36C25621Q0457-Combine Solicitation-Thermal Energy Storage Tank Internal Piping Repair 02-18-21.pdf

36C25621Q0457

Request for Quote: 36C25621Q0457

1.This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement will be evaluated under the lowest price technically acceptable evaluation methodology.

2. The combined synopsis/solicitation number is 36C25621Q0457.

3. Solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2021-04 (eff. 01/19/21), VAAR Update 2008-27 (eff.

12/23/20)

4. This requirement is a total service-disabled veteran owned small business set-aside. The

North American Industry Classification System number is 811310 with a size standard of $8M

5. Place of Performance: Micheal E. DeBakey Veterans Affairs Medical Center, 2002 Holcombe

Blvd, Houston, Texas 77030-4298

6. Period of Performance: The period of performance shall be 30 calendars days after award.

9. All questions regarding this solicitation shall be submitted via email to Contracting Officer, Anthony Marion at anthony.marion2@va.gov no later than 11:00A.M. Central Standard Time on

February 22. 2021.

10. Quotes are due no later than February 26. 2021 at 11:00A.M. Central Standard Time and shall be submitted electronically via e-mail to the Contracting Officer, Anthony Marion at anthony.marion2@va.gov

SECTION A

A.1 APPLICABLE Provisions and Clauses

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under

52.252-2 (see below), starting first with FAR and followed by VAAR.

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs

Network Contracting Office 16

Michael E. DeBakey VA Medical Center

2002 Holcombe BLVD

Houston TX 77030 4298

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon completion of services

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of

Payment Requests.

Department of Veterans Affairs

Financial Service Center

PO Box 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

The contractor shall provide all labor, equipment, tools, supervision, transportation, services and administration for repairs to the Thermal Energy Storage tank in accordance with the PWS at the Michael E. DeBakey VA Medical Center in Houston, Texas.

Period of Performance: All work shall be completed within 30 calendar days from the effective date of award.

Contract Period: Base

POP Begin: 03-08-2021

POP End: 04-07-2021

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT (PWS)

Performance Work Statement

Thermal Energy Storage Tank Internal Piping Repair

1.1 Overview

The Michael E. DeBakey VA Medical Center (MEDVAMC) in Houston, Texas is operating and maintaining its own thermal energy storage (TES) tank. The TES tank outside Building 104 is currently partially operable. This TES tank is located outside Building 104 at the Michael E

DeBakey VA Medical Center MEDVAMC in Houston, Texas. A dive team will be required to complete these underwater repairs. The Contractor shall provide all labor, equipment, tools, supervision, transportation, administration, and fabrication services for emergency repairs to the

TES tank. The TES tank will be full of water during the repair operations. The tank can be lowered (NOT EMPTIED) if necessary, to accommodate the dive team conducting the repairs. A breakdown of the areas where the known pipe breaks are located is included as part of the bid package.

1.2 Background

A. The purpose of this Performance Work Statement (PWS) is to repair broken schedule 80 PVC piping and provide a detailed report of all work performed. The repairs required were determined through a diagnosis from an industrial dive team’s investigation. The requirement outlined in section 2 is required for the TES Tank to be fully operable. Once the specific work described is completed the contractor will provide a detailed written report of all work that was completed.

1.The Contractor shall remove the tank from service in order to perform the work under this Contract.

2.After being restored to service, the Contractor shall verify the proper function of the tank and repairs.

3.The TES tank at the MEDVAMC is located outside of Building 104. It was constructed in 1996. The tank is a 5,000,000-gallon thermal energy storage tank used to store chilled water which is pumped back to the MEDVAMC buildings to provide cooling within the buildings. The tank is approximately 55 feet high and the water temperature is between

41 and 55 degrees Fahrenheit. There is currently no chemical treatment in the water.

1.3 Place of Performance

A. All work will be performed at the Michael E. DeBakey VA Medical Center at 2002

Holcombe Blvd, outside of Building 104 in Houston, Texas 77030-4298.

1.4 Period of Performance

A. The complete period of performance shall include repair of broken schedule 80 PVC piping and providing a detailed report with all applicable documentation.

B. All work shall be completed within 30 calendar days from the effective date of award.

1.5 Investigation of Site Conditions

A. Submission of a quote shall be conclusive evidence that the Contractor has reviewed, investigated, and acknowledged all items below.

1. Conditions bearing upon transportation, disposal, handling, and storage of materials.

2. The availability of labor, water, electric power, and roads.

3. Uncertainties of weather and similar physical conditions at the site.

4. The conformation and conditions of the grounds.

5. The character of equipment and facilities needed preliminary to and during work performance.

B. Submission of a quote shall be conclusive evidence that the Contractor has investigated and is satisfied as to the conditions to be encountered, the character, quality, and scope of work to be performed, and the quantities of materials to be furnished.

C. Submission of a quote constitutes agreement that Contractor has provided written notice of all conflicts, errors, ambiguities, and discrepancies discovered in PWS, that responses to these written notices are acceptable to Contractor, and that PWS is sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing required work.

D. Contractor has the sole responsibility to make such independent examination as they deem necessary in order to satisfy themselves as to the conditions to be encountered in the performance of work and the quantities required to complete the work in a accordance with the

PWS.

E. The Government assumes no responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this Contract, unless that understanding or representation is expressly stated in this

Contract.

F. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

1.6 Duty to Inquire

A. Contractor shall review the full PWS, attachments, etc. to determine the work required.

B. If during review of these items, the Contractor finds discrepancies, omissions, conflicts, defects, errors, or ambiguities, they have a duty to inquire. The Contractor shall also inquire about items that are unclear or open to interpretation.

C. The Contractor shall take no advantage of any item of which they have a duty to inquire.

1.7 Work Restrictions

A. The working hours of the facility are 8:00 am to 4:00 pm, Monday through Friday. The

Contractor, and any subcontractors shall only work onsite during these hours.

B. The Government hereby provides notice and Contractor hereby acknowledges receipt that

Government personnel observe the listed days as holidays:

New Year's Day January 1

Martin Luther King's Birthday Third Monday in January

President's Birthday Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas December 25

In addition to the days designated as holidays, the Government observes the following days: Any other day designated by Federal Statute

Any other day designated by Executive Order

Any other day designated by the President’s Proclamation

C. Smoking is prohibited in the MEDVAMC. Workmen are subject to rules of Medical Center applicable to their conduct. The Contractor shall execute work so as to interfere as little as possible with normal functioning of MEDVAMC operations as a whole. The Contractor shall confine all operations on Government premises to areas authorized or approved by the

Contracting Officer or his/her representative.

1.8 Information Provided by the VA

A. The VA shall provide the following project documents to the Contractor:

1. Drawings with Specifications

B. The Contractor is responsible for printing copies of items provided in electronic format for their own use.

C. Any hardcopy documents provided to the Contractor are the property of Veterans Affairs

(VA) and shall be returned upon completion of this project.

SECTION 2 REQUIREMENTS

2.1 Tank Measurements

A. The tank and internal piping shall be measured in accordance with _AWWA__.

B. The dive team will have to take appropriate measurements so that repair piping including all flanges, elbows, couplings and gaskets can be glued and or bolted together outside of the tank.

Flexible flanges will be acceptable.

1. The COR shall verify all measurements prior to the start of the repair. The Contractor shall confirm measurements to the COR by picture or measuring devices.

2.2 Pipe Installation

A. The contractor shall provide all materials and labor for the complete pipe repair. The

Contractor shall glue the Polyvinyl Choride (PVC) pieces together in accordance with the attached drawings and specifications. This will also include the installation of a new pipe support as indicated in the attached drawings and specifications. Measurements and materials for the new pipe support shall be provided by the dive team if the existing pipe support cannot be recovered from inside of the tank.

B. The Contractor shall supply a crane to hoist the repair parts to the top of the tank. The

Contractor shall then have the dive team lower the repair parts to the bottom of the tank in conjunction with the crane operation team and set the repair piping in place and bolt it to the existing flanges from which the previous piping broke loose. The new pipe support shall be set in place before the repair piping is bolted to the existing flanges.

C. The specific areas of repair, type of repair, and the materials used shall be documented in a report to the COR.

2.5 Report

A. The report shall include the following information:

1. Full write up of measurements, repairs, material, equipment, and work performed.

B. The Contractor shall provide the report by the 30th day from the effective date of contract award.

C. The Contractor shall provide a complete report of all work completed.

2.6 Final Inspection

A. Once system is fully operational and all repairs are complete, the tank shall be inspected by the COR to ensure the repairs were completed properly and the tank is functioning as required.

This may require the contractor to send a diver into the tank with a video feed and recording of the repairs that were facilitated under this contract.

2.7 Clean-Up and Disposal of Waste Materials

A. The Contractor shall be responsible for the cleanup and disposal of waste materials and rubbish from the site and staging area.

B. The disposal of waste materials and rubbish shall be in accordance with applicable federal, state, and local laws and regulations and with the requirements in these contract documents.

Should a conflict exist in the requirements for cleanup and disposal of waste materials, the most stringent requirements shall apply. The Contractor shall ensure no debris, materials, or waste is left inside the tank from the repair.

1. All waste unless otherwise noted in these specifications shall be disposed of at a licensed landfill or waste disposal facility.

2. Recyclables

a. The Contractor shall dispose of recyclable and reusable products through waste disposal only as a last option.

b. Scrap metal shall be donated or sold to scrap dealers or recycle centers whenever possible.

C. The Contractor shall maintain work and storage areas free from accumulations of waste materials and rubbish and before completing the work, shall remove all unused materials which are not a part of the permanent work.

2.8 Warranty

A. The Contractor shall warrant that work performed under this PWS conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the

Contractor or any subcontractor or supplier at any tier for a period of at least one year for labor and materials on all repairs made.

B. Starting date of warranty is date of substantial completion.

C. A warranty requires that if a warranted item fails to meet Contract requirements, it shall be repaired, replaced, or have other remedial actions taken to bring the item into compliance with the contract requirements. Any item damaged due to failure or malfunction of item warranted under this Contract shall be repaired or replaced at no cost to the Government.

D. The Contractor shall supply the CO with a telephone number, mailing address, email address, and contact name for the point of contact for any required warranty work.

2.9 Experience Requirements

A. The Contractor shall demonstrate 10 years of experience performing work similar to this requirement which is performing underwater industrial and commercial repairs. The Contractor must have completed three similar requirements as the prime Contractor within the past five years. The Contractor must provide the name of the project, location, dollar value, description of the work performed, date, whether they were the prime or subcontractor, and a point of contact they performed the work for. The Contractor must include the point of contact’s name, title, phone number, and email address.

SECTION 3 GOVERNMENT FURNISHED UTILITIES

A. The Government will furnish water, electricity and sewer for this project.

SECTION 4 QUALITY REQUIREMENTS

A. QUALITY

1. The Contractor shall use only materials that meet the Contract requirements.

2. Unless otherwise specified or compliance confirmed, the Contractor shall use new materials for the work. Material can be reused onsite upon approval of COR.

3. All materials installed shall be free of defects. All materials shall be new.

4. The Contractor shall secure the Government’s compliance confirmation of the proposed source of materials to be used before their delivery.

B. Quality Control / Quality Assurance of Materials

1. Field Measurements

Verify field measurements, lines, grades, locations, and details at the jobsite prior to fabrication.

It shall be the Contractor's responsibility to conform to and satisfy actual field conditions, for accuracy of dimensions, proper fit, and for adequacy of use intended.

2. Materials not meeting Contract requirements will be rejected, unless the Government approves corrective actions. Upon rejection, the Contractor shall immediately remove and replace rejected materials.

3.The Contractor shall not use material that, after compliance confirmed, becomes unfit for use.

The Contractor shall replace material that becomes damaged during installation or testing.

4.Government inspections are for the sole benefit of the Government and do not:

a. Relieve the Contractor of responsibility for providing adequate quality control measures.

b. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance.

c. Constitute or imply acceptance.

5. The presence or absence of a Government inspector does not relieve the Contractor from any

Contract requirements.

C. Hazardous Materials

The Contractor shall use materials that are free of hazardous materials. The Contractor shall notify the Government immediately when a visual observation or odor indicates that materials in required material sources or on sites owned or controlled by the Government may contain hazardous materials.

SECTION 5 DELIVERABLES

A. Deliverables include, but are not limited to:

1. Measurements and other supporting documentation

2. Repair documentation

3. Safety documents

4. Warranty

SECTION 6 DOCUMENT REQUIREMENTS

6.1 Project Related Correspondence

A. All project related correspondence shall include the Contract number in the subject line.

6.2 Communication Methods-Delivery of Documents

A. The VA will perform most document transfer communications via email.

SECTION 7 PROJECT COORDINATION & ADMINISTRATION

A. The Contractor shall provide all materials, equipment, labor, and services required by this

PWS to perform the work for the contract and within the contract time.

B. The Contractor shall be responsible for ensuring that all of its suppliers, manufactures and subcontractors have reviewed all applicable documents relative to their work. The Contractor shall provide all labor, material, equipment, and services not provided by the Contractor’s suppliers, manufacturers, and/or subcontractors.

7.2 Security

The Contractor is responsible for securing the work site, equipment, and materials from vandalism and theft. Contractor’s employees may be subject to inspection of their personal effects when entering or leaving the MEDVAMC site.

7.3 Safety

A. The Contractor shall provide a copy of their company's safety program to the COR. Upon review of the safety program documentation, additional safety documentation may be requested.

B. The Contractor is solely responsible for worksite safety while performing work on

Government property. The Contractor shall implement a safety program that protects the lives and health of personnel in the project area, prevents damage to property, and avoids work interruptions.

C. The Contractor is responsible for being cognizant of and ensuring compliance with the requirements set forth. Such responsibility shall apply to both the Contractor’s operations and those of the Contractor’s subcontractors.

D. The Contractor shall provide appropriate warning signage, safety barricades, and any other required safety measures as required.

E. The Contractor shall comply with all provisions of all applicable regulations of the

Occupational Safety and Health Administration (OSHA), 29 CFR 1910, Occupational Safety and

Health Standards.

1. The OSHA 29 CFR 1910 can be accessed at http://www.osha.gov.

F. The Contractor’s personnel shall be required to use appropriate personal protective equipment.

G. The Contractor shall perform daily housekeeping, the work area shall be clear of any coatings or debris removed from the structures. The Government will not provide trash dumpsters.

7.4 Insurance

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employer’s liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least

$100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and

$20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

SECTION 8 KICKOFF MEETING

8.1 Kickoff Meeting

A. After award of the Contract, the COR will coordinate with the Contractor to schedule a

Kickoff Meeting. The meeting shall take place prior to the beginning of any Contract work.

B. The purpose of the meeting is to introduce project personnel and to review responsibilities and procedures.

SECTION 9 REGULATORY REQUIREMENTS

9.1 Contractor's Responsibility

A. It is the Contractor’s responsibility to perform work in compliance with all applicable requirements of federal, state, and local laws, codes, rules, regulations, ordinances, and standards, including, but not limited to, those outlined in 10.4 below.

B. It shall be the responsibility of the Contractor to acquire copies of all applicable codes, regulations, and standards for ready reference.

C. In instances where requirements are in conflict, the stricter standard shall apply.

D. Any and all inspections, observations, or tests required for code compliance are the responsibility of the Contractor.

9.2 Permits

A. Prior to the beginning of work, the Contractor shall be responsible for researching, coordinating, obtaining, and paying all applicable fees for all permits required by Federal, state, and local entities. The Government is not responsible for any existing or newly introduced permits required before, during and/or after work on of this project.

B. The Contractor shall be responsible for and shall give and maintain any and all notices required by applicable regulations, laws, or permitting authorities pertaining to work on of this project.

9.3 Summary of Regulatory Documents and Agencies

Regulatory requirements applicable to this project are listed below.

A. American Society of Mechanical Engineers (ASME)

B. American Water Works Association (AWWA)

1. C500-09, Metal-Seated Gate Valves for Water Supply Service

2. M42, Steel Water-Storage Tanks, revised 2013

C. International Code Council (ICC)

1. International Plumbing Code (IPC), 2015

D. National Fire Protection Association (NFPA)

E. Occupational Safety and Health Administration (OSHA)

1. Occupational Safety and Health Standards (29 CFR 1910)

a. https://www.osha.gov/law-regs.html

F. State of Texas

1. Texas Engineering Practice Act and Rules Concerning the Practice of Engineering and

Professional Engineering Licensure

a. http://www.tbpe.state.tx.us/downloads/law&rules.pdf

SECTION 10 INVOICES

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, Vendor Electronic Invoice Submission Methods. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

• VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungstennetwork.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

• A system that conforms to the X12 electronic data interchange (EDI) formats established by the

Accredited Standards Center (ASC) chartered by the American National Standards Institute

(ANSI). The X12 EDI Web site (http://www.x12.org).

SECTION 11 PERFORMANCE STANDARDS

11.1 Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

11.2 The Performance Parameter Chart below includes performance standards. The

Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Required Services Performance

Standard

(PS)

Performance Threshold Surveillance

Method

Method of Assessment

Contractor adheres to approved work schedule

Contractor maintains work schedule

100% Observation Ensure all work is completed within the time period defined as above

Required Services Performance

Standard

(PS)

Performance Threshold Surveillance

Method

Method of Assessment

Contractor measures and installs pipes

Contractor measures accurately and performs timely

100% accurate Random

Inspections

The COR will randomly inspect Contractor’s work throughout performance

Start Up of system once repair is completed

Tank is fully operational

100% operable Observation Review data from BMS after starting up to ensure tanks charges as designed.

Provide a Report of all work completed and any noted deficiencies

Report is provided on time and complete

100% accurate and provided on time

Review of the Report and

Observation

Review the report and ensure all items observed during startup are included.

END OF THE PWS

SECTION C - CONTRACT CLAUSES

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.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

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

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

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

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.3 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards per PWS Section 9.3 Summary of Regulatory

Documents and Agencies.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: American Water Works

Association (AWWA)

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Provision)

C.4 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.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[X] 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.

[x] 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.

[] 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)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned

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)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2020)

(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.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

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

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (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))

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020)

(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.

[X] (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.

[X] (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).

[X] (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.

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

8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

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

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

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

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

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

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

[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(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.

[] (50) 52.225–5, Trade Agreements (OCT 2019) (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).

[X] (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:

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

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY

2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

[X] (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).

(…