36C25026Q0067.docx

36C25026Q0067

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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

610-26-3-6091-0009 36C25026Q0067 10-27-2025 Tiffany Rausch 317-988-1521 11-14-2025 10:00

EST

36C50 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 325 Indianapolis IN 46240 X Y 811210 $34 Million None 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 VANIHCS 3 Year Electrical Testing Contract Info: Tiffany Rausch, Contract Specialist (CS) Email: Tiffany.Rausch@va.gov Deliver Services To: See Block 15 Quotes must be sent to the CS, via email only. No physical mail will be accepted. Quotes must be received no later than the day/time specified in block 8.

Submission of quote: See 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (DEV AUG 2025) No physical quotes will be accepted.

2 organized pre-bid site visits are scheduled. Please see Attachment IX - Important Information for additional details See CONTINUATION Page 610-366-0162-6091-854100-2580 010050100 X X Luke A Turner

VA-VHA-RPOC-2024-0076

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 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 325 Indianapolis IN 46240

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.

Tungsten Network: https://www.tungsten-network.com/customer-campaigns/veteransaffairs/

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

36C25026Q0067

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B.2 STATEMENT OF WORK

1. General Objectives and Requirements

a. General: Perform: 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. Ensure all connections are retorqued to manufacturers spec

f. Debris removal: contractor is to remove debris daily.

Background A. NIHCS is a medical facility providing both inpatient and outpatient services to Veterans.

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

Scope I. 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, but not be limited to, power transformers, switchgear, motor control centers, distribution centers, panel boards, air circuit breaker, vacuum circuit breakers, and loop switches listed in Attachment I – SOW Attachments. 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.

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

A. Transformers/Capacitors- Oil Filled

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

2. Measure insulation resistance (megger).

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

4. Visually inspect unit for power and ground connectors.

5. Torque test all electrical connections.

6. Clean and inspect bus and support insulators.

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

8. Inspect bushing for leakage – annotate or report.

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

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

11. Ground Fault Testing

B. Transformers: Dry-Type - Small

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

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

(b) Thoroughly clean unit prior to making any tests.

(c) Verify proper core grounding.

(d) Verify proper equipment grounding.

C. Transformer, Dry-type, Other Than Small

1. Visual and Mechanical Inspection

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

(b) Verify proper auxiliary device operation such as fans and indicators.

(c) Perform specific inspections and mechanical tests as recommended by manufacturer.

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

(e) Verify proper core grounding.

(f) Verify proper equipment grounding.

(g) Thoroughly clean unit prior to testing.

(h) Verify that the tap-changer is set at specified ratio.

2. Electrical Tests

(a) 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.

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

(c) Perform a turns-ration test between windings at as-found tap setting.

(d) Perform winding-resistance tests for each winding at as-found tap position.

(d) Perform individual excitation current tests on each phase.

(f) Perform tests and adjustments for fans, controls, and alarm functions.

(g) Verify proper secondary voltage phase-to-phase and phase-to-neutral after energization and prior to loading.

3. Test Values

(a) Insulation-resistance test values should not be less than values recommended by NETA. Results shall be temperature corrected.

(b) The polarization index should be above 1.2 unless it is an extremely high value obtained initially, which when doubled will not yield a meaningful value.

(c) Turns-ratio test results should not deviate more than one-half percent (0.5%) from either the adjacent coils or the calculated ratio, D. Loop switch 15 KV (STC Type) & 1 anti-paralleling switch 15 KV.

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

2. Measure contact resistance (switch).

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

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

5. Torque test feeder bolts after testing.

6. Check door interlocks for proper operation.

7. Vacuum and clean exterior of unit.

8. Test and inspect for proper grounding of unit and shielded cables.

Repair if necessary.

9. Clean bus insulators – megger and ampere.

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

E. Air Circuit breakers, 15 KV, 5KV

1. Measure insulation resistance (megger).

2. Measure contact resistance (doctor).

3. High pot to 5 KV above breaker rating

4. Clean, inspect, exercise, and lubricate.

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

6. Check door interlocks and shutters for proper operation.

7. Inspect for proper grounding of equipment.

8. Check the cubicle heater for proper operation.

9. Test control circuit for proper operation.

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

11. Check all interlocks and auxiliary contact assemblies.

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

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

(a) Inspect for broken instrument and relay cover glass and burned-out phase indicator lights.

(b) Set at manufacturers’ parameters for proper operation.

(c) Clean all contacts (control & power).

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

1. Measure insulation resistance (megger).

2. Measure contact resistance (doctor).

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

4. Clean, inspect, exercise, and lubricate.

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

6. Check door interlocks and shutters for proper operation.

7. Inspect for proper grounding of equipment.

8. Check the cubicle heater for proper operation.

9. Test central circuit for proper operation.

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

11. Check cell interlocks and auxiliary contact assemblies.

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

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

(a) Inspect for broken instrument and relay cover glass and burned out phase indicator lights.

(b) Set at manufacturers parameters for proper operation.

(c) Clean all contacts (control & power).

G. Medium Voltage Metal Enclosed Switchgear, Air Switches

1. Visual and Mechanical Inspection

(a) Inspect for physical and mechanical condition.

(b) Check for proper anchorage and require area clearances.

(c) Verify that fuse sizes and types correspond to drawings.

(d) Perform mechanical operator tests in accordance with manufacturer’s instructions.

(e) Check blade alignment and arc interrupter operation.

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

(g) Check each fuse holder for adequate mechanical support for each fuse.

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

(i) Test all electrical and mechanical interlock systems for proper operation and sequencing.

(j) Clean entire switch using approved methods and materials.

(k) Verify proper phase-barrier materials and installation.

(l) Lubricate as required.

(m) Check switch blade clearances with manufacturer’s published data.

(n) Inspect all indicating devices for proper operation.

2. 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.

H. Disconnect Switch for Capacitor Bank

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

2. Measure contact resistance (Ducter).

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

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

5. Torque test feeder bolts after testing.

6. Check door interlocks for proper operation.

7. Vacuum and clean interior of unit.

8. Clean contacts on switch and lubricate.

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

1. Visual and mechanical Inspection:

(a) Inspect for physical damage.

(b) Perform mechanical operational test.

(c) Check cell fit and element alignment.

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

(e) Check arc chutes for damage.

(f) Clean entire circuit breaker using approved methods and materials.

(g) Lubricate as required.

2. Electrical Test

(a) Perform a contact resistance test.

(b) 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.

(c) Determine minimum pickup and delay by primary current injection.

(d) Determine long time delay by primary injection.

(e) Determine short time pickup and delay by primary current injection.

(f) Determine ground fault pickup and delay by primary current injection.

(g) Determine instantaneous pickup value by primary current injection.

(h) Make adjustments for final settings in accordance with breaker setting sheet.

(i) 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.

(j) Verify charging mechanism operation.

3. Test Values

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

(b) Insulation resistance shall not be less than 100 megohm. Investigate values less than 100 meghoms.

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

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

(1) Clean the relay, the case, and the relay cover.

(2) Inspect and, if necessary, repair the cover gasket.

(3) Remove all foreign material and moisture from the relay.

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

(5) Check overall mechanical operation.

(6) Check all electrical connections for tightness.

(7) Measure the insulation resistance of each electrical circuit to the frame.

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

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

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

(11) Make “as left” tests after calibrating the relay.

(12) Check the operation of the target and seal-in-circuits.

(13) Reinstall the relay.

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

K. 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.

L. Panel Boards.

1. Continuate test for full functionality

2. Clean and retorque

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

M. Infrared Scan.

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

N. 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.

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

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

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

III. 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

IV. 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 must 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 experience on similar major testing projects.

All other testing technicians assigned to the project must be certified by NICET, NETA, or must 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 apprentices.

The names and certification numbers of the Registered Electrical Engineer (EE) signing the test reports and the supervising field service engineer must be provided by the contractor and verified by the COR, before performance begins. After contract award, similar data for all certified technicians who will be assigned to work on the project must 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 VHA Medical Center, or the equipment manufacturers.

8) VHA Directive 1028, Electrical Power Distribution System

V. SITE VISITS.

All bidders are encouraged to visit both sites prior to bidding to familiarize themselves with the equipment to be tested and inspected.

VI. COMPLETION TIME.

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

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

3 YEAR ELECTRICAL TESTING FOR MARION CAMPUS

3 YEAR ELECTRICAL TESTING FOR FORT WAYNE CAMPUS

SOW Electrical Testing SOW Electrical Testing

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CODITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) Contract Terms and Conditions—Commercial Products and Commercial Services (Deviation Aug 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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.

(4) 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.

(5) 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 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 previou sly 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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(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 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems.

(End of Clause)

C.6 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…