36C26326Q0838.pdf
PDF 760 KB Posted
- Attached to
- H259--Triennial Electrical Equipment Testing CI Federal contract opportunity
- Solicitation number
- 36C26326Q0838
About this file
This is a Request for Quote (RFQ) for electrical equipment testing services at the VA Central Iowa Health Care System facility in Des Moines, Iowa.
The Department of Veterans Affairs, Network Contracting Office 23, seeks qualified electrical contractors to perform preventive maintenance, inspection, and testing on the electrical distribution system and related components throughout the Des Moines VA facility. The work must be completed within four consecutive days (Friday through Monday, 0700-1800 hours) before September 30, 2026, with minimal disruption to hospital operations. The contract is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside using simplified acquisition procedures with Lowest Priced Technically Acceptable (LPTA) evaluation. The total award amount is $12.5 million. Offers are due by July 10, 2026, at 12:00 PM MST and must be submitted electronically to Justin Erdley and Joshua Imdacha.
Contractor qualifications must include: current NETA Level III (or higher) certification for crew leaders; NETA or NICET certification for technicians; OSHA 30-hour training for crew leaders and 10-hour training for subordinate technicians; minimum five years of experience with comparable electrical power distribution systems; and compliance with NFPA 70, 70B, 70E standards and VHA Directive 1028. The scope encompasses testing of 17 medium-voltage liquid-filled transformers, air-insulated switches, circuit breakers, protective relays, and grounding systems, with comprehensive reporting required in Microsoft Word format. Invoices are submitted upon 100% completion and payment is made by electronic funds transfer. The contract incorporates Service Contract Act wage determination WD #2015-4979 (revision 5/13/2026) and various FAR and VAAR clauses addressing security prohibitions, SDVOSB compliance, limitations on subcontracting (50% for services), and commercial items acquisition procedures.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 1. E701 UPDATED 20260219 One Line Drawings.pdf | ||
| 36C26326Q0838 A0002.pdf | ||
| 36C26326Q0838 A0002_1.docx | DOCX document | |
| 2. PROTECTIVE RELAYS PICTURES.pdf | ||
| 36C26326Q0838 A0001.pdf | ||
| 36C26326Q0838 A0001_1.docx | DOCX document | |
| VHA Directive 1028.pdf | ||
| 36C26326Q0838_1.docx | DOCX document | |
| Service Contract Act WD 2015-4979.pdf |
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Text version
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
636-26-4-9073-0058
36C26326Q0838 6/25/2026
Justin Erdley None 7/10/2026
12:00PM MST
36C263
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 23
1303 5TH STREET, SUITE 300
CORALVILLE IA 52241
x
811310
$12.5 Million
N/A
X
VA Central Iowa Health Care System
3600 30TH ST.
DES MOINES IA 50310
NETWORK CONTRACTING OFFICE 23
1303 5TH STREET, SUITE 300
CORALVILLE IA 52241
Y
FINANCIAL SERVICES CENTER
PO BOX 149971
AUSTIN TX 78714-9971
See CONTINUATION Page
Electrical Equipment Testing for the VA-CIHCS.
See sections B.2 & B.3 for details.
This RFQ is:
A total SDVOSB set aside.
Uses Simplified Acquisition Procedures.
LPTA evaluation see 52.212-2.
This RFQ incorporates Service Contract Act wage determination
WD #2015-4979, revision 5/13/2026. A copy is attached.
FOR CONSIDERATION ALL QUESTIONS MUST BE RECEIVED 72 HOURS.
BEFORE DATE STIPULATED IN BLOCK 8 OF THE SF1449 FORM.
EMAIL ALL QUESTIONS AND RESPONSES TO JUSTIN.ERDLEY@VA.GOV AND
JOSHUA.IMDACHA@VA.GOV.
SIGN SF1449 AND RETURN ALL PAGES WITH OFFER SUBMISSION.
ALL OFFERS SHALL BE SUBMITTED ELECTRONICALLY VIA EMAIL TO
JUSTIN.ERDLEY@VA.GOV AND JOSHUA.IMDACHA@VA.GOV.
See CONTINUATION Page
636-3660162-9073-854100-2543-636C67XXX-030050190
x X x 1
Joshua Imdacha
Contracting Officer
36C26326Q0838
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 STATEMENT OF WORK
B.3 PRICE/COST SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT 2025)
C.2 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS
(DEVIATION APR 2026)
C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
D.1 Service Contract Act WD # 2015-4979
D.2 VHA Directive 1028
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023) (DEVIATION OCT 2025)
E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.5 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE
ACQUISITION PLAN (SEP 2019)
E.6 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY
ACCESSIBILITY NOTICE (FEB 2023)
E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (JAN 1999)
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 CONTRACTING OFFICE 23
1303 5TH STREET, 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] Upon 100% completion of all services
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.tungsten-network.com
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 STATEMENT OF WORK
Scope: This contract provides for performing preventive maintenance/cleaning, inspecting, and testing on the electrical distribution system and related components shown in the equipment list throughout the Des Moines, VA facility. All inspections, cleaning and testing must be completed within 4 consecutive days, Friday, Saturday, Sunday, and Monday between the hours of 0700-1800, unless otherwise approved in writing. Working hours on Friday and
Monday with minimum impact to the hospital. Visual inspection and locating of equipment may be done during normal business hours of 0800 to 1630. All shutting down or testing of equipment shall be done after normal hours or on the weekend. All work and requirements will be completed before September 30, 2026.
Introduction:
Work will be performed at the Des Moines, Veterans Affairs Central Iowa Health Care System
Facility located at 3600 30th Street Des Moines, Iowa 50310. Contractor shall coordinate work schedules, outages, equipment access, and safety preparations with the Maintenance
Supervisor before any work can commence.
Visual inspection and locating of equipment may be done during normal business hours 0800 to
1630. All shutting down or testing of equipment shall be done after normal hours or on the weekend. Work items, definitions, and references shall comply with NETA MTS 2023 edition or later as adopted by VA before contract award date and follow the latest ANSI/NETA inspection and testing procedures. Contractor must also follow VHA Directive 1028 dated 2/24/2020, which will be used and provided during the solicitation. Oil sampling and testing for 17 medium voltage liquid-filled transformers shall also be included as part of this service.
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.
These work items are referenced as “Inspection and Testing” in this document, hereafter.
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 Contractor Qualifications.
This SOW describes the requirements to establish maintenance and testing reports.
Contractor Qualifications:
1. Shall be experienced and certified Electrical Contractors, having properly trained and licensed permanent staff required to perform the proposed work. Contractor shall provide licenses, all certifications, and any project histories demonstrating at least five
(5) years of relevant experience at a minimum of this type of 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.
2. Shall be trained/certified to perform testing and work on the manufacture named equipment and will have a minimum of 5 years’ experience. Contractor will provide documentation to show proof of these requirements.
3. Shall be certified by the International Electrical Testing Association (NETA), National Institute for Certification in Engineering Technologies (NICET) as Certified Technicians or have higher qualifications such as those possessed by an electrical engineer or registered professional engineer. The crew leader shall hold a current level III certification or higher in electrical testing.
4. 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.
5. All subordinate technicians and electricians 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.
6. Contractors and employees assigned to perform these tasks shall have technical training and demonstrable track records, defined as a minimum of five (5) continuous years of experience performing maintenance, inspection, and testing of all the Electrical Power Distribution Systems of comparable size and complexity. Contractors shall submit documentation supporting this requirement, including licenses, certifications, project lists, and references.
7. 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.
8. Shall submit Training certifications 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 Contracting Officer prior to work.
Contractors shall have ready access to the latest editions of the following references:
a. NFPA 70, National Electrical Code. https://www.nfpa.org/product/nfpa-70-national-electrical-code-nec/p0070code
b. NFPA 70B, Recommended Practice for Electrical Equipment Maintenance.
https://www.nfpa.org/product/nfpa-70b-standard-for-electrical-equipment-maintenance/p0070bcode
c. NFPA 70E, Standard for Electrical Safety for the Workplace.
https://www.nfpa.org/product/nfpa-70e-standard-for-electrical-safety-in-the-workplace/p0070ecode
d. NFPA 110, Standard for Emergency and Standby Power System.
https://www.nfpa.org/product/nfpa-110-standard-for-emergency-and-standby-power-systems/p0110code
e. VHA Directive 1028 Electrical Power Distribution System. See attachment.
f. OSHA Standard 29 CFR 1910, Subparts I & S. OSHA 29 CFR 1910 Standards
g. International Electrical Testing Association, Inc. (NETA) – Maintenance and Testing
Specifications. https://www.netaworld.org/standards/ansi-neta-mts
h. 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.
i. Manufacturer’s specifications for all the equipment listed.
The Contractor Shall:
1. Provide phone numbers to reach the contractor project manager and crew leader will be provided to the Maintenance Supervisor so they can be reached at any time during the performance of the tasks of this SOW.
2. Have and provide all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely.
3. Provide documentation and certifications that show all instruments, test equipment, tools and PPE have been tested with current calibration in accordance with NFPA 70E to include OSHA Standard 29 CFR 1910. Dated calibration labels shall be visible on all instruments, test equipment, tools, and PPE as appropriate. Before starting work.
4. Provide tools, equipment, and PPE which comply with the requirements of OSHA Standard 29 CFR 1910, Subpart I, and NFPA 70E.
5. Meet at the VA facility with the Maintenance Supervisor and VA Electricians to ensure all the equipment being inspected is identified, located and to discuss any potential issues before the work begins.
6. Work directly with the Maintenance Supervisor and the Veterans Affairs (VA) Electricians to determine the best order in which to plan outages of the electrical equipment.
https://www.nfpa.org/product/nfpa-70-national-electrical-code-nec/p0070code https://www.nfpa.org/product/nfpa-70-national-electrical-code-nec/p0070code https://www.nfpa.org/product/nfpa-70b-standard-for-electrical-equipment-maintenance/p0070bcode https://www.nfpa.org/product/nfpa-70b-standard-for-electrical-equipment-maintenance/p0070bcode https://www.nfpa.org/product/nfpa-70e-standard-for-electrical-safety-in-the-workplace/p0070ecode https://www.nfpa.org/product/nfpa-70e-standard-for-electrical-safety-in-the-workplace/p0070ecode https://www.nfpa.org/product/nfpa-110-standard-for-emergency-and-standby-power-systems/p0110code https://www.nfpa.org/product/nfpa-110-standard-for-emergency-and-standby-power-systems/p0110code https://www.bing.com/ck/a?!&&p=6590d8bd0fbf5fc4e426ba59957b5876331099df8b82d906e269c7b5bb5eddd2JmltdHM9MTc4MjA4NjQwMA&ptn=3&ver=2&hsh=4&fclid=15683d36-79d8-6564-08b1-287078d06401&psq=f.+OSHA+Standard+29+CFR+1910&u=a1aHR0cHM6Ly93d3cub3NoYS5nb3YvbGF3cy1yZWdzL3JlZ3VsYXRpb25zL3N0YW5kYXJkbnVtYmVyLzE5MTA https://www.netaworld.org/standards/ansi-neta-mts
7. Once the order and outages have been decided the contractor shall provide a schedule of work to the Maintenance Supervisor at a minimum of 4 weeks before start of testing.
The schedule will be in the form of a progress chart of a 4 hour scale to indicate the work scheduled for completion by any given date during the work period. The proposed schedule will be reviewed by the COR, VA Electricians and VA Engineers. Any requirements for adjusting the schedule (e.g., to minimize disruption to the facility) shall be incorporated by the contractor.
8. Be at the facility a minimum of one hour before the scheduled start time each day and have all cleaning and testing equipment set up ready to begin with no assistance from VA employees.
9. Not Park their vehicles on the grass or in areas assigned for patient care only. Parking will be coordinated with the Maintenance Supervisor/COR.
10. Contact the local utility company to schedule planned electrical outages (MidAmerican) for the facility and coordinate with the Maintenance Supervisor to include outage schedules, switching procedures and contingency plans in case of emergency.
11. Provide before and after pictures will be taken of conductor connections and all equipment to ensure everything is back to its original state before the inspection.
Original state is defined as: Provide before and after pictures of the conductor connections and all equipment to ensure that all the equipment is back into the correct configuration as it was before the you performed the inspection. Pictures will include the following.
a. Equipment name plates.
b. Switch feed positions with transformer tag identifier in view.
c. A&B Feeder designator tags.
d. Breakers in the trip position.
e. Oil levels, temperature and pressure on gauges.
f. Conductors and connections conditions.
g. Cabinets are clean and free of debris (verified by the VA Maintenance Supervisor and or the VA electricians)
12. Ensure ARC Flash clothing and PPE/gear worn as required while in or near all energized equipment/devices, during energized testing, opening, and closing breakers and changing the feed positions inside each transformer. Therefore, the contractor will provide and wear their own ARC Flash clothing and use gear/tools rated for the voltages /amps for the equipment listed. If any safety issues arise and are initiated by the VA, all work will stop until the issues have been resolved.
13. Perform Infrared/thermographic scanning of all the equipment before and after (with a minimum of 300 DPI in either JPEG, PNG or PDF format) inspections to detect hot spots caused by loose, broken, or corroded connections. The contractor will attempt to correct deficiencies found by replacing devices found defective and tighten and torque loose connections to manufacturers specifications. If replacing device found defective and/or tightening and/or torquing the loose connections to manufacturers specifications does not correct the issue, the contractor will document the issue in their report with recommendations. Before after scans will be provided in the final report.
14. Provide their own electrical source such as a portable generator to supply power for the testing and cleaning equipment, lights, and power tools. This is needed because some of the electrical equipment being tested is located where an electrical source is not available.
15. Ensure no personnel are near or in the work area other than their workers, Maintenance Supervisor, and VA Electricians. If a safety issue arises all work will stop and the maintenance Supervisor will be contacted immediately.
16. Perform opening/closing of breakers, changing feed positions in each of the transformers. VA Electricians will observe only.
17. Contractor shall follow the manufacturer’s recommended procedures for removing load break elbows to prevent causing damage to ceramic probes. The load break elbows will be cleaned and inspected for damage and shorting. Replace any of the probes which have cracked or are damaged. The contractor will provide an electronic quote for the parts needed. Replacing the probes must be approved by the Contracting Officer, COR and Maintenance Supervisor and an authorized purchase order made before purchasing any parts.
18. Clean the inside of the transformers, switch gear and transformers thoroughly. The Maintenance Supervisor and/or VA Electricians will check for cleanliness.
19. Ensure all connections/lugs are torqued to manufacturers requirements/recommendations.
20. Perform system function tests for each item on the equipment list.
21. Report deficiencies that are deemed critical or catastrophic immediately to the Maintenance Supervisor for immediate action and possible contract modification.
Criticality is determined by the inspectors along with the Maintenance Supervisor and VA Electricians. Critical deficiencies are those that pose immediate safety hazards or risk of equipment failure within 24 hours. Catastrophic deficiencies are those that cause system shutdown or imminent failure
22. Provide a hard copy and electronic copy of the completed written report to the Maintenance Supervisor/COR before September 30, 2026. The electronic version of the report shall be in Microsoft word format and will include at a minimum the following items.
a. The contractors’ Name, address, phone, and Fax numbers.
b. Name and signatures of contractors who performed the inspections and testing.
c. VA work contract number, and number of the VA Contracting Officer.
d. Date and time of work.
e. Copies of contractors’ valid licenses, professional and training certificates.
f. Descriptions and model numbers for specialized tools and equipment used, such as a torque wrench and infrared scanning camera.
g. Location, type, name, and nameplate information of electrical equipment to be inspected and tested.
h. Descriptions of work items.
i. Test data.
j. Reference materials such as equipment manufacturer’s specifications, coordination study. Etc.
k. Remarks on the condition of the electrical equipment. List all deficiencies if any.
Deficiencies shall be categorized as Critical, Major, or Minor, with recommended corrective actions and timelines
l. Corrective actions and recommendations.
Equipment/Device Type:
15 KV Square –D switches (Substation).
17 medium voltage transformers, liquid/oil filled 13200-480 and 13200-208 volts.
Switches, Air, Medium-Voltage, Metal-Enclosed.
Circuit Breakers, Air, Insulated-Case/ Molded-Case.
Circuit Breakers, Air, Low-Voltage Power.
Circuit Breakers, Air, Medium-Voltage.
Protective Relays, Mechanical, and Solid State.
Grounding Systems.
Ground-fault Protection Systems.
Equipment List Breakdown:
Equip ID # Equipment Type Serial # Location
T1-1
Square-
D/Schneider, Oil filled, Pad
Mounted, 500 KVA
Transformer, 13.2KV/208/-
120VAC with a
1600 Amp
Secondary Breaker
43270263-001-
East Side of MRI, outside
T1-2
Square-
D/Schneider, Oil filled, Pad
Mounted, 500 KVA
Transformer, 13.2KV/480-
277VAC with an
800 Amp
Secondary Breaker
44917092-002-
East Side of MRI, outside
T3-1
Square-
D/Schneider, Oil filled, Pad
Mounted, 500 KVA
Transformer, 13.2KV/208-
120VAC 10JC519880001
Northwest of
Building 3, outside
T4-1
General Electric, Oil filled, Pad
Mounted, 500 KVA
Transformer, 13.2KV/208-
120VAC with a
1600 Amp secondary breaker?
44917092-001-
Northwest Corner of Building 4, outside
T5-1
Square-
D/Schneider, Oil filled, Pad
Mounted, 300 KVA
Transformer, 13.2KV/480-
277VAC with a 400
Amp Secondary
Breaker
50722687-
000010-01
North of Building
5, outside
T6M-1
Square-
D/Schneider, Oil filled, Pad
Mounted, 300 KVA
Transformer, 25262335-001-
Southeast of
Building 6M, 13.2KV/208-
120VAC
T7M-1
Square-
D/Schneider, Oil filled, Pad
Mounted, 300 KVA
Transformer, 13.2KV/208/-
120VAC with a
1000 Amp
Secondary Breaker
25487463-001-
West Side of
Building 7M, outside
T11-1
General Electric, Oil filled, Pad
Mounted, 2500
KVA Transformer, 13.2KV/480/-
277VAC 15JC737740001
Northwest Side of
Building 11, Outside
T12-1
Square-
D/Schneider, Oil
Filled, Pad
Mounted, 1000
KVA Transformer, 13.2KV/480/-
277VAC
22623464-018-
South Side of
Building 12, Outside
T13-1
Square-
D/Schneider, Oil
Filled, Pad
Mounted, 300 KVA
Transformer, 13.2KV/480-
277VAC
22623464-019-
North Side of
Building 13, Outside
T25-1
Square-
D/Schneider, Oil
Filled, Pad
Mounted, 225 KVA
Transformer, 42153768-043-
Southwest Corner of Building 25, Outside
13.2KV/480-
277VAC
T28-1
Square-
D/Schneider, Oil
Filled, Pad
Mounted, 500 KVA
Transformer, 13.2KV/480-
277VAC
41375337-001-
Northwest Corner of Parking Ramp, Building 28, Outside
TE-1
Square-
D/Schneider, Oil
Filled, Pad
Mounted, 2500
KVA Transformer, 480VAC/13.2KV, Step Up
23850323-001-
Northeast Corner of Generator # 1, Outside
TE-2
Square-
D/Schneider, Oil
Filled, Pad
Mounted, 2500
KVA Transformer, 13.2KV/480VAC, Step Down
23850323-002-
Southwest Corner of Building 1W, outside
T1W-1
Square-
D/Schneider, Oil
Filled, Pad
Mounted, 750 KVA
Transformer, 13.2KV/208/-
120VAC with a
2500 Amp
Secondary Breaker
22623464-014-
Southwest Corner of Building 1W, outside
T1W-2
Square-
D/Schneider, Oil
Filled, Pad
Mounted, 1500
KVA Transformer, 13.2KV/480-
22623464-015-
Southwest Corner of Building 1W, 277VAC with a
2250 Amp
Secondary Breaker
T1W-3
Square-
D/Schneider, Oil
Filled, Pad
Mounted, 1500
KVA Transformer, 13.2KV/480-
277VAC
22623464-016-
South side of Building 2, Outside
SW-35
Square-
D/Schneider, Medium Voltage, 15KVA Metal Clad, Switchgear, 600
Amp Main with a
208V-120V
Electrical panel and a 100 Amp I-Line
Panelboard (DC
Volts) Feeders 1,2 and 3 are Fed out of this building Northeast of Building 5, Outside
Feeders# 1, 2 & 3 are 600 Amp Load Break Switches
SW-36
Square-
D/Schneider, Medium Voltage, 15KVA Metal Clad, Switchgear, 600
Amp Main with a
208V-120V
Electrical panel and a 100 Amp I-Line
Panelboard (DC
Volts) Feeders 1,2 and 3 are Fed out of this building
Southwest of Building 7M, outside
Feeders# 1, 2 & 3 are 600 Amp Load Break Switches
SW-37
North of Building
Temp Gen 1 Hookup Breaker Siemens, 480VAC, 200 Amp Breaker WLS1F320
Outside Building
Temp Gen 2 Hookup Breaker Siemens, 480VAC, 200 Amp Breaker WLS1F320
Outside Building
52-F Feeder 2 Disconnect MV Switch
Square-D/ Schneider, 15KV, 1200Amp, Breaker 17-44170278-
001 Inside Building 37
52-F Feeder 3 Disconnect MV Switch
Square-D/ Schneider, 15KV, 1200Amp, Breaker 17-44170278-
001 Inside Building 37
52-MB Main Bus Control
Square-D/ Schneider, 15KV, 1200Amp, Breaker 44170278-002 Inside Building 37
37 TX 37-1-TX1-OS
Transformer
Square-D/ Schneider, 13,200Y/480VAC, 3608Amp, Breaker
44170278-003- 01-1 Inside Building 37
Main Principal Breaker Load B Optional Standby
Square-D/ Schneider, 508V, 4000Amp, Breaker MTZ3-40H3 Inside Building 37
52-FC Future Building Breaker C
Square-D/ Schneider, 508V, 1600 Amp, Breaker MTZ2-16H3 Inside Building 37
52-FD Future Building Breaker D
Square-D/ Schneider, 508V, 1600 Amp, Breaker MTZ2-16H3 Inside Building 37
52-G6 Temporary Generator 2 Breaker
Square-D/ Schneider, 508V, 1600 Amp, Breaker MTZ2-16H3 Inside Building 37
52-G5 Temporary Generator 1 Breaker
Square-D/ Schneider, 508V, 1600 Amp, Breaker MTZ2-16H3 Inside Building 37
52-G3 Future Generator Breaker 3
Square-D/ Schneider, 508V, 1600 Amp, Breaker MTZ2-16H3 Inside Building 37
52-G4 Future Generator Breaker 4
Square-D/ Schneider, 508V, 1600 Amp, Breaker MTZ2-16H3 Inside Building 37
52-G2 Generator 2 Breaker
Square-D/ Schneider, 508V, 1600 Amp, Breaker MTZ2-16H3 Inside Building 37
52-G1 Generator 1 Breaker
Square-D/ Schneider, 508V, 1600 Amp, Breaker MTZ2-16H3 Inside Building 37
52-FA Load A EES Breaker
Square-D/ Schneider, 508V, 4000 Amp, Breaker MTZ3-40H3 Inside Building 37
37 TX 37-1-TX1-ESS
Transformer
Square-D/ Schneider, 13,200Y/480VAC, 3608 Amp, Breaker
44170278-004- 01-1 Inside Building 37
37-TX-37-1-HTX1-LS Buck Boost Transformer
Square-D/ Schneider, 480/120/240VAC, 12(3)20(1) Amp, Breaker 10S40F Inside Building 37
52-M Feeder 1 Disconnect MV Switch
Square-D/ Schneider, 15KV, 1200 Amp, Breaker 44170278-001 Inside Building 37
37-TX-37-1HTX1-EB
Transformer
Square-D/ Schneider, 480/120/208VAC,
124.9 Amp Breaker PHA9684203 Inside Building 37
LPB1-EB# 11,13 Battery charger
Saft, 120/208/240VAC, 47/27/24 Amp, Breaker Q120025TL511AS Inside Building 37
LPB1-EB# 7,9 Battery charger
Saft, 120/208/240VAC, 12/6.7/5.8 Amp, Breaker Q024025TL511AS Inside Building 37
The VA will provide an Inventory of Electrical Power Distribution System Equipment to be inspected and tested under this Scope of Work. 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.
Emergency Services: Contractor shall respond within 30 minutes of COR notification and shall begin corrective action within 2 hours after identification of an emergency problem or damage that may occur during the removal or installation of the fore mentioned equipment.
Under these conditions of equipment failure, the Contractor shall be required to perform necessary and immediate repairs to the area at no cost to the Government and will be expected to continue work until the repairs are made and the equipment is fully operational.
Contractor is only responsible for repairs resulting directly from contractor actions during inspection or installation
Clean up: The Contractor at the end of each workday shall remove all tools, dirt, debris and waste that accumulate because of the services performed. All hazardous waste resulting from the repairs will be removed and properly disposed of in accordance with all
State, Local, and Federal regulations at no additional costs to the Government and will be coordinated with the COR and VA safety office for proper documentation.
The Facility is a tobacco free so anyone desiring the use of tobacco products must do so off the facility grounds.
VA INFORMATION AND INFORMATION SYSTEM SECURITY AND PRIVACY LANGUAGE
1. GENERAL
This entire section applies to all acquisitions requiring any Information
Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.
2. VA INFORMATION CUSTODIAL LANGUAGE. Not required per the 6500.6
3. ACCESS TO VA INFORMATION AND VA INFORMATION SYTEMS. Not required per the 6500.6
4. TRAINING. Not required per the 6500.6
5. SECURITY INCIDENT INVESTIGATION
This entire section applies to all acquisitions requiring any Information Security and Privacy language.
a. The contractor, subcontractor, their employees, or business associates shall immediately (within one hour) report suspected security / privacy incidents to the VA OIT’s Enterprise Service Desk (ESD) by calling (855) 673-4357 (TTY:
711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues.
After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the COR/CO the incident number received from the ESD.
b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved and the circumstances surrounding the incident, including the following:
(1) The date and time (or approximation of) the Security Incident occurred.
(2) The names of individuals involved (when applicable).
(3) The physical and logical (if applicable) location of the incident.
(4) Why the Security Incident took place (i.e., catalyst for the failure).
(5) The amount of data belonging to VA believed to have been compromised.
(6) The remediation measures the contractor is taking to ensure no future incidents of a similar nature.
c. After the contractor has provided the initial detailed incident summary to VA, they will continue to provide written updates on any new and relevant circumstances or facts they discover. The contractor, subcontractor, and their employes shall fully cooperate with VA or third-party entity performing an independent risk analysis on behalf of VA. Failure to cooperate may be deemed a material breach and grounds for contract termination.
d. VA IT contractors shall follow VA Handbook 6500, Risk Management
Framework for VA Information Systems VA Information Security Program, and
VA Information Security Knowledge Service guidance for implementing an
Incident Response Plan or integrating with an existing VA implementation.
e. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA
OIG, and the VA Office of Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
f. The contractor shall comply with VA Handbook 6500.2, Management of
Breaches Involving Sensitive Personal Information, which establishes the breach management policies and assigns responsibilities for the oversight, management and reporting procedures associated with managing of breaches.
g. With respect to unsecured Protected Health Information (PHI), the contractor is deemed to have discovered a data breach when the contractor knew or should have known of breach of such information. When a business associate is part of VHA contract, notification to the covered entity (VHA) shall be made in accordance with the executed BAA.
h. If the contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach involving any VA sensitive personal information the contractor/subcontractor processes or maintains under the contract; the contractor shall pay liquidated damages to the VA as set forth in clause 852.211-76, Liquidated Damages—
Reimbursement for Data Breach Costs.
6. INFORMATION SYSTEM DESIGN AND DEVELOPMENT. Not required per the 6500.6
7. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE OR USE. Not required per the 6500.6
8. SECURITY AND PRIVACY CONTROLS COMPLAINCE TESTING, ASSESSMENT AND
AUDITING. Not required per the 6500.6
9. PRODUCT INTEGRITY, AUTHENTICITY, PROVENANCE, ANTI-COUNTERFEIT AND
ANTI-TAMPERING. Not required per the 6500.6
10. VIRUSES, FIRMWARE AND MALWARE. Not required per the 6500.6
11. CRYPTOGRAPHIC REQUIREMENT. Not required per the 6500.6
12. PATCHING GOVERNANCE. Not required per the 6500.6
13. SPECIALIZED DEVICES/SYSTEMS (MEDICAL DEVICES, SPECIAL PURPOSE
SYSTEMS, RESEARCH SCIENTIFIC COMPUTING. Not required per the 6500.6
14. DATA CENTER PROVISIONS. Not required per the 6500.6
B.3 PRICE/COST SCHEDULE
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1.00 SV __________________ __________________
Electrical Equipment Testing
PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: H259 - Equipment and Materials Testing - Electrical and Electronic Equipment Components
GRAND TOTAL __________________
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT
2025)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) 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.
(c) 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.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31
U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) 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;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim 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 FAR part
33 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 FAR part 32).
(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 termination for cause.
(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.
chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.
chapter 21 relating to procurement integrity.
(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract;
(5) Solicitation provisions incorporated in the solicitation;
(6) Other paragraphs of this clause;
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(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 (s)(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.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.2 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
(a) Definitions. As used in this clause—
American Security Drone Act-covered…
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