36C26024Q0513_AMENDED.docx

36C26024Q0513

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

Derek Crockett

(360) 816-2760 06/07/2024 15:00

PDT

36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X

238210 $19 Million

N/A

N/A

36C260 Department of Veterans Affairs Puget Sound VA Medical Center American Lake VA Medical Center 9600 Veterans Drive Southwest Tacoma WA 98493 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

The Department of Veterans Affairs- Puget Sound VA Medical Center- American Lake Campus requires electrical switchgear inspection, testing, and maintenance services.

This is notice of a total SDVOSB set-aside. Offerors must be certified in the SBA VetCert database as an SDVOSB at time of offer and award to be considered eligible.

Special Standards of responsibility apply to this RFQ. See E.7 Basis of Award pages 45- 47 for submission requirements.

See SOW, Attachments A, B, and C for requirement details.

Quotes shall be submitted by email ONLY to; Derek Crockett at: Derek.Crockett@va.gov on or before the close date of this solicitation on 06/07/2024 at 3p.m. PST.

Derek Crockett

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 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

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 PRICE/COST SCHEDULE

ITEM INFORMATION

Switchgear inspection, testing, and maintenance IAW the Statement of Work PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: H261 - Equipment and Materials Testing - Electric Wire and Power Distribution Equipment

B.3 STATEMENT OF WORK (SOW)

STATEMENT OF WORK

SWITCHGEAR TESTING, INSPECTION, & MAINTENANCE

1. BACKGROUND.

The Puget Sound VA Medical Center- American Lake Campus requires switchgear inspection, maintenance, and testing in accordance with VHA directive 1028. The on-site testing, inspection, and maintenance phase of all equipment listed below and in Attachment B- Master Drawing Index is to be completed on-site at the American Lake Campus within a VHA approved project schedule not to exceed three-weeks.

Weekend and/or evening work will be required by the contractor due to the requirement of electrical shutoffs during the testing, inspection, and maintenance phase, as well as the potential impact to patient care safety. The government estimates two to three workdays regarding the on-site testing, inspection, and maintenance phase will require weekend work due to electrical shutoff’s requirements.

2. PERIOD OF PERFORMANCE: 120 days after Award Date Of Contract

3. PLACE OF WORK PERFORMANCE:

VA Hospital American Lake 9600 Veterans Drive Southwest Tacoma, Washington, 98493-0003

4. SCOPE OF WORK.

Contractors shall be experienced Electrical Contractors, having properly trained and licensed staff required to perform the testing, inspection, and maintenance for the equipment listed in the description below.

1. Contractors and technicians shall be certified by the International Electrical Testing Association (NETA) or equivalent certifying organizations such as National Institute for Certification in Engineering Technologies (NICET) that covers testing and certification following ANSI/NETA MTS-2023 Maintenance Testing Specifications for Electrical Power Equipment and Systems.

All testing will be in reference to the ANSI/NETA MTS-2023 Maintenance Testing Specifications for Electrical Power Equipment and Systems. The work includes the following specifications:

7.2.2 - Transformers, Liquid-Filled

7.6.3 - Circuit Breakers, Vacuum, Medium-Voltage 7.9.1-2 - Protective Relays, Electromechanical, Solid-State and Microprocessor-Based 7.11.1-2 - Metering Devices, Electromechanical, Solid-State and Microprocessor-Based

SCHEDULE

Within 14 calendar days after the period of performance start date, the contractor shall submit a project schedule not to exceed a duration of three weeks, detailing the scheduled hours and a listing of all equipment to be tested to the VHA’s Contracting Officer’s Technical Representatives (COTR) for approval. The project schedule will outline all on-site requirements and scheduled dates to complete the inspection, testing, and maintenance services of all equipment listed below.

All electrical shutoff’s and required outages shall be scheduled and approved in writing by the VHA COTRs at least two weeks in advance and detailed on the contractor’s project schedule. Electrical shutoffs and outages will be scheduled only on weekends beginning at 1800 on Friday and ending at 0400 Monday.

REPORTING

The final inspection, testing, and maintenance report is to be compiled and submitted as a deliverable PDF report/document to the government approximately 14 calendar days after the on-site inspection, testing, and maintenance services detailed in the VHA COTR approved project schedule has been completed by the contractor.

The contractor’s PDF report will include conditions and test data, with a summary of recommendations for future maintenance, replacement of components or replacement of apparatus IAW with JAHCO requirements. The report will detail any discrepancies and issues found regarding the equipment below, as well as recommend repairs and cost estimates.

EMERGENT REPLACEMENT OF DEFECTIVE PARTS & EQUIPMENT

This requirement is for the inspection, testing, and maintenance of the equipment listed in Attachment B- Master Drawing Index. In the event any equipment parts listed in Attachment B- Master Drawing Index are found to be inoperable or defective during performance of this requirement and will result in a complete work stoppage directly impacting the facility and VHA patient care, the contractor shall notify the VHA COTRs and the VHA contracting officer immediately by phone and email, identifying the defective item part number and location of the equipment.

The government will procure any inoperable or defective equipment discovered by the contractor during the inspection, testing, and maintenance phase of this requirement and that is considered emergent, requiring immediate replacement. The government will provide the contractor with any new replacement part(s) identified as an emergent within three business days, and the contractor will install the new equipment and continue scheduled work performance at no additional costs to the government.

The contractor will continue performance of this requirement and provide an updated project schedule to the VHA COTRs for approval if work stoppage has occurred as the result of an emergent event and an extension of the contractor’s project schedule is required. The contractor must continue performance within three business days after the replacement of any inoperable or defective equipment and an emergent event. Any extension of the contractor’s project schedule that may occur due to an emergent event as described above will be performed by the contractor at no additional costs to the government.

MAIN EQUIPMENT:

Main Equipment to be Tested/Serviced and Location:

Main Electrical room (E162) QTY (12) VCP-W Medium Voltage Breakers QTY (12) Protective relays QTY (12) Meters associated meters with the Medium Voltage breakers.

Main Switch Yard (E121) QTY (4) Oil filled transformers Main Switch Yard (E121) Clean check the entire sub-station, check for cracks in all glass insulators, and perform thermal inspection of all connections on substation. Check steel structure for structural adequacy and tightness.

EQUIPMENT COMPONENTS SPECIFICATIONS, TESTING, & MAINTENANCE STANDARDS

FS1 - American Lake Switchgear EPM requires Shutdown

Medium Voltage, 1,000-69,000 Volts QTY 1- Switchgear and Switchboard Assemblies (NETA 7.1) QTY 2- Transformers, Liquid-Filled up to 750-2000kVA (NETA 7.2.2) QTY 36- Instrument Transformers, CT's Metalclad (NETA 7.10) QTY 3-Instrument Transformers, PT's Metalclad (NETA 7.10) Non-Voltage Specific

QTY 13 - Protective Relays, Microprocessor-Based (NETA 7.9.2) QTY 21 - Metering Devices, Microprocessor-Based (NETA 7.11.2) FS2 - American Lake Vacuum Circuit Breaker Testing Medium Voltage, 1,000-69,000 Volts QTY 12 - Circuit Breakers, Vacuum, Medium-Voltage (NETA 7.6.3)

INSPECTION, TESTING, AND MAINTENANCE

Medium Voltage Air Switches.

Visual and Mechanical Inspection

· Inspect physical and mechanical condition.

· Verify appropriate anchorage and required area clearances.

· Verify appropriate equipment grounding.

· Verify correct blade alignment, blade penetration, travel stops, and mechanical operation.

· Record fuses sizes and types.

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

· Verify that each fuse holder has adequate mechanical support.

· Verify tightness of accessible bolted electrical connections by calibrated torque-wrench method.

· Test all interlocking systems for correct operation and sequencing.

· Inspect insulating assemblies for evidence of physical damage or contaminated surfaces.

· Exercise all active components. Clean and lubricate as required.

· Compare switchblade clearances with industry standards.

· Verify all indicating and control devices for correct operation.

· Verify operation of heaters, if applicable.

· Thoroughly clean unit prior to testing unless as-found and as-left tests are required.

Electrical Tests:

· Perform insulation-resistance tests on each pole, phase-to-phase and phase-to-ground with switch closed and across each open pole for one minute.

· Measure contact resistance across each switchblade and fuse holder.

· Measure fuse resistance

· Inspect physical and mechanical condition.

· Verify tightness of accessible bolted electrical connections by calibrated torque-wrench method.

· Verify that positive pressure is maintained on nitrogen-blanketed transformers.

· Verify correct equipment grounding.

· Check all liquid in tanks and bushings for proper level and inspect for oil leaks.

· Liquid filled transformers shall have the cooling liquid checked and replaced when test indicates that it no longer meets manufacturer’s requirements. Analyze oil for PCB contaminants and determine parts per million contents in accordance with either ASTM or EPA procedures.

· Oil from transformers shall be sampled in accordance with ASTM procedures and analyzed by an independent laboratory for:

1. Color

2. Acidity

3. Interfacial tension

4. Dielectric strength

5. Dissolved gas-in-oil

6. Power factor

· Test insulation resistance, power factor, and turns ratio.

· Replace gaskets as needed.

Electrical Tests:

· Perform insulation-resistance tests, winding-to-winding, and each winding-to-ground.

· Calculate polarization index.

· Perform turns-ratio tests at the designated tap position.

· Perform insulation power-factor/dissipation-factor tests on all windings and correct to 20°C in accordance with test equipment manufacturer's published data.

· Perform excitation-current tests in accordance with test equipment manufacturer's published data.

· Remove a sample of insulating liquid in accordance with ASTM D923. Sample shall be tested in accordance with the referenced standard. • Dielectric breakdown voltage: ASTM D877and/or ASTM D1816

· Inspect physical and mechanical condition.

· Inspect anchorage, alignment, and grounding. Inspect arc chutes. Inspect moving and stationary contacts for condition, wear, and alignment.

· Verify that all maintenance devices are available for servicing and operating the breaker.

· Verify tightness of accessible bolted electrical connections by calibrated torque-wrench method.

· Verify cell fit and element alignment.

· Verify racking mechanism.

· Thoroughly clean unit prior to testing unless as-found and as-left tests are required.

Electrical Tests:

· Perform a contact-resistance test.

· Perform an insulation-resistance test at 1000 volts dc from pole-to-pole and from each pole-to-ground with breaker closed and across open contacts of each phase.

· Determine minimum pickup current by primary current injection.

· Determine long-time delay by primary current injection.

· Determine instantaneous pickup value by primary current injection.

· Verify operation of charging mechanism General Housekeeping and Inspections:

Visual inspection and cleaning

· Fully inspect all cabinets for signs of irregularities and/or defects. Take needed actions to correct.

· Check all bolted connections for manufactures recommended torque values. Place torque marks with an acceptable paint pen.

· Thoroughly clean and wipe down all interior spaces within the cabinets per manufacturers recommendations.

· Make sure all indication lights are properly working in all cabinets.

5. TEST REPORT

The test report shall include the following:

· Company’s Name, address, telephone, and fax number.

· Name and signature of contractor who performed the maintenance and testing.

· VA work contract number, name, and number of VA contracting Officer.

· Date and time of work.

· Copies of contractor’s valid licenses, professional and training certificates.

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

· Description of work items. Summary of project

· Test results.

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

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

· Recommended corrective actions, if any.

6. QUALIFICATIONS OF CONTRACTORS

A. Contractors and technicians shall be certified by the International Electrical Testing Association (NETA) or equivalent certifying organizations such as National Institute for Certification in Engineering Technologies (NICET) that covers testing and certification following ANSI/NETA MTS-2023 Maintenance Testing Specifications for Electrical Power Equipment and Systems, and with each technician having completed the Occupational Safety & Health Administration (OSHA) approved 10-hour construction safety training and completed Occupational Safety & Health Administration (OSHA) construction safety training.

B. Contractors shall have technical training and a history of work experience in maintenance, inspection, and testing of the low and medium voltage Electrical Power Distribution Systems and its components in healthcare, industrial, educational, and commercial facilities for a minimum of five (5) continuous years.

C. Contractors shall have safety trainings – either on-the-job or class-room type – in electrical safety outlined in the OSHA Standard 29 Code of Federal Regulations (CFR) 1910 Subpart S – Electrical, and the NFPA 70E – Standard for Electrical Safety in the Workplace. Training certifications will be required for submission to the VA COTR and contracting officer prior to work and during performance of the scope of work.

D. Contractors shall have ready access to the latest versions of the following references:

1) NFPA 70, National Electrical Code.

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

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

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

5) OSHA Standard 29 CFR 1910, Subparts I & S.

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

7) Operating/Maintenance manuals, and specifications of the electrical equipment to be maintained and tested. These documents may be obtained from the VHA Medical Center, or the equipment manufacturers.

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

7. PERFORMANCE MONITORING

COTR for performance monitoring will be handled by Bryan Taylor and David Pape.

3.6 Final acceptance and completion of this requirement will be determined by the VHA’s COTR, within 14 calendar days after the submission of the final test report submitted by the contractor. If the VHA COTR determines the final report is incomplete or specific equipment listed in the SOW has not been tested and inspected in accordance with the Statement of Work, then the contractor will have seven (7) calendar days to submit missing test data. If the VHA COTR determines that missing or incomplete test data will require further on-site inspection and testing at the VHA campus by the contractor, then the contractor will have no longer than 14 calendar days to schedule and complete the additional on-site testing and inspection, and at no additional costs to the government.

8. SECURITY REQUIREMENTS: The Contractor employees shall not have access to Veteran Affairs sensitive or computer information and will not require routine access to Veteran Affairs Facilities. The Contractor employees shall require intermittent access only and will be escorted by Veteran Affairs employees while at Veteran Affairs Facilities. No background investigation is required.

9. INVOICING: VA published the final rule requiring vendors to submit invoices electronically to the Financial Services Center (FSC) in the November 27, 2012, Federal Register. The rule became effective December 27, 2012. The rule includes a new contract clause to be inserted in all solicitations and contracts by the contracting officer (VAAR 852.232-72). Vendors can comply with the rule by using either of the two methods below:

The FSC uses a third-party contractor, Tungsten Network, to transition vendors from paper to electronic invoice submission. For information on Tungsten Network electronic invoicing set-up, vendors should call 1-877-489-6135, or email VA.Registration@Tungsten-Network.com.

Vendors are required to register with Tungsten Network and submit invoices electronically as a condition of acceptance of this contract or order.

For questions, please refer to: http://www.tungsten-network.com/us/en/veterans-affairs/ Submittal of invoices are to be through http://www.tungsten-network.com/us/en/ If the company elects for a Web Form Account:

They do not require a “Registration Key” unless provided to them directly through email.

Their Companies Taxpayer ID Number (TIN) is Required for VA-FSC.

Remittance Address Details are Required to Transact to VA-FSC. Please use:

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

The Department of Veterans Affairs Tungsten Number is: AAA544240062 The current account and transaction fees associated with the Tungsten services are paid by the VA-FSC. Free transaction code (s) are not required.

A system that conforms to the X12 electronic data interchange (EDI) format established by the Accredited Standards Center. For FSC e-Invoicing information, please call 1-877-353-9791 or email vafsccshd@va.gov.

FSC and VA’s Office of Acquisition, Logistics and Construction (OALC) will assist existing commercial vendors in migrating to the electronic process. Until the transition to electronic format is complete, FSC will continue to process paper invoices for commercial vendors.

The FSC’s electronic invoicing system provides a variety of flexible solutions for all vendor types, including small businesses, and does not require any vendor transaction fees. More information on the FSC electronic invoicing process can be found at http://www.fsc.va.gov/einvoice.asp.

36C26024Q0513

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause) C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

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

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed…