36C26325Q0796.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. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26325Q0796 05-23-2025

Robert Bennett 319-339-7079 06-06-2025

4:00 PM CDT

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241 Robert Bennett robert.bennett8@va.gov

X 100

X

811210

$34 Million

N/A

X

36C568

Department of Veterans Affairs Black Hills VA Health Care System

113 Comanche Road Fort Meade SD 57741

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

This solicitation is to provide service to the Black HIlls VA Health Care System

See attached Statement of Work Generator Maintenance Service

Before quote submission, review ALL solicitation documents.

Review and follow INSTRUCTIONS TO OFFERORS in Section E.2 52.212-1 Addendum. See also E.9 52.212-2 EVALUATION -

SIMPLIFIED ACQUISITION PROCEDURES.

Email ALL required and completed documents to:

Robert Bennett at robert.bennett8@va.gov

Submit questions via email by 5/30/25 at 4:00 PM. Reponse to questions will be posted as an amendment.

Submit quotes via email by 6/6/25 at 4:00 PM.

This is a total SDVOSB set-aside.

See CONTINUATION Page

X X

X 1

Traci Johannes Contracting Officer

36C26325Q0796

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

ADDENDUM TO 52.217-8 EVALUATION OF OPTION TO EXTEND

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...28

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..35

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment: C03 - DOL WD 2015-5367 Rev 27 Dated 12-23-2024

SECTION E - SOLICITATION PROVISIONS

E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.212-2 EVALUATION—SIMPLIFIED ACQUISITION PROCEDURES

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

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 in arrears

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

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 YR _______________

Generator PMs and load-banking Contract Period: Base POP Begin: 08-31-2025 POP End: 08-30-2026 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution Equipment

LOCAL STOCK NUMBER: LB1

Generator PMs and load-banking Contract Period: Option 1 POP Begin: 08-31-2026 POP End: 08-30-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power

Generator PMs and load-banking Contract Period: Option 2 POP Begin: 08-31-2027 POP End: 08-30-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power

Generator PMs and load-banking Contract Period: Option 3 POP Begin: 08-31-2028 POP End: 08-30-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power

Generator PMs and load-banking Contract Period: Option 4 POP Begin: 08-31-2029 POP End: 08-30-2030 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power

GRAND TOTAL _______________

B.3 STATEMENT OF WORK

Fort Meade VAMC

Generator Maintenance Service

1. INTRODUCTION

The Department of Veterans Affairs, Fort Meade has a requirement for Generator Load Testing and Maintenance Services. Contractor shall provide all labor and resources necessary to complete the services as required within this performance work statement.

Maintenance, inspection, testing, and calibration of the Emergency and Standby Power System Services and all its components located at the 113 Comanche Rd. Fort Meade, South Dakota, 57741 and located at 500 N 5th St. Hot Spring South Dakota 57747.

The Fort Meade campus has a 12470-volt primary system that includes various secondary voltages and both normal and emergency power sources. The requirements are for the Qualified Electrical Contract Professionals – known as “Contractors” in this document, hereafter.

These work items are referenced as “Maintenance and Testing” in this document, hereafter. For clarification purposes the Contracting Officer known as “CO” in this document and the Contracting Officer’s Representative known as “COR” hereafter.

Generators Engines

Manufactur er

ID#

S/N

KW –

Voltage

Manufacturer

ID#

S/N

Gen Bldg Bldg load served

Cummins

DQCB-

1641706

K160128689

750KW/480

V Cummins

QSK23G

85002334

Bldg – 113

FM

Cummins/

ONAN

DSGAB-

1321187

B130456362

125KW/480 Cummins

QSB7-

G5NR3

73494119

Bldg –148

FM

Cummins

/ONAN

DSGAA-

1321189

B130456362

100KW/208

V Cummin s

QSB7-

G5NR3

73493506

Bldg –137

FM

Cummins

DQDAA-

1660802

L160128689

250KW/480

V Cummins

QSL9-G7

74068824 Bldg – 145

FM

Cummins

DSKCA-

193329

L090070761

16.8KW/240

V

Bldg. –T-296

DMH

200CL3

94-45-74-1

165KW/277

V/480V

LTA-

3477406 Bldg –160

FM

Marathon

573RSL403

MT-0132187-

480V Maratho n

MTU

10V1600

95010501432

Bldg – 10

HS

2. AUTHORITY

NFPA 110, Standard for Emergency and Standby Power Systems. NFPA 70, National Electrical Code

3. SCOPE OF WORK

The contractor shall provide all materials, labor, and equipment required to load test generators at the Fort Meade and Hot Springs campuses. Load testing shall be in accordance with the most current NFPA 110 Standard for Emergency and Standby Power Systems, current publication is 2013 Edition.

The EPS is by NFPA definition a source of electric power of the required capacity and quality for an emergency power supply system (EPSS). Fort Meade VAMC EPS consists of seventeen emergency generator systems listed below. The system shall be tested annually in October of each contract year.

*Non-emergency

4. GENERAL REQUIRMENTS

a. .Contractor shall provide all supervision, labor, materials, equipment, and incidentals necessary to accomplish work elements and requirements outlined in this Statement of Work (SOW). Inspection reports from attachments A & B to be used to record all PMs, load banks, megger readings will be presented to facilities POC’s within 30 days of service.

b. Contract POC’s for scheduling work and coordination are as follows:

Fort Meade VAMC: Operations Supervisor, Phone: 605-720-7134

Generac

433RSL402

LM-239579-

208V Genera c

OA8829

8DC9-

446846

Bldg –12

ONAN

230DFAB

A980673745 230KW ONAN

LTA10-

G1

12079

Bldg.-18

HS

Cummins

125DSGA

B

125KW Cummins QSB7-G5

NR3

Bldg.-66

*Marathon

1020FDH1242

WA-6003864-

2000KW/1

2470V

Marathon

CD2000SX6T

179811- 1-1-1108

Bldg.-155

Hot Springs VAMC: Maintenance Supervisor, Phone 605-745-2268

c. All work will be completed in with coordination of the POC, with preferred visits spring and fall. With all of work being scheduled at a minimum 7 days in advance of planned work to minimize disruption to the facility.

d. Contractor shall read, sign, and date the TMS Training 20939, for each employee on site, and send to the COR prior to the start of work.

e. Annual Load Bank Testing included in Attachment A will be accomplished in accordance with NFPA 110 (99) Sec 6-4.2.2. The testing shall be documented, and supplemental loads included at 25 percent of the name plate rating for 30 minutes. Followed by 50 percent of the nameplate rating for 30 minutes. Followed by 75 percent for 1 hour. All emergency generators will be load-bank tested annually. The Main station generator will be load-bank tested every other year starting with base year of the contract. This work may need to be partly outside of standard VA business hours to minimize patient impact.

f. Supplies, fluid testing, filters, fluids (for top off for the semi-annual PMs) will be supplied by the contractor. Contractor is to diagnose other or larger problems and present quote to the POC for approval, before additional work is conducted. Smaller repairs (Belts, hoses, batteries, leak repair), with approval from POC, can be conducted with Credit Card payment from POC.

g. Fluid testing (fuel, oil, and antifreeze) will need to be conducted by 3rd party tester semi-annually. And reports presented to POC within 30 days of service.

h. Contractor should provide priority for repairs to the BHHCS VA Emergency Generators and ATS Switches. Contractor will provide consolidated invoicing that can be billed monthly or quarterly as one amount. With detail invoicing is still required.

National Archives and Records Administration (NARA) - Records Management Obligations Requirements:

1) In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

2) In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

3) The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

4) The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

5) The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

5. All inspection, evaluation and testing service must be scheduled in advance as far as possible and in agreement with the COR.

6. Contractor must notify the COR prior to testing any generator set or alarm devices unless a member of the electrical section is witnessing the test and is physically present at the testing site.

7. Repairs

Any necessary repair/replacement parts or services created by testing of the equipment as part of this contract will be furnished/paid for by the [ ] and these repairs will be completed on an emergency basis under a separate CLIN in the contract. This designation will require the contractor to stand down during repairs and to continue testing as soon as practical after the repairs have been made. During the time that the generator remains out of service, the contractor will be required to connect and maintain their standby/backup generator and associated automatic connection equipment, as provided in section 4.1 of this contract. The backup emergency generators will need to provide service until all emergency repairs have been completed and the successful load bank testing procedures have reached a satisfactory conclusion. The contractor’s responsibility for additional rental outlays due to this requirement shall be limited to standby service. Note: Additional rental, run time, fuel cost, and connection time outlays, if required, shall be negotiated or coordinated with the Contracting Officer as needed based on the cost per hour run timeline item identified in the awarded contract, and cost per day for a connected generator should the need arise.

a. Minor repairs shall include but not be limited to such items as loose bolts, lose or broken lugs, wiring terminals, heaters, malfunctioning targets, dirty/high resistance connections, etc.

and shall be corrected on site during testing if possible.

b. Non-Emergency Repairs: The COR can authorize requests for repairs if they are submitted in writing and do not exceed $3,000. All requests for repairs shall be in writing with a detailed explanation, cost of parts, labor and all associated costs to complete repair.

c. Any repair that exceeds $3,000 shall require Contracting Officer Approval. The contractor shall submit their request for repair to the CO and COR. Included shall be a detailed explanation and breakdown of costs.

d. Emergency Repairs

The contractor may be requested to perform emergency repair work in the event that a circuit cannot be energized after inspection and maintenance have been accomplished. Any item found to be out of tolerance, or in any other way defective as a result of the required testing, shall be reported to the Contracting Officer’s Representative (COR) immediately.

e. A Contract Line Item will be established in the schedule as a not to exceed line item for authorized repairs in the amount of $5,000. The CO must be notified prior to that amount being exceeded. If that amount is exceeded and the CO is not notified, payment will not be made. The COR may authorize an emergency repair for an emergency that occurs outside of normal working hours 7:00 am -4:30 pm, Monday- Friday. The COR shall notify the CO and submit, in writing, the circumstances surround the emergency the next business day.

The contractor shall submit a detailed breakdown of all costs to the COR and the CO within 24 hours, to include a detailed breakdown of labor, by category to include the number of estimated hours. All parts shall be listed and priced individually.

8. COORDINATION

a. The contractor shall be responsible for coordinating any necessary utility system shutdowns and returning these systems to an operational mode. In addition, the contractor must notify VA Facilities Management Service COR before any systems are shut down and when these systems are put back into full service.

b. The contractor will not be permitted to leave any emergency generator system or component in a non-automatic connected mode or unattended mode during any portion of the testing.

c. Should such non-automatic circumstances exist the contractor must have the approval of the Chief, Facilities Management Service.

d. The contractor shall be responsible for any damage due to negligence to equipment that is created while performing the services required in this contract.

e. Equivalent loads used for testing shall be connected such that they can be automatically replaced with the emergency loads in case of failure of the primary power source.

9. DELIVERABLES

At the completion of the service visit for all equipment, the contractor shall furnish a final written report, via e-mail or standard mail, within ten working days of completion of the testing, inspection and evaluating. Report shall list as a minimum:

Date of Service.

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

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

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

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

Location of system or devices

Type of system or devices

Type of service being performed.

Recommended corrective actions, if any.

Tests completed.

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

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

10. SPECIAL CONTRACT REQUIREMENTS

a. KEY PERSONNEL Key personnel will be identified in the proposal and shall be considered key personnel essential for the successful completion of the work performed under the contract. The contractor agrees that such personnel shall not be removed, diverted, or replaced from the work without prior written approval of the Contracting Officer. The contractor shall submit written notice of proposed personnel changes to the Contracting Officer for approval at least thirty (30) business days in advance.

b. CONTRACTOR EMPLOYEES Contractor shall ensure that their personnel wear company uniforms and a visible identification badge which contains a photograph of the employee. All contractor vehicles and collection bins will be clearly identified with the company’s name.

c. HOLIDAYS/NORMAL WORK HOURS The services covered by this contract shall be furnished by the contractor as defined herein.

The contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off duty hours as described below.

Normal working hours: Monday through Friday, 7:45 a.m. – 4:30 p.m., excluding federal holidays.

The 10 holidays observed by the Federal Government are:

New Year’s Day

President’s Day

Martin Luther King, Jr

Juneteenth Day

Independence Day

Thanksgiving Day

Memorial Day

Labor Day

Columbus Day

Veterans Day

Christmas Day

Any other day specifically declared by the President of the United States to be a federal holiday. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

11. INVOICES

The contractor shall submit payment requests in electronic form via Tungsten.

http://www.tungsten-network.com/US/en/veterans-affairs/

Invoices shall be submitted monthly, in arrears. The following information must be included on all submitted invoices. Invoices submitted without the following information may be rejected for payment.

Purchase Order Number for Correction Period of Performance

Contractor Name Invoice Number

CLIN i.e. Contract Line Item and Amount being billed per line-item Date of Service

Al contractors shall be registered as a vendor with the OB10 e-Invoicing System at time of award.

12. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary.

CONTRACT ADMINISTATION

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity, or quality of performance of this contract.

The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

POINTS OF CONTACT

Contracting Officer:

Department of Veterans Affairs Insert address

Contracting Officer’s Representative (COR):

TBD

13. QASP

The contractor shall be evaluated in accordance with the following QASP. For: [ ] Contract Number: < Upon award, Government shall enter contract number> Contract Description: Generator Load Testing

Contractor’s name: <Enter your company name.> (hereafter referred to as the contractor).

a. PURPOSE

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

What will be monitored

How monitoring will take place.

Who will conduct the monitoring.

How monitoring efforts and results will be documented.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. The primary interest is in the final product/service that the Contractor is providing and not in the details of how the contractor is accomplishing the task. The COR may evaluate work at any time during the Contractor’s work performance. This plan documents the methods to be used for measuring each contract requirement, the scheduling of inspections, and the results of the surveillance program.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

b. GOVERNMENT ROLES AND RESPONSIBILITIES

The following personnel shall oversee and coordinate surveillance activities.

1) Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract.

The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

Assigned CO:

[insert information]

2) Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

Assigned COR: TBD

3) Other Key Government Personnel - <Upon award, Government will enter name, if applicable. This may include Performance Monitors, Clinical Quality experts, etc. who act on behalf of the COR to monitor performance.>

c. CONTRACTOR REPRESENTATIVES

The following employees of the contractor serve as the contractor’s program manager for this contract.

1) Program Manager -

2) Other Contractor Personnel -

d. PERFORMANCE STANDARDS

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Performance Requirements Summary

TASK(S) QUALITY

STANDARD

S

ACCEPTABL

E QUALITY

LEVEL

METHOD OF

SURVEILLAN

CE

INCENTIVES/

DISNCENTIVES

Contractor shall provide qualified employees in accordance with

(IAW)

performance work statement (PWS) section

The contractor shall meet the requirement throughout the period of performance

95% COR direct observation through 100% surveillance

Incentives:

Favorable contactor performance evaluation

Disincentive:

Unfavorable contractor performance evaluation

Contractors shall have and provide all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely IAW PWS

95%

Contractor shall meet the requirements and perform

IAW PWS

section 3

The contractor shall meet the requirement throughout the period of

95% COR direct observation through 100% surveillance

Incentives:

Favorable contactor performance evaluation

Contractor shall meet the report requirements and perform

IAW PWS

section 4

The contractor shall meet the requirement throughout the period of

95% COR direct observation through 100% surveillance

Incentives:

Favorable contactor performance evaluation

Contractor shall meet the equipment requirements and perform

IAW PWS

section 5

The contractor shall meet the requirement throughout the period of

95% COR direct observation through 100% surveillance

Incentives:

Favorable contactor performance evaluation

e. INCENTIVES/DISINCENTIVES

The Government shall use favorable contractor performance evaluations as acknowledgement of positive performance. Performance outcomes shall be based on exceeding, meeting, or not meeting performance standards.

f. METHODS OF QA SURVEILLANCE

Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP.

1) Direct Observation. (Can be performed periodically or through 100% surveillance.)

2) 100% INSPECTION: 100% inspection is a QA method designed to evaluate all outputs of the contract requirement. This method requires a total inspection of Contractor’s performance.

g. RATINGS

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

Positive outcome: No more than 1 incident of not meeting the performance standard during the period of performance

Neutral outcome: No more than 2 incidents of not meeting the performance standard during the period of performance

Negative outcome: More than 3 incidents of not meeting the performance standard during the period of performance.

h. DOCUMENTING PERFORMANCE

1) ACCEPTABLE PERFORMANCE

The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.

2) UNACCEPTABLE PERFORMANCE

When unacceptable performance occurs, the COR shall inform the Contracting Officer (CO).

This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR and the CO shall document the discussion and place it in their respective file.

When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the CO. The CO will in turn review and submit to the contractor's program manager for corrective action.

The contractor shall acknowledge receipt of the CDR in writing. The CDR shall 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 shall also state how long after receipt the contractor has to present this corrective action plan to the

CO and COR. The Government shall review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

i. FREQUENCY OF MEASUREMENT

Frequency of Measurement.

During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.

Frequency of Performance Assessment Meetings.

The COR shall meet with the contractor monthly to assess performance and shall provide a written assessment.

SECTION C - CONTRACT CLAUSES

NOTE: In accordance with Memorandum Class Deviation from the Federal Acquisition Regulation Executive Orders 14173 and 14168 dated 03/20/2025:

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT…