H145--Boiler HW & Distributed Systems Compliance
Combined Synopsis Solicitation Manchester VAMC Hot Water and Distributed Systems and the High Pressure Boiler Plant program
(i) 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.
(ii) The solicitation number is 36C24123Q0255_2 and the solicitation is issued as a request for quotation (RFQ).
(iii) A statement that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-04.
(iv) This requirement is being issued as an open market, small business set-aside. The associated NAICS code is 238220 - Plumbing, Heating, and Air-Conditioning Contractors and small business size standard is $16.5 million.
(v) The Government intends to award a firm-fixed price award for a services to facilitate compliance for the hot water and distributed systems and the high pressure boiler plant program at the Manchester VAMC. Please see the attached Performance Work Statement for full requirement details. Please complete the Price Schedule below and submit with the quote submission.
(vi) The Contractor shall provide all resources necessary to facilitate compliance for the hot water and distributed systems and the high pressure boiler plant program at the Manchester VAMC IAW the attached Statement of Work (SOW). Please see the attached SOW for full requirement details.
(vii) The Place of Performance is Manchester VAMC as described per the SOW.
(viii) Provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition in addition to the following addenda s to the provision: 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998); 52.204-7 System for Award Management (OCT 2018); 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016); 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008)
(ix) Provision at 52.212-2, Evaluation -- Commercial Items, applies to this requirement.
Site Visit:
(1) The VA will be hosting a site visit on Thursday, 16 February 2023 at 09:00AM EST. Those interested in attending MUST coordinate with Eugene Moser at eugene.moser@va.gov NLT 12:00 PM EST on Tuesday, 14 February 2023. Those who do not provide Mr. Moser with a request to attend may be excluded from the site visit. NO ADDITIONAL SITE VISIT WILL BE AUTHORIZED.
Submission of Quotes:
(1) Quotes shall be received on or before the date and time specified in Section (xv) of this solicitation. Note: Offers received after the due date and time shall not be considered.
(2) Offerors shall submit their quotes electronically via email to both Tnauri Woodbridge at tnauri.woodbridge@va.gov and Craig Harris at craig.harris@va.gov.
(3) Questions: Questions shall be submitted to the Contracting Officer in writing via e-mail. Oral questions are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is Friday, 17 February 2023 at 3:00 PM EST. Questions received after this date and time may not be answered. Questions shall be answered in a formal amendment to the solicitation so all interested parties can see the answers.
(4) Quote Format: The submission should be clearly indexed and logically assembled in order of the evaluation criteria below. All pages of the quote shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.
Evaluation Process:
Award shall be made to the best value, as determined to be the most beneficial to the Government. Please read each section below carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information below shall be considered non-compliant and your quote could be removed from the evaluation process.
Offeror quotes shall be evaluated under FAR Part 13.106-2(b) -- Evaluation of Quotations or Offers. Therefore, the Government is not obligated to determine a competitive range, conduct discussions with all contractors, solicit final revised quotes, and use other techniques associated with FAR Part 15.
The Government shall award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation shall be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:Â
Price (Follow these instructions):
Offeror shall complete Attachment 1 - Price Schedule, with offerors proposed contract line item prices inserted in appropriate spaces.Â
Past Performance:
Offeror shall utilize Attachment 2 Past Performance Worksheet to provide at least one (1) but no more than (3) references of work, similar in scope and size with the requirement detailed in the SOW. References may be checked by the Contracting Officer to ensure your company is capable of performing the Statement of Work. The Government also reserves the right to obtain information for use in the evaluation of past performance from any and all sources.
Capabilities: The offeror s quote shall be evaluated to determine if the organization has the experience and capabilities to provide the requested services IAW the SOW in a timely efficient manner.Â
The successful consultant will be a firm specializing in boiler plant engineering Safety, efficiency, operations, and be able to demonstrate qualifications as evidenced by licensed Mechanical Engineering staff with course work in Boiler systems, experience, education, qualifications, licensures, and competence in the following areas as evidenced by publications, references, and other applicable credentials:
At least 10 years of teaching and training on boiler plant equipment (Boilers size of 10,000 Lbs. of steam per hour or larger) and systems to plant personnel.
At least 10 years of troubleshooting and analyzing problems related to boiler plant systems (Boilers size of 10,000 Lbs. of steam per hour or larger).
At least ten (10) years of experience in writing and interpreting boiler and boiler plant safety device testing procedures specific to VA boiler systems.
At least ten (10) years of experience in safety device testing specific to the VA s Boiler systems.
Auditing and reporting on boiler plant equipment and safety.
At least one of the on-site personnel shall have Master of Science (MS) in Mechanical Engineering degree with boiler course work from an accredited university and 5 years of experience in the field.
The Consultant must be able to:
Perform Statistical Analysis on VA data for annual reports and individual site reports that are being evaluated to determine what areas of improvement are need VA wide.
Show proof of Professional Engineers License (P.E.) Required for Boiler Construction Design Reviews Task and updating the VHA Safety Device Testing Manual.
Show how they can meet and understand the VA Safety device testing criteria.
SAM: Interested parties shall be registered in System for Award Management (SAM) as prescribed in FAR Clause 52.232-33. SAM information can be obtained by accessing the internet at www.sam.gov or by calling 1-866-606-8220. Interested parties not registered in SAM in sufficient time to meet the VA s requirement will be ineligible to receive a government contract. This determination will be at the discretion of the Contracting Officer.
VISTA: The VA utilizes VISTA to issue a purchase order and liquidate invoices. Failure to register in VISTA may result in exclusion from the issuance of a VA contract. This determination will be at the discretion of the Contracting Officer. Interested parties with no prior VA contracts can request a Form 10091 at any time.
(x) Please include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with your offer via the SAM.gov website or a written copy.
(xi) Clause 52.212-4, Contract Terms and Conditions -- Commercial Items (OCT 2018), applies to this acquisition in addition to the following addenda s to the clause: 52.204-16 Commercial and Government Entity Code Maintenance (JUL 2016); 52.219-6 Notice of Total Small Business Set-Aside; 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013); 852.203-70 Commercial Advertising (MAY 2008); 852.232-72 Electronic Submission of Payment Requests (NOV 2018)
Subcontracting Commitments - Monitoring and Compliance
This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the 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 compliance with the subcontracting commitments.
(xii) Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and in addition to the following FAR clauses cited, which are also applicable to the acquisition: 52.204-10, 52.209-6, 52.219-6, 52.219-28, 52.222-3, 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.223-18, 52.232-33, 52.222-41, 52.222-43 (Wage Determination Applicable New Hampshire Hillsborough County WD #2015 posted on sam.gov)
(xiii) All contract requirement(s) and/or terms and conditions are stated above.
(xiv) The Defense Priorities and Allocations System (DPAS) and assigned rating are not applicable to this requirement.
(xv) RFQ responses are due Tuesday, 22 February 2023 by 5:00 PM EST. RFQ responses must be submitted via email to: Tnauri Woodbridge at tnauri.woodbridge@va.gov and Craig Harris at craig.harris@va.gov. Hand deliveries shall not be accepted.
(xvi) The POCs of this solicitation are Tnauri Woodbridge at tnauri.woodbridge@va.gov and Craig Harris at craig.harris@va.gov.
ATTACHMENT 1
PRICE SCHEDULE
ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
0001
Develop Inventory of Affected Equipment IAW SOW
POP Begin: 24-Feb-2023
POP End: 23-April-2023
1.00
EACH
__________________
__________________
0002
Develop Master Plan IAW Section 3.2 of the SOW
POP Begin: 24-Feb-2023
POP End: 23-May-2023
1.00
EACH
__________________
__________________
0003
Develop Site Specific Procedures and Boil Personnel Training IAW SOW
POP Begin: 24-Feb-2023
POP End: 23-June-2023
1.00
EACH
__________________
__________________
0004
Review and Write Report of the Completed Safety Device Repairs IAW SOW
POP Begin: 24-Feb-2023
POP End: 30-Sep-2023
1.00
EACH
__________________
__________________
GRAND TOTAL
__________________
.
ATTACHMENT 2
PAST PERFORMANCE WORKSHEET
1. Name of Contracting Activity, Government Agency, Commercial Firm or other Organization:
2. Contracting Activity Address:
3. Contract Number:
4. Date of Contract Award:
5. Beginning Date of Contract:
6. Completion Date of Contract:
7. Contract Value:
8. Type of Contract:
9a. Technical Point of Contact:
9b. Contracting Point of Contact:
Name:
Name:
Title:
Title:
Address:
Address:
Telephone:
Telephone:
Email:
Email:
10. Place of Performance:
11. Description of Work (Use a continuation sheet if necessary):
12. List any commendations or awards received:
13. List of Major Subcontractors:
ATTACHMENT 3
Statement of Work
Manchester NH VAMC Hot Water and Distributed Systems & Boiler Program Development Site Specific Procedure Development and Boiler Personnel Training
Background:
The Manchester VAMC requires the services identified below in effort to bring the operation of all "Distributed" (Not located in the Boiler Plant) fired heating systems into compliance, to the degree attainable, with the VHA Directive 1810 January 4, 2023(1), the VHA Boiler and Associated Plant Safety Device Testing Manual (7th Edition) January 2023 and appropriate VA Master Specification Sections (235225, 235228, and others as appropriate.)
Boiler plant safety, reliability, efficiency, and equipment longevity are paramount concerns of Manchester management. Malfunctioning burners or controls can cause catastrophic events resulting in injuries and death and massive property damage. Inaccurate or inadequate data management and monitoring systems can fail to warn of unsafe or inefficient performance. Regular tuning, testing, calibration, and maintenance by expert technicians are an essential part of a program to address these concerns.
2.0 Objective:
To bring Manchester NH VA Medical Center into compliance per VHA Directive 1810 January 4, 2023 (1), the VHA Boiler and Associated Plant Safety Device Testing Manual (7th Edition) January 2023.
3.0 Scope of Work:
Manchester VA Medical Center requires the work in the subsections below to bring the operation of all "Distributed" (Not located in the Boiler Plant) fired heating systems into compliance, to the degree attainable, with the VHA Directive 1810 January 4, 2023 (1), the VHA Boiler and Associated Plant Safety Device Testing Manual (7th Edition) January 2023 and appropriate VA Master Specification Sections (235225, 235228, and others as appropriate.)
3.1 Site visit to develop inventory of Affected Equipment
The contractor shall travel to the Manchester facility and work in conjunction with the Boiler Plant Supervisor and other appropriate personnel to visit each building and/or mechanical room housing containing any of the affected systems (Distributed Hot Water or Low-Pressure Steam fired generating units). Each system cataloged shall be visually assessed to determine overall condition and evaluated to determine what (if any) VA-relevant Safety Devices are installed on each system. This inventory list shall be of sufficient detail to support the activities in 3.2.
3.2 Develop a Master Plan
The contractor shall develop a Master Plan outlining the discrepancies between the Existing Safety Devices List, and the Required Safety Devices List. Devices which are physically present but are not "Testable" per VHA approved procedures must have the necessary modifications noted. Devices which are required but are not present (or where the installed device is not VHA compliant) shall be noted as being required to be installed. Devices which would be required but cannot be installed due to equipment limitations shall be noted as requiring the creation of an Interim Safety Measure, along with (potentially) a request for a Waiver from the Office of Healthcare Engineering (OHE). The completed document from Section 3.2 can then be used for workflow planning for the project(s) required to bring the affected systems to Compliance, to the degree possible.
The contractor shall provide Telephone/Email support to the Manchester VAMC to ensure continued progress toward completion of the steps outlined in 3.2 above.
3.3 Review Complete Repairs
The contract shall travel to the Manchester facility and working in conjunction with the Boiler Plant Supervisor and other appropriate personnel to visit each Building or Mechanical Room housing any of the affected systems to review the repairs that have been completed. The contractor shall verify that the installed devices are correct and testable as installed. A written report will be generated, noting the status of each system in terms of compliance with the generated list of required modifications. No work shall be performed in this section (Section 3.3) until the Boiler Plant Supervisor and/or another appropriate Government personnel provides authorization to proceed.
3.4 Boiler Site Specific Boiler Procedure Development and Boiler Personnel Training
3.4.1 The contractor shall develop site specific Master High Pressure Boiler Plant Standard Operating Procedures (SOPs) and associated documentation templates and forms. They shall write a VHA compliant Boiler Plant Engineering SOP and accompanying attachments to address all Directive 1810 required procedures and documentation forms to include new hire and ongoing training programs. SOP shall include hot water and distributed systems.
3.4.2 The contractor shall develop written site specific normal and emergency operations procedures for high pressure boiler plant and associated plant devices.
3.4.3 The contractor shall develop site specific safety device testing procedures for all safety devices on high pressure boilers and associated plant devices. Procedures will be site specific and in accordance with VHA Safety Device Testing Manual (7th Edition). Procedures will provide step by step guidance with photos of local equipment to facilitate a compliant safety device testing program. Custom documentation sheets will also be developed for each test. The contractor shall create procedures onsite and will fully vet each procedure for completeness, accuracy, and performability along side in house personnel.
3.4.4 The contractor shall provide hands on training to any available boiler plant personnel in attendance on boiler safety device testing using the newly developed site specific safety device testing procedures. This activity also serves to vet procedures for useability and accuracy.
The contractor shall provide all procedures and documentation forms into useable printable packaged booklets in PDF form. The contractor shall provide all electronic files created over to the VA upon completion of services. VA shall have full authority and freedom to edit/update files as desired.
4.0 Period of Performance: The contractor shall complete the work in accordance with line items PoP dates.
5.0 Safety Regulations
5.1 All applicable NFPA, OSHA, EPA, and VA codes, Federal, State, and local regulations shall be followed throughout the course of this project.
5.2 VA Facilities will issue contracting badges to contractors, employees and subcontractors which must be worn at all times when on VA property
Scheduling and Hours of Work
6.1 Contractor shall provide a schedule within 7 days of notice to proceed.
6.2 Work shall be scheduled for proper execution to completion of this contract.
Hours of work. The work will be conducted during normal working hours 0700-1530 Monday Friday excluding Federal Holidays.
6.3 The 11 holidays observed by the Federal Government, are New Year s Day, MLK Day, President s Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas or any other day specifically declared by the President of the United States to be a national holiday.
*Attachments:
A. Boiler Safety Device Testing Manual - 7th Edition January 2023 Final
B. VHA Directive_1810 BOILER AND BOILER PLANT OPERATIONS_ January 4, 2023
*COPIES OF ATTACHMENTS A AND/OR B CAN BE PROVIDED UPON REQUEST*
36C24123Q0255 Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 1
2/10/23, 12:08 PM UNIVERSAL AIR HVAC JEEHDEEZ'A ELEM SCH
SECTION B ¿ CONTINUATIONThis 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; quotes are being requested and a written solicitation will not be issued.This is a request for quote (RFQ in accordance with FAR part 12, Commercial Items and FAR part 13, Simplified Acquisition Procedures,NAICS 722310 Food Service ContractorsSB Size Standard $41.50Place of Performance Jeehdeez¿a Elementary School PO BOX 1073 Navajo Router 65 Pinon, AZ 865101. CONTRACT TYPEThe Department of the Interior (DOI), Bureau of Indian Education (BIE), Division of Acquisitions anticipates awarding a single ¿Firm Fixed Priced.¿ type ¿Purchase Order.¿ for ¿Jeehdeez¿a HVAC repair¿ in support of ¿BIE Central¿ as a result of this opportunity. 2. PERIOD OF PERFORMANCE (POP)8/1/20213. PRICING SUMMARYAttachment 1, pricings schedule. Request pricing for the total quoted price.4. POINTS OF CONTACT (POC)Contracting Officer (CO) Contract Specialist (CS)Mary Jane JohnsonU.S. Department of the InteriorBureau of Indian EducationDivision of Acquisitions1011 Indian School Rd NWAlbuquerque, NM 87104Phone: 505-803-4259Email:MaryJane.Johnson@BIA.Gov Gertrude BryantU.S. Department of the InteriorBureau of Indian EducationDivision of Acquisitions1011 Indian School Rd NWAlbuquerque, NM 87104Phone:901-568-4147 Email:Gertrude.Bryant@BIA.GovContracting Officer Representative (COR) Contractor Point of ContactTo be added after award NamePhone EmailEtc SECTION C ¿ CONTRACT CLAUSES1. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES52.252-2 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 address: www.acquisition.gov. (End of clause)CLAUSES INCORPORATED BY REFERENCECLAUSE Title Date52.203-13 Contractor Code of Business Ethics and Conduct APR 201052.204-13 System for Award Management OCT 201852.232-18 Availability of Funds APR 198452.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 Clauses Incorporated by full text**Include FAR 52.203-17 in EVERY award over SAT**52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.(End of clause)52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021) (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: (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)). (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). (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). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (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)). (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: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)). __ (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.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (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). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a). __ (ii) Alternate I (Mar 2020) of 52.219-3. __ (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). __ (ii) Alternate I (Mar 2020) of 52.219-4. __ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). __ (ii) Alternate I (Mar 2020) of 52.219-6. __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). __ (ii) Alternate I (Mar 2020) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Jun 2020) of 52.219-9. __ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). __ (ii) Alternate I (Mar 2020) of 52.219-13. __ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f). __ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)). __ (ii) Alternate I (MAR 2020) of 52.219-28. __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)). __ (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 (Mar2020) (15 U.S.C. 637(m)). __ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). __ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)). _X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). _X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126). _X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. X__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). __ (ii) Alternate I (Jul 2014) of 52.222-35. _X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). __ (ii) Alternate I (Jul 2014) of 52.222-36. __ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). __ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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.) __ (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.) __ (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.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun2014) of 52.223-14. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b). __ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. __ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (46) 52.223-21, Foams (Jun2016) (E.O. 13693). __ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3. _X_ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83). __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 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. __ (ii) Alternate I (Jan 2021) of 52.225-3. __ (iii) Alternate II (Jan 2021) of 52.225-3. __ (iv) Alternate III (Jan 2021) of 52.225-3. __ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (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). __ (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. 2302Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). __ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020). __ (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)). __ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332). _X_ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). __ (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). __ (ii) Alternate I (Apr 2003) of 52.247-64. __ (iii) Alternate II (Feb 2006) of 52.247-64. (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: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67). __ (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). __ (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). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67). __ (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). __ (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). _X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020). __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). (d) 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 threshold, 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. (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. (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. (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. (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- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509). (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)). (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). (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). (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 threshold 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. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). (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. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67). (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). (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (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). (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. (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. (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)2. DEPARTMENT OF THE INTERIOR ACQUISTION REGULUATION (DIAR) CLAUSESBUY INDIAN CLAUSES (Reference)1452.226-70 Indian Preference.1452.226-71 Indian Preference Program.1452.280-1 Notice of Indian small business economic enterprise set-aside.1452.280-2 Notice of Indian economic enterprise set-aside.1452.280-3 Subcontracting limitations.1480.102 Buy Indian Act acquisition regulations.1452.280-4 Indian economic enterprise representation.The offeror represents as part of its offer that it [ ] does [] does not meet the definition of Indian economic enterprise as defined in 1480.201.[End of provision]3. CUSTOM CLAUSESElectronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:Under this contract, the following documents are required to be submitted as an attachment to the IPP invoicea. Upload contractor¿s itemized invoices as attachments into IPP.b. The Contractor shall submit an itemized invoice(s) in pdf format to the Contracting Officer and the Contracting Officer's Representative (COR) or AQM_COR.c. Invoice approval: Written Progress Report to validate the work was performed or goods were received, completed, and accepted by the Contracting Officer's Representative (COR) or AQM_COR.The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.(End of Local Clause)**Enter the following CPARS clause when they will be evaluated in CPARS ¿ See DOI-AAAP-0050 and FAR 42.1502 for requirements**BACKGROUND INVESTIGATION (Revised 04/01/2020)In accordance with 25 U.S.C. § 3201 et seq. (Pub. L. 101-630), the Indian Child Protection and Family Violence Prevention Act; 34 U.C.C. § 20351, et seq. (Pub. L. 101-647), the Crime Control Act of 1990, as amended; and 441 Departmental Manual, Personnel Security and Suitability Requirements, all positions with duties and responsibilities involving regular contact with or control over Indian children are subject to a background investigation and determination of suitability for employment. Accordingly, all such positions require a favorable background screening by the Bureau of Indian Education (BIE), Personnel Security and Suitability Program and a favorable background investigation by the Defense Counterintelligence Service Agency (DCSA).The documentation required to initiate a background investigation shall be completed for any Contractor employee that will be onsite during the contract¿s performance or have access to Personally Identifiable Information (PII). The complete submittal of the background investigation paperwork to the BIA/BIE will be accomplished within 14 days after contract award for service contracts or, for construction contracts, before a Notice to Proceed (NTP) is issued by the Contracting Officer. Pending the successful completion of a background investigation by the BIA/BIE and/or DCSA, the Contractor who has been granted a favorable screening (applicant and suitability) determination must, at all times, remain within sight and under the supervision of a Government employee (or other person designated by the Contracting Officer Representative (COR), who has successfully completed the background investigation. If an unfavorable screening (applicant and suitability) determination is made, an employee shall not be allowed onsite. If the Contractor¿s employees are found onsite, without the proper authorization, the employee will face legal liability and the Contractor may have their contract terminated for default. Additionally, the individual and/ or the company who proposed to employ this individual may be determined to be non-responsible if an unfavorable screening (applicant and suitability) determination is made and may be deemed ineligible for contract award. If an unfavorable final background investigation determination is made, the contract may be terminated and the employee in question shall not be authorized to provide service to the BIA/BIE if the services involve contact with or regular control over Indian children. It is solely the COR¿s responsibility to initiate background checks for all Contractors and their employees in the BIE BEARCUBS system, which includes but is not limited to appropriate investigative forms and/or inquiries about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.The Contracting Officer will consult with the COR when questions arise as to whether or not the scope of work of a contract requires background investigations for contractor personnel. If the Contracting Officer or COR believes the scope of work performed by contract personnel should not require a background investigation, the Personnel Security Officer will be contacted for concurrence and has the final authority to determine if background investigation(s) are required.(End of Clause)REPORTING MATTERS INVOLVNIG FRAUD, MISMANAGEMENT, WASTE AND ABUSEAnyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in DOI funded programs is encouraged to report such matters to the DOI Inspector General¿s Office in writing or on the Inspector General¿s Hotline. The toll free number is 1-800-424-5081. All telephone calls will be handled confidentially. One may also fill out an online form at http://www.doi.gov/oig/index.cfm. Additionally, the IG may be contacted through its mailing address:U.S. Department of the InteriorOffice of Inspector General1849 C Street NW - Mail Stop 4428Washington, D.C. 20240¿SECTION D ¿ DOCUMENTS, EXHIBITS AND ATTACHMENTSAttachment Number Title Notes1 STATEMENT OF WORK 2 Wage Rate Determination No.
140A2321Q0308 Department of the Interior Bureau of Indian Affairs Bureau of Indian Education
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