36C10E20Q0229_1.docx

36C10E20Q0229

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

VA

36C10E20Q0229 07-24-2020

GREGORY STEVENS

313-471-3936 08-03-2020

3 PM

00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006 X X 811219 $22 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Chicago Regional Office 2122 W. Taylor St.

Chicago IL 60612 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006

All invoices must be emailed to:

gregory.stevens@va.gov

See CONTINUATION Page The contractor will provide maintenance and repair service for the Uninterruptible Power Supply system at the Chicago Regional Office of the Veterans Benefits Administration pursuant to the terms and conditions contained herein.

See CONTINUATION Page X X X Gregory Stevens

VA-VBA-2016-9940164E

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR: Name: ___________________________________________

Address: _________________________________________

City, State, Zip: ___________________________________

Telephone Number: ________________________________

Fax Number: _____________________________________

DUNS: __________________________________________

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management, or

[NA] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [NA]

b. Semi-Annually [NA]

c. Other [X] monthly

4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted via email to the following address:

gregory.stevens@va.gov

5. SUBMISSION OF OFFER:

a. Offerors shall complete Blocks 17, and 30 of SF 1449, the Contract Administration Data on Page 3, and the Price/Cost Schedule listed on Page 6.

b. Offerors shall also complete and return all information designated in:

· 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS, incorporated by reference;

· Instructions for Submission of Bid, pages 52 – 53;

· 52.212-3 Representations and Certifications on pages 56 – 73. (Representations and Certifications need not be completed if offeror completed them at the online site www.SAM.gov)

The information/documentation listed above in sections 5 a-b must be returned prior to the date and time specified in Block 8 of SF 1449 in order to be considered for award. Offers will only be received via email sent to gregory.stevens@va.gov The Simplified Acquisition Procedures of FAR Subpart 12.6 and 13.5 are being used to conduct this procurement.

c. By submission of an offer, the offeror acknowledges the requirement that they shall be registered in the System for Award Management (SAM). Offerors who are not registered in SAM should consider applying for registration immediately. Registration in SAM is a requirement to conduct business with the Federal Government. If the offeror is not registered in SAM at the due date and time for the submission of bids, the offeror will be removed from further consideration for award.

d. This procurement is set-aside 100% for Service Disabled, Veteran-Owned Small Businesses. In order to be considered for award, Offerors shall have a valid, current registration at the VA’s Vendor Information Pages (VIP) (https://www.vip.vetbiz.gov/) at the due date and time for the submission of bids. Offerors who are not VIP verified will be rejected as non-responsive.

e. Any resultant contract, if awarded to an SDVOSB, will be subject to the Limitations on Subcontracting clause set forth in this solicitation. For the Government to determine the extent and viability of a contractor being able to comply with this clause, the Government will evaluate the degree to which a prospective offeror will utilize other than service-disabled veteran owned or veteran owned small business concerns in the performance of the contract. (see Instructions for Submission of Bid for further details)

6. BASIS FOR AWARD: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE AND STATEMENT OF WORK

ITEM INFORMATION

Contractor will provide two (2) preventative maintenance visits per year and as-needed, on-call maintenance of the UPS system as described in the Statement of Work.

Contract Period: Base POP Begin: 09-01-2020 POP End: 08-31-2021

Contractor will provide two (2) preventative maintenance visits per year and as-needed, on-call maintenance of the UPS system as described in the Statement of Work.

Contract Period: Option 1 POP Begin: 09-01-2021 POP End: 08-31-2022

Contractor will provide two (2) preventative maintenance visits per year and as-needed, on-call maintenance of the UPS system as described in the Statement of Work.

Contract Period: Option 2 POP Begin: 09-01-2022 POP End: 08-31-2023

Contractor will provide two (2) preventative maintenance visits per year and as-needed, on-call maintenance of the UPS system as described in the Statement of Work.

Contract Period: Option 3 POP Begin: 09-01-2023 POP End: 08-31-2024

Contractor will provide two (2) preventative maintenance visits per year and as-needed, on-call maintenance of the UPS system as described in the Statement of Work.

Contract Period: Option 4 POP Begin: 09-01-2024 POP End: 08-31-2025

Department of Veterans Affairs Chicago Regional Office

STATEMENT OF WORK (SOW)

APC UPS System Agreement

Part 1. General Information

1.1 Background: The Department of Veterans Affairs (VA) Chicago Regional Office (CRO) has a requirement for onsite maintenance and repair services for one (1) Symmetra PX 40kW Uninterrupted Power Supply (UPS) Back-Up system. The VA intends to make a single (all or none), firm‐fixed‐price award for a 12-month period with four option years.

1.2 Scope of Work: The contractor will furnish all repair parts, labor, transportation and supplies required to accomplish twice a year preventative maintenance (PM) which will include inspecting, cleaning, adjusting, calibrating and repairing of the Symmetra PX40kw / PDU. The contractor will also provide a Maintenance/Service Agreement under which the contractor will diagnosis/repair any error condition or anomaly that may occur during daily standard usage or is diagnosed during a PM visit. The contractor will ensure the Uninterruptible Power Supply System is operating at levels necessary to provide the specified functions to meet the manufacturer’s current equipment specifications.

1.3 Applicable Documents: VA Handbook 6500.6

1.4 Period of Performance: The base year Period of Performance will be 12 months with four 12-month option years exercisable at the discretion of the VA.

1.5 Safety Requirements: While in performance of the resultant contract, the contractor will maintain safety and health standards compliant with requirements of the Occupational Safety and Health Administration (OSHA) and all other applicable local, state and federal health and safety requirements.

1.6 Security Requirements: Upon entering VA building(s) contractor/subcontractor employees will be required to show proof of identity (must have a valid photo ID) as well as pass through a security screening. All contractor/subcontractor personnel will be subject to the same Federal security and privacy laws, regulations, standards and VA policies as VA personnel, including the Privacy Act, 5 U.S.C. §552a, regarding information and information system security. Contractor will be escorted in the VA office buildings at all times. The UPS System is accessible from within the computer room. The contractor will be accompanied by designated government IT personnel and will sign in upon entering the computer room. Services will not require connection to the VA network. The C&A requirements do not apply, and a Security Accreditation Package is not required.

1.6.1 The contractor will not disclose or cause to disseminate any information concerning operations of Department of Veterans Affairs. Such action(s) could result in violation of the contract and possible legal actions.

Part 2. Definition and Acronyms: N/A

Part 3. Government-Furnished Items and Services

3.1 The following table includes the model, serial number, brand and description for the Uninterruptible Power Supply (UPS) Systems, Power Distribution Unit and Cooling Units. All the units are located at 2122 West Taylor Street, Computer Room 161, Chicago, IL. 60611.

XF0343000508

Part 4. Contractor-Furnished Items and Services

4.1 The contractor will furnish all personnel, materials, labor, parts, supplies, travel, supervision and equipment required to perform the work described in paragraph 1.2 above, including tools and expendable items.

4.2 The contractor will provide one designated point of contact (POC) to the government’s designated representative for coordination of parts delivery, and/or maintenance. The POC will be empowered to make daily decisions to ensure contract implementation and day-to-day maintenance meets the terms and conditions of the resulting contract.

4.3 The contractor will provide a toll-free telephone number for service calls, which must be answered during at least eight working hours, between 8:00 am and 4:30 pm central, Monday through Friday.

4.4 Parts/Supplies Availability: The contractor will have an inventory of parts and supplies in quantities sufficient to effectively service the resulting contract. The contractor will have an internal inventory system and delivery system for the parts and supplies. The inventory and delivery system must be sufficient to service the contract in accordance with the maintenance response times specified in paragraph 5.1

4.5 Personnel Qualifications: The contractor will be required to provide fully qualified and APC manufacturer trained or certified service, delivery, and management personnel in sufficient numbers to actively and efficiently service and support the scanners in place during the contract period.

4.6 The contractor will oversee the routine scheduled and unscheduled maintenance and repair of all of the items listed in SOW paragraph 3.1.

Part 5. Specific Tasks

5.1 Service Calls: The contractor will respond to service calls during normal working hours, Monday through Friday, excluding holidays observed by the Federal Government, to diagnosis/repair any error condition or anomaly being reported by the VA. The contractor will respond to verbal service calls and is expected to initiate the repairs within four (4) working hours after notification of malfunction. The response time on a service call starts when the service call is placed to the contractor. The service technician will report to the service requestor and notify of his/her arrival and verify the problem for which the service call was made. If the service call is not completed, the service technician will contact the government’s designated representative and provide a detailed explanation as to why the item was not repaired and provide an estimated time for completion of the required repairs. The contractor will complete the repairs and satisfactorily resolve the problem by effectively restoring the item to normal operating capability within 24 hours of responding.

5.2 Preventive Maintenance: The contractor will be responsible for performing two PM visits annually wherein the contractor will complete any routine maintenance and repair work required to maintain the Uninterruptible Power Supply System in the condition prescribed by the original equipment manufacturer’s recommended guidelines and/or warranty requirements where the warranty remains in force. The contractor will examine, test, adjust the equipment, and as conditions warrant, repair or replace parts in accordance with original equipment manufacturer standards. The contractor will maintain the Uninterruptible Power Supply System at levels necessary to provide the specified functions to meet the manufacturer’s current equipment specifications to include the following:

TWO ANNUAL PREVENTIVE MAINTENANCE SERVICE DELIVERABLES

The included Annual Preventive Maintenance Service visits necessitate the contractor’s authorized service personnel at the customer’s location on a pre-determined scheduled date. The following list includes the details of the service tasks the contractor will provide with these visits: action, Cleaning and Verification Activities Description Perform Visual Inspection Contractor will inspect UPS solution to ensure that all system components are clean and functioning as they should be. Appropriate action will be taken as necessary.

Perform Environmental Inspection Contractor will verify and document the system’s environment is within specified operating conditions such as room temperature, airflow, dust contamination, etc.

Perform Electronic Inspection Contractor will inspect all power and control wire termination points as well as all UPS and battery system components

Complete Functional Verification Contractor will check UPS event log for any alarms. The voltage and current to and from the unit will be verified. The contractor will verify proper transfer to battery operation and will test the static bypass.02892 800-800-4272 11/07/06 Activities Description Implement Updates Contractor will verify firmware revision and update as required.

Deliver Documentation Within five (5) business days of their visit, the contractor will deliver their site report to customer documenting UPS status, recording on-site activities and recommending additional service activities, as needed resulting from the preventive maintenance activities listed above. Lead-time for Annual Preventive Maintenance Service scheduling will be no more than two (2) weeks. The contractor will ensure the system is totally shut down in order to complete a full system preventive maintenance visit.

ON-SITE SERVICE DELIVERABLES

The On-Site Service requires contractor authorized technicians on location within a specified period of time to diagnose, repair and test the Symmetra® PX in the event of any error condition or anomaly that may occur. The following table lists the details of the service tasks provided with this visit.

Activities Description Check UPS Status Contractor will document the status of the UPS upon arrival to the site (i.e. On-Line, On-Battery, Static Bypass, or other etc.

Check UPS Alarms Contractor will view event logs and display for alarms / information on both UPS and static bypass switch.

Diagnose Contractor will troubleshoot reported issue as required.

Repair Contractor will replace any defective parts and repair the system as required with allowed cost adjustment/authorizations.

Test Contractor will complete functional tests conducted after corrective action is taken.

Prepare and Deliver Report Contractor will describe the defect/failure and describe the corrective action taken. A detailed report will be provided within two (2) business days of the service call.

5.3 The contractor will provide one (1) consolidated monthly invoice in arrears that includes the following information. Contract and Obligation Numbers; if applicable the description of repair services rendered; Company Name; Address and phone number; Invoice Date; Invoice Number (Note that each invoice must have a different invoice number); and one (1) consolidated monthly contracted rate for items listed in SOW paragraph 3.1.

5.4 The contractor will provide recommendations for upgrade or replacement of equipment based on periodic maintenance and/or other factors based on the hardware manufacturer’s specification.

Part 6. Government Point of Contact/Contracting Officer Representative (COR):

To be provided upon award

Part 7. Changes to the Statement of Work (SOW):

Any changes to this SOW will be authorized and approved only through written correspondence from the Contracting Officer. Costs incurred by the contractor through the actions of parties other than the Contracting Officer will be borne by the contractor.

The following items are not included in the scope of this service:

· Support for third party equipment.

· Total battery replacement: Batteries will be replaced on a remedial basis. Up to 20% of the total installed quantity will be replaced until the batteries exceed 5 years of age. Repairs exceeding this percentage, or for batteries beyond the 5-year life cycle, require a proactive customer purchase of the total battery system. Units that have batteries older than 5 years cannot hold an onsite service agreement.

B.3 DELIVERY SCHEDULE

Chicago Regional Office 2122 W. Taylor Chicago, IL 60612

USA

313-471-3936 x2225

Chicago Regional Office 2122 W. Taylor Chicago, IL 60612

USA

Chicago Regional Office 2122 W. Taylor Chicago, IL 60612

USA

Chicago Regional Office 2122 W. Taylor Chicago, IL 60612

USA

Chicago Regional Office 2122 W. Taylor Chicago, IL 60612

USA

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[NA] 852.209–70, Organizational Conflicts of Interest.

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

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

[NA] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [NA] 852.214–73, Alternate Packaging and Packing.

[NA] 852.214–74, Marking of Bid Samples.

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

[NA] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

[NA] 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.

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

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

[NA] 852.228–70, Bond Premium Adjustment.

[NA] 852.228–71, Indemnification and Insurance.

[NA] 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.

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

[NA] 852.233–71, Alternate Protest Procedure.

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

[NA] 852.246–71, Rejected Goods.

[NA] 852.246–72, Frozen Processed Foods.

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

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

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

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

[NA] 852.271–74, Inspection.

[NA] 852.271–75, Extension of Contract Period.

[NA] 852.273–70, Late Offers.

[NA] 852.273–71, Alternative Negotiation Techniques.

[NA] 852.273–72, Alternative Evaluation.

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

[NA] 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:

[NA] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

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

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

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

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

(End of Clause)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

(End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

(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 2019) (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:

[NA] (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).

[NA] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[NA] (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.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[NA] (5) [Reserved] [NA] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[NA] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[NA] (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).

[NA] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[NA] (10) [Reserved] [NA] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[NA] (ii) Alternate I (MAR 2020) of 52.219-3.

[NA] (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).

[NA] (ii) Alternate I (MAR 2020) of 52.219-4.

[NA] (13) [Reserved] [NA] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[NA] (ii) Alternate I (MAR 2020).

[NA] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[NA] (ii) Alternate I (MAR 2020) of 52.219-7.

[NA] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[NA] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[NA] (ii) Alternate I (NOV 2016) of 52.219-9.

[NA] (iii) Alternate II (NOV 2016) of 52.219-9.

[NA] (iv) Alternate III (JUN 2020) of 52.219–9.

[NA] (v) Alternate IV (JUN 2020) of 52.219–9.

[NA] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[NA] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[NA] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C 632(a)(2)).

[NA] (ii) Alternate I (MAR 2020) of 52.219-28.

[NA] (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)).

[NA] (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)).

[NA] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[NA] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[NA] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (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).

[NA] (ii) Alternate I (FEB 1999) of 52.222-26.

[NA] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[NA] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[NA] (ii) Alternate I (JULY 2014) of 52.222-36.

[NA] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[NA] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[NA] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[NA] (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.)

[NA] (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.)

[NA] (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.)

[NA] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[NA] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[NA] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[NA] (ii) Alternate I (OCT 2015) of 52.223-13.

[NA] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[NA] (ii) Alternate I (JUN 2014) of 52.223-14.

[NA] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[NA] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[NA] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[NA] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[NA] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[NA] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[NA] (ii) Alternate I (JAN 2017) of 52.224-3.

[NA] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[NA] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 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.

[NA] (ii) Alternate I (MAY 2014) of 52.225-3.

[NA] (iii) Alternate II (MAY 2014) of 52.225-3.

[NA] (iv) Alternate III (MAY 2014) of 52.225-3.

[NA] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (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).

[NA] (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).

[NA] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[NA] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[NA] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[NA] (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)).

[NA] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[NA] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[NA] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[NA] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[NA] (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).

[NA] (ii) Alternate I (Apr 2003) of 52.247-64.

[NA] (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:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (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).

MAINTENANCE II

[NA] (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).

[NA] (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).

[NA] (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).

[NA] (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 (DEC 2015).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[NA] (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 2019) (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 2016) (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 (JAN 2019) (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 (MAY 2014) (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 (DEC 2015).

(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)

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 SERVICE CONTRACT ACT WAGE DETERMINATION, COOK COUNTY, IL.

The McNamara-O'Hara Service Contract Act (SCA) applies to every contract entered into by the United States or the District of Columbia, the principal purpose of which is to furnish services to the United States through the use of service employees. The SCA requires contractors and subcontractors performing services on covered federal or District of Columbia contracts in excess of $2,500 to pay service employees in various classes no less than the monetary wage rates and to furnish fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. Safety and health standards also apply to such contracts.

The compensation requirements of the SCA are enforced by the Employment Standards Administration's Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL). The SCA safety and health requirements are enforced by the Occupational Safety and Health Administration (OSHA) within DOL.

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-5018 Daniel W. Simms Division of | Revision No.: 16 Director Wage Determinations| Date Of Last Revision: 05/13/2020 Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2020. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Illinois

Area: Illinois Counties of Cook Du Page McHenry

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 17.25 01012 - Accounting Clerk II 19.37 01013 - Accounting Clerk III 21.66 01020 - Administrative Assistant 29.03 01035 - Court Reporter 22.28 01041 - Customer Service Representative I 14.65 01042 - Customer Service Representative II 16.47 01043 - Customer Service Representative III 17.97 01051 - Data Entry Operator I 16.25 01052 - Data Entry Operator II 17.73 01060 - Dispatcher Motor Vehicle 24.18 01070 - Document Preparation Clerk 18.54 01090 - Duplicating Machine Operator 18.54 01111 - General Clerk I 14.14 01112 - General Clerk II 15.42 01113 - General Clerk III 17.31 01120 - Housing Referral Assistant 22.12 01141 - Messenger Courier 15.67 01191 - Order Clerk I 16.20 01192 - Order Clerk II 17.68 01261 - Personnel Assistant (Employment) I 17.84 01262 - Personnel Assistant…