36C25920Q0113-000.docx

36C25920Q0113

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/UPM Maintenance Overhaul, Preventative Maintenance, & Service Agreement Plan 80111 36C25920Q0113 01-02-2020 N

SDVOSBC

811219 Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 Cheryl Sisco Cheryl.Sisco@va.gov Department of Veterans Affairs Veteran’s Health Administration Waco Call Center 4800 Memorial Drive, Bldg 90 Waco, TX 76711 United States

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 36C25920Q0113 is issued as a request for quote (RFQ).

3. This acquisition is a 100% Service Disabled Veteran Owned Small Business. 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://www.acquisition.gov. The Government contemplates an award of a 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) & Uninterrupted Power Modules (UPM) Maintenance Overhaul and Preventative Maintenance Service Agreement within its Member Services Call Center located in Waco, Tx.

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 (4) 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 January 02, 2020 @ 4:30 PM EST. All questions/inquiries must be submitted to the contract officer via electronic mail (e-mail) not later than December 23, 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 Suzanne Sisco via email to: cheryl.sisco@va.gov

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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

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20.

21.

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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. C ONTRACT/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

702-20-1-2361-0011 36C25920Q0113 12-18-2019 Cheryl Sisco

(303) 712-5840 01-02-2020

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 $15 Million Net 30 x Department of Veterans Affairs Veteran’s Health Administration Waco Call Center 4800 Memorial Drive, Bldg. 90 Waco TX 76711 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 & UPM Maintenance Overhaul & Preventative Maintenance Service Agreement Period of Performance:

Base: 01-31-2020 to 01-30-2021 Option Year 1: 01-31-2021 to 01-30-2022 Option Year 2: 01-31-2022 to 01-30-2023 Option Year 3: 01-31-2023 to 01-30-2024 Option Year 4: 01-31-2024 to 01-30-2025 *Please contact Jesse McCoy @ (254) 755-0625 or jesse.mccoy1@va.gov to schedule a site visit. The loca tion of the site visit is 4800 Memorial Drive, Bldg. 90, Waco, TX 76711. Possible site visit opportunities will be held on 12-23-2019, 12-26-2019, or 12-30-2019 from 0730 to 1330.

LOA#:

702-3600152-2361-862000-2580 SPG0A00A7

2237#: 702-20-1-2361-0011 x x x one Erica A Blake

VA-VHA-SAOW-2019-B0D0EABF

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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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Base Year: 01-31-2020 to 01-30-2021

Option Year 1: 01-31-2021 to 01-30-2022

Option Year 2: 01-31-2022 to 01-30-2023

Option Year 3: 01-31-2023 to 01-30-2024

Option Year 4: 01-31-2024 to 01-30-2025

B.3 STATEMENT OF WORK

VHA Member Services (Waco Call Center) Waco Building 90 Uninterrupted Power Sources/Modules (UPS/UPM) Maintenance Overhaul, Preventive Maintenance, and Service Agreement Plan

1. Introduction/Background:

The Veterans Health Administration (VHA) Member Services has a requirement for 2ea uninterrupted power source (UPS) units (Eaton 9390 and Mitsubishi 9900) to be maintenance overhauled and accepted into a preventive maintenance and service agreement plan; and 2 ea uninterrupted power modules (UPM) Eaton 93M units to be accepted into a preventive maintenance and service agreement plan. A total of 2 UPS will need overhaul. A total of 4 UPS/UPM units will need a preventative maintenance agreement. This all encompassed UPS/UPM maintenance overhaul, preventive maintenance and service agreement plan includes periodic battery maintenance checks of 160ea batteries, 4ea battery cabinet checks, and four remote panel monitors that assures serviceability and load time of at least 200 minutes of battery backup power runtime per UPS/UPM unit at 4800 Memorial Drive, Bldg. 90, Waco, Texas 76711.

Justification for the requirement is that UPS power load profiles change over time. If the UPS/UPM are not addressed properly by a trained expert in a timely manner, issues can arise. Studies show that mean time between failures for UPSs that receive preventive maintenance twice a year are more than 20 times better than for UPSs that receive no preventive maintenance.

There are numerous reasons why UPSs fail. The most common causes are: 1. Batteries. Studies show that a leading cause of UPS failures is bad batteries, with temperature and cumulative discharges cited as the primary culprits. 2. Fans. Some fans fail because of their own electrical or mechanical limitations or when their ball bearings dry out. Fans may perform well for more than 10 years of continuous use, while others run for only short periods before locking up for mechanical reasons. 3. Capacitors. Like batteries, capacitors degrade over time. When a capacitor fails, there may not be any immediate visible effects. 4. Transient spikes. Damage may be caused to the input side of the UPS (filter/rectifier) when a transient lightning spike occurs. Both the UPS Eaton 9390 and Mitsubishi 9900 have been in operation since year 2008 with no supporting maintenance agreement plan. The two new 93M units were recently installed (May 2019) due to a completely inoperable/failed UPS.

In Waco, Bldg. 90, the UPS’/UPMs’ supplies backup emergency power to the facility communication servers (connected VA nation-wide), desktops/workstations including computer systems, power outlets, and the facility HVAC system consisting of four facility air handling units. VHA Member Services is a major contributing player on the national stage of service numbers provider. Proper maintenance overhaul, preventive maintenance and service agreement plan applied reduces the risk of UPS/UPM system failures throughout its’ lifecycle including a base year contract with follow-on option years. Such preventive maintenance and service agreement plan include preventive maintenance scheduling, preventive maintenance checks and services, repairs, replacements, and emergency repairs, all including materials/parts (w/fans and capacitors), labor, periodic inspections (annual/semi-annual), cleaning, testing, calibrating various electronic and mechanical components, and maintenance checks on all associated batteries (160ea).

2. Objective:

The ability to continue operations is essential to the mission of this organization. In order to avoid catastrophic failure of these systems regular maintenance is essential.

3. Scope of Work:

The scope of work includes a maintenance overhaul of 2ea UPS (1ea Eaton 9390 and 1ea Mitsubishi 9900) and Preventive Maintenance, and Service Agreement Plan for 4ea UPS/UPM units (1ea Eaton 9390, 2ea Eaton 93Ms, and 1ea Mitsubishi 9900). There are 160ea batteries (120ea PWHR12-390 and 40ea PWHR12-280) that require periodic maintenance checks and services (install date was 2 January 2018) as well as four electronic/digital UPS/UPM remote panel monitors that require software and firmware updates assuring connectivity to four existing UPS’/UPMs with communication cards located in rooms A112, A105E and B106E.

4. Requirements:

By performing maintenance overhaul, preventive maintenance and service agreement plan by inspecting, replacing, repairing, servicing, upgrading, updating, and testing UPS/UPM internal components as required, it will extend the service life of the UPS’/UPMs’ and restore maintain, and or sustain the units at OEM industry standards. The selected contractor to properly plan, design, and coordinated with the VHA Member Services Contracting Officer Representative for acceptable schedule to perform the maintenance overhaul and preventive maintenance agreement plan. The contractor shall provide all materials/parts including fans and capacitors, upgrades, updates, tools, labor, and warranty required to complete the Maintenance Overhaul and Preventive Maintenance Service Agreement Plan along with periodic battery maintenance checks and battery cabinets checks. The selected contractor shall produce specific deliverable as specified in the requirement section of this SOW.

As part of the UPS/UPM Maintenance Overhaul, Preventive Maintenance and Service Plan it includes quarterly maintenance checks of all 160ea backup batteries. Battery cabinets of four existing UPS’/UPMs, and four UPS/UPM remote panel monitors at VHA, MS, Waco Call Center, Bldg. 90, Waco, TX.

All contract performance tasks are designed to be performed semi-annually, annually, including 4ea battery checks per year (quarterly) during duty hours operation (7am to 7pm). The Maintenance Overhaul for the Mitsubishi (9900-80) & the Maintenance Overhaul for the Eaton (9390) will be performed one time within Ninety (90) days after contract award. The Preventative Maintenance Service performed on battery cabinets and remote panel monitors will be performed semi-annually. Emergencies after hours support is from 7pm to 7am, period of performance includes 24X7 w/Parts & Labor, and 8hrs response time. Work to be performed in the bypass mode except once a month on Wednesdays from 6:00am 8:00am or when VA CTX Maintenance & Operation Department is performing Joint Commission backup power testing or mandatory scheduled power outages. The below are included in the UPS/UPM Maintenance Overhaul, Preventive Maintenance and Service Plan requirements to maintain and sustain UPS’/UPMs functional capabilities:

4.1 Visual Inspection

a. Inspect all printed circuit board connections for cleanliness, swab contacts if necessary.

b. Inspect all power connections for signs of overheating.

c. Inspect all subassemblies, bridges and legs for signs of component defects or stress.

d. Inspect all DC capacitors for signs of leakage.

e. Inspect all AC capacitors for signs of leakage.

f. Inspect and inventory all customer-owned spare parts.

g. Inspect for, and perform as required, any open engineering changes.

h. If work is completed under a service plan contract, inspect battery monitoring system.

i. Inspect all remote panel monitors for unserviceability, non-connectivity, and outdated firmware that are not compatible with UPS/UPM units.

j. Inspect UPS/UPM display assemblies for signs of corrupted data and faulty digital readings.

4.2 Internal Operating Parameters

a. DC Ground Detection Offset (if applicable).

b. Inverter leg current average balance (if applicable).

c. Output filter current average phase balance.

d. Rectifier bridge current average leg balance.

e. AC Protection settings are checked.

f. DC Protection settings are checked.

g. Input and Output Frequency and Voltage Bandwidth settings are checked.

h. Verify DC filter capacitance.

i. Verify AC tank and trap filter capacitance.

j. Power Supply voltages and waveforms.

k. Update firmware as necessary with customer approval (parts if required are included at no charge under service agreements with full parts coverage, otherwise billable).

l. Evaluate Field Service Bulletins (FSBs) for potential updates (parts if required are included at no charge under service agreements with full parts coverage, otherwise billable).

4.3 External Operating Parameters

a. System Input Voltages (all phases).

b. System Input Currents (all phases).

c. DC Charging Voltages (float and equalize), record settings, adjust to nominal.

d. Rectifier phase on and walk up.

e. Inverter phase on and walk up.

f. Adjust all panel meters to measured values.

g. System Bypass Voltages (all phases).

h. Manual and UV Transfer (load bank) Testing, verify uninterrupted transfer waveform (if applicable).

i. Outage simulation, and battery capability testing, and verify charger current limit.

j. Generator operation and interface verification (if applicable).

4.4 Environmental Parameters

a. UPS area ambient temperature and condition of ventilating equipment.

b. General Cleanliness of UPS Power Module.

c. General Cleanliness of UPS area.

d. Replace air filters as applicable and necessary (parts if required are included at no charge under service agreements with full parts coverage, otherwise billable).

e. Clean outside of UPS including control panel/CRT screen.

f. Flywheel only: Drain oil and change oil and filters.

NOTE: One (1) oil and filter change per year.

4.5 Battery Cabinet Checks, Service, Repairs, and Replacements according to IEEE 1188 Battery Industry Standards

a. General appearance of Battery System (all types); service, repair or replace as necessary.

b. General cleanliness of Battery System area (all types); service, repair or replace as necessary.

c. Inspect cells for physical abnormalities; service, repair or replace as necessary.

d. Inspect all DC connections for abnormalities; service, repair or replace as necessary.

e. Battery System area ambient temperature and condition of ventilating equipment.

f. For internal batteries measure, service, record, and replace batteries as needed:

i. Overall battery float voltage; service, repair or replace as necessary.

ii. Charger output current and voltage; service, repair or replace as necessary.

iii. Negative terminal temperature of one cell/battery per battery cabinet shelf or rack tier; service, repair or replace as necessary.

iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330); serviced, repair or replace as necessary.

g. Service, repair, replace batteries and battery compartment/cabinet components as necessary or when batteries and components shelf life is reached in accordance with IEEE 1188 Battery Industry Standards.

4.6 Monitoring System Parameters

a. Alarm archive review and printing.

b. Alarm lamp test-local and remote (if applicable).

c. Replace all open monitor bulbs.

d. If work is completed under a service plan contract, inspect battery monitoring system.

e. Review Battery Test in history (if applicable).

f. Remote Panel Monitors are fully operational and updated to support and display UPS/UPM functions.

g. Communication cards are serviceable and updated with the latest firmware to allow functional and usable connectivity between the remote panel monitors and UPS’/UPMs.

4.5 Emergency Repairs and Service

Emergency after hours support is from 7pm to 7am. Period of performance includes 24X7 response w/Parts & Labor, and an eight (8) hour response time. All emergency repairs will be quoted and approved by the COR before proceeding with emergency repairs.

5. General

5.1 Customer Consultation

Through customer service consultations, the contractor address customer inquiries and resolve customer issues via documentation and plan of action. The contractor keeps customer aware of any problems for instance UPS/UPM meantime between failure matters, parts availability, delays, or obsoletions (known or forecasted) concerning the maintenance and sustainment of the UPS/UPMs.

5.2 Verbal Recommendations

Contractor provides recommendation options to customer when a new process or technology is available that provides better backup power and communication capabilities then current system of usage or life cycle replacement

5.3 General Observations

Contractor has technical abilities to notice operational and service details of the UPS/UPM and provides feedback to customer on how to maintain/sustain the UPS/UPM systems for optimal and continuous usage.

6. Place of Performance

The contractor shall provide UPS/UPM Maintenance Overhaul, Preventive Maintenance and Service Agreement Plan to include all 160ea backup batteries, battery cabinets, and remote panel monitors at the Waco Call Center, deliverable at 4800 Memorial Drive, Bldg. 90, Waco, TX 76711. The Point of Contact for this project is COR Jesse McCoy. The selected contractor and any sub-contractors the prime contractor utilize shall always have on their person a valid driver’s license or state issued identification card. No access to VA equipment of VA network shall be provided to the contractor.

7. Period of Performance

Within Ninety (90) days after contract award the maintenance overhaul is to be completed on the Eaton 9390 and Mitsubishi 9900; all 4 UPS/UPMs to be entered into a preventive maintenance service agreement comprised of a base year with 4 option years.

7.1 Maintenance Schedule

7.1.1 Maintenance overhaul Eaton 9390 – one (1) time within 90 days of contract award

7.1.2 Maintenance overhaul Mitsubishi 9900-80 - one (1) time within 90 days of contract award

7.1.3 Service Agreement Plan on 4 UPS/UPM- Battery check on 160 backup batteries – Quarterly

7.1.4 Service agreement Plan on 4 UPS/UPM– Battery Cabinets qty of four (4) – Semi-annually

7.1.5 Service Agreement Plan on 4 UPS/UPM – Remote Panel Monitors qty of four (4) – Semi-annually

7.2 Repairs & Replacement Parts

Required repairs found during regularly scheduled maintenance must be approved in advance by the COR. Replacement parts do not have to be brand name but need to be compatible to the existing unit.

8. Mandatory Task and Deliverable:

Following the UPS/UPM Maintenance Overhaul, Preventive Maintenance and Service Agreement Plan including the batteries, battery cabinets, and remote panel monitors, the contractor shall provide a written report detailing the results of the system(s) inspections, and making specific recommendations toward future remedial action, upgrades, or sparing. The contractor shall ensure a supervisor with at least an OSHA 10-hour General Industry Safety and Health certification is on-site during any performance of work. Contractors shall be escorted the first time by VHA Member Services representative on site where UPS’/UPMs and associated equipment are located.

9. Site Visit

See block 20 on Page 1 the 1449

10. Security Accreditation Package is not required

C&A requirements do not apply.

11. Quality Control

The contractor for the UPS/UPM Maintenance Overhaul, Preventive Maintenance and Service Plan shall develop and maintain an effective quality control program applying industry standards UL 1778, UL 924, UL 60950-1, Articles 701 & 702 of the National Electrical Code, ANSI/NFPA 70, and IEEE 1188 to ensure all maintenance services are performed in accordance with the SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is how the contractor ensures their work complies with the requirement of the contract. The Contractor shall be responsible for quality control (QC) for all work accomplished during the performance of this contract. Work and documentation produced by the selected contractors may be regularly reviewed by the Contracting Officer Representative (COR).

36C25920Q0113 Note: How to maintain a UPS?

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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…