36C24422Q0232_1.docx

36C24422Q0232

GENERAL INFORMATION

Network Contracting Office 4 Services 1 1010 Delafield Road Pittsburgh, PA 15215

POINT OF CONTACT*

Contract Specialist Jud Kale judson.kale@va.gov

PLACE OF PERFORMANCE

Philadelphia VAMC

3900 Woodland Ave

Philadelphia PA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

COMBINED SOLICITATION/SYNOPSIS

General Information

Contracting Office Address Department of Veterans Affairs Network Contracting Office 4 Services 1 Pittsburgh, PA 15215 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 36C24422Q0232.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-01 effective December 6, 2021, 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 being competed as Set Aside for SDVOSB. The NAICS Code is 238220 – Plumbing, Heating, and Air-Conditioning Contractors and the business size standard is $16.5 million. The FSC is J043 Maintenance, Repair, and Rebuilding of Equipment- Pumps and Compressors.

The Pittsburgh, PA Contracting Office is seeking to purchase services for Pump Maintenance and Repair located at the Veterans Affairs Medical Center in Philadelphia, PA. The Statement of Work (SOW) is provided in the attachment.

Service Contract Act Wage Determination No. 2015-4233 Rev 20 10-20-2021, applies to this acquisition and will be incorporated into the resulting contract. A copy of the Wage Determination is included with this solicitation as an attachment.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in the attachment. 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 items/CLINs are found in the attachment.

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.

Contractors are advised that any and all questions concerning this solicitation must be sent in writing to the Contracting Office at NCO 4, Pittsburgh, PA. Questions may be sent via email to Mr. Jud Kale at judson.kale@va.gov. No questions will be answered after 4 January 2022 @10 AM.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the contract specialist. Jud Kale at judson.kale@va.gov.

Point of Contact Jud Kale Contract Specialist Service 1 (Physical Plant Support Service) Department of Veterans Affairs/Service Area Office East/Network Contracting Office 4 1400 Blackhorse Hill Road, Coatesville, PA 19320 Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Pump Maintenance and Repairs IAW the SOW.

Estimated POP: 1/12/2022 - 1/11/2023

Pump Maintenance and Repairs IAW the SOW.

Estimated POP: 1/12/2023 - 1/11/2024

Pump Maintenance and Repairs IAW the SOW.

Estimated POP: 1/12/2024 - 1/11/2025

Pump Maintenance and Repairs IAW the SOW.

Estimated POP: 1/12/2025 - 1/11/2026

Pump Maintenance and Repairs IAW the SOW.

Estimated POP: 1/12/2026 - 1/11/2027

A.2 DELIVERY SCHEDULE

3900 Woodland Ave Philadelphia, PA 19104 4551

USA

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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3900 Woodland Ave Philadelphia, PA 19104 4551

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CORPORAL MICHAEL J. CRESCENZ VA MEDICAL CENTER

3900 WOODLAND AVENUE

PHILADELPHIA, PA 19104

PUMP MAINTENANCE AND REPAIR SERVICES

SCOPE OF WORK

DATE: JULY 6, 2021

PREPARED BY: JASON SHIREY, GENERAL ENGINEER

1. SUMMARY OF WORK

Provide full preventive maintenance, 24 hour emergency repair services and other repair services at the Philadelphia VA Medical Center (VAMC) on all VAMC pump and motor assemblies and associated components (SECTION 6: EQUIPMENT SCHEDULE) located in the Main Hospital (Buildings 1, 2), Community Living Center (Building 30), Chilled Water Facility (Building 31), Boiler Plant (Building 8) and outlying buildings. All non-emergency work shall be performed during regular working hours between 7:00 AM - 5:00 PM, Monday - Friday. Emergency services will be available on a 24-hour / 7 days a week schedule. Repair services will be provided on an “as needed” basis which may include alteration, improvement and/or overhaul of equipment, which when completed will modify and/or enhance the operation, performance, reliability, safety etc. of the equipment beyond existing levels.

2. MAINTENANCE AND REPAIR SERVICES

2.1 Initial Inspection of Equipment Condition

The Contractor shall within thirty (30) days from the contract award, perform an inspection and assess the condition of all equipment covered under this SOW (SECTION 6: EQUIPMENT SCHEDULE) to establish a condition baseline. The equipment condition survey shall include observations of deficiencies in equipment condition, operation and/or performance and shall provide a written baseline report of discrepancies and serve as a “starting point” for the Contractor to provide ongoing maintenance. The Contractor shall perform repairs or maintenance on discrepancies, as agreed upon by the VAMC, identified on the baseline report. Any new applicable equipment installed during the life of this contract shall be incorporated into the new schedule of equipment and will be subject to service under the conditions of this contract.

The equipment condition survey report shall identify all deficiencies that the contractor claims exist, together with a detailed breakdown of the estimated cost to repair each deficiency and a recommended priority to correct each. A draft copy of the equipment condition survey report shall be submitted to the COR within five (5) business days of the inspection completion date and final report to be submitted to the COR within five (5) business days from the draft report due date. The VAMC will determine how and when each item will be addressed. Correction of these deficiencies will be accomplished by the provisions established by this contract.

2.2 Preventative Maintenance Services

The Contractor shall be responsible for performing bi-monthly inspections, preventive maintenance and repair services required to maintain all equipment in the operating condition prescribed by the original equipment manufacturers recommended guidelines. The Contractor shall be responsible for the replacement of any parts required to maintain the pump systems in a fully operational safe condition in accordance with the manufacturer’s standards. The Contractor shall immediately proceed to replace any parts or assemblies found to be broken, inoperable or past useful life. The contractor shall keep an adequate inventory of replacement parts so repairs can be made the same day when the issue is identified.

2.3 Emergency Repair Services

The Contractor shall provide a Dispatch Desk with a single point of contact 24 hours a day, 365 days of the year for all 24-hour service call back requests. A person and not voice mail shall answer calls placed to the Dispatch Desk. Dispatch Desk personnel shall be responsible to log and forward basic information about calls including party calling, caller’s contact information, accurate technical description of the problem or request, extent of the outage if a portion of the system is down, equipment and location involved, and any other relevant technical portions of the activity log entry for the call. The Contractor shall respond to all requests for service 24 hours a day, 365 days of the year for all equipment covered under this contract. No repair shall be postponed or any equipment placed out of service due to lack of Contractor manpower. Under NO CIRCUMSTANCES shall a pump be non-operational for a period of more than 7 days from initial time of contact with the Contractor.

2.4 Other Repair Services

The Contractor shall provide other repair services on an “as needed” basis, which will be determined and requested by the VAMC with a Services Call Order. The contractor shall be required to provide the Contracting Officer (CO) and Contracting Officer Representative (COR) a detailed cost proposal and/or estimate including an itemized breakdown for all labor, parts and materials, as well as a schedule with critical milestones for completing the Services Call Order. These services include any repairs, alterations, adjustments, or overhaul of the equipment when it is determined to be necessary by the VAMC. The Services Call Order will not be classified as an emergency and will be performed during normal working hours.

2.5 Documentation

The Contractor shall document each time a piece of equipment is visited by a technician for service (i.e. inspection, preventive maintenance, repair, service call, etc). The contractor shall provide a report in PDF file format to the CO and COR for each time a service was provided detailing the repair service (time, location, issue, services provided, parts repaired or replaced, etc.). The report shall be delivered to the CO and COR not more than 24 hours from the time of repair completion. The contractor shall keep a log in Excel file format of all repair services performed under this contract.

3. PERIOD OF PERFORMANCE

The anticipated service contract will consist of a one (1) year period of performance, with the ability for the VA to exercise four (4) individual and subsequent option years.

4. KEY CONTRACTOR RESPONSIBILITIES

4.1 Personnel Roster

Resumes and certifications for the contractor’s key personnel shall be provided to the CO and COR fifteen (15) days prior to the start of the contract and shall be updated whenever applicable.

Key personnel include all personnel bearing responsibility for the management and execution of the contract. Examples of key personnel include operations managers, project managers, crew supervisors, technicians, and laborers.

The Contractor shall, without additional expense to the VAMC, be responsible for obtaining all necessary licenses, permits, or equivalent documentation to perform services under this contract.

4.2 Safety and Security

Contractor personnel that will be performing work at the VAMC will be required to obtain a PIV badge. Contractor will coordinate issuance of PIV badges with the COR and VAMC Police. The PIV badge will be clearly displayed by contractor personnel while at the facility.

Contractor is solely responsible for initiating, maintaining, and supervising all safety precautions in performance of the contract. Contractor will abide by all safety and security procedures, once entering the VAMC property line. Contractor personnel shall follow all safety, and security guidelines established by OSHA and VAMC. The VAMC reserves the right to inspect all areas for safety violations at its discretion, direct the contractor to make immediate improvement of necessary conditions and/or procedures, and/or stop the work if other hazards are deemed to exist. In the event that the VAMC should elect to stop work because of any type of existing safety hazards after the contractor has been notified and provided ample time to correct, the contractor shall bear all costs for eliminating the hazard(s) and shall not be granted compensation for the work stoppage. The contractor shall pay all additional expenses.

Contractor shall coordinate access to all work areas with the COR. The contractor shall not interfere with patients or employees without prior notification to and approval from the VAMC. The contractor shall ensure that, under no circumstances, any of its employees shall enter an area not authorized for access by the COR.

4.3 Equipment Shutdowns and Impact to VAMC Operations

Contractor shall coordinate all work with the VAMC facilities management and safety. Work will be phased to best accommodate VAMC operations. Planned preventative maintenance equipment shutdowns will require a formal notice one (1) week in advance. Shutdowns for other repairs may be expedited due to the nature of the work. Shutdown timeframes for other repairs will be established on a case by case basis by the VAMC.

Worksites shall be barricaded to deny access while work is being performed and when the contractor is not at the worksite. Contractor shall be in control of access to worksite area and will actively coordinate any access to the worksite area.

4.4 ICRA and Worksite Cleanliness

Contractor shall follow all ICRA guidelines established by the VAMC. Contractor shall obtain an ICRA permit when applicable. The contractor shall coordinate all ICRA considerations with the COR and VAMC Infection Preventionist.

Contractor is responsible for worksite cleanliness from initiation of work until completion of work. The contractor shall not leave any tools, ladders, parts and/or supplies unattended in the public area at any time. After work is complete, the worksite must be thoroughly cleaned and returned to an acceptable level of cleanliness, as determined by the VAMC.

4.4 Quality Control Program

All work performed under this contract shall be of the highest quality, consistent with best industry practices to assure timely and adequate provisions of maintenance and repair services. The contractor shall submit to the COR 15 days prior to the start of the contract a complete Quality Control Program to assure the requirements of the contract are provided as specified. The contractor shall implement the approved plan and pursue it diligently for the duration of the contract.

The Quality Control Plan shall include but not be limited to:

· The methods the contractor will use for identifying, correcting, and preventing defects in the quality of service performed before the level of performance becomes unacceptable to the VAMC.

· A description of the records which the contractor intends to generate and file, indicating the inspections conducted by the contractor and necessary corrective action taken (as appropriate).

4.5 Response Times, Arrival, and Departure

Response time is defined as the time the contractor receives the call from the VAMC to the time the contractor arrives at the VAMC and checks in with a VAMC employee or representative.

Contractor shall be available to respond to equipment outages, service callback requests and emergencies as necessary at the VAMC 24 hours a day 365 days a year for the term of the contract. The contractor shall respond to all requests within 2 hours during normal operating hours (Monday – Friday; 7am – 5pm) and within 4 hours after normal operating hours (all other hours). Contractor response time to service request calls that occur while the contractor is on the job site shall not exceed one (1) hour.

Contractor personnel shall check-in and checkout with the COR or his designated representative immediately upon arrival at the VAMC and prior to the end of each site visit respectively. Furthermore, at arrival the contractor shall inform the COR of its work plan via for each visit, and at checkout the contractor shall inform the COR of the actual work performed and any other information concerning the safe operations of the equipment.

5. DELIVERABLES

Contractor shall be required to provide the following deliverables:

6. EQUIPMENT SCHEDULE

Contractor shall be required to perform work on the following equipment. This schedule is not all encompassing but it is representative of the amount of equipment at the facility. Contractor shall be responsible to field verify existing conditions of the facility equipment. The schedule will be updated as necessary.

2-4-NE-ACCU-1

GLYCOL PUMP (HT.WTR.)

VACUUM PUMP (MEDICAL)

VACUUM PUMP (MEDICAL)

VACUUM PUMP (MEDICAL)

VACUUM PUMP (MEDICAL)

N11040241

7. MAINTENANCE AND REPAIR PROCEDURES

Contractor shall perform the required work necessary to keep the equipment in an operable condition. Below are examples of tasks and inspections the contractor shall incorporate into their preventative maintenance and repair services:

· Pump overhaul and repair

· Pump replacement and installation

· Pump alignment and balancing

· Pump preventative maintenance to inspect and resolve any issues relating to:

· Bearing condition and lubricant level

· Pump vibrational analysis

· Shaft seal condition and leakage

· Pump discharge pressure

· Pump skid, pad, and foundation integrity

· Shaft alignment

· Operating above manufacturer-rated acceptable temperatures

· Purge line leakage

· Condensate tank floats

· Safety cage integrity for rotating parts

· Check valve integrity at pump inlet and discharge

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 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 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of Clause)

C.3 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) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[X] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

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

[X] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.5 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause— United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of Clause) C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-4.

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

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

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

(End of Clause) C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

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

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

(End of Clause) C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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 (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [X] (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. (NOV 2021) (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) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[X] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

[] (ii) Alternate I (MAR 2020) of 52.219-6.

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

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

[X] (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 (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

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

[] (v) Alternate IV (SEP 2021) of 52.219–9.

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

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (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 (SEP 2021) (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) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[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 (JUN 2020) (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 (JUN 2020) (29 U.S.C. 793).

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

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

[X] (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 (NOV 2021) (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).

[X] (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 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 (MAY 2020) (42 U.S.C. 8259b).

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

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

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

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

[] (46) 52.223-21, Foams (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 (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2021) (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 (JAN 2021) of 52.225-3.

[] (iii) Alternate II (JAN 2021) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

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

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (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) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

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

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

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

[] (iii) Alternate II (NOV 2021) 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 products and commercial services:

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

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

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

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii)…