36C25718Q0133-001.docx

36C25718Q0133

PAGE 1 OF

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 INCORPORATES 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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

12-12-2017 Jessica Roman 432-268-5055 01-03-2018 4:00 pm 00519 Department of Veterans Affairs Contracting Section (90C)

707 East 3rd Street Big Spring TX 79720 x x

337214 1000 Employees

N/A X

00519 Department of Veterans Affairs Amarillo VA Health Care System

6010 Amarillo Blvd West Amarillo TX 79106 00519 Department of Veterans Affairs Contracting Section (90C)

707 East 3rd Street Big Spring TX 79720

Electronic submission of invoices required through OB10 website http://www.ob10.com/us/en/#&panel1-1 Austin TX 78714-9971

See CONTINUATION Page See "Attachment A" for Price/Cost Schedule

See CONTINUATION Page 504-3680160-139-820400-2580-010044158

Michael J. Tusinger

NCO1815L2-4195

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257

Contracting Section (90C)

707 East 3rd Street Big Spring TX 79720

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:

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 Electronic submission of invoices required through OB10 website http://www.ob10.com/us/en/#&panel1-1 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes 52.219-6, 852.219-10 and 852.219-11. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

36C25718Q0133

Page 1 of Page 1 of

Instructions to Offerors Evaluation Factors for Award

SOLICATION NOTICE OF TIERED SET-A-SIDE

This procurement is set-a-side based on an order of priority as established in 38 U.S.C. 8127.

TIERED SET-A-SIDE INCLUDING SMALL BUSINESS CONCERNS: This solicitation is being issued as a tiered set-a-side for SDVOSB concerns, or in the alternative, a set-a-side for VOSB concerns, or in the alternative, a set-a-side for other Small Business concerns with HUBZone small business concerns and 8(a) participants having priority. If award cannot be made, the solicitation will be cancelled and the requirement resolicited.

Vendor must be registered for NAICS 337214 in SAM to be eligible for award.

All SDVSOB contractors participating in the Veterans First Contracting Program must be listed as verified in the VIP database at https://www.vip.vetbiz.gov to receive contract awards under the Veterans First Contracting Program. In addition, contractors must be registered in System for Award Management (SAM) as a small business under the NAICS listed.

The Non-Manufacturer Rule is in effect; all items quotes shall be manufactured by a small business.

Quotations due 01/03/2018 at 4:00 p.m. EST (3:00 p.m. CST).

Submit quotation via e-mailed to jessica.roman@va.gov

Point of Contact:

Jessica Roman Contract Specialist SAO West Network Contracting Office (NCO) 17 707 East 3rd Street Big Spring, TX 79720 Phone: 432-268-5055 Fax: 432-517-4586 jessica.roman@va.gov

Late quotes or documentation will not be accepted. All questions, comments, or inquiries are to be submitted in writing to the Point of Contact, referenced above, prior to the closing of the solicitation.

I. Basis of Award The Government intends to award a delivery order resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation meets or exceeds the requirement at the lowest price, Lowest Price Technically Acceptable (LPTA).

The quotes will be evaluated on the basis of the evaluation factors listed below. The technical acceptability will be evaluated on an "acceptable" or "unacceptable" basis. Only those contractors determined to be technically acceptable will be evaluated on price. The following areas will be evaluated:

Factor 1: Technical Acceptability – The contractor shall provide a written statement addressing each of the following items. The written statement must describe each point and must provide enough detail to determine minimum qualifications.

a. Description of Items: Provide a written description addressing each item within “Attachment A”. The description should address all aspects as stated within the attachment to include dimensions, specifications, fabrics, materials, etc. Items must adhere to requirements outlined in Attachment A and the Statement of Need.

Factor 2: Price – Contractor shall utilize “Attachment A” as the Price/Cost Schedule. The schedule may be altered, or an alternate schedule used where appropriate in order to express quote detail.

Statement of Need

1. SCOPE:

The Department of Veterans Affairs, Amarillo VA Health Care System (AVAHCS), located in Amarillo, Texas 79106, requires Furniture/Furnishings for the newly constructed, two-story Primary Care building with incidental installation services.

The government anticipates the award of a firm-fixed-price purchase order in accordance with Federal Acquisition Regulation (FAR) Parts 12 – Acquisition of Commercial Items, and 13 – Simplified Acquisition Procedures. Quotes will be evaluated based upon lowest priced technically acceptable (LPTA) methodology. Delivery is required as soon as possible, but no later than ninety (90) Days After Receipt of Order.

2. ACRONYMS:

· Amarillo VA Health Care System – AVAHCS

· After Receipt of Order – ARO

· Contracting Officer – CO

· Contracting Officer Representative – COR

· Free on Board Destination – FOB Destination

· Furniture/Furnishings – F/F

· Infection Control Risk Assessment – ICRA

· Lowest Price Technically Acceptable – LPTA

· Office of Information & Technology – OI&T

· Solicitation Point of Contact – POC

3. PROVIDE:

Full Coordination of Project Purchase and Installation:

a. Any and all items, hardware, connections, etc. required to ensure complete and functional design, confirming F/F installation is safe, complete, and ready for immediate use.

b. Dry, clean, and secure off-site storage for any and all items that arrive ahead of full installation. No VA site storage will be provided.

c. Supervision, and organized and efficient installation of all products listed in Attachment A.

d. Installation to be coordinated with the COR; all questions and requests by other VA staff directed to the installation team shall be referred to the COR.

4. GENERAL:

The scope of this requirement includes manufacture, delivery, storage, and installation phases. The installation phase will consist of a one-time, efficient installation job. Provide a quote for all requested F/F products, which match or exceed salient characteristics, outlined in Attachment A. The delivery and installation phases includes delivery, review and/or follow-up of delivered products for damage and/or other issues, staging, installation, site control (including maintaining clear, unimpeded, and safe access within the building and adjacent areas), and removal of all packaging materials for proper off-site disposal.

a. This is a complete installation to furnish a new 19,942 GSF Patient Care building, requiring F/F purchases for approximately forty-six (46) rooms, including several patient care support spaces, twenty-two (22) patient exam rooms, and three (3) large huddle areas that combined shall provide forty-six (46) workstations arranged within customized team cubicles in support of newly established Primary Care strategies.

b. The VA’s priority throughout delivery / install phases is to extend courtesy and respect to veterans, patients, visitors, and staff in terms of safety, controlled / reasonable noise levels, congestion from installation materials, shared use of elevator and stairways, and approved containment and removal of all debris or materials within and outside the area of installation.

c. The VA anticipates work to be expedited as much as possible, to facility a prompt delivery.

d. The VA anticipates installation to be completed in two (2) weeks or less.

e. CAD/CAM drawings are available from the CO upon request. Submit requests to the POC prior to solicitation close. CAD/CAM drawings were developed pre-construction; therefore, contractors are strongly advised to take measurements of all spaces.

f. Illustrations and drawings are intended for reference use only.

g. The contractor shall be responsible for proper spatial fit of F/F items within available spaces.

5. SPECIFICATIONS:

a. All quoted F/F shall meet or exceed the minimum requirements (salient characteristics) of the government as outlined in Attachment A. Items listed with brand name or equal requirements are provided as examples only.

b. F/F shall be of new condition only; the government will not accept used or refurbished items or parts.

c. The contractor shall be an authorized distributor or dealer of the items quoted; “grey market” items will not be accepted.

d. Partial quotes will not be accepted.

e. Contractors shall provide product specifications and dimensions, including fabric and materials, for all items quoted.

f. All quotes are to include standard options (colors/patterns/fabrics). Upgraded options may be included; however, contractors are advised the basis of award is LPTA. Additional costs above contractor quotes, due to upgraded options, shall be authorized by the CO in writing prior to performance.

g. Lounge-type items, such as sofas, loveseats, and club chairs for Counseling and Family areas, if quoted, are to be similar in shape or styled with a form to soften visual impact and feel comforting to users.

h. Chairs:

i. Chairs shall be available in hospital grade vinyl, excluding for Waiting Room chairs, which require high performance hospital grade vinyl seats, but may include backs/sides in woven Crypton or other bleach-solution cleanable fabric. The exposed structures of the chairs may be metal or hardwood. All upholstered patient/guest seating and chair arms shall have PVC caps for extended durability where exposed wood or metal exists (top of arms). Patient contact with metal construction, if proposed, shall be minimized.

ii. All seats shall be vinyl hospital grade, 100,000 or higher double rubs, easily cleaned. Woven vinyl fabrics (comparable to Crypton) can be provided for arms and backs only in the public/Waiting Rooms to create more visual interest. Preferred fabrics include those that can be cleaned with a bleach solution, and demonstrate durability and ease of cleaning.

iii. In patient care areas, staff support areas, and dining areas, chair backs and arms of items are to be vinyl of the same grade or higher than that specified in the list.

iv. All upholstered patient seating and chair arms (wood or metal) are to have PVC caps for extended durability where exposed structure exists (top of arms).

v. Lounge seating (lounge chairs, loveseats, couches) shall have vinyl seats, but woven vinyl fabrics (comparable to Crypton or others shown in list) can be provided at arms and backs to create more interest in the 1st floor Consult Rooms or 2nd Floor Shared Consult counseling areas.

vi. Where indicated, this purchase will include new Waiting Room/ lounge seating, seat height variances, wider, bariatric chairs and upholstery demonstrated to be a high-performance upholstery fabric with high durability and ease of cleaning.

i. Rough sketches are included to provide a concept for Huddle Modules and Desking Materials.

j. Quotes shall include standard Huddle Module color/finishes. Available upgrade values shall be stated in quotations, if not the VA will assume that all quoted finishes are standard.

k. Rough sketches are provided to show the anticipated set-up within each interior huddle module staff space, to be replicated wherever possible.

i. Tacking surface (tack-board) provides the opportunity for individualized reference information to be posted.

ii. Glass stripping permits patient exam room status flags to be fully visible to all staff (and provides some sound control).

iii. Overheads, when provided, give additional storage space to end-users. Provide and install overheads and lights for all huddle space occupants.

iv. Fabric wrapped tack-boards provide each huddle occupant a resource space, and help control sound.

v. While the Huddle is considered a non-patient area, disinfecting may still necessary.

l. All items shall come with, at minimum, the standard manufacturer’s warranty. All warranties shall be disclosed within the quotation.

m. Exact quantities are subject to change prior to award, dependent on government needs.

6. MILESTONES:

The contractor shall submit, with their quotation, a comprehensive outlined of key milestone events in order to demonstrate how the contractor anticipates meeting the VA’s completion schedule of sixty (60) days ARO. The contractor shall reflect in the milestones the anticipate number of days for the following stages (at a minimum) to occur from the approval of finishes by the COR:

a. Purchase order processing by the contractor,

b. Manufacture of items,

c. Delivery,

d. Installation, and

e. Final acceptance.

7. DELIVERY & WAREHOUSING:

a. Delivery shall be made FOB Destination to the following address:

Department of Veterans Affairs Amarillo VA Health Care System 6010 Amarillo Blvd. West Building 48 Amarillo, TX 79106

b. The VA will not provide storage for items arriving prior to the date of installation. The contractor shall provide a clean, climate controlled environment, suitable for the storage of F/F. Storage costs should be anticipated and included in contractor’s quotes. Any additional costs shall be approved by the CO prior to performance.

c. The building does not have a loading dock. Limited, but direct access (without vehicular or pedestrian interference), is available into both the 1st and 2nd floors.

d. A small area outside of each entrance provides a dedicated area for parking of a single delivery trucks.

e. Only one truck at a time may be present per each upper and lower area; schedule deliveries accordingly.

f. Contractors should anticipate fastest staging/installation at the destination floor, but there is an elevator and stairs for occasional relocation within the building. Direct deliveries to 1st or 2nd floor entrances to the maximum extent practical.

g. Arrange all other parking in advance with the approval of VA Police Department, COR and/or FF Project Mgr.

i. Parking space is limited.

ii. All contractor vehicles shall abide by facility rules and posted signage.

iii. There is no “waiting” room or staging hold area for large vehicles.

iv. On-site, long-term, or overnight parking is not permitted anywhere on the VA site.

8. INSTALLATION:

a. Installation is considered incidental the purchase of F/F and will not constitute personal services. Therefore, services will be performed under the observation of the COR and/or Project Manager; however, the government will not provide direct supervision/direction to contractor or subcontractor staff.

b. The contractor shall be responsible for providing all supervision, transportation, equipment, tools, preparation tools, drawings, materials, parts, etc. for the successful installation of F/F.

c. The VA encourages exterior installation-preparation activities occur during early morning, evening, week-end, or holiday hours, to expedite deliveries and staging of work outside the building. The COR will work with the contractor to determine and achieve best building access as appropriate to provide early morning (before 7:00 a.m. CST) or evening access (after 4:00 p.m. CST) to speed delivery and staging.

d. Typically, installation areas are available during Normal Working hours: Monday through Friday from 8:30 a.m. to 4:30 p.m. CST.

e. Plans to access the facility outside of Normal Working hours shall be approved by the COR prior to performance. Should the contractor anticipate additional costs associated with work performed outside of Normal Working hours it shall be included in the quote submitted. A listing of Federal Holidays is provided below:

Holidays falling on a Sunday, will be observed as a legal holiday the following Monday. Holidays falling on a Saturday, will be observed as a legal holiday the preceding Friday.

f. Any additional costs shall be approved by the CO in writing prior to work being performed.

g. All exterior areas adjacent to the building are actively in use and will not be closed off.

h. Contractor requests for any additional services, such as power from the Engineering Service, or electronic equipment from OI&T Service, shall be provided through the COR. Infrastructure is already in place in the completed building.

i. Contractors shall be able to provide responsive services for missing items, and installation issues (on-site and services completed) within forty-eight (48) hours of request from the COR.

j. The contractor is responsible for all packaging materials disposal.

i. VA dumpsters shall not be used to dispose of these materials.

ii. Written requests for VA approval of temporary contractor on-site dumpsters shall be submitted to the COR two (2) weeks in advanced of installation procedures.

iii. The contractor is encouraged to recycle and to identify and provide weight and type of materials.

k. All work shall be carried out in a safe manner; the contractor is responsible for all materials and articles under the control of contractor/subcontractor personnel.

l. The contractor shall not cause by act or omission any government property, and shall be responsible for any such incidents.

m. Infection Control Risk Assessment (ICRA) precautions shall be taken when creating dust and debris during installation processes. This new Primary Care Building is an unoccupied building and as such, should not require the same stringent precautions required for an occupied building as directed by VA Infection Control for VA staff. While phased move-in and occupancy in the new building is planned, VA intends that installation of all products shall be completed prior to the first phased move-in. Specific ICRA instructions will be provided to the contractor based on status of the building prior to installation.

n. At completion of installation, the contractor shall make a final inspection/walk through with the COR and together will prepare a “punch list” report noting deficiencies and corrections for necessary completion of the installation.

9. SITE-VISITS:

Site-visits shall be scheduled through the POC. At no time, shall the contractor, or contractor personnel, make unscheduled or unaccompanied site-visits. During solicitation, all communication will be directed through the POC. Site-visits are highly encouraged, but not mandatory. Additional instructions will be provided at the time the site-visit occurs.

Despite the attendance of a site-visit, the contractor is responsible for ensuring all quoted furniture will fit within existing space.

10. NON-MANUFACTURE RULE:

The Non-Manufacture Rule is waived for this procurement.

11. GOVERNMENT FURNISHED PROPERTY:

There will be no Government Furnished Property provided to the contractor in the performance of this contract.

12. SECURITY LANGUAGE:

The C&A requirements do not apply and a Security Accreditation Package is not required.

13. INVOICE INFORMATION:

a. The contractor shall submit invoices monthly, in arrears.

b. Invoices shall be submitted electronically through the OB10 website: http://www.ob10.com/us/en/#&panel1-1. Faxed or mailed invoices will be rejected.

c. Payment will be made by VAFSC, Austin, Texas, thirty (30) days after receipt of a proper invoice.

d. General information to be included on invoices:

i. Submission of a proper invoice including facility name, address, and phone number.

ii. Type of service performed.

iii. Date(s) of service.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

LOCAL STOCK NUMBER: 196100

B.4 DELIVERY SCHEDULE

6010 West Amarillo Boulevard Amarillo, TX 79106 1990

USA

6010 West Amarillo Boulevard Amarillo, TX 79106 1990

USA

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2017)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

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

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

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (NOV 2016) of 52.219-9.

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

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

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

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

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

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

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

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

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

[X] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).

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

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

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

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

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

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

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

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

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

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

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

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

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

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

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

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

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

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

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

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

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

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

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

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

[X] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

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

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

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

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

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

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

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

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

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

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

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

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

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

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

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

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

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

(End of Clause)

C.4 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008)

(Note: as used in this clause, the term "brand name" includes identification of products by make and model.)

(a) If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation.

(b) Unless the bidder clearly indicates in the bid that the bidder is offering an "equal" product, the bid shall be considered as offering a brand name product referenced in the invitation for bids.

(c)(1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to:

(i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and

(ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity.

(2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall:

(i) Include in his/her bid a clear description of such proposed modifications, and

(ii) Clearly mark any descriptive material to show the proposed modifications.

(3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered.

The clause entitled "Brand name or equal" applies only to the following line items:

See Attachment A

(End of Clause) C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

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

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

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

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause) C.6 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Veteran-owned small…