36C25022Q0983.docx

36C25022Q0983

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

610-22-3-6091-0061 36C25022Q0983 08-24-2022

JANEL TATE

734-222-6179 09-06-2022 9:00

EDT

Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor MI 48105 X 238210 $16.5 Million N/A X Department of Veterans Affairs Northern Indiana Healthcare System Ft. Wayne Campus 2121 Lake Ave.

Ft. Wayne IN 46805 Y Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor MI 48105 https://authentication.tungsten-network/ .com/login

See CONTINUATION Page See Price Schedule in Section B Question are due to the contact in box 7a in writing no later than 9:00 am EST September 1, 2022.

Site Visit will be conducted on August 30, 2022 at 10:00 A.M EST starting at the Marion Campus located at 1700 E 38th St, Marion, IN 46953.

Award will be made in accordance with FAR Part 12 & 13 utilizing comparative analysis. This solicitation is unrestricted and open to businesses of all sizes without any any set-asides. The resulting award will be firm fixed price contract.

See CONTINUATION Page 610-3620162-6091-854100-2580 010050100 X X X 1(one)

KRISTINA L. PEART

CONTRACTING OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

Contracting Officer: Kristina L. Peart Contracting Specialist - Janel Tate

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

3. INVOICES: Invoices shall be submitted in arrears:

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

5. SUBMISSION OF OFFER:

a. Offerors shall complete and return all information designated in:

3.) The Price/Cost Schedule, Section B 4.) 52.212-1, Instructions to Offerors--Commercial Items 5.) 52.212-3, Representations and Certifications, or valid completion in SAM is acceptable Information shall be received prior to the date and time specified in Block 8 of SF 1449 in order to be considered for award.

Sealed offers will be emailed to the POC in 1.b.

b. By submission of an offer, the offeror acknowledges the requirement that the prospective awardee shall be registered in the System for Award Management (SAM) database prior to award. Offerors who are not registered in SAM should consider applying for registration immediately. Registration in SAM is a requirement to conduct business with the Federal Government. If the prospective awardee is not registered in SAM within the timeframe specified by the Contracting Officer, the successful offeror may be removed from further consideration for award. Offerors can register in SAM at https://www.sam.gov.

c. Simplified Acquisition Procedures of FAR 12 and 13 are being used to conduct the procurement.

d. Offeror must be certified in the SAM representations and certifications in FAR 52.212-3 that the firm meets the small business size standard for the NAICS Code assigned to the procurement.

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

2022 Electrical Test and Maintenance NIHCS Marion and Ft Wayne Campuses. Contractor shall clean, test, adjust, calibrate, inspect and retorque the entire electrical distribution system. This shall include, all power transformers, switchgear, motor control centers, distribution centers, panel boards , air circuit breaker, vacuum circuit breakers, and loop switches listed in Attachments 1,2, 3, 4, 5. See attached Scope of work for complete requirements Contract Period: Base POP Begin: 09-16-2022 POP End: 03-15-2023 PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: H159 - Quality Control - Electrical and Electronic Equipment Components

B.3 STATEMENT OF WORK

1. General Objectives and Requirements

a. General: Perform three (3) Year Electrical Testing Maintenance

b. Purpose: VHA Directive 1028 Electrical Power Distribution Systems, Joint Commission Compliance.

c. Standards: NFPA 110

d. All required work performed shall be fully documented by the contractor. Testing shall be performed in compliance with manufacturer’s recommendations and applicable NEMA, ANSI, ASTM, ASA, VA Standards, NETA, and NFPA.

e. Contractor shall ensure all connections are retorqued to manufacturers spec

f. Debris removal: Contractor shall remove debris daily.

2. Background

a. NIHCS is a medical facility providing both inpatient and outpatient services to Veterans. Northern Indiana Healthcare System (NIHCS), Ft. Wayne Campus (2121 Lake Avenue, Fort Wayne, IN 46805) and Marion Campus (1700 E 38th Street in Marion, IN 46953).

b. Correspondence with Engineering Office to include the COR, Chief Engineer, M&O Supervisor and Electric Shop Supervisor

3. Scope

a. Contractor shall provide all necessary transportation, labor, equipment, and materials required to:

· Clean, test, adjust, calibrate, inspect and retorque all the below mentioned electrical distribution apparatus. This shall include, all power transformers, switchgear, motor control centers, distribution centers, panel boards, air circuit breaker, vacuum circuit breakers, and loop switches listed in Attachments 1,2 3,4, and 5. Over- current testing apparatus shall be limited to over-current relays for each 15 KV and 5 KV circuit breaker. Megger voltage shall not exceed IEEE standards. No high pot voltage to be applied to feeder wires. All equipment will be isolated from panel and feeders during testing for proper data reading. No variance.

· Contractor is responsible to reinstall equipment to original condition, verifying voltage, phasing and rotation. Any damage to equipment due to contractor neglect is the contractor’s financial responsibility.

· Repairs outside this SOW will be at an additional charge to the NIHCS and require a separate purchase order/contract before work can be done.

b. Type items, which require electrical testing during this contract are as follows:

1. Transformers/Capacitors - Oil Filled

a. Sample insulating fluid and test dielectric strength, interfacial tension, acidity & color.

b. Measure insulation resistance (megger).

c. Wipe clean & vacuum interior of primary and secondary compartments.

d. Visually inspect unit for power and ground connectors.

e. Torque test all electrical connections.

f. Clean and inspect bus and support insulators.

g. Remove all primary and secondary wires prior to megger test.

h. Inspect bushing for leakage – annotate or report.

i. TTR 13KV-480/277 Volt transformers at Marion Campus for baseline data.

j. Measure excitation current for 13 KV-480/277 Volt transformers at Marion Campus.

2. Transformers: Dry-Type - Small

a. Small Transformers: Dry-Type, Air-Cooled (Below 600 Volt and less than 100 KVA single-phase or 300 KVA three-phase).

1. Inspect for physical damage, broken insulation, tightness of connections, defective wiring, and general condition.

2. Thoroughly clean unit prior to making any tests.

3. Verify proper core grounding.

4. Verify proper equipment grounding.

3. Transformer, Dry-type, Other Than Small

a. Visual and Mechanical Inspection

1. Inspect for physical damage, cracked insulator, tightness of connections, defective wiring, and general mechanical and electrical conditions.

2. Verify proper auxiliary device operation such as fans and indicators.

3. Perform specific inspections and mechanical tests as recommended by manufacturer.

4. Make a close examination for shipping brackets or fixtures that may not have been removed during original installation. Ensure resilient mounts are free.

5. Verify proper core grounding.

6. Verify proper equipment grounding.

7. Thoroughly clean unit prior to testing.

8. Verify that the tap-changer is set at specified ratio.

b. Electrical Tests

1. Perform insulation-resistance tests, winding-to-winding, and windings- to-ground, utilizing a megohmmeter with test voltage output. Test duration shall be for 10 minutes with resistances tabulated at 30 seconds, 1 minute, and 10 minutes. Calculate polarization index.

2. Perform power-factor or dissipation-factor tests in accordance with the manufacturer’s instructions.

3. Perform a turns-ration test between windings at as-found tap setting.

4. Perform winding-resistance tests for each winding at as-found tap position.

5. Perform individual excitation current tests on each phase.

6. Perform tests and adjustments for fans, controls, and alarm functions.

7. Verify proper secondary voltage phase-to-phase and phase-to-neutral after energization and prior to loading.

c. Test Values

1. Insulation-resistance test values shall not be less than values recommended by NETA. Results shall be temperature corrected.

2. The polarization index shall be above 1.2 unless an extremely high value is obtained initially, which when doubled will not yield a meaningful value.

3. Turns-ratio test results shall not deviate more than one-half percent (0.5%) from either the adjacent coils or the calculated ratio,

4. Loop switch 15 KV (STC Type) & 1 anti-paralleling switch 15 KV.

a. Measure insulation resistance (megger) with all grounds and high voltage cables removed prior to start of megger test.

b. Measure contact resistance (switch).

c. High pot to 20 KV, with all grounds and high voltage cables removed prior to start of test.

d. Inspect for proper operation, lubricate, and exercise.

e. Torque test feeder bolts after testing.

f. Check door interlocks for proper operation.

g. Vacuum and clean exterior of unit.

h. Test and inspect for proper grounding of unit and shielded cables. Repair if necessary.

i. Clean bus insulators – megger and ampere.

j. Clean contacts on switch (12 ea. Per switch plus 6 wipers).

5. Air Circuit breakers, 15 KV, 5KV

a. Measure insulation resistance (megger).

b. Measure contact resistance (doctor).

c. High pot to 5 KV above breaker rating

d. Clean, inspect, exercise, and lubricate.

e. Check panel lights for operation – replace missing or burned out. When replacing bulbs, replace with LED type, not filament type.

f. Check door interlocks and shutters for proper operation.

g. Inspect for proper grounding of equipment.

h. Check cubicle heater for proper operation.

i. Test control circuit for proper operation.

j. Check rails, guides, rollers-lubricate draw out assembly parts.

k. Check all interlocks and auxiliary contact assemblies.

l. Inspect door handles, locking bars and spring mechanism.

m. Set and test all adjustable protective devices (relays).

1. Inspect for broken instrument and relay cover glass and burned out phase indicator lights.

2. Set at manufacturers parameters for proper operation.

3. Clean all contacts (control & power).

6. Vacuum Circuit Breakers, 15 KV, 5KV.

a. Measure insulation resistance (megger).

b. Measure contact resistance (doctor).

c. High pot to 5KV over on breaker rating.

d. Clean, inspect, exercise, and lubricate.

e. Check panel lights for operation – replace missing or burned out. When replacing bulbs, replace with LED type, not filament type.

f. Check door interlocks and shutters for proper operation.

g. Inspect for proper grounding of equipment.

h. Check cubicle heater for proper operation.

i. Test central circuit for proper operation.

j. Check rails, guides, rollers – lubricate, draw out assembly parts.

k. Check cell interlocks and auxiliary contact assemblies.

l. Inspect door handles, locking bars and spring mechanism.

m. Set and test all adjustable protective devices (relay type).

1. Inspect for broken instrument and relay cover glass and burned out phase indicator lights.

2. Set at manufacturers parameters for proper operation.

3. Clean all contacts (control & power).

7. Medium Voltage Metal Enclosed Switchgear, Air Switches

a. Visual and Mechanical Inspection

1. Inspect for physical and mechanical condition.

2. Check for proper anchorage and require area clearances.

3. Verify that fuse sizes and types correspond to drawings.

4. Perform mechanical operator tests in accordance with manufacturer’s instructions.

5. Check blade alignment and arc interrupter operation.

6. Verify that expulsion-limiting devices are in place on all holders having expulsion-type elements.

7. Check each fuse holder for adequate mechanical support for each fuse.

8. Check tightness of bolted connections and/or cable connections by calibrated torque-wrench method in accordance with manufacturer’s published data.

9. Test all electrical and mechanical interlock systems for proper operation and sequencing.

10. Clean entire switch using approved methods and materials.

11. Verify proper phase-barrier materials and installation.

12. Lubricate as required.

13. Check switch blade clearances with manufacturer’s published data.

14. Inspect all indicating devices for proper operation.

8. Electrical Tests

a. Perform insulation-resistance test on each pole, phase-to-phase and phase-to –ground for one (1) minute.

b. Perform contact-resistance test across each switch blade and fuse holder.

c. Verify heater operation.

9. Disconnect Switch for Capacitor Bank

a. Measure insulation resistance (Megger) with all grounds and high voltage cables removed prior to start of test.

b. Measure contact resistance (Ducter).

c. High Pot to 5 KVA above the rating of disconnect, with all grounds and high voltage cable removed prior to start of test.

d. Inspect for proper operation, lubricate and exercise.

e. Torque test feeder bolts after testing.

f. Check door interlocks for proper operation.

g. Vacuum and clean interior of unit.

h. Clean contacts on switch and lubricate.

10. Low and Medium Voltage Draw-out and Molded-case Breakers

a. Visual and mechanical Inspection:

1. Inspect for physical damage.

2. Perform mechanical operational test.

3. Check cell fit and element alignment.

4. Check tightness of connections with calibrated torque wrench. Refer to manufacturer’s instructions for proper torque levels.

5. Check arc chutes for damage.

6. Clean entire circuit breaker using approved methods and materials.

7. Lubricate as required.

b. Electrical Test

1. Perform a contact resistance test.

2. Perform an insulation resistance test at 1000 volts dc from pole to pole and from each pole to ground with breaker closed and across open contacts of each phase.

3. Determine minimum pickup and delay by primary current injection.

4. Determine long time delay by primary injection.

5. Determine short time pickup and delay by primary current injection.

6. Determine ground fault pickup and delay by primary current injection.

7. Determine instantaneous pickup value by primary current injection.

8. Make adjustments for final settings in accordance with breaker setting sheet.

9. Activate auxiliary protective devices such as ground fault or under voltage relays, to ensure operation of shunt trip devices. Check the operation of electrically operated breakers in their cubical.

10. Verify charging mechanism operation.

c. Test Values

1. Compare contact resistance or millivolt drop values to adjacent poles and similar breakers. Investigate deviations of more than fifty percent (50%).

2. Insulation resistance shall not be less than 100 megohm. Investigate values less than 100 meghoms.

3. Trip characteristics of breakers when adjusted to setting sheet parameters shall fall within manufacturer’s published time-current tolerance band.

11. Protective Relays. Protective relay service shall include the following:

a. Clean the relay, the case, and the relay cover.

b. Inspect and, if necessary, repair the cover gasket.

c. Remove all foreign material and moisture from the relay.

d. Check the condition and correct defects in the return spring, shaft bearings, and tripping, seal-in and shorting contacts. Burnish the contacts if required.

e. Check overall mechanical operation.

f. Check all electrical connections for tightness.

g. Measure the insulation resistance of each electrical circuit to the frame.

h. Check all relay settings to make sure they are in accordance with owner’s desired settings.

i. Make “as found” tests by measuring pickup and tripping time values by injecting the proper electrical signal (amps, volts, frequency, angle, etc.).

j. Make adjustments as necessary to bring all relay actions within manufacturer’s published tolerances.

k. Make “as left” tests after calibrating the relay.

l. Check the operation of the target and seal-in-circuits.

m. Reinstall the relay.

n. Record all observations, maintenance perform as “as found” and “as left” data on test report.

12. Battery Bank.

Battery bank servicing shall include inspecting and recording general appearance of the battery area, charger output current, charger output voltage, electrolyte levels, cracks in cells or leakage of electrolyte, evidence of corrosion at terminals or connectors, ambient temperatures and the condition of the ventilating equipment. Contractor will also check specific gravity and voltage of each cell, total battery terminal voltage and electrolyte temperature in representative cells. Also, clean and recable.

13. Panel Boards.

a. Continuate test for full functionality

b. Clean and retorque

c. Make note of any breakers marked “SPARE” that have a connected load and labeled breakers with no connections (VA will correct at later time)

14. Infrared Scan.

Scan all electrical distribution equipment listed for hot spots after retorque and system has been energized at least 24 hours.

15. Contractor shall provide outage schedule at least 3 weeks prior to beginning work.

All outages shall be scheduled and approved in writing at least two weeks in advance. Outages will be scheduled only at night and on weekends. No more than two loop switches with associated loads will be allowed to be out of service at any one time. All work will be done from 9:00 p.m. to 5:00 a.m., unless prior arrangements are made.

16. All required licenses and permits shall be the responsibility of the contractor.

17. NO known Polychlorinated Biphenyl (PCB) substances in existing equipment.

18. Megger and TTR test all PT’s and CPT’s at high voltage switchgears.

4. REPORTS

Provide three (2) hard copies, 1 digital copy of listings, to the COR, of all devices tested and scanned including complete nameplate data, age, maximum loading in amperes, condition as found and as modified for each campus. Notification to the facility’s Engineering Office shall be submitted in writing, describing any conditions, including recommendations for corrective action. Critical conditions needing immediate correction shall be conveyed verbally to the COR at the time of discovery and included in the final report. Separate report shall be provided for each campus.

Contractor’s Registered Electrical Engineer (EE). is to review current and past Tri-annual testing reports and provide report of deteriorating conditions or possible break downs. Said report is to include graphical depictions of the condition

5. QUALIFICATIONS FOR ELECTRICAL SWITCHGEAR AND DISTRIBUTION MAINTENANCE TESTING SERVICE.

The work under this contract shall be performed under the supervision of a Registered Electrical Engineer (EE). The Registered Electrical Engineer (EE). shall be on site initially to discuss with the Engineering Office the procedures used to test, survey, report and service the equipment required to be serviced under this contract. The Registered Electrical Engineer (EE) shall be readily available to answer, advise VA as issues arise and personally review the final report and discuss with the Engineering Officer the results of the services, any recommendations, future actions and professional opinions which are contained in the report.

Field service work shall be supervised directly by field service supervisor who have successfully demonstrated their knowledge and experience in the field of electrical power distribution systems testing. The field service supervisor shall be capable of: (1) Testing, assessing, evaluating, servicing and reconditioning components, (2) assuring that the equipment on which work has been performed is safe, reliable and acceptable for its intended purpose, and (3) identifying defective equipment and potential safety problems, environmental hazards, or code violations.

The field service supervisor is responsible for the safety of all personnel and safe testing of equipment and provide Occupational Safety & Health Administration (OSHA) approved 30-hour construction safety training certificate.

The field service supervisor shall be accredited as a certified electrical test technologist by the NICET (National Institute for Certification of Engineering Technologists) or the NETA (National Electrical Testing Association) and have a minimum of 5-years of experience on similar major testing projects.

All other testing technicians assigned to the project shall be certified by NICET, NETA, or shall have an equivalent qualification certification with each having completed the Occupational Safety & Health Administration (OSHA) approved 10-hour construction safety training.

Test assistants and apprentices or Journeyman Electricians may be assigned to the project as assistants to certified technicians at a ration not to exceed one (1) certified to two (2) non-certified assistant or apprentice.

The names and certification numbers of the Registered Electrical Engineer (EE) signing the test reports and the supervising field service engineer shall be provided by the contractor and verified by the COR, before contract award. After contract award, similar data for all certified technicians who will be assigned to work on the project shall also be submitted and approved before starting work on the contract.

a. Contractors shall have ready access to 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 NIHCS, or the equipment manufacturers.

8. VHA Directive 1028, Electrical Power Distribution System

12. SITE VISITS.

All bidders shall visit both sites prior to bidding to familiarize themselves with the equipment to be tested and inspected. They shall also obtain the necessary technical information in the field that may be required to submit a complete bid.

13. COMPLETION TIME.

All work shall be completed at both campuses and written reports submitted within 60 days from work commencement. Contractor can work simultaneously at both campuses.

VHA Supplemental Contract Requirements for Combatting COVID-19

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

a. Documentation requirements:

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

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

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

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

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

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

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

36C25022Q0983

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

SECTION C - CONTRACT CLAUSES

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this 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 PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause) C.3 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.

[N/A] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[N/A] 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.

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

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

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

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

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

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

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

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

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

[N/A] 852.228–70, Bond Premium Adjustment.

[N/A] 852.228–71, Indemnification and Insurance.

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

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[N/A] 852.246–71, Rejected Goods.

[N/A] 852.246–72, Frozen Processed Foods.

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

[X] 852.270–1, Representatives of Contracting Officers.

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

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

[N/A] 852.271–74, Inspection.

[N/A] 852.271–75, Extension of Contract Period.

[N/A] 852.273–70, Late Offers.

[N/A] 852.273–71, Alternative Negotiation Techniques.

[N/A] 852.273–72, Alternative Evaluation.

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

[N/A] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to…