36C25920Q0050-000.docx

36C25920Q0050

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 J UPS System& Generator Maintenance Services 80111 36C25920Q0050 11-12-2019 N 811219 Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 Charlie Gritzmacher charles.gritzmacher@va.gov Department of Veterans Affairs Office of Communithy Care (OCC) Cherry Creek N. Drive Denver, CO 80209

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Combined Synopsis/Solicitation for UPS System and Generator Maintenance Services

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 36C25920Q0050 is issued as a request for quote (RFQ).

3. This acquisition is a 100% Small Business Set-Aside. The North American Industry Classification System (NAICS) code is 811219 – Other Electronic and Precision Equipment Repair Maintenance

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 an unrestricted Firm Fixed Price (FFP) contract resulting from this solicitation.

5. Description of services: In accordance with the Performance Work Statement (PWS) and price schedule, the Contractor shall price maintenance support for Uninterrupted Power Supply (UPS) systems and batteries within its leased Data Center, Hub Rooms, Heat Pumps, and the Backup Emergency Generators for the Office of Community Care (OCC) located in Denver, CO.

6. Period of Performance (POP): The POP shall be from the date of award for a 1 (one) 12 (twelve) month base-year period and one (1) twelve (12) month option period.

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

8. Offers are due November 12, 2019 @ 4:30 PM EST. All questions/inquiries must be submitted to the contract officer via electronic mail (e-mail) not later than November 07, 2019 @ 4:30 PM EST. Inquiries submitted via telephone calls will be re-directed to an e-mail submission.

9. Submit offers or any questions to the attention of Charlie Gritzmacher via email to: charles.gritzmacher@va.gov

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 ATTA

CHED

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 W

HICH 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

741-20-1-9070-0001 36C25920Q0050 11-04-2019 Charlie Gritzmacher

(303) 712-5700 11-12-2019

4:30 PM EST

36C259 Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 x x Y 811219 $20.5 Million Net 30 x Department of Veterans Affairs Office of Community Care (OCC) 3773 Cherry Creek N. Drive Denver CO 80209 36C259 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

UPS System & Generator Maintenance Services Period of Performance:

Base: 12-01-2019 to 11-30-2020 Option Year 1: 12-01-2020 to 11-30-2021

LOA#: 741-3600152-9070-866400-2580 SPW0LP8A1

2237#: 741-20-1-9070-0001 x x Erica A Blake

VA-VHA-SAOW-2019-B0D0EABF

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:

b. GOVERNMENT: Contracting Officer 36C259 Erica A. Blake / erica.blake@va.gov

Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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.

Electronic Payment Requests

Submit Invoice at:

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

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

36C25920Q0050

Table of Contents

Option Year 1:

B.3 PERFORMANCE WORK STATEMENT

VA Office of Community Care

UPS System and Generator Maintenance Services

1. Background:

VA Office of Community Care (OCC) requires backup power generation systems to support the Data Center, Telecommunications, and Emergency Lighting. OCC processes about 12 million claims per fiscal year and houses approximately 1,500 employees. The Logistics department is responsible for facilities management and requires contractor support for maintenance of our power generations systems.

2. Objective:

The ability to continue operations is essential to the mission of this organization. OCC requires a contractor to provide maintenance support for Uninterrupted Power Supply (UPS) systems and batteries within its leased Data Center, Hub Rooms, Heat Pumps, and the Backup Emergency Generators.

3. Scope:

The Data Center, Hub Rooms, Heat Pumps, and other systems require instantaneous or near-instantaneous protection from power interruptions by means of one or more attached batteries. The UPS systems protect data center servers and other systems from power outages of a duration of less than 20 minutes, which provides time to properly shut down, save data, repair, or continue operations from another source of power such as a backup generator. Backup Power Generator Systems are primarily used to support the data center, telecommunications, and emergency lighting. OCC maintains an independent Fire Control System that is separate from the system maintained by building management that requires annual maintenance as required by the Denver fire department. Semi-annual cleaning is required to prevent voiding maintenance agreements with servicing activities. All metal particulates outside of this equipment is required to be cleaned to prevent corruption of data.

4. Place of Performance:

VA OCC is located at 3773 Cherry Creek N. Drive, Denver CO 80209. This is a leased multi-use facility with normally scheduled Saturday operations. All generator work must be completed on Sundays.

5. Period of Performance: One 12-month base and one 12-month option year.

5.1 Generator Maintenance Schedule for Cummins 600 KW gen set:

Major Service - one per year Minor Service - one per year Fuel Sampling and Lab analysis - one per year Air Filters - parts only Transfer Switch

5.2 Generator Maintenance Schedule for Cummins 400 KW gen set:

Major Service - one per year Minor Service - one per year Fuel Sampling and Lab analysis - one per year Air Filters - parts only Transfer Switch

5.3 Annual PM Maintenance for FM200 Fire System:

Two (2) inspections per year

5.4 Uninterruptible Power Supplies (UPS):

Model #, Description, Total 9315-160 Battery, UPS 160kva, ET334ZBA02 2 EA 9315-160 Battery, UPS 160kva, ES396ZBA02 2 EA 9315-160 Battery, UPS 160kva, ER332ZBA06 2 EA 9315-160 Battery, UPS 160kva, ET372ZBA03 2 EA 9315-160 Battery, UPS 160kva, ET373ZBA10 2 EA 9315-160 Battery, UPS 160kva, ET375ZBA05 2 EA

5.6 Power Distribution Units (PDU):

PD084M48A12-125 PDU 125kva, 89820 1 EA SY084-48T12-125 PDU 125kva, 43836-04 1 EA PH13-1-1000-641 PDU 100kva, 110-0320A 1 EA PH13-1-750-641 PDU 75kva, 110-0320B 1 EA

5.7 Data Center:

Air Conditioner (AC) Data Center, 15 ton, 10 EA Dry Cool Data Center, 50 ton, 4 EA Circulating Pump Data Center, pump pkg, 9 EA

5.8 AC Hub Rooms, 3 ton, 6 EA

5.9 AC Misc. Locations, 1 ton, 19 EA

5.10 Heat Pumps, 10 EA

5.11 Perm Alert Water Detection System, 1 EA

5.12 Floor Cleaning 7650 Sq/ft, 1 EA

5.13 Phonetics Monitoring System, 1 EA

All repairs that are needed must be approved in advance, unless it is an emergency repair. Emergency repairs shall be reported to the Contracting Officer Representative (COR) as soon as possible, but no later than the next business day.

6. Scope of All-Inclusive Maintenance Agreement:

The following equipment is included in the maintenance contract for datacenter and generator maintenance for OCC.

1. Standby Generators

2. Transfer switches for generators listed above

3. FM200 fire suppression system

4. Uninterruptible Power Supplies

5. Battery systems for uninterruptible power supplies

6. Power distribution units located in data center

7. Process cooling computer room units (Data Center)

8. Dry Coolers attached to computer room cooling units

9. Pumps attached to dry coolers

10. Hub Room air conditioners

11. Misc air conditioners

12. Circulation pumps attached to heat pumps and hub room a/c units

13. Various heat pumps located throughout VA space

14. Underfloor water detection system

15. Raised access floor

16. Sensaphone and monitoring

6.1 Stand by Generators:

Generators will be serviced per manufacturers recommended procedures. At NO time will loads be transferred without the express permission of the COR.

ALL services and repairs, except emergency, will be done on SUNDAYS.

Any deviation to the Sunday schedule will be determined by the COR.

There shall be one Minor service and one Major service performed during the annual contract period.

The Description of the maintenance services are as follows:

6.1.1 Major Service:

This will include all items shown in Minor Service above and perform full service to the generator set engine including but not limited to: Change oil and oil filters, general lubrication, collect an oil sample for lab analysis, change air filters, change fuel filters clean the fuel strainers, collect a fuel sample for lab analysis, change the coolant filters, and collect a coolant sample for lab analysis. Completed Lab analysis to be submitted to COR. Transfer of load will NOT be done on any regular inspection. If a transfer is needed after a service call and repair, it should only be approved by the COR. All emergency service calls shall be responded to in 2 hours. All repairs will be on a time and material basis.

6.1.2 Minor Service:

Inspect individual systems, e. g. lube oil level and condition, radiator level and field test of DCA concentration of the coolant charge, load test and check specific gravity of the batteries, charge rate of the battery charging system, condition of belts and hoses, condition, operability and performance of the jacket water keep warm system and protective devices (alarms and shutdowns) are all examples of minor service activity. Included also would be checks and settings of the automatic transfer switch functions, such as, indicator light functions, and cool down, and programmed transition settings. Minor service includes fluid top-off and replacement of minor items such as indicator lights.

6.1.3 Transfer Switch:

Switch shall be inspected per manufacturers recommended procedures with one exception. There will be NO transfer during any maintenance activity. Any transfer will only be done upon approval by the COR. All normal services will be performed on Sundays. Emergency service calls as required. All repairs will be on a time and material basis.

6.2 FM200 System:

Building Management must be notified prior to any work being done on FM fire system. Contractor will verify that the system is taken off line by the building engineer before any testing is done.

The following scope is to be performed twice annually per fire codes and tag marked accordingly:

· Verify that all alarm, trouble, and supervisory signals from the FM200 panel are transmitted to the base building fire system.

· Activate smoke detectors and ensure that the appropriate alarm signal is received by the FM200 panel.

· Verify that the appropriate Audible/Visual devices sound the correct tone on a single smoke detector being triggered.

· Verify that the appropriate Audible devices sound the correct tone on a 2nd smoke detector being triggered.

· Verify the time delay before FM-200 discharge is 30 or 60 seconds based on system program.

· Verify that the Abort switch stops the Time Delay. Verify the Abort Switch restarts the timer.

· Verify the expiration of the time delay activates the solenoid on all tanks.

· Verify that all exit strobes are activated only on FM-200 discharge.

· Test the Manual release stations to ensure the solenoids activate with NO delay.

· Check weight and pressure of all tanks

· Verify all bracketing to be secure

· Verify all FM-200 discharge nozzles are in place and secure.

· Inspect piping system and associated hangers and support.

· Inspect entire protected space to ensure that no openings exist that would allow gas leakage

· Inspect motorized dampers for correct operation.

· Check batteries for proper function. Replace every three years per fire code.

· Verify that maintenance bypass switch disables the appropriate devices for any dust producing activities,

· soldering or welding.

· Vendor will provide training for agency personnel annually on the use of the FM 200 Fire Suppression System.

Any repairs or service calls on the system will be on a time and materials basis.

6.3 Uninterruptible Power Supplies (UPS):

Contractor is responsible for receiving all ALERTS of UPS systems disruptions 24 hours a day, seven days a week, 365 days a year. All labor, parts, and incidental expense are to be quoted prior to authorized repairs. If contractor uses any sub-contractor in any phase of maintenance, Contractor will have a representative accompany and supervise this activity. UPS (12) units will be inspected per manufacturer’s recommended PM procedures with some exceptions. NEVER put any UPS with load on bypass during maintenance. Vendor shall NEVER power off any UPS with load during maintenance. All meter readings and downloaded information will be given to the COR in a written work order. Emergency calls (alert) shall be responded to within 2 hours.

6.4 Battery Systems (UPS):

Batteries will be checked twice per year. Load tests will be performed on each of 480 batteries once per year and a basic voltage check on the second inspection. Each inspection will also include visual inspection of all batteries, connections and cabinet conditions as needed.

6.5 Power Distribution Units (PDU):

Each unit will be inspected annually for any loose connections, dirt and debris, and any cleaning required. Each distribution circuit shall be measured and recorded on an excel spreadsheet and any circuits at maximum for the breaker will be noted to the COR. Maximum shall be defined to be 80% or breaker rating. No part of any unit will be powered down without express approval of the COR.

6.6 Process cooling units (Data Center):

Contractor shall provide preventive maintenance on the data center units. Work orders will be filled out for each machine with the results of the preventive maintenance inspection and any notes for repairs recommended. These will be given to the COR at completion of inspections. Contractor will respond to any emergency service call 24 hours a day, seven days a week, 365 days a year. Parts and labor will be charged at standard or overtime rates as applicable.

6.7 Dry Coolers and Pumps:

Contractor shall inspect all motors, fans and pumps for any malfunction and report any findings via completed work order. As required, units will be cleaned using power washer to clear any foreign debris from fins. Any emergency repairs or planned service from PM findings shall be time and materials.

Hub room air conditioners Units/OCC Heat Pumps shall be inspected monthly as well as circulation pumps and condensate pumps. Results to be reported via completed work order. Any emergency repairs or planned service from PM findings shall be time and materials.

6.8 Miscellaneous Heat Pumps:

Heat pumps in occupied space, ie: training rooms or offices shall be inspected after hours so as to not disrupt normal OCC business operations. All findings to be reported as above, and any emergency repairs or planned service from PM findings shall be time and materials.

6.9 Under Floor Water Detection System:

System shall be inspected quarterly to including all cabling throughout data center for proper operation, and report provided to the COR.

6.10 Raised Access Floor (7650 square feet):

The raised access flooring system shall be cleaned once annually. This cleaning shall consist of, but not be limited to the following:

· Vacuum all surface of the floor in place using Hepa Vac system to prevent distribution of dirt and dust particles. Vacuum under floor base concrete by removing some tiles as needed. No more than 5 floor tiles will be removed from the floor at any one time and no more than two in a row.

· All stringers and understructure shall be cleaned and tightened as needed.

· Floor will be “dry mopped” and treated with a product such as Rise to restore anti-static capabilities.

· All floor panels and lifters will be returned to proper location upon completion.

6.11 Sensaphone and Monitoring Phonetics:

Contractor shall test and inspect unit twice yearly to verify correct operation. Contractor shall program unit to notify contractor on a 24 hour a day, 7 days a week, 365 day a year basis of any equipment failure, confirm receipt and respond to service call (Alert). If contractor is not cleared by VA security for access, he/she shall immediately phone the COR to arrange for escort as required.

7. General:

If at any time, a sub-contractor is brought in to perform a task, the contractor will have a supervisor on site to ensure the complete performance of all tasks. This person will ultimately be responsible for all performed activities. All maintenance activities will be scheduled with the COR with at least a one-week prior notice. All maintenance records will be kept for 3 years after contract period for auditing by the VA if necessary. All contractor personnel and subcontractors working on site shall be subject to background investigations by the VA. Further, the Contractor shall be responsible for the actions of all individuals provided to work for the VA under this contract/task order. If damages arise from work performed by Contractor provided personnel, under the auspices of this contract/task order, the Contractor shall be responsible for all resources necessary to remedy the incident. In addition, the vendor selected to perform the requirements of this contract should understand that although selected for the services listed in this agreement, this agreement in no way obligates the government to contract this vendor for any service outside of this task order. With that there may be times when services may be contracted by another vendor separate from this vendor. For that purpose, any services not performed by the vendor selected to perform the requirements of this contract (i.e. those services sent for bid and not awarded to this vendor) will be monitored by the vendor to insure continuity and no disruptions to equipment operations. All services performed will be coordinated and monitored, and no service will be performed without VA coordination and consent. The only exception to this rule will be at the discretion of the COR.

8. Government Responsibilities:

The VA will escort and monitor all services performed by this vendor and be responsible for coordinating all activities with the appropriate facility staff and management.

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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 (JUL 2013)

(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 database via https://www.acquisition.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 (JAN 2017)

(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. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN).