36C24118Q0250-001.docx

36C24118Q0250

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

523-18-2-7071-0021 36C24118Q0250 03-2 -2018 Julie A. Lemire 603-629-3293 04-16-2018

3PM

Department of Veterans Affairs VAMC Manchester 718 Smyth Road Manchester NH 03104 X Y 339113 750 Employees N30 N/A X Department of Veterans Affairs VAMC Manchester 718 Smyth Road Manchester NH 03104 Department of Veterans Affairs VAMC Manchester 718 Smyth Road Manchester NH 03104

Department of Veterans Affairs Financial Services Center per VAAR Clause 852.232-72 Electronic Submission of Payment Request http://www.fsc.va.gov/einvoice.asp See CONTINUATION Page This solicitation is for a Request for Quote for a lease to own Design/Build Turn Key System for a Modular Clean Room/Compounding suite for the Pharmacy Department at the West Roxbury VAMC Per the attached Statement of Work (SOW) described herein.

Contractor shall provide all labor, material, equipment, transportation and supervision necessary to Design/Build Turn Key System for a Modular Lean Room Compounding Suite for the Pharmacy Department.

To submit proposals, Offerors shall follow instructions in FAR 52.212-1. Award will be made to one offeror whose quote conforms to the RFQ requirements and is evaluated to represent the best value to the government.

All quotes shall be emailed to Julie.Lemire@VA.GOV

All Request for Information pertaining to this solicitation be Submitted in writing to Julie.Lemire@VA.GOV

Any quote not compliant with RFQ requirements will NOT be considered.

Thank you, See CONTINUATION Page X X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

Intentionally Left Blank

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: To Be Determined

b. GOVERNMENT: Contracting Officer 36C241 Department of Veterans Affairs VAMC Manchester 718 Smyth Road Manchester NH 03104

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center per VAAR Clause 852.232-72 Electronic Submission of Payment Request http://www.fsc.va.gov/einvoice.asp

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

Statement of Work Lease for Modular Clean Room Suite WR VA Boston Healthcare System West Roxbury Ma, 02132

1) Background:

The VA currently has a USP 797 clean room suite that is out of operation due to repeated failures regarding environmental monitoring and certification. This lease will fit out current space to accept a modular clean room suite that meets all current USP 797-800 requirements.

2) Lease term:

The VA Boston Healthcare System will be funding the lease cost of the unit, plus the service contract with the lessor for a minimum of 60 months, with the ability to purchase the equipment at the end of term. Lease shall commence upon acceptance of terms. Lease-service period may only be extended with written authorization from the contracting officer.

3) Technical requirements:

Offeror shall be able to provide a complete turnkey product including all design, installation, administration, employee training, weekly cleaning, environmental monitoring, certification and technical support. Offer shall act as a single point of contact for any and all issues related to the modular clean room. Subcontracting services for cleaning, certification, environmental monitoring and training is not permitted.

4) Engineering and Design

4) Clean room requirements:

The modular clean room suite shall be located at the VA Boston Healthcare System, West Roxbury campus, 1400 VFW parkway, West Roxbury ma 02132. The suite will consist of approx. 680 sq. ft. iso-7 sterile cleanroom suite. This lease consists of various architectural, structural, and mechanical, HVAC, controls and low voltage wiring, electric power wiring, lighting, sprinkler, and plumbing work to create four new cleanroom spaces in the space adjoining the existing pharmacy operation. Offeror shall facilitate and coordinate the efforts of all of the trades involved during buildout, including electrical, mechanical, plumbing, sprinkler.

It shall be the responsibility of the offeror to provide the VA Boston Healthcare System with the products and services and associated quantities to meet the requirements of the lease.

The Clean Room Suite Shall Include The Following Architectural Requirements And Specifications:

· Offeror shall furnish and install on existing sub-floor new 3“ aluminum clad, powder coat finish modular wall panels to create the cleanroom suite. Wall panels shall consist of 3" EPS core with smooth white painted, aluminum facings with chemical resistant finish on all exposed surfaces. Wall panels shall have internal structural support as required for suspended ceiling loads.

· Offeror shall provide structural engineering for the new cleanroom ceiling support.

· Offeror shall furnish and install nine (9) door units 36'w x 84"h. Doors shall be full glass/aluminum storefront-type with neoprene seals, drop down door bottoms, hands-free auto closers, and hardware. Glazing for the doors shall be ¼" clear tempered glass.

· Offeror shall furnish and install three (3) emergency exit signs.

· Offeror shall outfit wall system with seven (7) 36'w x 30" double flush windows. Glazing shall be 3/16" clear tempered glass. Window frames shall be flush mount framed with no interior ledge.

· Offeror shall furnish and install a steel joist system supported from the cleanroom walls as necessary to support the additional weight of the new cleanroom ceiling and miscellaneous mechanical and electrical components.

· Offeror shall furnish and install a 2" insulated panel ceiling over the hazardous suite to create a sealed negative pressure plenum above the suite.

· Offeror shall furnish and install a USG 1 1/2" wire supported gasketed cleanroom grid system.

· Offeror shall furnish and install new vinyl faced gypsum blank ceiling tiles with all edges sealed.

· Offeror shall furnish and install nine (9) new HEPA fan filter modules in the clean room suite.

· Offeror shall furnish and install nine (9) all new HEPA filters with CTS test ports, to allow for repeatable PAO filter challenge testing as required per MBOP and USP 797.

· Offeror shall furnish and install nine (9) new sealed cleanroom 2'x4' 132w four lamp cleanroom grade light fixtures serving all suites.

· Offeror shall furnish and install five (5) emergency battery powered fixtures in the above light fixtures.

· Offeror shall furnish and install epoxy coated aluminum low wall return air chases with grilles and dampers for maintaining room pressurization control.

· Offeror shall furnish and install four (4) 2'x2'x2' polypropylene materials pass thru. Each pass thru shall incorporate interlocking clear vision doors.

· Offeror shall furnish and install approx. 35 (35) recessed electrical boxes with electrical raceways imbedded into wall panels. Boxes can be used for convenience receptacles, light switches, fire alarm devices, data, phone, exit signs, and emergency lights as required. Electrical boxes shall be outfitted with noted devices and prewired to junction box for final circuit wiring to client provided circuit(s).

· Offeror shall furnish and install a sheet vinyl finish floor with welded seams and 4" integral flash cove inside the both cleanroom suites.

· Offeror shall furnish and install a sheet vinyl finish floor with welded seams and 4" surface applied vinyl cove base inside the product prep area.

· Offeror shall furnish and install a door control, pressure and T&H control monitoring system.

· Offeror shall furnish and install four (4) cleanroom sinks with eyewash station attached at the faucet.

· Offeror shall provide and install all trim and accessories to provide a finished j ob.

· Offeror shall rough clean the area prior to cleanroom sanitization.

· Offeror shall provide all clean room furniture, including PEC’s as agreed upon with client.

The clean room suite shall include the following mechanical requirements and specifications:

· Offeror shall provide and install two (2) electric cooling and heating DX package systems for multiple temp/RH zones in each suite to control at 68F± 1 ᵒ F and 35-55%.

· Offeror shall provide two 18" high roof curb

· Offeror shall provide and install two direct drive exhaust fans with redundant fail-safe feature.

· Offeror shall provide a detailed equipment schedule and an electrical circuit diagram defining the power requirements of all mechanical equipment.

· Offeror shall provide 5 year full labor warranty and 5 year manufacturer's compressor-only warranty on refrigeration units.

· Offeror shall provide two (2) electric steam humidifiers with 5 micron sediment water filter, dew point control, and auto quench.

· Offeror shall provide two (2) high temp condensate pumps to a suitable drain within 20ft.

· Offeror shall provide and install sheet metal ductwork, hangers, insulation, and specialties as required.

· Offeror shall provide two (2) electric duct heaters with airflow and over temp safeties.

· Offeror shall provide six (6) airflow monitoring stations and associated DP sensors for duct CFM measurement and air flow control.

· Offeror shall provide and install one duct smoke detector in the system to safely shut down HVAC equipment in case of smoke.

· Offeror shall provide and place two (2) NuAire Nu 201-530 5’ horizontal laminar flow cabinets, four (4) Nuaire NU 425-400 4 foot Class II A2 biological safety cabinets.

· Offeror shall provide startup, functional air balance, documentation, O&M manuals, and up to four hours training for Client and Client's HVAC service technician.

The Clean Room Suite shall include the following UL Compliant Door Interlock system

· Offeror shall furnish and install an interlock system in both airlocks. Door system shall be factory integrated into the cleanroom wall/door system. The door interlock system shall consist of the following hardware:

· Eight (8) Magnetic Locks (1 per door).

· LED lamp indicators on each side of the doors (Green -Go/Red - Stop).

· Eight (8) Emergency Exit Push Buttons (Magnetic release) at each door.

The Clean Room Suite shall include the following Controls

· Controls shall be fully compatible with TRANE Tracer ES Building Management system

· Offeror shall provide and install a digital programmable control system for fully automatic operation of equipment. System shall include control panel, sensors, actuators, VFD and control wiring, alarm lamp and horn with horn defeat, startup, and training. Control panel shall be outfitted with a touch panel PC. Control panel shall be a UL508A approved assembly.

· Control system shall manage the cleanroom mechanical package providing all staging and capacity control.

· System shall actively monitor equipment for proper operation and alarm upon mechanical failure or degraded operation.

· Offeror shall provide and install two (2) VFD to control the air handler supply fan speed.

· VFD's shall be outfitted with line and load reactors; VFD assemblies shall be UL508A approved panels.

The Clean Room Suite shall include the following UL Compliant Environmental Alarm Monitoring System (EAM)

· Offeror shall furnish and install room differential pressure sensors with LCD displays at each cleanroom doorway. Sensors shall support NIST calibration certification.

· Offeror shall furnish and install four (4) relative humidity sensors. Sensors shall support NIST calibration certification.

· Offeror shall furnish and install four (4) zone temperature sensors. Sensors shall support NIST calibration certification.

· Offeror shall furnish and install two water detectors at the condensate pump location.

· Offeror shall furnish a graphical interface resident on control panel PC. This interface shall display current room status and set points, and shall allow adjustment of set points and mode function by Client. Client shall be able to view all DP, temperature, and %RH readings and set points for each room on the control panel display screen. Data shall be presented in an X, Y graphical chart format. The graphical chart shall allow the client to review the data in real time and historical mode.

· The environmental alarm monitoring system (EAM) shall support real time display and electronic historical record keeping.

· The PC base program shall be set as an Excel file, allowing review of the system from any designated PC's on the client's network.

· The system shall support alarm notification to the client.

· System shall employ economy mode/night setback, time clock, and holiday scheduling routines for operating cost savings.

· The system shall be programmed on 7 day, 24 hour schedule so the room set points can change and selected mechanical system components can cycle back or off automatically during off hours, holidays, and weekends.

· The EAM system will be integrated into the base HVAC controls (TRANE TRACER ES).

5) Sterilization/Certification

· Perform USP <797> required certification testing including certification of primary engineering controls, HEPA filter integrity testing, ISO 14644-1 testing, differential pressure surveys, and airflows including air change per hour calculations.

· Perform monthly viable environmental monitoring of the certified spaces as required by USP <797> utilizing dual media methodology. Sampling plan will contain 24 volumetric (impaction) air sampling sites and 26 surface sampling sites. Additionally, samples for informational purposes will be taken in the unclassified space outside of the cleanroom.

· Prior to performing viable environmental monitoring: Provide all labor and materials needed to perform a Vaporized Hydrogen Peroxide-Peracetic Acid (VHP-PAA) decontamination of the cleanroom space, and then annually thereafter. All work will be performed per AST SOP D11-VHPDS. This SOP shall be provided to the Client and the scope of worked agreed upon before the commencement of any work. Biological Indicators (BI's) will be placed throughout the Clean Room in areas agreed upon by offeror and the Client, prior to the start of the VHP-PM fumigation. All BI's shall be collected after the decontamination and sent to the laboratory for analysis. A minimum 4 log reduction of the BI's is guaranteed, or the process shall be repeated at offerors expense. A written report of findings shall be provided to the Client after all laboratory results are obtained.

6) Training

a) Although the service of the units will be covered under the lease with lessor, the lessor shall provide training to staff as follows:

i) Training for pharmacy staff on the operation and use of all utility systems including electrical power and lighting, HVAC, and communications.

ii) Training for pharmacy staff on the operation of all equipment provided

iii) Training for pharmacy staff on all safety measures particular to the modular clean room suite including fire sprinkler system and evacuation plans.

b) The contractor shall provide technical training relating to emergency servicing and routine servicing to engineering staff and support staff as follows:

i) Operation and use of all utilities systems extensions/connections including electrical power, medical gas, lighting, and communications.

ii) O&M instructions to VA Boston Healthcare System engineering staff to perform emergency servicing of the modular clean room suite.

c) The Contractor Shall Provide A Minimum Of 40 Hours Of Combined Training To The Pharmacy/Engineering Staff. The Division Of The 40 Hours Will Be Mutually Agreed Upon Between The Contractor And VA Boston Healthcare System

7) Service, Operation and Maintenance (O&M):

a) O&M And Repair Service Shall Be Provided As Required To Maintain The Complete Installation In Full Operating Order And Compliance With All Codes.

i) Contractor Shall Provide Routine Preventive Maintenance In Accordance With The Manufacturer’s Maintenance Schedule As Well As Repairs/Unscheduled Maintenance Of The Contractor Furnished Modular Clean Room suite, Accessories, Equipment, And Other Items And Equipment Furnished By The Contractor. The Cost For This Service Shall Be Included In The Lease For These Items.

ii) VA Boston Healthcare System Will Provide The Following Operations And Maintenance Functions:

8) Codes And Standards: Contractor Shall Comply With The Requirements Of The Following Codes And Standards. Codes And Standards Are Available From The Governing Code Writing Body. The Code Shall Be The Most Recent One Available.

a) Uniform Federal Accessibility Standards (Ufas)

b) Ibc-06, International Building Code

c) Ipc-06, International Plumbing Code

d) Ifgc-06, International Fuel Gas Code

e) Nfpa 70, National Electrical Code (Nec)

f) Nfpa 72 , Fire Alarm Code

g) Nfpa 99, Health Care Facilities

h) Nfpa 101, Life Safety Code, (Lsc).

i) Fgi Facilities Guidelines Institute (Formerly Aia) Guidelines For Design And Construction Of Health Care Facilities,

j) The Joint Commission On Accreditation Of Healthcare Originations (The Joint Commission) Standards Are To Be Met Or Exceeded.

k) The VA Boston Healthcare System Standards Shall Be Met.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Period: Base POP Begin: 05-01-2018 POP End: 04-30-2019

Contract Period: Base POP Begin: 05-01-2018 POP End: 04-30-2019

Contract Period: Option 1 POP Begin: 05-01-2019 POP End: 04-30-2020

Contract Period: Option 2 POP Begin: 05-01-2020 POP End: 04-30-2021

Contract Period: Option 3 POP Begin: 05-01-2021 POP End: 04-30-2022

Contract Period: Option 4 POP Begin: 05-01-2022 POP End: 04-30-2023

B.3 DELIVERY SCHEDULE

1400 VFW Parkway ATTN: West Roxbury - Pharmacy West Roxbury, MA 02132 4927 1.00

Jamie.Romaniak@va.gov

1400 VFW Parkway ATTN: West Roxbury - Pharmacy

12.00

1400 VFW Parkway ATTN: West Roxbury - Pharmacy

12.00

1400 VFW Parkway ATTN: West Roxbury - Pharmacy

12.00

1400 VFW Parkway ATTN: West Roxbury - Pharmacy

12.00

1400 VFW Parkway ATTN: West Roxbury - Pharmacy

12.00

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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 52.252-2 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)

C.2 52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

(a) The Government may purchase the equipment provided on a lease or rental basis under this contract. The Contracting Officer may exercise this option only by providing a unilateral modification to the Contractor. The effective date of the purchase will be specified in the unilateral modification and may be any time during the period of the contract, including any extensions thereto.

(b) Except for final payment and transfer of title to the Government, the lease or rental portion of the contract becomes complete and lease or rental charges shall be discontinued on the day immediately preceding the effective date of purchase specified in the unilateral modification required in paragraph (a) of this clause.

(c) The purchase conversion cost of the equipment shall be computed as of the effective date specified in the unilateral modification required in paragraph (a) of this clause, on the basis of the purchase price set forth in the contract, minus the total purchase option credits accumulated during the period of lease or rental, calculated by the formula contained elsewhere in this contract.

(d) The accumulated purchase option credits available to determine the purchase conversion cost will also include any credits accrued during a period of lease or rental of the equipment under any previous Government contract if the equipment has been on continuous lease or rental. The movement of equipment from one site to another site shall be “continuous rental.”

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.4 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 15ays.

(End of Clause)

C.5 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 15ays; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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, six (6) months.

(End of Clause)

C.6 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause— Alaska Native Corporation (ANC) means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

Commercial item means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

Commercial plan means a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

Electronic Subcontracting Reporting System (eSRS) means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

Individual subcontracting plan means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

Master subcontracting plan means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved.

Reduced payment means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.

Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

Total contract dollars means the final anticipated dollar value, including the dollar value of all options.

Untimely payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor.

(c)(1) The Offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The subcontracting plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract.

(2)(i) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(ii) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if—

(A) The subcontractor is registered in SAM; and

(B) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.

(iii) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.

(iv) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.

(d) The Offeror's subcontracting plan shall include the following:

(1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626—

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe; and

(ii) Where one or more subcontractors are in the subcontract tier between the prime Contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate Contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(2) A statement of—

(i) Total dollars planned to be subcontracted for an individual subcontracting plan; or the Offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to—

(i) Small business concerns;

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns; and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, SAM, veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with—

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the Offeror who will administer the Offeror's subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the Offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the Offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1.5 million for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the Offeror will—

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the Offeror with the subcontracting plan;

(iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts intended for use by multiple agencies;

(iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by SBA as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations;

(v) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;

(vi) Provide its prime contract number, its unique entity identifier, and the email address of the Offeror's official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and

(vii) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the email address of the subcontractor's official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror's efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Source lists (e.g., SAM), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than $150,000, indicating—

(A) Whether small business concerns were solicited and, if not, why not;

(B) Whether veteran-owned small business concerns were solicited and, if not, why not;

(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;

(D) Whether HUBZone small business concerns were solicited and, if not, why not;

(E) Whether small disadvantaged business concerns were solicited and, if not, why not;

(F) Whether women-owned small business concerns were solicited and, if not, why not; and

(G) If applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact—

(A) Trade associations;

(B) Business development organizations;

(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, service-disabled veteran-owned, and women-owned small business sources; and

(D) Veterans service organizations.

(v) Records of internal guidance and encouragement provided to buyers through—

(A) Workshops, seminars, training, etc.; and

(B) Monitoring performance to evaluate compliance with the program's requirements.

(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.

(12) Assurances that the Offeror will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal. Responding to a request for a quote does not constitute use in preparing a bid or proposal. The Offeror used a small business concern in preparing the bid or proposal if—

(i) The Offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the subcontract; or

(ii) The Offeror used the small business concern's pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the Offeror is awarded the contract.

(13) Assurances that the Contractor will provide the Contracting Officer with a written explanation if the Contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of this clause. This written explanation must be submitted to the Contracting Officer within 30 days of contract completion.

(14) Assurances that the Contractor will not prohibit a subcontractor from discussing with the Contracting Officer any material matter pertaining to payment to or utilization of a subcontractor.

(15) Assurances that the offeror will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see 52.242-5).

(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:

(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

(2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all "make-or-buy" decisions.

(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms.

(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern in accordance with 52.219-8(d)(2).

(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan.

(6) For all competitive subcontracts over the simplified acquisition threshold in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, prior to award of the subcontract the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror and if the successful subcontract offeror is a small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concern.

(7) Assign each subcontract the NAICS code and corresponding size standard that best describes the principal purpose of the subcontract.

(f) A master subcontracting plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by…