S02 - 36C25622Q0888 - Emergency genterators for Alexandria VA.pdf

Combined Synopsis-Solicitation for Commercial Items

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” in conjunction with FAR Part 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular: FAC 2022-06 (eff. 05/01-2022) and VAAR Updated 2008-32 (eff. 11/1/2021).

This solicitation is set-aside for small business.

The associated North American Industrial Classification System (NAICS) code for this procurement is 532490,Other Commercial and Industrial Machinery and Equipment Rental and Leasing with a small business size standard of $35 Million. The FSC/PSC is W061, Lease or Rental Equipment - electrical wire and power distribution equipment.

Contractor shall provide leasing equipment, delivery, and the installation of (4) four temporary generator systems to provide emergency power generation to the medical center at the Alexandria Veterans Affairs Health Care System (ALXVAHCS) during prolonged utility power interruptions due to storm damage and/or failure of electrical utility services. The generator requirements are listed below in this document.

See Section B. 2 Price Schedule and B.3 Statement of Work for additional information.

For instruction on quote submission reference ADDENDUM to FAR 52.212-1

INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES page 37 through 39.

Questions Due Date/Time: May 17, 2022, 10:00 AM (CST) Response Due Date/Time: May 23, 2022, 4:00 PM (CST)

Point of Contact: Stephanie Keo, Contracting Officer, 713-791-1414 EXT 26408 or email at stephanie.keo@va.gov.

mailto:stephanie.keo@va.gov

36C25622Q0888

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

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

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

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) E.7 Addendum to 52.212-2 EVALUATION - SIMPLIFIED ACQUISITION

PROCEDURES

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (NOV 2021) (JUL 2020) (DEVIATION)

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:

Phone: ______________________ Email: _______________________ UEI Number: ________________

TAX ID: ______________________

b. GOVERNMENT:

Stephanie Keo, Contracting Officer Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643 Email: stephanie.keo@va.gov

Jerrell Poole, Contracting Officer Representative (COR) Department of Veterans Affairs Alexandria Veterans Affairs Health Care System 2495 Shreveport Highway Pineville, Louisiana 71360 Email: jerrell.poole@va.gov

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 delivery, inspection, and acceptance of all line items mailto:stephanie.keo@va.gov mailto:jerrell.poole@va.gov

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

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

AMENDMENT NO DATE

(End of B.1) http://www.fsc.va.gov/fsc/einvoice.asp

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

6.00 MO ________________ ________________

RENTING OR LEASING 2000 KW GENERATOR

Provide and install a 2 MW trailer mounted Generator capable of operating at 60Hz, 480V, Wye configuration, 3Ph, 4 wire circuit with a total of 1500 Amps start up capability with UL2200 listing. Install system as close to the generator termination panel on the exterior of the facility Chiller Plant, building 147 as safely possible and make cable connections on the generator for immediate deployment.

Provide all electrical cabling and components to support the equipment’s full designed capacity output. See SOW for additional details.

Contract Period: Base POP Begin: TBD POP End: TBD (Brand name or equal) Manufacturer: ____________ Model Number: ___________ NAICS CODE: 532490, Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W061, Lease or Rental Equipment -electrical wire and power distribution equipment

6.00 MO __________________ __________________

RENTING OR LEASING TWO (2) 1000 KW GENERATORS

Provide and install a 1.5 MW trailer mounted Generator capable of operating at 60Hz, 208V, Wye, 3Ph, 4 wire circuit with a total of 3000 Amps start up capability with UL2200 listing. Install system as close to transformer TX7N on the exterior West of the main facility hospital, building 7 as safely possible and make cable connections on the generator for immediate deployment. Provide all electrical cabling and components to support the equipment’s full designed capacity output. See SOW for additional details.

Provide and install a 1.5 MW trailer mounted Generator capable of operating at 60Hz, 208V, Wye, 3Ph, 4 wire circuit with a total of 3000 Amps start up capability with UL2200 listing. Install system as close to transformer TX45 on the exterior West of the community living center, building 45 as safely possible and make cable connections on the generator for immediate deployment. Provide all electrical cabling and components to support the equipment’s full designed capacity output. See SOW for additional details.

Contract Period: Base POP Begin: TBD POP End: TBD (Brand name or equal)

Manufacturer: ____________ Model Number: ___________ NAICS CODE: 532490, Other Commercial and Industrial Machinery and Equipment Rental and Leasing

0003 6.00 MO __________________ __________________

RENTING OR LEASING 300 KW GENERATOR

Provide and install a 300kW trailer mounted Generator capable of operating at 60Hz, 208V, Wye configuration, 3Ph, 4 wire circuit with UL2200 listing. Install system as close to the generator termination panel on the exterior of the facility Lift Station, as safely possible and make cable connections on the generator for immediate deployment.

Provide all electrical cabling and components to support the equipment’s full designed capacity output. See SOW for additional details.

Contract Period: Base POP Begin: TBD POP End: TBD (Brand name or equal) Manufacturer: ____________ Model Number: ___________ NAICS CODE: 532490, Other Commercial and Industrial Machinery and Equipment Rental and Leasing

3.00 MO __________________ __________________

3 OPTIONAL MONTHS OF Lease for:

(2000 KW GENERATOR) and

TWO (2) 1000 KW GENERATORS LEASE

Contract Period: Base POP Begin: TBD POP End: TBD (Brand name or equal) Manufacturer: ____________ Model Number: ___________ NAICS CODE: 532490, Other Commercial and Industrial Machinery and Equipment Rental and Leasing

3.00 MO __________________ __________________

3 OPTIONAL MONTHS OF LEASE 300KW GENERATOR

Contract Period: Base POP Begin: TBD POP End: TBD (Brand name or equal)

Manufacturer: ____________ Model Number: ___________ NAICS CODE: 532490, Other Commercial and Industrial Machinery and Equipment Rental and Leasing

1.00 JB __________________ __________________

DELIVERY TO SITE AND REMOVAL AFTER COMPLETION

(2000 KW GENERATOR) and

TWO (2) 1.5 KW GENERATORS LEASE

Contract Period: Base POP Begin: TBD POP End: TBD (Brand name or equal) Manufacturer: ____________ Model Number: ___________ NAICS CODE: 532490, Other Commercial and Industrial Machinery and Equipment Rental and Leasing

1.00 JB __________________ __________________

DELIVERY TO SITE AND REMOVAL AFTER COMPLETION

300KW GENERATOR

Contract Period: Base POP Begin: TBD POP End: TBD (Brand name or equal) Manufacturer: ____________ Model Number: ___________ NAICS CODE: 532490, Other Commercial and Industrial Machinery and Equipment Rental and Leasing

GRAND TOTAL __________________

(End of B.2)

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

Alexandria Veterans Affairs Health Care System 2495 Shreveport Highway Pineville, Louisiana 71360

6 MONTHS

0002 6 MONTHS

0003 OPTIONAL 3 MONTHS

0004 OPTIONAL 3 MONTHS

0005 1 JOB

0006 1 JOB

0007 1 JOB

(End of B.3)

B.4 STATEMENT OF WORK

A. GENERAL GUIDANCE:

1. The statement of work (SOW) includes leasing equipment, delivery, and the installation of (4) four temporary generator systems to provide emergency power generation to the medical center at the Alexandria Veterans Affairs Health Care System (ALXVAHCS) during prolonged utility power interruptions due to storm damage and/or failure of electrical utility services. The generator requirements are listed below in this document.

2. Provide and install a 2 MW trailer mounted Generator capable of operating at 60Hz, 480V, Wye configuration, 3Ph, 4 wire circuit with a total of 1500 Amps start up capability with UL2200 listing. Install system as close to the generator termination panel on the exterior of the facility Chiller Plant, building 147 as safely possible and make cable connections on the generator for immediate deployment. Provide all electrical cabling and components to support the equipment’s full designed capacity output.

3. Provide and install a 1.5 MW trailer mounted Generator capable of operating at 60Hz, 208V, Wye, 3Ph, 4 wire circuit with a total of 3000 Amps start up capability with UL2200 listing. Install system as close to transformer TX7N on the exterior West of the main facility hospital, building 7 as safely possible and make cable connections on the generator for immediate deployment. Provide all electrical cabling and components to support the equipment’s full designed capacity output.

4. Provide and install a 1 MW trailer mounted Generator capable of operating at 60Hz, 208V, Wye, 3Ph, 4 wire circuit with a total of 500 Amps start up capability with UL2200 listing. Install system as close to transformer 7004 on the exterior West of the facility Community Living Center, building 45 as safely possible and make cable connections on the generator for immediate deployment. Provide all electrical cabling and components to support the equipment’s full designed capacity output.

5. Provide and install a 300kW trailer mounted Generator capable of operating at 60Hz, 208V, Wye configuration, 3Ph, 4 wire circuit with UL2200 listing. Install system as close to the generator termination panel on the exterior of the facility Lift Station, as safely possible and make cable connections on the generator for immediate deployment. Provide all electrical cabling and components to support the equipment’s full designed capacity output.

6. All rental/leased generators must have the below listed characteristics:

• Fuel tank capacity of 1300 gallons minimum.

• Have NFPA 704 compliance

• Include fuel tank vent with flexible fuel lines

• Have a high-level fuel shutoff for spill prevention with a high fuel level switch

• Must have free standing stairs and door access

• Enclosure lights

• Standard duty air intake

• Unit mounted radiator

• Run relay

• Batteries

• 10-amp battery charger

• Charged with all fluids (coolant, engine oil, fuel oil, etc.)

• Must have an integral belly fuel oil tank

7. Provide all temporary generators Electrical wiring, connectors, and electrical components to allow for quick installation to existing electrical feeders. The temporary generators shall be prepared by the contractor for immediate deployment and final connections made by M&O personnel following all NEC, NFPA, OSHA Codes. M&O personnel will make final connections to the building’s connection points in the event of need.

8. Provide a detailed submittal for VA review and approval that shows equipment to be used.

9. Job site shall be visited to verify all existing conditions and dimensions and the extent of work involved with the VA Engineering Service Representative. Visits to the site may be made by appointment only, during regular business hours, with the VA Contracting Officer Representative (COR) and Subject Matter Expert on site.

10. Contractor is responsible for the startup commissioning and de-commissioning of all rented/leased equipment under no load. Verification of operational status to be documented by M&O Personnel.

11. Contractor will provide and install a temporary security barrier around generators, and electrical wiring in a manner to keep unauthorized personnel out of the worksite.

12. Contractor will provide a 4-hour response time in event of equipment failure.

TYPE OF CONTRACT: A firm-fixed-price.

PERFORMANCE PERIOD: The period of performance is (6) six months with an option to renew for an additional (3) three months as needed due to operational requirements. The lease period will commence upon completed commissioning and full operation of generators.

DELIVERY: Generators are to be delivered to:

Alexandria Veterans Affairs Health Care System 2495 Shreveport HWY Pineville, Louisiana 71360

Engineering Services and Maintenance and Operations Personnel will be onsite for delivery and to verify set-up procedures.

B. GENERAL REQUIREMENTS:

This project will provide a Rental/Lease of Temporary Emergency backup generators for use at the ALXVAHCS.

1. Provide service and corrective maintenance on all supplied equipment during the rental.

2. Contractor shall perform electrical connections with limited assistance from the ALXVAHCS engineering electrical personnel on the generator feed for a rapid deployment capability in the event of need.

3. Contractor shall instruct Maintenance and Operations Personnel (facility electricians) on Operations of generator packages and provide technical support contact 24 Hours per day for the duration of the Lease.

INSTALLATION TIME:

a. All installation of temporary generator packages work shall be completed within 7 calendar days after “Notice to Proceed” is received by the Contractor.

b. Most work will be performed during the hours of 8:00 AM and 4:30 PM, Monday through Friday, exclusive of Federal Holidays. Some work outside of normal hours of operations may be necessary i.e., Electrical connections must be coordinated with the project Contracting Officer Representative (COR) and/or the Maintenance and Operations shop Supervisor.

SPECIAL CONSIDERATIONS BY THE CONTRACTOR:

All disposal costs and fees for debris removal will be the contractor’s responsibility.

a. The contractor will be responsible for cleanliness of the building area both interior and exterior upon completion of install and removal of supplied equipment and components.

b. The contractor shall take precautions to protect the Parking lot and roadways.

c. The contractor will be responsible for damages caused to the existing Parking lots, roadways, signage and grounds.

SAFETY CONSIDERATIONS:

Contractor’s workmen shall provide and utilize all safety requirements in accordance with OSHA, NEC, NFPA and VA regulations during all phases of the work.

Site shall be kept clean and free from debris at all times and contractor shall remove debris from the health care system property. Contractor will not be allowed to use Government tools, materials, and/or labor for this project unless a critical failure will occur. Coordination of needed items must be communicated to the CO/COR and approval must be granted by the Chief, Engineering Services.

FIRE PROTECTION DURING CONSTRUCTION:

a. Coordinate with the facility prior to and throughout the installation and removal periods.

b. Fire protection during construction shall comply with VA Master Construction Specification (VAMCS) 01 00 00, General Requirements. (Note: VAMCS 01 00 00, General Requirements, addresses NFPA 241, Joint Commission Interim Life Safety Measures, Hot Work Permits. This specification section was formerly section 01010.)

c. Phase installation as necessary to ensure that obstruction of exits is minimized or avoided. If exits are obstructed during installation, provide alternate exit routes during each phase of installation, and identify the alternate routes on site.

d. Minimize or avoid disruptions to fire alarm and sprinkler systems. Delineate phasing to ensure that installations of new systems are expedited, and where possible, maintain existing systems in service until the replacement system is operational. If fire protection systems are to be disrupted, ensure procedures are incorporated to maintain equivalent levels of fire protection and provide formal notification to the facility while systems are down. All work is to be performed in strict compliance with the SOW.

COVID PROTOCOL:

COVID screening: For those visiting the Medical Center for the first time, please be aware COVID screening at 2 entrances (North and Main) of the 3 at the facility is on-going. The south entrance has been closed since COVID screening began. The questions that will be asked at the entrance are shown on the VA COVID screening tool website www.va.gov/covid19screen. VA employees and contractors can use the screening tool before arriving in the morning to expedite the screening process. The employee or contractor will receive the following pop-up on their screen if they provide the appropriate answer to all COVID symptom questions:

This screen can be shown at the entrance checkpoint to reduce admittance waiting time. Everyone must have a mask upon entry to the facility and the mask must always be worn while on site. Social distancing and all other CDC guidelines are practiced here.

(End of B.4)

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

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 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(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.

[X] 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.

[X] 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 Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[X] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[X] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[X] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes .

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Department of Veterans Affairs Alexandria Veterans Affairs HCS 2495 Shreveport Highway Pineville, Louisiana 71360

(End of Clause)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

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

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

(End of Addendum to 52.212-4) http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2021) (JUL 2020) (DEVIATION)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (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 items:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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. (JUN 2020) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[X] (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.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) 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.

[X] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (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 (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (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) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

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

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020)

(DEVIATION) (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.

[X] (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.

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

[X] (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 (OCT 2020) (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 (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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)).