36C25622Q0669.docx

36C25622Q0669

GENERAL INFORMATION

Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist James W. Craig james.craig1@va.gov

PLACE OF PERFORMANCE

2002 Holcombe Blvd

Houston, Texas 77030

POSTAL CODE

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

EMAIL DESCRIPTION

DESCRIPTION

Combined Synopsis/Solicitation Notice

This is an RFQ. Please adhere and respond to the requirements, terms and conditions listed in the attached RFQ.

Combined Synopsis/Solicitation Notice

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9.

ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATE S BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT

ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ____________________

____________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET

FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE

OR PRINT)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

580-22-2-5167-0131 36C25622Q0669 04-19-2022 James W. Craig 713-791-1414 x20807 04-25-2022

10:00 AM

CDT

Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643 X X 333318 1000 Employees N/A X Department of Veterans Affairs Michael E. DeBakey VA Medical Center Receiving Warehouse Building 100 2002 Holcombe BLVD Houston TX 77030-4298 Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

See CONTINUATION Page This is an RFQ, please review, respond and adhere to the requirements, terms and conditions listed herein, returning and completing this document to be considered.

See CONTINUATION Page X X X

1(ONE)

Kever Swafford Contracting Officer Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Name: ____________________________

b. GOVERNMENT: Contracting Officer 36C256 Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Other[X] UPON DELIVERY AND ACCEPTANCE BY THE GOVERNMENT

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

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

B.2 Statement Of Work

STATEMENT OF WORK

RIDER SWEEPER 4 CYLINDER LPG (Propane) POWERED 65-INCH (165 cm) to 77-INCH (195 cm) RIDER SWEEPER WITH WATER SPRAY DUAL SIDE BRUSH DUST CONTROL

GENERAL

The intent of this specification is to describe an engine powered rider machine capable of sweeping inside or outside areas for parking garages, surface lots, sidewalks and other similar applications. Machine must capture and transport swept debris and be capable of dumping debris at ground level or into a dumpster. Machine must incorporate a dust control system to prevent fugitive dust emissions and be capable of controlling dust across the entire sweeping path, including the side brooms.

SPECIFICATIONS/SALIENT CHARACTERISTICS

SYSTEM:

A direct throw mechanical broom sweep system is required for maximum performance.

CLEANING PATH:

A minimum cleaning path of 65 inches (165 cm) is required for single side broom configuration.

Sweeper must include the option of a second side broom that increases the sweeping path to 77 inches (195 cm). A minimum of 77% of the sweep path for a single side broom configuration or a minimum of 65% for a dual side broom configuration must be cleaned by the main broom system which cleans more aggressively than the side brooms.

MAIN BROOM:

Since the main broom provides the most aggressive cleaning for a sweeper, a minimum 50 inches (127 cm) wide main broom is required. The main broom must be able to be removed from the machine easily and without tools to minimize maintenance and downtime.

Main broom door must open 170 degrees to provide easy access to remove the broom.

A swing out arm must hold the main broom in place and easily swing out, but remain connected to the machine for access to the main broom – a separate retainer block system to hold the main broom in place, which can get separated from the machine, is not acceptable.

A mechanical lever must lower the main broom into the sweep position and raise it back up to the transport position.

To extend broom life, reduce broom polish marks on the surface, and increase safety, when the main broom is in the lowered position it must not be engaged when the machine is stops and it must automatically engage when the machine is in motion.

All brooms must stop automatically when foot pedal is moved to neutral.

Main broom must be spun balanced for smooth operation and high performance.

Main broom must be reversible to prevent bristle set.

Main broom design must include a recirculation flap to minimize missed debris during sweeping.

Main broom must have two operational settings, constrained sweeping position for typical sweeping and full float position for more complete sweeping of uneven surfaces.

Adjustment for broom wear must be completed from the operator’s seat.

Adjustment system must include a visual indication of broom wear.

2.4 SIDE BROOM:

A rotary, disposable type, with molded brush block 26 inches (66 cm) diameter right side and left side broom is required.

Side broom is to be lowered automatically when main broom lever is moved to the sweeping position and must also raise up when the main broom lever is moved to the raised/transport position.

Side broom is to stop when the foot pedal is moved to the neutral position, this increases safety, reduces broom polishing marks on surfaces, reduces broom wear and thus reduces the overall cost of ownership.

Side broom can be independently raised and shut off with the push of a button.

Standard bristle type is Polypropylene.

Side broom assembly retracts upon impact during operation for protection to broom and drive motor.

Side broom must float over uneven surfaces and have adjustments for wear.

Broom wear indicator shows broom wear.

No tools are required to change the broom or adjust the broom height.

Sweeper requires left hand side broom must be available on the sweeper.

2.5 POWER SOURCE:

Engine must be a dedicated industrial design with enclosed gear driven valve train –engines with timing belts and chains are not acceptable.

Engine must be manufactured by a supplier with globally recognized service, support and reliability.

Must have a fully enclosed 4-cylinder engine; 1.6 liter, liquid cooled industrial engine, LPG: 55 hp (41.0 kW).

Engine must be:

EPA Non-Road LSI Tier 2 Certified, and CARB Off-Road LSI Tier 3 Certified.

Engine must return to idle from operational RPM after 40 seconds of machine inactivity to reduce emissions, noise and fuel consumption.

Must include a heavy duty, two stage engine air-cleaner with visual indication of filter clogging.

To protect the engine an automatic low oil pressure and high coolant temperature shutdown system is required.

An industrial 3 core radiator with cooling fin spacing of no less than 6 fins per inches is required.

Hydraulic radiator must tip out 90 degrees to facilitate easy cleaning of engine radiator and hydraulic radiator.

Engine and hydraulic system cooling air must be pulled from the side of the engine compartment; pulling cooling air from below the engine compartment is not acceptable.

Full engine and hydraulic pump access must be easily provided by tip out rotomolded covers that can be tipped out without tools providing full engine and hydraulic system access on 5 of 6 sides of the engine.

Engine starter must only engage when the motion pedal is in neutral position to prevent unexpected motion when starting machine for increased safety.

LPG: Tank replacement must be fast and easy with tank location on machine at ergonomic lifting height no higher than 20 inches (51 cm).

LPG: In case of emergency, the on/off valve on the LPG tank must be directly accessible from outside the machine. A full 33-pound LPG tank must provide up to 4 hours of continuous run time.

2.6 HYDRAULICS:

Unit propulsion, main broom, side broom, and dust control vacuum fan to be driven hydraulically.

The engine is to furnish power through a coupling to a variable displacement piston-type hydraulic pump.

Pump must provide infinitely variable propelling speeds within the governed range to a heavy-duty rear wheel drive motor. Maximum speed must be at least 9 mph (14.5 kph).

Transport speed must be limited when hopper raised to increase stability and safety.

A tandem mounted gear-type hydraulic pump is required to send fluid to hydraulic motors driving the main and side brooms and vacuum fan.

Hydraulic oil cooler is required to keep the fluid cool even in the harshest applications. For ease in cleaning, the Hydraulic cooler must tilt out 90 degrees.

A case drain must be provided on the dust control vacuum motor and main broom motor to prevent motor damage.

Standard 10W30 motor oil is to be utilized within the hydraulic system for easy field maintenance and availability and easy disposal of used oil.

100% of fluid is to be filtered in the hydraulic system.

Operating functions controlled by sealed electronic solenoid cartridges are to be combined into a single manifold block.

2.7 DEBRIS HOPPER:

Hopper safety prop-rod engagement must be possible from the operator seat position for easy use and safety. Manual engagement prop-rod bar requiring operator to get out of the seat to engage is not acceptable.

Machine shall have a minimum volume capacity of 14 cubic feet (396 L), with a minimum weight capacity of 1,000 pounds. (545 kg).

Hopper is to be constructed as follows for minimum maintenance: structural non-corrosive polyethylene roto-mold hopper with integrated bumper and side broom protection.

Impact absorbing bumper system is required to protect the machine, operator and owner’s facility.

Heavy gauge galvanized steel skid plate on bottom of hopper is required.

Floating wear flaps are to be mounted around the main broom chamber to allow vertical movement for passing over objects up to 4 inches (10.6 cm) above floor level.

Hopper must be equipped with a dump door to prevent loss of swept debris during transport and to allow debris to be raised to dump height without spilling.

Hopper door must automatically close when the main broom is raised or when the hopper is raised to prevent accidental dumping at ground level.

Hopper is to be hydraulically raised with dump height possible from ground level up to 60 inches (152 cm).

When emptying hopper into a dumpster, the hopper must be able to be lowered to have the hopper door opening below the threshold of the dumpster by 4 inches (10 cm) to minimize dust while dumping.

During dumping, the operator must be able to see around the right side of the hopper for safe visibility without leaning out of the machine.

2.8 DUST CONTROL SYSTEM:

Machine must utilize a 5-stage dust control system that includes dust control at the side brooms for operator and pedestrian safety.

A panel filter which offers a minimum total filtering area of 94 square feet (8.176 m²) and controls dust particles down to less than one micron in size is required.

A high volume, hydraulically driven, 9 inches (23 cm) vacuum fan is required to provide excellent main broom dust control. Exhaust air is to be channeled through the chassis and out the rear of the machine.

Dust must be locked in the hopper area by a dust panel filter located in the hopper; it is not acceptable to route dust laden, unfiltered air out of the hopper area.

The filter system must empty filtered debris directly back into the hopper without passing through seals.

All critical dust control system seals must be replaced when the dust filter is replaced to maintain the dust control system. The panel filter must be able to be replaced in less than 1 minute without tools and from an ergonomic lift height.

Panel filter is to be cleaned utilizing a vibratory style filter shaker which automatically operates for a timed sequence and covers a wide spectrum of vibration frequencies by cycling on and off.

Filter cleaning cycle must execute either by the operator pressing the filter cleaning button in the operator compartment or each time the main broom lever is moved to the raised position.

A metal panel in the hopper beneath the dust filter is required to protect the filter and to capture the shaken dust and automatically dump it when the hopper is raised.

The vacuum fan must automatically turn off when the shaker motor is activated to prevent dust particles from being imbedded more deeply into the filter.

No dust separation system that requires disassembly with tools for cleaning and maintenance is allowed.

Dust control system must have optionally available side broom dust suppression system using a fine water mist to knock down the majority of side broom generated dust; a shroud system that blocks the operator’s view of the side broom, pushes debris to the side of the sweep path and is vulnerable to damage is not acceptable.

2.9 SIDE BROOM DUST SUPPRESSION:

A water fog is required which is dispensed from a 14 gal (53 L) integrated tank through nozzles directed at the side brooms to suppress dust generated by the side brooms. Nozzles are to have no tool twist off caps with built in filter and check valve for easy maintenance. Water mist system is to be controlled on and off automatically with side broom operation. Side broom fog water spray dust suppression must be provided to allow for a fully dust controlled sweep path for maximum productivity with minimum fugitive dust emissions from dust and bird droppings for operator and pedestrian safety.

3.0 OPERATOR COMPARTMENT:

Compartment shall be equipped with An adjustable operator seat with enough leg room to comfortably accommodate a 6-foot 6 inch person.

A single foot pedal that is adjustable for comfort which controls forward, reverse and travel speed.

Mechanical foot brake used to stop the machine.

A foot operated parking brake is required which will keep the machine from moving while it is unattended or parked on an incline.

Operator compartment must not contain sharp edges that can contact an operator’s knees when getting in and out of the machine.

Operator compartment must have a roto-molded design for easy water wash down.

4.0 CONTROLS:

For safety and comfort, the operator must be able to have clear sight lines of the edge of the right-side broom without leaning outside the machine compartment.

Tactile and LED feedback touchpad controls with buttons large enough to be operated with gloves on are utilized with functions symbolically ordered in logical color-coded groups.

A single main broom handle controls the automated one touch sweeping system for easy training and machine operation.

Activating sweep system with the sweep system lever must do all of the following:

Lower main broom Lower side broom Open hopper door Activate dust control system All sweep and dust control functions, once activated, must start and stop with machine motion for safety and to reduce broom wear reducing the cost of ownership.

Operator area must include as standard:

Key switch Oil pressure and water temperature lights Dust control switch (wet sweep bypass) Main broom and side broom controls Hopper raise/lower controls Hour meter Electronic timed filter shaker switch Horn Headlights Optional gage system that provides engine temperature, oil pressure, voltage and fuel level must be available.

All electronics are to be circuit breaker protected.

Automotive style sealed connectors are to be utilized throughout the wiring harness for increased reliability.

Electronic control board is to be enclosed in a roto-molded water resistant compartment.

5.0 STEERING SYSTEMS:

Full power steering is required with single rear wheel steering.

A 15-inch (38 cm) diameter steering wheel is required.

The machine rear tire must be capable of turning 90 degrees to minimize the space required for a U-turn to 109 inches (227 cm) maximum.

6.0 REQUIRED OPTIONS:

Litter vacuum with 12-foot long hose with 4-inch diameter, must be capable of capturing debris with enough vacuum power to deposit debris in the hopper. This will be used for plant washout, corner areas and inaccessible areas under benches and corners.

Fire extinguisher with mounting bracket Hopper temperature sensor in the event a cigarette or hot item is picked up when sweeping to alert the operator and shut down the vacuum fan.

Plugged dust control filter to alert the operator to shake the filter Front tires shall be 21-inch diameter (53 cm) solid tires to prevent flats and allowing the unit to comfortably negotiate improved and unimproved surfaces without excessive shock being transferred to the operator.

Rear tire shall be 18-inch diameter (46 cm) solid tire to prevent flats Back-up audio alarm for operator safety.

Amber strobe light mounted on sweeper.

Heavy duty front bumper.

Suspension seat with arm rest and seat belt for operator safety.

Right front corner guard with roller bumper.

Left front corner guard with roller bumper.

Floor mat LPG propane tank with outage and filler valve LPG gauge package.

7.0 TIRES:

Front tires shall be 21-inch diameter (53 cm) pneumatic 10 ply allowing the unit to comfortably negotiate improved and unimproved surfaces without excessive shock being transferred to the operator.

Rear tire shall be 18-inch diameter (46 cm) pneumatic 8 ply.

Ability to cross railroad tracks and speed bumps without damage to unit required.

Solid tire options must be available.

8.0 CORROSION RESISTANCE:

Exterior of machine must be roto-molded to minimize the risk of rust on exposed metal.

Frame must be powder coated to provide extra corrosion and scratch resistance.

Exposed fasteners shall be corrosion resistant.

9.0 SERVICE:

Tip out and lift off covers for easy service access are required.

For safety, covers must interlock so engine is not accessible when the operator is on the seat.

With covers open the engine must be fully accessible on 5 of 6 sides.

Machine must be power-washer safe for easy cleaning.

Electronic diagnostics with fault code history is required.

Complete parts and service manual with quick trouble shooting guide is required and must be available on-line.

10.0 TRAINING:

The machine shall have on-site operator use and care training and at no cost. Additionally, the manufacturer will provide at no cost an online use and care safety certification training with login and password available 24 hours a day 7 days a week for operator use and care testing and safety certification for any and all operators.

11.0 OVERALL DIMENSIONS:

Machine overall width shall be no more than 64 inches (163 cm) wide for ease of maneuverability with a maximum length of 94 inches (239 cm).

12.0 WARRANTY:

Minimum 6 months labor, 6 months travel, 4 years/2,800 hours parts, 8 years roto-molded components.

13. 0 DELIVERY: FOB Destination Contractor shall delivery street sweeper within 45 days to the Michael E. DeBakey Medical Center (MEDVAMC) Warehouse located at 2002 Holcombe Blvd, Houston Texas 77030. The POC for this action is Marcus Roy, Grounds Supervisor. He can be reach at 713-791-1414 ext27876.

Normal hours of delivery are Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding holidays. All delivery shall be performed during normal hours unless requested or approved by COR or his designee.

14.0 INVOICES AND PAYMENT

Invoice shall be submitted after delivery and acceptance. Payments shall be made via EFT (Electronic Fund Transfer) from the VA Financial Service Center upon receipt of a properly prepared. At a minimum, all invoices shall include the following:

Contract Number Purchase order number. Correct purchase order number which shall be issued by the Contracting Officer after the contract is awarded. Invoice without correct purchase order number shall be rejected and returned to the Contractor Item(s) covered Description of supply items Billing period Invoice number and date

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Stk #56107502, SW8000 Rider Sweeper LPG (Propane), TrioSweep with DustGuardTM, Proex/Wire Main Broom and Poly Side Broom PRINCIPAL NAICS CODE: 333318 - Other Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 2320 - Trucks and Truck Tractors, Wheeled

MANUFACTURER PART NUMBER (MPN): 56107502

Stk #56507030, Litter Vac 4" diameter 12' suction hose

MANUFACTURER PART NUMBER (MPN): 56507030

Stk #56510605, Fire Extinguisher for all models except Cab models

MANUFACTURER PART NUMBER (MPN): 56510605

Stk #56507029, Hopper Temp Sensor

MANUFACTURER PART NUMBER (MPN): 56507029

Stk #56507036, Plugged Dust Filter Indicator

MANUFACTURER PART NUMBER (MPN): 56507036

Stk #56508873, Solid Tire kit set of 3 (in lieu of std)

MANUFACTURER PART NUMBER (MPN): 56508873

Stk #56507023, Backup Audio Alarm

MANUFACTURER PART NUMBER (MPN): 56507023

Stk #56507038, Amber Strobe when OHG or Cab is not ordered

MANUFACTURER PART NUMBER (MPN): 56507038

Stk #56107612, Heavy Duty Front Bumper (compatible with front corner guards or may be installed separately)

MANUFACTURER PART NUMBER (MPN): 56107612

Stk #56507040, Suspension Seat with Arm Rest and Seat Belt (in lieu of standard)

MANUFACTURER PART NUMBER (MPN): 56507040

Stk #56508364, Right Front Corner Guard with Roller Bumper

MANUFACTURER PART NUMBER (MPN): 56508364

Stk #56508365, Left Front Corner Guard with Roller Bumper

MANUFACTURER PART NUMBER (MPN): 56508365

Stk #56508433, Floor Mat

MANUFACTURER PART NUMBER (MPN): 56508433

Stk #8-83-04016, LPG (Propane) Tank with Outage and Filler Valve (in lieu of standard)

MANUFACTURER PART NUMBER (MPN): 8-83-04016

Stk #56107673, Gauge Package for LPG Models (must order LPG models)

MANUFACTURER PART NUMBER (MPN): 56107673

B.4 DELIVERY SCHEDULE

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 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 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.

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.2 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes .

(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.3 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.

(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 compliance with the subcontracting commitments.

(End of Clause)

C.4 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Department of Veterans Affairs Michael E. DeBakey VA Medical Center Receiving Warehouse Building 100 2002 Holcombe BLVD Houston TX 77030-4298 (End of Clause)

C.5 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)

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

E.2 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)

(End of Addendum to 52.212-1)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest Priced Technically Acceptable (LPTA) responsible offeror whose offer, conforming to the solicitation, meets or exceeds the acceptable standards for non-cost factors. All quoters must have a current registration in the System for Award Management.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L.