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36C25923Q0398
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
36C259-22-AP-5463
666-23-3-683-0010
04-14-2023 Jerry Danso 303-712-5825 04-28-2023
1:00 PM
MDT
36C259 Department of Veterans Affairs Network Contracting Office
NCO 19
6162 South Willow Drive, Suite 300 Greenwood Village CO 80111
X
221122 1000 Employees
N/A
Department of Veterans Affairs Sheridan VA Medical Center
1898 Fort Rd Sheridan WY 82801 36C259 Department of Veterans Affairs Network Contracting Office
NCO 19
6162 South Willow Drive, Suite 300 Greenwood Village CO 80111
Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 1-877-353-9791 512-460-5221
See CONTINUATION Page Contractor shall provide for inspection, testing, , maintenance, and/or calibration of the Electrical Power Distribution System and all its components at the medical facility complex, approximately 599,477 square feet.
The voltages of connected loads include 480 V, 277 V, 208V and 120 V. The distribution voltage is 12.47KV
U.S. Dept. of Labor Wage Determination # 2015-5411 , rev 19 is applicable to this acquisition and resulting contract.
See Section C7 for Subcontracting Plan. Failure to complete subcontracting plan will be deemed noncompliant to the RFQ.
The FORM must be filled-out and signed by all vendors.
All questions must be received by 1:00 PM MST on 04/21/2023 An amendment will be issued to provide response by 04/28/23
All correspondence and offers must be sent to:
Jerry.danso@va.gov. Offers are due by 1pm MT on 05/05/2023.
See CONTINUATION Page
Timothy J. Myers Contracting Officer
Table of Contents
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PERFORMANCE WORK STATEMENT | 4 |
| B.3 PRICE/COST SCHEDULE | 17 |
| ITEM INFORMATION | 17 |
| SECTION C - CONTRACT CLAUSES | 19 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) | 19 |
| C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 25 |
| C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022) | 25 |
| C.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022) | 28 |
| C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 30 |
| C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 31 |
| C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022) | 31 |
| C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 33 |
| C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) | 34 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 42 |
| SECTION E - SOLICITATION PROVISIONS | 42 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) | 42 |
| All correspondence and offers must be sent to: jerry.danso@va.gov. Offers are due by 1pm MT on 04/28/2023. | 46 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 47 |
| E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 50 |
| E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 50 |
| See Section C7 for Subcontracting Plan. Failure to complete subcontracting plan will be deemed noncompliant to the RFQ. The FORM must be filled-out and signed by all vendors. | 51 |
| E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) | 52 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.1.1. Contract Administration: All contract administration matters will be handled by the following individuals:
B.1.1.1. CONTRACTOR:
Name:
Title:
Company:
Address:
Telephone#:
FAX #:
E-mail address:
B.1.1.2. GOVERNMENT:
Contracting Officer 36C259 Timothy Myers Email: Timothy.Myers5@va.gov Phone: 303-815-4785 Contract Specialist 36C259 Jerry Danso, jerry.danso@va.gov, Phone: 303-712-5761
B.1.2. 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 (SAM)
[ ] 52.232-36, Payment by Third Party B.1.3. GOVERNMENT INVOICE ADDRESS: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] MONTHLY IN ARREARS
B.1.4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically to the VA Financial Services Center for payment processing, free of charge. For any questions about the e-invoicing program, please contact the FSC at the phone number or email address listed below:
· OB10/Tungsten e-Invoice Setup Information: (877) 752-0900
· OB10/Tungsten e-Invoice email: USClientServices@ob10.com
· FSC e-Invoice Contact Information: (877) 353-9791
· FSC e-invoice email: vafsccshd@va.gov
· The following two codes will be required when creating a vendor profile in OB10:
OB10 Buyer Number AAA544240062 Promo Code: VAPC7Y18
B.1.5. Unique Entity Identifier Number (UEI): Please provide the Unique Entity Identifier Number assigned to your firm in the space provided:
B.1.6. TAX IDENTIFICATION NUMBER: Please provide the tax identification number to be utilized for this contract:
B.1.7. PERIOD OF PERFORMANCE: Services required herein shall be for the ESTIMATED following time-period:
BASE YEAR: April 20, 2023 – June 20, 2023 36C25923Q0342
Page 1 of Page 1 of
B.2 PERFORMANCE WORK STATEMENT
Inspect & Test Electrical Power Distribution System Sheridan VA Healthcare System
A. Background:
The Sheridan VA Healthcare System has a requirement for inspection, testing, maintenance, and/or calibration of the Electrical Power Distribution System and all its components at the medical facility complex, approximately 599,477 square feet. The voltages of connected loads include 480 V, 277 V, 208V and 120 V. The distribution voltage is 12.47 KV.
All work is to be completed prior to June 20, 2023.
**Requirement is only performed every three years. **
Location of Performance:
VA Medical Center 1898 Fort Road Sheridan, WY 82801
B. Period of Performance:
The work shall be performed during a two-week period mutually agreed to by the Contracting Officer’s Representative (COR) and/or the Sheridan VA Healthcare Systems (SVAHCS) Maintenance Supervisor. The Medical Center anticipates the majority of the test and calibration procedures to be performed at nights and on weekends. Times for all electrical outages will be scheduled by the COR and/or Maintenance Supervisor. All work and deliverables will be completed and submitted no later than June 20, 2023.
C. Coordination:
Shutdown of mechanical systems, fire alarm system, steam generation, chilled water system and other equipment shall be coordinated with the Maintenance Supervisor. Additional coordination shall be through the COR.
A set of drawings is available on site for inspection by the prospective offeror. The drawings reflect the overall layout and magnitude of the system as installed but may not be accurate due to subsequent construction changes. Therefore, a pre-proposal site visit is highly encouraged.
D. Scope of Work:
Electrical Systems and Equipment to be inspected, tested or exercised, and preventive maintenance accomplished to meet the VA Directive 1028 and NFPA 70E requirements.
Testing shall be as defined:
(1) All energized VA-owned electrical distribution systems from Montana Dakota Utilities Company (MDU), service through and including all main medium and low voltage circuit breakers and all other circuit breakers installed in the switchgear located throughout the medical center areas. Following are major panels:
(1)a. Building 64 DOM and Part of B4200a, 64-EG 400a, 64-1P1 64-1P2 64-2P1 64-3P-1
| (1)b. Building 71N Medical Center | ||
| PANEL SNEPI FROM EMERGENCY GENERATOR 71N | ||
| 225A | ATS4 | |
| 225A | ATS5 | |
| 225A | ATS6 | |
| 800A | ATS7 |
(1)c. 71N Square D, FROM TRANSFORMER T2 1600 A, 1000 KVA 480/277
| 800A, | ATS7 |
| 300A | ATS4 |
| 300A | ATS5 |
| 200A | CHILLER 71CCU1 |
| 200A | CHILLER 71CCU2 |
| 300A | ATS6 |
(1)d. TRANSFER SWITCHES FROM SNEP1
| 300A | ATS4 |
| 300A | ATS5 |
| 300A | ATS6 |
| 800A | ATS7 |
(1)e. PANEL XDNP1 FROM TRANSFORMER T3 400A 480/277 VAC
| 175A | RADIOGRAPHY CB1 |
| 175A | RADIOGRAPHY CB2 |
| 175A | RADIOGRAPHY CB3 |
(1)f. PANEL FDLP1 FROM ATS-4 480/277 VAC
| 50A | CLP1 RM118 |
| 50A | CLP2 RM 256 |
| 50A | CLP3 RM 314 |
| 100A | EGP1 Generator Room |
| 50A | DLP1 ROOM 109 |
| 50A | DLP2 ROOM 214 |
(1)g. PANEL FDCP1 FEED FROM ATS-5
| 50A | CCP1 East Entrance Vault |
| 50A | CCP2 Room 256 |
| 50A | CCP3 Room 314 |
| 70A | DCP2 Room 214 |
| 150A | DCPM Room 121 |
| 50A | DCP1 “unknown” |
(1)h. PANEL DQPP1 FROM ATS-6 480/277 VAC
| 150A | Elevator S2 East Entrance Elevator Room |
| 125A | DQPM Room 121 |
(1)i. PANEL DCPM From FDCP1
| 100A | 71-OV1 Room 113 |
| 30A | 71-MV1 Room 113 |
| 50A | 71-ME6 Room 113 |
| 50A | 71-MC1 Room 113 |
| 20 A | 71-C11 West Cooling Tower |
| 20A | 71-C12 East Cooling Tower |
(1)j. PANEL DQPM From FDQP1 480/277 VAC
| 40A | 71-P4 Room 113 |
| 40A | 71-P5 Room 113 |
| 40A | 71-P6 Room 113 |
| 15A | 71CP4 Room 113 |
| 50A | Ctrl Air Compressor Room 113 |
| 30A | Dumbwaiter 2nd floor Billing Room |
| 20A | HVAC Heat Tape |
| 25A | 25kva Transformer for DQLM Room 121 |
(1)k. PANEL DQLM From DQOM 240/120 VAC
(1)l. PANEL FDNP1 From ATS-7 480/277 VAC
| 100A | CNP2 | Room 256 |
| 100A | CNP3 Unknown | |
| 100A | CNP1 East entrance Vault | |
| 150A | DNP1 Room 109 | |
| 150A | MDNP1 Room 121 | |
| 50A | DNP3 Room 300 | |
| 200A | DNP2 Room 214 |
(1)m. MCC MDNP1 From FDNP1 480/277 VAC
| 30A | 71-P1 Room 113 |
| 30A | 71-P2 Room 113 |
| 50A | 71P7 Room 113 |
| 50A | 71P8 Room 113 |
| 15A | 71-EF42 Room 121 |
| 15A | 71-EF24 Room 113 |
| 15A | 71-EF25 Room 113 |
| 30A | West Cooling Tower |
| 30A | East Cooling Tower |
(1)n. Building 86 SNU, Canteen and Long Term Care.
PANEL 86-GA 225A MLO 120/208 Fed From 86-M4
PANEL 86-GB 225A 12O/208 VAC From 86EM 41 each 20A Breakers 1 each 15A Breakers
(1)o. PANEL 86-CR-1A 100A MLO 120/208 VAC from 86M2 19 each 20A Breakers
| 30A | Recpt. Room 111 |
| 30A | Recpt Room 111 |
| 30A | Motor “unknown” |
(1)p. PANEL 86-T 225A 120/208 VAC From 86M2 42 each 20A breakers
(1)q. PANEL 86-U 225A 120/208 VAC From 86M2
(1)r. PANEL 86-Q 100A MLO 120/208 VAC From 86-M5 20 each 15A Breakers 18 ach 20A Breakers
(1)s. PANEL 86-EQ-DP 400A MLO 120/208 VAC From ATS-86-EQ
| 20A | |
| 20A | Elevator 86A Disc by Transformer |
| 100A | |
| 100A | Elevator 86B Disc |
| 100A | |
| 150A | |
| 100A | 86-EQ-3 |
| 100A | |
| 100A | |
| 20A | Canteen Cameras |
| 100A | |
| 100A | |
| 100A | 86-EQ-BA |
| 200A |
(1)t. PANEL 86-M6 400A From MLO 120/208 VAC from ATS-86-LS and 86-LS-EG
| 100A | 86-LS-B1 100A MLO |
| 100A | 86-LS-1 MLO Feeding 86-LS-2 60A Feeding 86-LS-3 30A MLO |
| ???A | Elevator 86A Lighting |
(1)u. Panel 86-CR-BB 60A MLO
(1)v. PANEL 86-CR-DP 600A MLO Fed From ATS-86-CR
| 200A | 86-CR-P3 MLO |
| 100A | 86-CR-BA 225A MLO |
| 100A | 86-CR-1B 125A MLO |
| 100A | 86-CR-2B 125A MLO Feeding 86-CR-2A 60A MLO |
| 125A | 86-CR-1C Feeding 86-CR-1D 100A MLO |
| 200A | 86-CR-3 MLO |
(1)w. PANEL 86M2 1600A MLO 120/208 FROM 86M1?
| 200A | ATS-86-LS |
| 400A | Condenser |
| 400A | Chiller |
| 600A | 86-M5 |
| 600A | 86-M4 |
| 600A | 86-M3 |
| 400A | ATS-EQ |
| 400A | 86-M6 |
| 600A- | ATS-CR |
(1)x. TRANSFER SWITCHES
| ATS-86-EQ Feeding 86-EQ-DP Fed From 86-GEN-DP FROM GEN Disc #1 and 86M | 2 | |
| ATS-86-LS Feeding 86-LS-CP Fed From 86-GEN-DP FROM Disc #2 and 86M2 | ||
| ATS-86-CR Feeding 86-CR-DP Fed From 86-GEN-DP and 86M2 |
(1)y. PANEL 86M3 600A MLO 120/208 VAC Feed From 86M2
| 200A | 86O VAULTS (ROOM 025) |
| 400A | 86-M6 VAULT |
| 60A | Canteen AC |
| 200A | 86A and 86B Hall across from Rm 3 and Rm t0 |
| 200A | 86E Canteen & canteen Prep |
| 200A | 86K Canteen Kitchen |
| 200A | 86F Corridor |
| 100A | 86P1 in the Subbasement |
(1)z. PANEL 86-O 225A MLO 120/208 VAC From 86M3 60A 86J MLO Hall across from Room 3
(1)aa. PANEL 87-NLA 225A MLO 120/208 VAC located in room 160
(1)ab. PANEL 87-NLB 225A MLO 120/208 VAC located in room 143
(1)ac. PANEL 87-NLC 225A MLO 120/208 VAC located in room 103
(1)ad. PANEL 87-NLD 225A MLO 120/208 VAC located in room 130
(1)ae. PANEL 87-CRLA 100A MLO 120/208 VAC located in room 160
(1)af. PANEL 87-CRLB 100A MLO 120/208 VAC located in room 143
(1)ag. PANEL 87-CRLC 225A MLO 120/208 VAC located in room 103
(1)ah. PANEL 87-LSLA 100A MLO 120/208 VAC located in room 102
(1)ai. PANEL 87-LSLB 100A MLO 120/208 VAC located in room 160
(1)aj. PANEL 87-LSLC 100A MLO 120/208 VAC located in room 143
(1)ak. PANEL 87-LSLD 100A MLO 120/208 VAC located in room 130
(1)al. PANEL 87-EQLA 100A MLO 120/208 VAC located in room 103
(1)am. PANEL 87-EQLB 100A MLO 120/208 VAC located in room 130
(1)an. DISTRIBUTION PANEL 87-ELDP1 located in room 102
(1)ao. DISTRIBUTION PANEL 87-EQLDPA located in room 103
(1)ap. DISTRIBUTION PANEL 87-NLDPA located in room 102
(1)aq. DISTRIBUTION PANEL 87-CRLDPA located in room 103
(1)an. MAIN SWITCHGEAR SWGR located in room 102
(2) The emergency power electrical distribution systems including switchgear at the following locations:
Building 7 Mitsubishi 800 KW 208 VAC diesel generator.
Building 64, DOM and part of B4 Cummins 125 KW 208 VAC diesel generator.
Building 71N Medical Center Cummins 400 KW 460 VAC diesel generator
Building 71 Medical Center 350 KW Kohler 208/120 VAC diesel generator
Building 86 SNU, Long Term Care, Canteen, Occ Therapy 400 KW Cummins 208/120 VAC diesel generator
Building 90 Boiler Plant 400 KW Cummins 460/208/120 VAC diesel generator
Building 79 Water Treatment Plant 150 KW Generac 208 VAC propane generator
Building 1 Operations Center 130 KW , 460 VAC diesel generator
E. ELECTRICAL DISTRIBUTION SYSTEM
E.1 Inspection, Testing and Maintenance
The contractor shall:
(1) Inspect, test and provide maintenance of the electrical power distribution system and all of its components. Molded Case Circuit Breakers will be exercised only. All other breakers will be tested using standard PM inspection and testing procedures.
(3) Inspect, test and provide maintenance of the Normal Electrical system. The Life Safety Electrical system, the Critical electrical System, the emergency electrical power generation and distribution system to include the generators, switchgears and all components. This is an extensive test of the Medical Center’s Essential Electrical System (EES) conducted in coordination with Montana-Dakota Utilities (MDU), the local Utility Power Company (UPC). The main electrical switch is a fused air-break that the Sheridan VA owns and that will be used to de-energize and check the main switch gear. The switch shall remain open only for as long as is necessary. During this time, the EES will be tested, inspected, and EES operation recorded, including all related components. Deficiencies found in the EES shall be recorded with the immediate notification of the deficiency to the COR, Facilities Management. All written records shall describe work items, definitions, and references in compliance with the latest edition of the NETA and VHA Directive 2006 -056, Electrical Power Distribution System – Maintenance Testing Specifications.
(4) Ground Resistance Testing: Perform tests and provide a report of the transformer ground system resistance for each transformer on the VAMC main station, and at the Water treatment plant located on 5th street in Sheridan Wyoming. While wearing proper PPE, open each transformer, measure the ground system resistance, and document the results. Instrument shall equal an AEMC model 6416 Ground Clamp meter.
E.2 Electrical Equipment That Shall Be Inspected, and Tested
Description
1. Switchgear and Switchboard Assemblies.
2. Transformers, Dry Type, Air-Cooled, Low-voltage, Small.
3. Transformers, Dry Type, Air-Cooled, Low-voltage, Large.
4. Above ground switching cubicles
5. Switches, Air, Low-Voltage.
6. Switches, Air, Medium-Voltage, Metal-Enclosed.
7. Switches, SF6, Medium-Voltage.
8. Circuit Breakers, Air, Insulated-Case/ Molded-Case.
9. Circuit Breakers, Air, Low-Voltage Power.
10. Protective Relays, Mechanical, and Solid State.
11. Protective Relays, Microprocessor Based.
12. Grounding Systems.
13. Ground-fault Protection Systems.
14. Motor Control, Motor Starters, Low-Voltage.
15. Emergency Systems, Engine Generators -
E.3 Detailed Work Requirements For Specified Electrical Equipment.
Manuals and documents with operating, maintenance and specifications of the electrical equipment to be inspected, tested and maintained, if available, may be obtained from the VHA Medical Center Engineers. The contractor is responsible to obtain manuals not available at the Medical Center from the equipment manufacturers.
E.3.2 Dry-Type Transformers (Self or Forced Air Cooled)
(1) Perform an operational check.
(2) Check for dust accumulation on the horizontal surfaces of windings and internal leads. De-energize transformer and remove dust with vacuum cleaner or clean, dry nitrogen gas at a pressure of 25 to 50 psi. Remove corrosion from exposed metallic parts, and paint or apply corrosion inhibitor, as appropriate.
(3) Torque all connections to manufacturer’s specifications.
(4) Make sure terminal board contact surfaces are clean.
(5) Affix inspection labels.
E.3.3 Switchgear (Switchgear Equipment, Medium Voltage Circuit Breakers And Protective Relays, Low Voltage Circuit Breakers, Bus Bars)
E.3.3.1 Switchgear Equipment – General
(1) Record switchgear, breaker and device nameplate information and compare with the one—line diagram. Record discrepancies and correct one-line diagram as necessary. Fabricate and install nameplates where missing, broken or incorrect. New nameplates are to match existing similar ones in type and size.
(2) All low voltage breakers shall be exercised in conformance to manufacturer’s testing method.
(3) Primary testing method of circuit breakers will only be on the medium voltage breakers of the main distribution switch as per manufacturer’s recommendation (12.47 Kv).
(4) Inspect all electrical equipment, and report damaged, or malfunctioning equipment, loose connections or material, or any contamination that must be corrected.
(5) Check equipment for level, security to foundation, and operation of doors. Report any unfavorable environmental condition as such as excessive moisture or conducting dust that must be corrected. Clean where appropriate. Metal enclosed switchgear shall be de-energized and cleaned with a vacuum cleaner having an insulated nozzle. Insulators shall be cleaned. Remove oil deposits with approved solvent. Solvents containing hydrocarbons shall NOT be used on any plastic covered bus bars.
(6) Visually inspect the equipment ground and record the number and size of ground bus and straps. Report deficiencies.
(7) Perform insulation resistance test (using test voltage between 10 KV and 13.8 KV) and power factor test on all 12.47 KV cables. Record results. Compare to results from 2010 test report and comment on findings in written report.
(8) Affix inspection label.
E.3.3.2 Bus Bar And Bus Duct, Including Risers
(1) Inspect the insulation system on the primary bus and assemblies. Test insulation on each bus, phase-to-phase and phase-to-ground with suitable mega-ohmmeter. Record values, report deficiencies, and clean where appropriate.
(2) Bus Bars and Connection Bars - Inspect for overheating and loose connections. Check if bus is operating at a higher load than its rating. Torque all connections to manufacturer’s specifications.
(3) Conduct an infrared scan of all accessible bus bars and bus duct. Furnish a detailed report of findings with location of abnormal conditions to the Maintenance Supervisor.
(4) Perform insulation resistance test (using test voltage between 10 kv and 12.47 kv) on all 12.47 kv bus bars. Record results.
(5) Affix inspection labels to bus duct at transformers and switchgear.
E.3.3.3 Primary Disconnects
(1) De-energize entire substation, clean all insulating surfaces, and clean and dress all contacts. Measure contact resistance in micro-ohms, Megger each phase-to-ground. Record all readings. Clean and inspect cubicle, torque all untapped connections to manufacturer’s specifications, and lubricate as necessary.
(2) Examine contacts; check the amount of wipe in closing and opening. Contacts should be clean and bright. Clean and dress contacts as required. Check condition of arcing contacts for pitting and check condition of conductors if able to get into gas filled chamber. Damaged, burned or pitted laminated contacts shall be reported.
(3) Mechanisms: Check nuts and bolts for tightness. Check pins or cotter pins and determine they are in place, and that all cotter pins have sufficient spread. Reset or replace defective pins or cotter pins. Check mechanism rods and moving parts for binding. Operate the disconnect switch several times for a functional test of all parts. Lightly lubricate bearing points.
(4) Affix inspection labels.
E.3.3.4 Breakers
(1). Exercise all Molded Case Circuit Breakers. Manually close and trip each breaker. Trip each breaker with each of its protective devices. Test each breaker covered by this contract (all low voltage breakers in all switchgear) using breaker manufacturer’s approved SECONDARY injection method. All breakers in switchgear, including the main incoming switchgear near B106. shall also be tested using manufacturer’ s approved PRIMARY injection method. Torque all connections to manufacturer’s specification. Record any discrepancies.
(2). Insulation of high voltage elements and control connections shall be measured with a mega-ohmmeter (megger) and results recorded.
(3). Mechanisms - Check nuts and bolts for tightness. Check pins or cotter pins; determine they are in place, and that all cotter pins have sufficient spread. Reset or replace defective pins or cotter pins. Check mechanism rods and moving parts for binding. Operate the breaker several times for a functional test of all parts. Lightly lubricate bearing points with manufacturer recommended and approved lubricant.
(4). Tripping devices and trip latches - Check that parts move freely, and that the armature of each over current trip device has sufficient freedom of travel to assure release of the breaker latch. Check the calibration and reset if necessary to avoid nuisance tripping.
(5). Load current - Measure and report any that exceeds the ampere rating of the breaker.
(6). Voltage - Check and report operating voltage of electrically operated breakers.
(7). Clean and inspect each breaker. For breaker larger than 250A, megger phase-to-phase, and phase-to-ground, and measure contact resistance in micro-ohms. Do not disassemble breakers.
(8). Enclosed breakers - Examine enclosures, the operating handle should be functional. Inspect enclosure ground connection. Tighten any loose connections. Inspect all molded case circuit breakers for high interrupting capacity current limiting and ground fault protection. Report deficiencies. Check tripping of under-voltage devices. Contacts of auxiliary switches shall be adjusted as required or as indicated by inspection. Inspect breakers for overheating. Inspect equipment and each breaker and report damage, loose connections or material, or contamination that must be corrected. Clean where appropriate.
(9). Affix inspection labels.
(10). Adjustable molded case circuit breakers
E.3.3.5 Meters and Instruments
(1) Control switches: Perform a functional check of the control switches and the closing relays.
(2) Meters, Relays and Instruments shall be examined and checked for calibration. Report instruments out of calibration or that have broken glass or damaged cases. Clean, inspect, test and calibrate over current relays. Remove each relay from its case. Clean, inspect, and tighten all connections. Apply three multiples of relay tap current to each relay to verify manufacturer’s time current characteristics. Test each relay for instantaneous pickup. Affix dated and initialed calibration seals to all meters and instruments.
(3) Control and Instrument Transfer Switches - Check operation of control and instrument transfer switches; inspect all switch contacts. Equipment controlled by the switch that is infrequently operated shall be inspected, including an operational check of the controlled device.
(4) Indicating Lamps - Burned out lamps shall be replaced. VA will provide contractor with replacement bulbs or LED indicators.
(5) Test Blocks — Inspect for loose contacts and cracked bases or covers.
(6) Instrument Transformers — Inspect primary and secondary connections, grounding (of both frame and secondary) and potential transformer fuses. Tighten all loose connections.
E.4 Conduct and Phasing of Inspection, Testing and Maintenance
(1) The Registered Professional Engineer shall coordinate and discuss with the Chief, FMS and Maintenance Supervisor, the procedures used to inspect, test, and service the equipment covered under this contract. The contractor shall coordinate the work with the Maintenance Supervisor or his designee and shall immediately report the quantity and urgency for repair of any discrepancies found during the inspection.
(2) All outages shall be scheduled and approved in writing at least two weeks in advance. Outages shall be scheduled only at night and on weekends, unless otherwise approved by the Maintenance Supervisor or his designee. The additional cost for this work schedule, if any, shall be included in the bid price. Normal facility working hours are 7:30am – 4:00pm, Monday through Friday, holidays excepted.
(3) VA FMS Maintenance electricians will de-energize and re-energize circuits in accordance with the approved schedules.
(4) The VA will neither furnish personnel to assist the contractor in accomplishing his work nor furnish tools or equipment for the inspections.
(5) Contractor shall report deficiencies that are deemed critical or catastrophic found during inspection immediately to the Chief of Engineering Service for action.
(6) The contractor may be requested to perform emergency repair work on a continuous (including overtime) basis in the event that circuits cannot be energized after inspection and maintenance have been accomplished in accordance with the contract. Additional payment for subsequent charges will be arranged by the VA COR and VA Contracting Officer via change order or separate purchase order.
E. COMPREHENSIVE REPORT
The contractor shall deliver to the COR and/or CHIEF of FACILITIES MANAGEMENT a comprehensive report of the performance and results of the inspections, testing and maintenance within 45 days of completion of field work. The contractor’s Registered Professional Engineer shall validate and discuss the results of the services, any recommendations, future actions and professional opinions which are contained in the report.
The written report shall contain as a minimum:
1) Company’s name, address, telephone & FAX number.
2) Name and signature of contractors who perform the maintenance and testing.
3) Contract Number, Purchase Order Number, name and number of VA Contracting Officer and name and number of COR.
4) Date and Time of work.
5) A narrative summary of the general condition of the system; a compendium of all necessary repairs or equipment replacement that should be accomplished to place the system in at peak operating efficiency; list of actions to maintain compliance with all safety and OSHA regulations, including estimated costs with statements indicating the urgency of repair.
6) Copies of contractors’ valid licenses, professional and training certificates.
7) Descriptions and model number of specialized tools and equipment used, such as torque wrench or infra-red scanning camera.
8) Location, Type, Name, and nameplate information of electrical equipment to be maintained and tested.
9) Descriptions of work items.
10) Test data.
11) List of and digital copies of all reference materials such as equipment manufacturer’s specifications, coordination study, etc.
12) Status for all electrical equipment with findings, remarks and comments. List all deficiencies, if any.
13) Recommended corrective actions, if any.
The contractor shall deliver two (2) copies of the complete type written report in Microsoft Word, and one (1) copy on DVD of the electronic version of the Comprehensive Report to the COR within 45 days after the completion of all inspection and testing. All reference materials shall be included in the electronic version of the report, either through scanning or other means of electronic text import methods.
The contractor shall include all original copies of inspection sheets in ink indicating, where applicable, the type of equipment, the manufacturer of the equipment, location (room number), inspection tests and maintenance performed on the system and the values of all meter readings taken during the inspection and testing.
F. CONTRACTOR QUALIFICATIONS
The Contractor shall have technical training, past performance experience in maintenance, inspection, and testing of Electrical Power Distribution System and its components in healthcare, industrial, educational, or commercial facilities for a minimum of five (5) continuous years. The field service work shall be performed by Service Engineers who have successfully demonstrated their knowledge and experience in the Field of Electrical Power Distribution Systems Testing.
The Field Service Engineer shall be capable of:
(1) Testing, assessing, evaluating, servicing, and reconditioning electrical components.
(2) Assuring that the equipment on which work has been performed is safe, reliable and acceptable for its intended purpose.
(3) Identifying defective equipment and potential safety problems, environmental hazards, and code violations. Copies of the certification documentation for the Supervising Field Service Engineer supervising the work and signing the test reports and the must be provided to the Contracting Officer, before contract award. After contract award, similar data for all certified technicians who will be assigned to work on the project must also be submitted and approved before starting work on the contract.
The Contractor 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. The Supervising Field Service Engineer must be accredited as a Certified Electrical Test Technologist by the NICET (National Institute for Certification of Engineering Technologists), or the NETA (National Electrical Testing Association), and have a minimum of 5 years of experience on similar major testing projects. (Persons with educational qualifications, such as a BS or higher degree in electrical engineering, may be acceptable, provided they can demonstrate, to the satisfaction of the COR and/or Maintenance Supervisor, Sheridan VA Healthcare System, that they have the required specialized knowledge and at least five (5) years experience in testing switchgear and power distribution systems.) All electrical testing Technicians assigned to the project must be certified by NICET, NETA, or must have an equivalent qualification certification. (Persons who, by their education, training and specialized experience can qualify for certification but who have not yet applied or taken exams, may be acceptable provided they can demonstrate, to the satisfaction of the COR and/or Maintenance Supervisor, Sheridan VA Healthcare System, that they have the requisite specific knowledge and at least five (5) years of specialized experience.) Test assistants and apprentices may be assigned to the project as assistants to certified technicians at a ratio not to exceed one non-certified assistant or apprentice with two certified electrical technicians.
The Contractor shall have documented safety training – 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 COR prior to commencement of work. If no training certifications are available, the contractor shall certify in writing the names of supervisors and technicians and the training received. Submit the memorandum to the COR prior to work.
The Contractor shall have their own professional references with the most current version/edition of the following:
(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.
The Contractor shall provide all 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.
G. Contractor Registration: The contractor must have current registration through System for Award Management (SAM), https://www.uscontractorregistration.com/
H. Pre-Service Meeting:
A. After contract award contractor shall contact the COR and coordinate access and schedule of work to be performed.
I. Contracting Officers Representative (COR):
TBD
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
Electrical Systems and Equipment to be inspected, tested or exercised, and preventive maintenance accomplished to meet the VA Directive 1028 and NFPA 70E requirements.
Contract Period: Base POP Begin: 05-20-2023 POP End: 06-20-2023 PRINCIPAL NAICS CODE: 221122 - Electric Power Distribution PRODUCT/SERVICE CODE: H359 - Inspection - Electrical and Electronic Equipment Components
| GRAND TOTAL |
| __________________ |
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)
(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. 4701 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.
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