36C25923Q0164.docx

36C25923Q0164

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. SIGNAT

URE 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

36C25923Q0164 Frankie Basham 918.577.3923 01-27-2023 15:00

CST

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 238210 $16.5 Million N/A X Department of Veterans Affairs Oklahoma VA Health Care System 921 N.E. 13th St.

Oklahoma City OK 73104 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Switchgear Maintenance at Oklahoma City VA Health Care System, Oklahoma City, OK.

Respond to Solicitation: Email frances.basham@va.gov by date and time in block 8.

Evaluation of Soliciation:

1. Price.

2. As per VAAR 852.219-77 return signed "Certification of Compliance for Services".

3. NETA Certification/Licensed (See Special Standards of Responsibility, FAR 52.212-1).

4. Past Performance.

See CONTINUATION Page X X Jeffery Farley Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 PERFORMANCE WORK STATEMENT (PWS)

3 Year Switchgear Maintenance Department of Veterans Affairs (VA) Veterans’ Health Administration (VHA) Oklahoma City VA Health Care System

PURPOSE: Oklahoma City VA Health Care system requires the contractor to provide required 3-year switchgear preventative maintenance inspection, and testing on all circuit breakers, in accordance with the Performance Work Statement (PWS), in an efficient and cost-effective manner, supporting the VA mission.

This is a non-personal services contract. The Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose of fulfilling the PWS and shall be considered employees of the Contractor. Contractor shall furnish all labor, materials, parts, equipment, tools, shipping, transportation, insurances, licenses, certifications and supervision necessary to provide services in accordance with this Performance Work Statement (PWS). For a contract of this size, scope and complexity, the successful Contractor must perform in a professional manner as recognized by commercial industry standards as good to excellent.

TASKS and REQUIREMENTS:

· The switch gear is required to be serviced every 3 years for preventative maintenance.

· Vendors must submit NETA (National Electrical Testing Association) certification/licenses for technician(s) intended to be used in the performance of services.

SWITCHGEAR:

A. Clean, inspect, test and adjust all major electrical distribution equipment. This shall include the electrical distribution equipment and transformers in the following locations: See attached Switchgear Inventory List to be serviced.

1. Sub-Stations: No. 1, No. 2, No. 2.5, No. 3 & No. 4.

2. Animal Research Facility.

B. Execute work to interfere as little as possible with normal functioning of the medical center. All outages shall be scheduled and approved in writing at least two weeks in advance.

REPORT:

A. The contractor shall provide a complete comprehensive report on the results of the services rendered. The report shall provide for listings of all equipment tested and scanned including complete nameplate data, age, maximum loading in amperes, the conduction as found, and modifications made. In addition, the contractor shall make recommendations including any major defects or deviations in the electrical system detected during the test and inspection and any violations of national or local codes that may affect the safety of personnel and/or continuity of service. Complete a check- list for each piece of equipment. The check- list shall have a line item for each test and inspection to be performed. All critical conditions, including recommendations for corrective action shall be submitted in writing.

INSPECTION, TEST, MAINTENANCE AND REPAIR:

A. Testing shall be performed in compliance with applicable NEMA, ANSI, ASTM, ASA, NFPA and VA standards. The following equipment shall be inspected, tested and/or repaired in this project:

B. ENCLOSURES AND CUBICLES: The inside of the enclosures housing electrical switchgear shall be cleaned with a vacuum cleaner with insulated attachments. Keep generally free from dust, lint, dirt, and abrasive material. Clean all buses, supports, etc. Buses and connections should be inspected for signs of overheating and weakening of insulation. Buses shall be inspected for adequate support spacing and bracing in accordance with the NEMA Standards for bus bar bracing. All structure supports will be checked for “Tracking” and anchor bolts will be checked for tightness. All control connections, screws, lug, bolts, solderless connectors, etc. will be checked for tightness to ensure good electrical continuity and mechanical condition. Inspect the ground for a solid, continuous, and adequate ground. The connections shall be cleaned and tightened. All raceway systems entering the switchboard shall be inspected to determine that they are properly bonded with lock nuts, etc. Service entrance equipment shall be checked to see that it is grounded in accordance with current NEC requirements. All switch gear compartments shall have the backs removed to allow complete cleaning. All front compartments shall be cleaned and lubricated as necessary, following manufacturer specifications.

C. CIRCUIT BREAKERS: Electrical test shall be made on all circuit breakers by subjecting them to actual operating current to ensure that they will operate within the same limits after service as when new. Adjustments shall not be attempted by anyone other than trained service personnel having the necessary tools and test equipment. The breaker shall be beggared at no greater than 10 percent of its rated voltage. The megger readings must be taken with the breaker closed and latched. Megger readings must be taken from each pole to the breaker frame and from each pole to each of the other poles. The interlock mechanisms should be inspected and tested to ascertain that they are functioning as designed. On a breaker with a 240-volt control, the minimum Megger reading should be one meg-ohm.

D. All circuit breakers shall be removed from service and inspected for loose, broken, or defective parts. All current contacts shall be inspected, cleaned, and polished as required. All bolts, cutter pins, rollers, and bearings shall be examined to determine if any defect, looseness, or unusual conditions exist. All linkages shall be examined and lubricated as required. All arc chutes, barriers and insulation shall be examined for broken or burned areas. All parts shall be cleaned as required. The circuit breaker shall be reassembled. The circuit breaker shall then be tested for electrical tripping using approved low voltage, high current test equipment or trip tested by stimulated CT current through the time over-current relay devices in accordance with the manufacturer’s specifications and published standards.

E. No change in trip device setting from “as found” shall be made by the contractor without expressed approval.

F. SWITCHES-DISCONNECT, TRANSFER SWITCHES, SWITCHGEAR, ATS’S AND GENERATOR SWITCHGEAR: Where possible, the main contacts of the switch can be cleaned, adjusted and a thin film of lubricant placed on them. The fuse clips, connections to the bus or cable, mounting in switchboard, and handles shall be checked for tightness and proper alignment. When applicable, the tension on the contacts may be checked with signs of -discoloration caused by heating are noted. After exercising the switch several times, cleaning and making any adjustments necessary, with a conductor test set, the resistance drop across each phase shall be measured. If the drop has greater than + 20% variation between phases, part replacement should be recommended. Generator switchgear, where possible, shall meet -maintenance requirements per manufacturer’s specifications.

G. RELAYS: Relays shall be checked with a current and accurate timing device. If a relay does not give the desired operating time for a given current, the desired time can usually be obtained by cleaning and adjustment. Only qualified personnel, properly trained and properly equipped with test equipment, manufacturer’s data, and necessary special tools, should work on this equipment.

H. INFRARED SURVEY: Thermo-vision equipment shall be utilized to scan all electrical equipment and terminations in the locations previously specified. All “hot spot”, those which measure greater than 8 degrees (Celsius) higher than die reference temperature (ambient) shall be photographically recorded and included in the Engineering Report to be submitted.

The above paragraphs constitute a basic outline of the work to be accomplished and in no way comprises all the details for this project. The contractor shall initiate a detailed inspection of the project site to determine the needs and conditions for this project. Copies of drawings will be made available for the contractor to use.

The contractor shall be solely responsible for the management, including all associated labor, equipment, materials, mailing costs, and inspection, to meet the requirements of this project.

The areas adjacent to the proposed addition shall be continuously occupied by the OKCVAMC. The Contractor shall implement phasing to ensure that the construction will not impact or impede the VAMC’s mission to care to the Veterans.

The contractor shall provide quality control of all work conducted and the individual appointed shall be competent and educated/experienced in the field of work this scope encompasses.

Codes and Standards: The Contractor shall follow all applicable codes and standards to this type of work including but not limited to Health Care System Memorandums (HCSM), OSHA Guidelines, NFPA 101, NFPA 70, Lock-out-Tag-out, and Rules of Station.

The C&A requirements do not apply, and that a Security Accreditation Package is not required.

Task Management. Engineering shall identify a Contracting Officer’s Representative (COR). The COR will provide technical assistance and clarification required for the performance of this contract, participate in project meetings, review invoices, and receive deliverables. After contract award, the Contracting Officer will appoint a COR and issue a COR appointment letter stating the authority for the COR. The contractor will receive a copy of the written appointment

CODES, STANDARDS AND EXECUTIVE ORDERS

VA has adopted the latest edition of the following codes and standards as a minimum for all projects performed in the modernization, alteration, addition, or improvement of its real property and the construction of new structures. VA design Manuals and Master Specifications specify other codes and standards that VA follows on its projects:

VA Directives, Design Manuals, Master Specifications, VA National CAD Standard Application Guide, and other Guidance on the Technical Information Library (TIL) (http://www.cfm.va.gov/til/).

VA BIM Manual V2.2

VA Handbook 0056, Sustainable Building Program VA Directive 0056, Sustainable Building Program VA Directive 0055, VA Energy and Water Management Program NFPA 101 Life Safety Code NFPA National Fire Codes International Building Code (IBC) and all other International Code Series (IPC, IMC, IECC, IFGC, etc.) when applicable or referenced in VA Design documents/ guides.

Occupational, Safety and Health Administration (OSHA) Standards.

National Electrical Code (NEC) Safety Code for Elevators and Escalators, American Society of Mechanical Engineers (ASME) A 17.1.

ASME Boiler and Pressure Vessel Code ASME Code for Pressure Piping Architectural Barriers Act Accessibility Standards (ABAAS) including VA supplement, Barrier Free Design Guide (PG-18-13) Building Code Requirements for Reinforced Concrete, American Concrete Institute and Commentary (ACI 318) Manual of Steel Construction, Load and Resistance Factor Design Specifications for Structural Steel Buildings, American Institute of Steel Construction (AISC) Energy policy Act of 2007 (EPAct) DOE Interim Final Rule: Energy Conservation Standards for New Federal, Commercial and Multi-Family High-Rise Residential Buildings and New Low-Rise Residential Buildings, 10 CFR Parts 433, 434 and 435.

Federal Leadership in High Performance and Sustainable Buildings: Memorandum of Understanding (MOU) Executive Order 13423: Strengthening Federal Environmental, Energy, and Transportation Management.

The Provisions for Construction and Safety Signs. Stated in the General Requirements Section 01010 of the VA Master Construction Specification.

Ventilation for Acceptable Indoor Air Quality – ASHRAE Standard 62.1- 2013.

Safety Standard for Refrigeration Systems – ASHRAE Standard 15 – 2016.

SCHEDULING ARRANGEMENTS: Upon contract award, the contractor shall coordinate with the local VA POC to schedule services to occur at the location mentioned above. Contractor shall confirm all scheduling agreements in writing with the local VA POC; preferably by email. The contractor is responsible for performing services during standard business hours, unless authorized by the local VA POC, and at no additional charge to the government.

STANDARD BUSINESS HOURS: Standard business hours at this location occur between 8:00am to 4:30pm, Monday through Friday, unless prior arrangements are requested and approved by the Contracting Officer Representative. Excluding Federal holidays.

SAFETY STANDARDS: The contractor shall perform electrical safety measurements on all equipment under this contract in accordance with manufacturer’s specifications. All equipment will be subject to inspection by VA Engineering personnel to verify compliance with these standards.

FEDERAL HOLIDAYS: Federal holidays are any calendar days designated by statute or executive order as federal holidays, and as presented on the OPM website for the respective year in which services are to be performed. Refer to U.S. Office of Personnel Management, at OPM.gov. Federal holidays consist of New Year's Day, Martin Luther King Jr's birthday, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving and Christmas. Holidays that fall on Saturday are observed on the preceding Friday. Holidays that fall on Sunday are observed on the following Monday. In addition to the days designated as holidays, the Government observes the following days:

· Any other day designated by Federal Statute

· Any other day designated by Executive Order

· Any other day designated by the President of the United States to be a Federal Holiday.

CHECK IN/OUT PROCEDURES: Prior to commencement of and immediately after each service visit the Contractor or Contractor’s authorized representative must check in and out with the local VA POC. Only individual VA Engineering Services staff, as delegated by the local VA POC, can coordinate check in and check out procedures for the Contractor in the absence of the local VA POC. Due to heightened security requirements, the Contractor or Contractor’s authorized service representative will be required to wear an ID Badge which will be signed for upon arrival and turned in when leaving. All Badges must be worn at or above the waist and facing forward. This badge must be turned in before leaving the premises; otherwise, the person signing for it will be required to pay for the unreturned ID badge. When at the location, all contractor personnel must be accompanied by the local VA POC, or those VA Engineering Services staff, as delegated by the local VA POC.

Contractor Point of Contact (POC) Upon contract award, the Contractor shall specify an individual who shall serve as a single point of contact (POC) for all Contract related business. Contractor must provide the local VA POC and Contracting Office with the POC contact details, to include cell phone and email, as a minimum. The POC must be easily accessible by phone.

Acceptance Signature - local VA POC’s signature; indicates local VA POC accepts work status as stated in Service Report.

ANSI - American National Standards Institute CFR - Code of Federal Regulations CO – Contracting Officer Contractor Employees – has the same meaning as Contractor Personnel Contractor Personnel - has the same meaning as Contractor Employees COR – Contracting Officer’s Representative Labor – refer to Technically Trained Personnel, also Field Technician NFPA – National Fire Protection Association Original Equipment Manufacturer - OEM OSHA - Occupational Safety and Health Administration POC – Point of Contact SDS - Safety Data Sheet Service Report - a documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

Services – includes for equipment and components listed in this PWS and in accordance with this PWS SR –Service Report Technically Trained Personnel – are personnel and/or employees who shall be suitably knowledgeable, and have a background with appropriate use of chemicals, in order to satisfactorily perform services in accordance with the PWS. Also known as Contractor Personnel or Contractor Employees or Technicians.

UL – Underwriters Laboratories US FDA – US Food and Drug Administration VA Mission - To fulfill President Lincoln's promise "To care for him who shall have borne the battle, and for his widow, and his orphan" by serving and honoring the men and women who are America's veterans.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Clean, inspect, test, and adjust all major electrical distribution equipment. This shall include the electrical distribution equipment in the following location:

Sub-Stations: No. l, No. 2, No. 2.5, No. 3 and No. 4, in accordance with the PWS.

POP Begin: 02-01-2023 POP End: 04-30-2023 PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: H959 - Other Quality Control, Testing, and Inspection - Electrical and Electronic Equipment Components

Clean, inspect, test, and adjust all major electrical distribution equipment. This shall include the electrical distribution equipment in the following location:

Animal Research Facility (ARF), in accordance with the PWS.

POP Begin: 02-01-2023 POP End: 04-30-2023 PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: H959 - Other Quality Control, Testing, and Inspection - Electrical and Electronic Equipment Components

B.4 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

INTRODUCTION

This quality assurance surveillance plan (QASP) is pursuant to the requirements listed in the performance work statement (SOW). This plan sets forth the procedures and guidelines the VA will use in ensuring the required performance standards or services levels are achieved by the contractor.

Purpose The purpose of the QASP is to describe the systematic methods used to monitor performance and to identify the required documentation and the resources to be employed. The QASP provides a means for evaluating whether the contractor is meeting the performance standards/quality levels identified in the SOW and the contractor’s quality control plan (QCP), and to ensure that the government pays only for the level of services received.

Methodologies to Monitor Performance

Surveillance Techniques In an effort to minimize the performance management burden, simplified surveillance methods shall be used by the government to evaluate contractor performance when appropriate. The primary methods of surveillance are:

· Random monitoring - which shall be performed by the COR/COR designated inspector. An example of a sampled week could be the COR sampling four successive waiting times for each of five days in one week.

· 100% Inspection – The COR shall review the generated documentation and enter summary results into the Surveillance Activity Checklist after each inspection.

· Periodic Inspection – COR typically performs the periodic inspection which should align with the frequency of required services per the SOW, such as weekly or monthly, depending on the required task.

· Customer Feedback The contractor is expected to establish and maintain professional communication between its employees and customers. The primary objective of this communication is customer satisfaction. Customer satisfaction is the most significant external indicator of the success and effectiveness of all services provided and can be measured through customer complaints.

Customer feedback may also be obtained either from the results of formal customer satisfaction surveys or from random customer complaints.

QASP ATTACHMENT 1: PERFORMANCE REQUIREMENTS SUMMARY

Non-compliance forwarded to CO for Cure Notice / FAR Remediation

B.5 CONTRACTOR PAYMENT REQUESTS

Contractor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Access the web site for more invoicing instructions: https://www.fsc.va.gov/einvoice.asp

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov Payment requests may be impacted if contractor fails to maintain SAM registration, has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract. Refer to FAR clause 52.204-13.

**Vendor must remain "Active" in SAMs for entire contract term**

B.6 COVID-19 HEALTH REQUIREMENTS

Employee Physical Health: Contractor's employees are expected to be in good physical health and able to work in patient care areas without risk to the patients. No personnel shall be assigned to this contract who are not in good physical health or pose a risk to patients. Contractor's personnel who acquire a communicable illness shall not perform service under the contract and shall be free of illness before returning to work. All employees will be screened daily upon arriving on the VA Medical Center property, any contract worker complaining of or showing symptoms will be sent away and must quarantine for 14 days (unless they provide a Doctor’s note stating they are able to work and are not contagious).

If a contractor refuses screening, they can be denied access to the facility. 38 C.F.R. § 1.218(a)(1) vests the Secretary or his designee with authority to close facilities or portions of facilities that are under the charge and control of VA to the public. This includes the authority to prohibit contractors from entering VA facilities, if they refuse to undergo screening measures. Additionally, FAR 52.212-4(q) requires contractors to comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under contracts for commercial services and supplies.

The CDC states that employees, including contractors, with symptoms of influenza-like illness at work during a pandemic should leave the workplace. The CDC provides guidance for the workplace which OMB references in their COVID-19 guidance. The CDC recommends that employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work, or become sick during the day, should be sent home immediately. Additionally, if the employee is asymptomatic but tests positive, the employee should be sent home immediately. The responsible Contracting Officer must be notified immediately.

It is incumbent upon the contractor to familiarize themselves with Oklahoma’s state quarantine rules by visiting the latest information on the web. Suggested sites are listed below.

https://oklahoma.gov/covid19.html

B.7 VHA SUPPLEMENTAL CONTRCT REQUIREMENTS FOR COMBATTING COVID-19

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For service contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any orders issued prior to this modification when performance has already commenced.

Page 1 of Page 1 of

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:

C.2 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) C.3 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause— United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements…