36C24420Q0435-001.pdf
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36C24420Q0435 Combined Synopsis_Generator PM and Load Bank Testing.pdf
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Contract Opportunity
Combined Synopsis/Solicitation Notice
CLASSIFICATION CODE
SUBJECT
CONTRACTING OFFICE'S
ZIP-CODE
SOLICITATION NUMBER
RESPONSE DATE (MM-DD-YYYY)
ARCHIVE DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS
SET-ASIDE
NAICS CODE
CONTRACTING OFFICE
ADDRESS
POINT OF CONTACT
(POC Information Automatically Filled from User Profile Unless Entered)
DESCRIPTION * See Attachment
AGENCY'S URL
URL DESCRIPTION
AGENCY CONTACT'S EMAIL
ADDRESS
EMAIL DESCRIPTION
ADDRESS
POSTAL CODE
COUNTRY
ADDITIONAL INFORMATION
GENERAL INFORMATION
PLACE OF PERFORMANCE
* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice
J059
Generator PM and Load Bank Testing Coatesville VAMC
18711
36C24420Q0435
05-25-2020
N
811310
Department of Veterans Affairs Network Contracting Office 4 Services 1 1111 East End Boulevard Wilkes-Barre, PA 18711
Maricela Everitt maricela.everitt@va.gov
Coatesville VAMC
1400 Blackhorse Hill Road Coatesville, PA
19320
USA
COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS
General Information
Document Type Combined Solicitation/Synopsis
Solicitation Number 36C24420Q0435
Posted Date 5/13/2020
Original Response Date 5/25/2020 4:00 PM EST
Product or Service Code J059
Set Aside Unrestricted
NAICS Code 811310
Contracting Office Address
1111 East End Boulevard, Wilkes-Barre PA, 18711
Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C244-20- Q-0435.
This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2020-05 effective March 30, 2020, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil.
This Solicitation is unrestricted. The NAICS Code is 811310 – Commercial and Industrial Machinery and Equipment (except automotive and electronic) repair and maintenance and the business size standard is $8 million.
The Wilkes-Barre, PA Contracting Office is seeking to purchase services for Generator PM and Load Bank Testing located at the Veterans Affairs Medical Center in Coatesville, PA. The Statement of Work (SOW) is enclosed.
Service Contract Act Wage Determination No. 2015-5791, Revision No. 12, dated 4/21/2020, applies to this acquisition and will be incorporated into the resulting contract. A copy of the Wage Determination is included with this solicitation as Attachment 1.
This is a new procurement. It does not replace an existing contract. No prior contract information exists.
Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are enclosed. All offerors are advised to pay careful attention to the quote submission instructions as there are very specific instructions as what is required to be provided.
The applicable line item/CLIN are enclosed.
The delivery/task order period of performance (POP) will begin as described in the Statement of Work.
Any award resulting from this solicitation will be issued on a Standard Form 1449.
NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database IAW FAR 52.212-(k). Registration may be done online at: www.acquisition.gov or www.sam.gov.
Contractors are advised that any and all questions concerning this solicitation must be sent in writing to the Contracting Office at NCO 4, Wilkes-Barre, PA. Questions may be sent via email to Ms. Maricela Everitt at Maricela.everitt@va.gov. No questions will be answered after 19 May 2020, 4:00 PM EST.
Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the contract specialist, Ms. Maricela Everitt at Maricela.everitt@va.gov
Point of Contact Maricela Everitt Contract Specialist Service 1 (Physical Plant Support Service) Department of Veterans Affairs/Service Area Office East/Network Contracting Office 4 Phone (570) 824-3521, ext. 24023 1111 East End Boulevard, Wilkes-Barre, PA 18711
End of Document
STATEMENT OF WORK (SOW)
COATESVILLE VA MEDICAL CENTER
Emergency Generator Yearly PMs and Load-Bank Testing
1. Background JCAHO requirements require yearly testing of any emergency generators that do not meet 30% load requirements during monthly checks and the completion of industry standard preventative maintenance.
2. Scope Perform 4.5Hr Load-bank tests on three (3) separate Generators (14, 63, and T21 generators). Scope shall include all parts, equipment, travel time and labor required to provide annual Preventative Maintenance (PMs) and conduct Load-Bank Testing for:
a. Building 14, Stewart and Stevenson, M# Spectrum 250DSE, S# 6R-0601543, 277/280V, 250kW
b. T-21, Stewart and Stevenson, M# 220DSE, S# NA, 120-480V, 200kW, Mobile generator
c. Building 63, McGraw-Edison, M# SFTA I870929377, 240V, 3phase, 3Wire Delta, 200kW 4.5Hr test should be run as follows (25%-1/2 hr., 50%-1/2 hr., 75%-1 hr., and 100%-2.5Hrs.).
Standard readings should be every 15 minutes and test results provided.
Bid must also include full preventative maintenance service on the three (3) separate generators 14, 63, and T-21 generators. The two (2) Automatic Transfer Switches associated with these generators must also be included which are in buildings 14 and 63. This service should include a yearly inspection and performance of the following items:
Battery & Battery Charger System
• Check battery charger functions
• Cable connections, termination cleanliness and security
• Check electrolyte level, vent caps of all cells in the starting batteries
• Battery Conductance Test
Fuel System
• Inspect main tank/day tank fuel level
• Inspect day tank controls and pumps. Test operate day tank controls (where available)
* Change fuel filters – replace all fuel filters (engine primary and secondary filters) at each scheduled service interval
* Check fuel transfer pumps – test the operation of the fuel transfer pump at each scheduled service interval by pressing the test button and observing the results. Check for leaks.
* Drain water separators – water separators should be drained at each scheduled service interval
• Inspect all fuel hoses, clamps, pipes, components, and fittings
• Inspect governor linkage
• Visually inspect rupture/containment basin
• Water ~ Fuel Test - Sub-base, day tanks Test function of fuel and tank monitoring systems
Engine Cooling System
• Inspect all hoses and clamps for leaks, coolant level and condition
• Inspect radiator cap, radiator thermostat for operation and filler neck condition
• Inspect drive belts, observe alignment and deflection
• Observe coolant heater operations
• Utilize DCA test strip to record coolant properties
• Inspect radiator surfaces, shrouds, and barriers for obstruction
• Visually inspect low temperature after cooler coolant
* Change coolant filter – the diesel coolant additive water filters shall be replaced at scheduled service interval
• Perform laboratory coolant sampling
Engine & Lubrication System
• Inspect lubrication system (visually check oil level)
• Inspect crankcase ventilation system
• Inspect spark ignited ignition system
Intake/Exhaust System
• Inspect air cleaner element and entire intake system. Replacement of additional air filter elements will be quoted separately.
• Inspect exhaust system piping connections to include rain cap associated with air intake system at each scheduled service interval
* Clean crankcase breather element – remove and clean the crankcase breather element at each scheduled interval.
• Inspect louver operations
Generator Controls & Power Connections
• Visually inspect all engine mounted wiring, senders, and devices
• Visually inspect all control mounted components and wiring
• Lamp test all lights and indicators
• Visually inspect breaker and power connections
• Manually operate generator main breaker(s) open and closed
Generator Operations
• Start and observe generator and equipment operations
• Verify engine and generator safeties tor proper operation
• System test with or without load
Automatic Transfer Switch (Paralleling Switchgear, Bypass Switchgear, Manual Transfer Switches)
• Visually inspect all power and control wiring
• Visually inspect switch mechanism and enclosure
• Visually inspect controls and time delays settings
• Verify function of exercise clock
FULL SERVICE (Includes Inspection) Operational & Functional Review of Generator Critical Components
• Inspect engine cooling fan & fan drives for excessive wear or shaft wobble
• Check all pulleys, belt tensioners, slack adjusters & idler pulleys for travel, wear & overall condition
• Inspect/lubricate drive bearings, gear or belt drives, Lovejoy and other shaft connecting hardware
Lubrication Oil and Filtration Service
• Change engine lubrication oil
• Change primary lubrication and bypass filters
• Change fuel filters
• Post lube service operation of Generator (unloaded) at rated temperature
* Check hydraulic/mechanical governor oil level – on engines equipped with mechanical or hydraulic governors, the oil level shall be checked at each scheduled service interval.
• Perform oil sampling for laboratory analysis
5. Risk Control Test and inspection days must be coordinated with COR and Coatesville VA Medical Center (see paragraphs 7 and 8 below).
6. Place of Performance All work will be performed at the Coatesville VA Medical Center Coatesville, PA.
7. Period of Performance All testing must be completed by May 29th of each contract year. All contractor work is to be performed outside of the normal working hours of Monday – Friday 8:00am-4:30pm. All work shall be coordinated with the technical POC.
This contract is for a base year, plus 4 option years.
PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1.00 JB __________________ __________________
Generator PM and Load Bank Testing IAW SOW Base
Contract Period: Base POP Begin:
POP End:
Generator PM and Load Bank Testing IAW SOW Option 1
Contract Period: Option 1
Generator PM and Load Bank Testing IAW SOW Option 2
Contract Period: Option 2
Generator PM and Load Bank Testing IAW SOW Option 3 Contract Period: Option 3
Generator PM and Load Bank Testing IAW SOW Option 4
Contract Period: Option 4
GRAND TOTAL __________________
DELIVERY SCHEDULE
ITEM NUMBER QUANTITY
DELIVERY
DATE
0001 SHIP TO: Department of Veterans Affairs Coatesville VA Medical Center 1400 Blackhorse Hill Road Coatesville, PA 19320 2096
1.00
1001 SHIP TO: Department of Veterans Affairs Coatesville VA Medical Center 1400 Blackhorse Hill Road
2001 SHIP TO: Department of Veterans Affairs
1400 Blackhorse Hill Road
3001 SHIP TO: Department of Veterans Affairs
1400 Blackhorse Hill Road
4001 SHIP TO: Department of Veterans Affairs
1400 Blackhorse Hill Road
CONTRACT CLAUSES
FAR
Number
Title Date
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS
OCT 2018
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:
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)
Number
Title Date
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
JUL 2016
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
DEC 2013
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,
EQUIPMENT, AND VEGETATION
APR 1984
VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
(End of Clause)
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; 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)
VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
(NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.
Submission of payment requests by mail may be required for—
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Addendum to 52.212-4)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS
(MAR 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:
[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C.
3509).
[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved]
[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[] (10) [Reserved]
[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).
[] (ii) Alternate I (MAR 2020) of 52.219-3.
[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (ii) Alternate I (MAR 2020) of 52.219-4.
[] (13) [Reserved]
[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020).
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-7.
[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
[] (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (MAR 2020) of 52.219-9.
[] (v) Alternate IV (AUG 2018) of 52.219-9.
[] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).
[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219-28.
[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.
637(m)).
[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).
[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))
[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[] (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).
[] (ii) Alternate I (FEB 1999) of 52.222-26.
[] (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
[] (ii) Alternate I (JULY 2014) of 52.222-35.
[X] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.
793).
[] (ii) Alternate I (JULY 2014) of 52.222-36.
[] (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[] (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).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.)
[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (OCT 2015) of 52.223-13.
[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C.
8259b).
[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving
(AUG 2011)
[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).
[] (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.
[] (ii) Alternate I (MAY 2014) of 52.225-3.
[] (iii) Alternate II (MAY 2014) of 52.225-3.
[] (iv) Alternate III (MAY 2014) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[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).
[] (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).
[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[X] (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).
[] (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[] (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (60) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(13)).
[] (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[] (ii) Alternate I (Apr 2003) of 52.247-64.
[] (iii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.
206 and 41 U.S.C. chapter 67).
Employee Class Monetary Wage-Fringe Benefits
WG-5378-10 $ 26.86 + FB
[] (4) 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).
[] (5) 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).
[] (6) 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).
[] (7) 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] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (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, 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 (OCT 2015) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(xii) 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.
(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiv)(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).
(xv) 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).
(xvi) 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).
(xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxi) 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).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226- 6.
(xxiii) 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.
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR
ATTACHMENTS
See attached document: WD 2015-5791 Rev 12 dated 4-21-20.
SOLICITATION PROVISIONS
Number
Title Date
52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS MAR 2020
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS
Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:
The following FAR and Veterans Affairs Acquisition Regulation (VAAR) apply to this acquisition:
52.212-1 Instructions to Offerors -- Commercial Items (OCT 2018) applies to this acquisition.
Addenda to 52.212-1:
Reference word “offer”: delete “offer” and insert “quote” in its place.
Reference word “offeror”: delete “offeror” and insert “vendor” in its place.
Reference paragraph (c) period for acceptance of quotes: delete “30 calendar days” and insert “60 calendar days” in its place.
The following paragraphs are hereby deleted from this provision: (d) product samples, (e) multiple offers, and (h) multiple awards.
I. Quote Submission Instructions:
A. Failure to follow the instructions below may result in elimination from award consideration or a non-responsive determination.
1) Quotes shall be sent electronically via e-mail.
2) All quotes shall include one (1) separate electronic copy of each of the Section listed below. The Sections must be clearly identified as described below (either as the title of the document or on the actual document).
3) No price information shall be included in the technical section. If pricing information is found in the technical section, the quote will automatically be considered non-responsive and not evaluated.
4) The font of text shall be no larger than 12 pt and no smaller than 10 pt.
5) All page number requirements will be strictly followed. Any extra pages will be extracted from the document starting at the last page and working backwards until the page limit is achieved.
B. Section I Administrative/Regulatory. Page limit: None. Please be advised that this Section is not sent for technical evaluation.
1. Completed certifications and representations located at FAR 52.212-3, or an indication that said certifications and representations are current and located in the SAM database.
C. Section II Technical Page limit: 10 pages including any coversheets and table of contents. Brochures are not included in the page limit.
Vendors shall provide a narrative (including any descriptive literature and/or certifications) which demonstrates the offeror’s ability to meet the technical credentials, capability, and specifications as stated in the Statement of Work (SOW). The narrative shall not exceed ten (10) pages and address the following requirements:
1) Provide detailed narrative which fully describes the process the vendor proposes to use to perform the services as described in the SOW. This narrative shall include information regarding subcontractors proposed and a detailed description of how the offeror plans to adhere to the requirements of 13 CFR § 125.6. Subcontractor’s DUNS and SBA size information must be included. A copy and paste of the SOW into the technical portion of the quote is not an acceptable response to the Government’s request and may result in an “Non-Responsive” determination.
2) Provide a copy or description of all certifications/experience required to perform the services in accordance with the SOW. The certifications/experience should distinguish if the information provided is for the prime or the subcontractor. Failure to provide this information or clearly identify what information is for the prime/subcontractor may result in a “Non-Responsive” determination.
D. Section III Redacted Technical. Redacted copy of Section II. Page limit: 10 pages including any coversheets or table of contents.
The redacted copy is the document that will be sent to the technical evaluators. The redaction should eliminate the vendor’s name, any names of individuals working for the company, email addresses or any other identifying data. The purpose of the redaction is an attempt to hold an unbiased evaluation. The vendor is responsible for redaction of this section and the Government will not apply further redactions to this section. This section will be reviewed prior to submission to the technical evaluators and, if it is determined that it contains vendor information (DUNS, CAGE, Phone Numbers, Names, etc) the vendor may be considered non-responsive and no longer considered for award.
E. Section IV Price. No page limit
II. Evaluation of Quotations of Offers IAW FAR 13.106-2(b)(3)
The Government intends to issue a single purchase order in response to this solicitation.
The Government will conduct a comparative analysis of offerors’ responses based upon the following criteria:
1. Price— Government reserves the right to award to a offeror with other than the lowest price.
Award will be made to the offeror whose quote represents the best overall value to the government.
2. Technical—Offeror clearly demonstrates in its response a clear understanding of all the Government’s requirements and effective approach for scheduling and completion of service calls/diagnostic testing and repairs in accordance with the SOW.
3.. Past Performance—Offerors must have a record of satisfactory or neutral past performance.
If no record of past performance is found, the Offeror will receive a rating of neutral. The Government will utilize but is not limited to internal documentation including Federal Awardee Performance and Information System (FAPIIS) for determining the past performance of offerors.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 Provision)
Number
Title Date
52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE
REPORTING
JUL 2016
52.204-24 REPRESENTATION REGARDING CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (DEC 2019)
The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items.
(a) Definitions. As used in this provision—
Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services, the Offeror shall provide the following information as part of the offer—
(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known);
and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of Addendum to 52.212-1)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL ITEMS (MAR 2020)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision—
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education;
or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);
and
(2)…
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