36C25720Q0289 - 1.docx

Contract Opportunity Combined Synopsis/Solicitation Notice

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice J059 Services for Comprehensive Maintenance, Inspection, and Testing of Critical Electrical Distribution Systems and Emergency Restoration

75137 36C25720Q0289 01-31-2020 N

811219 Department of Veterans Affairs NCO 17 - RPO West NCO 17 Network Contracting Activity 124 E. Hwy 67 Duncanville, Texas 75137 Reginald Hayes ReginaldD.Hayes@va.gov

Department of Veterans Affairs North Texas Health Care System See All Locations Listed in Statement of Work 4500 S. Lancaster Rd.

Dallas, Texas 75216

USA

COMBINED SYNOPSIS/SOLICITATION

Contracting Office Address Network Contracting Office (NCO 17) – RPO West Department of Veterans Affairs 124 E. Hwy 67 Duncanville, Texas 75137

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,” 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 quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-04 / 01-15-2020.

The associated North American Industrial Classification System (NAICS) code for this procurement is 811219, with a small business size standard of $22 million.

Network Contracting Office (NCO 17) – RPO West is seeking to purchase comprehensive maintenance, inspection, and testing of critical electrical distribution systems and emergency restoration services for the North Texas Health Care System.

STATEMENT OF WORK

Comprehensive Maintenance, Inspection, and Testing of Critical Electrical Distribution Systems and Emergency Restoration Service

INTRODUCTION:

A. This Statement of Work (SOW) describes the requirements for scheduled maintenance, inspection, testing, and/or calibration of the Electrical Power Distribution System, Emergency Standby Power Generation and Distribution system, Mission Critical Electrical Systems components and Energy Management to include Emergency Restoration Service and for all these systems. These work items are referenced as “Maintenance and Testing” in this document, hereafter.

B. This SOW describes the requirements for the Qualified Electrical Contract Professionals, Technicians and/or Mechanics – known as “Contractors” in this document, hereafter. Contractors who are contracted by VA North Texas Health Care System (VANTHCS) to perform Maintenance and Testing of the Electrical Power Distribution System, and critical components shall meet all requirements stated throughout this SOW.

C. This SOW establishes the requirements for Maintenance and Testing report documentation.

D. This will be a single base year contract with four annual options to renew. Additional sites in Garland TX and Waxahachie TX are under negotiation and may be added by negotiation and modification to this contract scope if acquired by the Federal Government in the future.

PLACES OF PERFORMANCE:

a. 4500 S. Lancaster Rd Dallas, TX

b. 1201 E. Ninth St. Bonham, TX

c. 2737 Sherman St Grand Prairie, TX

d. 2300 Marie Curie Garland TX

e. 1405 W. Jefferson Waxahachie TX (TBD: Possible future contract modification) E. Sites that are pending acquisition will be added by modification of the base contract/option year once these properties become government property. No equipment schedules are currently available

PERIOD OF PERFORMANCE:

QUALIFICATIONS OF CONTRACTORS:

A. Contractor and all sub-contractors performing Maintenance and Testing on electrical equipment shall have Electrical Testing Technicians (ETT) certified by the American National Standards Institute (ANSI) , the InterNational Electrical Testing Association (NETA) or similar published standard establishing minimum requirements for Certified Technicians.

B. 30 Hour Occupational Safety & Health Administration (OSHA) for supervisors or competent person at jobsite and OSHA 10-hour construction safety training for all other employees.

C. Contractor must demonstrate ability provide current and continuously certified electrical testing personnel and qualified diesel engine mechanics in sufficient numbers identified to comply with this scope of work for scheduled preventative maintenance and in the event of an unexpected electrical emergency.

a. Sufficient numbers is defined as a workforce capable of completion of work assigned, in a single 10 hour period outage

b. If the use of day labor, temporary labor pools or teaming agreements with other subcontractors is anticipated to fulfill this scope of work by the contractor, those sources must be identified and provided to Contracting Officer with submission of proposal documenting that these workers are equally and/or similarly qualified and certified as the required ANSI testing technicians as outlined in 2.a above. No exceptions.

D. Contractors shall have had in effect continuing technical training programs for its full-time employees for at least five years. Verifiable records of experience in maintenance, inspection, and testing of Electrical Power Distribution Systems and components in healthcare, industrial, educational, and commercial facilities for a minimum of five (5) continuous years shall be required.

E. Contractors shall have safety training – 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 certifications shall be submitted to the VA Contracting Officer prior to work of all key personnel. 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.

F. Contractors shall be equipped with all necessary tools, calibrated test equipment, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and in timely fashion. Tools, equipment, and PPE shall comply with the requirements of OSHA Standard 29 CFR 1910, Subpart I, and NFPA 70E.

SUMMARY OF CONTRACT DELIVERABLES, EQUIPMENT AND SYSTEMS:

Contractor shall provide to Contracting Officer Representative (COR) at Notice to Proceed one hard copy

1) NFPA 70, National Electrical Code.

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

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

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

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

Contractors testing technicians shall be familiar with the provisions and requirements of the latest versions of all of the above:

Equipment, definitions, and references shall comply with the latest edition of the NETA – Maintenance Testing Specifications.

Facility normal hours of operation is 7am to 5pm Monday through Friday. Shutdown of energized equipment for routine maintenance shall be scheduled off hours or on weekends and after a shutdown clearance provided by to the COR at least two weeks prior to the shutdown.

All work is expected to be de-energized while performing Maintenance and Testing.

Energized work is by permit only and with signed approval by upper management of both the facility and contractor Detailed equipment schedules are in appendix A of this scope. The following is a summary listing of equipment categories that shall be maintained, and tested under this contract:

ELECTRICAL DISTRIBUTION EQUIPMENT:

a. Low Voltage Switchgear, Switchboard Assemblies and Molded Case Circuit Breakers rated ≥ 250A.

i. GE RMS-9, Square D Micrologic B, E, A 6.0, P 6.0 trip units

b. Transformers, Dry Type, Air-Cooled, Low-voltage ≥ 300kVA.

c. Transformers, Liquid-Filled

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

e. Switches, SF6, Medium-Voltage.

f. Circuit Breakers, Air, Medium-Voltage and Battery Control Power Systems.

g. Circuit Breakers, Vacuum, Medium-Voltage and Battery Control Power Systems.

h. Power factor correction equipment

i. Protective Relays, Mechanical, and Solid State.

j. Motor Control, Motor Starter, Medium-Voltage.

k. Cables, Medium Voltage, underground

l. Cable, Medium Voltage connectors

EMERGENCY STANDBY POWER GENERATION, MISSION CRITICAL ELECTRICAL SYSTEMS:

a. Diesel Engine Driven Generators (DEDG) and controls

b. DEDG Battery/Charger system

c. Remote engine radiators

d. Day tank pumps and controls

e. Emergency distribution switchgear and Circuit Breakers regardless of ratings.

f. DEDG Paralleling Switchgear.

g. Emergency Systems, Automatic Transfer Switches

ENERGY MANAGEMENT AND POWER QUALITY MONITORING SYSTEM:

a. Schneider Electric PME Power Monitoring System

a. PowerLogic and ION electric meters

b. Non-electric energy meters

GENERAL REQUIREMENTS AND SPECIFIC TESTS:

A. All equipment tested shall have color coded inspection stickers affixed to the equipment showing testing provider, date of tests, next due date and technician.

a. White- Within Specification

b. Yellow- Limited service and reason

c. Red- Out of Specification and reason

B. Provide complete written report of the testing. Information contained in the report shall include but is not limited to:

a. Company’s name, address, telephone & FAX numbers and certification.

b. Name of technician who performs the maintenance and testing and level of certification.

c. VA Work Contract Number, name and number of VA Contracting Officer Representative (COR)

d. Date and Time of work.

e. Descriptions and model number of specialized tools and equipment used and last calibration date.

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

g. Test data is to include measurements as found

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

i. Remarks on conditions of equipment. List all deficiencies, if any.

j. Recommended corrective actions, if any found.

k. Submit copies of the original signed data sheet of all electrical test data sheets or electronic storage device documenting work performed to COR on the day work is performed. VA will supply access to copier for this purpose.

l. Submit one (1) CD-ROM of the electronic version of the verified report in Adobe Portable Document File format to the COR within forty-five (45) calendar days of visit.

C. Contractor shall report any deficiencies presenting an imminent threat or danger that requires immediate correction directly to the COR or Chief of Engineering Service for actions under the Emergency Restoration Service clause upon discovery of the danger.

D. Deficiencies or recommended repairs of a non-threatening nature that can wait until the next scheduled Maintenance and Testing cycle or scheduled clearance shall be quoted within thirty (30) days at a line item cost per repair and provided to the COR.

TESTING SCHEDULE INTERVAL REQUIREMENT:

ANNUAL MAINTENANCE AND TESTING – ONE-YEAR STICKER

ELECTRICAL EQUIPMENT

c. Protective Relays

i. Calibration of relays

ii. Operation and timing testing

d. Automatic Transfer Switches

e. Power Factor Correction Filters

f. Medium Voltage Circuit breakers

g. Medium Voltage motor starters

h. Generator Paralleling Switchgear

i. To include normal power standby distribution circuit breakers of all ratings

i. Battery systems for electrical switchgear control and standby DEDG system starting.

As recommended by NETA and appropriate for the equipment being tested, the following tests are to be done under this contract annually:

m. Secondary injection of low voltage circuit breakers

n. DLRO contact resistance test

o. Cleaning of equipment, lubrication, etc.

p. Internal resistance testing DC Hi-pot testing is not to be performed on existing equipment

ANNUAL MISSION CRITICAL ELECTRICAL STANDBY POWER DIESEL ENGINE DRIVEN GENERATOR (DEDG), SYSTEMS REQUIREMENT:

Provide preliminary baseline condition assessment of all DEDG and systems under this contract. Note any critical conditions and low priority repairs. Provide line item pricing for corrections in addition to the contract proposal.

Proposal shall include two witness tests for each site annually of weekly generator runs.

Minimum maintenance requirements shall include:

a. Engine Lubrication System Oil & Filter Change-every 12 months or 500 hours

a. Valve lash check and adjustment as needed

b. Annual Oil sample and analysis

b. Governor Inspection

a. Check and set speed

b. Voltage Regulator calibration

c. Engine Cooling System

a. Inspect/Test/Replenish Engine Coolants

b. Check all Belts and Hoses for Wear

d. Electrical System

a. Test Battery and charging system

b. Clean terminals

e. Fuel System

a. a. Visually check for fuel leaks

b. b. Replace fuel filters every 12 months or 150 hours

c. Fuel Tank check for water

f. Exhaust System

a. Check for leaks and corrosion

b. Check condensation trap

c. Adjust and calibrate Voltage regulator

g. Alternator

a. a. Visually Inspect Condition

b. Check lubrication of rear Alternator bearing

h. Engine Support Systems

a. Check all Instrumentation for proper operation

b. Check all electrical connections

c. Check engine safeties, shutdowns, and alarms

d. Check timers and relays for proper operation

e. Change air filter as needed.

ANNUAL ENERGY MANAGEMENT AND POWER QUALITY MONITORING REQUIREMENT:

i. Quarterly site visit and update Schneider Electric SPM 7 Energy Management system

a. add new devices to existing system

b. create custom reports

c. Windows updates

d. Troubleshoot any communication issues

j. Provide annual Schneider Electric PowerLogic Priority support agreement

FIRST AND FOURTH CONTRACT OPTION YEAR ADDITIONAL PREVENTATIVE MAINTENANCE REQUIREMENTS – THREE-YEAR TESTING STICKER:

k. Medium Voltage pad mounted Transformers, Unit Substation transformers, unit substation distribution boards

l. Medium voltage pad mounted switch, Unit Substation air switch, SF6 switch,

m. IR scan of MV transformers,

n. Dissolved Gas Analysis (DGA) of transformer fluid

THIRD OPTION YEAR ADDITIONAL PREVENTATIVE MAINTENANCE REQUIREMENTS:

Partial Discharge testing of 15KV feeders from Source to farthest termination point of each circuit

o. 15 feeders in Dallas

p. Two feeders in Bonham

EMERGENCY RESTORATION SERVICE ONE HOUR RESPONSE REQUIREMENT:

As required and at additional cost, the contractor shall provide all restoration services and repairs in the event of an unplanned Electrical Distribution System failure under the authority of this contract. Repairs are to commence at the earliest reasonable opportunity with staff in adequate number to complete the restoration in a timely manner. A 24-hour contact shall be provided that can dispatch to the facility trained and certified personnel as defined in Section 2 of this Scope of Work within one (1) hour of notification of the emergency.

1) Contractor shall provide schedule of man-hour rates to be applied in the event of an unplanned emergency failure of the Electrical Distribution System for the following time categories:

2) Contractor will be responsible for arranging any needed heavy equipment and operators needed for transportation, material handling, excavation, electrical generation, fueling and switching at the instruction of the Chief Engineer or his designate.

a. Contractor shall provide contact information for all heavy equipment and/or operator resources to be used in the event of an emergency, as required to restore electrical service.

VA CAUSED DELAY:

If VA must reschedule, cancel or abort scheduled work:

a. Contractor will be paid according to the man-hour rate in Section 6.1.a-f that the contractor has per person on site working at time of the cancellation. up to a four-hour maximum.

b. There will be no charge if Contractor is given at least 24-hour notice of cancellation

REQUIREMENTS:

Contractor shall demonstrate compliance with the elements of this Scope of Work.

NETA is an American National Standard Institute (ANSI) specification recognized by the Veterans Health Administration as the industry standard for best practice for electrical testing.as noted by VHA Directive 10-1028.

1. The contractor shall have NETA or equivalent certification for personnel

a. Provide documentation with proposal of certification

b. Provide blank data sheet utilized for circuit breaker tests, automatic transfer switches and transformer DGA report

c. If offeror claims equivalency of training for non-NETA certification it is the responsibility of the offeror to demonstrate the outcomes for the government are identical.

2. The contractor shall provide evidence of ability to respond to emergencies within one hour of notification of emergency with trained, certified and adequate work force and resources to restore facility to operational condition in timely manner -

a. Provide instances with brief narrative within past 24 months of an emergency restoration event

b. Contact information to verify event outcome

3. The contractor shall have past and recent experience with Major Medical Center supplying electrical testing and restoration service–

a. Provide verifiable references and narrative with proposal of past healthcare electrical experience BACKGROUND: This is a mission critical requirement for qualified electrical testing technicians. A one-hour response to an electrical failure is impossible to predict but is likely to have urgency and compelling factors to avoid death, injury or loss of government property. A certified testing authority must substantiate that the vendor selected for this requirement is currently certified to maintain critical electrical infrastructure. A lack of predictive maintenance experience presents a potential for electrical service interruption, fire, injury, property destruction and death for medical center patients, visitors and staff.

GOVERNMENT BADGES: The Contracting Officer Representative (COR) or VAMC Representative will coordinate the issuance of required access badges to Contractor personnel. Contractor personnel shall wear laminated identification badges provided by the Government always when performing. Badges shall be worn on the outer garment, attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

Government issued identification badge remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of Contractor employees from the contract.

CONTRACTOR BADGES (NOT APPLICABLE): All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by Contractor personnel are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

SAFETY/SECURITY REQUIREMENTS: The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and actor supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

CONDUCT OF PERSONNEL: Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

CONTRACTORS ATTIRE AND APPEARANCE: Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities. The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the Contracting Officer prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.

RECORDS MANAGEMENT REQUIREMENT:

All records (administrative and program specific) created during the period of the contract belong to VA North Texas Health Care System and must be returned to VA North Texas Health Care System at the end of contract or destroyed in accordance with Veterans Health Administration Record Control Schedule (RCS)10-1. The COR and Contracting Officer of this contract shall assure that:

1. No information, except that inclusive of delivery of this contract, will be shared with the contractor in any follow up communications.

2. None of the information in this contract includes any personal identifiable (employee) information (PII) or personal health information (PHI).

INFORMATION SECURITY & PRIVACY REQUIREMENT:

1. The COR is responsible for maintaining information security and privacy requirements within the designing of spaces and execution of this contract.

2. Exchange of drawings, design documents and project progress data will be transferred to the designer or contractor via e-mail, CDs, fax, and hard copy.

3. Under no circumstance shall sensitive information will be exchanged with the contractor.

4. The contractor will have no reason to obtain access to the VA Intranet or patient care information.

5. No public file sharing services will be used.

6. Contractor will only be given access to areas specified in the contract documents.

7. Contractors will be chaperoned when entering IT closets (IT closet keys will not be given to contractors) by IT personnel or designee.

8. VA personnel will record times of access.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance and shall make copies available to the Contracting Officer upon request.

(End of Clause)

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)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

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) VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in the Vendor Information Pages (VIP) database.

(c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR…