RFQ - 36C25723Q0452_1.pdf

PDF 597 KB Posted

Attached to
J061--WTX - Switchgear Testing & Dissolved Gas Analysis Federal contract opportunity
Solicitation number
36C25723Q0452
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 17

View the file

Other files for this federal contract opportunity

Other files attached to J061--WTX - Switchgear Testing & Dissolved Gas Analysis, newest first.
File Type Posted
Wage Determination No 2015-5269 Rev 22.pdf PDF
36C25723Q0452.docx DOCX document

On GovTribe

Work with this file on GovTribe

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

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

519-23-2-662-0065

36C25723Q0452 02-23-2023

Jesus Casiano 2106946243 03-01-2023

2:00PM CST

36C257

Department Of Veterans Affairs

Network Contracting Office 17

5441 Babcock Road Ste. 302

San Antonio TX 78240

X 100

X

335311

750 Employees

N/A

X

36C519

Department of Veterans Affairs

West Texas VA Health Care System

300 Veterans Blvd

Big Spring TX 79720

36C257

Department Of Veterans Affairs

Network Contracting Office 17

This is accomplished through the

Tungsten Network located at:

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

This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

WTX - Switchgear Testing & Dissolved Gas Analysis

See CONTINUATION Page

X X

X 1

Contracting Officer

36C25723Q0452

Table of Contents

SECTION A

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

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

?.## VA Notice of total set-aside for verified service-disabled veteran-owned small businessES

(NOV 2022)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

BASIS FOR AWARD

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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 36C257

Department Of Veterans Affairs

Network Contracting Office 17

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 RECEIPT

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

STATEMENT OF WORK

Calibration, Inspection, and Testing of the Electrical Power Distribution System & All Components and

Dissolved Gas Analysis and Testing

INTRODUCTION:

The West Texas VA Health Care System has a requirement for the maintenance, inspection, testing, and/or calibration of the Electrical Power Distribution System and all of its components and dissolved gas analysis and testing.

SCOPE OF WORK:

Provide all labor including removing and re-installing of breakers, materials, tools, testing equipment and supervision for testing, calibrating, adjusting, and lubricating of switchgears and circuit breakers during weekend scheduled outages to include dissolved gas analysis and testing.

Contractor shall ensure all electrical panels are infrared. The scheduled outages shall minimize the impact on patient care and hospital operations.

List of electrical equipment that shall be calibrated and tested:

Building #15, Main Switch Board Panel

1. Main breaker- #1

4 protective relays

12.5kv volts

2. Main breaker - #2 xfrm

3. Main breaker- #3 xfrm

Building #2

4. Main breaker- #4 XFRM

5. Main Breaker- #5 xfrm

Building #18, New Domiciliary

6. Main breaker -#6 xfrm

Switch Board M Main

7. Breaker #1 rl -2000

Main breaker

480V

8. Breaker #2 rl-800

Normal power central rnl

9. Breaker #3 rl -800

Transformer D.D.T. #1-85 Elec. Equip.rm. #2

10. Breaker#4 RL-800

Transformer D.D.T. #3-85 Elec. Equip. Rm. #3

11. Breaker #5 RL-800

2nd fl. Lab A/C

12. Breaker #6 RL-800

[RmB21] Laundry Equip. & lts

13. Breaker #7 RL-800

[Rm B13] 4 banks elev.

14. Breaker #8 RL-800

[RmB12] Life Safety Branch

15. Breaker #9 RL-800

[RmB12] Critical Branch

16. Breaker#10 RL-800

[RmB12] Equipment Branch

17. Breaker #11 RL-800

[Bldg15] Panel HNSG switchgear gen

18. Fire Pump Switchgear RHX-1600

19. Solar Panels Switchgear RL-800

20. Spare Switchgear RL-800

21. Spare Switchgear RL-800

22. Spare Breaker RL-2000

Switchgear Board X-R Main

23. Breaker #1 rl-2000

Main Breaker

24. Breaker #2 RL-800

X-ray Breaker

25. Breaker #3 RL-800

Dental

26. Breaker#4 RL-800

2nd FL X-ray panel

27. Breaker #5 rl-800

Normal power transformer for 3 west

Generator Switch Board

28. Breaker #1 la-1600b

Main Breaker [bolt-in]

29. Breaker #3 400a

ATS#2 Critical

30. Breaker #4 400a

ATS#3Equipment

31. Breaker #7 400a

ATS #6 Elevators

32. Breaker#9 350a

Fire Pump

Building #1, Room B21 [LAUNDRY]

33. Breaker#1 600a

Main Breaker

34. Breaker #2 300A

500KVA Transformer

Building #1, Room B21 [PANEL H1F]

35. Main Breaker [Laundry Panels] 400A

120/208V

36. Main Breaker (2nd Floor A/C Unit) 400A

Building #1, Switch Board DPBW

37. Main Breaker 1200A

Panel H5WD Rm 512

38. Main Breaker 600A

Panel H5ED Rm. 568

39. Main Breaker 600A

Panel HQ Panel location by Bldg.7

40. Main Breaker 300A (NOT IN SERVICE)

Panel QL Panel location by Bldg.7

41. Main Breaker 500A

42. Breaker #1 300A

New Breakers to be cleaned/tested:

BLDG #2

MCCA Main Breaker 400AMP GE Breaker

BLDG, # 8, 17,18, 20, 21

Transformer is a dry type no need to test but must be cleaned out when breakers are being tested

480-volt square D panel

600 AMP MAIN 400 AMP BREAKER 300 AMP BREAKER

208/120V 800 AMP BREAKER 300 AMP BREAKER

BLDG #17

Outside SQD molded case breaker 300AMP Breaker

Outside MDP Panel SQD 800 AMP Breaker

Outside SQD 1-Line 800AMP Breaker

BLDG #18

MAIN GE Breaker 800 AMP

MAIN TRANSFORMER BREAKER T-1 450 AMP

208/120 VOLT PANEL MAIN BREAKER 800 AMP

MDP Panel Outside 400AMP Breaker

MDP Panel Outside AV-Line 800 AMP Breaker

BLDG #21

Main SQD Outside LC3600 600 AMP

Transformer SQD LA400 400AMP

Southwest Building SQD outside LA300 300AMP

BLDG #22

MAIN PANEL SES -DPN

RK 2000 AMP RJ 1200 AMP PK 800 AMP [ PK 800 AMP IS OFF]

BLDG #22

PANEL DPE GENERATOR PANEL 480 VOLT PK 1200 AMP LJ 600 AMP LJ

400 AMP [IS OFF]

PK 800 AMP

BLDG#22

PANEL DPEQ MAIN BREAKER PG 800 AMP [ LH 400 AMP BREAKER IS OFF]

BLDG#22 PANEL DPLS MAIN BREAKE RLH 400 AMP

BLDG #25 C1M SQD 400AMP Main Breaker

A. Provide separate cost to re-test each replacement breaker if required.

B. Provide separate cost for each breaker to be repaired if required.

C. VA will provide a schedule for testing breakers Thursday, Friday, Saturday, and

Sunday.

TRANSFORMERS

Dissolved Gas Analysis and Testing

Provide equipment, labor, materials, and sample bottles to draw transformer oil sample and test/provide oil dissolve gas analysis and dielectric strength data per ASTM D3612 and ASTM

D300-00.

General

Before attempting to draw the sample, identify the type of cooling liquid in the transformer.

Clean the sample flange and copper/brass tube with a lint-free clean cloth.

The apparatus to be sampled should be under positive pressure. For transformers sealed with an inert gas, check the pressure gauge to make sure it does not indicate a negative pressure. Ensure that the vacuum will not draw air into the transformer. Attach a length of tubing and filled with clean oil to the sampling valve before cracking the valve open. Carefully observe the direction of oil movement in the tube and close the valve immediately if the oil flow is towards the transformer. Do not allow air to be drawn into the transformer! Air can only enter the transformer when it is under a vacuum.

Dissolved Gas Analysis and Dielectric Strength

Test all oil filled transformers and oil

Take a sample while the oil is warm and measure the temperature so that the laboratory can then adjust the results for moisture content. Pre-flush the sample leg and running the oil quietly into a clean glass vessel to minimize degassing and seal the sample securely. Analysis reports shall include following gases but not limited to Hydrogen, Oxygen, Nitrogen, Methane, Carbon

Monoxide, Carbon Dioxide, Ethane, and Ethylene.

Wipe any oil from outer surface of the sample container and place in the shipping container.

Place the Sample Data Sheet(s) in a plastic bag and enclose it in the shipping container.

QUALIFICATIONS OF CONTRACTORS:

A. Contractors shall be certified by the International Electrical Testing Association (NETA) as NETA Certified Technician and completed the Occupational Safety & Health

Administration (OSHA) approved 10-hour construction safety training.

B. Contractors shall have technical trainings, and track records of working experience in maintenance, inspection, and testing of the Electrical Power Distribution System and its components in healthcare, industrial, educational, and commercial facilities for a minimum of five (5) continuous years.

C. Contractors shall have safety trainings – either on-the-job or class-room type - in electrical safety outlined in the OSHA Standard 29 Code of Federal Regulations (CFR)

1910 Subpart S – Electrical, and the NFPA 70E – Standard for Electrical Safety in the

Workplace. Training certifications shall be submitted to the VA Contracting Officer prior to work. If no training certifications are available, the contractor’ Employer shall certify that he/she has met this requirement in writing and submit it to the VA

Contracting Officer prior to work.

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

1) NFPA 70, National Electrical Code.

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

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

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

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

6) International Electrical Testing Association, Inc. (NETA) – Maintenance and

Testing Specifications.

7) 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.

E. Contractors shall be equipped with all necessary tools, equipment, and Personal Protective

Equipment (PPE) to perform the work safely, effectively, and timely. Tools, equipment, and PPE shall comply with the requirements of OSHA Standard 29 CFR 1910, Subpart I, and NFPA 70E.

Transformers to be Analyzed and Dielectric Strength:

BOILER PLANT

Westinghouse 2000 kva

SQ D 1000 kva

Vantran 225 kv

Generator, Building #1

SQ,D1500 kva

Vantran 300kva

Building #7

Vantran 150 kva

SQ,D 150 kva

Vantran 75 kva

Domiciliary, Building #18

SQ,D 750kva

SUMMARY OF WORK AND REQUIRED REPORTS:

A. Provide complete written report of the switchgear testing. Reports shall include but not limited to the transformer location, size, manufacturer, voltage, date of sample. The results of the oil analysis are prepared in a written report and a pdf file. Information shown in the report shall be as followings but not limited to:

• Company’s name, address, 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.

• Date and Time of work.

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

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

• Location, Type, Name, and nameplate information of electrical equipment to be calibrated and tested.

• Descriptions of work items.

• Test data.

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

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

• Recommended corrective actions, if any.

B. Submit four (4) hard copies of the complete written report, and one (1) CD-Rom of the electronic version of the report in pdf format to the Maintenance and Repair Supervisor

(joshua.new@va.gov) and to the Chief of Engineering (Daron.moore@va.gov) within seven (14) calendar days of testing. All reference materials shall be included in the mailto:joshua.new@va.gov mailto:Daron.moore@va.gov electronic version of the report, either through scanning or other means of electronic text import methods.

C. Report shall include but not limited to the transformer location, size, manufacturer, voltage, date of sample. The results of the oil analysis are prepared in a written report and a pdf file and shall include following gases but not limited to Hydrogen, Oxygen, Nitrogen, Methane, Carbon Monoxide, Carbon Dioxide, Ethane, Ethylene.

D. Contractors shall report deficiencies that are deemed critical or catastrophic immediately to the Project Engineer for immediate actions.

REQUIREMENTS:

1. The Contractor shall perform testing of listed components within this statement of work located at West Texas VA Health Care System.

2. The Contractor shall provide all labor, tools, equipment, materials, and supervision required to perform testing, removing, and re-installing of all breakers, switches, testing switchgears, breakers for testing, calibrating, adjusting, and lubricating of switchgears and circuit breakers.

3. The Contractor shall ensure all electrical panels are infrared.

4. The Contractor shall during reinstallation torque all wires to specifications and record specs in final reports.

5. The Contractor shall provide equipment, labor, materials, and sample bottles to draw transformer oil sample and test/provide oil dissolve gas analysis and dielectric strength data per ASTM D3612 and ASTM D300-00.

6. The Contractor’s work items, definitions, and references shall comply with the latest edition of the NETA – Maintenance Testing Specifications.

7. The Contractor shall calibrate and test all equipment listed in Statement of Work.

8. The Contractor shall schedule all power outages through the Maintenance & Repair

Supervisor for weekend work only 5 days prior to requirement. The outages shall minimize the impact on patient care and hospital operations.

9. The Contractor shall follow Lock out & tag out procedures.

10. The Contractor shall provide and install new labels on all equipment included in this

SOW.

11. The Contractor shall at the end of the project, clean up, dispose of demolished, used materials, debris, or waste at an approved off-limits location in accordance with applicable local, State and federal laws and regulations and pay any related fees.

12. Perform a final walkthrough with the Maintenance & Repair Supervisor and Chief of

Engineering when completed.

13. The Contractor shall coordinate with the Maintenance & Repair Supervisor and Chief of

Engineering at least 15 days prior to starting work.

Points of Contact:

a. Maintenance & Repair Supervisor: TBD

b. Chief of Engineering: TBD

OTHER CONSIDERATIONS:

The contractor will be required to submit a safety plan for VA review and approval prior to the performing work.

It is the contractor’s responsibility to provide adequate documentation verifying that any equipment and/or materials proposed will meet or exceed all federal government requirements.

The contractor’s supervisor shall always be available to address any needs the Maintenance &

Repair Supervisor may have during the period of performance. All employees or sub-contractors shall be accountable solely to the Contractor, not the Government.

The contractor shall thoroughly clean inside and outside of project site daily with contractor’s own equipment, including vacuums, mops, buckets, wash rags, dust mops, etc.

The Government will not provide facilities or staging area for the Contractor’s use to support this contract. The contractor is responsible for all shipping, receiving, storage and security of any materials or equipment for the duration of this project.

The Government will not provide materials for this project.

Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any Contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. The Contractor shall ensure no contractor employees conduct political related activities or events on VA Facilities.

The Contractor shall notify the Maintenance & Repair Supervisor or Government representative of any accidents requiring medical treatment. Emergency medical treatment and services for

Contractor personnel is the responsibility of the Contractor.

PERFORMANCE PERIOD:

180 ARO

INSURANCE:

A. Workers’ compensation and employer's liability. Contractors are required to comply with applicable Federal and State of Texas Workers Compensation and occupational disease statutes.

B. General Liability. Contractors are required to have Bodily Injury Liability Insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

C. Property Damage Liability. Contractors are required to have Property Damage Liability insurance coverage of at least $500,000. Refer also to the solicitation provision FAR

52.228-5 Insurance – Work on a Government Installation. A. Worker compensation and employer's liability. Contractors are required to comply with applicable Federal and State

Worker Compensation and occupational disease statutes

HOURS OF COVERAGE:

A. Normal business hours of coverage are Monday through Friday from 8:00 am to 4:30 pm

Central time, excluding federal holidays. All service/repairs will be performed during normal business hours of coverage unless requested and approved by COR or his designee.

B. Federal Holidays observed by the WTVAHCS are:

New Years' Day

Martin Luther King Jr. Day

Presidents' Day

Memorial Day

Juneteenth

Independence Day

Labor Day

Columbus Day

Veterans’ Day

Thanksgiving Day

Christmas Day

C. When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included, would be any other day specifically declared by the President of the United States of American to be a National

Holiday.

PLACE OF PERFORMANCE:

West Texas VA Health Care System

300 Veterans Blvd

Big Spring, TX 79720

SECURITY REQUIREMENTS:

Information System Officer, Information Protection:

The contractor will not have access to VA Desktop computers.

Privacy Officer:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

RECORDS MANAGEMENT

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle

Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. 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.

3. In accordance with 36 CFR 1222.32, 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.

4. VA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of

Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. 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.

6. 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 VA 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.

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with

Paragraph (4).

7. 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 VA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

8. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

9. The Contractor shall not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

10. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

11. The VA 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 VA 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

Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

FACILITY ACCESS REQUIREMENTS AND PARKING:

Upon arrival at the WTVAHCS Main Campus, Contractor employees shall sign in with the VA

Police (Main Lobby, bldg. 1). VA Police will issue a temporary access badge once the Contractor presents a valid, Contractor issued identification badge that includes the employee’s name and passport-style photo. The Contractor must safeguard the temporary badge and immediately report any lost, stolen, or destroyed badges to the Police and the M&R Supervisor.

The Contractor's FSEs shall always wear visible identification issued by the WTVAHCS Police while on the premises of the WTVAHCS. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police

Section. The WTVAHCS will not invalidate or make reimbursement for parking violations of the

Contractor under any conditions. Smoking is prohibited inside any buildings at the WTVAHCS.

Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States

(Federal) District Court, not a local district, state, or municipal court.

While on VA premises, all Contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility. Contractors are required to abide by all facility requirements in regard to screening and masking requirements.

End of SOW

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB ________________ ________________

Calibration, Inspection, and Testing of Electrical Power Distribution

System and all Components and Dissolved Gas Analysis and Testing

1.00 JB ______________ ________________

Retest of Replacement Circuit Breakers

1.00 JB ______________ ________________

Repair Circuit Breakers

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: West Texas VA Health Care

System

300 Veterans Blvd

Big Spring, TX 79720

USA

1.00 SEE SOW

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

DEC 2022

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[X] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(OCT 2022) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (OCT 2022)

(15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15

U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022)

(E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29

U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022)

(19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-

53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and

Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits

23160 - Electrician, Maintenance $24.41

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY

2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020)

(42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(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 Subpart 4.7, Contractor

Records Retention, of the 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 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.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR

19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY

2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States

(OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020)

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .