ARC FLASH SHOCK HAZARD ANALYSIS
Added: May 05, 2016 2:16 pm Services for 621-16-124 Perform NFPA 70E Low Voltage Dist. Arc Flash Shock Hazard Analysis Mountain Home VA Health Care System Mountain Home, Tennessee 37684 GENERAL 1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is seeking contractors to perform NFPA 70e Low Voltage Distribution Arc Flash Shock Hazard Analysis at the Mtn Home VAMC, Mtn Home, TN. 2. Contract Type: Firm Fixed Price 3. Solicitation number: Request for Quotes (RFQ), VA249-16-Q-0431 4. The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 27 5. This procurement is a 100% set-aside for Service Disabled Veteran-Owned Small Business (SDVSOB) under the authority of 38 U.S.C. 8127(e). Full and Open Competition After Exclusion of Sources is contemplated due to Public Law 109-461. Offeror must be listed in the Center for Verification and Evaluation (CVE) database www.vetbiz.gov at the time of offer submission, as well as at the time of award. In order to be considered for award, interested offerors must be registered in the System for Award Management (SAM) at www.sam.gov. 6. NAICS and PSC: 541330/$15M, H361 7. Contract Line Item: 1. Perform one NFPA 70e Low Voltage Distribution Arc Flash Shock Hazard Analysis. 8. Description of Requirement: Perform NFPA 70e Low Voltage Distribution Arc Flash Shock Hazard Analysis at the Mtn Home VAMC as outlined in the Statement of Work (SOW) 9. Location: All applicable facilities at the Mountain Home VA Health Care System, Corner of Lamont and Veterans Way, Mountain Home, Tennessee 37684. 10. Period of Performance is 180 days from the Notice To Proceed. 11. FOB: Destination 12. 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition 13. 52.212-2, Evaluation -- Commercial Items, if used, and the specific evaluation criteria to be included in paragraph (a) of that provision Evaluation Criteria: Lowest Price 14. 52.212-3, Offeror Representations and Certifications -- Commercial Items. Offeror will provide a completed copy of the provision. 15. 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. 16. 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition a. Additional clauses i. 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ii. 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). iii. 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). iv. 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). v. 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). vi. 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). vii. 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). viii. 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ix. Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). x. 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). xi. 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage -- Fringe Benefits Electronics Technician $24.71 xii. 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). 17. Additional contract requirement: The contractor shall be responsible for the accuracy of documents and drawings. Errors discovered will be corrected by the contractor at no additional charge to the government for a period of one year after acceptance of the final documents. 18. Site Survey: An organized Site Visit will be held at the Mt. Home VAMC, on May 12, 2016 at 1:30 p.m. Eastern Time (ET). All interested parties will meet at the VAMC Mt. Home, TN, Corner of Lamont and Veterans Way, Building 37, Conference Room W103. Point of Contact is David Billings, 423-926-1171 ext 7165. Interested parties are encouraged to attend the scheduled organized Site Visit. Costs incurred to attend the site survey will not be reimbursed by the government. 19. Request For information (RFIs): Please submit RFIs to David Milner, on or before May 23, 2016, 11:00 a.m. Eastern by email. Include in email subject line: "RFI: VA249-16-Q-0431/your company's name". Late RFIs will not be answered unless the Contracting Officer determines it to be in the best interest of the government. 20. Responses to RFIs will be posted to FedBizOpps by Amendment to the RFQ. Interested parties are also encouraged to register with the Federal Business Opportunities website at www.fbo.gov, as all amendments to this solicitation will be made available at this site, and interested parties submitting an offer will be responsible for acknowledging all of the solicitation amendments when applicable. 21. Offers shall be submitted on company letterhead. Along with proposed offer, include Solicitation Number, Project Number, Project Title, Project Location, Company Name, Address, Point of Contact, Phone Number, Fax Number, Email Address, Dun and Bradstreet (DUNS) number, Tax Identification (TID), CAGE, and any discounts. Include signed copies of amendments if issued. Costs incurred to create the quote will not be reimbursed by the government. 22. Complete and include 52.209-5 -- Certification Regarding Responsibility Matters with the Quote (see PART IV. APPLICABLE PROVISIONS) with the Offer 23. Quotes are due on June 7, 2016 at 2:00 p.m. Eastern/1:00 p.m. Central. Email offers to david.milner@va.gov. Include in email subject line: "QUOTE: VA249-16-Q-0431/your company's name". 24. Offeror must provide a letter from their insurance company on insurance company letter head attesting to their safety record and Experience Modification Rate (EMR). Per VHA Directive 2011-036 Safety and Health During Construction, Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) Violations: For a contractor to be eligible for an award, the contractor shall have no more than tee (3) serious, or one (1) repeat, or one (1) willful OSHA or EPA violation(s) in the past tee (3) years and have an Experience Modification Rate (EMR) of equal to or less than 1.0. 25. Applicable SCA Wage Determination: Wage Determination No.: 2005-2499, Revision No.: 18 Date Of Revision: 12/29/2015. If wage rate for a required profession is required and not listed in SCA Wage Determination no.: 2005-2499, see http://www.dol.gov/whd/govcontracts/sca/sf98/index.asp to request wage determination. (See PART II, section E.). 26. Point of Contact: David Milner, 615-225-6460, david.milner@va.gov Statement of Work PART I - GENERAL A. SCOPE OF WORK (SOW): The project for Arc-Flash analysis to be performed at the Mountain Home VA Healthcare System will provide professional services to accomplish the following: 1. Survey each building's electrical equipment and document the main distribution panels, transfer switches and sub panels. Check breakers as shown on the schedules. Obtain locations of motors 50 Hp and above or as shown by site personnel. Note that the potential exists for a small portion of the 15 kV system to be included in this item. Approximately forty (40) buildings will be involved in this study as can be seen in the supplied campus drawings. 2. Conduct a DATA verification survey of the electrical equipment from the one-line. This survey will require entering the inside and photographing or recording nameplates, sizes and trip settings of protective devices. This will require specific PPE and hiring of a local electrical contractor, which will be the responsibility of the selected professional service agency. Anyone opening and/or in energized electrical equipment will require a Mountain Home Energized Work Permit and the proper PPE. 3. Generate One-Line diagrams on AutoCAD (2012 version). 4. Perform a Coordination Study per data from (a.) and (b.) above using SKM (or equivalent) electrical system analysis software (Size for approximately 1000 busses). 5. Conduct Arc flash study (Modeling, Categorizing, PPE requirements, etc.). 6. Generate Labels conforming to NFPA guidelines (Amount not to exceed 1000). See attachment for an example of an acceptable label configuration. 7. Label installation at panels and other equipment locations as required. Old panel labels will be removed whenever possible. 8. Personnel training for up to twenty-five (25) Mountain Home VA personnel on NFPA 70E (as per the 3-year retraining requirement of NFPA 70E 110.2, D, (3) Retraining. "…at intervals not to exceed tee years." and "(2) …changes in procedures necessitate the use of safety-related work practices that are different from those that the employee would normally use."). 9. All aspects of data collection, site investigations will be per the identified scope of work above. Copies of VAMC historical record drawings/as-built drawings will be made available to Professional Services Agency (PSA) for review and use prior to beginning project data collection efforts. 10. The PSA will submit all project documentation (see Part II for document requirements) in printed form and electronic format for review and comment before delivery of final documents. The Government will provide formal comments within fourteen (14) calendar days. The Contractor will provide the final document within twenty-four (24) calendar days of receiving the Government comments. 11. Label installation and personnel training are to be coordinated with the COR after final documents are submitted. 12. Representatives from the PSA team will visit the site during the data gathering phase and coordinate with the Mountain Home COR (or designated representative) to gather information on existing conditions. 13. PSA will provide final copies of system study documents and analysis calculations issued under this proposal, as well as two (2) CDs of all final generated documentation in the deliverables. 14. The cost of obtaining insurance coverage in excess of the current levels detailed in the project scope documentation will be included in the contract if required. 15. All work will conform to the 2014 Edition of the NFPA NEC and the 2015 Edition of the NFPA 70E. 16. Any services required which are not specifically described or are not integral to tasks described in this scope of work are excluded from the scope of services. No time or expenses shall be included in this proposal for providing the following services: a. Destructive, non-destructive or performance testing. b. Cost estimating. c. Additional costs and meetings due to project delays and schedule extensions. d. Schedule compression. e. Attendance to the review meetings. B. The electrical or other engineering features of the studies shall be accomplished by engineers registered in a State or possession of the United States, or in Puerto Rico or in the District of Columbia. C. The PSA shall, without additional expense to the Government, be responsible for assuring that the work is in compliance with requirements of applicable codes, ordinances and regulations. D. The PSA shall not divulge or release any information at any time, oral or written (including electronic), developed or obtained in connection with performance of this contract of any possible construction based on the results thereof (including, but not limited to, reports, plan, specifications, location, time, estimated cost of construction or estimated Value Engineering savings) except to authorized Government personnel or upon prior written approval of the Contracting Officer. E. The VA shall evaluate the overall performance of the PSA by professional discipline after completion of work in accordance with FAR 42.1501(b). F. Completion Time: Work, including all gathering of information and data, calculations, training, and label generation / installation shall be completed within 180 (one-hundred and eighty) calendar days after Notice to Proceed (NTP). G. Progress Payments: Progress payments may be requested by the PSA for work on this project based on completion of the following project milestones: 1. Completion of the gathering of data toughout the entire Mountain Home campus - 20%. 2. Completion of the gathering of reference documents, verification of the current installation, creation/updating of facility single-line diagrams, and submitting the diagrams for station analysis - 20%. 3. Completion of data verification / integration / updates, single-line diagram updates, coordination calculations, arc-flash calculations, and issuing of initial report - 20%. 4. Completion of initial report comment incorporation and update phase, correction and/or re-running of coordination / arc-flash calculations if necessary, issuing of the final report, and production of arc-flash labels based on the final report / calculations that are generated - 20%. 5. Installation of arc-flash labels and completion of training at the end of the project - 20%. This will define the completion of the project based on this SOW and 100% of the total payment. H. Ownership of Original Documents: All diagrams, specifications, notes, and other work developed in the performance of this contract shall be the sole property of the Government and may be used on any other work without additional compensation to the PSA. With respect thereto, the PSA agrees not to assert any rights and not to establish any claim under the design patent or copyright laws. The PSA, for a period of no less than 3 years after completion of the project, agrees to furnish and provide access to all retained materials (including electronic) upon request of the VA. PART II -EXECUTION AND PROVISION OF DOCUMENTS A. Work Requirements: The PSA shall ascertain the requirements of the work and shall prepare, for approval by the VA, study documents and other documents set forth in detail SOW. The PSA shall be responsible for the professional quality and technical accuracy of all documents prepared. Services shall include the following documents as applicable to the project scope of work defined in Part I, Sect. A. 1. Distribution Equipment Layout Documents setting forth in detail the site electrical requirements including location of on-site utility systems as required by the SOW. 2. Electrical Documents setting forth in detail the electrical requirements including all electrical plans, details, diagrams, specifications, labels, and schedules showing transformers, power distribution systems, low voltage power systems, switchgear, generators, motors, other electrical equipment, and electrical safety related requirements as necessitated by the SOW and applicable codes. 3. Phasing and Schedules coordinating with the VA the timing, logistics, agendas, listings, plans, programs, and organization needed to complete the objectives of the SOW while maintaining the operation and functionality of the immediate surrounding patient care and administrative areas. In addition, the operation of the hospital and surrounding campus facilities, in general, will be preserved. B. Review Requirements: Submit documents for VA review and comment to the Contracting Officer's Representative (COR) as scheduled and specified in the SOW. VA review of the PSA's work product shall not be construed by either party to relieve the PSA from its professional responsibility to execute study documents, specifications and other work submissions with due care and in accordance with acceptable professional standards. C. Medical Center Rules: 1. Smoking in outdoor-authorized areas only. Areas in and near buildings (within fifty [50] feet) and entrances/exits are non-smoking areas. 2. Parking. One vehicle is authorized to load and unload material and equipment at loading docks. All other vehicles must park in Contractor designated area or as directed by COR. 3. Routes to and from each work site will be as agreed by VA and the Contractor if the Contractor requests vehicles be allowed to park outside the designated area(s) of section Part II, 3., B. Should such a request be made, then an agreement on alternate vehicle parking must be designated by the COR. 4. Appropriate, fully charged, fire extinguishers will be provided by Contractor in work area(s) if any tasks other than investigative work, the production of labels, or the installation of labels are performed. 5. For any work involving open flames or sparks, Engineering Services will issue a hot work permits. Dust must be controlled so as not to migrate into patient/administrative areas or to set off fire alarm by smoke detectors. 6. Contractor will be responsible for any charges by Fire Department due to false alarms caused by construction operations where these rules were not observed. 7. Any penetrations of corridor walls, smoke walls or building fire walls will be fire stopped with approved (NFPA) materials appropriate for the fire rating involved. Such materials are to be pre-approved tough submittal process as applicable and/or after the fact, if a discovered or differing site condition is encountered. 8. OSHA compliance is mandatory. Use and honor all locks, tags, and obey all warning and informational signage. 9. All employees of general contractor and subcontractors shall comply with VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access. 10. Only employees of the Contractor or Subcontractor(s) with VA-provided ID badges shall work on the site. It is the Contractors responsibility to coordinate with COR, contractor's employees and subcontractors to obtain VAMC Identification Badges prior to starting work. Contractor's employees and Subcontractors must provide 10-hour OSHA Cards and attend a Contractor's Safety Orientation prior to obtaining a VA Photo Identification. This Safety Orientation is only available on Tuesday mornings and the Contractor must submit an employee roster and request training a minimum of tee (3) business days prior to the Tuesday training session they wish to attend. A VA Issued Identification Process will be provided to Contractor during the "Kick Off" meeting. 11. Contractor will leave the work areas clean or cleaner than existed before work began. Combustible materials will be removed at the end of each work day. 12. A Contractor Supervisor must be on-site at all times when Contractor and/or Subcontractor employees are on-site working. The Contractor Supervisor must have a 30-hour OSHA card. D. Workhours: The following terms have the following meanings and are applicable to this contract: 1. Normal Work hours: 7:00 a.m. tough 4:30p.m, Monday tough Friday. 2. National Holidays: The ten holidays observed by the Federal Government are: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Cistmas Day Any national holiday declared by the President of the United States. E. SCA Wages See attached WD 05-2499 (Rev.-18) was first posted on www.wdol.gov on 01/05/2016 PART III APPLICABLE CLAUSES A. 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 (FAR) http://www.va.gov/oal/library/vaar/index.asp (VAAR) (End of Clause) B. 52.203-16. Preventing Personal Conflicts of Interest (DEC 2011) (End of Clause) C. 52.203-17. Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014). (End of Clause) D. 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (a) The Contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of Clause) E. 52.204-4. Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) (End of Clause) F. 52.227-14. Rights in Data-General (MAY 2014) (End of Clause) G. 52.228-5 Insurance-Work on a Government Installation (JAN 1997) (End of Clause) H. CL-120 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) I. 52.232-40. Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (End of Clause) J. 852.203-70. Commercial Advertising (JAN 2008). The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause) K. 852.219-10. VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (DEC 2009) (a) Definition. For the Department of Veterans Affairs, "Service-disabled veteran-owned small business concern": (1) Means a small business concern: (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans (or eligible surviving spouses); (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; and (iv) The business has been verified for ownership and control and is so listed in the Vendor Information Pages database, (http://www.VetBiz.gov). (2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). (b) General. (1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a service-disabled veteran-owned small business concern. (c) Agreement. A service-disabled veteran owned small business concern agrees that in the performance of the contract, in the case of a contract for: (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns; (2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other eligible service-disabled veteran-owned small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns. (d) A joint venture may be considered a service-disabled veteran owned small business concern if- (1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement; (2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation. (4) The joint venture meets the requirements of 13 CFR 125.15(b). (e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program. (End of Clause) L. 001AL-11-15-A. Limitations on Subcontracting - Monitoring and Compliance (JUNE 2011). This solicitation includes VAAR 852.219-10. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. (End of Clause) M. 852.232-72. Electronic Submission of Payment Requests (NOV 2012). (a) Definitions. As used in this clause- (1) Contract financing payment has the meaning given in FAR 32.001 . (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001 . (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are tough one of the following: (1) VA's Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org ) includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905 . (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail tough the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of Clause) N. 852.237-70. Contractor Responsibilities (APR 1984). The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Tennessee. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. (End of Clause) O. 52.252-6 -- Authorized Deviations in Clauses. Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any VAAR (48 CFR Chapter Federal Acquisition Regulation clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) PART IV. APPLICABLE PROVISIONS A. 852.252-70. Solicitation Provisions or Clauses Incorporated by Reference. The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference External link to a government website. Copies may also be obtained from the contracting officer (End of Provision) B. 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Common Confidentiality Agreements - Representation (DEVIATION 2015-02) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of Provision) C. 52.204-16. Commercial and Government Entity Code Reporting (NOV 2014) (End of Provision) D. 52.209-5 -- Certification Regarding Responsibility Matters. Certification Regarding Responsibility Matters (Oct 2015) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that -- (i) The Offeror and/or any of its Principals -- (A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [_] have not [_], within a tee-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and (D) Have [_], have not [_], within a tee-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has [[_] has not [_], within a tee-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of Provision) E. 52.216-1. Type of Contract (APR 1984). The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation. (End of Provision) F. 52.232-38. Submission of Electronic Funds Transfer Information with Offer (JUL 2013) (End of Provision) PART V. ATTACHMENTS A. Drawing, Mtn Home VAMC Site Plan East B. Drawing, Mtn Home VAMC Site Plan East - - - E N D - - -
VA24916Q0431 Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 9
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