplate information of electrical equipment to be maintained and tested.

9) Descriptions of work items.

10) Test data.

11) Reference materials such as equipment manufacturer’s specifications, coordination study, etc.

12) Remarks on conditions of electrical equipment. List all deficiencies, if any.

13) Recommend corrective actions if any to include feedback on overall system.

B. Submit one electronic copy of the complete written report to the CO within seven (7) calendar days of completion of all services. All reference materials shall be included in the electronic version of the report, either through scanning or other means of electronic text import methods.

C. Submit four (4) hard copies of the complete written report, and one (1) CD-ROM or DVD of the electronic version of the report in Microsoft Word format to the Chief of Facilities Management within seven (7) calendar days of completion of all services. All reference materials shall be included in the electronic version of the report, either through scanning or other means of electronic text import methods.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Triennial testing and calibration of critical power distribution equipment.

Page 1 of Page 1 of

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)

C.2 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) 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.3 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 contract expiration.

(End of Clause)

C.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: InterNational Electrical Testing Association InterNational Electrical Testing Association (NETA) as to NETA Certification.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: InterNational Electrical Testing Association https://www.netaworld.org/home

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Provision) 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.

[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.

[] 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.

[X] 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 852.219-75 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 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 compliance with the subcontracting commitments.

(End of Clause)

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (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 items:

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (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 items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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] [] (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. (JUN 2020) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (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.

[] (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 (JUN 2020) (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 (JUN 2020) 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 (MAR 2020) (15 U.S.C. 637(a)(14)).