36C24727Q0013.docx

36C24727Q0013

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. 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. 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

557-27-1-5151-0012 36C24727Q0013 08-21-2026 Don Grier 404-414-6921 09-04-2026 1:00pm

EDT

508A

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION

Network Contracting Office (NCO) 7 2957 CLAIRMONT ROAD NE, Suite 1200 Atlanta

GA

30329 X X 238290 $22 Million N./A N/A X

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION

Carl Vinson VA Medical Center 1826 Veterans Blvd Dublin

GA

31021 508A

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION

Network Contracting Office (NCO) 7 2957 CLAIRMONT ROAD NE, Suite 1200 Atlanta

GA

30329

508A Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-0071 See CONTINUATION Page The contractor shall provide all labor, supervision, transportation, tools, equipment, replacement parts, attic stock inventory, Ready Service Kit (RSK), inspections, preventative maintenance, and corrective maintenance necessary to maintain ~125 automatic door openers across the Carl Vinson VA Medical Center in a fully operational and AAADM-compliant condition.

This is a Service Disabled Veteran Owned Small Business (SDVOSB) set-aside.

All questions must be emailed to the Contracting Officer by 9:00am EDT on September 1, 2026.

No information will be provide about bidder's list, past or current contracts.

See CONTINUATION Page X X X Don Grier 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 36C247 Don Grier

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION

Network Contracting Office (NCO) 7 2957 CLAIRMONT ROAD NE, Suite 1200 Atlanta GA 30329

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.

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

B.2 STATEMENT OF WORK

Statement of Work Contract Purpose:

This statement of work defines the requirements for a contractor to provide all labor, supervision, transportation, tools, equipment, replacement parts, attic stock inventory, Ready Service Kit (RSK), inspections, preventative maintenance, and corrective maintenance necessary to maintain ~125 automatic door openers across the Carl Vinson VA Medical Center (CVVAMC) in a fully operational and AAADM-compliant condition. Maintenance of the currently installed system will ensure safety for staff and veterans and will ensure access to all applicable areas of the building. The specific conditions for maintenance of currently installed door openers are outlined in the sections below.

Scope of Work:

The contractor shall be responsible for conducting an initial inventory documentation and assessing the currently installed system. Tasks under this category will include:

· Conduct a baseline assessment of all automatic door operators

· Install QR-code asset labels

· Develop and maintain an electronic inventory

· Establish equipment condition ratings

· Document estimated remaining useful life.

The contractor shall provide monthly preventative maintenance to ensure proper operation of facility door operators. Such maintenance shall be conducted during one (1) onsite visit per month consisting of three (3) working days. Services provided during this time shall include:

· AAADM inspections

· Functional testing

· Preventative maintenance

· Lubrication

· Adjustments

· Operational verification

· Minor repairs

· Compliance inspections

· Documentation and reporting In addition to maintenance, the contractor shall be required to make minor repairs to door openers at no additional cost. Minor repairs will be made to the following components where required:

· Safety sensors

· Activation devices

· Motors

· Gearboxes

· Controllers

· Belts

· Rollers

· Pulleys

· Bottom guide pins

· AAADM-required signage

· Other normal wear items

The contractor shall establish and maintain an onsite Ready Service Kit and attic stock inventory sufficient to support timely repair of covered equipment. The inventory shall include, at a minimum:

· Five (5) single operator replacement assemblies

· Five (5) dual operator replacement assemblies

· Spare motor/gearbox assemblies

· Spare controller boards

· Common wear components As the contractor uses inventory during contract performance, the contractor shall replenish inventory to maintain operational readiness. All materials procured under this section shall become Government property upon delivery.

The contractor shall be notified of requested services/repairs not outlined within the contract purpose and above scope. For these necessary services, contingency funds will be utilized. Utilization of contingency funds for services require prior approval from the Contracting Officer’s Representative (COR). These funds may be used for the following tasks:

· Emergency repair services scheduled outside of normally scheduled maintenance visits. Emergency repair services may be requested during nights, weekends, and federal holidays or may be requested for immediate response situations. For such calls, the contractor shall provide four (4) hour response for emergency calls and 24-hour emergency contact capabilities.

· Non-covered repairs include items such as door leaves, door frames, mechanical door hardware, access control equipment, electrical infrastructure, structural modifications, and damage caused by accident, abuse, vandalism, or acts of nature.

· Materials not included in basic attic stock inventory or materials that are outside of the scope of covered replacement components.

The vendor will provide all supervision, labor, equipment, and materials needed to complete work for this service contract per the provided attachments, specifications, and this SOW as applicable. All work must be in accordance with applicable local, state, and federal codes, rules, and regulations. Impact shall be minimized and mitigated in a way that limits disruption to the functioning of the Medical Center. If any damage occurs to the property, building, or boilers, it will be the responsibility of the contractor to bear the costs for repairs and interim costs for maintaining medical center operations. Scheduling and coordination with the CVVAMC will be critical and must be coordinated and approved by Contracting Officer’s Representative (COR). Hospital operations shall take priority. Vendor shall do everything feasible to ensure the continuation of hospital operations.

Period of Performance:

This contract will be tentative for a base year plus four option years:

Base Year: 10/1/2026 – 9/30/2027 Option Year 1: 10/1/2027 – 9/30/2028 Option Year 2: 10/1/2028 – 9/30/2029 Option Year 3: 10/1/2029 – 9/30/2030 Option Year 4: 10/1/2030 – 9/30/2031

Place of Performance:

Carl Vinson VA Medical Center 1826 Veterans Blvd Dublin, GA 31021

Federal Holidays

Contingency Funds:

The VA shall authorize a contingency fund not to exceed $50,000 per year for use at the discretion of the COR for additional necessary tasks. The COR will notify the contractor of necessary emergency services/repairs required. The contractor will provide a description of the issue, proposed corrective, and detailed (labor, materials, travel, etc. where applicable) cost estimate. The contractor must receive approval from the CO and COR before conducting the work.

General Requirements:

Employees of the contractor and sub-contractors shall always conduct themselves in a professional manner while on medical center property. The contractor shall ensure all personnel working on this contract are aware of Medical Center rules pertaining to employee behavior and conduct.

Physical or verbal misconduct may be grounds for removing employees from Medical Center property, or grounds for arrest by the VA Police. Employees may be banned from Medical Center property as a result of inappropriate or illegal behavior. The vendor shall not be entitled to any compensation from the Government for any costs resulting from employee misconduct (including, but not limited to, delays in contract completion) and may be held liable for costs incurred by the Government as a result of employee misconduct.

The VA will not be responsible for storage of equipment, materials, or tools.

It is the vendor’s responsibility to properly assess the working conditions and include in the bid any specialty equipment, training, additional time, personnel, or safety equipment to perform the work safely and in compliance with all applicable local, State, and Federal regulations.

Hours of Work:

Normal working hours are 0700 – 1600 Monday to Friday, except for federal holidays. Preparation can be done during these hours. To reduce patient impact, all work that requires a utility outage will need to take place during afterhours (1700 – 0500) or during weekends. All work started shall be completed and the work area(s) ready for full operations no later than 0500 the following day, unless otherwise coordinated with the COR. All schedules and work hours shall be requested, coordinated, and approved through the COR.

Security Requirements:

Badging must be secured prior to any contractor beginning work on the premises. The Contractor will determine the type of badge required for their contractor(s) based on the following criteria:

less than 180 days, they will require a Non-Personal Identity Verification (PIV) Badge.

c) If contractor requires unescorted access to CVVAMC for more than 180 days, they will require a PIV Badge.

Prior to receiving sponsorship for a badge, all contractors must complete Contractor Safety Training through the Safety Service. Training occurs every other Wednesday in the Engineering Conference Room (G206). Procedures for acquiring the appropriate identification badge for a contractor are identified below.

1) Visitor Badges will be issued by the Personal Identity Verification (PIV) Manager, Engineering Service, to the contractor at the time of use. Visitor Badges are valid only on the day of issue, and a new Visitor Badge must be issued for any subsequent visit.

2) Flash, Non-PIV, and PIV Badges will be issued by the PIV Office in Human Resources. These badges will be issued following sponsorship and credentialing procedures detailed below:

a. The COR will initiate the process for Flash, Non-PIV, and PIV Badges by submitting a request to the PIV Manager to complete Form OMB No. 2900-0673, Request for Personal Identity Verification Card, for the contractor requiring a badge.

b. For Flash and Non-PIV Badges, the COR will ensure that the contractor is appropriately sponsored by the PIV Manager, who will sponsor the contractor by certifying the completed Form OMB No. 2900-0673 (in Section 3), establishing the need for a credential to be issued to the contractor.

c. For PIV Badges, the COR will serve as the sponsor by certifying the completed Form OMB No. 2900-0673 (in Section 3), establishing the need for a credential to be issued to the contractor.

d. The PIV Manager will request the following information from the contractor for completion of the Form OMB No. 2900-0673: Legal name, Date of birth, SSN, Job title, name of firm/company, sex, race, height, weight, eye color, hair color, place of birth, certificate of completion for RHJVAMC Contractor Safety Training (required to be completed annually) and Certificate of completion for the OSHA 10-hour Construction Safety Training or the OSHA 30-hour Construction Safety Training.

e. The PIV Manager will validate completed training and sponsor the contractor by submitting the completed form to the Police Service (PIV Office).

3) The COR will provide the contractor with instructions for completing their required background investigation, if applicable.

4) Once HR has received all required documentation, they will issue the appropriate badge to the contractor.

Safety:

The vendor is responsible for gaining access to the following reference materials:

· NFPA 70, National Electrical Code

· NFPA 101, Life Safety Code

· NFPA 80, Standard for Fire Doors and Other Opening Protectives

· NFPA 105, Standard for Smoke Door Assemblies and Other Opening Protectives

Parking/Laydown Area:

The contractor shall make arrangements for parking. At no time shall vehicles be parked on roadways, patient parking areas, the loading dock, etc. Coordinate use of the loading dock for loading/unloading material with the COR. Materials shall not be deposited on the loading dock for any length of time. There is no guarantee for laydown of testing equipment. The CVVAMC shall not provide an extensive area for storage of testing equipment. Again, scheduling and coordination with the CVVAMC will be critical. Interim Life Safety Measure (ILSM) Permit may be required for staged testing equipment due to increased combustible loading. It is the responsibility of the contractor to ensure their testing equipment remain secure.

Records Management and Contract Security:

Procedures and VA Handbook 6500.6 Contract Security. Both can be found at: https://www.va.gov/vapubs/search_action.cfm?dType=2 **Note: This link is the complete list of VA Handbooks and are in sequential order. **Instructions for accessing VA Handbooks at link listed above: Click on link above and once it is opened, please scroll down on the left side until you get to VA Handbook 6300.1. Once there, go to the PDF Format Column and click on PDF. VA Handbook 6300.1 will then ask you to open or save the document.

Please follow the same instructions listed above for accessing VA Handbook 6500.6.

All contractor employees working on this requirement are required to complete mandatory annual training entitled, “VA Privacy and Information Security Awareness” and “HIPPA Training” prior to providing service for each year of the contract with copies sent to the COR for each and available for audit as requested. The course numbers are VA10203 and VA 10176. You must select that you are a contractor. Contractor employees are to self-enroll into TMS via the link: https://www.tms.va.gov/learning/user/SelfRegistrationUserSelection.do A VA employee will escort the contractor when contractor is required to enter/work in sensitive areas.

Identifications, smoking and VA Regulations:

The Contractor's FSE shall wear visible identification always while on the premises of the Carl Vinson VA Medical Center. Contractor shall contact the Contracting Officer’s Representative (COR) upon contract award, to receive instructions on how to obtain a VA Identification Badge during the performance of this contract. Carl Vinson VA Medical Center is a smoke-free campus which includes both tobacco and e-cigarettes; tickets can be issued by Police Services. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court. Photography or Video on medical center premises is strictly prohibited. Additionally, pursuant to 38 CFR 1.218(b) (23) Use of recording devices of any kind to record patients or employees is strictly prohibited.

VA Notice of Limitations on Subcontracting - Certificate of Compliance: To be eligible for evaluation and consideration for award, offerors must return the entire Limitations on Subcontracting Certificate of Compliance clause containing a fully completed certification at the time offers are due or the offer will be rejected and not forwarded for evaluation. In addition to completing the offeror ‘fill-in’ requirements for this clause, offerors must insert the offeror’s name in the brackets. Electronic signatures are not acceptable.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

The contractor shall provide all labor, supervision, transportation, tools, equipment, replacement parts, attic stock inventory, Ready Service Kit (RSK), inspections preventative maintenance, and corrective maintenance necessary to maintain approximately 125 door openers across the Carl Vinson VA Medical Center (CVVAMC) in a fully operational and AAADM-compliant condition.

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027

Contingency repair/emergency service funds. POP: 365 days Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027

The contractor shall provide all labor, supervision, transportation, tools, equipment, replacement parts, attic stock inventory, Ready Service Kit (RSK), inspections preventative maintenance, and corrective maintenance necessary to maintain approximately 125 door openers across the Carl Vinson VA Medical Center (CVVAMC) in a fully operational and AAADM-compliant condition.

Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028

Contingency repair/emergency service funds. POP: 365 days Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028

The contractor shall provide all labor, supervision, transportation, tools, equipment, replacement parts, attic stock inventory, Ready Service Kit (RSK), inspections preventative maintenance, and corrective maintenance necessary to maintain approximately 125 door openers across the Carl Vinson VA Medical Center (CVVAMC) in a fully operational and AAADM-compliant condition.

Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029

Contingency repair/emergency service funds. POP: 365 days Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029

The contractor shall provide all labor, supervision, transportation, tools, equipment, replacement parts, attic stock inventory, Ready Service Kit (RSK), inspections preventative maintenance, and corrective maintenance necessary to maintain approximately 125 door openers across the Carl Vinson VA Medical Center (CVVAMC) in a fully operational and AAADM-compliant condition.

Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030

Contingency repair/emergency service funds. POP: 365 days Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030

The contractor shall provide all labor, supervision, transportation, tools, equipment, replacement parts, attic stock inventory, Ready Service Kit (RSK), inspections preventative maintenance, and corrective maintenance necessary to maintain approximately 125 door openers across the Carl Vinson VA Medical Center (CVVAMC) in a fully operational and AAADM-compliant condition.

Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031

Contingency repair/emergency service funds. POP: 365 days Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

(End of Clause) C.2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2024)

(a) Definitions. As used in this provision—"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalties. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to civil penalties as provided in 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(End of Provision) C.3 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

(a) Definitions. As used in this clause— Agency means “executive agency” as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern—

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services.

(i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, "professional and technical services" are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure.

(1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts.

(1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203–11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract under this contract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award.

(End of Clause) C.4 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision— Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign 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.

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

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of Provision) C.5 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause— Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

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

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of Clause) C.6 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) C.7 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that—

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

(End of Provision)

C.8 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have," the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision; and

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104–5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines…