36C25721Q0040.pdf

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 48

674-21-1-266-0002

36C25721Q0040 10-27-2020

Juan Martinez 210-694-6303 11-16-2020

1:00 PM CST

36C257

Department of Veterans Affairs

VISN17 Network Contracting Activity

7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229

X 100

X

541380

$16.5 Million

N/A

X

36C674

Department of Veterans Affairs

Central Texas Veterans Health Care

See Statement of Work for Locations

TX

36C257

Department of Veterans Affairs

VISN17 Network Contracting Activity

7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229

This is accomplished through the

Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp

This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

SEE SCHEDULE.

Fume Hood maintenance, calibration and certification services in accordance with the Statement of Work.

See CONTINUATION Page

X X

X 1

36C25721Q0040

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...17

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (AUG 2020)

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (AUG 2020)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION M - EVALUATION FACTORS FOR AWARD

BASIS FOR AWARD

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

5.00 JB __________________ __________________

Annual Calibration and Certification of Fume Hood, Mfg. HAMILTON IND;

Model: 54L179 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Base POP Begin: 12-01-2020 POP End: 11-30-2021

1.00 JB __________________ __________________

Annual Calibration and Certification of Fume Hood, Mfg. KEWAUNEE

SCIENTIFIC EQUIP; Model: CF5; S/N: R109360; EE40708; Location:

1A157M-Waco.

Contract Period: Base

2.00 JB __________________ __________________

Semi-Annual Calibration and Certification of Fume Hood. Mfg. HAMILTON

IND; Model: 54L181; S/N 000603; EE47301; Room: 1A158-163-Temple.

Contract Period: Base

8.00 JB __________________ __________________

Semi-Annual Calibration and Certification of Fume Hood, Mfg. NUAIRE;

Model: NU425 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Base

3.00 JB __________________ __________________

Calibration and Certification of Fume Hood, Mfg. LABCONCO; Model: 48822 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Base

9.00 JB __________________ __________________

Annual Calibration and Certification of Fume Hood; Mfg. LABCONCO; Model:

72804 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Base

14.00 JB __________________ __________________

Semi-Annual Calibration and Certification of Fume Hood; Mfg. LABCONCO;

Model: 3620804 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Base

10.00 JB __________________ __________________

Semi-Annual Calibration and Certification of Fume Hood; Mfg. NUAIRE;

Model: NU201630 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Base

Semi-Annual Calibration and Certification of Fume Hood; Mfg. BAKER CO;

Model: SG403A-HE; S/N: 108536; EE104734; Room: 1B206-7901-Austin in accordance with the Statement of Work.

Contract Period: Base

4.00 JB __________________ __________________

Semi-Annual Calibration and Certification of Fume Hood; Mfg. NUAIRE Inc.;

Model: A2 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Base

6.00 JB __________________ __________________

Model: B2 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Base

Semi-Annual Calibration and Certification of Fume Hood; Mfg. Mortech

Industries; Model: GL10572; S/N: 08492; EE138428; Room 1D108-163- Temple in accordance with the Statement of Work.

Contract Period: Base

Backflow vent services in accordance with the Statement of Work. See

Attachment A for locations.

Contract Period: Base

TOTAL FOR BASE

YEAR

Model: 54L179 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 1 POP Begin: 12-01-2021 POP End: 11-30-2022

SCIENTIFIC EQUIP; Model: CF5; S/N: R109360; EE40708; Location:

1A157M-Waco.

Contract Period: Option 1

IND; Model: 54L181; S/N 000603; EE47301; Room: 1A158-163-Temple.

Contract Period: Option 1

Model: NU425 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 1 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 1

72804 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 1

Model: 3620804 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 1

Model: NU201630 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 1

Model: SG403A-HE; S/N: 108536; EE104734; Room: 1B206-7901-Austin in accordance with the Statement of Work.

Contract Period: Option 1

Model: A2 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 1

Model: B2 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 1

Industries; Model: GL10572; S/N: 08492; EE138428; Room 1D108-163- Temple in accordance with the Statement of Work.

Contract Period: Option 1

Attachment A for locations.

Contract Period: Option 1

TOTAL FOR OPTION

PERIOD I

Model: 54L179 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 2 POP Begin: 12-01-2022 POP End: 11-30-2023

SCIENTIFIC EQUIP; Model: CF5; S/N: R109360; EE40708; Location:

1A157M-Waco.

Contract Period: Option 2

IND; Model: 54L181; S/N 000603; EE47301; Room: 1A158-163-Temple.

Contract Period: Option 2

Model: NU425 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 2 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 2

72804 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 2

Model: 3620804 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 2

Model: NU201630 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 2

Model: SG403A-HE; S/N: 108536; EE104734; Room: 1B206-7901-Austin in accordance with the Statement of Work.

Contract Period: Option 2

Model: A2 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 2

Model: B2 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 2

Industries; Model: GL10572; S/N: 08492; EE138428; Room 1D108-163- Temple in accordance with the Statement of Work.

Contract Period: Option 2

Attachment A for locations.

Contract Period: Option 2

PERIOD II

Model: 54L179 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 3 POP Begin: 12-01-2023 POP End: 11-30-2024

SCIENTIFIC EQUIP; Model: CF5; S/N: R109360; EE40708; Location:

1A157M-Waco.

Contract Period: Option 3

IND; Model: 54L181; S/N 000603; EE47301; Room: 1A158-163-Temple.

Contract Period: Option 3

Model: NU425 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 3 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 3

72804 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 3

Model: 3620804 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 3

Model: NU201630 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 3

Model: SG403A-HE; S/N: 108536; EE104734; Room: 1B206-7901-Austin in accordance with the Statement of Work.

Contract Period: Option 3

Model: A2 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 3

Model: B2 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 3

Industries; Model: GL10572; S/N: 08492; EE138428; Room 1D108-163- Temple in accordance with the Statement of Work.

Contract Period: Option 3

Attachment A for locations.

Contract Period: Option 3

PERIOD III

Model: 54L179 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 4 POP Begin: 12-01-2024 POP End: 11-30-2025

SCIENTIFIC EQUIP; Model: CF5; S/N: R109360; EE40708; Location:

1A157M-Waco.

Contract Period: Option 4

IND; Model: 54L181; S/N 000603; EE47301; Room: 1A158-163-Temple.

Contract Period: Option 4

Model: NU425 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 4 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 4

72804 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 4

Model: 3620804 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 4

Model: NU201630 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 4

Model: SG403A-HE; S/N: 108536; EE104734; Room: 1B206-7901-Austin in accordance with the Statement of Work.

Contract Period: Option 4

Model: A2 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 4

Model: B2 in accordance with the Statement of Work. See Attachment A for locations and serial numbers.

Contract Period: Option 4

Industries; Model: GL10572; S/N: 08492; EE138428; Room 1D108-163- Temple in accordance with the Statement of Work.

Contract Period: Option 4

Attachment A for locations.

Contract Period: Option 4

PERIOD IV

GRAND TOTAL

STATEMENT OF WORK

SCOPE

The services to be provided by the Contractor under this agreement shall consist of furnishing all supplies, tools, labor, and travel in order to provide adjustments and certifications on all the hoods listed below. These devices are within the Central Texas Veterans’ Health Care System (CTVHCS). The devices covered under this agreement are in Temple, Waco, and Austin, Texas.

Facility Address POC

Temple Central Texas Veterans Health Care System 1901 South 1st Street, Temple, TX.

76504

Jose Colon Biomedical Equipment Support Specialist (BESS) Email:

Jose.colon-guadarrama@va.gov Desk: 254.743.0345 x40345

Waco Doris Miller Department of Veterans Affairs Medical Center 4800 Memorial Drive Waco, TX 76711

Raymond Adams Biomedical Equipment Support Specialist Email:

raymond.adams4@va.gov Cell: 254.640.5628 | Desk:

254.297.5197 x55197

Austin Austin Outpatient Clinic 7901 Metropolis Drive Austin, TX 78744

Robert Shields Biomedical Equipment Support Specialist Email:

Robert.Shields2@va.gov Cell: 254. 654.8019 | Desk:

512.823.4522

SERVICES TO BE PROVIDED

1. The contractor must provide NSF and CETA National Board of Testing (CNBT) accredited technicians.

2. Certification – The contractor shall verify that all the hoods tested meet CAP, CNBT and

NSF/ANSI 49 standards as they apply individually to each device to be certified.

3. The contractor must be able to provide on the spot corrections, small repairs, and/or adjustments on devices to pass certification. Small corrections do not include filter exchanges, and major repairs that require ordering parts. The contractor must be able to provide quotes on major repairs.

4. The vendor shall provide certification reports to the BIOMED representative once services are completed or email reports to the contacts listed above as applicable to each CTVHCS site.

Certification reports shall include but are not limited to the following information:

a. Date of service.

b. Equipment information (description, equipment ID, serial number, etc.).

mailto:Jose.colon-guadarrama@va.gov https://vaww.aams.ecms.va.gov/AAMS_Production/DAV/jvsyyyymyyh6r-yy/raymond.adams4@va.gov mailto:Robert.Shields2@va.gov

c. Inflow, downflow, leak test, airflow, and filter check as applicable to the different types of units included in the contract.

d. Summary of actions taken.

e. Certifier’s name and contact information.

f. Labor hours (if applicable).

5. Schedule - Units are certified either annually or semi-annually. The VA will not assume the responsibility of reminding the Contractor that a certification/inspection is due to be performed.

ID BADGES/PARKING/SMOKING POLICY

1. BADGES: All Contractor personnel are required to wear identification (ID) badges during the entire time they are on the VA grounds. Contractor ID badges must have an identification picture, name of the individual and the represented company depicted on it. VA badges will also need to be worn while on VA grounds and should be obtained through the VA Police

Dispatch Center.

2. PARKING: It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA Police Service. The VA will not invalidate or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.

3. SMOKING: VA Healthcare System is a smoke free facility.

4. COVID 19: Vendors are required to provide their own PPE.

SERVICE SCHEDULE

1. All services will be performed during normal working hours of coverage unless authorized by the

BIOMED Representative (i.e., emergency service calls).

2. Normal hours of coverage are Monday through Friday, 7:30 a.m. to 4:00 p.m., excluding federal holidays and any other day specifically declared by the President of the United States to be a

National Holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding

Friday shall be observed as a legal holiday.

3. Contractor personnel will report to the Biomed POC prior to performing services.

Notes:

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

• The contractor will always be escorted as a mechanism to ensure the VA sensitive information is protected.

ATTACHMENT “A”

EE # Description SN

14798

Mfg. HAMILTON IND; Model: 54L179; SN: N/A;

Local Identifier: 020766; Location: 2C103A-163-

Temple N/A

41342

Mfg. HAMILTON IND; Model: 54L179; Location:

1D104A-163-Temple 19903

41400

Mfg. HAMILTON IND; Model:54L179; Room:

BA121H-163-Temple 990201

41401

Mfg. HAMILTON IND; Model: 54L179; Room:

BA119-163-Temple 990202

41722

Mfg. HAMILTON IND; Model: 54L179; Room:

1D102-163-Temple 990526

40708

Mfg. KEWAUNEE SCIENTIFIC EQUIP; Model: CF5;

Location: 1A157M-4-Waco R109360

47301

Mfg. HAMILTON IND; Model: 54L181; Room:

1A158-163-Temple 000603

50935

Mfg. NUAIRE; Model: NU425; SN 18262030201

Room: 3R27-205-Temple 18262030201

111463 Mfg. NUAIRE; Model: NU425; Room: 1D105-163-

Temple 160404112513

111464 Mfg. NUAIRE; Model: NU425; Room: 1D101A-163-

Temple 160444112613

111465 Mfg. NUAIRE; Model: NU425; Room: 1D101B-163-

Temple 160405112513

54376

Mfg. LABCONCO; Model: 48822; Room: 3R32-205-

Temple 020853542G

54377

Mfg. LABCONCO; Model: 48822; Room: 3R32-205-

Temple 020853568G

60323

Mfg. LABCONCO; Model: 48822; Room: 2R33-205-

Temple

040520483

54394

Mfg. LABCONCO; Model: 72804; Room 3R18-205-

Temple 020953722G

54395

Mfg. LABCONCO; Model: 72804; Room: 3R11-205-

Temple 020853310G

54396

Mfg. LABCONCO; Model: 72804; Room: 3R05-205-

Temple 020953724G

54397

Mfg. LABCONCO; Model: 72804; Room: 3R08-205-

Temple 020953726G

54398

Mfg. LABCONCO; Model: 72804; Room: 3R21-205-

Temple 020953723G

54399

Mfg. LABCONCO; Model: 72804; Room: 3R03-205-

Temple 020953728G

54400

Mfg. LABCONCO; Model: 72804; Room: 3R29-205-

Temple 020953730G

54401

Mfg. LABCONCO; Model: 72804; Room: 3R15-205-

Temple 020953725G

54402

Mfg. LABCONCO; Model: 72804; Room: 3R34-205-

Temple 020953716G

54403

Mfg. LABCONCO; Model: 3620804; Room: 3R25-

205-Temple 020953715G

54404

Mfg. LABCONCO; Model: 3620804; Room: 3R36-

205-Temple 020823624A

54405

Mfg. LABCONCO; Model: 3620804; Room: 3R09-

205-Temple 020923815A

54406

Mfg. LABCONCO; Model: 3620804; Room: 3R04-

205-Temple 020823293A

54407

Mfg. LABCONCO; Model: 3620804; Room: 3R20-

205-Temple 020923814A

54408

Mfg. LABCONCO; Model: 3620804; Room: 3R24-

205-Temple 020823625A

54409

Mfg. LABCONCO; Model: 3620804; Room: 3R17-

205-Temple 020823629A

54457

Mfg. NUAIRE; Model: NU201630; Room: 3R27-

205-Temple 80214101002

54458 Mfg. NUAIRE; Model: NU201630; Room: 3R27-

205-Temple 80205101002

54460 Mfg. NUAIRE; Model: NU201630; Room: 3R24-

205-Temple 80206101002

54462 Mfg. NUAIRE; Model: NU201630; Room: 3R09-

205-Temple 80208101002

54464 Mfg. NUAIRE; Model: NU201630; Room: 3R20-

205-Temple 80209101002

104734 Mfg. BAKER CO; Model: SG403A-HE; Room:

1B206-7901-Austin 108536

110230 Mfg. NUAIRE Inc.; Model: A2; Room: 3R30-205-

Temple 160830122613

129129 Mfg. LABCONCO; Model: A2; Room: 1A157I-4-

Waco 160323302

129130 Mfg. LABCONCO; Model: B2; Room: 1A157J3-4-

Waco 160322797

129131 Mfg. LABCONCO; Model: B2; Room: 1A157J2-4-

Waco 160322803

129132 Mfg. LABCONCO; Model: B2; Room: 1A157J2-4-

Waco 160322763

138428 Mfg. Mortech Industries; Model: GL10572; Room

1D108-163-Temple 08492

N/A Backflow vent in room 1D108-163-Temple N/A

N/A Backflow vent in room 1D108A-163-Temple N/A

N/A Backflow vent in room 1D108C-163-Temple N/A

SECTION C - CONTRACT CLAUSES

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

52.232-40

852.212-73

PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

GRAY MARKET AND COUNTERFEIT ITEMS—

INFORMATION TECHNOLOGY MAINTENANCE

ALLOWING OTHER-THAN-NEW PARTS

DEC 2013

MAR 2020

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar days prior to contract expiration.

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days prior to contract expiration; provided that the Government gives the

Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(AUG 2020)

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

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

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

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

[] (5) [Reserved]

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

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

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

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

Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15

U.S.C. 657a).

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

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

[] (13) [Reserved]

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

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

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

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

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

(3)).

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

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

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

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

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

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

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

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

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

637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15

U.S.C 632(a)(2)).

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

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020)

(15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

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

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

(E.O. 13126).

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

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

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

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

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

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

793).

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

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

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

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

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

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

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

8259b).

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

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

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

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

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

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

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

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

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

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

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

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

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

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

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

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

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

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

637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

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

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

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

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

chapter 67).

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

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

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

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

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

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

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

[] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

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

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42

U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

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

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR

19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and

E.O. 13627).

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

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

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

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

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

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

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

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

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

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

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

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

C.4 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.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

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

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

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

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

Index.

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

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

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

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

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

Aside.

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[X] 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)

SECTION E - SOLICITATION PROVISIONS

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS JUN 2020

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

The following is incorporated into 52.212-1 as an addendum to this solicitation:

TECHNICAL QUESTIONS:

Technical questions shall be accepted by the Government in writing via email only no later than

12:00 PM Central Time (CT), November 9, 2020. Please list “Technical Questions –

36C25721Q0040 Fume Hood Calibration and Certification” in the subject line of the e-mail and send to Juan Martinez, Contract Specialist, at Juan.Martinez4@va.gov . Please include in your questions the section of the solicitation/page number that your question is referencing.

OFFER SUBMITTAL INSTRUCTIONS:

1) Offeror shall submit offers by Due Date/Time specified in Block 8 of the Standard Form (SF) 1449 of the solicitation to Juan Martinez, Contract Specialist, at Juan.Martinez4@va.gov .

2) By signing the Standard Form (SF) 1449/Solicitation, Contractor attests acknowledgement of receipt of all solicitation amendments if applicable.

3) Offeror must complete and return the signed SF 1449 and the Price Schedule (Section B)*.

4) Offeror must complete and return the highlighted certifications at FAR 52.212-3(b)(2) and

FAR 52.212-3(v)(2).

5) Offeror must submit all required evaluation documents as stated in the Basis for Award, specifically evidence of experience providing Fume Hood Calibration and Certification services.

6) Subject line of e-mail shall be “Quote – 36C25721Q0040 Fume Hood Calibration and Certification”.

*Pricing: Contractor shall submit unit prices rounded to the nearest hundredth for each line item. Please ensure unit price and total amounts are correct.

Period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

Failure to submit a complete offer may result in a non-responsive determination.

mailto:Juan.Martinez4@va.gov mailto:Juan.Martinez4@va.gov

E.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (AUG 2020)

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;

https://www.sam.gov/

(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.

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. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less…