Solicitation 36C24222Q0364.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. DUNS: DUNS+4:

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

630-22-1-6485-0008

36C24222Q0364 02-11-2022

MILLS, BRAD | William.Mills4@va.gov 914.737.4400 x202074 02-23-2022

5:00 PM EST

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

X 100

X

811310

$8 Million

N/A

X

See Delivery Schedule

36C242

Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page

This requirement is for the Annual Generator Load Bank Testing Service for the VA New York Harbor Healthcare System at the Brooklyn and St Albans campuses. See Statement of Work, Price/Cost Schedule, and Delivery Schedule.

Performance period is for 46 days (03-01-2022 through 04-15-2022) with scope including any corrective maintenance repairs identified from the Load Bank Testing (definitized by contract modification).

See CONTINUATION Page

630-3620162-6485-850100-2543 0100501X6

X X

X 1

BRAD MILLS

Contracting Officer

36C24222Q0364

Table of Contents

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

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

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

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.6 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

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

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 SCA WAGE DETERMINATION

D.2 DBA WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: Organization Name: _______________________________

Organization Address: _______________________________ City, State, Zip: _______________________________ POC Name: _______________________________ POC Email: _______________________________ POC Phone: _______________________________

b. GOVERNMENT: Contracting Officer 36C242 Brad Mills | William.Mills4@va.gov

Network Contracting Office 2 James J. Peters VA Medical Center

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] Within 30 days of work completion

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.

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

A. TITLE: Generator Annual Testing and Corrective Repair Service

B. BACKGROUND: The Department of Veterans Affairs, New York Harbor Healthcare System Engineering Service seeks to acquire testing and annual service for fifteen (15) generators listed herein. All work will be performed in compliance with Joint Commission (JTC) and National Fire Protection Association (NFPA) 110 requirements. The Brooklyn campus and St. Albans CLC generators are designed to provide back-up electrical power during an unforeseen outage of the primary electrical source and minimize additional disruptions to critical services.

C. SCOPE: The Contractor shall provide qualified maintenance labor, equipment, tools, materials, parts, supplies, transportation, supervision, any other items, and non-personal services deemed necessary to perform load bank testing services on the following fifteen generators and provide any corrective maintenance repairs on any issues identified:

BROOKLYN CAMPUS

Equipment Location Make/Rating Model Serial No. PM Frequency

Emergency Diesel Generators

Main Generator Main Generator Caterpillar 2025KW 3516B YAT00416 Annual

Bldg. 4 (Engineering) A-Board Generator Caterpillar 2200KW 3516B 1HN00551 Annual

Outpatient Clinic Generator

OPC Generator Caterpillar 600KW 3508 23Z06777 Annual

Building 14 (Data Center)

Bldg. 14 Data Center Generator Caterpillar

400KW

3456 CER00472 Annual

Building 13 Bldg. 13 Critical Care Generator MTU Onsite Energy 250KW

6R1600 DS250 16301004459 Annual

ST ALBANS CLC

Equipment Location Make Model Serial No. PM Frequency

Emergency Diesel Generators

Bldg. 64 Boiler Plant Upper Level Caterpillar 300KW C9 CAT000C9E

NGP00992 Annual

Bldg. 64 Boiler Plant Lower Level Caterpillar 1000KW C32 JSJ03348 Annual

Bldg. 174 (serves Bldg. 173 - Laundry) Caterpillar 750KW C27 2A300225 Annual

Bldg. 167 (serves Bldgs. 85-87) Caterpillar 150KW D150-10 CAT00C71LL

7C00429 Annual

Bldg. 88 (serves Commissary) Caterpillar 500KW C15 CAT00C15K

NAP0599 Annual

Bldg. 88 (serves Domiciliary area) Caterpillar 200KW D200-2 CAT00C71CE

TG00540 Annual

Bldg. 89 Basement Caterpillar 150KW D150-10 CAT00C71V L7C00430 Annual

Bldg. 168 (serves Bldgs. 91-93) Caterpillar 150KW D150-10 CAT00C71A

L7C00428 Annual

Emergency Gas Generators

Guard Shack (Police) Caterpillar 150KW DG 30-2 CAT00G30A NB W00138 Annual

Pump Station Cummins 300KW G300LG 6 GXJ04856- OLY00000 Annual

D. PLACE OF PERFORMANCE: The generators listed above are located at the following two locations:

New York Harbor Healthcare System – Brooklyn Campus 800 Poly Place Brooklyn, NY 11209

Department of Veterans Affairs New York Harbor Healthcare System – St. Albans CLC 179-00 Linden Blvd.

Jamaica, NY 11425

All required deliveries are to be delivered to the warehouse/loading dock at the respective locations.

E. PERIOD OF PERFORMANCE: The Annual Load Bank Testing service shall be completed within 30 days of notice to proceed. Notice to proceed is anticipated to occur no later than seven days of contract award effective date. All corrective maintenance repair services shall be completed within 150 days of contract award effective date. Any circumstances that requires extending the contract shall be coordinated with the Contracting Officer within two weeks of contract expiration date. This requirement is a one-time service and does include option years.

F. TYPE OF CONTRACT: The government will award a firm fixed-priced contract.

G. SECURITY:

1. Privacy Requirements: This requirement was assessed for Information Security per Handbook 6500.6

Appendix A and no IT Contract Security clauses, as found in VA Handbook 6500.6 Appendix C, are applicable. The C&A requirements do not apply, and a Security Accreditation Package is not required.

2. Contractor Rules of Behavior: This contract requirement does not require contractor personnel to review and sign the Contractor Rules of Behavior language as found in Handbook 6500.6 Appendix D.

3. VA Privacy Training: This requirement was assessed for VA Privacy Training per Handbook 6500.6 Appendix A and no privacy training requirements are identified.

4. Business Associate Agreement: This contract requirement does not require a Business Associate Agreement.

H. VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

4. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract

Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

I. SAFETY: All work shall comply with OSHA safety standards, Joint Commission (JTC), NFPA 110 and

NFPA 70/NEC.

https://www.va.gov/covid19screen/ https://www.va.gov/covid19screen/

J. CONTRACTOR QUALIFICATIONS:

1. The Contractor shall have technical training and track records of proven experience with generator operations and load banking and annual service for a minimum of five (5) continuous years.

2. The Contractor shall have safety training – either on-the-job or classroom type in electrical safety outlined in the OSHA Standard 29 Code of Federal Regulations (CFR) 1910 Subpart S – Electrical and NFPA 70E – Standard of Electrical Safety in the Workplace. Training certifications shall be submitted to the VA Contracting Officer prior to work. If no training certificates are available, the Contractor’s employer shall certify that the service technician has met this requirement and submit it to the VA Contracting Officer.

3. The Contractor shall contact the maintenance supervisor of each site to schedule the load bank test and annual service. Supervisors contact information can be found under VA Engineering Service Point of Contact section herewith.

K. GENERAL REQUIREMENTS:

1. A post-award site visit will be required to determine parking, pathways, and proper connections to the generator units.

2. Prior to starting the generators, the Contractor shall perform a pre-run inspection to include checking the oil level, coolant level and a visual inspection of the motor/generator.

3. The Contractor will be required to furnish the load bank and make the necessary cable connections from the generator to the load bank. This may require parallel runs of cabling. In some locations, this may require barricades, safety cones or both.

4. Work shall be conducted on weekdays (Monday through Friday), between 6:00 a.m. to 4:00 p.m. Work shall not occur on Government holidays.

5. The work performed shall not interrupt any power to the buildings identified in this Statement of Work.

L. TASKS: Provided in the solicitation and resultant contract, the Contractor is required to furnish all labor and equipment to accomplish the task of load bank testing of fifteen generators and provide comprehensive reports.

1. The load banking shall meet the Joint Commission’s requirements, tested as follows:

a) 30% of nameplate rating for 2 hours, followed by

b) 50% of nameplate rating for 1 hour, followed by

c) 75% of nameplate ratings for 1 hour, plus warm up and cool down time for a total continuous run of 4 hours.

2. A written record shall be kept of each generator run. At 15-minute intervals, the following readings will be recorded:

a) Lube Oil Pressure

b) Water Temperature

c) Exhaust Temperature

d) Amperes

e) Volts

f) Frequency

The report will contain certification statements that each generator was load bank tested in accordance with manufacturer’s requirements.

M. CORRECTIVE MAINTENANCE REPAIRS:

1. The Contractor shall immediately notify the COR any repairs deemed necessary after completing inspections and/or testing and provide a quote within 10 calendar days. The quote shall itemize parts and labor hours per generator. Repairs shall not commence until an official modification is executed and provided by the Government to the Contractor. For individual corrective maintenance repairs, the work will be performed in accordance with a Government-approved technical instruction.

2. Wage Determination Applicability:

a) If the total estimated labor hours for corrective maintenance repairs is less than 32 work-hours to perform, the work shall be considered maintenance subject to the Service Contract Act (SCA).

b) If the total estimated labor hours for corrective maintenance repairs is 32 work-hours or more to perform, the work shall be considered repair work subject to the Davis Bacon Act (DBA).

N. ACCEPTANCE: VA personnel and Contractor personnel shall inspect the generators prior to the Contractor personnel leaving the facility. No invoices will be processed for payment prior to the completion of the POC inspection. The Contractor shall provide a complete written report of the load banking for each generator. Information in the report shall have the following data:

1. Company’s name, address, telephone number and fax number.

2. Name and signature of Contractors who performed the load bank.

3. VA purchase order number or Contract Number.

4. Date and time of work.

5. Generator building number.

6. Generator model, Engine model, Nameplate rating.

7. The fifteen-minute interval log that was recorded during the load bank.

8. Description of generator condition and any deficiencies, if any.

O. WARRANTY: The contractor shall guarantee that all work performed will be free from all defects in workmanship and materials and that all services and repairs will provide the capacities and characteristics specified. The contract further guarantees that if, during a period of one year from the date of the certificate of completion and acceptance of the work, any such defects will be repaired by the Contractor at his/her own cost.

End Statement of Work

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Annual Generator Load Bank Testing Service - Caterpillar 2025KW, Model 3516B, Serial Number YAT00416 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution Equipment Diesel Generator

Annual Generator Load Bank Testing Service - A-Board Generator

Caterpillar 2200KW, Model 3516B, Serial Number 1HN00551 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

Annual Generator Load Bank Testing Service - Caterpillar 600KW, Model

3508, Serial Number 23Z06777 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

Annual Generator Load Bank Testing Service - Caterpillar 400KW, Model

3456, Serial Number CER00472 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

Annual Generator Load Bank Testing Service - MTU Onsite Energy

250KW, Model 6R1600 DS250, Serial Number 16301004459 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

Annual Generator Load Bank Testing Service - Caterpillar 300KW, Model

C9, Serial Number CAT000C9ENGP00992 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

Annual Generator Load Bank Testing Service - Caterpillar 1000KW, Model C32, Serial Number JSJ03348 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

Annual Generator Load Bank Testing Service - Caterpillar 750KW, Model

C27, Serial Number 2A300225 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

Annual Generator Load Bank Testing Service - Caterpillar 150KW, Model

D150-10, Serial Number CAT00C71LL7C00429 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

Annual Generator Load Bank Testing Service - Caterpillar 500KW, Model

C15, Serial Number CAT00C15KNAP0599 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

Annual Generator Load Bank Testing Service - Caterpillar 200KW, Model

D200-2, Serial Number CAT00C71CETG00540 Contract Period: Base POP Begin: 03-01-2022

POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

D150-10, Serial Number CAT00C71VL7C00430 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

D150-10, Serial Number CAT00C71AL7C00428 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

DG 30-2, Serial Number CAT00G30ANB W00138 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

Gas Generator

Annual Generator Load Bank Testing Service - Cummins 300KW, Model G300LG 6, Serial Number GXJ04856-OLY00000 Contract Period: Base POP Begin: 03-01-2022 POP End: 04-15-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution

Gas Generator

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs NY Harbor Healthcare System, Brooklyn Campus 800 Poly Place Brooklyn, NY 11209 7104

USA

1.00

INSTRUCTIONS: Main Generator

0002 SHIP TO: Department of Veterans Affairs NY Harbor Healthcare System, Brooklyn Campus 800 Poly Place

INSTRUCTIONS: Bldg. 4 (Engineering)

0003 SHIP TO: Department of Veterans Affairs

Brooklyn Campus 800 Poly Place

INSTRUCTIONS: Outpatient Clinic Generator

0004 SHIP TO: Department of Veterans Affairs

Brooklyn Campus 800 Poly Place

INSTRUCTIONS: Building 14 (Data Center)

0005 SHIP TO: Department of Veterans Affairs

Brooklyn Campus

800 Poly Place

INSTRUCTIONS: Building 13 Critical Care

0006 SHIP TO: Department of Veterans Affairs NY Harbor Healthcare System, St Albans Campus 179-01 Linden Boulevard Jamaica, NY 11425 1428

INSTRUCTIONS: Bldg. 64 Boiler Plant Upper Level

0007 SHIP TO: Department of Veterans Affairs

Albans Campus 179-01 Linden Boulevard

INSTRUCTIONS: Bldg. 64 Boiler Plant Lower Level

0008 SHIP TO: Department of Veterans Affairs

Albans Campus 179-01 Linden Boulevard

INSTRUCTIONS: Bldg. 174 (serves Bldg. 173 -

Laundry)

0009 SHIP TO: Department of Veterans Affairs

Albans Campus 179-01 Linden Boulevard

INSTRUCTIONS: Bldg. 167 (serves Bldgs. 85-87)

0010 SHIP TO: Department of Veterans Affairs

Albans Campus 179-01 Linden Boulevard

INSTRUCTIONS: Bldg. 88 (serves Commissary)

0011 SHIP TO: Department of Veterans Affairs

Albans Campus 179-01 Linden Boulevard

INSTRUCTIONS: Bldg. 88 (serves Domiciliary area)

0012 SHIP TO: Department of Veterans Affairs 1.00

NY Harbor Healthcare System, St Albans Campus 179-01 Linden Boulevard

INSTRUCTIONS: Bldg. 89 Basement

0013 SHIP TO: Department of Veterans Affairs

Albans Campus 179-01 Linden Boulevard

INSTRUCTIONS: Bldg. 168 (serves Bldgs. 91-93)

0014 SHIP TO: Department of Veterans Affairs

Albans Campus 179-01 Linden Boulevard

INSTRUCTIONS: Guard Shack (Police)

0015 SHIP TO: Department of Veterans Affairs

Albans Campus 179-01 Linden Boulevard

INSTRUCTIONS: Pump Station

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS

MAY 2014

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 JAN 2022

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

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

OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

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

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 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.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

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

Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

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

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

(End of Clause)

C.6 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101…