36C26022Q0843.docx
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- H342--Fire Extinguisher Inspection and Servicing Federal contract opportunity
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- 36C26022Q0843
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36C26022Q0843
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
687-22-4-547-0074 36C26022Q0843 08-30-2022 Craig Brown 360-816-2784 09-07-2022 3pm
PDT
36C260 Network Contracting Office 20
ATTN: V4CONT
1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver
WA
98661 X X 541350 $8 Million Net 30 N/A X Department of Veterans Affairs Walla Walla VA Medical Center 77 Wainwright Drive Walla Walla
WA
99362 36C260 Network Contracting Office 20
ATTN: V4CONT
1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver
WA
98661
Dept of Veterans Affairs
FMS-VA-2(101)
Financial Services Center
PO BOX 149971
Austin
TX
78714-9971 See CONTINUATION Page Contractor shall provide monthly fire extinguisher inspection for the Walla Walla VA Medical Center Period of Performance Base Period: 09/30/22 - 09/29/23 Option Period One (1) 09/30/23 - 09/29/24 Option Period Two (2) 09/30/24 - 09/29/25 Option Period Three (3) 09/30/25 - 09/29/26 Option Period Four (4) 09/30/26 - 09/29/27 Offerors shall thoroughly review the quote preparation See Section E4.
VA POC: Craig Brown at craig.brown7@va.gov See CONTINUATION Page 687-3620162-547-850300-2580 010050100 X X Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 7 |
| ITEM INFORMATION | 7 |
| SECTION C - CONTRACT CLAUSES | 12 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 12 |
| C.2 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 12 |
| C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 12 |
| C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 12 |
| C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 13 |
| C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 15 |
| C.7 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION) | 15 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 18 |
| SECTION E - SOLICITATION PROVISIONS | 19 |
| E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 19 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 19 |
| E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 22 |
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 36C260 Network Contracting Office 20
ATTN: V4CONT
1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [X] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [] |
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.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
FIRE EXTINGUISHER INSPECTION AND SERVICE
WALLA WALLA VA MEDICAL CENTER
1. Contract Title: Fire extinguisher inspection and servicing Background:
As per the latest editions of NFPA 101, NFPA 10 and VA guidebook, the Walla Walla Veterans Administration Medical Center (i.e. WWVAMC) maintains fire extinguishers that require monthly, annual (performed in November of each year), 6 year and 12 year hydro servicing. There is also the need to maintain a kitchen hood in one of its buildings requiring semi-annual inspection.
2. Contract Type: Base year plus 4 option years Start of contract: September 30th, 2022
3. Scope:
There are roughly 200 extinguishers within buildings and a few vehicles across the WWVAMC. Each fire extinguisher that is not in a hazardous area, such as a high-voltage vault, must be inspected each month and serviced annually. Contractor to utilize blank hard copy of inventory from the outset of the monthly/annual inspections. Contractor to install blank tag at the outset of each new year. Contractor to utilize weatherproof tag and ink for units placed outdoors. Contractor will mark date and initials at each extinguisher tag when conducting rounds. When all work is complete, Contractor will submit signed comprehensive inventory, with today’s date, to FMS office. Contractor to add comments (i.e. extinguisher obstructed by furnishings). Documentation will be archived by FMS.
Contractor to recharge spent extinguishers. Spare extinguishes are within the incinerator building 107. Refer to enclosed inventory for exact quantities of devices at Walla Walla VAMC Kitchen hood in building 140 shall be inspected semi-annually.
4. Specific Tasks:
A. INSPECTION:
1. Monthly: The Contractor will inspect each fire extinguisher monthly on the 15th of the month, with no less than 26 days and no more than 34 days apart. This inspection will be documented at each extinguisher on a physical tag. All inspections shall follow NFPA guidelines. Inspection tags shall note the month/year of inspection along with the initials of the person performing the inspection. Contractor to let COR know of any units that are being blocked, missing, or moved to another location.
2. Annual: A visual examination of all fire extinguishers shall be made to detect obvious physical damage, corrosion, nozzle blockage, to verify that the operating instructions are present, legible and facing forward and that the HMIS information is present and legible, and to determine if a 6-year interval examination or hydrostatic test is due. Please refer to NFPA table 7.3.3.1 Maintenance involving internal examination for the type and frequency of examination needed.
3. 6-Year: Refer to inventory list for which devices will be due for inspection. A durable weatherproof label shall be affixed to those extinguishers that pass the appliable 6-year requirement. Any previous 6-year label shall be removed.
4. 12-year: Hydrostatic testing: When subjected to temperatures at or above their listed rating, stored-pressure fire extinguishers that require a 12-year hydrostatic test shall be emptied and subject to the appliable maintenance and recharge procedures on an annual basis.
5. Refer to inventory list for which devices will be due for inspection.
B. SERVICE:
1. Annual: The tamper seal of rechargeable fire extinguishers shall be removed and after applicable maintenance procedures are completed, a new listed tamper seal shall be installed. Seals or tamper indicators on non-rechargeable type extinguishes shall not be removed. All removable extinguisher boots, foot rings and attachments shall be removed to accommodate thorough annual cylinder examinations.
2. An annual service of each extinguisher will occur no less than 355 days and no more than 375 days apart and be documented at the extinguisher. Extinguishers not meeting the inspection criteria will be serviced and placed back in their holder. Contractor to provide and replace tag at annual inspection.
3. 6-year: Every 6 years, stored pressure fire extinguishers that require a 12-year hydrostatic test shall be emptied and subjected to the appliable internal and external examination procedures as detailed in the manufacturer’s service manual and per NFPA standards.
4. 12-year: Stored pressure fire extinguishers that require a 12-year hydrostatic test shall be emptied and subjected to the applicable internal examination procedures as detailed in the manufacturer’s service manual and per NFPA standards.
5. Performance Monitoring:
Performance will be monitored by random inspections of the work by the Safety program.
6. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI): The VA will furnish locations of each fire extinguisher included in the inspections.
7. Identification of Potential Conflict of Interest (COI):
A. The contractor has the responsibility to ensure no potential Conflicts of Interest exist prior to performance of the work required for the contract.
8. Contractor Identification:
A. Contact the COR and Police for badges. Work requires a COR Sponsored badge, which require fingerprint and background check. The Contractor and all workmen on VA property for the execution of the contract shall be issued and wear a VA Contractor Badge at all times.
B. Each individual will be asked to provide a State issued photo ID such as a Drivers License the first time they are issued a Contractor Badge. A photocopy of this ID will be kept on file by the VA along with a record of employer, badge number, and date of issue.
C. The recipient of the Contractor Badge is responsible for the badge at all times. If a Contractor Badge is found to be missing, notify the CO for security, and re-issuance of a new badge. A person not wearing their Contractor Badge may be detained for verification of identity and employment.
D. Contractor shall be issued keys to buildings which must be returned at end of contract.
E. The Contractor shall be responsible to ensure that badges issued to ALL workmen are returned upon completion of work.
9. Place of Performance:
Department of Veterans Affairs Jonathan M. Wainwright Memorial VA Medical Center 77 Wainwright Walla Walla, WA 99362
10. SECURITY REQUIREMENTS
The contractor employees shall not have access to VA sensitive or computer information and will not require routine access to VA Facilities. The contractor employees shall require intermittent access only and will be escorted by VA employees while at VA Facilities. No background investigation is required.
A flash badge shall be obtained from the VA Facility Human Resource office. The flash badge will be worn while the Contractor employee(s) is on-site and will be returned to the HR office, upon completion of that job.
11. Federal Holidays and working hours:
Working Hours: Regular hours are 8:00 am to 4:00 pm, local time, Monday through Friday except for Federal Holidays. Work outside the normal working hours when directed by the VA must be with the written approval of the Contracting Officer unless those hours have been included. Work outside these hours at the request of the Contractor shall not result in any increase in price.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12.00 |
| MO |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide the Walla Walla VAMC Monthly Inspection of all fire extinguishers in accordance with the SOW.
Contract Period: Base POP Begin: 09-30-2022 POP End: 09-29-2023
| 1.00 |
| JB |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide the Walla Walla VAMC annual recertification of all fire extinguishers (Including 12th month inspection) in accordance with the SOW.
| 1.00 |
| JB |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide maintenance and refill of all fire extinguishers for the Walla Walla VAMC in accordance with the SOW.
| 2.00 |
| JB |
| __________________ |
| __________________ |
Services non personal. The contractor shall provide BLG 140 kitchen hood inspection in accordance with the SOW.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide the Walla Walla VAMC Monthly Inspection of all fire extinguishers in accordance with the SOW.
Contract Period: Option 1 POP Begin: 09-30-2023 POP End: 09-29-2024
| 1.00 |
| JB |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide the Walla Walla VAMC annual recertification of all fire extinguishers (Including 12th month inspection) in accordance with the SOW.
| 1.00 |
| JB |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide maintenance and refill of all fire extinguishers for the Walla Walla VAMC in accordance with the SOW.
| 2.00 |
| JB |
| __________________ |
| __________________ |
Services non personal. The contractor shall provide BLG 140 kitchen hood inspection in accordance with the SOW.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide the Walla Walla VAMC Monthly Inspection of all fire extinguishers in accordance with the SOW.
Contract Period: Option 2 POP Begin: 09-30-2024 POP End: 09-29-2025
| 1.00 |
| JB |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide the Walla Walla VAMC annual recertification of all fire extinguishers (Including 12th month inspection) in accordance with the SOW.
| 1.00 |
| JB |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide maintenance and refill of all fire extinguishers for the Walla Walla VAMC in accordance with the SOW.
| 2.00 |
| JB |
| __________________ |
| __________________ |
Services non personal. The contractor shall provide BLG 140 kitchen hood inspection in accordance with the SOW.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide the Walla Walla VAMC Monthly Inspection of all fire extinguishers in accordance with the SOW.
Contract Period: Option 3 POP Begin: 09-30-2025 POP End: 09-29-2026
| 1.00 |
| JB |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide the Walla Walla VAMC annual recertification of all fire extinguishers (Including 12th month inspection) in accordance with the SOW.
| 1.00 |
| JB |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide maintenance and refill of all fire extinguishers for the Walla Walla VAMC in accordance with the SOW.
| 2.00 |
| JB |
| __________________ |
| __________________ |
Services non personal. The contractor shall provide BLG 140 kitchen hood inspection in accordance with the SOW.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide the Walla Walla VAMC Monthly Inspection of all fire extinguishers in accordance with the SOW.
Contract Period: Option 4 POP Begin: 09-30-2026 POP End: 09-29-2027
| 1.00 |
| JB |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide the Walla Walla VAMC annual recertification of all fire extinguishers (Including 12th month inspection) in accordance with the SOW.
| 1.00 |
| JB |
| __________________ |
| __________________ |
Services non personal, the contractor shall provide maintenance and refill of all fire extinguishers for the Walla Walla VAMC in accordance with the SOW.
| 2.00 |
| JB |
| __________________ |
| __________________ |
Services non personal. The contractor shall provide BLG 140 kitchen hood inspection in accordance with the SOW.
| GRAND TOTAL |
| __________________ |
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| AUG 2020 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| NOV 2021 |
C.2 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of Clause) C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)
(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.
[X] 852.203–70, Commercial Advertising.
[] 852.209–70, Organizational Conflicts of Interest.
[] 852.211–70, Equipment Operation and Maintenance Manuals.
[] 852.214–71, Restrictions on Alternate Item(s).
[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.
[] 852.214–74, Marking of Bid Samples.
[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.
[] 852.215–71, Evaluation Factor Commitments.
[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.
[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.
[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.
[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.
[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.
[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.
[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.
[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.
[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.
[] 852.228–70, Bond Premium Adjustment.
[] 852.228–71, Indemnification and Insurance.
[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.
[X] 852.232–72, Electronic Submission of Payment Requests.
[] 852.233–70, Protest Content/Alternative Dispute Resolution.
[] 852.233–71, Alternate Protest Procedure.
[] 852.237–70, Indemnification and Medical Liability Insurance.
[] 852.246–71, Rejected Goods.
[] 852.246–72, Frozen Processed Foods.
[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.
[] 852.270–1, Representatives of Contracting Officers.
[] 852.271–72, Time Spent by Counselee in Counseling Process.
[] 852.271–73, Use and Publication of Counseling Results.
[] 852.271–74, Inspection.
[] 852.271–75, Extension of Contract Period.
[] 852.273–70, Late Offers.
[] 852.273–71, Alternative Negotiation Techniques.
[] 852.273–72, Alternative Evaluation.
[] 852.273–73, Evaluation—Health-Care Resources.
[] 852.273–74, Award without Exchanges.
(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:
[] 852.237–74, Nondiscrimination in Service Delivery.
(End of Clause) C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)
(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.
(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.
(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.
(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
(End of Clause) C.7 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:
(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.
(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating section 1001 of title 18.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. The Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification:
I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].
Printed Name of Signee:________________________________________ Printed Title of Signee:_________________________________________ Signature:___________________________________________________ Date:_____________________ Company Name and Address:________________________________________
(End of Clause)
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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
See attached document: Fire Extinguisher Locations.
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SECTION E - SOLICITATION PROVISIONS
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Provision) E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”
(d) Representations. The Offeror represents that—
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of Provision)
E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Technical and past performance, when combined, are .
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
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