36C25919Q0243-000.docx

VA259-17-Q-0366

FedBizOpps Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 S 660-19-1-5030-0004 Life Safety Devices Inspection, Testing

(VA-19-00009347)

80111 36C25919Q0243 05-01-2019 N 423990 Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 Timothy J. Myers timothy.myers5@va.gov Department of Veterans Affairs Network Contracting Office 19 6162 S. Willow Drive Greenwood Village, CO 80111-5113 timothy.myers5@va.gov timothy.myers5@va.gov Life Safety Devices Inspection, Testing, and Maintenance (ITM)

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

660-19-1-5030-0004 36C25919Q0243 04-09-2019 Tim Myers, Timothy.Myers5@va.gov 303-712-5820 05-01-2019

4:00 PM EST

Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 423990 $27.5 Million N/A X Department of Veterans Affairs Network Contracting Office 19 6162 S. Willow Drive, Suite 300 Greenwood Village CO 80111 Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Electronic Payment Requests Submit Invoice at:

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

See CONTINUATION Page Life Safety Devices Inspection, Testing, and Maintenance

(ITM)

Period of Performance: 05-20-2019 to 05-19-2024 See CONTINUATION Page

LOA #: 660-3690162A1-5030-855100-2543 0100501X2

2237 #: 660-19-1-5030-0004 X X X one Timothy J. MyersPCOE15L3-2709 Contracting Officer Combined Synopsis/Solicitation for Life Safety Devices Inspection, Testing, and Maintenance (ITM)

1. This is a combined synopsis/solicitation for commercial items and services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. Solicitation number 36C25919Q0243 is issued as a request for quote (RFQ).

3. This acquisition is a 100% Service Disabled Veteran-Owned Business (SDVOSB) set aside. The North American Industry Classification System (NAICS) code is 423990 – Fire extinguisher sales combined with rental and/or service, merchant wholesalers .

4. FAR Clauses 52.212-1, 52.212-2, 52.212-4 and 52.212-5 apply to this procurement. For the exact text and wording of clauses and provisions please see http://farsite.hill.af.mil. The Government contemplates an award of a Firm Fixed Priced 100% SDVOSB Set-Aside LPTA Contract resulting from this solicitation. See attached RFQ document for a list of all contract clauses and provisions.

5. Description of services: The VA Salt Lake City Health Care System (VASLCHCS) located at George E. Wahlen SLC VA Campus, 500 Foothills Drive, Salt Lake City, UT 84148, is comprised of 3 patient care buildings and 25 support buildings. VASLCHCS is looking to establish a contract with a contractor to perform ITM services for fire extinguishers, automated external defibrillators (AED), emergency eyewashes, and emergency showers as defined in this Statement of Work. The Contractor shall provide services from 05-20-2019 to 05-19-2020, plus four option years to be exercised at the Government’s discretion.

6. See Addendum to 52.212-1 Instructions to Offerors on the attached RFQ document for information on what to submit with your offer.

7. Offers are due not later than May 1, 2019 @ 4 PM EST. All questions/inquiries must be submitted to the contract officer via electronic mail (e-mail) not later than April 16, 2019 @ 10 AM EST. Inquiries submitted via telephone calls will be re-directed to an e-mail submission.

8. Submit offers or any questions to the attention of Timothy Myers via email to: Timothy.Myers5@va.gov.

Table of Contents

B.2 STATEMENT OF WORK……………………………………………………………………………8

36C25919Q0243

Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

Contractor Name:

Address:

City/State/Zip:

Contact Name:

Telephone Number:

Fax Number:

Email:

*DUNS Number: _________________________________

*Tax Identification Number (TIN): _________________________________

*CAGE Code: _________________________________

b. GOVERNMENT: Timothy Myers, Contracting Officer 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 Timothy.Myers5@va.gov

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 Financial Service Center PO Box 149971 Austin TX 78714-9971

Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Invoice requirements are currently as follows: Invoice Number, Invoice Date, Purchase Order Number, Unit Price, Quantity and Unit of Measure, Total Invoice Price, Ship-To Location Name and/or code, Receipt of Goods/ Services, Invoice Payment Terms.

Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp. It states:

4.1. FSC Mandatory Electronic Invoice Submission: The Department of Veterans Affairs published a final rule in the Federal Register on November 27, 2012 to require contractors to submit payment requests in electronic form in order to enhance customer service, departmental productivity, and adoption of innovative information technology, including the appropriate use of commercial best practices. The rule is effective December 27, 2012.

4.2. Vendor Electronic Invoice Submission Methods: Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

4.3. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, TUNGSTEN NETWORK (formerly OB10), to transition vendors from paper to electronic invoice submission. Please see TUNGSTEN NETWORK contact information below to begin submitting electronic invoices, free of charge.

4.4. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

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

4.5. Vendor e-Invoice Set-Up Information: Please contact TUNGSTEN NETWORK at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or TUNGSTEN NETWORK, please contact the FSC at the phone number or email address listed below:

a. TUNGSTEN NETWORK e-Invoice Setup Information: 1-877-489-6135;

b. TUNGSTEN NETWORK e-Invoice email: VA.Registration@ob10.com;

c. FSC e-Invoice Contact Information: 1-877-353-9791; and

d. FSC e-invoice email: vafsccshd@va.gov

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

NOTE: To receive a government contract, Contractors SHALL be registered in System for Award Management (SAM). A System for Award Management (SAM) check will be performed prior to award https://www.sam.gov/portal/public/SAM/.

PRICE/COST SCHEDULE

Base Year Period of Performance: 20 May 2019 – 19 May 2020

ITEM

NO

DESCRIPTION

EST

QTY

UNIT

UNIT

COST

TOTAL

COST

Grand Total $

Option Year One Period of Performance: 20 May 2019 – 19 May 2020

ITEM

NO

DESCRIPTION

EST

QTY

UNIT

UNIT

COST

TOTAL

COST

Grand Total $

Option Year Two Period of Performance: 20 May 2019 – 19 May 2020

ITEM

NO

DESCRIPTION

EST

QTY

UNIT

UNIT

COST

TOTAL

COST

Grand Total $

Option Year Three Period of Performance: 20 May 2019 – 19 May 2020

ITEM

NO

DESCRIPTION

EST

QTY

UNIT

UNIT

COST

TOTAL

COST

Grand Total $

Option Year Four Period of Performance: 20 May 2019 – 19 May 2020

ITEM

NO

DESCRIPTION

EST

QTY

UNIT

UNIT

COST

TOTAL

COST

Grand Total $

36C25919Q0243

STATEMENT OF WORK

Life Safety Devices Inspection, Testing, and Maintenance (ITM)

VA SALT LAKE CITY HEALTH CARE SYSTEM

1. GENERAL

1.1 General: This is a non-personal services contract to provide life safety devices inspection, testing, and maintenance (ITM) services. The Government shall not exercise any supervision or control over the service providers providing the services described herein.

1.2 Description of Services/Introduction: The Contractor shall provide all personnel, transportation, material, equipment, supplies, facilities, supervision, other items and non-personal services necessary to perform ITM services for fire extinguishers, automated external defibrillators (AED), emergency eyewashes, and emergency showers as defined in this Statement of Work. The Contractor assumes all liability risks for work performed under this contract. The Contractor must assume total liability for all contract employees. The Contractor shall perform to the standards of the contract.

1.3 Period of Performance: One Base year plus 4 option years

2. BACKGROUND

The VA Salt Lake City Health Care System (VASLCHCS) is comprised of 3 patient care buildings and 23 support buildings that require ITM services for life safety devices (fire extinguishers, AEDs, emergency eyewashes, and emergency showers). Geographically the facility is located in Salt Lake City, Utah. VASLCHCS requires a single Contractor with the ability to perform life safety devices inspection, testing, maintenance (preventative and corrective) (ITM) of all devices across the buildings. The Contractor shall coordinate database updates of all ITM as defined in the most current editions of the Joint Commission (TJC) standards, National Fire Protection Association (NFPA) codes, American National Standards Institute (ANSI), and VA directives with the VA Contracting Officer’s Representative (COR). The VA shall maintain the database.

3. CONTRACTOR QUALIFICATIONS

3.1 Technician/Dealer/Contractor Certifications: The Contractor must be qualified and experienced in accordance with NFPA 10 and NFPA 101 requirements and ANSI Z358.1 standards. The Life Safety devices ITM may be supported by sub-contractors at the cost of the prime Contractor. The requirement for proof of certifications shall apply to all sub-contractors.

3.2 Risk Control: Prior to work at the Medical Center:

3.2.1 Contractor must provide proof of tuberculosis (TB) testing for each Contractor employee working onsite. Testing results must be less than one year old.

· The cost of the TB test is the responsibility of the Contractor and/or Contractor employees and is not administered by the VA.

3.3 Safety and PPE equipment must be provided for each Contractor employee by the Contractor.

4. TASK SPECIFICATIONS

4.1 Life Safety Devices Inspection, Testing, and Maintenance (ITM): Contractor must be able to inspect, test, and maintain 100% of the life safety devices listed in accordance with the most recent addition of NFPA 10, NFPA 101, TJC, and ANSI Z358.1 standards and provide these services for the VA Salt Lake City campus.

4.2 Locations: Contractor shall provide Life Safety device ITM for the following location:

The SLC campus is composed of several buildings encompassing multiple life safety components. Buildings 1, 3, 14 (multi-storied Hospital buildings); 2, 45, 7, 26, 30, 35, 37 (Research buildings); 4, 6, 7, 8, 9, 38, 47 (support buildings); 5 (kitchen); 16 (multi-story office building); 27, 39, 40, 41, 42, 44 (engineering buildings); 18 (Emergency Management Warehouse); 32 (Fisher House); and 34 (propane storage) contain life safety components and are included in this contract.

4.3 Inspection & Testing Schedules: Contractor must be able to meet the following schedule:

A/S/M = All devices tested Annually, Semi-annually, and Monthly as defined in the most current edition of NFPA 10, NFPA 101, TJC, and ANSI Z358.1 standards.

M = All devices tested Monthly as defined in the most current edition of NFPA 10, NFPA 101, TJC, and ANSI Z358.1 standards.

· Contractor shall reconcile list of devices inspected and tested with master inventory list at the conclusion of inspection and testing cycle.

4.4 Fire Extinguishers

Contractor shall provide 100% ITM service for all fire extinguishers.

4.4.1 All fire extinguishers shall be checked monthly according to NFPA 10 standards. This shall be documented to TJC standards.

4.4.2 All fire extinguishers shall be inspected and maintenance performed annually according to NFPA 10 standards. This shall be documented to TJC standards. Half of the annual requirements shall be performed in January, the remaining half in July.

4.4.3 All fire extinguisher shall have 6 or 12-year maintenance performed if the extinguisher is due. This shall be determined by historical maintenance information provided by the VA.

4.4.4 All inspections and maintenance performed shall be documented utilizing a database maintained by the VA and by detailed invoice.

4.4.5 The Contractor shall provide all necessary test equipment and labor to perform required inspection, testing, and maintenance.

4.4.6 During all onsite work, the Contractor shall provide a daily in-brief prior to any work completed and out-brief prior to departure to the COR (or representative). A daily log of all activities shall be provided to the COR detailing work performed, condition found, corrective actions, and the as left condition by the Contractor on Contractor letterhead.

4.4.7 All fire extinguishers shall have a Unique Identifier (UID) number.

· VA shall provide a UID for every device.

· All inventories and inspection reports shall be organized by the UID.

· UID numbers shall never change over the lifetime of the device (cradle to grave data maintenance).

· UID numbers must never be re-used or re-issued to new devices from a previously retired device.

4.5 AED/Naloxone

4.5.1 Contractor shall provide 100% inspection service for the public access AED devices IAW the medical center policy.

At a minimum the following items shall be checked:

· Visual check of device – check for any obvious damage or missing parts

· Battery check – different models have different methods of warning about low battery.

· Check defibrillator pads are sealed and in-date

· Check spare defibrillator pads are sealed and in-date

· Check accessory equipment is present: towel, razor, CPR face shield, scissors, gloves, paperwork

· Check integrity and security of defibrillator cabinet

· Check naloxone (Narcan) is sealed and in-date.

· VA shall provide a UID for every device.

· All inventories and inspection reports shall be organized by the UID.

· UID numbers shall never change over the lifetime of the device (cradle to grave data maintenance).

· UID numbers must never be re-used or re-issued to new devices from a previously retired device.

4.6 Emergency eyewashes/showers

· VA shall provide a UID for every device.

· All inventories and inspection reports shall be organized by the UID.

· UID numbers shall never change over the lifetime of the device (cradle to grave data maintenance).

· UID numbers must never be re-used or re-issued to new devices from a previously retired device.

5. GOVERNMENT REQUIREMENTS

5.1 All Contractor employees dispatched to or working at any of the VA sites identified herein shall obtain and wear a VA issued badge while performing services. VA badges are to be obtained through coordination with the COR.

5.2 Contractor shall obtain work and safety permits from the VASLCHCS Safety Office.

5.3 Information Security

5.3.1 The Contractor shall not have access to the VA information system or access to government computers to access online resources while in the performance of services of the contract.

5.3.2 The Contractor shall not have access to Patient Health Information (PHI) while in the performance of services of the contract. In the event any confidential data is encountered, the Contractor shall act accordingly with the conditions set forth in the Privacy Act.

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

6. SPECIAL CONTRACT REQUIREMENTS

6.1 All Contractors working on the Salt Lake City VA campus are required to submit a current Health and Safety plan to the VASLCHCS Safety Office prior to beginning work.

6.2 Any incidents shall first be reported by telephone to the VASLCHCS Boiler Plant, 801.582.1565 x1043 who will contact the Safety Office immediately following discovery. Contractor notification must be followed up in writing to the Safety Manager and the COR (or Alternate COR), not later than five (5) days after the initial telephone report.

6.3 The contractor shall take every precaution necessary to protect all employees, the public and the environment from any hazards associated with the performance of this contract.

6.4 The Contracting Officer (CO) is the only person authorized to bind the Federal Government, and then only to the extent of the authority invested by appointment. The CO is responsible for the Contractor’s compliance with all the terms and conditions of the contract.

6.5 The COR is responsible for the inspection of the work called for in the contract schedule, including related specifications and contract terms regarding onsite work requirements.

6.6 The VA Safety & Occupational Health Manager is responsible for safety on site. Under OSHA 1926 multi-employer workplace guidelines, the VA Safety Manager may require the contractor to temporarily stop an activity if required OSHA safety measures are not in place. The Safety Manager will immediately contact the CO and/or COR for action.

6.7 No other office or individual has authority to act in any manner in behalf of the Federal Government on the performance of this contract. Any changes or questions regarding this contract will be referred to the CO by the COR, who in turn, will initiate necessary action.

6.8 The Contractor is reminded that they are working in a hospital environment. Keep the noise level down, dress appropriately, and keep equipment and tools locked or under control. Workers are expected to act professionally and abide by the rules of the medical center (no weapons, sexual harassment, language, etc).

6.9 Contractor has full use of public restrooms and may use the canteen.

Statement of Work Page of 5

SECTION C - CONTRACT CLAUSES

C.1 52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative—

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) above, the Government is entitled—

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of Clause) C.2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEPT 2007)

(a) Definitions. As used in this provision—"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of Provision) C.3 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

(a) Definitions. As used in this clause— "Agency" means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

"Covered Federal action" means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

"Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

"Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

"Officer or employee of an agency" includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

"Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

"Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

"Reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

"Recipient" includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

"Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

"State" means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern—

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services.

(i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, "professional and technical services" are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure.

(1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts.

(1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $150,000 under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding $150,000.

(End of Clause) C.4 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause)

C.5 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause) C.6 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of Clause)

C.7 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.