S02 - SF1449 Solicitation 36C24623Q0283.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

659-23-1-6047-0016

36C24623Q0283 01-30-2023

Daniel Spaulding 757-315-3964 02-03-2023

05:30PM EST

Department of Veterans Affairs

Network Contracting Office 6

100 Emancipation Drive

Hampton VA 23667

X

238210

$16.5 Million

N/A

X

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

512-460-5049 512-460-5221

X

See CONTINUATION Page

Title: Siemens Desigo CC Building Automation System

Maintenance Contract

Location: Salisbury VA Medical Center (Salisbury, NC)

This is a combined synopsis/solicitation request for quotes.

Base Period: February 15, 2023 through December 31, 2023

Option Year One: January 01, 2024 through December 31, 2024

Option Year Two: January 01, 2025 through December 31, 2025

See CONTINUATION Page

See Continuation Page

X X

36C24623Q0283

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 PERFORMANCE WORK STATEMENT

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 21

C.4 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 25

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 INSTRUCTIONS TO OFFERORS AND EVALUATION CRITERIA

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 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (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:

b. GOVERNMENT: Contracting Officer 36C246

100 Emancipation Drive

Hampton VA 23667

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] Quarterly

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.

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

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

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

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT

Siemens Desigo CC Building Automation System Maintenance

Any proposals MUST include ALL work to provide a complete and finished product.

When work is completed with this project, it is expected the Government will be able to take full benefit of the finished product without additional work required

PLACE OF PERFORMANCE: W. G. Hefner Medical Center, 1601 Brenner Ave. Salisbury, NC

28144

PERIOD OF PERFORMANCE: Base Year – February 15, 2023 thru December 31, 2023

Option Yr 1 – January 1, 2024 thru December 31, 2024

Option Yr 2 – January 1, 2025 thru December 31, 2025

ELECTRONIC SPECIFICATIONS AND DRAWINGS: There are no drawings or specifications required.

SPECIFICATIONS FOR GUARANTEE PERIOD SERVICES: Planned maintenance to be performed during normal business hours (7:00 a.m. – 5:00 p.m. Monday thru Friday).

CONTRACTOR TRADE: A professional mechanical contractor will bid as prime contractor.

SECURITY: The C&A requirements do not apply. This acquisition does not require services that involve connection of one or more contractor-owned IT devices (such as a laptop computer or remote connection from a contractor system) to a VA internal trusted (i.e., non-public) network. A Security Accreditation Package is not required.

TECHNICAL REQUIREMENTS:

Calibration Services Calibration / Verification Services. Calibrate / verify critical HVAC instrumentation on an annual basis.

These devices, by nature, drift out of calibration with changes in building use, time, and climatic conditions.

Calibration services ensure critical measurements are within the tolerances your processes require. You will benefit from decreased downtime resulting from out-of-tolerance environmental conditions and reduced energy use. Perform calibration per our documented quality manual founded on ANSI/NCSL standards Z540 and various NCSL recommended practices. Documentation. After completion of any service, Communicate via an onsite meeting with staff and then follow-up with required documentation.

Each visit will be recorded on a site log. The frequency and instrumentation covered is itemized in the List of Maintained Equipment.

End to End Services Scheduled operating inspections of system field devices improve system performance, efficiency, reliability and operating conditions. Analog outputs drift out of specification over time. This operational inspection and adjustment of devices such as (dampers, valves, actuators) will drive each device from 0% to 100%.

Adjustments are made during the inspection to improve system efficiency and accuracy. Any defective equipment will be identified and serviced appropriately based on its coverage. Minor adjustments will be made during this inspection and major component failures will be brought the attention of facility staff.

The frequency and instrumentation covered is itemized in the List of Maintained Equipment.

Software Subscription Service - Desigo CC Provide software upgrades to existing Siemens Desigo CC software as they are released.

These upgrades include both Service Releases and all New Version Releases of Software.

Provide corresponding support documentation outlining the features of the releases. Included is training to help to familiarize you with the new features along with their associated benefits.

Firmware Updates Provide firmware and documentation updates to existing field panels upon development. The included training will familiarize you with the new features and their associated benefits.

Data Backup and Restore Services Perform scheduled database backups of your workstation database and graphics and/or field panel databases and provide safe storage of this critical business information. Should a catastrophic event occur, respond onsite (or online if such service is included in this service agreement) to reload the databases and system files from our stored backup copy, to restore your operation as soon as possible. The equipment to be included as part of this service is itemized in the List of Maintained Equipment in this service agreement.

Service Technician Flex Days Siemens will manage a team of trained and experienced automation service specialists who will deliver flexible support services. This service program includes (36 customer directed support days per year) during normal business hours (Monday through Friday, 8am-5pm). An onsite log will be maintained for recording and responding to customer requests and system issues. Your Siemens service team will work with you to deliver the greatest value out of this flexible program. Common services including but are not limited to the following:

• Enhanced Alarm Programing

• Advanced Graphics Modifications

• Special Projects

Emergency Response Times – Automation Emergency Online/Phone Response Premium Monday through Sunday, 24 Hours per Day System and software troubleshooting, and diagnostics will be provided remotely to enable faster response to emergency service requests and to reduce the costs and disruptions of downtime. Respond within 2 hours, Monday through Sunday, 24 hours per day, including Holidays, upon receiving notification of an emergency, as determined by your staff.

Where applicable, Furnish and install the necessary online service technology to enable the ability to remotely access into system, through a communications protocol (internet connection or dedicated telephone line) that will be provided by the facility. Where remote access is not available to the system, Provide phone support to staff to assist in onsite troubleshooting and diagnosis. If remote diagnostics determine a site visit is required to resolve the problem, a technician can be dispatched.

Depending on your contract coverage, the on-site dispatch will be covered or will be a billable service call.

Emergency On-site Response Premium Monday through Sunday, 24 hours a day, Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime when an unexpected problem does occur. Siemens will provide this service between scheduled service calls and respond onsite at your facility within 4 hours for emergency conditions, as determined by your staff and Siemens, Monday through Sunday, 24 hours per day, including Holidays, upon receiving notification of an emergency. Non-emergency conditions, as determined by your staff and may be incorporated into the next scheduled service call.

EQUIPMENT LIST:

Preventative Maintenance, Repair and Replacement, Firmware and Backup Equipment List Bldg # Equipment Type Qty Equipment Description

1 PXCC 1 Network Control Panel 2 PXCC 3 Network Control Panel 2 PXCM 5 Network Control Panel 2 DXR 94 Terminal Box Controller 2 RPM 24 Room Pressure Monitor 3 PXCC 6 Network Control Panel 3 DXR 144 Terminal Box Controller 4 PXCC 1 Network Control Panel 5 PXCC 5 Network Control Panel 6 PXCC 6 Network Control Panel 7 PXCM 2 Network Control Panel 7 PXCC 1 Network Control Panel 7 DXR 51 Terminal Box Controller 8 PXCM 3 Network Control Panel

8 DXR 122 Terminal Box Controller 11 PXCC 1 Network Control Panel 16 PXCC 1 Network Control Panel 17 PXCC 1 Network Control Panel 20 PXCC 1 Network Control Panel 20 PXCM 1 Network Control Panel 20 DXR 24 Terminal Box Controller 21 PXCC 7 Network Control Panel 31 PXCM 1 Network Control Panel 31 Desigo Server Software 1 Graphical User Interface Database 31 Desigo Advanced Clients Software 4 Workstation Licenses 31 BMS Server Computer 1 BMS Server 31 BMS Client Computer 2 BMS Client Computer / Workstation 42 PXCC 9 Network Control Panel 43 PXCC 2 Network Control Panel 43 DXR 33 Terminal Box Controller ED PXCM 1 Network Control Panel

Calibration and End to End Equipment List

Bldg # Mechanical Equipment Name Calibration / End to End Verification Frequency 1 Chilled Water Pumping - Bldg 1 Temp / Humidity / Flow / DDC Actuation Annually 2 Chilled Water Pumping - Bldg 2 Temp / Humidity / Flow / DDC Actuation Annually 2 Heat Exchanger #1 Temp / Humidity / Flow / DDC Actuation Annually 2 AHU 2.3 Temp / Humidity / Flow / DDC Actuation Annually 2 AHU 4 Temp / Humidity / Flow / DDC Actuation Annually 2 RTU 11 Temp / Humidity / Flow / DDC Actuation Annually 2 AHU 2.2 Temp / Humidity / Flow / DDC Actuation Annually 2 RPM Temp / Humidity / Flow / DDC Actuation Annually 3 AHU - 16 Temp / Humidity / Flow / DDC Actuation Annually 3 AHU - 17 Temp / Humidity / Flow / DDC Actuation Annually 3 AHU - 18 & HW System Temp / Humidity / Flow / DDC Actuation Annually 3 AHU - 19 & HW System Temp / Humidity / Flow / DDC Actuation Annually 3 Chilled Water Pumping - Bldg 3 Temp / Humidity / Flow / DDC Actuation Annually 4 Chilled Water Pumping - Bldg 4 Temp / Humidity / Flow / DDC Actuation Annually 5 Chilled Water Pumping - Bldg 5 Temp / Humidity / Flow / DDC Actuation Annually 6 Chilled Water Pumping - Bldg 6 Temp / Humidity / Flow / DDC Actuation Annually 7 AHU - 1 Temp / Humidity / Flow / DDC Actuation Annually 7 AHU - 2 Temp / Humidity / Flow / DDC Actuation Annually 7 AHU - 3 Temp / Humidity / Flow / DDC Actuation Annually 7 Heat Exchanger Temp / Humidity / Flow / DDC Actuation Annually 8 Chilled Water Pumping - Bldg 8 Temp / Humidity / Flow / DDC Actuation Annually 8 Heat Exchanger Temp / Humidity / Flow / DDC Actuation Annually 8 AHU-1 Temp / Humidity / Flow / DDC Actuation Annually 8 AHU-2 Temp / Humidity / Flow / DDC Actuation Annually 8 AHU-3 Temp / Humidity / Flow / DDC Actuation Annually 11 Chilled Water Pumping - Bldg 11 Temp / Humidity / Flow / DDC Actuation Annually 20 Chilled Water Pumping - Bldg 20 Temp / Humidity / Flow / DDC Actuation Annually 20 AHU 1 & 2 Temp / Humidity / Flow / DDC Actuation Annually 20 Hot Water System Temp / Humidity / Flow / DDC Actuation Annually 21 AHU - 1 Temp / Humidity / Flow / DDC Actuation Annually 21 AHU - 2 Temp / Humidity / Flow / DDC Actuation Annually 21 AHU - 3 Temp / Humidity / Flow / DDC Actuation Annually 21 AHU - 4 & HW System Temp / Humidity / Flow / DDC Actuation Annually

21 AHU - 5 Temp / Humidity / Flow / DDC Actuation Annually 21 AHU - 6 Temp / Humidity / Flow / DDC Actuation Annually 21 AHU - 7 Temp / Humidity / Flow / DDC Actuation Annually 21 Chilled Water Pumping - Bldg 21 Temp / Humidity / Flow / DDC Actuation Annually 31 Chiller Plant Temp / Humidity / Flow / DDC Actuation Annually 42 AHU - 1 Temp / Humidity / Flow / DDC Actuation Annually 42 AHU - 2 Temp / Humidity / Flow / DDC Actuation Annually 42 AHU - 3 Temp / Humidity / Flow / DDC Actuation Annually 42 AHU - 4 Temp / Humidity / Flow / DDC Actuation Annually 42 Hot Water System Temp / Humidity / Flow / DDC Actuation Annually 42 Chilled Water Pumping - Bldg 42 Temp / Humidity / Flow / DDC Actuation Annually 42 AHU - 5 Temp / Humidity / Flow / DDC Actuation Annually 42 AHU - 6 Temp / Humidity / Flow / DDC Actuation Annually 42 AHU - 7 Temp / Humidity / Flow / DDC Actuation Annually 42 AHU - 9 Temp / Humidity / Flow / DDC Actuation Annually 42 Hot Water System Temp / Humidity / Flow / DDC Actuation Annually 43 AHU - 8 Temp / Humidity / Flow / DDC Actuation Annually 43 Hot Water System Temp / Humidity / Flow / DDC Actuation Annually 43 Chilled Water Pumping - Bldg 43 Temp / Humidity / Flow / DDC Actuation Annually

TB, Flu, OSHA, COVID-19 REQUIREMENTS, AND BADGING REQUIREMENTS:

TB – The Contractor shall comply with the Federal/California OSHA Blood borne Pathogens

Standard. Negative Results WITHIN 90 DAYS are required for badging.

The Contractor shall:

a) Have methods by which all employees are educated as to risks associated with blood borne pathogens.

b) Have policies and procedures which reduce the risk of employee exposure to blood borne pathogens.

c) Have mechanisms for employee counseling and treatment following exposure to blood borne pathogens.

Provide appropriate personal protective equipment/clothing such as gloves, gowns, masks, protective eyewear, and mouthpieces for the employee during performance of the contract.

Flu – Flu Shot or Mask (November 30th to March 31st)

• The Contractor shall comply with the W. G. Hefner Medical Center VA Directive 1192 requirements for Flu Shots. All Construction Contractors and Maintenance Contractors working on Site must either have a Flu Shot or wear a mask regardless of interaction with patient areas.

• Personnel must produce a flu shot record or will have to wear a mask while on property.

OSHA – The Contractor shall comply with the Federal Guidelines. A minimum of 10 hours training is required.

COVID-19 – Every person badged will produce evidence of vaccine doses (2 for vaccines requiring 2 doses: 1 for vaccines requiring 1).

• Those whom the contractor determines to be exempt shall be tested at the contractor’s expense once a week. The Contractor is responsible for reporting the test results to the

COR.

• In neither case, vaccination, or testing, will the cost be the government responsibility nor is vaccination or testing grounds for any maintenance delays.

• All contractors will follow the station’s current masking guidance.

• Disregarding COVID protocols outlined here is grounds for immediate ejection from campus.

Per current VA guidelines mandatory COVID-19 screenings are being enforced at entrances throughout all VA Medical centers and associated Health Care Centers (HCC) and Community

Based Outpatient Clinics (CBOC).

Facilities are also enforcing singular entrance to buildings where the screenings are being done to all who enter. If you are contracted to perform work within a timeframe of the current COVID-

19 outbreak, please make appropriate preparations.

Facilities are enforcing the wearing of face mask while on government property.

Performance of contractual duties is required unless there are interruptions or reasons to prohibit performance. In that circumstance, please work with the Contracting Officer (CO) and

Contracting Officer Representative (COR) for guidance.

BADGING REQUIREMENTS FOR SALISBURY VAMC:

All contract workers are required to obtain and wear a Personal Identification Verification (PIV) Badge. The badge must always be visible while worker is on the VA Medical Center campus.

1. This document applies to all new and renewal of badges. Badging is required prior to new Contractors beginning newly awarded Maintenance Contracts.

2. Badges are renewed just prior to their expiration. It is the duty of the Contract Supervisor to ensure badges are renewed prior to expiration. Updated OSHA, TB testing, and flu shot (if during flu season) will be required for renewals.

3. Two (2) forms of Identification are required:

a. Valid State ID.

b. Work Visa

c. INS Social Security card with “Valid for Work Purposes Only”.

d. Non- U.S. Passport with INS paperwork validating their right to work in the US.

e. Naturalized Card: Must be carried by the worker always while on property.

PAYMENTS:

Payments will be made in arrears following the receipt of the invoice and the monthly summary report.

B.5 SPECIAL CONTRACT REQUIREMENTS

1.0 KEY PERSONNEL

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

2.0 WORK HOURS

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on a Federal Holiday or during off duty hours as described below.

The following terms have the following meanings:

(1) Normal working hours: Monday through Friday, 7:00 a.m. – 5:00 p.m., excluding federal holidays.

(2) Federal Holidays: The 11 holidays observed by the Federal Government are:

New Year’s Day Martin Luther King’s Day President’s Day Memorial Day Juneteenth Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas

Any other day specifically declared by the President of the United States to be a federal holiday.

When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

3.0 BILLING AND PAYMENT

Invoices shall be submitted monthly, in arrears, and shall include at a minimum:

Date of invoice, Contract Number, Purchase Order Number, Vendor Name, Invoice Number CLIN & Date of service.

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

The contractor shall submit payment requests in electronic form via VA’s Electronic Invoice Presentment & Payment System. See Web site at http://www.fsc.va.gov/einvoice.asp

4.0 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

(a) FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor

Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information

Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether the Contractor agrees with the evaluation, before returning the report to the

Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for

Contractor Representatives may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason http://www.cpars.gov/ http://www.cpars.gov/ you are unable to view and/or submit the form through CPARS, contact the Contracting

Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

5.0 CONTRACT ADMINISTRATION

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

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

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

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

POINTS OF CONTACT

Contracting Officer (CO) Daniel Spaulding Department of Veterans Affairs VISN 6 Network Contracting Office 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 757-728-6011 Fax 757-728-3132

Contracting Officer’s Representative (COR) Donald Fechtner Department of Veterans Affairs 1601 Brenner Ave Salisbury NC 28144 704-638-9000 Ext.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

4.00 JB __________________ __________________

Siemens Building Automation System Maintenance Services in accordance with the Performance Work Statement.

Contract Period: Base POP Begin: 02-15-2023 POP End: 12-31-2023 PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components in accordance with the Performance Work Statement.

Contract Period: Option 1 POP Begin: 01-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, in accordance with the Performance Work Statement.

Contract Period: Option 2 POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, GRAND TOTAL __________________

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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

(End of Clause)

C.4 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause—

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID

Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal

Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task

Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of Clause)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

https://www.saferfederalworkforce.gov/contractors/

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

[] 852.214–73,…