36C26320Q0415-001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

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 82

636-20-4-9071-1326

36C26320Q0415

6. SOLICITATION ISSUE DATE

4-24-2020

Doug Reed 605-336-3230 x 7844 05-22-2020

50310

Sioux Falls Services Team

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

541330

$16.5 Million

N/A

X

Department of Veterans Affairs

VA Central Iowa Health Care System

3600 30th Street

Des Moines IA 50310

Sioux Falls Services Team

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105 https://www.fsc.va.gov/einvoice.asp

Department of Veterans Affairs

VA Financial Services Center

Via The Tungsten Network

Refer to VAAR Clause 852.232-72

See CONTINUATION Page

Electrical Equipment Testing in support of VA Central Iowa

Health Care System, Des Moines, IA.

Period of Performance: 08-01-2020 to 09-30-2020.

This is solicitation using FAR Part 13 Simplified

Acquisition Procedures

Offerors shall be active and verified at following at time of offer to the Government:

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

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

Refer to B.2 (Price/Cost Schedule) for line item

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

Refer to C, Addendum to FAR 52.212-1, for instructions for offer submittal

Refer to C, FAR 52.212-2, for evaluation factors of solicitation

Service Contract Labor Standards are applicable to this solicitation; please refer to D for USDOL Wage Determination

See CONTINUATION Page

636-20-4-9071-1326

636-3600162-9071-851100-2548-030050192

X X

X 1

Doug Reed

VA-VHA-SAOC-2016-AC23EC83

36C26320Q0410

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK (SOW)…………………………………………………………5

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

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE

(JUL 2018)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020)

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 (DEC 2019)

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

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

2019)

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] Upon completion of and Government acceptance of service

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

VA 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/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Maintenance, inspection, testing, and/or calibration of the Electrical Power Distribution System and all of its components in support of VA Central Iowa Health Care System Period of Performance: 08-01-2020 to 09-30-2020

GRAND TOTAL __________________

B.3 STATEMENT OF WORK (SOW)

Electrical Equipment Testing in support of the VA Central Iowa Health Care System

General Overview

1. Introduction:

A. This Statement of Work (SOW) describes the requirements for the maintenance, inspection, testing, and/or calibration of the Electrical Power Distribution System and all its components at the Des Moines, IA VA Medical Center, VA Central Iowa Health Care System. These work items are referenced as “Maintenance and Testing” in this document, hereafter.

B. This SOW describes the requirements for the Qualified Electrical Contract Professionals – known as “Contractors” in this document, hereafter. Contractors who are contracted by VA Medical Center to perform maintenance and testing of the Electrical Power Distribution System, and all its components shall meet all requirements stated in Section 2 of this SOW.

C. This SOW describes the requirements to establish maintenance and testing reports.

2. Qualifications of Contractors:

A. Contractors shall be experienced and certified Electrical Contractors, having properly trained and licensed permanent staff required to perform the proposed work. Electrical Contracting (i.e. the construction, repair, testing and maintenance of industrial and commercial electrical distribution systems) shall be the primary interest/specialty of the Contractor’s business.

B. Contractors shall be certified by the National Electrical Testing Association (NETA) as Certified Technicians. Crew leader shall hold a current level III certification or higher in electrical testing. The Contractor shall have a crew leader that has successfully completed the Occupational Safety and Health Administration (OSHA) approved 30-hour construction safety training present during the performance of all work. All subordinate technicians and electricians shall have completed the Occupational Safety & Health Administration (OSHA) approved 10-hour construction safety training. Proof of the 30 hour and 10-hour OSHA construction safety training will be provided prior to performing any tasks included in this contract.

C. Contractors and employees assigned to perform these tasks shall have technical training and demonstrable track records of working experience in maintenance, inspection, and testing of all the Electrical Power Distribution Systems and related components listed in this contract, healthcare, industrial, educational, and commercial facilities for a minimum of five

(5) continuous years.

D. Contractors shall have safety trainings – either on-the-job or class-room type - in electrical safety outlined in the OSHA Standard 29 Code of Federal Regulations (CFR) 1910 Subpart S – Electrical, and the NFPA 70E – Standard for Electrical Safety in the Workplace. Training certification shall be provided indicating each technician is a Qualified Person as defined by NFPA 70E. Training certifications shall be submitted to the VA Contracting Officer prior to work. If no training certifications are available, the contractor’s Employer shall certify that he/she has met this requirement in writing and submit it to the VA Technical Representative (VATR) prior to work.

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

1) NFPA 70, National Electrical Code.

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

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

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

5) VHA Directive 1028 Electrical Power Distribution System.

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

7) National Electrical Testing Association, Inc. (NETA) – Maintenance and Testing

Specifications.

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

9) Manufacturer’s specifications for all the equipment listed.

F. Contractors shall have and provide all necessary tools, equipment, and Personal Protective

Equipment (PPE) to perform the work safely, effectively, and timely. Tools, equipment, and PPE shall comply with the requirements of OSHA Standard 29 CFR 1910, Subpart I, and NFPA 70E. Prior to initiating work, Contractor shall provide documentation that all instruments, test equipment, tools and PPE have current calibration. Dated calibration labels shall be visible on all instruments, test equipment, tools and PPE as appropriate.

Place of Performance

Work is to be performed at the Des Moines, IA VA Medical Center, VA Central Iowa Health Care System located at 3600 30th Street Des Moines, Iowa 50310.

Period of Performance

Period of Performance runs 08-01-2020 to 09-30-2020; all services shall be completed by 09-30-2020.

VATR

Work is to be coordinated with Tony Marconi, the Maintenance Supervisor and VATR at office phone 515-699-5447 and e-mail tony.marconijr@va.gov.

Hours of Operation

Much of the work will need to be completed after the normal hours of 8:00am to 4:30pm Central Standard Time (CST) and during weekend hours.

Scope of Work

1. Items to be cleaned, inspected, and tested are listed on “Equipment List” below. Equipment to be serviced is located throughout the campus. Site plan will be provided by VATR upon award. Work items, definitions, and references shall comply with the latest edition of the NETA – Maintenance Testing Specifications. Work performed will follow the latest ANSI/NETA inspection and testing procedures. Contractor must also follow the latest edition of the VHA Directive 1028. Preferred method for testing circuit breakers 250 Amps and larger is secondary injection through electronic test port. Oil sampling and testing for 14 medium voltage liquid filled transformers shall also be included as part of this service. Additionally, part of our substation maintenance requires battery replacement.

2. The Contractor shall provide a proposed schedule within one (1) month of the work start date. The schedule shall be in the form of a progress chart of suitable scale to indicate the work scheduled for completion by any given date during the work period. The proposed schedule shall be reviewed by the VATR and their designees; any requirements for adjusting the schedule (e.g. to minimize disruption to the VAMC) shall be incorporated by the Contractor.

3. Contractors shall report deficiencies that are deemed critical or catastrophic immediately via phone call and e-mail to the VATR and Chief of Engineering Service for immediate actions.

4. Work items, definitions, and references shall comply with the latest edition of the NETA – Maintenance Testing Specifications (MTS) and with the VHA Directive, Electrical Power Distribution System. The VHA Directive, Electrical Power Distribution will be provided to Contractor upon award by VATR and/or VATR designees.

5. Government will furnish the following upon award:

a. Inventory of Electrical Power Distribution System equipment to be maintained, inspected, and tested under this Scope of Work.

b. One-line and other informational drawings of the Electrical Power Distribution System. These drawings are not certified as-built drawings and should only be used as a reference.

mailto:tony.marconijr@va.gov

6. Infra-Red Scanning/Thermographic Survey shall be performed on electrical equipment before and after inspection, testing and cleaning.

a. Use an infra-red scanning camera to detect hot spots in the Electrical Power Distribution

System. Objective of this work is to detect any loose, broken, or corroded connections in the system. Problem connections shall be replaced with new connectors, and/or tightened with torque wrench to meet the equipment manufacturers’ specifications. Infra-red follow-up testing will be performed, to identify continued issues that will need to be repaired. The contractor will attempt to correct issues found during the follow-up infra-red scanning. If repair attempts do not correct the issue, the contractor will be expected to document the issue in the report with recommendations. Before and after Infra-red scans will be provided in the final report

7. System Function Tests - Provide function test for all equipment listed in this Scope of Work.

Reports and Deliverables

A. The Contractor will provide to the VA a complete written report of the work performed and shall include following:

1) Company’s name, addresses, telephone, & FAX numbers.

2) Name and signature of contractors who perform the maintenance and testing.

3) VA Work Contract Number, name and number of VA Contracting Officer.

4) Date and Time of work.

5) Copies of contractors’ valid licenses, professional and training certificates.

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

7) Location, Type, Name, and nameplate information of electrical equipment to be maintained and tested.

8) Descriptions of work items.

9) Test data.

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

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

12) Recommended corrective actions, if any.

B. Submit four (4) hard copies of the complete written report to VATR within seven (7) calendar days of visit.

C. Submit four (4) hard copies of the complete written report, and one (1) CD-ROM or DVD of the electronic version of the report in Microsoft Word format to the Chief of Engineering Service within seven (7) calendar days of visit. All reference materials shall be included in the electronic version of the report, either through scanning or other means of electronic text import methods.

D. Contractor shall report all deficiencies that are deemed critical or catastrophic immediately to the

VATR,, Chief of Engineering Service, and the Chief of Maintenance and Operations for immediate actions.

Equipment List

Below is a list of equipment that shall be inspected, tested and maintained.

1. 2 main 15 KV Square –D switches (Substation)

2. 14 medium voltage liquid/oil filled 13200-480 and 13200-208 volts.

3. Switches, Air, Medium-Voltage, Metal-Enclosed.

4. Circuit Breakers, Air, Insulated-Case/ Molded-Case.

5. Circuit Breakers, Air, Low-Voltage Power.

6. Circuit Breakers, Air, Medium-Voltage.

7. Protective Relays, Mechanical, and Solid State.

8. Grounding Systems.

9. Ground-fault Protection Systems.

Equipment Breakdown

Transformer T1-1 500 KVA Pauwels Serial # 05J136992 13.2KV/208-120v, 1600 Amp Secondary Breaker, Oil Filled, NE corner of MRI bldg.

Transformer T1-2 500 KVA Pauwels Serial # 05J136993 13.2KV/480-277V, 800 Amp Secondary Breaker, Oil Filled, NE corner of MRI bldg.

Transformer T4-1 500 KVA Pauwels Serial # 05J136991 13.2KV/208-120V, Oil Filled, SW corner of building 4

Transformer T3-1 500 KVA CUTLRHAMR Serial#10JC519880001 13.2KV/208-120V, Oil Filled, NW corner of building 3

Transformer T1W-1 750 KVA SQUARE D Serial#22623464-014-01 13.2KV/208-120V, 2500 Amp Secondary Breaker, Oil Filled, SW corner of building 1W.

Transformer T1W-2 1500 KVA SQUARE D Serial#22623464-015-01 13.2KV/480-277V, 2250 Amp Secondary Breaker, Oil Filled, SW corner of building 1W.

Transformer T1W-3 1500 KVA SQUARE D Serial#22623464-016-01 13.2KV/480-277V, Oil Filled, South of building 2

Transformer T5-1 300 KVA SQUARE D Serial#22623464-017-01 13.2KV/480-277V, 400AMP Secondary Breaker, Oil Filled, North of Building 5

Transformer T6M-1 300 KVA SQUARE D Serial#25262335-001-01 13.2KV/208-120v. Oil Filled, South of Building 6M

Transformer T7M-1 300 KVA SQUARE D Serial#25487463-001-01 13.2KV/208-120V, 1000Amp Secondary Breaker, Oil Filled, West of Building 7M

Transformer T12-1 1000 KVA SQUARE D Serial#22623464-018-01 13.2KV/480-277V, South of building 12

Transformer T13-1 300 KVA SQUARE D Serial#22623464-019-01 13.2KV/480-277V, Near Building 13 NW Corner

Transformer TE-1 2500 KVA SQUARE D Serial#23850323-001-01 480V/13.2KV, Oil Filled, Step up, Near Emergency Generator # 1 NE corner

Transformer TE-2 2500 KVA SQUARE D Serial#23850323-002-01 13.2KV/480V, Oil Filled, Step Down, Near building 4 smoke shack. NE corner

BLDG. 35 15 KVA METAL CLAD SWITCHGEAR SQUARE-D

Feeder # 1 600Amp Load break Switch

Feeder # 2 600Amp Load break Switch

600 Amp Main Load break Switch

208V-120V Square-D Distribution Panel

I - Line Panelboard, Square-D 100 Amp Main Breaker, (DC VOLTS)

96 Each VARTA, RM 24 1.2 Volt Batteries

BLDG. 36 15KVA METAL CLAD SWITCHGEAR SQUARE-D

Feeder # 1 600Amp Load break Switch

Feeder # 2 600Amp Load break Switch

Feeder # 3 600Amp Load break Switch

600 Amp Main Load Break Switch

208V-120V Square-D Distribution Panel

I - Line Panelboard, Square-D 100 Amp Main Breaker, (DC VOLTS)

96 Each VARTA, RM 24 1.2 Volt Batteries

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).

Gray Market Prevention Language

a. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a services contract for maintenance of medical equipment for VA Health Care Systems. No remanufactures or gray market items will be acceptable.

b. The Contractor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed medical supplies, medical equipment, and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM.

All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

c. The delivery of gray market items to the VA in the fulfillment of an order/award/contract constitutes a breach of contract. Accordingly, VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at VA’s election, allowing the Contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA Health Care System upon discovery of such items.

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.

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).

Kickoff Meeting

Upon award of contract, Contractor shall schedule kickoff meeting with VATR and any VATR designees whereby technical aspects of this service will be discussed. Contractor shall provide minutes of meeting within five (5) business days after meeting takes place to VATR and any VATR designees.

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.

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

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

DEC 2013

C.3 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.

C.4 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.

(End of Clause)

C.5 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.6 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).

(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 programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

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

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not

VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR

121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than

85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed

SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA…