J061--621-22-2-5096-0006 - Breaker Testing and Electrical Inspection
Combined Synopsis Solicitation Solicitation Number: 36C24922Q0022 Posted Date: 11/02/2021 Response Date/Time: November 23, 2021 at 8:00am CST Set Aside: Small Business NAICS: 811310 PSC: J061 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2021-07 Effective 09-10-2021. This solicitation is set-aside for small business. The associated North American Industrial Classification System (NAICS) code for this procurement is 811310, with a small business size standard of $7.5 million. The FSC/PSC is J061. The James H. Quillen VA Medical Center is seeking to perform breaker testing and electrical inspections. All interested companies shall provide quotations for the following: STATEMENT OF WORK Contractor Services for 621-22-2-5096-0006 Perform 3 yr Breaker Testing and Electrical Inspection James H. Quillen VA Medical Center Mountain Home, TN General The objective of this project is to complete the 3yr electrical inspection and testing requirements outlined in VHA Directive 1028 Facility Electrical Power Systems at the James H. Quillen VA Medical Center (JHQVAMC) at Mountain Home, TN. The inspection and testing of the power distribution system includes both low and medium voltage distribution equipment, including transformers, switchgear, switchboards, distribution panels, motor control centers, automatic transfer switches (ATS), manual transfer switches (MTS), breakers, relays, emergency power systems, generators and all associated components. A comprehensive report will be required to document all procedures, tests, deficiencies, and recommendations for equipment that does not meet the required standards/codes for operation. Scope of Work The contractor shall be required to furnish all labor, materials, transportation, equipment, tools, and supervision to perform the inspection, testing and maintenance of the electrical distribution system at the JHQVAMC at Mountain Home, TN. The contractor shall be required to complete, at a minimum, the following work: Low Voltage Circuit Breakers and MCCBs: Visual and mechanical inspection. Check insulation, case, and arc chutes for cracks. Lubricate and clean breakers as necessary and where possible. Perform insulation resistance on the breaker and switchgear bus. Perform contact resistance where accessible. Perform trip time tests on breaker time current devices, where applicable. Exercise and operate the breakers to ensure proper operation. Clean and inspect breaker cell, interlocks, and racking mechanism. Medium Voltage Breakers and Relay: Visual and mechanical inspection check for proper anchorage. Inspect and clean the switch internal components, where applicable. Inspect fuse holders, main contacts, and arcing contacts, where applicable. Check contacts and element alignment. Inspect and clean insulation services. Check contact resistance, where applicable. Perform insulation resistance test. Operate the breaker both electrically and mechanically. Verify proper phase barrier materials. Check electrical, mechanical condition and lubrication. Check tightness of accessible bolted connections, cables, etc. Load Interrupters, Switches, Etc.: Visual and mechanical inspection check for proper anchorage. Inspect and clean the switch internal components, where applicable. Inspect fuse holders, main contacts, and arcing contacts. Check contacts and element alignment. Inspect and clean insulation services. Check contact resistance, where applicable. Perform insulation resistance test. Operate the switch mechanically. Verify proper phase barrier materials. Check electrical, mechanical condition and lubrication. Check tightness of bolted connections, cables, etc. Automatic Transfer Switches (ATS) and Manual Transfer Switches (MTS): Visual and mechanical inspection of components and wiring. Check insulation for cracks and other defects. Lubricate and clean the ATS and contacts, where applicable. Exercise and operate the ATS from Normal to Emergency, Emergency to Normal to assure proper operation. Clean and inspect ATS cubicle. Panelboards, Switchboards, MCC S, and Switchgear: Visual and mechanical inspection check for proper anchorage. Inspect and clean the bus and components, where applicable. Inspect fuse holders, control wiring, cells, etc. Check MCCB cases, insulation barriers, insulators, etc. Exercise and operate the breaker to ensure proper operation. Check electrical and mechanical condition and lubrication. Check tightness of bolted connections, cables, etc. Check all devices for missing or broken parts, corrosion or excessive wear. Perform insulation resistance test on bus system, where applicable. Transformers: Visual and mechanical inspection check for proper anchorage. Inspect and clean the inside, internal bushings, terminations, and components. Inspect fuse holders, gages, valves, and bushings or leaks. Inspect and clean dry type transformers. Check load and phase voltages. Check tightness of bolted connections, cables, etc. Check all devices for missing or broken parts and corrosion. Perform electrical tests, ratio, etc., where applicable. Check for even loading and phase voltage. Draw an oil sample and perform ASTM/ANSI, Dielectric and Water test. Perform DGA (Dissolved Gas Analysis) on transformer fluid. Associated Equipment, Cables, Batteries, and Instrumentation: Perform visual, mechanical and electrical inspection. Perform inspection on 15kV cables and shields. Clean stress cone and check ground shields. Check metering calibration. Clean and test battery cell, where applicable. Perform ground resistance testing. Generators: Visual and mechanical inspection check for proper anchorage. Perform operational engine starting, transfer time in loaded condition, cool down, etc. Check batteries and charger. Check reliability, fuel type and capacity. All inspection, testing, calibration, and maintenance shall be in compliance with the latest editions of NFPA 70, NFPA 70B, NFPA 70E, NFPA 99, NFPA 110, OSHA 29CFR 1910, manufacturer s requirements and all applicable VHA Directives. The scope of this project will include the following buildings and their associated electrical infrastructure: 3, 5, 8, 13, 15, 17, 19, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 69, 77, 115, 116, 160, 161, 162, 200, 201, 204, 205, 206, 207, 213, 214. Schedule and Performance The Period of Performance (POP) for this project is 1 calendar year from the notice to proceed. The contractor shall create a schedule for the completion of the scope of work required. The schedule shall be approved by the COR before beginning any work. The schedule shall identify, at a minimum, the following: Area of work Electrical systems to be tested Hours planned Is an outage required Is energized work required All outages affecting a patient care area require a minimum of five (5) days notice and must be approved by the Chief Engineer. All outages affecting administrative areas require a minimum of tee (3) days notice and must be approved by the Chief Engineer. All work requiring an energized work permit requires a minimum of tee (3) days notice and must be approved by the Chief Engineer. Most work will be required to be performed afterhours (nights and weekends) and is dependent on hospital workload. The contractor is responsible for all financial costs associated with any sub-contractors required for the execution of the scope of work. The contractor is responsible for any financial costs associated with the assistance of the electrical utility during the execution of the scope of work. If the contractor determines a change in schedule is required, which will affect a planned outage or require an additional outage, the COR shall be notified immediately and a change in schedule shall be proposed and approved by the Chief Engineer. Deliverables All testing and inspection shall be fully documented, and a comprehensive report shall be submitted, to the COR, at the completion of the project that includes, at a minimum: Description of tests Results of testing for each piece of equipment Report of deficiencies and recommended solutions to address the deficiencies Four (4) hard copies and one (1) electronic copy (cannot be a USB drive) of the testing and inspection report shall be furnished to the COR within 15 days of the final testing and receipt of any third-party testing results. Accuracy of Planning Information The contractor shall visit the project site to investigate the information shown on any Government-Furnished drawings, record (as-built) drawings, and other planning documents provided by VA. This information is the best available, but the Government does not guarantee its accuracy or completeness. The contractor shall promptly report to the Contracting Officer in writing any discrepancies between this contract and the planning information provided by the Government. The contractor shall make no adjustments to his work due to the discrepancy before the Contracting Officer has reviewed the matter and forwarded his determination to the contractor. The contractor s failure to report any such discovered discrepancy or to wait for the Contracting Officer's determination shall be at his risk and expense. Ownership of Original Documents All designs, drawings, 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 Contractor. The Contractor agrees not to assert any rights and not to establish any claim under the design patent or copyright laws. The Contractor, 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. Unless otherwise provided in this contract, the Contractor shall have the right to retain copies of all such materials beyond such period. Security Requirements Contractors, contractor personnel, subcontractors and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. Due to the scope of this work, the C&A requirements do not apply, and a Security Accreditation Package is not required. Contractors shall obtain VA issued ID badges before beginning any work, if contractors do not have VA issued badges they shall be escorted by a VA employee for all on site work. Contractor Qualifications and Requirements Contractors shall be certified by the International Electrical Testing Association (NETA) as Certified Technicians. Contractor personnel conducting the testing and inspection shall have completed the Occupational Safety & Health Administration (OSHA) approved 10-hour construction safety training and provide documentation of completed training. Contractor supervisor(s) shall always be on site and shall have completed the OSHA approved 30-hour construction training and provide documentation of completed training. Contractor personnel that will be involved in energized electrical work shall have completed an approved NFPA 70E training and provide documentation of completed training. The contractor shall have technical training and applicable work experience in maintenance, inspection, and testing of Electrical Power Distribution Systems and its components in healthcare, industrial, educational, and commercial facilities for a minimum of five (5) years. All contractor personnel shall attend Mountain Home VA site specific safety training prior to any work beginning. SCHEDULE: All interested parties shall provide a quotation for the following: CLIN Description Quantity Price 0001 Breaker Testing and Electrical Inspection Base Year POP: 1/01/2022 - 12/31/2022 1 year Total Pricing $ EVALUATION OF QUOTES: Award will be made to the lowest price offeror that is determined to bring the BEST VALUE to the Government and meets the technical requirement of the solicitation. Award shall be made to the vendor whose quotation offers the best value to the government, considering technical acceptability, past performance, and price. QUOTE FORMAT AND SUBMISSION REQUIREMENTS: Offerors shall provide only one quote. Quote should be emailed to Ayslin.Kennett@va.gov, subject line: Breaker Testing and Electrical Inspection 36C24922Q0022, NLT 11/15/2021 at 8:00 AM CST. Non-compliance with this requirement may result in disqualification of the quote. All vendors must be registered and complete all entries in the System for Award Management (SAM) to be considered for award. Potential vendors may register at the following web site: https://www.sam.gov/portal/public/SAM All Quote submissions must list your DUNS number, CAGE code, and Federal TIN with Company name, POC, and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit www.sam.gov. Lack of registration in the SAM database will make an offeror ineligible for award. The government intends to award a Firm Fixed Price contract as a result of this RFQ that will include the terms and conditions set forth herein. To facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the RFQ are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the RFQ are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Offeror shall list exception(s) and rationale for the exception(s). The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Items March 2020 FAR 52.212-3, Offerors Representations and Certifications Commercial Items Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. FAR 52.212-4, Contract Terms and Conditions Commercial Items OCT 2018 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders MAR 2020 FAR Number Title Date 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013 (End of Clause) 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). [] 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 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. [X] 852.228 71, Indemnification and Insurance. [] 852.228 72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds. [X] 852.232 72, Electronic Submission of Payment Requests. [X] 852.233 70, Protest Content/Alternative Dispute Resolution. [X] 852.233 71, Alternate Protest Procedure. [] 852.237 70, Indemnification and Medical Liability Insurance. [] 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 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: [X] 852.237 74, Nondiscrimination in Service Delivery. (End of Clause) 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) VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) (a) Definitions. As used in this clause (1) Contract financing payment has the meaning given in FAR 32.001; (2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment; (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, email, and scanned documents are not acceptable electronic forms for submission of payment requests; (4) Invoice payment has the meaning given in FAR 32.001; and (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 at the current website address provided in the contract. (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). (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances in this paragraph (e), 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) VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor. (End of Clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION) A (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: A A A (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). A A A (2) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115 91). A A A (3) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115 232). A A A (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). A A A (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). A A A (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). A (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: A A A []A (1) 52.203 6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). A A A []A (2) 52.203 13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). A A A []A (3) 52.203 15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) A A A [X]A (4) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109 282) (31 U.S.C. 6101 note). A A A []A (5) [Reserved] A A A [X]A (6) 52.204 14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). A A A []A (7) 52.204 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). A A A [X]A (8) 52.209 6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). A A A []A (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). A A A []A (10) [Reserved] A A A []A (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a). A A A []A (ii) Alternate I (MAR 2020) of 52.219-3. A A A []A (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). A A A []A (ii) Alternate I (MAR 2020) of 52.219-4. A A A []A A (13) [Reserved] A A A [X]A (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). A A A []A (ii) Alternate I (MAR 2020) of 52.219-6. A A A []A (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). A A A []A (ii) Alternate I (MAR 2020) of 52.219-7. A A A []A (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). A A A []A (17)(i) 52.219 9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)). A A A []A (ii) Alternate I (NOV 2016) of 52.219-9. A A A []A (iii) Alternate II (NOV 2016) of 52.219-9. A A A []A (iv) Alternate III (JUN 2020) of 52.219 9. A A A []A (v) Alternate IV (JUN 2020) of 52.219 9. A A A []A (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). A A A []A (ii) Alternate I (MAR 2020) of 52.219-13. A A A []A (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). A A A []A (20) 52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). A A A []A (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f). A A A [X]A (22)(i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C 632(a)(2)). A A A []A (ii) Alternate I (MAR 2020) of 52.219-28. A A A []A (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)). A A A []A (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)). A A A []A (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). A A A []A (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) A A A [X]A (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755). A A A []A (28) 52.222 19, Child Labor Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126). A A A [X]A (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). A A A [X]A (30)(i) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). A A A []A (ii) Alternate I (FEB 1999) of 52.222-26. A A A [X]A (31)(i) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). A A A []A (ii) Alternate I (JULY 2014) of 52.222-35. A A A [X]A (32)(i) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). A A A []A (ii) Alternate I (JULY 2014) of 52.222-36. A A A [X]A (33) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). A A A [X]A (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). A A A [X]A (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627). A A A []A (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). A A A [X]A (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) A A A []A (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) A A A []A (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) A A A []A (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). A A A []A (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). A A A []A (40)(i) 52.223-13, Acquisition of EPEATA-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). A A A []A (ii) Alternate I (OCT 2015) of 52.223-13. A A A []A (41)(i) 52.223-14, Acquisition of EPEATA-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). A A A []A (ii) Alternate I (JUN 2014) of 52.223-14. A A A []A (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). A A A []A (43)(i) 52.223-16, Acquisition of EPEATA-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). A A A []A (ii) Alternate I (JUN 2014) of 52.223-16. A A A [X]A (44) 52.223 18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). A A A []A (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). A A A []A (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). A A A []A (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). A A A []A (ii) Alternate I (JAN 2017) of 52.224-3. A A A []A (48) 52.225-1, Buy American Supplies (JAN 2021) (41 U.S.C. chapter 83). A A A []A (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. A A A []A (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3. A A A []A (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3. A A A []A (50) 52.225 5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). A A A [X]A (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). A A A []A (52) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). A A A []A (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). A A A []A (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). A A A []A (55) 52.229 12, Tax on Certain Foreign Procurements (JUN 2020). A A A []A (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). A A A []A (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). A A A [X]A (58) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct 2018) (31 U.S.C. 3332). A A A []A (59) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). A A A []A (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). A A A []A (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). A A A []A (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). A A A []A (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). A A A []A (ii) Alternate I (Apr 2003) of 52.247-64. A A A []A (iii) Alternate II (FEB 2006) of 52.247-64. A (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: A A A [X]A (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). A A A []A (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). A A A [X]A (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). A A A []A (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). A A A [X]A (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67). A A A []A (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67). A A A [X]A (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). A A A [X]A (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). A A A []A (9) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). A (d)A Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition teshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records Negotiation. A A A (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. A A A (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. A A A (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. A (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause A A A A A (i) 52.203 13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). A A A A A (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). A A A A A (iii) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115 91). A A A A A (iv) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115 232). A A A A A (v) 52.219 8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable teshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219 8 in lower tier subcontracts that offer subcontracting opportunities. A A A A A (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). A A A A A (vii) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). A A A A A (viii) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). A A A A A (ix) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). A A A A A (x) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). A A A A A (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. A A A A A (xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). A A A A A (xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627). A A A A A A A (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). A A A A A (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67). A A A A A (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67). A A A A A (xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). A A A A A (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). A A A A A (xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). A A A A A (xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). A A A A A A A (B) Alternate I (JAN 2017) of 52.224-3. A A A A A (xx) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). A A A A A (xxi) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. A A A A A (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. A A A (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. Point of Contact Any questions or concerns regarding this solicitation should be forwarded in writing via email addressed to Ayslin Kennett at Ayslin.Kennett@va.gov, subject line: Breaker Testing and Electrical Inspection 36C24922Q0022. Questions shall be submitted NO LATER THAN November 15, 2021 @ 8:00am CST. Please reference the following wage determinations applicable to this requirement: 2015-4641 Rev. 13 https://sam.gov/wage-determination/2015-4641/13
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