36C261-26-Q-0232 Arc Flash Study.pdf
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- Solicitation number
- 36C26126Q0232
About this file
This is a Request for Quote (RFQ) for an Electrical Distribution System Condition Assessment and Arc Flash Study for the VA Pacific Islands Health Care System. The solicitation is a total set-aside for Certified Service-Disabled Veteran-Owned Small Businesses (SDVOSB) with a size standard of $25.5 Million under NAICS code 541330. The contract will cover conducting an Arc Flash study for multiple facilities at the TRIPLER Army Medical Center campus in Honolulu, Hawaii, including E-Wing, Ambulatory Care Clinic, Parking Structure, and Community Living Center.
Key details include a one-year performance period, with deliverables requiring electrical engineering certifications, documentation of past arc flash studies, detailed facility electrical distribution system analysis, and comprehensive reporting. Offerors must provide experience with Five (5) Year Arc Flash Study Services, past performance references, and technical capabilities. The solicitation requires submission of technical, past performance, and price proposals by December 16, 2025, at 3:00 PM PDT to Victoria Torres at victoria.torres@va.gov. The Department of Veterans Affairs, Network Contracting Office 21, Southern Nevada Healthcare System will administer the contract, with payments processed through the VA Financial Services Center in Austin, Texas.
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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
36C261-26-AP-0661
36C26126Q0232 12-05-2025
Victoria Torres 7027919000 12-16-2025
15:00 PST
00261
Department of Veterans Affairs
Network Contracting Office 21
VA Southern Nevada Healthcare System
6900 N. Pecos Road, Building 6
North Las Vegas NV 89086
X 100
X
541330
$25.5 Million
N/A
See Delivery Schedule
00261
Department of Veterans Affairs
Network Contracting Office 21
Southern Nevada Healthcare System
6900 N. Pecos Road, Building 6
North Las Vegas NV 89086
Financial Services Center
P.O. Box 149971
Austin TX 78714-9971
See CONTINUATION Page
**See Section B2 for Solicitation Requirements**
Submission of your response shall be received not later than
Tuesday, December 16, 2025 at 1500 PDT to Victoria Torres at victoria.torres@va.gov
Any questions or concerns regarding this solicitation should forwarded in writing via e-mail to the Point of Contact below NO LATER THAN Tuesday, December 09, 2025 at 15:00 PDT
Point of Contact:
Victoria Torres victoria.torres@va.gov
See CONTINUATION Page
36C26126Q0232
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
B.3 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION
FEB 2025)
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 36C261
Network Contracting Office 21
VA Southern Nevada Healthcare System
6900 N. Pecos Road, Building 6
North Las Vegas NV 89086
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [x] Upon delivery and government acceptance.
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment
Requests.
Department of Veterans Affairs
FMS-VA-Financial Services Center
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
VA Pacific Islands Health Care System Project No.
459 Patterson Road, Honolulu, HI Project Title: Electrical Distribution System
Condition Assessment/ARC Flash
VAPIHCS Facilities
June 12, 2025
STATEMENT OF WORK
GENERAL INTENTION
The intent of the Arc Flash study is to identify and verify potential arc flash problems, initiate appropriate safety action, explore solutions and remediation to the arc flash problem with the existing electrical distribution system including switchgears, transformers, circuit systems etc, results from the study to make adjustments on the equipment The intent of the Arc Flash study is to identify and verify potential arc flash problems, initiate and develop operations and maintenance for the various VAPIHCS facilities.
The facilities are as follows:
Veterans Affairs at TRIPLER Army Medical Center campus:
• E-Wing (Bldg. T-1), 1 Jarret White Rd. Honolulu, HI 96819
• 101,000 square feet
• Ambulatory Care Clinic, ACC (Bldg. 30), 459 Patterson Rd. Honolulu, HI 96819
• 92,371 square feet
• Parking Structure (Bldg. 32), 114 Krukowski Rd. Honolulu, HI 96819
• 40,000 square feet
• Community Living Center, CLC (Bldg. 110), 110 Krukowski Rd. Honolulu, HI 96819
• 43,000 square feet
PURPOSE
Pursuant to recent arc flash accidents at other facilities, the VA Pacific Islands Health Care System
(VAPIHCS) has definite concerns with Arc Flash occurrence with their electrical equipment and inherent safety with personnel working around or with the equipment.
The Arc Flash study is necessary to quantify the hazards, minimize or mitigate the hazards and comply with OSHA 29 (Occupational Safety and Health Administration), the National Electric Code and NFPA
(National Fire Protection Association)
VHA directive 1028 para 7
SAFETY
The VA medical facility or affiliate site analyses and identifies electrical hazards, arc flash, and shock.
The analysis, identification, and notification include the following:
a. Shock Hazard Analysis. The shock hazard analysis determines the voltage(s) to which personnel will be exposed, the boundary requirements, and the personal protective equipment (PPE) necessary to minimize the possibility of electrical shock to personnel.
b. Arc Flash Hazard Analysis. An arc flash hazard analysis determines the arc flash protection boundary, and the PPE required for employee protection with within the arc flash protection boundary. NOTE:
Regularly updating the preceding analyses, labeling and reports to ensure accuracy and reflect current
VA medical facility conditions, including additions, upgrades and other changes that occurred following completion of the previous analyses. Arc Flash risk assessment must be reviewed at least every 5 years and updated as changes mandate. The shock hazard and arc flash hazard analyses, along with any subsequent system labeling or output reports, must comply with the requirements outlined in NFPA 70E and Institute of Electrical and Electronics Engineers (IEEE) Standard 1584.
February 24, 2019, VHA DIRECTIVE 10289
c. Labelling Low Incident Energy Devices. Electrical devices or equipment, such as disconnect, switches and small electrical enclosures may be assumed to have negligible arc flash risk if energized by circuits meeting the appropriate exception(s) put forth in the current edition of IEEE 1584.
(1) Labels shall include verbiage such as “Exempt from Arc Flash Risk Assessment IAW IEEE 1584,” the voltage and the corresponding PPE for the shock hazard (e.g., Class 00 Gloves).
(2) Electrical devices, equipment and appurtenances within the specifications for the IEEE 1584 exclusion and for which the amperage and voltage are apparent based on physical appearance; arc-flash warning labels are not required. Examples of devices not requiring labels include 110v-receptacles, light switches, grounding points, thermostats, and light fixtures.
NFPA 70E para 130.5
130.5 Arc Flash Risk Assessment. An arc flash risk assessment shall be performed and shall:
(1) Determine if an arc flash hazard exists. If an arc flash hazard exists, the risk assessment shall determine:
a. Appropriate safety-related work practices
b. The arc flash boundary
c. The PPE to be used within the arc flash boundary
(2) Be updated when a major modification or renovation takes place. It shall be reviewed periodically, at intervals not to exceed 5 years, to account for changes in the electrical distribution system that could affect the results of the arc flash risk assessment.
Period of Performance
The period of performance for this service contract is for one year.
SCOPE OF WORK
1. Provide architectural and engineering design services to conduct an Arc Flash Station Survey/ study for the various listed facilities.
This study shall as a minimum include arc flash, short-circuit, and protective device analysis.
Government will furnish facility data for contractor review (all provided materials remain property of the
US Government). Deliverables will consist of signed and sealed survey which includes electrical equipment (but is not limited to): Switchboards, Panel Boards, Transformers, Disconnects, Breakers, ATS, Electrical cabinets, Motor Starters, and Motor Controllers.
i. Executive Summary including Introduction, Scope of Work and Results/Recommendations.
ii. Short-Circuit Methodology Analysis Results and Recommendations.
iii. Short-Circuit Device Evaluation Table.
iv. Protective Device Coordination Methodology Analysis Results and Recommendations.
v. Protective Device Settings Table.
vi. Time-Current Coordination Graphs and Recommendations.
vii. Arc Flash hazard methodology, calculations, analysis results and recommendations including the details of the incident energy and flash protection boundary calculations, along with Arc Flash boundary distances, working distances, Incident Energy levels and
Personal Protection Equipment levels.
viii. Arc Flash Labeling section including completed labels and showing types of labels provided by the contractor as well as all locations to be applied. Section will contain descriptive information as well as typical label images.
ix. System diagram (digital and hardcopy) clearly identifying individual equipment buses, bus numbers used in the short-circuit analysis, cable and bus connections between the equipment, calculated maximum short-circuit current at each bus location, device numbers used in the time-current coordination analysis, and other information pertinent to the computer analysis.
x. Develop single line impedence diagrams.
xi. Develop facility single line diagrams.
xii. Ground Resistance Test Report.
2. The contractor/ consultant shall install Arc Flash labels on all equipment within the electrical distribution system. Submit a sample for review and approval.
3. The contractor/ consultant shall verify settings and make proper adjustments on the electrical distribution system to be following the Arc Flash study.
4. The deliverables shall be used as part of the operations and maintenance on the electrical equipment.
Develop an operations and maintenance plan for the equipment with long term recommendations for repair and upgrade including cost estimate. After the remedial adjustments have been made on the electrical equipment, contractor/ consultant shall provide a 2- hour informal training for the operations and maintenance personnel.
5. The study shall comply with, the current version of NFPA 70E – Standard for Electrical Safety in the
Workplace, National Electric Code, and the IEEE Standard 1584-2002 Guide for Performing Arc-Flash
Calculations, and the VA Electrical Design Manual, December 2010.
GENERAL REQUIREMENTS
1. The A/E shall provide all labor, equipment and materials to conduct the Arc Flash survey in accordance with safety guidelines.
2. The study/ survey shall be performed in accordance with required references. Architect/Engineer
(A/E) shall provide complete design drawings, technical data and measurements, technical specifications, annotate and pictorially identify the extent of condition on the electrical distribution system. Coordination of the design shall be done with VA Facilities Management/ Engineering Service (FMES) staff.
3. The A/E shall be solely responsible for the management and professional design to meet the requirements of the contract. Be responsible for verification of all design documents including references, as-built construction drawings, field verify electrical equipment and existing conditions of the electrical distribution system. The A/E shall provide competent design services utilizing personnel adequately qualified in their respective disciplines. All design work shall conform to applicable life safety and building codes.
a. The study which includes arc flash, short-circuit, and protective device analysis shall be conducted under the responsible charge and approval of a Registered Professional Electrical Engineer skilled in performing and interpreting the power system studies.
b. The Registered Professional Electrical Engineer shall have a minimum of five (5) years of experience in performing electrical power and electrical distribution system studies.
4. The A/E shall provide half-size drawings in AutoCAD (*.dwg) format and reports in Word (*.doc) format.
5. The Certification and Accreditation (C&A) requirements do not apply, and that a Security
Accreditation Package is not required.
6. The contractor/ consultant shall provide pricing and deductive alternative for each facility.
7. Report will be in the same format as previous ARC flash report.
8. Submittal schedule:
Item
Description
Number of Copies
Draft Study 30, 60, and 90% submittals 2 hard copies (per each submittal) drawings, and 1 electronic copy
(each) of Documents
Final Study Final submittal 3 hard copies with drawings and 1 electronic copy of Documents
8. Schedule of Work:
Draft Arc Flash Study- 30% 60 calendar days Following receipt of NTP
VA Review 14 calendar days
After submittal of 30%
Draft Arc Flash Study- 60% 30 calendar days After receipt of VA comments
VA Review 14 calendar days After submittal of 60%
Draft Arc Flash Study- 90% 21 calendar days After receipt of VA comments
Final 14 calendar days
OPERATING HOURS
a. Operating hours will meet mission requirements.
b. Maintenance hours of operation will be outside of business hours 0730 to 1600 hours daily (to avoid patient interruption), Monday through Friday. Saturday and Sunday 0700-1600.
c. Recognized Holidays. Except for work categorized as emergency, the contractor is not required to provide all services on the federal holidays.
d. Federal Holidays: National Holidays observed by the Federal Government are:
• New Year’s Day, January 1
• Martin Luther King Day, Third Monday in January
• Presidents’ Day, Third Monday in February
• Memorial Day, Last Monday in May
• Juneteenth, June 19th
• Independence Day, July 4
• Labor Day, First Monday in September
• Columbus Day, Second Monday in October
• Veterans’ Day, November 11
• Thanksgiving Day, Fourth Thursday in November
• Christmas Day, December 25
NOTE: Any of the above holidays falling on a Saturday or Sunday will be observed on the date designated by the Federal Government.
WORK HOURS
1. For service that does not require any power outages or that will not disrupt normal hospital of clinical operations, the Contractor shall perform services during normal working hours (weekdays, excluding Federal holidays, from 7:00 a.m. to 5:00 p.m.) acceptable to the COR.
2. For services that require complete or localized power outages, the Contractor shall perform these services outside of normal working hours (5:00 p.m. to 7:00 a.m. or weekends), include any power transfers that would cause a short power outage, coordinated in advance with the COR.
3. All services that interrupt or interfere with Medical or patient services shall be coordinated in advance with the COR; this may require the Contractor service being performed outside of normal working hours. In some cases where medical emergency or scheduled services such as surgery are performed, scheduling may require advance planning up to three weeks in advance in coordination with the COR.
GOVERNMENT FURNISHED PROPERTY, MATERIALS, and SERVICES
a. The Government will not provide office space or operational facilities to the Contractor. The
Contractor shall secure and maintain the necessary office space and other facilities required for performance of this Contract at their own expense.
b. The Government will not provide tools or equipment to the Contractor. The Contract shall furnish all tools required for the performance of this Contract.
c. The Government will not provide any materials to the Contractor.
d. The Government will furnish the following services at existing outlets, for use in those facilities provided by the Government and as required for the work to be performed under this Contract:
electricity, fresh water, sewage service, and non-hazardous refuse collection (from existing collection points). Disposal of equipment and construction debris is the responsibility of the
Contractor.
e. The Contractor shall not place any debris, used containers, or any garbage into Government-owned dumpsters. Disposal shall follow all Federal, State, Local and Environmental regulations.
Under no circumstances shall any items be disposed of on government property as per VAIPHCS policy.
RECORDS MANAGEMENT
A. Applicability
This clause applies to all Contractors whose employees create, work with, or otherwise handle
Federal records, as defined in Section B, regardless of the medium in which the record exists.
B. Definitions
“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal Record: Includes VHA records, does not include personal materials, applies to records created, received, or maintained by Contractors pursuant to their VHA contract, and may include deliverables and documentation associated with deliverables.
C. Requirements
a. Contractor shall comply with all applicable records management laws and regulations, as well as
National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII
Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy
Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
b. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44
U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
c. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for
Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
d. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of
VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C.
2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.
e. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the
[contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with
Paragraph (4).
f. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (subcontractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The
Contractor (and any subcontractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
g. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.
h. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.
i. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
j. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR
52.227-11 through FAR 52.227-20.
k. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.
Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the Contractor.
D. Flow Down of Requirements to Subcontractors
1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBE
R
DESCRIPTION OF
SUPPLIES/SERVIC
ES
QUANTIT
Y
UNI
T UNIT PRICE AMOUNT
1.00 EA ________________
Electrical Distribution System Condition/Arc Flash Study in accordance with Statement of Work
GRAND TOTAL ________________
B.3 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
0001 SHIP TO: See Statement of Work
1.00 See Statement
of Work
FOB: DESTINATION
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)
FAR
Number
Title Date
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED
DOMESTIC CORPORATIONS
NOV 2015
52.222-3 CONVICT LABOR JUN 2003
52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH
DISABILITIES
JUN 2020
52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020
52.222-41 SERVICE CONTRACT LABOR STANDARDS AUG 2018
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL
HIRES
MAY 2014
52.222-50 COMBATING TRAFFICKING IN PERSONS OCT 2025
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2025
52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS
UNDER EXECUTIVE ORDER 14026
JAN 2022
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2022
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW
INFORMATION
MAY 2024
52.227-14 RIGHTS IN DATA—GENERAL MAY 2014
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,
EQUIPMENT, AND VEGETATION
APR 1984
852.203-70 COMMERCIAL ADVERTISING MAY 2018
C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
(a) Definitions. As used in this clause—
American Security Drone Act-covered foreign entity means an entity included on a list that the
Federal Acquisition Security Council (FASC) develops and maintains and publishes in the
System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
https://www.sam.gov
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance
Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of
Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal
Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part
121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export
Control Reform Act of 2018 (50 U.S.C. 4817).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply
Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of
FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of
Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a
DNI FASCSA order.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
Intelligence…
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