36C25921Q0446 0001.docx

36C25921Q0446 P0001

5. PROJECT NUMBER (if applicable)

CODE

7.

ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF

PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE

OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERE

D CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendmen t, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED

STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF

CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF

SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 07/21/2021 None 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 To all Offerors/Bidders

36C25921Q0446

X X

07/22/2021 AT 11:00 CST

X The purposed of this amendment is to provide the following performance work statement which replaces all previous performance work statements.

Changes in the performance work statement are in the following areas Purpose, Background, and Task and Requirements table.

All other terms and conditions re main unchanged.

Monica Gary B.3 Performance Work Statement

ELEVATOR AND DUMBWAITER INSPECTION

GENERAL INFORMATION

Oklahoma City VA Health Care System requires a multi-year, contracted Elevator and Dumbwaiter Inspection Service with the intent of ensuring the elevators and dumbwaiters are in good working order: Well-maintained and Safe as identified in this PWS. Elevator and Dumbwaiter Inspection is the foundation of service efficiency for all VA Medical Center visitors and staff, in support of the VA Mission.

Location of Services: refer to block 15 of page 1 of SF1449

PURPOSE

The purpose of this contract is to engage a Contractor who can provide scheduled Elevator and Dumbwaiter Inspections on the elevators and dumbwaiters identified in this PWS at OKC VAMC. The contractor will provide a qualified inspector to witness all Semi-Annual Routine Tests, Annual (1-Year) Periodic and Five (5) Year Periodic Tests as specified herein for all elevators and dumbwaiters listed, and provide report of inspection. The “American National Standard Guide for the Inspection of Elevators, Escalators, and Moving Walks” ASME A17.2-2012 and the “American National Standard Safety Code for Elevators and Escalators” ASME A17.1-2013/CSA B44-13, or current, must be used by the inspector as a guide in conducting inspections and witnessing the tests. All labor, travel, equipment, and material required to conduct inspections and witness the required tests is included in the total cost of this service agreement.

The Contractor shall furnish all contract oversight, management, Technically Trained personnel, labor, equipment, tools, materials, supplies, insurances and transportations necessary to provide scheduled Elevator and Dumbwaiter Inspection Services for OKC VAMC in accordance with this PWS. This is a non-personal services contract. The Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose of fulfilling the PWS and shall be considered employees of the Contractor.

BACKGROUND:

Previous contractor has been Bayline Lifts on contract # VA256-16-F-0522. Details of this can be found by searching the contract # on FPDS.gov. The last date of the inspections/tests were July 9, 2020 for Annual and the 5yr load test in March 2016.

The contracted elevator service provider for the facility is required to provide test weights and equipment for the Category 5 (full load) inspection when they are due.

Contractor will be able to schedule all units in the same week for the semi-annual and annual tests.

TASKS AND REQUIREMENTS

Contractor is required to perform services on the following inventory list of elevators and dumbwaiters.

INVENTORY OF ELEVATORS & DUMBWAITERS

1. ELEVATOR PASS P-1, TRACTION ELEV. MODEL SWIFT5000 CONTROLLER

WITH SHEPARD HOIST MACHINE. FLOORS OF TRAVEL ARE BASEMENT, GROUND, ONE THROUGH NINE. LOCATION MAIN HOSPITAL.

2. ELEVATOR PASS P-2, TRACTION ELEV. MODEL SWIFT5000 CONTROLLER

WITH SHEPARD HOIST MACHINE. FLOORS OF TRAVEL ARE BASEMENT,

GROUND, ONE THROUGH NINE. LOCATION MAIN HOSPITAL.

3. ELEVATOR PASS P-3, TRACTION ELEV. MODEL SWIFT5000 CONTROLLER

WITH SHEPARD HOIST MACHINE. FLOORS OF TRAVEL ARE BASEMENT,

GROUND, ONE THROUGH NINE. LOCATION MAIN HOSPITAL.

4. ELEVATOR PASS P-4, TRACTION ELEV. MODEL SWIFT5000 CONTROLLER

WITH SHEPARD HOIST MACHINE. FLOORS OF TRAVEL ARE BASEMENT,

GROUND, ONE THROUGH NINE. LOCATION MAIN HOSPITAL.

5. ELEVATOR PASS P-5, TRACTION ELEV. MODEL SWIFT5000 CONTROLLER

WITH SHEPARD HOIST MACHINE. FLOORS OF TRAVEL ARE BASEMENT,

GROUND, ONE THROUGH NINE. LOCATION MAIN HOSPITAL.

6. ELEVATOR PASS P-6, TRACTION ELEV. MODEL SWIFT5000 CONTROLLER

WITH SHEPARD HOIST MACHINE. FLOORS OF TRAVEL ARE BASEMENT,

GROUND, ONE THROUGH NINE. LOCATION MAIN HOSPITAL.

7. ELEVATOR PASS P-7, TRACTION ELEV. MODEL MIPROM CONTROLLER

WITH MONTGOMERY HOIST MACHINE. FLOORS OF TRAVEL ARE

BASEMENT, GROUND, ONE THROUGH SEVEN. LOCATION CLINIC OF

MAIN HOSPITAL.

8. ELEVATOR PASS P-8, TRACTION ELEV. MODEL MIPROM CONTROLLER

WITH MONTGOMERY HOIST MACHINE. FLOORS OF TRAVEL ARE

BASEMENT, GROUND, ONE THROUGH SEVEN. LOCATION CLINIC OF

MAIN HOSPITAL.

9. ELEVATOR PASS P-9, TRACTION ELEV. MODEL MIPROM CONTROLLER

WITH MONTGOMERY HOIST MACHINE. FLOORS OF TRAVEL ARE

BASEMENT, GROUND, ONE THROUGH SEVEN. LOCATION CLINIC OF

MAIN HOSPITAL.

10. ELEVATOR PASS P-10, TRACTION ELEV. MODEL MIPROM CONTROLLER

WITH MONTGOMERY HOIST MACHINE. FLOORS OF TRAVEL ARE

BASEMENT, GROUND, ONE THROUGH SEVEN. LOCATION CLINIC OF

MAIN HOSPITAL.

INVENTORY OF ELEVATORS & DUMBWAITERS

11. ELEVATOR PASS P-11, TRACTION ELEV. MODEL KONE SOLID STATE

CONTROLLER WITH MONTGOMERY HOIST MACHINE. FLOORS

OF TRAVEL ARE BASEMENT, GROUND, ONE THROUGH SEVEN.

LOCATION CLINIC OF MAIN HOSPITAL.

12. ELEVATOR PASS-12, HYDRAULIC ELEV. MODEL MIPROM CONTROLLER

WITH MONTGOMERY MACHINE. FLOORS OF TRAVEL ARE BASEMENT,

AND GROUND. LOCATION CLINIC OF MAIN HOSPITAL.

ELEVATOR #12 IS NO LONGER IN SERVICE (NO INSPECTION REQUIRED)

13. ELEVATOR PASS-13, TRACTION ELEV. MODEL SCHINDLER SOLID STATE CONTROLLER WITH DOVER HOIST MACHINE. FLOORS OF TRAVEL ARE GROUND, ONE THROUGH THREE. LOCATION BUILDING 19 OF HOSPITAL.

14. ELEVATOR PASS-14, TRACTION ELEV. MODEL MG GENERATOR RELAY LOGIC CONTROLLER WITH DOVER HOIST MACHINE. FLOORS OF TRAVEL ARE GROUND, ONE THROUGH TWO. LOCATION BUILDING ANIMAL RESEARCH ADJACENT TO BLDG. 19 OF MAIN HOSPITAL.

15. ELEVATOR PASS-15, TRACTION ELVE. MODEL OTIS WITH OVERHEAD MACHINE-ROOM-LESS (MRL) GEARLESS TRACTION TYPE; WITH VARIABLE VOLTAGE VARIABLE FREQUENCY MICROPROCESSOR-BASED CONTROL SYSTEM. FLOORS OF TRAVEL ARE GROUND, LEVELS ONE THROUGH THREE. LOCATION IN PARKING GARAGE AT SOUTHEAST ENTRANCE OF HOSPITAL.

16. ELEVATOR PASS-16, TRACTION ELEV. MODEL OTIS WITH OVERHEAD MACHINE-ROOM-LESS (MRL) GEARLESS TRACTION TYPE; WITH VARIABLE VOLTAGE VARIABLE FREQUENCY MICROPROCESSOR-BASED CONTROL SYSTEM. FLOORS OF TRAVEL ARE GROUND, LEVELS ONE THROUGH THREE. LOCATION IN PARKING GARAGE AT SOUTHEAST ENTRANCE OF HOSPITAL.

17. DUMBWAITER NO.1, TRACTION MACHINE. MODEL DA MATOT WITH #201 CONTROLLER. FLOORS OF TRAVEL ARE TWO THROUGH EIGHT. LOCATION DIETETIC OR KITCHEN OF MAIN HOSPITAL.

18. DUMBWAITER NO.2, TRACTION MACHINE. MODEL DA MATOT WITH #201 CONTROLLER. FLOORS OF TRAVEL ARE TWO THROUGH EIGHT. LOCATION DIETETIC OR KITCHEN OF MAIN HOSPITAL.

19. DUMBWAITER NO.6, TRACTION MACHINE. MODEL DA MATOT WITH #200 CONTROLLER. FLOORS OF TRAVEL ARE BASEMENT THROUGH FOUR WITH THREE STOPS. LOCATION CLINIC OF MAIN HOSPITAL.

20. DUMBWAITER NO.7, TRACTION MACHINE. MODEL DA MATOT WITH #300 CONTROLLER. FLOORS OF TRAVEL ARE FOUR THROUGH SEVEN WITH TWO STOPS. LOCATION CLINIC OF MAIN HOSPITAL.

21. DUMBWAITER NO.8, TRACTION MACHINE. MODEL DA MATOT WITH #300 CONTROLLER. FLOORS OF TRAVEL ARE FIVE THROUGH SIX WITH TWO STOPS. LOCATION CLINIC OF MAIN HOSPITAL.

22. DUMBWAITER NO.9, TRACTION MACHINE. MODEL DA MATOT WITH #300 CONTROLLER. FLOORS OF TRAVEL ARE SIX THROUGH SEVEN WITH TWO STOPS. LOCATION CLINIC OF MAIN HOSPITAL.

23. DUMBWAITER NO. 3/CARTLIFT CLEAN NO.1, TRACTION MACHINE. MODEL DA MATOT WITH #901 CONTROLLER. FLOORS OF TRAVEL ARE SIX THROUGH SEVEN WITH TWO STOPS, SPD TO SURGERY. LOCATION CLINIC OF MAIN HOSPITAL.

24. DUMBWAITER NO. 4/CARTLIFT DIRTY NO.2, TRACTION MACHINE. MODEL DA MATOT WITH #901 CONTROLLER. FLOORS OF TRAVEL ARE SIX THROUGH SEVEN WITH TWO STOPS, SURGERY TO SPD. LOCATION CLINIC OF MAIN HOSPITAL.

TASKS AND REQUIREMENTS (continued) The contractor must ensure each Requirement and each Desired Outcome listed in this PWS is satisfied and that Constraints are honored and respected. If the contractor has any conflicts or challenges with these they should consult the COR or CO.

SEMI-ANNUAL ROUTINE INSPECTIONS AND TESTS

B. Equipment shall be cleaned when necessary to make the proper inspection and test.

ANNUAL (1-YEAR) PERIODIC INSPECTIONS AND TESTS

FIVE (5) YEAR PERIODIC INSPECTIONS AND TESTS

B. Inspection and Test to be performed in the designated year only (FY2021).

OTHER MISCELANEOUS CONSTRAINTS

Construction Changes to the VA Medical Center property as a result of construction may result in changes to the requirements of this contract. Any changes made will be in accordance with FAR clause 52.243-1 Changes -- Fixed Price (Aug 1987) and its Alternate I (Apr 1984).

Medical Center Policies Each VA Medical Center has policies that are updated from time to time. The COR can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed, especially policies and constraints regarding parking, possession of weapons, cell phone use and photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

CONTACT POINTS

Contractor Point of Contact (POC) The Contractor shall specify an individual who shall serve as a single point of contact for all Contract related business (POC). Contractor must provide the COR and Contracting Office with the POC contact details, to include cell phone and email, as a minimum:

1. Within 14 business days of contract award,

1. Within 30 business days after contract Option Year renewal, and

1. Within 5 business days prior to a change in the POC by the Contractor.

The POC must be easily accessible by phone and return COR calls within 48 hours of a voice message left by the COR.

Contracting Officer’s Representative (COR) Upon contract commencement, the Contracting Officer will notify the Contractor in writing as to the COR assigned to this contract, and upon reassignment of a new COR, as applicable. Contractor shall only respond to requests for service from the COR or the CO. If service is requested from any source, other than the COR or the CO, the Contractor is to advise the individual of this requirement and refuse to respond. Any billing resulting from unauthorized service will not be paid by the government. The Government reserves the right to inspect and test services in accordance with this PWS, FAR clause 52.246-1 "Inspection of Services - Fixed Price", and the Contract.

Authority of the COR The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

Government Alternate Points of Contact (POC) – Emergencies Only The COR will identify Alternate Points of Contact (POC) to be used only for instances of emergencies when the COR is not easily contactable. These will be individuals in supervisory or managerial roles within the same department as the COR. The contractor will be provided this information within 5 days after contract award and within 48 hours of a change to this information. An Alternate POC does not replace the COR nor do they replace the Contracting Officer during the performance and administration of this contract, nor does it relinquish or diminish the Contractor’s requirements in relation to the performance of this Contract.

CONTRACTOR PERSONNEL SPECIFICATIONS and REQUIREMENTS Contractor shall schedule all services at least 2 weeks in advance and approved by VAMC COR. Work must be conducted when the COR or his/her designate is available on site to monitor the work.

At all times during performance of Services, in accordance with this PWS, the Contractor must ensure Contractor personnel are able to function professionally amongst the general public in a hospital and health care environment. Where possible, a warm-natured and humane approach from Contractor personnel is preferred. During the performance of services care and consideration must be given to VA visitors and staff, with a minimal of disturbance.

SAFETY AND SECURITY

Check In/Out Procedures Prior to commencement of, and immediately after each service visit, the Contractor or Contractor’s authorized Personnel, must check in and out with the VAMC COR. Only individual VA Engineering Services staff, as delegated by the COR, can coordinate check in and check out procedures for the Contractor in the absence of the COR. Due to heightened security requirements, the Contractor or his authorized service representative will be required to wear a VA issued ID Badge which will be signed for upon arrival and turned in when leaving. All Badges must be worn at or above the waist and facing forward. This Badge must be turned in before leaving the premises; otherwise the person signing for it will be required to pay for the unreturned ID Badge.

Standard Business Hours Except by special alternate arrangement, coordinated and authorized by the COR, scheduled inspections and testing will be performed only during VA Medical Center standard operating hours which occur between 8:00am to 4:30pm Monday through Friday excluding Federal holidays.

Federal Holidays The Federal Government observes the following days as holidays.

*Holidays that fall on Saturday are observed on the preceding Friday. Holidays that fall on Sunday are observed on the following Monday.

In addition to the days designated as holidays, the Government observes the following days:

· Any other day designated by Federal Statute

· Any other day designated by Executive Order

· Any other day designated by the President of the United States to be a Federal holiday

Safety and Compliance The Contractor must perform services and ensure equipment functions in accordance with:

a) local, state, and federal Occupational Safety and Health guidelines and legislation, which includes Occupational Safety and Health Administration (OSHA) ;

b) local, state and federal guidelines and legislation, as well as VA Medical Center Directives and guidelines; and

c) local, state and federal Fire and Safety legislation and guidelines, to include VA Medical Center directives and legislation on Fire and Safety, as well as the latest published edition of NFPA-99/101 (Health Care Facilities Code).

The Contractor is responsible for all charges, fees, applications and procurement of all permits, licenses, registrations and certificates, pursuant to provision of services.

Protection From Damage Contractor shall provide all labor, materials, and equipment necessary for protection of VAMC personnel, furnishings, equipment and buildings from damage, and shall replace or repair any damage due to work performed under this contract equal to its original construction and finish.

CONTRACTOR FURNISHED EQUIPMENT / PROPERTY (CFE / CFP)

To be updated upon contract award and as necessary. Contractor furnished property and equipment must be properly labeled, to include company name, address and phone number.

GOVERNMENT FURNISHED EQUIPMENT / PROPERTY (GFE / GFP)

Electricity Electricity is available for use by the contractor for the purpose of performing services per this PWS. The contractor shall use electricity from existing outlets at the location. Electric extension power cords will not be provided by the Government.

Parking Spaces Contractor parking arrangements will be made available and must be coordinated with the COR. If parking on VA property drivers must comply with VA Security requirements. The VA does not validate or reimburse parking costs or violations of Contractor’s or their personnel under any circumstances.

QUALITY

Conformance Standards Refer to section on Safety and Compliance in this PWS.

Service Reports Contractor shall provide the COR with individual Service Reports describing all tests performed, all findings, and all recommendations. Findings include whether the elevator parts have been kept clean and lubricated where necessary. Recommendations include adjustments, repairs, or replacements necessary to correct troubles encountered, as well as justification for such recommendations. Specifications need to be sufficient to enable the VAMC to purchase any materials required for the recommendations. All Service Reports are to be signed and dated by designated Contractor POC and given to the COR within one week of each facility Service. The Service Report is to be submitted in “Microsoft Word” format by email to the COR in addition to a printed copy.

Note: All safety or operational related deficiencies shall be immediately reported to the COR during the Service / inspection visit.

Liability Insurance Contractor must provide this VAMC with written confirmation that Contractor has adequate insurance protection against negligent work and other forms of liability. The nature and level of protection must be acceptable to this VAMC. Either a paper version or emailed version must be provided to the COR within:

a) 15 business days of contract award and

b) 15 business days after contract extension

DEFINITIONS

Contractor Employees – has the same meaning as Contractor Personnel Contractor Personnel - has the same meaning as Contractor Employees CO – Contracting Officer COR – Contracting Officer’s Representative POC – Point of Contact SDS - Safety Data Sheet Services – Elevator and Dumbwaiter Testing Technically Trained Personnel – are personnel and/or employees who shall be suitably knowledgeable in the Elevator Inspection and Testing Services in order to satisfactorily perform services in accordance with the PWS. Also known as Contractor Personnel or Contractor Employees or Technicians.

ASME – American Society of Mechanical Engineers NFPA – National Fire Protection Association OSHA - Occupational Safety and Health Administration CFR - Code of Federal Regulations VA Mission - To fulfill President Lincoln's promise "To care for him who shall have borne the battle, and for his widow, and his orphan" by serving and honoring the men and women who are America's veterans.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Deduction Penalty Rework

POC Contact information is current and updated.

Respond to at least 95% of incoming telephone calls or voice messages left by COR within the month (calendar) to be Rated Satisfactory.

No more than 3 of returned phone calls to COR may be later than the specified time period within the month (calendar) to be Rated Satisfactory.

Direct Observation - Receipt of POC contact details

Direct Observation - of POC contact details and accessibility Incentive Rating, refer to Incentive Rating Table

3.

Contractor certification

Liability insurance Certification provided to COR on time

Liability insurance provided to COR on time

4. GFP/GFE:

Security: Check In / Check Out

Direct Observation - Review of Badge Log

Badges returned immediately and in person by the Contractor upon notification from COR or OKC VAMC Security.

Incentive Rating, refer to Incentive Rating Table

(+) Meet the acceptable performance definition as a condition for exercise of option year.

Minimum SATISFACTORY rating for ALL TASKS.

(+) Meet the acceptable performance definition as a condition for exercise of option year. Minimum THREE (3) or more TASKS with at least VERY GOOD or EXCEPTIONAL rating.

(+) Meet the acceptable performance definition as a condition for exercise of option year. Minimum SATISFACTORY rating for ALL TASKS to include Exceptional and Very Good rating requirements described above.

(-) Does not meet the acceptable performance definition as a condition for exercise of an option year.

(-) Does not meet the acceptable performance definition as a condition for exercise of an option year.

* The Government will not exercise the next option year term unless all regulatory requirements are met and the contractor meets the acceptable performance definition.