36C25624Q0518.docx

36C25624Q0518

GENERAL INFORMATION

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

PO BOX 69004

ALEXANDRIA LA 71306-9004

POINT OF CONTACT*

Contracting Officer Arlene A. Blade arlene.blade@va.gov

PLACE OF PERFORMANCE

Michael E. DeBakey VA Medical Center

2002 Holcombe Blvd

Houston TX

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

General Information

Contracting Office Address

Description:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” in conjunction with FAR Part 13.5 for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-03 (effective 02/23/2024). This competitive solicitation is being issued as a Total Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside.

The associated North American Industrial Classification System (NAICS) code for this procurement is 238210, with a small business size standard of $19 Million.

Contractor is required to be actively registered in the System for Award Management (SAM) and Small Business Administration (SBA). SDVOSB concerns shall be actively registered and verified in the VetCert website. Quotes may be considered non-compliant and rejected if the Contracting Officer is unable to verify active registration status.

36C25624Q0518 The Michael E. DeBakey VA Medical Center in Houston, TX is seeking a contractor to provide all parts, labor, tools, materials, equipment, transportation, and supervision necessary to perform maintenance, inspection, and testing services of the electrical power distribution system in accordance with the Statement of Work.

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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 36C256

ALEXANDRIA VA HEALTH CARE SYSTEM

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

PO BOX 69004

ALEXANDRIA LA 71306-9004

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.

Invoice Setup Information 1-877-489-6135 http://www.fsc.va.gov/fsc/einvoice.asp

5. SPECIAL NOTES. To maintain the integrity of this solicitation and subsequent award, all quoters are advised that any question(s) must be submitted in written form via e-mail to the Contracting Officer at arlene.blade@va.gov no later than Friday, March 15, 2024 at 4:00 pm (CST). Submissions shall reference ‘36C25624Q0518 – Questions’ in the email subject line. A consolidated response via solicitation amendment to Contract Opportunities (www.SAM.gov) will be provided.

Date: Tuesday, March 12, 2024 Time: 9:00 am (CST) Location: Michael E. DeBakey VA Medica Center, 2002 Holcombe Blvd, Houston, TX 77030.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Provide all labor, material, transportation, supervision and equipment in accordance with the SOW for Electrical Power Distribution Inspection and Testing at the Michael E DeBakey Veterans Affairs Medical Center (MEDVAMC), Houston, Texas. All services shall be provided in accordance with manufacturer's instruction manuals and related references, applicable codes, and standards.

PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: H259 - Equipment and Materials Testing - Electrical and Electronic Equipment Components

B.3 DELIVERY SCHEDULE

MICHAEL E. DEBAKEY VA MEDICAL CENTER

HOUSTON, TX 77030

USA

713-791-1414 john.debibar2@va.gov

B.4 STATEMENT OF WORK

MEDVAMC Electrical Power Distribution System PM &Testing

The Contractor is required to provide inspection, testing and maintenance service for the electrical distribution system including all labor, material, and equipment at the Michael E DeBakey Veterans Affairs Medical Center (MEDVAMC), Houston, Texas.

All services shall be provided in accordance with manufacturer's instruction manuals and related references, applicable codes, and standards.

Contractor shall provide and install adequate temporary air conditioning (spot coolers. 40 max) to all patient care areas in Building 100 during the scheduled power outages.

Qualifications of Contractors:

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

B. Contractors shall be certified by the National Electrical Testing Association (NETA) or equivalent certifying organization as Certified Technicians with each having completed the Occupational Safety & Health Administration (OSHA) approved 10-hour construction safety training.

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

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

E. Contractors shall have and provide all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely. Tools, equipment, and PPE shall be inspected and comply with the requirements of OSHA Standard 29 CFR 1910, Subpart I, and NFPA 70E. Prior to initiating work, Contractor shall provide documentation that all instruments, test equipment, tools, and PPE.

SECTION I EQUIPMENT SCHEDULE

Item Quantity

(Russ Electric Manufacturer, Catalogue No: V5D6133YJ00))

B1 NonFused Air Switches: B1, A1, RA, B2, RB, 2 spares 600A 7

D0. Unit Substations (HVL Switches, Transformer & Switchboard, Main Breaker, and Feeder Breakers) As shown on single line diagram E-10, drawings E16 to E22, and Chiller Plant Expansion Drawings E-4.01 to E-4.05

E0. Capacitors

E1 PhaseCorrecting Capacitor Bank (Bldg. 104) 4

F0 Infrared (IR) Scanning

As shown on drawings 100E 166 to E 177 and Chiller Plant Expansion E-4.01 to E-4.05. Buildings 101, 102,103, 104, 104A, 105, 105A, 106, 108, 109, 110, 114, 120, 121, 122, FH1, FH2 and storage building. Equipment to be scanned are all panels in mechanical rooms including normal and emergency bus ducts, terminations, cable connections and circuit breakers. All IR scanning shall be completed prior to scheduling preventive maintenance and repairs. Panelboard covers shall be removed for accurate scanning.

SECTION II – GENERAL

1.1 APPLICABLE CODES STANDARDS AND REFERENCES

Contractor shall perform all inspections and tests and shall be in accordance with the most recent publication of the following applicable codes and standards.

a. The National Electric Code – NEC

b. Standard for Healthcare Facilities – NFPA 99

c. Standard for Emergency and Standby Power Systems – NFPA 110

d. Standard on Stored Electrical Energy Emergency and Standby Power Systems – NFPA 111

e. The National Electrical Manufacturer's Association NEMA

f. The National Electrical Testing Association NETA

g. NFPA 70B, Recommended Practice for Electrical Equipment Maintenance

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

i. VHA Directive [2006-056] [1028], Electrical Power Distribution System

1.2 GENERAL REQUIREMENTS AND RESPONSIBILITY

a. Tests will be conducted after 6:00 PM, unless other mutually agreeable times are selected. The contractor shall investigate all conditions before proceeding with work.

b. The VA Engineering Service will coordinate the schedule for power shut down and the Contractor shall notify the VA at least 72 hours in advance of a planned shutdown. However, the schedule for a power shutdown may change as the working conditions change at the medical center.

c. In performing this contract, the Contractor is responsible for preventing damage to equipment or material during testing. If testing causes any damage to equipment, the Contractor shall provide exact replacement immediately to avoid work interruptions and without cost to the government.

d. The Contractor shall be responsible for implementing all final settings and adjustments in accordance with values specified by MEDVAMC 2023 Power Coordination Study.

e. The Contractor shall have a calibration program which maintains all applicable test instrumentation with rated accuracy.

f. Dated calibration labels shall be visible on all testing equipment.

g. The Contractor shall provide a list of critical spare parts needed in case of emergency.

h. Work not able to be performed due to criticality of power shutdown or any other reason.

related to the working condition in the medical center will be deducted at the unit rates in RS Means.

i. Contractor shall conduct Point to Point Ground Reference Survey of all building electrical gear and provide documentation of the findings and readings. See below:

j. Point to Point Ground Testing; Contractor shall test and measure the resistance between installed grounds and verifies the integrity of the ground connections.

k. This is a two-terminal test. C1 and P1 are tied together creating the first terminal. Likewise, C2 and P2 are tied together creating the second terminal. The measurements are all related to a reference rod or lead connected to the ground grid. Since the potential terminals share the current leads, the lead resistance must be subtracted from the measured values.

l. Prior to performing this test, fully unroll the leads. Measure and record the lead resistance AWG stranded copper wire for this test yields an expected lead resistance of approximately 0.63 ohm per 1,000-foot length).

m. Contractor shall report any measurement that deviates 50% from the average. Ground Grid net measurements should be less than 0.10 ohm (for reference, #4/0 stranded copper [Cu] is approximately 0.05 ohm per 1,000-foot length).

n. When is it performed? This test can be performed during shutdown and maintenance phase.

1.3 TEST REPORT

a. The Contractor shall furnish three (3) hard copies and one (1) electronic copy of the completed test report to the VA within thirty (30) days after completion of the preventive maintenance.

b. The test report shall include the following:

5. Point to Point Ground Reference Survey

c. Any electrical system component found defective shall be reported to Engineering Service for immediate action.

1.4 SAFETY

a. Safety precautions shall include, but are not limited to the following requirements:

1. Occupational Safety and Health Act OSHA

2. Accident Prevention Manual for Industrial Operations, latest edition, National Safety Council

3. Applicable State and Local Safety Operation Procedures

4. VA Safety Practices and Policies

5. NFPA 70E

b. All tests shall be performed with equipment deenergized unless directed otherwise.

c. The Contractor shall have a designated safety representative who shall be present on site to ensure safety practices before testing.

d. The Contractor shall display warning signs to conduct specified tests safely.

1.5 QUALITY ASSURANCE

The Contractor shall be responsible for satisfactory total operation of the equipment and its certification and shall have had experience with three or more comparable systems. Each of these systems shall have been in successful operation for three years or more. Contractor shall submit adequate evidence to establish required experience and performance level when requested by the Contracting Officer.

2.1 INSPECTION & TESTING PROCEDURES

The Contractor shall perform visual and mechanical inspections, testing, calibration, and adjustment of the electrical equipment under this contract in accordance with but not limited to all applicable codes, standards, manufacturer instructions and as outlined in Paragraphs 2.2 through 2.8.

2.2 TRANSFORMERS AND CAPACITOR BANKS

A. Visual & Mechanical Inspection

1. Inspect for physical damage, mechanical and electrical connections.

2. Compare equipment nameplate information with latest single line diagram and report discrepancies.

3. Verify proper auxiliary device operation such as fans and indicators in accordance with manufacturer's recommendations. Repair/replace as required.

4. Check tightness of accessible bolted electrical joints by calibrated torque method.

5. Perform specific inspection and mechanical test as recommended by manufacturer.

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

7. Make a close examination for the collection of dirt or other forms of material that may have collected in the windings or cabinets during normal operation. Any foreign material which may interfere with cooling or reduce clearances to ground shall be removed by using vacuuming equipment or other accepted methods.

B. Electrical Tests (Transformers Only)

1. Insulation resistance tests shall be performed windingtowinding and windingtoground.

2. A dielectric absorption test shall be made windingtowinding and windingtoground for ten (10) minutes. The polarization index shall be computed.

3. Insulation power factor tests shall be made from windingtowinding and from each windingtoground.

4. Individual exciting current tests shall be performed on each phase in accordance with established procedure.

5. Testing and Analysis of Insulating Oil

a. Insulating fluid samples should be taken on a clear day and when the temperature of the liquid is approximately equal to the outside ambient temperature to reduce the effects of condensation.

b. The liquid container used to take the sample should be a clean, dry glass bottle. The bottle should be filled and drained several times before a sample is taken.

c. The container should be sealed tightly with a clean glass or cork stopper (never rubber).

g. The sample shall be tested immediately. The sample should be carefully packed and marked, identifying the transformer number and location, and whether it is "top" or "bottom" liquid sample. It shall be sent to a licensed testing laboratory.

Caution: Insulating oil should not be exposed to air, for periods exceeding one hour, to avoid decreases in its dielectric strength due to exposure to air, dirt and moisture.

6. A turns-ratio test shall be performed between windings.

7. Over potential test shall be made on all high and low voltage windingtoground.

8. Winding resistance tests shall be made for each winding at normal tap position.

9. Perform special tests and adjustments as suggested by manufacturer for fans, controls, and alarm functions.

10. Measure for proper secondary voltage phasetophase and phasetoground after final energizing and prior to loading.

C. Test Values (Transformers Only)

1. Insulation resistance and absorption test voltage will be at 1000V DC. Results to be temperature corrected in accordance with insulation resistance conversion factors if specified.

2. The absorption test polarization index should be above 2.0 unless an extremely high value is obtained at the end of one (1) minute that, when doubled, will not yield a meaningful value with the available test equipment.

3. Power factor test values more than 1% Doble, and 2% IEEE should be investigated.

4. Winding resistance test results should compare within one percent (1%) of adjacent windings.

5. Turns ratio test results should not deviate more than onehalf of one percent (0.5%) from calculated ratio.

6. Dielectric strength of transformer oil should be more than 25 KV.

2.3 MAIN DISTRIBUTION SWITCHBOARDS

A. Visual & Mechanical Inspection

1. Inspect for physical, electrical, and mechanical condition.

2. Compare equipment nameplate information with latest single line diagram and report discrepancies.

3. Inspect for proper alignment, anchorage, and grounding. All ground connections must be inspected and tightened if necessary.

6. Inspect all bus connections for high resistance, use resistance or meter or check tightness of bolted bus joints by calibrated torque wrench method. Refer to manufacturer's instruction for proper footpound levels. If connections are not accessible an infrared survey should be made with system in operation to identify its resistance connections.

5. Key interlock systems shall be physically tested to insure proper function.

a. Closure attempt shall be made on locked open devices. Opening attempt shall be made on locked closed devices.

b. Key exchange shall be made with devices operated in offnormal positions.

c. Contractor will provide and install a functional Kirk key interlock system for M-T-M breakers at MSG.

6. All doors and panels shall be inspected for paint defects, dents, scratches and fit.

7. Remove all foreign matter using a vacuum cleaner.

8. All active components shall be exercised.

9. All indicating devices shall be inspected for proper operations. Repair/replace if defective.

10. Breaker racking mechanisms shall be cleaned, lubricated and properly aligned.

B. Electrical Tests

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

a.

C. Test Values

1. Bolt torque levels shall be in accordance with U.S. Standard Bolt torques for bus connections.

2. Insulation resistance test to be performed in accordance with the table below:

INSULATION RESISTANCE TEST VOLTAGE

Values of insulation resistance less than manufacturer's minimum of KV +1 in Mg-ohms should be investigated. Over potential tests should not proceed until insulation resistance levels are raised to said minimum.

2.4 MOLDED CASE CIRCUIT BREAKERS

A. Visual & Mechanical Inspection

1. Circuit breaker shall be checked for proper mounting conductor size and feeder designations.

2. Operate circuit breaker to insure smooth operation.

3. Inspect case for cracks or other defects.

4. Check tightness of connection with torque wrench in accordance with manufacturer's recommendations. Use infrared to check for hot spots.

B. Electrical Tests

1. Contact resistance shall be measured.

2. Timecurrent characteristic tests shall be performed by passing 300% rated current through each pole. Trip time shall be determined.

3. Instantaneous pickup current shall be determined by run up of pulse method. Clearing times should be within 4 cycles or less.

4. Insulation resistance shall be determined poletopole, across pole and poletoground. Test voltage shall be 1000 Volts DC. Not applicable on breakers having Solid State Trip Units.

C. Test Values

1. Contact resistance shall be compared to adjacent poles and similar breakers. Deviations of more than fifty percent (50%) shall be investigated.

2. Insulation resistance shall not be less than 50 Mg-ohms.

3. All trip times shall fall within the manufacturer's published timecurrent characteristic tolerance bands.

4. Any molded case circuit breaker that fails mechanical or electrical test shall be replaced by the Contractor. Breakers will be provided by government.

2.5 VALUES FOR OVERCURRENT TRIP TEST Molded Case Breakers

(At 300 % of rated continuous current of breaker)

(1) (2) (3) (4) (5) (6)

* These values are based on heat tests conducted by circuit breaker manufacturers on conductors in conduit. NEMA Reference.

These values do not necessarily meet manufacturer's published time current curves.

2.6 CIRCUIT BREAKERS LOW VOLTAGE (AIR)

NOTE: Draw-out air circuit breakers shall be tripped open and withdrawn from the cell. Fixed mounted (bolted, etc.) circuit breakers shall be inspected and tested in place.

A. Visual & Mechanical Inspection

1. Inspect arc chutes and interphase barriers for cracking, burning, chipping and misalignment. A detailed listing shall be compiled of any interrupting components that have sustained damage or wear.

2. All contacts (main, arcing, auxiliary, etc.) shall be inspected for burning and pitting and will be cleaned, dressed adjusted for wipe, travel and pressure as required. Defective components shall be repaired or replaced, at the government's option, by the Contractor on a costplus basis.

3. Operating mechanisms and linkages shall be vacuum cleaned, lubricated and adjusted for proper operation, clearance, pressure, and tension. A check shall be made to ensure that all retaining rings, pins, springs, cores, and bolts are in place, tightened properly and in good working order. Defective components shall be repaired/replaced, at the government's option, by the Contractor on a costplus basis.

4. Control and closing coils, shunt trip coils, charging motors, integral control relays and auxiliary switches and relays are cleaned, lubricated, adjusted, and inspected to ensure that they are in proper working order. Defective components shall be repaired/replaced, at the government's option, by the Contractor on a costplus basis.

5. Primary disconnect stabs on draw-out circuit breakers are inspected for wear pitting or burning, cleaned, and adjusted as required.

6. Circuit breaker frame, insulators and main copper details are vacuum cleaned of all extraneous foreign material (dust, dirt, carbon, moisture, etc.)

B. Electrical Tests

1. Contact resistance test shall be performed.

2. An insulating resistance test shall be performed on all insulation material from phaseto-phase and Point to Point Ground Reference Survey se and from phasetoground using a megger type insulating tester except on solid state circuit breakers.

3. When recalibrating of the circuit breaker is specified in addition to cleaning, adjusting and minor repair, the trip unit is tested by applying the necessary current required to cause the circuit breaker to trip open. The time required to trip is compared to the characteristic curves and if required, adjustments are made to insure operation within the specified limits. Breakers are tested one phase at a time for the following values:

a. long time delay armature pickup (this test will only be performed when it is possible to detect armature movement at minimum current values).

b. long time delay timing test at three hundred percent (300%) of trip rating.

c. long time delay resettable point (when required).

d. short time delay minimum pickup value (+15%).

e. short time delay timing check at one hundred fifty percent (150%) of trip rating. Solid state units at a value above one hundred twenty percent (120%) of trip rating.

4. Auxiliary protective devices, such as ground fault or undervoltage relays shall be operated to insure proper operation of short trip devices.

5. Circuit breakers with solid state trip units must be in accordance with manufacturer's instructions.

a. Primary injection recommended to evaluate complete trip circuit operations.

b. Secondary injection can be used for evaluating the electronic portion of the trip unit.

C. Test Values

1. Contact resistance shall be determined in microohms or millivolts. Value which deviates from adjacent poles or similar breakers by more than fifty percent (50%) should be investigated.

2. Insulation resistance shall not be less than fifty (50) mega-ohms.

3. Minimum pickup current, trip times and instantaneous pickup values shall be adjusted to design specifications. Test values should fall within manufacturer's published timecurrent characteristic tolerance band.

2.7 INFRARED SCANNING OF ELECTRICAL EOUIPMENT:

A. Visual & Mechanical Inspection

1. Inspect for physical, electrical, and mechanical condition.

2. Visual inspection for bus alignment.

3. Remove all necessary covers prior to scanning.

B. Equipment to be scanned

Switches, bus duct, switchgear, terminations, cables, cable connections, circuit breakers, terminations, rotating equipment, motor control centers, etc.

C. Provide report indicating the following:

1. Problem area (location of "hot spot").

2. Indicate temperature rise between "hot spot" and normal or reference area.

3. Indicate cause of heat rise.

4. Indicate phase unbalance, if present

5. Index of areas scanned

D. Test parameters:

3. Provide photographs (thermo-grams) of the deficient area as seen on imaging system.

2.8 Summary of Work:

A. A complete written report of the work performed shall be provided to the VA within 30 days of completion. Information shown in the report shall be as following:

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

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

3) VA Work Contract Number, name and number of VA Contracting Officer.

4) Date and Time of work.

5) Copies of contractors’ valid licenses, professional and training certificates.

6) Descriptions and model number of specialized tools and equipment used, such as torque wrench or infra-red scanning camera.

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

8) Descriptions of work items.

9) Test data.

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

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

12) Recommended corrective actions, if any.

-END-

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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:

(End of Clause)

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause) C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small…