36C26320Q0194-001.pdf

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. DUNS: DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 64

438-20-2-1115-0455

36C26320Q0194 01-24-2020

Doug Reed 605-336-3230 x 7844 02-14-2020

11:59pm EST

Sioux Falls Services Team

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

811310

$8 Million

N/A

Sioux Falls VA Health Care System

Sioux Falls VA Health Care System

NETWORK 23 CONTRACTING OFFICE

https://www.fsc.va.gov/einvoice.asp

Financial Services Center

Via The Tungsten Network

Refer to VAAR Clause 852.232-72

See CONTINUATION Page

Generator Load Testing and Maintenance Services in support of Sioux Falls VA Health Care System

Base Year: 04-01-2020 to 03-31-2021

Up to Four (4) Option Years to be Exercised at Government

Discretion

This is a solicitation using FAR Part 13 Simplified

Acquisition Procedures

This is a Total SDVOSB Set-Aside

SDVOSB shall be registered and verified at following at time of offer to the Government:

Vet Biz (https://www.vetbiz.va.gov/)

System for Award Management (https://beta.sam.gov/)

Refer to Section B.2 (Price Schedule) for line items

Refer to Section B.3 (Statment of Work) for scope of work.

Refer to Section E FAR 52.212-1 for instructions to offerors

Refer to Section E FAR 52.212-2 for evaluation factors.

See CONTINUATION Page

438-20-2-1115-0455

438-3600162-1115-854100-2670-0100501X3

X 1

Doug Reed

VA-VHA-SAOC-2016-AC23EC83

36C26320Q0194

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK………………………………………………………………………………………………………

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.4 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE

(JUL 2018)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) [TAILORED]

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT

2018)

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: TBD

b. GOVERNMENT: Contracting Officer 36C263, Doug Reed, douglas.reed3@va.gov

Sioux Falls Services Team

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

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] Monthly

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.

https://www.fsc.va.gov/einvoice.asp

Department of Veterans Affairs

Financial Services Center

Via The Tungsten Network

Refer to VAAR Clause 852.232-72

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Generator Load Testing and Maintenance Services Contract Period: Base POP Begin: 04-01-2020 POP End: 03-31-2021

1.00 LT $5,000 $5,000

Parts for Repairs Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Contactor shall furnish the Technical Point of Contact (TPOC) with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote to the TPOC for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative Contractor shall provide a quote provided to another federal agency for similar item for determination purposes.

Contract Period: Base POP Begin: 04-01-2020 POP End: 03-31-2021

Contract Period: Option 1 POP Begin: 04-01-2021 POP End: 03-31-2022

Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Contactor shall furnish the Technical Point of Contact (TPOC) with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote to the TPOC for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative Contractor shall provide a quote provided to another federal agency for similar item for determination purposes.

Contract Period: Option 1 POP Begin: 04-01-2021 POP End: 03-31-2022

Contract Period: Option 2 POP Begin: 04-01-2022 POP End: 03-31-2023

Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Contactor shall furnish the Technical Point of Contact (TPOC) with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote to the TPOC for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative Contractor shall provide a quote provided to another federal agency for similar item for determination purposes.

Contract Period: Option 2 POP Begin: 04-01-2022 POP End: 03-31-2023

Contract Period: Option 3 POP Begin: 04-01-2023 POP End: 03-31-2024

Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Contactor shall furnish the Technical Point of Contact (TPOC) with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote to the TPOC for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative Contractor shall provide a quote provided to another federal agency for similar item for determination purposes.

Contract Period: Option 3 POP Begin: 04-01-2023 POP End: 03-31-2024

Contract Period: Option 4 POP Begin: 04-01-2024 POP End: 03-31-2025

Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Contactor shall furnish the Technical Point of Contact (TPOC) with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote to the TPOC for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative Contractor shall provide a quote provided to another federal agency for similar item for determination purposes.

Contract Period: Option 4 POP Begin: 04-01-2024 POP End: 03-31-2025

GRAND TOTAL __________________

B.3 STATEMENT OF WORK (SOW)

Generator Load Testing and Maintenance Services to support the Sioux Falls VA Health Care System

General Overview

The Sioux Falls VA Health Care System has a requirement for generator load testing and maintenance services. The contractor shall provide all labor and resources necessary to complete the services as required within this statement of work.

Place of Performance

Services shall be performed on-site at Sioux Falls VA Health Care System, 2501 West 22nd Street, Sioux

Falls, SD 57105.

All work shall be completed during normal work hours from 8:00am to 4:30pm Central Standard Time

(CST), Monday through Friday. The one exception is that the 260 KW generator in Building 11 can be load tested starting at 7:00 AM CST. Set-up of load test equipment can be accomplished starting at 7:00

AM CST. More than one generator may be load tested at a time as long as requirements for proper load testing are completed. A Veterans Affairs (VA) employee will be assigned to accompany the contractor to witness operations.

Period of Performance

This will be a single award Firm Fixed Priced Contract for overall period of performance of 04-01-2020 to

03-31-2025. There will be one (1) base year and up to four (4) option years for this contract:

Year Period Begins Period Ends

Base Year 04-01-2020 03-31-2021

Option Year 1 04-01-2021 03-31-2022

Option Year 2 04-01-2022 03-31-2023

Option Year 3 04-01-2023 03-31-2024

Option Year 4 04-01-2024 03-31-2025

Exercise of option years will be made at Government’s discretion based on continued need for services, Contractor performance, and availability of funds in a given fiscal year.

General Description of Services

This service contract includes five deliverables that involve emergency generator load testing, fuel sampling and testing in the underground storage tanks, oil changes, maintenance services, and battery replacement services.

Deliverable One: Load Testing

a. The contractor shall provide all materials, labor, and equipment required to load test generators at the Sioux Falls VA Health Care System.

b. Load testing shall be in accordance with National Fire Protection Association (NFPA) 110 Standard for Emergency and Standby Power Systems 2013 Edition and comply with Joint Commission standards EC02.05.07. Both documents and/or links to documents can be provided upon request to Technical Point of Contact (TPOC).

c. Generators to be tested are shown in the table below.

I. The three generators in Building 50 are wired in parallel. The contractor shall take each generator off line and test them separately.

II. Any deficiencies shall be brought to the attention of the VA TPOC.

III. A detailed written report will be required for each generator noting the pertinent information such as manufacturer, model, serial number, and test results with all deficiencies noted.

IV. The following shall be recorded as part of, but not limited to, the emergency generator load tests:

1. Hour meter reading – before and after the generator test

2. Time delay in start – at occurrence

3. Cranking time – at occurrence

4. AC volts – initially, every fifteen minutes during, and at conclusion of test

5. Hz – initially, every fifteen minutes during, and at conclusion of test

6. AC amps – initially, every fifteen minutes during, and at conclusion of test

7. Oil pressure – initially, every fifteen minutes during, and at conclusion of test

8. Water temperature – initially, every fifteen minutes during, and at conclusion of test

9. Battery charge rate – initially, every fifteen minutes during, and at conclusion of test

10. Time delay in generator shutdown (cool down time) – at occurrence

V. NFPA 110 Section 8.4.2.3 Requirement** - Diesel-powered EPS installations that do not meet the requirements of 8.4.2 shall be exercised monthly with the available EPSS load and shall be exercised annually with supplemental loads at not less than 50 percent of the EPS nameplate kW rating for 30 continuous minutes and at not less than 75 percent of the EPS nameplate kW rating for 1 continuous hour for a total test duration of not less than 1.5 continuous hours.

**Reference the entire latest NFPA 110 standard for all applicable testing requirements.

VI. The load testing services shall be performed annually; once per each year period of performance as defined by Section 2 above.

d. The services shall be performed as noted in the table below.

• Annual testing shall include load banking the generators identified per EC 02.05.07 EP6

& NFPA 110 (8.4.2.3) at 50% load for 30 minutes minimum and 75% load at 60 minutes minimum.

• Three year testing shall be completed during Option Year 1 and Option Year 4 and shall meet NFPA 110 (8.4.9.7) and EC 02.05.07 EP9. Testing shall be at 30% load for 4 hours

LOAD TESTING - GENERATORS

LOCATION/BUILDING

(BLDG)

MAKE MODEL SERIAL # KW SCHEDULE OF

ANNUAL TESTING

PER NFPA 110

(8.4.2.3)

1-1/2 HR Test

SCHEDULE OF

THREE-YEAR

TESTING PER

NFPA 110

(8.4.9.7)

4 HR Test

Bldg 5, Rm. B66 CAT SR-4 23201111 655kw Base

Option Year 2

Option Year 3

Option Year 1

Option Year 4

Bldg 11 CAT SR-4 90U0993 260kw Base

Option Year 2

Option Year 3

Option Year 1

Option Year 4

Bldg 28 ONAN 40DGAE 553141078 40kw Base

Option Year 2

Option Year 3

Option Year 1

Option Year 4

Bldg 50 CAT LC7 G7A02567 600kw Base

Option Year 2

Option Year 3

Option Year 1

Option Year 4

Bldg 50 CAT LC7 G7A02566 600kw Base

Option Year 2

Option Year 3

Option Year 1

Option Year 4

Bldg 50 CAT LC7 G7A03359 600kw Base

Option Year 2

Option Year 3

Option Year 1

Option Year 4

e. The Campus 2000Kw Cat 3516 will not need annual load bank testing services.

Deliverable Two: Fuel Sample and Testing

a. The contractor shall provide all materials, labor, and equipment required to sample and test fuel from all underground generator fuel storage tanks and one fuel oil storage tank for the Boiler Plant.

b. Tanks to be tested are listed below.

FUEL SAMPLE AND TESTING – STORAGE TANKS

LOCATION TANK NAME SIZE (GALLONS) Frequency of Test

Bldg. 5 5T1 4000 Gallons Annually

Bldg. 50 50T1 10000 Gallons Annually

Bldg. 28 28T1 1000 Gallons Annually

Bldg. 28 28T2 4000 Gallons Annually

Bldg. 11 11T1 30000 Gallons Annually

Bldg. 11 11T2 3000 Gallons Annually

c. The contractor shall test fuels to the definitions and standards in Attachment 1 (South Dakota [SD]

Department of Environmental and Natural Resources Minor Air Quality Operating [MAQOP]

Permit 28-0104-01).

d. A detailed written report shall be submitted for each fuel tank noting results of the fuel testing and recommended solutions.

e. The fuel testing services shall be performed annually; once per each year period of performance as defined by Section 2 above.

f. The contractor shall complete 30 minutes of agitation of each fuel tank prior to sampling.

g. The day tank fuel filter for each generator in Deliverable Three.

Deliverable Three: Oil Changes

a. The contractor shall provide all materials, labor and equipment required to change the oil in the generators as noted below. All oil changing procedures shall be per the manufacture’s recommendations.

1. The oil changing services shall be performed annually; once per each year period of performance as defined by section above.

2. Replace fuel filters and water separator annually.

Deliverable Four: Maintenance Services

a. The contractor shall troubleshoot, provide parts, labor, and other resources required to accomplish the maintenance services.

b. The contractor shall perform maintenance services on the following generators. The maintenance will be done in conjunction with the load testing services for the generators.

c. Maintenance items for the emergency generators include the following service requirements.

The maintenance services shall be performed on all generators noted in the table titled

“Maintenance Services-Generators.”

1) Cooling System (Performed Annual)

i. Coolant level – Annual

ii. Antifreeze protection level – Annual

iii. Replace coolant/antifreeze – 4th option year only for each generator listed in Deliverable 3.

iv. Check for adequate cooling obstructed radiator inside and out

v. Check fan belts; Contractor shall price matched sets if requiring replacement and provide market research quote to VA for consideration.

vi. Check water pump and all hoses and report to engineering anticipated serviceable life remaining.

vii. Block heater operation – Confirm operational for each generator.

viii. Clean duct work and louvers at each of the generators listed in Deliverable 3.

ix. Check operation of louver motors and controls. Operate each actuator full open and full closed to confirm proper cycling.

MAINTENANCE SERVICES - GENERATORS

LOCATION MAKE MODEL SERIAL # KW

Bldg 5 Rm. B66 CAT SR-4 23201111 655kw

Campus CAT 3516 SRA4Z00157 2000kw

Bldg 11 CAT SR-4 90U0993 260kw

Bldg 28 ONAN 40DGAE 553141078 40kw

Bldg 50 CAT LC7 G7A02567 600kw

Bldg 50 CAT LC7 G7A02566 600kw

Bldg 50 CAT LC7 G7A03359 600kw

d. The Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer. Parts may be repaired or replaced, as the contractor deems appropriate, so long as amount listed in CLINs cited in Price Schedule are not exceeded. No used parts will be used to repair this equipment. For parts within not to exceed price, Contractor shall furnish the Technical Point of Contact (TPOC) with a written estimate of the cost to make necessary repairs and TPOC shall provide written approval. For parts exceeding the amount listed in CLINs for base and each option year, a bilateral contract modification will need to be executed by the Contracting Officer (CO). For this modification, Contractor shall also provide a comparison quote to the TPOC and CO for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative, Contractor shall provide a quote provided to another federal agency for similar item for determination purposes.

e. Any work outside of the services listed within this statement of work must not be completed unless approval is provided via bilateral contract modification by CO after CO has coordinated with TPOC.

Deliverable Five: Battery Replacement Services

1. Battery replacement services shall be performed during Option Year 1 for all generators listing in the table titled, “Battery Replacement – Generators” and “Generator Controls/Switch Gear Batteries”.

2. Battery replacement shall be of the same quality, type, and size as the current (existing) batteries, or approved equal by the VA TPOC. Ensure batteries are maintenance free. Maintenance free label must be included on batteries. If existing batteries are not marked maintenance free replace with maintenance free when replacement is needed.

3. The contractor shall perform battery replacement services on the following generators.

BATTERY REPLACEMENT – GENERATORS

LOCATION MAKE GEN SERIAL BATTERY SERIAL BATTERY SIZE QUANTITY

(EACH)

Bldg 5 Rm. B66 CAT 23201111 Cat sn1014000 12V (1400 CCA) 2

Campus CAT SRA4Z00157 Cat sn1014000 12V (1400 CCA) 4

Bldg 11 CAT 90U0993 Cat sn1014000 12V (1400 CCA) 2

Bldg 28 ONAN 553141078 Cat 9X9730 12V (1300 CCA) 1

Bldg 50 CAT G7A02567 Cat sn1014000 12V (1400 CCA) 2

Bldg 50 CAT G7A02566 Cat sn1014000 12V (1400 CCA) 2

Bldg 50 CAT G7A03359 Cat sn1014000 12V (1400 CCA) 2

Safety Requirements

a. The contractor shall be responsible for providing barricades and barrier tape, as required, to control unauthorized entry to the work areas, as well as maintaining a safe working area adjacent to the actual work area.

b. The contractor shall comply with VA and U.S. Occupational Safety & Health Administration (OSHA) safety and security measures, the lock- out-tag-out program, and special work permits. The contractor is also required to coordinate with the TPOC to gain access to the specific work areas

General Requirements

It shall be understood that, throughout performance of the contract, the Contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property.

Among all other requirements, the VA Health Care System and its property is now entirely smoke-free.

Contractor and their personnel shall follow all U.S. Department of Veterans Affairs (VA) policies, standard operating procedures, applicable laws, and applicable regulations while on VA property.

Violations of this may result in citation and disciplinary measures for persons violating the law.

Contractor and their personnel shall wear visible identification at all times while they are on premises.

VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas.

VA shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

Possession of weapons is prohibited.

Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

Limitations on Subcontracting

By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for Services, it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded.

An independent contractor shall be considered a subcontractor. “Similarly Situated” means that entity subcontracted to is same type of entity as the Prime Contractor (i.e., SDVOSB subcontracts to SDVOSB, small business subcontracts to small business).

Service Contract Labor Standards Requirement

Contractor shall provide hourly wages in accordance with U.S. Department of Labor (USDOL) Wage

Determinations and FAR Subpart 22.10 (Service Contract Labor Standards); USDOL Wage Determinations are attached in Section D below as Attachment 2 and updated versions will be attached as part of option year exercises as applicable.

For guidance on Service Contract Labor Standards and to find the nearest USDOL resource, please refer to https://www.dol.gov/whd/local/index.htm.

Invoicing Submissions

In addition to regulations set forth in FAR 52.212-4 (Contract Terms and Conditions – Commercial Items)

(g) “Invoice” and VAAR 852.232-72 (Electronic Submission of Payment Requests), Contractor shall submit final invoice on any services performed no later than 30 days after end of the period of performance of contract. This ensures that closeout of contracts is in compliance with FAR 4.804-1(b).

Documenting Performance

The Government shall document positive and/or negative performance. Any report may become a part of the supporting documentation for any contractual action and preparing annual past performance using the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov.

If contractor performance is not satisfactory, the CO shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case, the CO shall document the discussion and place it in the contract file. When the TPOC and the CO determines formal written communication is required, the TPOC shall prepare a Contract Discrepancy Report (CDR), and present it to CO. The CO will in turn review and will present to the contractor's program manager for corrective action.

The contractor shall acknowledge receipt of the CDR in writing within one (1) business day of receipt.

The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the CO. The

Government shall review the contractor's corrective action plan to determine acceptability. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance and the acceptability of the Contractor’s corrective action plan. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

https://www.dol.gov/whd/local/index.htm https://www.cpars.gov/

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other

Than System for Award Management), or applicable agency procedures.

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

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41

U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the

Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the

Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the

Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the

Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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):

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

FAR Number Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

DEC 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

Government to an extension.

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

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

C.4 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

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

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

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

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

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The

Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable

Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans

Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2019) (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 802.101, 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 verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and

125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR

121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(2) “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).

(https:/www.vip.vetbiz.va.gov)

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns.

Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible

SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C.

8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, 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…