36C24519Q0020-001.docx

36C24519Q0020

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

581-19-1-506-0009 36C24519Q0020 George Sherrin | george.sherrin@va.gov 304-263-0811 ext. 4701 10-22-2018 Department of Veterans Affairs

VAMC (581)

1540 Spring Valley Dr Huntington WV 25704 X X 325998 $38.5 Million X N/A X Department of Veterans Affairs

VAMC (581)

1540 Spring Valley Dr Huntington WV 25801 Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405

FSC e-Invoice Payment http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

See CONTINUATION Page Contractor to provide water treatment and supplies per the statement of work.

Period of performance will be:

Base | November 5, 2018 - November 4, 2019 Option 1 | November 5, 2019 - November 4, 2020 Option 2 | November 5, 2020 - November 4, 2021 Option 3 | November 5, 2021 - November 4, 2022 Option 4 | November 5, 2022 - November 4, 2023 This solicitation is being issued as a tiered evaluation for SDVOSB concerns, or in the alternative, as a tiered evaluation for VOSB concerns. If award cannot be made, the solicitation will be cancelled and the requirement resolicited.

The Government anticipates a single award contract with option years.

See CONTINUATION Page X George L. Sherrin Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C245 George Sherrin Department of Veterans Affairs

VAMC (581)

1540 Spring Valley Dr Huntington WV 25704

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

3. INVOICES: Invoices shall be submitted in arrears:

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

FSC e-Invoice Payment http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

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

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 STATEMENT OF WORK

PART A – GENERAL INFORMATION

A.1 INTRODUCTION –

The VAMC located at 1540 Spring Valley Drive, Huntington WV, has a requirement for a vendor to perform water treatment services for the Huntington VAMC Boilers, Cooling Tower, Closed Loop Systems and Water Softeners.

A.2 BACKGROUND –

The VA Huntington has a four-boiler plant, a high temp hot water heating boiler located at the BRAC, and an HVAC System that supplies hot water, steam, and heating. It is necessary to have the water tested regularly to maintain safe, normal operation of Boiler Plant equipment. Left unchecked, other elements inherent to the water in this area will degrade pipes, pumps, and other delivery equipment.

The VAMC Huntington owns the chemical feed systems (Pumps and Controller’s) containments and electronic monitoring equipment currently being used on the system and the VA will purchase any additional or replacement equipment as needed or required to include containment and testing equipment.

A.3 SCOPE OF WORK –

The vendor shall provide all labor and supervision to conduct water treatment services for four boilers in the Boiler Plant, the high temp hot water heating boiler at the BRAC, and one Cooling Tower. The Vendor will also provide water testing services and provide recommendations for the proper operation of 26 Closed Loop and Open Loop systems. The Vendor will also provide quarterly preventive maintenance services for three (3) water softener systems (Boiler Plant, Bldg. 2, BRAC) and provide recommendations for the proper operation of each. The vendor will also provide comprehensive repair service for both Water Softeners as requested by the VA. This additional maintenance and repair, if requested by the VA, will be paid for under separate purchase order.

Chemical Water Treatment Contractor Qualifications:

The contractor shall have been in business at least three years providing chemical treatment of boiler plant and steam distribution systems, cooling water systems, closed loop systems and water softener systems similar in design and annual production rates to that of the Huntington VAMC facility. Provide a list of at least three customers similar to the Huntington VAMC who have utilized the vendor’s services for chemical treatment in the at last three years.

One water treatment specialist who has a bachelor’s degree in chemical engineering or the physical sciences from an accredited college or university shall be assigned to this contract. The water treatment specialist must have at least three years successful experience treating water systems listed in this Statement of Work. The water treatment specialist assigned must be able to respond to requests for assistance within 24hrs of notification. To ensure that any problems that may arise will be promptly taken care of, the Vendor will maintain a twenty-four hour means of contact via answering service or cell phone seven days per week.

The contractor must operate (or continuously maintain a contract with) a state certified laboratory. This laboratory must be capable of performing complete scientific analyses of water chemistry, deposits and metallic materials affected by corrosion. The laboratory and or Water Treatment Company must also provide recommendations for correction of problems related to the chemical and mechanical water treatment program. A Professional Chemist shall supervise the laboratory.

PART B – WORK REQUIREMENTS

B.1 Tasks to be accomplished:

GENERAL TASKS FOR ALL SYSTEMS:

(Water Softeners, Boilers, Cooling Tower, Closed Loop Systems and Chillers)

1. Set up all safety equipment necessary when working on VA property.

2. Vendor must chemically treat all systems listed in this Statement of Work and maintain proper residual levels as recommended by the Vendor.

3. Vendor will provide monthly water treatment service and testing, and provide VA with a written report within 10 business days following scheduled service.

The monthly written report will describe all work performed, test results and recommendations. (Consulting reports of treatment procedures, testing and general operating conditions) The Vendor must make necessary adjustments to the chemical feed systems on site the same day the service is conducted.

4. Vendor will be responsible for keeping chemical feed and salt tanks with a sufficient amount of chemical by transferring chemical from drums or other containers into the chemical feed tanks. The Vendor is responsible to ensure that the chemical feed tanks never run empty.

5. Perform all necessary mechanical and chemical testing of the chemical feed system on a monthly basis. Tests will be used to reduce the likelihood of a major system failure, extend the life of the system, reduce repair costs, protect against downtime, and increase energy efficiency.

6. Inspect the waterside of treated systems, as systems are made available by the VA, to monitor performance and results.

7. The Vendor will furnish all chemicals, reagents and labor necessary to perform the services listed in this Statement of Work.

8. The Vendor shall inspect and, to the extent that may be necessary, test all items of the chemical feed system and controls used by the Vendor. The VAMC will make arrangements so that Vendor personnel will have access to the Systems being treated for each scheduled preventative maintenance service visit.

9. Maintain all chemical feed and control equipment for the System. VA will purchase any new equipment or replace worn and broken equipment. Vendor will submit a quote for their installation costs of additional equipment as purchased by the VA.

10. Provide operator training twice per year.

11. Deliver all products at no additional charge.

12. All products and services provided beyond the contract scope of work will be billed on a time and materials basis via written quote to the M&O General Supervisor. Such work must be approved in advance, in writing, by the VAMC Engineering Department before work can begin.

13. All chemicals must be in containment…(Material/supplies will not be left on rear loading dock for days or weeks at a time)

14. Provide all chemicals, test kits, test reagents, corrosion coupons, and instructional materials as necessary to comply with all contract requirements.

15. Submit MSDS sheets for all chemicals utilized during the performance of services under this contract. The MSDS sheets will accompany delivery of the chemicals.

16. All chemical containers shall be labeled with complete information on contents and shall be returnable. Containers with missing labels shall be removed from the site by the Vendor. All shipping containers, to include empty chemical totes, drums and pails, remain the property of the Vendor/Contractor and must be immediately removed from VA Property when they are no longer needed at the site.

17. Provide complete written instructions, supplemented by oral instructions and demonstrations, to boiler plant and or HVAC personnel for their performance of routine water tests and for feeding the chemicals into the systems. The instructions shall cover all aspects of safe chemical handling and safe and accurate testing, and proper chemical feed quantities and methods to suit the plant operating parameters and water treatment performance requirements.

18. Provide 2 two-hour training sessions within two months of the start of a new contract. The first session shall be within one week of the start of the contract.

19. Visit the plant weekly during the first two months of a new contract. After two months, visit the plant monthly and perform tests listed in this Statement of Work. Review daily logs of tests performed by boiler plant and HVAC personnel. Discuss the test results with the Work Leaders and M&O Supervisors as well as the M&O General Supervisor. Provide recommendations on treatment methods and consult on boiler plant steam and condensate distribution system problems, Cooling Tower problems, Closed Loop System problems and Water Softener problems as requested or needed. Send water samples to the laboratory as necessary to resolve problems and questions. The cost of shipping samples and laboratory services will be included in this contract. Make additional visits at the request of the M&O Supervisors to handle problems.

20. Test corrosion coupons quarterly and provide a report. Vendor will install, remove, have tested and submit a written report to the M&O Supervisor responsible.

21. Any deficiencies or problems noted with VA test results or with the water treatment specialist’s test results are to be reported immediately to the M&O Supervisor responsible. If problems are found, corrective actions must be recommended immediately.

22. Contractor must apply for all applicable construction permits, and receive them before beginning work.

23. All work must be completed in accordance with all local, State, and Federal regulations.

24. Contractor shall provide daily cleanup of work area and trash removal from site including all empty drums, totes, barrels or other empty chemical storage containers. The vendor is responsible to dispose of all empty drums, totes, barrels or other empty chemical storage containers when they become empty or no longer used or needed at the Medical Center.

25. Remote Access: Contractor will respond and make adjustments to alerts the same business day

WATER SOFTENERS:

In the Boiler Plant, the Huntington VAMC has 3 Nelsen Commercial Softeners ranging from 96,000 to 1,200,00 grains of hardness with flow rates up to 280gpm. We have 3 top Mount Fleck Timers and Controls with two high density polyethylene brine tanks. The Huntington VAMC uses approx 9,000 gallons of Soft Water per day in the Boiler Plant. The Softener is located in the Boiler Plant (Bldg #3) In Building 2, the Huntington VAMC has 1 Allen-Bradley PanelView 300 Micro, Model MGT-450-3TW Steel AS (SN: CS-050186-001-1) (UIN: CS-050186) Manufactured by Marlo Inc. This Softener uses approx 15,000 gallons of soft Water per day and supplies the Laundry and the Sterile Processing Supply (SPS) In the BRAC, the Huntington VAMC has one water softening unit working in conjunction with the high temp hot water heating boiler which provides Bldg. 20 with heat and hot water Vendor must:

1. Provide and have delivered all softener salt. Salt pellets are the only acceptable form of salt to be used. At no time will granulated salt be acceptable.

2. Conduct Quarterly Preventive Maintenance Service on the Softeners that provide soft water to the Laundry and Sterile Processing Supply (SPS). The Quarterly Preventive Maintenance Service must be conducted during the months of October, January, April and July. The Softener is located in Building 2. Provide Documentation

3. Conduct Quarterly Preventive Maintenance Service on the Softeners that provide soft water make-up to the Boilers located in Building 3. (Boiler Plant) The Quarterly Preventive Maintenance Service must be conducted during the months of October, January, April and July. Provide Documentation

4. Provide comprehensive repair service, as requested by the VA, at additional cost under a separate Purchase Order for items and/or repairs not covered under Preventive Maintenance. This comprehensive repair service will cover both Water Softener Systems (Boiler Plant and Bldg 2)

BOILER PLANT:

The VA has the following boilers that require treatment:

a. Boiler #1 400 HP Johnston

b. Boiler #2 350 HP Kewanee

c. Boiler #3 300 HP Kewanee

d. Boiler #4 350 HP Cleaver Brooks

· All chemicals utilized must conform to FDA guidelines: CFR 21, 173.310, BOILER WATER ADDITIVES PERMITTED IN PLANTS WHERE STEAM CONTACTS FOOD. In addition, the chemicals shall conform to all local, state, and federal government regulations on water pollution and have appropriate EPA registration. The VAMC utilizes boiler steam for food preparation and for humidification.

· Conduct waterside inspection of boilers, feed water, deaerator and condensate storage tank at least once per year. Through the Contracting Officer’s Representative (COR), coordinate the boiler and feed water. deaerator inspection to coincide with the inspection by the Qualified Professional Inspector (boiler inspector). VA personnel will prepare equipment for inspection.

· Provide recommendations on wet and dry boiler lay-up procedures and provide chemical treatment for the boilers laid-up. The Huntington VAMC typically has one or two boilers laid-up during the Summer Months. Vendor must also monitor boilers not in service (laid-up) during the monthly visit.

· Provide recommendations on proper operation of continuous boiler blow-down systems and boiler bottom blow-down procedures.

· The charts below list 2011-2012 historical records of usage.

Vendor must treat the facility City Water supply with Phosphate to maintain a residual level of 1 -3 ppm.

As a minimum, perform the following tests monthly and provide complete written reports with all test results and recommendations. Review reports with M&O Supervisor responsible:

Vendor must provide at least one WV Class I Water Operator to serve as the 2nd Water Operator for the facility and provide oversight and supervision for the 2,000 documented hours of on-the-job training needed for Huntington VAMC employees to obtain the Class I Certification. Vendor must take 2 BAC-T samples per month. These samples must be taken during the 1st week of each month. Samples must be given to the Huntington VAMC Chief Water Operator who will then submit them to the lab for testing.

Vendor must take 10 Lead and Copper Samples every 3 years. The Lead and Copper Samples will be taken following the time frame listed below.

a. 3 Samples of Lead and Copper will be taken during the month of October 2013 of the base year of the contract.

b. 3 Samples of Lead and Copper will be taken during the month of October 2014 of the 1st Option Year of the contract.

c. 4 Samples of Lead and Copper will be taken during the month of October 2015 of the 2nd Option Year of the contract.

d. 3 Samples of Lead and Copper will be taken during the month of October 2016 of the 3rd Option Year of the contract.

e. 3 Samples of Lead and Copper will be taken during the month of October 2017 of the 4th Option Year of the contract.

All Lead and Copper Samples must be given to the Huntington VAMC Chief Water Operator who will then submit them to the lab for testing.

The Huntington VAMC was classified as a Class I Public Water System on 12/01/2002. This requires our facility to maintain at a minimum, two WV Class I Water certified operators at all times in order to maintain state compliance. A Class I Operator is an individual holding a valid Class I West Virginia Public Water System Operator Certification issued by the Commissioner and complies with the provisions of the Bureau for Public Health legislative rule, Public Water Systems, 64CSR3. Currently our facility has one Class I Water Operator. This individual is the Chief Water Operator for the facility and is a Huntington VAMC Employee. Vendor will be providing the second. The Class I Water Operator Certification requires an individual to attend schooling, pass extensive testing, and complete 2000 documented hours of on the job training. In order for our facility to be compliant with State and Federal requirements, we need at least one additional WV Class I Water Operator contracted. Our facility adds a corrosion inhibitor to our drinking water distribution system that is supplied through our water treatment contract. All adjustments to the feed rate and refilling of this chemical must be performed or supervised by a certified water operator though the state of WV. The vendor must be qualified to conduct this work and is responsible for all aspects of this water treatment program.

COOLING TOWER:

· The Huntington VAMC has one Cooling Tower with 3 Cells.

Vendor must provide the following:

1. Provide quarterly Legionella testing on the Cooling Tower water and condenser water and provide the Huntington VAMC with a written report within 10 business days following sample acquisition. Quarterly Legionella testing will be conducted during the months of October, January, April and July. The Vendor must make any needed chemical feed adjustments on site the same day the service is conducted.

2. Vendor must chemically treat the Cooling Tower water to keep the water and Cooling Tower working as designed. Chemical levels must be maintained at proper levels as recommended by the Vendor.

3. Clean and disinfect cooling tower annually and provide VA with a written report within 10 business days following the cleaning. The cleaning must be conducted during the month of March each year of the contract and during a time frame when the temperature is below 50 degrees during the entire cleaning process. The cleaning must include physical cleaning/power washing of the Cooling Tower exterior and interior to include the Pans, Louvers, fan blades, motor and dispersion nozzles and all debris cleaned from the bottom of the pan. The vendor will be responsible for all aspects of the cleaning.

4. Provide Bag Filters

CLOSED LOOP SYSTEMS:

The Huntington VAMC has 26 Closed Loop Systems as indicated below:

Vendor must test each Closed Loop System per the below listed schedule and make written recommendations as to what work needs completed and or chemicals need added in order to maintain the system in proper operating condition. The vendor will be responsible to provide and add the chemicals to each system as needed to maintain chemical residuals as recommended by the vendor. These chemicals and labor costs will be covered under this contract with no additional cost to the VA (With the exception of Glycol). Glycol will be purchased by the VA under separate PO.

The Vendor must provide all test kits and reagents for VAMC HVAC Technicians to conduct weekly testing on all Closed Loop Systems for proper Corrosion Inhibitor levels as well as any other chemical levels deemed necessary by the Water Treatment Vendor.

CHILLERS:

Chillers

Provide Semi-Annual condenser water corrosion analysis and provide VA with a written report within 10 business days following the analysis. This testing will be conducted in the months of October and April of each year of the contract. Vendor must make any needed chemical feed adjustments the same day the service is provided.

PART C – SUPPORTING INFORMATION

Work is to begin as soon as possible but no later than 15 calendar days from the date of award. The start date must be approved and coordinated with the VAMC Maintenance & Operations General Supervisor who can be reached via the following contact information.

Jim Adkins Maintenance & Operations Supervisor VAMC Huntington, WV O: 304.429.6755x3383 C: 304.751.6096 F: 304.429.7552

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Water treatment services and supplies Contract Period: Base POP Begin: 11-05-2018 POP End: 11-04-2019

Water treatment services and supplies Contract Period: Option 1 POP Begin: 11-05-2019 POP End: 11-04-2020

Water treatment services and supplies Contract Period: Option 2 POP Begin: 11-05-2020 POP End: 11-04-2021

Water treatment services and supplies Contract Period: Option 3 POP Begin: 11-05-2021 POP End: 11-04-2022

Water treatment services and supplies Contract Period: Option 4 POP Begin: 11-05-2022 POP End: 11-04-2023

36C24518Q9329

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SECTION C - CONTRACT CLAUSES

C.1 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

(a) Definitions. As used in this clause— "Acquisition function closely associated with inherently governmental functions" means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

"Covered employee" means an individual who performs an acquisition function closely associated with inherently governmental functions and is—

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

"Non-public information" means any Government or third-party information that—

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

"Personal conflict of interest" means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are—

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from—

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall—

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by—

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee—

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation—

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include—

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for—

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall—

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts—

(1) That exceed $250,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of Clause) C.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause) C.3 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015)

(a) The Contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of Clause)

C.4 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)

(a) Definitions. As used in this clause— "Postconsumer fiber" means— (1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

(End of Clause)

C.5 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

(End of Clause)

C.7 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 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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 5 years.

(End of Clause) C.8 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (NOV 2011)

(a) Definition. "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).

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for service-disabled veteran-owned small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns; and

(3) Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.

(d) Agreement.