36C25024Q0966.docx

36C25024Q0966

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

583-25-1-663-0001 36C25024Q0966 10-15-2024 Elizabeth Finley 317-371-1148 10- -2024

2PM

EDT

36C250 Department of Veterans Affairs Network Contracting Office 10 260 E. University Avenue Cincinnati OH 45219 X X 811210 $19 Million N/A X Department of Veteran Affairs VA Medical Center (90 CSC) 1481 West Tenth Street Indianapolis IN 46202 36C250 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 325 Indianapolis IN 46240

Department of Veterans Affairs Financial Management System P O Box 149971 Austin TX 78714-9971 512-242-7300 N/A See CONTINUATION Page Triennial Electrical Breaker Testing Contact Information: Elizabeth Finley, Contracting Specialist, Elizabeth.Finley1@va.gov Deliver Services To: Reference Block 15 Quotes shall be sent to the CS, via email, on or before the date specified in Block 8.

See CONTINUATION Page 3650162-663-854100-2543-583 0100501X3 X Luke A. Turner Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C250 Luke A. Turner Department of Veterans Affairs Network Contracting Office 10 260 E. University Avenue Cincinnati OH 45219

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

36C25024Q0966

Page 1 of Page 1 of

B.3 STATEMENT OF WORK

The Richard L. Roudebush VA Medical Center has a service requirement for the Triennial Electrical Breaker Testing (TEBT).

Scope The contractor shall furnish all supervision, labor, tools, transportation, materials, supplies, equipment, and licenses necessary for the accomplishment of the service. All services provided under this contract must be performed in conformance with all the applicable regulations, codes standards, and specifications, including but not limited to VA, OSHA, NFPA, NEC, and equipment specifications.

All the required work is located at the Richard L. Roudebush VA Medical Center campus, and at the VA Cold Spring Road facility, in Indianapolis. The contractor shall complete all contract work within 240 calendar days after receipt of award.

Maintaining the operational capability of the medical center is of paramount importance. The contractor shall coordinate all activities with the VA COR prior to commencing all work.

In order to maintain the medical center’s operational capability, the contractor shall accomplish all work after hours (second and/or third shift), on Saturdays, Sundays, and Federal holidays. After-hour work is defined as Monday through Friday, 5:30 p.m. to 6:00 a.m. Normal business hours are defined as Monday through Friday, 6:00 a.m. to 5:30 p.m., except for Federal holidays. The contractor shall provide a proposed schedule based on VAMC constraints (i.e., power outages and testing in some services can only be completed on the third shift and/or on specific days of the week). The COR will review and approve or request the contractor to revise and resubmit the schedule to ensure VAMC's operational capability.

This project shall include all electrical breakers/equipment within building 1 (main patient care building) and all outbuildings (buildings 5, T6, 19, 20, 21, 22, and 23) on the Richard L. Roudebush VA Medical Center campus, as well as within buildings 42 (Veterans House) and 43 (Coumadin clinic) on the Cold Spring Road facility.

Refer to the attached panel list(s) and electrical single-line drawings for a list of electrical panels to be serviced. The electrical one-line drawings include the existing normal and emergency power distribution systems for all wings located within building 1 and the outbuildings. The drawings are not 100% accurate and are for reference only. The contractor shall field verify.

The contractor shall understand that there could be missing information in the described panel list(s) and single-line drawings. Additionally, no panel list or single-line drawings are available for the Cold Spring Road facility buildings.

WORK REQUIREMENTS

A. The contractor shall inspect, test, maintain, calibrate, and clean electrical equipment (including, but not limited to switchgears, switchboards, distribution panels, motor control centers, and all related components) and document all performed work, in compliance with VHA Directive 1028:

1. Follow the latest NFPA and NEC codes and National Electrical Testing Association (NETA) standards to accomplish the contract work requirements.

2. Remove the panel covers from the electrical panels to accomplish the required work and reinstall them after work completion.

3. Clean the inside and outside of all the electrical equipment.

4. Use lint-free rags to clean conductors, and 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, or loose lugs.

5. Lubricate all moving parts with manufacturer’s approved lubricants.

6. Test and exercise normal and emergency circuit breakers located in switchgears, switchboards, and distribution panels to ensure operation under overload and short circuit conditions.

7. All molded case circuit breakers (including frames size 225A or less) must be tested to determine if contacts open and reclose when the breaker is manually tripped and restored.

8. Test all electrical breakers above 225A following the latest version of ANSI/NETA Maintenance Testing Specifications for Electrical Power Equipment and Systems. The preferred testing method is primary and secondary injection if capable, versus bench testing.

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

10. Inspect and tighten ground connections. Test ground resistance for the entire facility grounding system. Any method of ground resistance must be considered acceptable if it can verify continuity and quantify the impedance to ground, including but not limited to fall-of-potential, induced frequency, and clamp-on testing. If initial tests indicate a problem or concern (e.g., ground resistance greater than 25 ohms), a more detailed test shall be performed using the fall-of-potential or 3-point test. 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.

11. Infrared scan of all electrical equipment to identify hot spots and provide photographs.

12. Tighten problem connections to meet equipment manufacturers’ specifications using a torque wrench or other approved devices.

13. Calibrate and maintain adjustable protective relays.

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

B. Document all information and tasks performed for each piece of equipment, including but not limited to equipment identification, date and time when all the work is performed, equipment location, type of equipment, manufacturer, model number, equipment specifications, estimated age of the panel/breaker, notes on the condition of the component at the time of inspection, testing performed and associated results, the calibration that was performed, and equipment condition once all work is completed.

C. For deficiencies found that are system-related rather than component-related (i.e., normal and emergency power conductors found in the same conduit), the contractor shall document the deficiencies in a report with the description of the deficiency and any applicable code violation(s). Refer to paragraph V.C. below.

D. All testing shall be accomplished in accordance with standard procedures, including but not limited to applicable specifications from the following: International Electrical Testing Association (NETA), National Electric Code (NEC), National Fire Protection Association 70B-Electrical Equipment Maintenance (NFPA 70B), Institute of Electrical and Electronic Engineers (IEEE), American Society for Testing and Materials (ASTM), National Electrical Manufacturer’s Association (NEMA), and manufacturer’s instruction manuals and/or project specifications unless otherwise noted.

E. Provide a qualified and experienced NETA-certified technician to supervise all work. The NETA technician shall have at least five years of experience in supervising electrical breaker testing and infrared scanning work. Provide the resume of the NETA technician and evidence of experience in supervising electrical breaker testing and infrared scanning work, for VA review and approval.

F. If the contractor finds that an electrical component is not shown on the electrical single-line drawings provided by the VA, then the contractor shall add that information to the drawings accordingly.

G. If the VA is not able to provide electrical single-line drawings for specific buildings, then the contractor shall provide as-built electrical single-line drawings for those buildings.

QUALIFICATIONS OF KEY PERSONNEL

A. The contractor shall provide NETA certified technician to supervise all the work described above. The supervisor shall have completed the Occupational Safety & Health Administration (OSHA) approved 30-hour construction safety training (OSHA-30); the rest of the involved workers shall have completed at a minimum, the OSHA-10 training.

B. Onsite personnel shall have technical training and a minimum of five years of documented working experience in maintenance, inspection, testing, and servicing of electrical power distribution systems and all associated components within a healthcare setting.

C. The contractor shall have safety training as outlined in OSHA Standard 29 Code of Federal Regulations (CFR) 1910 Subpart S – Electrical, and NFPA 70E – Standard for Electrical Safety in the Workplace. Training certifications shall be submitted to the VA for review and approval, prior to commencing work.

D. The contractor shall have a dedicated NETA-certified technician on-site, overseeing day-to-day operations throughout the duration of the project.

E. The contractor shall have knowledge of, apply as needed, and have ready access to the latest versions of the following references:

1. NFPA 70, National Electrical Code.

2. NFPA 70B, Standard for Electrical Equipment Maintenance.

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

4. NFPA 110, Standard for Emergency and Standby Power Systems.

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

6. NETA Standard for Maintenance Testing Specifications for Electrical Power Equipment and Systems.

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

F. The contractor shall have all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform all required work in a safe, effective, and timely manner. All tools, equipment, and PPE shall comply with the requirements of OSHA Standard 29 CFR 1910, Subpart I, and NFPA 70E.

PLANNED ELECTRICAL SHUTDOWN SCHEDULE

The contractor shall develop a schedule of proposed electrical shutdowns and submit it to the VA COR for review and approval. Once the planned electrical shutdown schedule has been approved by the VA COR, then the contractor shall allow a minimum of four weeks for VA staff to coordinate all related electrical shutdown work with the affected areas. The length of time for all planned electrical shutdowns shall be approved by and may be revised by the VA COR. The VA COR shall reserve the right to cancel and/or reschedule any planned electrical shutdowns for any reason to protect the interest of the medical center. The contractor shall obtain written approval from the VA COR via the VA’s Utility Outage form prior to beginning each planned electrical shutdown.

DELIVERABLES

The contractor shall provide the following within 30 calendar days of completion of all work:

6.

7.

8.

9.

A. Written report indicating the inspection type, testing type, calibration, and the service performed on each electrical component. The report shall include the following information as a minimum:

1. Company’s name, address, and telephone number.

2. Name and signature of whom performed the work.

3. VA Contract Number and name of VA Contracting Officer.

4. Date and time of work performed.

5. Copies of valid licenses, professional training and certificates.

6. Description and model number of specialized tools and equipment used in performing the work.

7. Reference materials used such as equipment manufacturer’s specifications, etc.

8. Location of equipment.

9. Type of equipment.

10. Manufacturer of equipment.

11. Model number.

12. Equipment specifications.

13. Estimated equipment age.

14. Remarks on conditions of electrical equipment at the time of inspection. List all deficiencies if any are observed.

15. Type of test(s) performed on the components and test results.

16. The calibration type performed and the before and after calibration values (if applicable).

17. Remarks on conditions of electrical equipment once all work is completed.

B. The contractor shall report all noted deficiencies that are considered to be critical or catastrophic to the VA COR for immediate action. The contractor shall also categorize all noted deficiencies for correction by priority.

C. Deficiency report with accompanying photographs of the deficiencies, listing all deficiencies during the initial inspection and testing process. This report shall include the following information:

1. The nature of the deficiency and the potential impact if not addressed.

2. The applicable code violations if any.

3. Priority categorization of deficiencies.

4. Photographs of the deficiency.

5. Recommended corrective action.

D. Infrared scanning report with accompanying photographs of all noted deficiencies.

E. Updated electrical as-built one-line diagram drawings for all buildings included in the scope of this work. The contractor shall incorporate any/all identified missing information into the final as-built drawings. If electrical single-line drawings are not previously available for specific buildings, then the contractor shall prepare and provide as-built electrical single-line drawings for those buildings. The drawings shall be provided in both PDF and DWG format (AutoCAD 2022 or later).

DOCUMENTS

A. Submittals- The contractor shall submit all products to be used for COR approval, at least one week before the work starts.

B. Schedule- The contractor shall provide a complete, detailed, and accurate project schedule within 14 days from issuance of the Notice to Proceed (NTP). The project schedule will require the COR's approval.

C. Safety Plan- The contractor shall provide job specific Safety Plan and Activity Hazard Analyses (AHA) within 14 days from issuance of the Notice to Proceed (NTP).

D. Daily logs- The contractor shall submit daily logs to the COR daily.

E. Daily reports- The contractor shall provide a daily report at the conclusion prior to the next workday.

F. Payrolls- The contractor shall submit weekly payrolls related to this project.

G. RFI- If the documents are not clear, submit an RFI for clarification or additional information.

SAFETY AND INFECTION PREVENTION

A. The Contractor shall be thoroughly familiar with all rules and regulations governing safety. A 30-hour OSHA “Competent Person” shall be present for all work and all additional workers shall have a minimum of a 10-hour OSHA Certification. All electricians performing work must present a valid certification for their respective trade.

B. The contractor shall implement all ICRA precautions as determined at any time by the Infection Prevention Service.

C. The Contractor cannot use interstitial spaces or mechanical rooms as storage space. Contractors are responsible for storing their materials either in Conex containers on the F lot or at the Cold Spring Road VA Facility.

SECURITY

A. The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

B. The contractor shall wear a VA badge at all times when they are on VA property.

C. The C&A requirements do not apply. A Security Accreditation Package is not required.

ATTACHMENTS

A. Single Line Diagrams.

B. Panel Amperage and Locations.

C. Master List.

D. Specifications:

· 00 01 10 Table of Contents.

· 01 00 00 General Requirements.

· 01 33 23 Shop Drawings, Product Data, and Samples.

· 01 35 26 Safety Requirements for Major Projects.

· 01 42 19 Reference Standards.

· 26 05 11 Requirements for Electrical Installations.

· 26 05 26 Grounding and Bonding for Electrical Systems.

· 26 05 73 Overcurrent Protective Device Coordination Study.

· 26 12 19 Pad-Mounted, Liquid-Filled, Medium-Voltage Transformers.

· 26 13 13 Medium-Voltage Circuit Breaker Switchgear.

· 26 13 16 Medium-Voltage Fusible Interrupter Switches.

· 26 22 00 Low-Voltage Transformers.

· 26 23 00 Low-Voltage Switchgear.

· 26 23 13 Generator Paralleling Controls.

· 26 24 13 Distribution Switchboards.

· 26 24 16 Panelboards.

· 26 24 19 Motor Control Centers.

· 26 26 00 Power Distribution Units for Static Uninterruptible Power Systems.

· 26 29 21 Enclosed Switches and Circuit Breakers.

· 26 33 53 Static Uninterruptible Power Supply.

· 26 36 23 Automatic Transfer Switches.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 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 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

C.3 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.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

C.5 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY (FEB 2023)

(a) Definitions. As used in this clause—Business Associate means an entity, including an individual (other than a member of the workforce of a covered entity), company, organization or another covered entity, as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, that performs or assists in the performance of a function or activity on behalf of the Veterans Health Administration (VHA) that involves the creating, receiving, maintaining, transmitting of, or having access to, protected health information (PHI). The term also includes a subcontractor of a business associate that creates, receives, maintains, or transmits PHI on behalf of the business associate.

Business Associate Agreement (BAA) means the agreement, as dictated by the Privacy Rule, between VHA and a business associate, which must be entered into in addition to the underlying contract for services and before any release of PHI can be made to the business associate, in order for the business associate to perform certain functions or activities on behalf of VHA.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information whether automated or manual.

Information technology (see FAR 2.101) also means Information and Communication Technology (ICT).

Information technology-related contracts means those contracts which include services (including support services), and related resources for information technology as defined in 802.101.

Privacy officer means the VA official with responsibility for implementing and oversight of privacy related policies and practices that impact a given VA acquisition.

Sensitive personal information means, with respect to an individual, any information about the individual maintained by VA, including but not limited to the following:

(1) Education, financial transactions, medical history, and criminal or employment history.

(2) Information that can be used to distinguish or trace the individual’s identity, including but not limited to name, social security number, date and place of birth, mother’s maiden name, or biometric records.

Security plan means a formal document that provides an overview of the security requirements for an information system or an information security program and describes the security controls in place or planned for meeting those requirements.

VA Information Security Rules of Behavior for Organizational Users (VA National Rules of Behavior) means a set of VA rules that describes the responsibilities and expected behavior of users of VA information or information systems.

VA sensitive information means all VA data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information and includes sensitive personal information. The term includes information where improper use or disclosure could adversely affect the ability of VA to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy Rule, and information that can be withheld under the Freedom of Information Act. Examples of VA sensitive information include the following:

individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information; information that is confidential and privileged in litigation such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney-client privilege; and other information which, if released, could result in violation of law or harm or unfairness to any individual or group, or could adversely affect the national interest or the conduct of Federal programs.

(b) General. Contractors, subcontractors, their employees, third-parties, and business associates with access to VA information, information systems, or information technology (IT) or providing and accessing IT-related goods and services, shall adhere to VA Directive 6500, VA Cybersecurity Program, and the directives and handbooks in the VA 6500 series related to VA information (including VA sensitive information and sensitive personal information and information systems security and privacy), as well as those set forth in the contract specifications, statement of work, or performance work statement.