36C25619Q0079-000.docx

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 J Full maintenance support and service for Alcon Laboratories Centurion Vision Systems Overton Brooks VA Medical Center Shreveport, LA 71101 70112 36C25619Q0079 11-06-2018 N 811219 Department of Veterans Affairs Southeast Louisiana Veterans HCS Network Contracting Office (NCO) 1515 Poydras Street STE 1100 New Orleans LA 70112 Department of Veterans Affairs Southeast Louisiana Veterans HCS Network Contracting Office (NCO) 16 ATTN: C. Robert Oravetz 1515 Poydras Street., STE 1100 New Orleans, LA 70112 Department of Veterans Affairs Overton Brooks VA Medical Center ATTN: Clinical Engineering 510 E Stoner Avenue Shreveport, LA 71101-4243 71101 United States christopher.oravetz@va.gov christopher.oravetz@va.gov This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in Federal Acquisition Regulation (FAR 12.6) as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

Solicitation number 36C25619Q0079 is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96.

Alcon Laboratories Centurion Vision Systems are considered critical surgical equipment at the Overton Brooks VA Medical Center, 510 E Stoner Avenue, Shreveport, LA 71101-4243. The purpose of this requirement is to initiate a new service agreement/contract for the Alcon Laboratories Centurion Vision Systems that are currently being used in the facility. A new service agreement is needed for maintenance services on this equipment to ensure the equipment is safe and is operating according to the manufacturer’s specifications.

All work shall be completed in accordance with the Statement of Work entitled, “Alcon Laboratories Centurion Vision System.” The Statement of Work within this solicitation is a non-negotiable document. Offers/quotes shall not include edits, revisions, additions, deletions, alterations, or track change comments to the Statement of Work.

The associated North American Industry Classification (NAICS Code) for this requirement is 811219 – Other Electronic and Precision Equipment Repair and Maintenance.

This solicitation is unrestricted and is open to all contractors in all socioeconomic categories.

Offerors shall refer to FAR 52.212-1 (Instruction to Offerors) contained within this solicitation. FAR 52.212-1 (Instruction to Offerors) provides specific guidance/instructions for how offers are to be prepared and submitted in response to this solicitation. (The Contracting Officer will review all offers received and will determine if each offeror followed all of the offer preparation/submission instructions in this solicitation. Offerors who do not follow the offer submission instructions and/or an offeror's failure to address the technical factors (as listed in Volume 1- Technical Volume) shall be considered to be indicative of the Offeror's lack of understanding of the Government's requirement to include the offeror being considered to be unresponsive to the requirements in the solicitation. Unresponsive offers shall not be considered for contract award.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

B.1 PRICE/COST SCHEDULE & ITEM INFORMATION EA=Each

1. Centurion Vision System Serial Number: 1701637401X

The Service Plan consists of the following deliverables (which are included in the total price of the service plan). Please refer to Statement of Work, Section 4).

1). DELIVERABLE #1: SCHEDULED MAINTENANCE SERVICES

2). DELIVERABLE #2: UNSCHEDULED MAINTENANCE SERVICES

3). DELIVERABLE #3: PARTS

4). DELIVERABLE #4: OEM SOFTWARE UPDATES

5). DELIVERABLE #5: MANDATORY SAFETY CORRECTIONS

6). DELIVERABLE #6: RESPONSE TIME

7). DELIVERABLE #7: MOBILE MEDIA SCANNING

8). DELIVERABLE #8: REPORTS/DOCUMENTATION

Base year is twelve (12) months. Performance period begins immediately after finalization of contract award.

2. Centurion Vision System Serial Number: 1701617201X

The Service Plan consists of the following deliverables (which are included in the total price of the service plan). Please refer to Statement of Work, Section 4).

1). DELIVERABLE #1: SCHEDULED MAINTENANCE SERVICES

2). DELIVERABLE #2: UNSCHEDULED MAINTENANCE SERVICES

3). DELIVERABLE #3: PARTS

4). DELIVERABLE #4: OEM SOFTWARE UPDATES

5). DELIVERABLE #5: MANDATORY SAFETY CORRECTIONS

6). DELIVERABLE #6: RESPONSE TIME

7). DELIVERABLE #7: MOBILE MEDIA SCANNING

8). DELIVERABLE #8: REPORTS/DOCUMENTATION

Base year is twelve (12) months. Performance period begins immediately after finalization of contract award.

1. Centurion Vision System Serial Number: 1701637401X

The Service Plan consists of the following deliverables (which are included in the total price of the service plan). Please refer to Statement of Work, Section 4).

1). DELIVERABLE #1: SCHEDULED MAINTENANCE SERVICES

2). DELIVERABLE #2: UNSCHEDULED MAINTENANCE SERVICES

3). DELIVERABLE #3: PARTS

4). DELIVERABLE #4: OEM SOFTWARE UPDATES

5). DELIVERABLE #5: MANDATORY SAFETY CORRECTIONS

6). DELIVERABLE #6: RESPONSE TIME

7). DELIVERABLE #7: MOBILE MEDIA SCANNING

8). DELIVERABLE #8: REPORTS/DOCUMENTATION

Option year one (1) is twelve (12) months. Option year one (1) begins immediately following the performance period of the base year.

2. Centurion Vision System Serial Number: 1701617201X The Service Plan consists of the following deliverables (which are included in the total price of the service plan). Please refer to Statement of Work, Section 4).

1). DELIVERABLE #1: SCHEDULED MAINTENANCE SERVICES

2). DELIVERABLE #2: UNSCHEDULED MAINTENANCE SERVICES

3). DELIVERABLE #3: PARTS

4). DELIVERABLE #4: OEM SOFTWARE UPDATES

5). DELIVERABLE #5: MANDATORY SAFETY CORRECTIONS

6). DELIVERABLE #6: RESPONSE TIME

7). DELIVERABLE #7: MOBILE MEDIA SCANNING

8). DELIVERABLE #8: REPORTS/DOCUMENTATION

Option year one (1) is twelve (12) months. Option year one (1) begins immediately following the performance period of the base year.

1. Centurion Vision System Serial Number: 1701637401X

The Service Plan consists of the following deliverables (which are included in the total price of the service plan). Please refer to Statement of Work, Section 4).

1). DELIVERABLE #1: SCHEDULED MAINTENANCE SERVICES

2). DELIVERABLE #2: UNSCHEDULED MAINTENANCE SERVICES

3). DELIVERABLE #3: PARTS

4). DELIVERABLE #4: OEM SOFTWARE UPDATES

5). DELIVERABLE #5: MANDATORY SAFETY CORRECTIONS

6). DELIVERABLE #6: RESPONSE TIME

7). DELIVERABLE #7: MOBILE MEDIA SCANNING

8). DELIVERABLE #8: REPORTS/DOCUMENTATION

Option year two (2) is (12) months. Option year two (2) begins immediately following the performance period of option year one (1).

2. Centurion Vision System Serial Number: 1701617201X

The Service Plan consists of the following deliverables (which are included in the total price of the service plan). Please refer to Statement of Work, Section 4).

1). DELIVERABLE #1: SCHEDULED MAINTENANCE SERVICES

2). DELIVERABLE #2: UNSCHEDULED MAINTENANCE SERVICES

3). DELIVERABLE #3: PARTS

4). DELIVERABLE #4: OEM SOFTWARE UPDATES

5). DELIVERABLE #5: MANDATORY SAFETY CORRECTIONS

6). DELIVERABLE #6: RESPONSE TIME

7). DELIVERABLE #7: MOBILE MEDIA SCANNING

8). DELIVERABLE #8: REPORTS/DOCUMENTATION

Option year (2) is twelve (12) months. Option year two (2) begins immediately following the performance period of option year one (1).

1. Centurion Vision System Serial Number: 1701637401X

The Service Plan consists of the following deliverables (which are included in the total price of the service plan). Please refer to Statement of Work, Section 4).

1). DELIVERABLE #1: SCHEDULED MAINTENANCE SERVICES

2). DELIVERABLE #2: UNSCHEDULED MAINTENANCE SERVICES

3). DELIVERABLE #3: PARTS

4). DELIVERABLE #4: OEM SOFTWARE UPDATES

5). DELIVERABLE #5: MANDATORY SAFETY CORRECTIONS

6). DELIVERABLE #6: RESPONSE TIME

7). DELIVERABLE #7: MOBILE MEDIA SCANNING

Option year three (3) is (12) months. Option year three (3) begins immediately following the performance period of option year two (2).

2. Centurion Vision System Serial Number: 1701617201X

The Service Plan consists of the following deliverables (which are included in the total price of the service plan). Please refer to Statement of Work, Section 4).

1). DELIVERABLE #1: SCHEDULED MAINTENANCE SERVICES

2). DELIVERABLE #2: UNSCHEDULED MAINTENANCE SERVICES

3). DELIVERABLE #3: PARTS

4). DELIVERABLE #4: OEM SOFTWARE UPDATES

5). DELIVERABLE #5: MANDATORY SAFETY CORRECTIONS

6). DELIVERABLE #6: RESPONSE TIME

7). DELIVERABLE #7: MOBILE MEDIA SCANNING

Option year three (3) is twelve (12) months. Option year three (3) begins immediately following the performance period of option year two (2).

1. Centurion Vision System Serial Number: 1701637401X

The Service Plan consists of the following deliverables (which are included in the total price of the service plan). Please refer to Statement of Work, Section 4).

1). DELIVERABLE #1: SCHEDULED MAINTENANCE SERVICES

2). DELIVERABLE #2: UNSCHEDULED MAINTENANCE SERVICES

3). DELIVERABLE #3: PARTS

4). DELIVERABLE #4: OEM SOFTWARE UPDATES

5). DELIVERABLE #5: MANDATORY SAFETY CORRECTIONS

6). DELIVERABLE #6: RESPONSE TIME

7). DELIVERABLE #7: MOBILE MEDIA SCANNING

Option year four (4) is (12) months. Option year four (4) begins immediately following the performance period of option year three (3).

2. Centurion Vision System Serial Number: 1701617201X

The Service Plan consists of the following deliverables (which are included in the total price of the service plan). Please refer to Statement of Work, Section 4).

1). DELIVERABLE #1: SCHEDULED MAINTENANCE SERVICES

2). DELIVERABLE #2: UNSCHEDULED MAINTENANCE SERVICES

3). DELIVERABLE #3: PARTS

4). DELIVERABLE #4: OEM SOFTWARE UPDATES

5). DELIVERABLE #5: MANDATORY SAFETY CORRECTIONS

6). DELIVERABLE #6: RESPONSE TIME

7). DELIVERABLE #7: MOBILE MEDIA SCANNING

Option year four (4) is twelve (12) months. Option year four (4) begins immediately following the performance period of option year three (3).

B.3 STATEMENT OF WORK

Statement of Work ALCON Laboratories Centurion Vision System Overton Brooks VA Medical Center Shreveport, LA

Table 1 (Equipment to be maintained)

3.2 Required Services for the equipment include (but are not limited to) the following tasks/items (listed below). Required services on the equipment shall also include the Deliverables as annotated in Section 4 of this Statement of Work.

1. Scheduled Maintenance Services: The minimum number of Preventive Maintenance (PM) visits shall be completed per year (every 12 months) per OEM guidance.

2. Unscheduled Maintenance Services: Unlimited onsite service between 8:00AM and 4:30PM, Monday thru Friday

3. Remote Support: 24x7 telephone support

4. OEM Materials, Parts & Tool Kits that are required for maintenance

5. OEM Software Updates for the equipment

6. Authorized/Certified/Trained personnel to perform maintenance services

7. Required Travel that is needed for expected/required maintenance services that are to be performed during the performance period

8. Mandatory Safety Corrections needed on the equipment

4. DELIVERABLES

4.1. Contractor shall furnish all parts, maintenance kits, consumable and expendable items, and supplies necessary to perform scheduled and unscheduled maintenance on the equipment. All materials and services provided shall be according to the OEM specifications and guidelines. During scheduled service intervals, all parts including new batteries and accessories shall be replaced at no additional cost.

4.2 “Punch List” of Required Deliverables (see below):

DELIVERABLE #1:

SCHEDULED MAINTENANCE SERVICES:

Contractor shall perform the OEM’s Scheduled Periodic Manufacturer’s Certification, electrical safety checks, and software updates on the equipment. Scheduled travel is included as part of the service contract. The scheduled services performed shall be based on OEM recommended intervals. The OEM recommended intervals for Centurion Vision Systems is 1 PM visit per year.

If the OEM recommended intervals change, the Contractor must notify the Clinical Engineering Department and the Contracting Officer’s Representative (COR) immediately. Should the OEM recommended interval frequency increase, the Contractor shall perform the additional scheduled maintenance at no cost to the government during the performance period of the contract. The Contractor’s technical service representative shall contact Clinical Engineering and the COR at least three (3) weeks prior to the recommended scheduled maintenance date to plan/coordinate the required work that is to be performed. All services shall be performed during normal business hours unless an alternate work schedule has been approved by Clinical Engineering and/or the COR. (Normal business hours are from 8:00 a.m. to 4:30 p.m. Monday thru Friday with all federal holidays excluded).

DELIVERABLE #2:

UNSCHEDULED MAINTENANCE SERVICES:

Contractor shall perform all unscheduled services, including emergencies when needed. This includes on-site visits during normal business hours and repair, labor and travel costs relating to the services to be performed. In cases when technical support is required over the phone, the contractor shall provide 24/7 technical support to the government at no additional cost. All site visits must be scheduled, coordinated, and approved by Clinical Engineering and/or the COR before such site visits take place.

DELIVERABLE #3:

PARTS:

Only new, standard parts shall be furnished by the contractor. All parts shall meet current manufacturer standards and have versatility with presently installed equipment. All replacement parts become the property of the Government once installed by the contractor. Replacement parts are to be disposed of by the Contractor after obtaining approval from the Contracting Officer’s Representative.

DELIVERABLE #4:

OEM SOFTWARE UPDATES:

All software updates shall be installed by the contractor to current OEM specifications during the performance period of the contract at no additional cost to the government. Before installation/configuration, applicable software must be validated by the Clinical Engineering Department (or other appropriate departments/individuals) to ensure that such software conforms to the agency’s architecture and accessibility standards. Installation processes must comply with security, privacy, and safety requirements per VA standards, policies, and directives set forth. OEM software updates must meet all requirements of VA Handbook 6500 and Directive 6550. Before initiating OEM updates the contractor shall coordinate with one or more of the following parties if necessary: Clinical Engineering Department, COR, Information Security Officer (ISO).

DELIVERABLE #5:

MANDATORY SAFETY CORRECTIONS:

Safety corrections on the equipment as required by OEM or FDA regulations is covered within the scope of this requirement (contract).

DELIVERABLE #6

RESPONSE TIME:

Response time for scheduled preventive maintenance (PM) service is during the month when the PM services are due. In cooperation with the Clinical Engineering Department, the Contractor shall strictly follow the PM due dates and required schedule for services and shall notify Clinical Engineering in advance for what services are to be performed on the equipment. Exceptions or changes to the PM schedule is allowable only if approved by the COR.

DELIVERABLE #7

MOBILE MEDIA SCANNING:

The Contractor will identify if removable media (i.e. USB or DVD/CD Device) is required to perform the tasks/deliverables during the performance period of the contract. The COR (or other authorized representative/designee) will ensure that the removable media (to be used) is scanned with anti-virus software (to include running current virus definitions) prior to connection to any medical device system located in the facility. The computer system for scanning removable media will be designated by the COR.

DELIVERABLE #8

REPORTS/DOCUMENTATION:

For any services performed on site, upon arrival at the Medical Center, the technical service representative shall check in with the Clinical Engineering Department before performing any warranty related services, repairs and/or other maintenance services. This check-in is mandatory. A legible, signed service report shall be provided directly to Clinical Engineering Department following completion of each service call/visit and shall include equipment identification (i.e. serial number), date and time of service call, list of parts replaced, results of inspections and/or calibrations, and a description of the work accomplished. Service reports shall be provided within five days after completion of the work performed.

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

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

(End of Clause)

C.4 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)

C.5 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

(a) Definitions. "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)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.7 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(End of Clause)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(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, email, 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)

C.9 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

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 Louisiana. 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) (End of Addendum to 52.212-4) C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

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

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

(4) 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 (Sept 2006), 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 (OCT 2015) (41 U.S.C. 3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

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

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

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (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 (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (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 (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (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 (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (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).

[] (34) 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.)

[] (35)(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.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(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.

[] (39)(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.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(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] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 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 I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 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).

[] (50) 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).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(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.

(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) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 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).

[X] (6) 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).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(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, 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 (OCT 2015) (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) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (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).

(xiii) 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).

(xiv) 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).

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

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

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

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

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

(xix) 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).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 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.

(End of Clause)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

36C25618Q9664 S02_Attachment_B_Questions Request Form.

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

INSTRUCTIONS TO…