36C25923Q0060_1.docx

36C25923Q0060

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

660-23-1-5059-0001

36C259-22-AP-5102

11-08-2022 Heather Clemons heather.clemons@va.gov

11-21-2022

5:00 PM

MST

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

811310 $11 Million

N/A

36C660

Department of Veterans Affairs George E. Wahlen VA Medical Center 500 Foothill Blvd Salt Lake City UT 84148 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 (877)353-9791 (512)460-5221

See CONTINUATION Page Electrical Switchgear Preventative Maintenance and Testing

See Section D for Site Visit information. Attendance at the site visit and tour is required for offer consideration. In Addition to the site visit and tour, clause 852.219-77 MUST be Completed and signed for offer consideration.

All questions are to be asked at the time of the site visit directly to the individual(s) conducting the site visit and tour.

All offers are to be submitted to heather.clemons@va.gov no later than 5:00PM MST on Wednesday, November 23, 2022

US Department of Labor Wage Determination# 2015-5489, Revision 19 is applicable to this solicitation.

See CONTINUATION Page

LOA# 660-3630162A1-5059-854100-2543 010050190

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

Name/Title:

Email:

Address:

Phone:

DUNS Number:

Cage Code:

TAX ID:

b. GOVERNMENT:

Contracting Officer Tim Myers, timothy.myers5@va.gov Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Contract Specialist Heather Clemons, heather.clemons@va.gov Department of Veterans Affairs Network Contracting Office

NCO 19

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.

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

FSC e-Invoice Contact Information: (877) 353-9791 FSC e-Invoice email: vafsccshd@va.gov https://www.tungsten-network.com/customer-campaigns/veteransaffairs

Statement of Work Electrical Distribution Switchgear Maintenance and Testing

1. GENERAL REQUIREMENTS

1.1. The Department of Veterans Affairs, Salt Lake City has a requirement to provide service for the testing and maintenance of Electrical Power Distribution Systems in accordance with VHA Directive 1028. The work consists of testing of distribution circuit breakers and switches, infrared imaging, oil testing, and preventative maintenance of equipment. This work requires weekday work as well as a weekend shutdown. The contract place of performance will be at:

Salt Lake City Health Care System 500 Foothill Drive Salt Lake City, Utah 84148

1.2. The Contractor will provide all necessary equipment, tools, PPE, supplies, labor and supervision to perform the work required as described in VHA Directive 1028. Exceptions are detailed in this document.

1.3. All contractor employees will have the following minimum certifications:

1.3.1. On-site Supervision:

NETA level 3 or 4, or equivalent to NETA

NFPA 70E

OSHA 30

First Aid/ CPR

1.3.2. Testing Technicians:

NETA Level 2 or 3, or equivalent to NETA

NFPA 70E

OSHA 10

Lock Out Tag Out First Aid/ CPR

1.3.3. Electricians: Minimum second year indentured/ licensed apprentice, licensed Journeyman or Master Electrician required. Apprentice ratio not to exceed one to one.

Electrical License

NFPA 70E

OSHA 10

Lock Out Tag Out First Aid/ CPR

1.4. The Contractor will provide current copies of certifications no less than 14 days prior to the shutdown. All employees working under this contract will have the appropriate certifications (according to title) on file with the COR, any employee lacking the required certifications will not be allowed to work on campus under this contract.

1.5. The Contractor will provide enough employees to complete the scope of work within the specified time outlined in this Statement of Work.

1.6. All Contractor employees under this contract will comply with all station, VHA, OSHA, and NFPA electrical and general safety codes and directives. The VA will not tolerate safety violations.

1.7. The VA will provide the Contractor with an indoor space for testing. VA Electricians and the Contractor will work together to arrange any specialized power requirements for test equipment.

1.8. The Contractor will have full access to all utilities for any work performed associated with this contract. The VA Engineering department will work with the Contractor to provide any blueprints, drawings, documentation, site walks, etc. This will limit the impact to the hospital during the contract period.

1.9. The Contractor will use the ANSI/NETA MTS-2015 publication for all testing procedures. Contractor employees will have the publication readily available for reference and be able to show the steps they are working from when asked by the VA.

2. SCHEDULE

2.1. The Period of Performance under this contract will be for a base year with two (2) option years and a comprehensive maintenance report.

2.2. Within one week of award, contractor and COR will agree on a date that will be approx. 60 days into the future. The start date will be at the convenience of the VA. Any work that is authorized to be performed outside of the weekend shutdown will start no earlier than the Monday prior to the weekend shutdown. All work listed in sections three and four will be completed in no more than seven consecutive days.

2.3. Standard working hours for weekday work will be M-F 6am-4:30pm. The Contractor will notify the COR a minimum of 30 days prior if work outside the standard working hours will be required to allow adequate scheduling of VA personnel. The weekend will be the only time approved for electrical shutdowns, 12 hours each day. Starting times will be at the convenience of the VA and will be announced a minimum of 30 days prior to the shutdown. Note: most shutdowns begin at 6am Saturday morning, however the shutdown has the potential to be overnight if required by the hospital. Under this contract, the Contractor will schedule work for no more than 13 hours per day and allow 11 consecutive hours off prior to the next work shift. The Contractor should limit Friday’s workload to accommodate an early start on Saturday if required.

2.4. In addition to the shutdown period, the following is requested and should be included in the bid:

2.4.1. After power has been restored on Saturday and Sunday, all contractor personnel will remain on site for a period of two hours.

2.4.2. After the two-hour period on Sunday, the contractor will be on call until 4:30 pm the next day (Monday) and will remain within a 30-minute response time to be on site and in person if called. At a minimum there will be two NETA Level 3 (or higher) and two Journeyman Electricians (or higher). The contractor will have enough personnel available to assist with any issues that arise associated with the work within the contract.

Historically the campus has experienced issues shortly after restoring power as well as the following workday when the campus comes under full load. Providing support for these time frames will greatly reduce any potential impact to the campus.

3. SERVICES REQUIRED

3.1. This contract covers the preventative maintenance and testing of campus and building electrical distribution equipment and switchgear (208V, 480V, 12470V, & 46KV), oil-insulated transformers, SF6 gas insulated medium voltage switching, air insulated medium voltage switching, infrared imaging of equipment, a comprehensive maintenance report, and a recommendation for repairs on critical or failing equipment.

3.2. A spreadsheet is attached for the schedule of equipment being tested. All equipment is on a rotating three-year schedule, the work being performed under this contract will begin with year two of the testing years. The Breaker testing sheet can be sorted by building, panel/gear, power type, breaker type, or test year. Breaker Type has three choices: Dumb, Settings, and Smart. Dumb indicates a non-adjustable breaker, Settings indicate any breaker with mechanical adjustments, Smart indicates a breaker with a solid-state trip unit. Power type has multiple choices: Utility, Normal, Critical, Equipment, Life Safety, and Generator. Utility power is from the utility company. Normal (black) indicates power without generator back up. Critical (green), Equipment (purple), and Life Safety (blue) are sources of power that can be fed by generators; the colors are used in the electrical one line, document number 660-12-108S. Generator power indicates main circuit breaker for the generator. The column labeled On Utility is for circuit breakers fed only by a generator and can be tested while on utility power with the generators locked out. The Infrared testing page includes this year’s transfer switches, dry type transformers, and switchgear assemblies that are to be scanned energized; requirements for infrared testing are covered in section 4.11 & 4.12 of this document. The Oil Testing page includes all oil filled transformers to have oil samples taken and analyzed.

3.3. Dependent on the requirements of ANSI/NETA MTS-2015 and manufacturer’s guidance per task required for the specified equipment] the Contractor will remove, replace, exercise, clean, lubricate, inspect, test, or perform preventative maintenance on each piece of equipment on the spreadsheet. At a minimum, each piece of equipment will meet or exceed the requirements listed in Section 4. A detailed description of the actions taken on each piece of equipment will be provided in the maintenance report. All cleaning will be performed to ANSI/NETA standards to include anti-static rags, HEPA vacuums, lint free brushes, etc. Use of air or compressed air inside any kind of enclosure requires prior and explicit approval from the VA.

3.4. Primary Injection will be performed on all circuit breakers. Primary and Secondary Injection will be performed on all breakers capable of receiving both tests.

3.5. All connection points will be tightened to ANSI/NETA MTS-2015 Table 100.12 or manufacturer’s torque specs. Only calibrated torque tools will be used, ANSI/NETA MTS-2015 5.3, calibration certificates will be included in the maintenance report. The Contractor will prove torque specs are met in random sampling done by the COR. The torqueing tool used will be set to 90% and placed on the connection point. A fitting or connection point that moves proves during the test proves the torque value has not been met. Failed torque specs are not acceptable, the Contractor will be required to re-torque every connection point in the associated piece of equipment or switchgear. After torque specs are met, the Contractor will apply a listed tamperproof torque mark compound. The specific color used in this years’ work will be red.

3.6. There are two buildings on campus (Fisher House and Valor House) that do not have their own generator and will require the rental of two, three phase 208v generators to power each building each day of the shutdown. The generators will be removed, and the buildings put back on utility power after work is complete on both shutdown days. The VA will provide the conductors from generator to building transformer; the Contractor will provide the generator, transport, fuel. The VA Electricians and Contractor will work together to perform this work and will happen on both Saturday, Sunday morning and evening to restore back to utility.

3.7. Sequence of Events: Based on the start and end times and the equipment spreadsheet, the Contractor will provide the COR of an amount of time required and an overall summary of what equipment will be tested at what point of the shutdown. As a contingency plan, the hospital requires the Contractor to be within a two-hour window of returning the campus to normal utility power. During the planning meetings for the shutdown, VA Electricians will go over the schedule with the Contractor and develop a sequence of events that covers securing power to the affected part of the campus, locking out appropriate sections, verifying the absence of power, allowing the Contractor to complete their work, performing safety checks and peer reviews prior to restoring power, removing lockouts, and restoring power.

4. PROCEDURE PER EQUIPMENT

Testing references from ANSI/NETA MTS-2015.

Procedures cover both energized and deenergized states. The Contractor will follow appropriate steps.

4.1. Low Voltage Circuit Breakers Air, Insulated/ Molded Case Visual and Mechanical Inspection ANSI/NETA MTS-2015 Section 7.6.1.1.A 1-9, performing all parts of step six.

Electrical Tests as applicable ANSI/NETA MTS-2015 Section 7.6.1.1.A 1-13, performing optional steps if applicable Perform ANSI/NETA MTS-2015 Section 7.6.1.1.C 1-4, D 1-13

4.2. Low Voltage Circuit Breakers, Low-Voltage Power

Visual and Mechanical Inspection ANSI/NETA MTS-2015 Section 7.6.1.2.A 1-16 Electrical Tests as applicable ANSI/NETA MTS-2015 Section 7.6.1.2.C 1-5, D 1-14

4.3. ATS (Automatic Transfer Switch) *Deenergizing ATS is not authorized Visual and Mechanical Inspection ANSI/NETA MTS-2015 Section 7.22.3.A 1-11, performing all parts of step eight Electrical Tests performed: millivolt drop test, and total harmonic distortion (THD) using a single-phase power quality meter Infrared imaging of phases noting differences in temperature

4.4. Dry Type Transformers

Visual and Mechanical Inspection ANSI/NETA MTS-2015 Section 7.2.1.1.A 1-7 Electrical Tests ANSI/NETA MTS-2015 Section 7.2.1.1.B 1-3, C 1-4, D 1-3, including optional steps Clean using appropriate methods when de-energized

4.5. Oil Filled Transformers

Picture taken of transformer Visual and Mechanical Inspection ANSI/NETA MTS-2015 Section 7.2.2.A 1-15 including optional steps Additional testing as applicable ANSI/NETA MTS-2015 Section 7.2.2.B C and D

4.6. Medium Voltage Switches, Air Insulated, Metal Enclosed

Visual and Mechanical Inspection ANSI/NETA MTS-2015 Section 7.5.1.2.A 1-14 Electrical Tests as applicable ANSI/NETA MTS-2015 Section 7.5.1.2.B 1-6, C 1-3, D 1-6

4.7. Medium Voltage Switches, SF6 Insulated, Metal Enclosed

Visual and Mechanical Inspection as applicable ANSI/NETA MTS-2015 Section 7.5.4.A 1-15 Electrical tests as applicable ANSI/NETA MTS-2015 Section 7.5.4.B 1-8, C 1-5, D 1-8 including optional steps

4.8. Medium Voltage Circuit Breaker, Vacuum

Visual and Mechanical Inspection ANSI/NETA MTS-2015 Section 7.6.3.A 1-18 including optional steps. Perform all parts of Step A 11, 1-3.

Electrical Tests ANSI/NETA MTS-2015 Section 7.6.3.B 1-12, C 1-6, D 1-12 including optional steps

4.9. Switchgear Assemblies

Picture taken of complete switchgear Thermographic testing of switchgear with all covers removed.

Visual and Mechanical Inspection per ANSI/NETA MTS-2015 Section 7.1.A 1-16 Electrical Tests in ANSI/NETA MTS-2015 Section 7.1.B 1-10 including optional items Test Values in ANSI/NETA MTS-2015 Section 7.1.C 1-3, and 7.1.D 1-7

4.10. Oil Sampling following ASTM and ANSI standards

Visual and Mechanical Inspection of Transformer Determine if transformer can be energized for sampling Collect Oil sample and prepare for lab testing with appropriate tools and supplies Tests will include: DGA, dielectric strength, interfacial tension, color, specific gravity, PPM of water, acidity, visual condition, power factor or dissipation factor

4.11. Infrared Imaging on Energized Equipment

NFPA 70E PPE guidelines will be followed Contractor is responsible for removing and reinstalling any doors or covers.

Visual inspection of equipment Temperature differences and hot spots will be recorded If a difference of temperature is identified, location will be recorded All conductors will have amperage measurements taken and recorded.

Determination will be made if cause is imbalanced load, loose connection, etc.

Photographs of infrared images will be included in the final report

4.12. The standard for thermographic or infrared imaging is ANSI/NETA MTS-2015 Section 9. Steps 1-4 and their sub steps will be performed on each piece of equipment requiring infrared imaging. Each piece of equipment with a recorded infrared image will have an identical reference (non-infrared) photo taken. Any piece of equipment with discrepancies will have additional non-infrared photo(s) taken for easier identification. All discrepancies will be noted in the final report along with the additional testing performed as well as an analysis of possible causes of discrepancy. Minimum additional testing will include amperage measurements and millivolt drop test on every phase.

4.13. The Contractor will take note of existing equipment conditions prior to beginning any work. Before utility power is restored, the Contractor will conduct a thorough Peer Review to ensure all equipment is in its original condition and all tools and material used in the shutdown are accounted for. After the approval of the VA Safety Department, VA Electricians and the Contractor will begin the process to restore utility power.

5. DELIVERABLES

5.1. The Contractor will submit items requested prior to the shutdown as specified in this document.

5.2. The Contractor will use apply a color-coded inspection self-adhesive label after a test is complete showing the name of the tester, date of test, type of test, result of test, next due date of test. A numbering system associated with the test report may be used. The Contractor may use the numbering system already in place at the VA and may request a copy of previous years information.

5.2.1. White- Within Specifications

Yellow- Limited service and reason Red- Failed test and reason

5.2.2. Labels used outdoors will be protected from the sun

5.3. The Contractor will submit a complete maintenance report (PDF format, two hard copies and one electronic) no more than 60 days after the weekend shutdown. At a minimum the report will include the following, the format may be used as a table of contents:

5.3.1. Equipment Problem Summary

List equipment by building or area of problems found during testing.

Include the problem, any work performed, and the recommendation moving forward.

5.3.2. Equipment inventory

Detailed information that has been gathered about each piece of equipment Add any pictures taken of equipment

5.3.3. Test Sheets. Appropriate software such as Tegg or PowerDB is required. The minimum information on the test sheet is outlined in ANSI/NETA MTS-2015 5.4.1, 2, & 3 to include all sub steps.

5.3.4. Trip Curves

Manufacturer’s trip curves of circuit breakers tested will be included Any trip curves associated with testing Protective relay settings included

5.3.5. Oil Sample Test Results

Report will be on an accredited testing laboratory letterhead Requirement is outlined in 4.10 of this document

5.3.6. Equipment Problem Report

Location and detailed description of problem Consequences if not corrected Recommendations for repair Corrective actions including a cost estimate

5.3.7. Other items not covered

The Contractor may include any additional issues that are discovered that are not included in this scope.

6. SAFETY

6.1. Energized work is not permitted unless explicit permission is given.

6.2. The VA Safety Department is involved in all utility shutdowns and will be present for the duration of this scope. VA Electricians meet or exceed the training required for the Contractor Electricians. Contractor and VA personnel are expected to work safely. All persons working under this contract are expected to announce a ‘Stop Work’ to discuss any safety hazards or unsafe working conditions that are discovered. The Contractor is to immediately notify VA Electricians if any loose connections are found.

6.3. Station, VHA, and NFPA Safety codes and directives will be followed. The Contractor and VA Electricians will adhere to the station lock out tag out policy. VA Electricians will turn off and turn on all utility power. Appropriate PPE will be worn for all medium voltage switching, voltage verification, and grounding cluster attachment and removal.

6.4. Authorized employees may conduct inspection and testing on energized equipment and will follow the equipment arc flash label, or NFPA 70E 2018 Table 130.7(C)(15)(a).

6.5. Work areas will be protected from unauthorized personnel IAW NFPA 70E. The Contractor will not leave energized equipment with covers removed or doors open unattended to prevent inadvertent contact with energized parts.

7. PUBLICATIONS USED

VHA Directive 1028 Station SOP 57 Electrically Safe Work Practices Station SOP 91, Lock Out Tag Out

NETA MTS 2015

NFPA 70 2017

NFPA 70B 2019

NFPA 70E 2020

ANSI-C2 National Electrical Safety Code

8. DOCUMENTS ATTACHED

Equipment spreadsheet Campus layout and map Campus power one line, document 660-12-108S Medium Voltage one line

9. Miscellaneous Contractor personnel will wear attire appropriate for the work being conducted Contractor personnel will conduct themselves in an appropriate manner Contractor personnel will abide by all Campus regulations

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Perform Preventative maintenance and testing of campus and utility distribution electrical equipment in accordance with VHA Directive 1028 and the Statement of Work.

Contract Period: Base POP Begin: 12-01-2022 POP End: 11-30-2023 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution Equipment

Perform Preventative maintenance and testing of campus and utility distribution electrical equipment in accordance with VHA Directive 1028 and the Statement of Work.

Contract Period: Option 1 POP Begin: 12-01-2023 POP End: 11-30-2024 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution Equipment

Perform Preventative maintenance and testing of campus and utility distribution electrical equipment in accordance with VHA Directive 1028 and the Statement of Work.

Contract Period: Option 2 POP Begin: 12-01-2024 POP End: 11-30-2025 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution Equipment

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SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s…