36C24818Q0163-001.docx

COMBINED SYNOPSIS/SOLICITATION VA248-17-Q-0639

General Information

Contracting Office Address

NCO 8

ATTN: Steven Scharlow 10000 Bay Pines Blvd, Bldg. 2 RM 316 Bay Pines, FL 33744 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 in conjunction with Part 13, as supplemented with additional information included in this notice. This procurement is being conducted under Subpart 13.5 Simplified Procedures for Certain Commercial items. This announcement constitutes the only solicitation for this action. Quotes are being requested, and a written solicitation will not be issued.

This solicitation is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-96 effective 11-06-2017.

The Network Contracting Office 8-SAO East intends to award a fixed priced contract, providing for all labor, tools, equipment, transportation and supervision for the purpose of providing monthly preventative maintenance, annual preventative maintenance, and emergency generator and fire pump repairs for the C. W. Bill Young Veteran Affairs Medical Center (VAMC) in accordance with the below Statement of Work (SOW).

The associated North American Industrial Classification System (NAICS) code for this procurement is 561621, $20.5M.

Set-Aside Requirement: The Government reserves the right to make no award from this solicitation.

Any award resulting from this solicitation will be made using the following cascade set-aside procedures per VHA memorandum #17-09, June 21, 2017 In compliance with 38 U.S.C. 8127 The evaluation of offers received in response to the solicitation will use a tiered or cascading order of precedence. “tiered evaluation of offers,” also known as “cascading evaluation of offers,” is a procedure used in negotiated acquisitions when market research is inconclusive for justifying limiting competition to small business concerns or sub-categories of small business concerns. The contracting officer-

1. Solicits offers from both small and other than small business concerns that will be evaluated in the following tier order:

1. Service-disabled veteran-owned small business (SDVOSB);

1. Veteran-owned small business (VOSB);

1. All other small business concerns;

1. Other than small business.

1. If an award or a sufficient number of awards cannot be made at the first tier, evaluation of offers will proceed at the next lower tier until an award or a sufficient number of awards can be made.

Prospective offerors must be a registered in the System for Award Management (SAM) at http://www.sam.gov to be considered for an award of a federal contract, and registration must be complete and not missing elements such as representations and certifications. For tiered evaluation purposes, to be considered as a Service Disabled Veteran Owned Small Business (SDVOSB) or Veteran Owned Small Business (SDVOSB), prospective offerors must be a verified VOSB concern in the VA Center for Verification and Evaluation (CVE) Veteran Information Pages (VIP) pages https://www.vip.vetbiz.gov/ at the date and time set for receipt of offers.

SITE VISIT: The site visit will be held Tuesday, 11/28/2017, at 10:00 AM Eastern at the C.W. Bill Young VA Medical Center located at 10000 Bay Pines Blvd., Bldg. 100, Bay Pines, FL 33744. Vendors are required to contact Kathryn Slade at work (727) 398-6661 Ext 10549/cell 727-410-3912 or kathryn.slade@va.gov to sign up for the site visit. Vendors shall meet Kathryn Slade in the main lobby of Bldg. 100 (Main VA Medical Center). *The site visit is highly encouraged and expected prior to submission of quote.

VENDOR QUESTIONS: All questions regarding this RFQ must be in writing and may be sent by e‐mail to both steven.scharlow@va.gov and kathryn.slade@va.gov. Questions must be received no later than Monday, 12/4/2017 by 11:00 AM Eastern. No further questions will be accepted after that date and time.

ANSWERS TO VENDOR QUESTIONS: Answers to vendor questions will be posted on FBO no later than Tuesday, 12/5/2017 by 4:30 PM Eastern.

*QUOTE SUBMISSION: Offers are due on/or before Monday, 12/11/2017 by 10:00 AM Eastern. Quotes received after this date and time will be considered late in accordance with 52.212-1(f) and will not be evaluated. Quotes shall be sent by e‐mail “only” to the Contracting Officer (Steven Scharlow) at steven.scharlow@va.gov. The Government will award a Firm Fixed Priced (FFP) contract resulting from this RFQ to the responsible vendor whose quote is the lowest price technically acceptable (LPTA) offer utilizing the above cascade set-aside procedures. *Vendors are required to follow the “Instructions to Quoters” on pages 49 - 52 of this Synopsis/Solicitation RFQ.

B. Schedule of Services Contractors shall quote prices for the following Contract Line Item Number (CLIN):

The following Contract Line Item (CLIN) identified and is applicable to this requirement. For detailed service description please review the Statement of Work.

Price Schedule Please Enter the Total Price for the Job Below

Delivery: Installation must be complete within 60 calendar days from date of award.

1 Job

C. Statement of Work Statement of Work Access Control/Surveillance System Bay Pines VA Healthcare System (VAHCS)

1. INTRODUCTION

Background

Department of Veterans Affairs (VA) Office of Operations, Security, and Preparedness (OSP) HSPD-12 Program Management Office (PMO) has mandated Physical Access Control Systems (PACS) be standardized throughout the VA at the enterprise level. To this end, Bay Pines VAHCS conducted a project in 2013 to replace the legacy PACS system with the HSPD-12-compliant system Software House CCURE 9000 version 2.10. This project also upgraded the existing Closed Circuit Television (CCTV) Surveillance System to Avigilon version 5.2.0.20.

Additional security vulnerabilities have been identified by Bay Pines VAHCS that require installation of access control hardware that is compatible with the Physical Access Control System used by the healthcare system.

National Mandates

Homeland Security Presidential Directive 12 (HSPD-12) requires federal agencies to issue secure and reliable identification to all employees and contractors. FIPS Publication 201-1 -Personal Identify Verification (PIV) of Federal Employees and Contractors, issued by NIST, establishes the technical specifications for the smart cards that respond to this requirement.

HSPD-12 requires Federal agencies to provide a common ID credential system for all federal employees and contractors. PIV badges are electronically verifiable and protected by digital certificates, biometric data, and a PIN code. These credentials are issued, tracked, and revoked from a central management system and require applicant background checks.

On February 3, 2011, the Office of Management and Budget (OMB) released Memorandum 11-11, Continued Identification of Homeland Security Presidential Directive (HSPD) 12 that requires all federal agency systems be enabled to use PIV credentials in accordance with NIST guidelines. OMB directs agencies to use PIV badges in daily operations and integrate centrally managed PIV badge systems with the physical access control systems (PACS). PACS readers must, at a minimum, extract unique token identifier information from the PIV badge and the existing federal physical and logical access control systems must be upgraded to use PIV credentials.

Objective

The objective of this Statement of Work is to provide the necessary services and equipment to add access control to specified locations on the C. W. Bill Young VAMC campus that is compatible with the facilities enterprise PACS system, utilizing Software House CCURE 9000 version 2.10 and Avigilon CCTV System version 5.2.0.20. Delivery is required no later than 60 calendar days from date of award.

Scope of Work: The contractor will provide hardware and services required to provide electronic access control to the following locations in the Mental Health Addition (MHA), Building 111: Room 1C129 Injection Clinic, Corridor 2B-C2-2, and Corridor 2B-C2-6. The hardware provided will consist of brand name or equal HID RPK40H PIV CLASS Readers, electronically activated door strikes or magnetic locks, as appropriate, GE/Sentrol door position switches, Kantech TREX-LT Request to Exit (REX) devices, Software House RM-4E Reader Relay Boards, and other required hardware and wiring. These access control assemblies will be hard wired and networked to the existing CCURE panels in the building. There is one available connection in the iSTAR panels on the second floor, in signal room 2B147 or 2B181. There are at least two available connections in the CCURE panels in the third floor signal rooms 3A107 and 3A128.The new readers may be run to these existing panels, or additional panels may be purchased to accommodate these. The connection points for the access control system are identified in attached drawings. Contractor will provide equipment and materials necessary to connect the readers and surveillance cameras to the existing PACS system. The contractor is required to identify the equipment, software, and data deliverables that are required from the contractor to complete this statement of work; and to identify applicable requirements and/or restrictions.

The Contractor will provide the initial software configuration of all PACS and CCTV components installed, with input from Bay Pines VAHCS Engineering Department regarding standard naming conventions and configuration preferences.

All wiring shall be enclosed in EMT conduit with a minimum ¾ inch diameter, properly installed per NEC with compression fittings.

Prior to installation a walk-thru with the COR and the Contractor will be conducted to identify specific locations listed in this Statement of Work.

No VA sensitive information will be stored, generated, transmitted or exchanged from the PACS system used for access control.

Vendor must provide a 1-year parts/support warranty on all equipment for the computer/security system.

General Requirements

All employees of the vendor and subcontractors shall comply with the VA security management program and obtain permission of the VA police, be identified by the contract and employer, and restricted from unauthorized access. This will be coordinated with the VA Police by the contracting officer’s representative (COR).

The vendor’s employees shall not enter the work site without appropriate badge. They may also be subject to inspection of their personal effects when entering or leaving the project site. Badges shall be provided by the Government to the vendor for distribution to on-site employees of the vendor and all Subcontractors. If physical keys are needed by the contractor for access to the area of work, they will be signed out by one of the vendor’s employees from the COR. If a key is lost by a contractor, it must be reported to the COR as soon as possible, at which time a police report will be completed by the VA Police. The vendor may be fined for the replacement of locks and keys required as a direct result of the loss of the key assigned to their employee.

For working outside the “regular hours” as defined in the contract, the vendor shall give 3-day notice to the Contracting Officer so that arrangements can be provided for the employees. This notice is separate from any notices required for utility shutdown described later in this section. No photography of VA premises is allowed without written permission of the Contracting Officer.

VA reserves the right to close down or shut down the project site and order the vendor’s employees off the premises in the event of a national emergency. The vendor may return to the site only with the written approval of the Contracting Officer.

Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

Means of Egress: Do not block exiting for occupied buildings, including paths from exits to roads. Minimize disruptions and coordinate with COR.

Hot Work: Perform and safeguard hot work operations in accordance with NFPA 241 and NFPA 51B. The Contractor shall coordinate with COR. Obtain permits from facility Safety Manager at least 24 hours in advance.

Execute work so as to interfere as little as possible with normal functioning of Medical Center as a whole, including operations of utility services, fire protection systems and any existing equipment, and with work being done by others. Use of equipment and tools that transmit vibrations and noises through the building structure, are not permitted in buildings that are occupied jointly by patients or medical personnel, and Contractor's personnel, except as permitted by COR where required by limited working space.

All Buildings will be occupied during performance of work. Contractor shall take all measures and provide all material necessary for protecting existing equipment and property in affected areas against dust and debris, so that equipment and affected areas to be used in the Medical Centers operations will not be hindered. Coordinate alteration work in areas occupied by Department of Veterans Affairs so that Medical Center operations will continue during the installation period.

No utility service such as water, gas, steam, sewers or electricity, or fire protection systems and communications systems may be interrupted without prior approval of COR. Electrical work shall be accomplished with all affected circuits or equipment de-energized. When an electrical outage cannot be accomplished, work on any energized circuits or equipment shall not commence without the COR’s prior knowledge and written approval. The vendor shall submit a request to interrupt any such services to COR, in writing, two weeks in advance of proposed interruption. Request shall state reason, date, exact time of, and approximate duration of such interruption.

Establish and maintain a dust control program as part of the vendor’s infection preventive measures in accordance with the guidelines provided as specified here. Prior to start of work, prepare a plan detailing project-specific dust protection measures, including periodic status reports, and submit to COR for review a minimum of two weeks prior to the start of work at each site. All personnel involved in the installation or renovation activity shall be educated and trained in infection prevention measures established by the medical center.

In general, follow preventive measures during installation of new equipment to keep down dust and prevent mold. Dampen debris to keep down dust and provide temporary construction partitions in existing structures where directed by COR. Blank off ducts and diffusers to prevent circulation of dust into occupied areas during construction. Do not perform dust producing tasks within occupied areas without the approval of the COR.

Provide dust proof one-hour fire-rated temporary drywall barriers to completely separate installation work that may result in dust generation from the operational areas of the hospital in order to contain dirt debris and dust, where directed by the COR. Barriers shall be sealed and made presentable on hospital occupied side. Install a self-closing rated door in a metal frame, commensurate with the partition, to allow worker access. Maintain negative air at all times. A fire retardant polystyrene, 6-mil thick or greater plastic barrier meeting local fire codes may be used where dust control is the only hazard, and an agreement is reached with the COR and Medical Center.

Vacuum all transition areas from construction to the occupied medical center at the end of each workday. Vacuum shall utilize HEPA filtration. Maintain surrounding area frequently. Remove debris as they are created. Transport these outside the construction area in containers with tightly fitting lids.

NOTE: If the vendor can show that the installation of new security equipment and related work will not result in creation of significant dust or other contaminants then some or all of the requirements for dust protection can be deleted or modified as approved by the COR.

Normal working hours will be used to complete this contract unless otherwise indicated. Normal working hours shall be 7:30 AM to 4:00 PM, Monday through Friday – Federal Holidays or any other Holiday designated by the President of the United States excluded. Deviations from normal working hours must be approved in writing from the Contracting Officer no less than 72 hours in advance.

Any electrical work required for the installation of the new security system must meet the International Building Code (IBC), National Electrical Code (NEC),Underwriters Laboratories, Inc. (UL) and National Fire Protection Association (NFPA) as minimum installation requirement standards.

Materials and equipment furnished shall be of current production by manufacturers regularly engaged in the manufacture of such items, for which replacement parts shall be available.

All electrical work must comply with the requirements of NFPA 70 (NEC), NFPA 70B, NFPA 70E, OSHA Part 1910 subpart J, OSHA Part 1910 subpart S and OSHA Part 1910 subpart K in addition to other references required by contract.

New work shall be installed and connected to existing work neatly, safely and professionally. Disturbed or damaged work shall be replaced or repaired to its prior conditions at contractor’s expense.

In addition to the requirements of the NEC, install an identification sign (pin-out sheet) which clearly indicates information required for use and maintenance of items such as switchboards and panel boards, fused and unfused safety switches, separately enclosed circuit breakers, and individual breakers.

The Government's approval shall be obtained for all equipment and materials used for the installation of the security system before delivery to the job site. Delivery, storage or installation of equipment or materials which have not had prior approval will not be permitted at the medical center. All submittals shall include adequate descriptive literature, catalog cuts, shop drawings and other data necessary for the Government to ascertain that the proposed equipment and materials comply with specification requirements and codes. This shall be coordinated and approved by the COR.

Minimum size for any conduit installation required for the security system is 3/4”.

Mechanical, electrical and associated systems shall be safe, reliable, efficient, durable, easily and safely operable and maintainable, easily and safely accessible, and in compliance with applicable codes as specified. The systems shall be comprised of high quality institutional-class and industrial-class products of manufacturers that are experienced specialists in the required product lines.

All items furnished shall be free from defects that would adversely affect the performance, maintainability and appearance of individual components and overall assembly.

Under no circumstances will medical gas piping be used for support of any conduit, cable, box or other device as part of this project; medical gas piping includes oxygen, nitrous oxide, medical air and vacuum lines.

For all new penetrations required through walls and floors the vendor shall install sleeves during installation of the security project. For new floor penetrations extend the sleeve one inch above finished floor and provide sealant for watertight joint. Penetrations are not allowed through beams or ribs, but may be installed in concrete beam flanges. Any deviation from these requirements must receive prior approval of the Chief Engineer. Vendor will ensure all wall penetrations are filled with appropriate fire-stop material. Contractor must coordinate inspections of penetrations with VA personnel.

Cut holes through concrete and masonry by rotary core drill. Pneumatic hammer, impact electric and hand or manual hammer type drill will not be allowed, except as permitted by Chief Engineer where working area space is limited.

Equipment and materials shall be carefully handled, properly stored, and adequately protected to prevent damage before and during installation, in accordance with the manufacturer's recommendations.

Where the Government determines that the vendor has installed equipment not conveniently accessible for operation and maintenance, equipment shall be removed and reinstalled or remedial action performed as directed at no additional cost to the Government.

Project Management

The contractor shall perform all management tasks that are required to perform the tasks identified herein in accordance with the established schedule and to report the status/progress of these tasks to the local VA point-of-contact and the VA COR.

Planning

The contractor shall develop and maintain a project plan that identifies tasks to be performed and the resources, facilities, tools, and materials needed to accomplish these tasks effectively. The plan shall explicitly include task dependencies so that the impact of a delay in completing any task can be readily identified.

Personnel

The contractor shall provide, schedule, supervise, and manage all personnel required to perform the tasks required by this statement of work. The contractor shall ensure that all personnel are properly trained and licensed for the work that they are assigned. The contractor shall coordinate all requirements for escorts with the local VA designated point-of-contact at least one week in advance of required access. All contractor personnel shall comply with facility requirements for sign-in and badge display. The contractor shall promptly remove and replace any of its personnel who do not comply with VA requirements. The contractor shall be responsible for any delays or other impact due to misconduct on the part of its employees or subcontractors.

Reporting

The contractor shall regularly report project status, progress and issues to the VA COR during the term of this contract. Reporting shall be on a weekly basis at least during the installation phase.

Licenses and Regulations

The contractor shall ensure that the company and all assigned personnel have appropriate background investigations in accordance with VA requirements, licensed in accordance with state and local requirements, and that all work performed complies with applicable regulations and codes.

Quality Assurance

The contractor shall perform all tests, inspections, and other actions that are required to verify that products, documents, and services meet the requirements of this Statement of Work, project objectives, and best commercial practices. The contractor shall maintain records that document the performance of quality assurance tasks and shall provide these records to VA on request.

2. APPLICABLE DOCUMENTS

The following documents form a part of the requirements of this Statement of Work to the extent specified

FIPS 201-1 - Personal Identity Verification (PIV) of Federal Employees and Contractors

SP 800-73 - Interfaces for Personal Identify Verification

SP 800-116 – A Recommendation for the Use of PIV Credentials in Physical Access Control Systems (PACS)

VA Physical Access Control Systems (PACS) Requirements

VA Handbook 0730/4, Appendix B, Security and Law Enforcement

ABBREVIATIONS

Address of Facility:

Department of Veterans Affairs C. W. Bill Young VAMC 10000 Bay Pines Blvd., Bldg. 111 Bay Pines, FL 33744

D. Contract Administration

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under 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 commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

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

a. CONTRACTOR ________________________________________ (Contractor’s Name) ADDRESS ________________________________________ (Street) ________________________________________ (City-State-Zip) POINT OF CONTACT________________________________________ (Name/Title)

PHONE NO.________________________________________

FAX NUMBER________________________________________

E-MAIL ________________________________________

DUNS NUMBER________________________________________

b. GOVERNMENT: Steven Scharlow, Bay Pines VA, steven.scharlow@va.gov

3. INVOICES: Invoices shall be submitted in arrears in accordance with:

1. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

1. Upon Acceptance of Items

4. GOVERNMENT INVOICE ADDRESS: The VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e-Invoicing Network for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to Tungsten Network VA.Registration@tungsten-network.com or calling (877)752-0900, option 2 for Enrollment.

Contractor shall submit an electronic invoice to VAFSC e-Invoice by the tenth (10th) of the following month services were performed through the website https://portal.ob10.com/Login.aspx. For questions regarding the submission of VA electronic invoices, call Tungsten Network customer service at (877)489-6135. Invoices sent to Tungsten shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, the extended price, and the total invoice cost. Invoices shall include any payment discount terms. A separate invoice shall be sent to the COR to validate/certify invoices. For questions regarding invoice receipt/payment, call VAFSC at (877)353-9791 or email vafsccshd@va.gov. Payments shall be made monthly in arrears upon receipt of a proper invoice.

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS

For assistance setting up e-Invoice, the below information is provided:

· Tungsten Network e-Invoice Registration: VA.Registration@tungsten-network.com

· Tungsten Network e-Invoice Setup Information: (877)752-0900 (Option 2 – Enrollment)

· OB10 Portal to submit electronic invoices: https://portal.ob10.com/Login.aspx

· Tungsten Network Customer Service: (877)489-6135

· VAFSC – for Invoice receipt or payment questions, call: (877)353-9791 or

· VAFSC Email: vafsccshd@va.gov

The following RFQ provisions apply to this acquisition:

Addendum to FAR 52.212-4:

The following RFQ clauses apply to this acquisition:

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):

FAR Clauses Incorporated By Reference:

Clauses Incorporated By Full Text:

52.237-2 - Protection of Government Buildings, Equipment, and Vegetation (Apr 1984).

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of Clause)

52.246-4 -- Inspection of Services -- Fixed-Price (Aug. 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause)

852.232-72 Electronic submission of payment requests

(a) Definitions. As used in this clause-

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of clause) 852.237-70 Contractor Responsibilities The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/ she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Florida. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Jan 2017) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision-- “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(6) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”,…