36C24821Q1022_1.docx

36C24821Q1022 Contract Opportunity Combined Synopsis/Solicitation Notice

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice 7H20 Supply

S tandalone information technology network 33637 36C24821Q1022 06-01-2021 10:00

EASTERN TIME, NEW YORK, USA

N

SBA

541519 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 Contract Specialist Leonora Simmons leonora.simmons@va.gov 813-972-7592 Department of Veterans Affairs 13000 Bruce B. Downs Tampa FL 33612

USA

https://www.va.gov VA Website leonora.simmons@va.gov Contract Specilalsit

STATEMENT OF NEED

Standalone Criminal Justice Information Network GENERAL: The Police Service at the James A. Haley Veterans’ Hospital, 13000 Bruce B. Downs Blvd, Tampa, Florida 33612, has a need to install a standalone information technology network due to requirements to have access to the National Crime Information Center (NCIC) that is hosted by the Federal Bureau of Investigation (FBI). The Florida Department of Law Enforcement (FDLE) monitors, regulates, and provides access to NCIC through the Florida Criminal Justice Information System (CJIS) via their own secure routers and fiberoptic connection.

BACKGROUND: VA Handbook 0730 requires the VA Police to have access to NCIC. The standalone network is needed to connect with the FDLE because VA regulations prevent external connections of non-VA devices to be connected to the VA network. The VA Office of Information and Technology (OI&T) directed the VA Police to seek an outside vendor to install the network.

SCOPE: VA Police requests an outside vendor who is experienced with CJIS networks to install a standalone network to connect to the FDLE router that meets all FDLE Criminal Justice Information System Security Policies (CSP). This is a brand name only solicitation.

Products/Services:

Server Option 2 - Pedestal/Tower HPE ProLiant ML30 G10 4U Tower Server - 1 x Xeon E-2224 - 16 GB RAM HDD SSD - Serial ATA/600 Controller - 1 Processor Support - 64 GB RAM Support - 16 MB Graphic Card - Gigabit Ethernet - 8 x SFF Bay(s) - Hot Swappable Bays - 1 x 500 W, QTY 1 The HPE ProLiant ML30 Gen10 Server is a powerful tower server designed for small offices, remote and branch offices to run on-premises and hybrid cloud solutions, delivering enterprise-class performance, security, reliability, and expandability.

(HPE 1 TB Hard Drive - 2.5" Internal - SATA (SATA/600) - 7200rpm – 1 Year Warranty, QTY 2 HPE 500W Flex Slot Platinum Hot Plug Low Halogen Power Supply Kit -230 V AC, 380 V DC HPE ML30 Gen10 4U RPS Enablement Kit [Server OS Licensing] Microsoft Windows Server 2019 Standard - License - 16 Core - Microsoft Qualified, Volume, Local Government - Microsoft Open License for Government - English – PC, QTY!

Microsoft Windows Server 2019 - License - 1 Device CAL - Local Government, Volume - Microsoft Open License for Government - English -PC, QTY 5

[Data Protection] Datto Siris 4 Business - 1 TB Flash (500 GB Base Image Maximum); Intel Xeon D 2123IT; 32 GB RAM; , QTY1 3x500 GB (Raid 5); 240 GB SSD OS Drive SIRIS is the first fully featured total data protection platform delivered in one integrated package. Easily protect any physical, virtual and cloud infrastructure running on Windows, Mac or Linux, and spin up lost servers in seconds without the need for additional tools. Backup automatically on schedule to a local device, and replicate backups to the Datto Cloud. Recover granular data quickly from multiple points in time, and use local virtualization, Datto Cloud virtualization—or both—to get back to business in minutes Datto Siris 4 Business - 1 TB - No Cloud Storage Firewalls WatchGuard Firebox T20 Network Security/Firewall Appliance - 5 Port - 1000Base-T - Gigabit Ethernet - 5 x RJ-45 - 3 Year Standard Support (WW) -Tabletop, QTY1 1 WatchGuard Firebox T20 Network Security/Firewall Appliance - 5 Port -1000Base-T - Gigabit Ethernet - 5 x RJ-45 - 3 Year Total Security Suite (WW) – Tabletop, QTY 1 2 Rack Shelf - For Firewall - 2U Rack Height x 19" Rack Width -Rack-mountable – Red, QTY2 Gigabit Ethernet Copper-to-Fiber Media Converter - SM LC - 20 km - Ethernet Media Converter - GbE Converter - 1 x Network (RJ-45) - 1 x LC Ports - DuplexLC Port - Single-mode - Gigabit Ethernet - 1000Base-T, 1000Base-LX - Rack-mountable, Standalone - TAA Compliant, QTY2 [Switches] Ruckus ICX 7150-C12P - Switch - Layer 3 - managed - 12 x 10/100/1000 (PoE+) + 2 x 10/100/1000 (uplink) + 2 x Gigabit SFP - desktop - PoE+ (124 W) Ruckus ICX 7150 Compact Switch, 12×10/100/1000 Mbps PoE+ ports, 2×1 GbE RJ45 uplink-ports, 2×1 GbE SFP uplink-ports upgradable to 2×10 GbE SFP+ with license. 124 W PoE budget, basic Layer 3., QTY 1 Ruckus Wireless ICX 7150-C12P Rack Mount, QTY 1 Ruckus - SFP (mini-GBIC) transceiver module - GigE - 1000Base-SX / LC multi-mode - TAA Compliant, QTY 2 Ruckus high-performance, reliable, and cost-effective optical transceivers help enterprises and service providers meet the challenges of diverse network topologies. Extensive performance and reliability testing reflects an ongoing commitment to quality.

[Anti-virus Software] Trend Micro Worry-Free Business Security Standard - License + 1 Year Maintenance - 1 user - academic, volume, local, state, non-profit - 2-25 licenses – Win, QTY 5 [Power Protection] - Up to 18 Minutes for Server / About 1 Hour for Switch and Firewall

[For Server] APC by Schneider Electric Smart-UPS SMC1500C 1500VA Desktop UPS - Desktop - 3 Hour Recharge - 7.80 Minute Stand-by - 120 V AC Input - 120 V AC, 110 V AC, 127 V AC Output - 8 x NEMA 5-15R, QTY 1 [For Firewall and Switch] APC by Schneider Electric Smart-UPS C 1000VA LCD 120V with SmartConnect - External - 3 Hour Recharge - 9.20 Minute Stand-by - 120 V AC Input - 120 V AC Output - 8 x NEMA 5-15R, QTY 2 Network Accessories] StarTech Wallmount Server Rack with Dual Fans and Lock – Vertical Mounting Rack for Server - 4U, QTY 2 Leviton 24 Port Voice Grade Network Patch Panel - 24 x RJ-45 - 24 Port(s) -24 x RJ-45 - 24 x RJ-11 - 19" Wide - Rack-mountable, QTY 2 StarTech 3m Fiber Optic Cable - Multimode Duplex 62.5/125 - LSZH - LC/LC - OM1 - LC to LC Fiber Patch Cable - LC Male Network - LC Male Network -3m – Orange, QTY 4 The 3-meter (10ft) Multimode 62.5/125 Duplex Fiber Patch Cable is terminated at both ends with LC (male) connectors, to provide the necessary connection between fiber networking devices for high-speed, long distance networks. Cat5e Patch Cable 3' – Black [Installation and Configuration Services] QTY. 1 Installation of Listed Equipment and Configuration as Per FDLE 1 specifications Configuration of equipment provided is in accordance with FDLE standards. Listed equipment and configuration to address the following FDLE CJIS Security Policies

5.6.2 Authentication Policy and Procedures

5.6.2.1 Standard Authenticators

5.6.2.1.1 Password

5.6.2.1.1.1 Basic Password Standards

5.6.2.1.1.2 Advanced Password Standards

5.10 System and Communications Protection and

Information Integrity

5.10.1 Information Flow Enforcement

5.10.1.1 Boundary Protection

5.10.1.2 Encryption

5.10.1.2.1Encryption for CJI in Transit

5.10.1.3 Intrusion Detection Tools and Techniques

5.10.4 System and Information Integrity Policy and Procedures

5.10.4.1 Patch Management

5.10.4.2 Malicious Code Protection

5.10.4.3 Spam and Spyware Protection

Steps Included

1) Installation and Setup of a 2019 Windows Server and Domain

2) Setup of up to 2 workstations

3) Setup of 5 users on the new domain

4) Setup of a Datto Backup

5) Configure Datto backups for 1 Windows 2019 Server and verify

6) Setup of Trend Micro AV on 1 server and 2 workstations.

7) Setup of 1 T20 firewall with Total Security

8) Setup of 1 T20 firewall

9) Setup a VPN between the firewalls over a Fiber connection (w/ transceivers)

10) Setup of 1 8-port Ruckus Switch, in a flat network and fiber connections to two locations other wiring closets

11) Hang 2 wall mount racks

12) Punch down 2 cables in 2 racks on a new patch panel

13) Connect to NCIC router and have the connection verified This is not a solicitation and in no way obligates the Government to award any contract. Additionally, a response to this sources sought notice is not a request to be added to a prospective bidders list or to receive a copy of any forthcoming solicitation.

SPECIFIC NEED/ SALIENT CHARACTERISTICS:

Network needed must meet the following characteristics:

a. Install appropriate hardware, servers, switches, and software to connect the agencies already purchased desktop computer and printer from building 42, room 117 to the FDLE routers and switches in Building 30 Room 30-096e and Building 1, Room 1A-114B.

b. Install appropriate hardware, servers, switches, and software to connect the agencies already purchased desktop computer and printer from Building 1, Room 1A-147 to the FDLE routers and switches in Building 1 Room 1A-114B and Building 30, Room 30-096e.

c. Network to be installed utilizes already installed Ethernet and Fiber Optic cables.

d. Network configuration and characteristics must meet the FBI CSP.

e. Network must have backup capability.

f. Network domain must log user log-on attempts.

g. Vendor must provide technical diagram that meets all CSP specifications of the installed network and all applicable connections.

h. System must be “turn-key”, with all CSP required operating systems, firewalls, and antivirus software installed.

i. Vendor must provide system and user setup training to the Local Agency Security Officer (LASO) after install is complete.

Vendor must meet the following standards and characteristics:

a. The vendor will need to provide a minimum of eight county, state, or government agency references for previous CJIS system/network contract work.

b. Vendor shall provide proof of having gone through a minimum of five FDLE Technical Audits.

c. Vendor must have all employees who will be working on the network LiveScan Fingerprinted under the agencies Originating Agency Identifier (ORI) prior to any work being performed.

d. All vendor employees working on the network must be able to pass the state/federal fingerprint-based background check under the agencies ORI.

e. The vendor must provide Level IV CJIS Security Awareness Training Certificates to the LASO for all employees who will be working on the network.

PERFORMANCE MONITORING: Installation and set-up of the network and computers will include necessary software. Vendor will provide training to the LASO(s) on User Set-Up in the new domain and how to perform system backup and user log audits.

PLACE OF PERFORMANCE: James A. Haley Veterans Hospital, 13000 Bruce B. Downs Blvd, Building 42, Room 117, Tampa, FL 33612.

DELIVERY SCHEDULE: All items to be delivered and installed within 30 days of purchase order processing and order placement. FOB destination pricing.

WARRANTY OF EQUIPMENT: Contractor must provide manufacturer(s) warranty on all equipment.

(B) PRICE/COST/SCHEDUEL

HPE ProLiant ML30 G10 4U Tower Server - 1 x Xeon E-2224 - 16 GB RAM HDD SSD - Serial ATA/600 Controller - 1 Processor Support - 64 GB RAM Support - 16 MB Graphic Card - Gigabit Ethernet - 8 x SFF Bay(s) - Hot Swappable Bays - 1 x 500 W, QTY 1 The HPE ProLiant ML30 Gen10 Server is a powerful tower server designed for small offices, remote and branch offices to run on-premises and hybrid cloud solutions, delivering enterprise-class performance, security, reliability, and expandability.

(HPE 1 TB Hard Drive - 2.5" Internal - SATA (SATA/600) - 7200rpm – 1 Year Warranty, QTY 2 HPE 500W Flex Slot Platinum Hot Plug Low Halogen Power Supply Kit -230 V AC, 380 V DC HPE ML30 Gen10 4U RPS Enablement Kit

Contract Period: Base POP Begin: 05-21-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): ProLiantML30 G10 4U

[Server OS Licensing] Microsoft Windows Server 2019 Standard - License - 16 Core - Microsoft Qualified, Volume, Local Government - Microsoft Open License for Government - English – PC, Contract Period: Base POP Begin: 05-21-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): Server OS Licensing

Microsoft Windows Server 2019- License-1 device CAL- Local Government Volume-Microsoft Open License for Government -English PC Contract Period: Base POP Begin: 05-21-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): 1 Device CAL

Datto Siris-1 TB Flash (500 GB Base Image Maximum): Intel Xeon D 2123IT: 32 GB RAM: 3x500 GB (Raid 5): 240 GB SSD OS Drive

POP Begin: 05-21-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): Datto Siris 4 Busine

Datto Siris 4 Business - 1 TB- No Cloud Storage (Billed Monthly)

POP Begin: 05-21-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): Datto Siris 4 Busine

WatchGuard Firebox T20 Network Security/Firewall Appliance - 5 Port- 1000Base - T- Gigabit Ethernet - 5 x RJ-45 - 3 year Standard Support (WW) Tabletop PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): WatchGuard

WatchGuard Firebox T20 Network Security/Firewall Appliance - 5 Port - 1000 Base -T - Gigabit Ethernet - 5 x RJ-45 - 3 Year Total Security Suite (WWW) - Tabletop

POP Begin: 05-21-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): WatchGuard

Rack Shelf- For Firewall - 2U Rack Height x 19" Rack Width - Rack-Mountable - Red

POP Begin: 05-21-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): Rack Shelf

Gigbit Ethernet Copper to Fiber Media Converter - SM LC - 20 km- Ethernet Media Converter - GbE Converter - 1 x Network (RJ-45) - 1 x LC Ports - DuplexLC Port - Single mode-Gigabit Ethernet - 1000Base-T 1000Base LX - Rack Mountable, Standalone - TAA Compliant

POP Begin: 05-21-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): Gigabit Ethernet Cop

Ruckus ICX 7150-C12P-Switch-Layer 3 - managed-12 x 10/100/1000 (PoE+) + 2 x 10/100/1000 (uplink) + 2 x Gigabit - desktop - PoE+ (124 W)

POP Begin: 05-21-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): Switch - Layer 3

Ruckus Wireless ICX 7150-C12P Rack Mount

POP Begin: 05-21-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): Rack Mount

Ruckus - SFP (mini-GBIC) transceiver module - GigE - 1000 Base-SX/LC multi-mode - TAA Compliant PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): Ruckus - SFP (mini-G

Trend-Micro Worry-Free Business Security Standard - License + 1 Year Maintenance - 1 user - academic, volume, local, state, non-profit - 2-25 licenses - Win

POP Begin: 05-21-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): [Anti-virus Software

For Server - APC by Scneider Electric Smart - UPS /SMC1500C 1500VA Desktop UPS - Desktop - 3 hour Recharge - 7.80 Minute Stand-by - 120 V AC Input - 120 V AC, 110 V AC, 127 V AC Output - 8 x NEMA 5-15R

POP Begin: 05-21-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): APC by Scneider Ele

For Firewall and Switch) APC by Schneider Electric Smart UPS C 1000VA LCD 120V with SmartConnect - External - 3 hour Recharge-0.20 Minutes Stand-by - 120 V AC Input, 120 V AC Output - 8 x NEMA 5-15R

POP Begin: 05-20-2021 POP End: 08-21-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): Smart-UPS C 1000VA

StarTech Wallmount Server Rack with Dual Fans and Lock- Vertical Mounting Rack for Server - 4U

POP Begin: 05-20-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): StarTech Wallmount

Leviton 24 Port Voice Grade Network Patch Panel - 24 x RJ-45 - 24 Port(s) 24 x RJ-45 - 24 x RJ-11 - 19" Wide - Rack Mountable

POP Begin: 05-20-2021 POP End: 08-21-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): Leviton 24 Port

StarTech 3m Fiber Optic Cable- Multimode Duplex 62.5/125 - LSZH - LC/LC -OM1 - LC to LC Fiber Patch Cable - LC Male Network - LC Male Nework -3m-Orange

POP Begin: 05-20-2021 POP End: 08-21-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): StarTech 3m

Cat5e Patch Cable 3'- Black

POP Begin: 05-20-2021 POP End: 08-20-2021 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software) MANUFACTURER PART NUMBER (MPN): Cat5e Patch Cable 3

Installation of Listed Equipment and Configuration as Per FDLE Specifications

(A) Applicable FAR AND VAAR Clauses and Provisions

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

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

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

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

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

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

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

(End of Clause)

VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

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

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

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

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

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

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

[] (v) Alternate IV (JUN 2020) of 52.219–9.

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

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

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

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

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[X] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

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

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

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

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

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

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

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

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

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

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

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

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

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

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

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

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

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

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

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

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

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

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

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

36C24821Q1022 (End of Clause)

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SECTION E - SOLICITATION PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may…