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J041--Annual & Quarterly Chiller Maintenance Federal contract opportunity
Solicitation number
36C24623Q0807
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 6

About this file

This is a solicitation for annual and quarterly chiller maintenance services at the Central VA Veterans Health Care System in Richmond, Virginia. The Department of Veterans Affairs is seeking maintenance of chillers and related equipment from May 2023 through May 2028, including a base year plus four option years. Services include preventative maintenance, repairs, and inspections on a monthly or quarterly basis. Pricing is to be provided for the base year and each option year. The solicitation specifies response due dates, evaluation criteria, and past performance requirements. Set-asides or preferences are not mentioned.

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36C24623Q0807

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.

UEI:

EFT:

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. SIGNAT

URE 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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

652-23-2-657-0040 36C24623Q0807 05-10-2023 Satasha Stewart 757-251-4136 05-17-2023 07:00

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X 238220 $16.5 Million Net 30 N/A X Central VA Veteran's Health Care System Utility Plant 1201 Broad Rock Boulevard Richmond VA 23249 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page Vendor shall supply all the parts, materials, labor, and personnel, supervision, and other items/services necessary to perform Quarterly & Annual Chiller Maintenance at the Central VA Veteran's Health Care System in Richmond, VA.

Period of Performance: One Base Year plus Four Option Years.

See CONTINUATION Page 652-3630162-657-855100-2548 010050190 X X Natasha Jacobson Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PRICE/COST SCHEDULE4
B.3 STATEMENT OF WORK (SOW)5
B.4 SPECIAL CONTRACT REQUIREMENTS10
SECTION C - CONTRACT CLAUSES13
C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)13
C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)13
852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION13
(JAN 2023) (DEVIATION)13
(End of clause)15
C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)15
C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)16
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS25
SECTION E - SOLICITATION PROVISIONS25
E.1 BASIS OF EVALUATION FOR AWARD:25
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)28
E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)28
E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)28

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 36C246 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Monthly

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.

https://authentication.tungsten-network.com/login ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

B.2 PRICE/COST SCHEDULE

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12.00
MO
_______________
________________

BASE OF ANNUAL AND QUARTERLY CHILLER SERVICE/MAINTENANCE.

Contract Period: Base POP Begin: 05-24-2023 POP End: 05-23-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

12.00
MO
_______________
________________

OPTION YEAR 1 OF ANNUAL AND QUARTERLY CHILLER SERVICE/MAINTENANCE.

Contract Period: Option 1 POP Begin: 05-24-2024 POP End: 05-23-2025

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

12.00
MO
_______________
________________

OPTION YEAR 1 OF ANNUAL AND QUARTERLY CHILLER SERVICE/MAINTENANCE.

Contract Period: Option 2 POP Begin: 05-24-2025 POP End: 05-23-2026

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

12.00
MO
______________
________________

OPTION YEAR 3 OF ANNUAL AND QUARTERLY CHILLER SERVICE/MAINTENANCE.

Contract Period: Option 3 POP Begin: 05-24-2026 POP End: 05-23-2027

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

12.00
MO
______________
________________

OPTION YEAR 4 OF ANNUAL AND QUARTERLY CHILLER SERVICE/MAINTENANCE.

Contract Period: Option 4 POP Begin: 05-24-2027 POP End: 05-23-2028

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

GRAND TOTAL
________________

B.3 STATEMENT OF WORK (SOW)

1. Contract Title. Chiller Annual, Quarterly Service

2. Background/Dates of Service (Period of Performance). The Hunter Holmes McGuire VA Medical Center is requesting Chiller Annual, Quarterly Service at the medical center in Richmond, VA.

3. Scope.

The Contractor shall provide all labor, personnel, equipment, tools, materials, supervision and other items and services necessary to Chiller Annual, Quarterly Service provide as needed by RICVAMC. Vendor will respond and be onsite ready to deliver services at the “requested service time. Vendor will respond and be onsite ready to deliver services at the requested service time.

The following "Covered Equipment" will be serviced at VA Medical Center:

Equipment
Qty
Manufacturer
Model Number
Serial Number
Asset Tag
System Control Units
1
Trane
BUILDING C
BAS5017722
Chiller Plant
Description
Quantity Per Year

System Analysis and Review Description Operator Workstation Inspection System Controller Inspection Verify System Software Programming System Back-Up Customer Review - 30 Minutes Software Service Pack Update (Per Workstation and/or BCU)

AHU Controls Support Description Connect Service Tool System Controller Inspection Verify System Software Programming Sequence of Operation Verification Loop Tuning Review System Results Disconnect Service Tool

Chilled Water System Controls Support Description Connect Service Tool System Controller Inspection Verify System Software Programming Sequence of Operation Verification Loop Tuning Review System Results Disconnect Service Tool

Equipment
Qty
Manufacturer
Model Number
Serial Number
Asset Tag
Centrifugal Chiller
1
Trane
CVHF058NA5
L17C01467
CHILLER 4
Centrifugal Chiller
1
Trane
CVHF058NA5
L17C01476
CHILLER 5
Centrifugal Chiller
1
Trane
CVHF077NA1
L98M07337
CHILLER 3
Centrifugal Chiller
1
Trane
CVHF130NA5
L19C01275
CHILLER 1
Centrifugal Chiller
1
Trane
CVHF130NA5
L19C01333
CHILLER 2
Description
Quantity Per Year

Centrifugal Annual Inspection Description Customer Notification Initial Site Inspection Review Diagnostics Review Purge Report Oil Level And Temperature Check Oil Analysis Per Circuit Lock Out Tag Out Units with Potentially High or Medium Voltage Starters Purge Maintenance And Operation Purge Plus Expiration Date Check (High Performance) Vane Linkage And Oil Valve Lubrication Centrifugal Oil Filter Change Open Starter Panel Door(s) Compressor Starter Inspection - Centrifugal AFDJ Visual Inspection Control Power and Medium Voltage Compartments - Power Removed Meg Compressor Motor Meg Compressor Motor With AFD Close Starter Panel Door(s) Control Panel Electrical Inspection - Centrifugal Control Panel Calibration Check Low Temperature Sensor Calibration Drain Rupture Disc Vent Line Remove Lock Out Tag Out and Restore Power for Units with High or Medium Voltage Starters AFDJ Operational Inspection - Control Power Applied Pre-Start Chiller Check Start Chiller High Side Leak Check Inspection Compressor and Oil Separator Heater Check Flow/Differential Mechanical Switch Check Leak Test Inspection Compressor Check Oil Level and Temperature Check Chilled Water System Controls Support Sequence of Operation Verification System Controller Inspection

Centrifugal Quarterly Inspection Description Customer Notification Initial Site Inspection Review Diagnostics Review Purge Report Oil Level And Temperature Check Lock Out Tag Out Units with Potentially High or Medium Voltage Starters Starter Maintenance Filter change and Inspection - Rockwell AFDJ Remove Lock Out Tag Out and Restore Power for Units with High or Medium Voltage Starters Manual Log With Electronic Device

CenTraVac Vibration Description Unit Stabilization for Vibration Analysis Check Amp Draw for Vibration Analysis Vibration Analysis Return Unit to Normal Operation

Condenser Tube Brushing Description Condenser Tube Brushing Including Head Removal

Year One only:

Chiller 3 Eddy Current (Evaporator and Condenser) with dropping head and rodding Evaporator Tubes. Must be performed with Annual Inspection on Chiller 3 only

*Each technician assigned to this mechanical scope of work must be Trane Centrifugal Certified*

Trane TruSense MG Refrigerant Monitor (MON00041) *Picture included*

4. Specific Tasks. Chiller Annual, Quarterly and Emergency Service

a) The Vendor will provide the following services:

1.Perform final project walk-down with on-site supervisor to ensure customer satisfaction.

2.Ensure Mechanical Room work area is as clean, or cleaner than when they arrived, after project completion 3.Check in and out through the proper channels upon arrival and departure, COVID-19 screening.

4.Work quoted as being performed during normal business hours, Monday-Friday 7:30AM-4:00PM.

b) The Vendor will provide the following equipment to provide services.

1. Hand and powered tools

2. Electrical testing equipment multimeter

3. Certified welders

4. Welding equipment

5. Cleaning equipment and supplies

c) DEFINITIONS/ACRONYMS:

A. CO - Contracting Officer B. COR - Contracting Officer's Representative C. RICHMOND VAMC – Central VA Veteran’s Health Care System, located in Richmond, VA

VA Hospital Procedure for Emergency Calls

1.Per existing contract, we are committed to emergency calls upon request from COR (Keith Shepperson) for two hours per call up to $1,500.
2.With an attached addendum it has been agreed upon that if our technician is on site diagnosing the issue and we begin running over the two-hour time frame, Keith Shepperson can verbally request of the technician to continue until the issue is rectified or until a point where the issue has been identified and a formal quote for repair can be issued.
3.The following steps should be adhered to in this scenario:
a.The diagnosing technician will inform the customer that the two-hour diagnostic time is approaching.
b.The technician will also inform the customer of whether the problem has been diagnosed, almost rectified, identified and a written quote will be submitted or if more diagnostic time is needed.
c.The COR will determine if he wants the technician to continue onsite and will relay this to the technician.
d.The technician will call the RC to inform of the request from the customer.
e.The RC will inform internal personnel of the request.
f.At the conclusion of the visit the technician’s hours will be turned in, minus the two diagnostic hours and the PA will advise the Account Manager so that the hours can be submitted properly through the GSA process.
g.The Account Manager owns the estimating process and approval through the GSA and will forward all permissions to the Project Administrator

B.4 SPECIAL CONTRACT REQUIREMENTS

PLACE OF PERFORMANCE

Central VA Veterans Health Care System, formerly Hunter Holmes McGuire Veterans Hospital Utility Plant 1201 Broad Rock Boulevard Richmond, VA 23249

HOURS OF SERVICE

Normal hours of coverage are Monday through Friday from 7:30 a.m. to 4:30 p.m., excluding federal holidays. All service/repairs will be performed during normal hours of coverage unless requested or approved by the COTR.

Contractor may perform installation outside normal hours of coverage at no overtime charge to the Government when requested by the Contractor and scheduled through the COTR or his/her designee. Federal Holidays observed by the VAMC Hampton are:

New Year’s DayMartin Luther King Day
President's DayMemorial Day
JuneteenthIndependence Day
Labor DayColumbus Day
Veterans DayThanksgiving Day

Christmas Day

1. No Smoking Per VHA Directive 1085 Dated 3/15/19 All VA Health Care Facilities shall be smoke free. This directive applies to all patients, visitors, contractors, volunteers, and vendors.

2. Background Investigations A full background check is not required for this position; however, all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge to work on a VA facility. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

3. Billing and Payment Contractor shall submit invoice upon completion of service via payment request in electronic form via VA’s Electronic Invoice Presentment and Payment system http://www.fsc.va.gov/fsc/einvoice.asp. The following information must be included on all submitted invoices. Invoices submitted without the following information may be rejected for payment. Invoices shall include at a minimum:

• Date of invoice

• Invoice number

• Contract number

• Obligation number

• Vendor name

• Line Items and dates of service

4. REPORTING REQUIREMENTS

The Contractor is required to report to Biomedical Engineering (Building 110, Room 224) to check in. This is a mandatory requirement unless other arrangements have been prearranged by the COTR or authorized representative. The service engineer shall document services rendered when complete and provide this documentation to Biomedical Engineering. All reports shall be submitted to Biomedical Engineering for an "acceptance/authorization signature" prior to leaving the facility.

5. OTHER STATION RULES AND GUIDELINES:

The contractor will adhere to the following station rules:

a.This is a hospital environment. The contractor and his personnel are expected to be appropriately dressed (preferably uniformed) and to conduct themselves professionally.
b.This is a federal facility as well as a medical center. As such, there is NO tobacco usage allowed inside any federal building or on the grounds except in designated areas. The COR will brief the contractor as to designated smoking areas prior to commencement of the contract. Failure to follow these regulations can result in removal of the worker or contractor from the facility and/or a US Magistrate’s ticket and fine.
c.Parking will be in designated lots. Consult with the COR as to allowable parking and material drop-off. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside all buildings at the VAMC.
d.The contractor will be responsible for ensuring that all the employees and other personnel visiting the work site have and are using the appropriate Personal Protective Equipment (PPE) that addresses the hazards found at the site. The contractor will be responsible for the upkeep, issue, and training for the PPE used and maintaining all required documentation
e.Since the incidents of September 11, 2001, the Federal Government has begun to implement new security measures to help protect federal facilities. The contractor will provide to the COR a list of employees expected to work on this contract. This list will be on company letterhead and contain the employees’ name, driver’s license number, address, and nationality. This list will be verified and signed by a corporate officer. These personnel are subject to a background check and fingerprinting to be eligible to receive a security badge. The Contractor's employees shall always wear visible identification while on the premises of the VAMC.
f.The U.S. Department of Veterans Affairs and the U.S. Department of Health and Human

Services require that all contractor personnel coming on this facility to complete the Veterans Health Administration’s Privacy Policy Training prior to coming on the facility.

g.The Contractor's employees shall always wear visible identification while on the premises of the VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Service.
h.Security badges will be picked up from the Police Office in Building 36 and will be returned daily by 3:30PM unless other arrangements are made with the COR and the Police Office. Loss Badges can result in administrative fees and fines not to exceed $50.00 USD to replace the loss badge.
i.Possession of weapons is prohibited. Enclosed containers including tool kits shall be subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

6. INSURANCE

Worker Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State Worker Compensation and Occupational Disease Statutes.

General Liability: Contractors are required to have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000.00 per occurrence.

Property Damage Liability: Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.00

4. Contract Administration Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity, or quality of performance of this contract.

The Facility POC shall be responsible for the overall technical administration of this contract.

IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF.

POINT OF CONTACT

Contracting Specialist Satasha Stewart / 757-251-4136 / Satasha.stewart@va.gov

Facility POC Keith Shepperson / 804-675-6213 / keith.shepperson@va.gov 36C24623Q0807

Page 1 of Page 1 of

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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

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

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

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

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

(End of Clause)

Page 1 of

Page 1 of

852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION

(JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

(i) □ Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) □ General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) □ Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ________________________________________

Printed Title of Signee: _________________________________________ Signature: ___________________________________________________ Date: _____________________ Company Name and Address: ______________________________________

(End of clause)

C.3 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)

FAR Number
Title
Date
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 2018
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
AUG 2020
852.215-70
SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS
OCT 2019
852.215-71
EVALUATION FACTOR COMMITMENTS
OCT 2019

(End of Addendum to 52.212-4)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(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) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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:

[] (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. 4655).

[] (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] [] (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 (OCT 2022) (15 U.S.C. 657a).

[X] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (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.

[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (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 (OCT 2022) (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 (OCT 2022) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (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 (OCT 2022) (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 (OCT 2022) (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 (DEC 2022) (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).

[] (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).

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (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)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

[X] (iii) Alternate II (DEC 2022) of 52.225-3.

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

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (DEC 2022) (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. Subtitle A, Part V, Subpart G 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).

[X] (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. 3805).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[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).

Employee Class
Monetary Wage-Fringe Benefits

[] (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 for Contractor Workers Under Executive Order 14026 (JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxiii) 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). 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) Page 1 of Page 1 of

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

WD 15-4331 Attached

See attached document: WD 15-4331.

Page 1 of

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SECTION E - SOLICITATION PROVISIONS

E.1 BASIS OF EVALUATION FOR AWARD:

The Government will select the quote that represents the best benefit to the Government at a price that can be determined reasonable.

The Government will evaluate the following: Technical Capability, Price, and Past Performance Following receipt of quotes, the Government will perform a comparative evaluation of the service quoted. The Government will compare quotes to one another to select the product/service that best benefits the Government by fulfilling the requirement. The evaluation of Government requirements outlined in this request for quote will determine suitability.

The government will evaluate information based on the procedures authorized in FAR Part 13.106-2 using the following evaluation criteria:

1. Technical Capability – The evaluation process will consider whether the quote demonstrates a clear understanding of the technical features involved in meeting the requirements of the solicitation, according to the Statement of Work (SOW).

1. Price – Prices shall be submitted in accordance with the Price Schedule contained in the Solicitation. Total price will be evaluated by the Government. In evaluating the quoter’s proposed price for this project, the Government concern includes determining price reasonableness. Reasonableness determinations will be made by determining if competition exists, by comparing proposed price with established commercial prices, other contract vehicles and/or by comparing proposed price with the Independent Government Cost Estimate (IGCE). The IGCE is not releasable to the public.

1. Past Performance – The quote will be evaluated to determine the extent to which the contractor’s performance demonstrates the likelihood of successful performance in providing requirements similar in size, scope, and complexity to this solicitation. The Government may choose to evaluate publicly available reports, and/or data from the Past Performance Information Retrieval System (PPIRS). The Government may use present and/or past performance data obtained from a variety of sources, not just those contracts identified by the contractor.

All quotes shall be subject to evaluation by Government personnel. The Government intends to award without discussions based upon the initial evaluation of quotes. Consequently, contractors are highly encouraged to quote their best non-price and pricing quotes in their initial submissions. However, the Government reserves the right to communicate with any or all contractors submitting a quote if it is determined advantageous to the Government to do so. If these communications take place, the Government is not obligated to communicate with every contractor (note that FAR Part 15 procedures do not apply; therefore, formal discussions are not applicable). All contractors will be treated fairly and impartially. A contractor may be eliminated from consideration without further communication if its non-price and/or pricing quotes are not among those contractors considered most advantageous to the Government based on a best value determination.

Quotes that merely restate the requirement or state that the requirement shall be met, without providing supporting rationale, are not sufficient. Contractors who fail to meet the minimum requirements of the solicitation shall be rated unacceptable and thus will be ineligible for award.

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